Napster founder<BR>Shawn Fanning
Photo: MTV News

TVT Records, home to Sevendust, 2Gether and Guided by Voices, has dropped its copyright infringement claims against Napster, becoming the first record label to fully settle with the controversial free file-sharing service.

In a statement released by both companies Thursday (January 25), TVT said its decision to end the lawsuit is based on the new service Napster is developing under its strategic alliance with Bertelsmann AG, parent of BMG Music, that upholds the Napster experience while also providing payments to rights holders, including artists, songwriters, recording companies and music publishers.

"The future Napster offers the opportunity to reach music fans in unprecedented and as yet unimagined ways," TVT president and founder Steve Gottlieb said in the statement. "Word-of-mouth has always been critical to breaking our artists — now we have harnessed the power of the fastest growing 'word-of-Net' vehicle in existence. It is high time that the industry embraces a service that the public has so emphatically said they want." Under the new agreement, TVT will drop the lawsuit it filed last June seeking an estimated $1.5 billion for copyright infringement of 10,000 songs and allow its master recordings to be used for song-swapping on Napster. TVT will also promote the new Napster business model and Gottlieb will act as adviser to the company in their continuing effort to address concerns of artists and their record companies. Financial terms of the settlement were not disclosed.

"Moving this conversation from the courtroom to the boardroom helps us advance file-sharing as a benefit to artists and songwriters as well as music fans," Napster CEO Hank Barry said. "This new arrangement is further evidence that the alliance we developed with Bertelsmann is the right direction for the industry to take." Napster and Bertelsmann announced their alliance last fall and are developing a membership-based service that will provide the Napster community with high-quality file-sharing. Although they have encouraged other labels to unite in the alliance, only Edel Music of Germany has joined.

Bertelsmann will not drop its lawsuit against Napster until the new service is launched, and Barry told Reuters he could not predict when that will be.

Napster, a free downloadable program developed by college student Shawn Fanning just more than a year ago, struck a chord with music fans last year and now has more than 45 million users, according to Reuters. The service also brought copyright issues to the center of the music industry and resulted in infringement lawsuits brought on by Metallica, Dr. Dre and all five major record label conglomerates.

TVT, which has released the soundtracks for "Snatch," "Traffic" and "Miss Congeniality" in recent weeks, is considered a pioneer in the digital music field. The label currently offers its entire catalog of music as free timed-out digital downloads on its Web site.

For complete digital music coverage, check out the Digital Music Reports.

• Sevendust
• 2gether
• Guided By Voices

Michael 'Q.T.' Cuccione
Photo: MTV

Thousands of friends, family and fans packed a church in a Vancouver, British Columbia, suburb on Wednesday evening and again Thursday morning to mourn Michael "Q.T." Cuccione, the youngest star of MTV's boy-band parody, "2gether." Cuccione died January 13 after his lungs collapsed following a bout with pneumonia. Treatments during the 16-year-old's past two battles with Hodgkin's disease left him unable to move air properly through his lungs (see "2gether's Michael 'Q.T.' Cuccione Dies"). All four of Cuccione's 2gether bandmates attended the services in Burnaby, British Columbia, including Jerry Farmer (Jerry O'Keefe), Noah Bastian (Chad Linus), Alex Solowitz (Mickey Parke) and a visibly shaken Kevin Farley (Doug Linus).

"Baywatch" actor David Hasselhoff, a close friend of Cuccione's and the man who gave him his first break in acting, delivered a eulogy and a song dedicated to the teen at Wednesday's service. Both events included a 75-member choir from Cuccione's Catholic high school. Among the displays were a picture of Cuccione being blessed by the pope, a giant poster of Cuccione with a teddy bear and masses of wreaths and flowers.

A huge procession of limousines, cars, police escorts and even fire trucks on Thursday accompanied Cuccione's casket through the streets of greater Vancouver, where he had been revered as a personable and gutsy cancer survivor, research activist and fund-raiser, as well as an actor and performer.

According to "2gether" executive producer Brian Gunn, the cast members' grief was genuine. "They really were close friends," Gunn said. The cast and crew had worked together for well over a year. "2gether" had first been shot as an MTV original movie that aired last February, but its popularity led to an album, tour dates and a TV series that debuted in August. According to sources in Vancouver, where both the movie and the series were shot, Cuccione's recent heath problems first surfaced in the fall. The actor missed three episodes that were taped in September and October, and was hospitalized for two of the last six shows taped over November and December. His role in the episodes in which he did appear was reduced to accommodate his lack of stamina.

The "2gether" storyline had Q.T., who suffered from the fictional disease "biliary thrombosis," off promoting his book, "Living With My Liver," for his first hiatus. Sources say the last set of shows taped dealt with the return of the character. At least one other episode dealt with Q.T.'s fictional illness at length.

While most of those episodes are expected to air with the blessings of the Cuccione family, the future of the series beyond those shows remains unknown, sources at MTV said. It's a safe bet the producers will not recast the role of Q.T, though they may be given to adding another bandmember should the show continue, sources said.

"The original plan was to air those episodes, and then take it from there," one source said. "Obviously, the ratings and other factors would have played a part in the final decision, so we were never sure of the future of the series, and that remains the case at this time." According to Gunn, the show's producers remain sensitive to the wishes of the family, and while the family has wholeheartedly endorsed the airing of the episodes taped with Cuccione, it has not commented on the possibility of continuing the show without the young star. Gunn also said plans for a tribute to Cuccione are being discussed.

East Coast fans of the actor are also planning tributes. A benefit for the Michael Cuccione Foundation, which raises money for cancer research, is scheduled for February 18 at the Sunrise Mall in Massapequa, New York, while a memorial service is set for St. Martin of Tours Church in Beth Page, New York, on February 21.

• 2gether

Michael Cuccione, who played the engaging Jason "Q.T." McKnight on the boy-band spoof "2gether," died of natural causes Saturday night in his hometown of Vancouver, British Columbia, just eight days after his 16th birthday. "His lungs just gave out," his uncle, also named Michael Cuccione, said on Tuesday (January 16). "We weren't really expecting it."

Cuccione had been fighting respiratory problems for several months and did not appear in the last several episodes of the popular series, which aired on MTV.

While Cuccione's character was afflicted with the fictional "biliary thrombosis," in real life, the teen had previously suffered from Hodgkin's disease, a form of cancer affecting the lymph nodes. The cancer, first diagnosed in July 1994 when Cuccione was 9, was treated with five months of chemotherapy, but returned the following year and spread to his lungs. However, more aggressive chemotherapy, radiation and a successful bone marrow transplant kept him cancer-free.

According to Cuccione's uncle, the singer/actor's cancer had not returned in five years, but past treatments had left him unable to move air properly through his lungs. He developed a problem with his diaphragm and was forced to tape episodes of "2gether" with a portable oxygen machine in tow.

Cuccione was unable to fight off the effects of a minor Vancouver-area car accident in early December, and he entered the hospital on December 4 with pneumonia. He spent the rest of his stay on a respirator before succumbing to respiratory failure on January 13.

A well-known campaigner for cancer research and awareness following his bout with the disease, the singer/actor established the charitable Michael Cuccione Foundation for Cancer Research and turned a love of music into a fund-raising effort by recording a five-song CD, Make a Difference. He also co-authored a book with his grandmother, There Are Survivors: The Michael Cuccione Story," about his experiences. His efforts eventually raised close to $500,000 (CDN), which was donated to the B.C. Children's Hospital.

In July 1997, a request to meet "Baywatch" star David Hasselhoff led to an acting role on an episode of the show playing real-life cancer victim Charlie Dodson Hays, and more roles followed.

The producers of "2gether" had already arranged to shoot the movie and ultimately the spin-off TV series in Vancouver when they discovered Cuccione and cast him in the part of Q.T., the "cute one." The series was an immediate hit, as was the soundtrack album (see "2gether Outpaces 'NSYNC On Singles Chart, Talks Success"). The group even took on concert performances, most notably opening seven shows for Britney Spears (see "2gether To Open Select Shows For Britney Spears").

A memorial service is being held for Cuccione in Vancouver Wednesday evening with the funeral set for Thursday morning. Both are open to the public, according to his family.

In lieu of flowers, donations can be made in Cuccione's memory to the Michael Cuccione Foundation, Box 31081, 2929 St. John's Street, Port Moody, B.C, Canada, V3H 4T4.

• 2gether

Truth is indeed stranger than fiction.

2gether, the fictitious boy band concocted for an MTV original TV-movie of the same name, has outsold 'NSYNC on the singles chart for two weeks running.

The group's "The Hardest Part Of Breaking Up (Is Getting Back Your Stuff)" has outpaced 'NSYNC's "It's Gonna Be Me" by about 10,000 units over the past two weeks; on this week's SoundScan singles sales chart, 2gether comes in five slots ahead of 'NSYNC at number 14.

As further evidence that the group is turning into what it was intended to spoof, 2gether's second album, "2gether Again," sold more than 42,000 copies in its first week, landing the CD at number 26 on next week's "Billboard" album chart (see "Nelly Stays On Top As 'Backstage,' 2gether Hit Chart").

The five members of 2gether -- Evan Farmer ("Jerry O'Keefe"), Michael Cuccione ("Jason 'Q.T.' McKnight"), Alex Solowitz ("Mickey Parke"), Noah Bastian ("Chad Linus"), and Kevin Farley ("Doug Linus") -- were tapped to star in director Nigel Dick's "Spinal Tap"-like spoof of boy band mania. Now, the group has gone on to spawn two albums, a weekly TV series, and even a stint on Britney Spears' recent tour (see "2gether To Open Select Shows For Britney Spears").

On Wednesday, MTV News caught up with the prefab five as they met the press before the 2000 MTV Video Music Awards and talked to the band about the secrets behind their semi-ironic success.

"We basically have two types of fans right now," Kevin Farley explained. "Those who like our music, and those who get the joke. We live in both worlds at the same time, and that's fine with us.

"We're surprised that we've done so well," he admitted.

"Pop music is where it's at right now," Evan Farmer said, "so if we tap that market to get people to watch our show -- Tuesday nights at 10 p.m. [laughs] -- then we're stoked, 'cause we think we have a great show. We're having a lot of fun, and we want to share that." [RealVideo]

He added, "Everybody gets the joke, pretty much, and they like the music, 'cause it's funny. The music is actually pretty good, but the majority of everybody gets a kick out of us." [RealVideo]

The "2gether" TV series picks up where the movie left off and airs, as "Jerry" said, Tuesday nights at 10 p.m. (ET), with regular encore presentations throughout the week.

• *NSYNC
• 2gether

Not since the Cardinals boasted the lineup of Ozzie Smith, Keith Hernandez, and Darrell Porter in the early '80s has St. Louis been riding this high.

That city's hottest hip-hop export, Nelly, will once again rule the chart roost next week as his "Country Grammar" remains the biggest-selling album in the land, according to sales figures released by SoundScan on Wednesday. Nelly's debut effort sold more than 200,000 copies last week to hold on to the number one spot on the "Billboard" album chart.

The top five remains relatively unchanged, as Britney Spears, Eminem, Creed, and the "Now That's What I Call Music" collection follow Nelly on next week's chart.

The week's biggest debut comes courtesy of DJ Clue and the soundtrack to the "Hard Knock Life" tour documentary "Backstage." Clue's "Backstage Mixtape" sold more than 112,000 copies in its first week in stores to debut at number six on the chart.

Rappers Do Or Die also boast an impressive debut with "Victory," which sold more than 58,000 copies to land at number 13 in its first week on the chart.

The boy band spoofsters 2gether reap the benefits of frequent, prolonged TV exposure on next week's chart as their second effort, "2gether Again," debuts at number 26 after selling more than 42,000 copies.

The week's other notable debuts include Bebe Winans' "Love & Freedom" at 30, Stacie Orrico's "Genuine" at 103, Mudvayne's "L.D. 50" at 113, Patty Loveless' "Strong Heart" at 126, and Ricardo Arjona's "Galeria Caribe" at 136.

• Jay-Z
• Nelly
• 2gether

Following in the footsteps of such faux pop acts as Milli Vanilli and The Monkees, the mock boy band known as 2gether has announced plans to head out on the road later this month to open several shows for Britney Spears.

2gether is currently slated to open for Spears for seven of the singer's upcoming tour dates, including July 29 in Irvine, California, August 28 in Boston, and Indianapolis on September 2.

The group, comprised of Mickey Parke (portrayed by actor Alex Solowitz), Jerry O' Keefe (Evan Farmer), Jason "QT" McKnight (Michael Cuccione), Chad Linus (Noah Bastian), and Doug Linus (Kevin Farley), made its debut as part on the MTV TV film, "2gether," back in February.

The "2gether" special also spawned an accompanying album from the band, which included such tracks as "U + Me = Us (Calculus)" and "Say It (Don't Spray It)," and has already sold more than 225,000 copies since its release.

2gether will return to the airwaves on August 15 for the launch of "2gether: The Series," which began production in Vancouver, British Columbia late last month and has already been greenlit for at least a 13-episode run.

The actors involved in the series are also working on a second 2gether album, which is tentatively set for release via TVT Records in August. A song titled "The Hardest Part Of Breaking Up...Is Getting Your Stuff Back" will be the first single from the record, which will also include such tracks as "Awesum LuvR," "U & U & Me," and "5gether."

Dates where you can catch 2gether opening for Britney Spears this summer:

• 7/29 - Irvine, CA @ Verizon Wireless Amphitheatre
• 8/1 - Concord, CA @ Chronicle Pavilion
• 8/5 - Devore, CA @ G.H. Blockbuster Pavilion
• 8/28 - Boston, MA @ Tweeter Center
• 8/30 - Saratoga Springs, NY @ Performing Arts Center
• 9/2 - Indianapolis, IN @ Deer Creek Music Center
• 9/3 - Columbus, OH @ Polaris Amphitheater

• Britney Spears
• 2gether

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