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Decibel and Docket

Podcast af Dave Brooks

engelsk

Nyheder & politik

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Decibel and Docket is a podcast at the intersection of the music business, live entertainment and the justice system. Hosted by veteran entertainment journalist Dave Brooks and attorney Mike Seville, this weekly podcast examines major legal stories and headlines affecting artists, content creators and the business of culture.

Alle episoder

23 episoder

episode Is the Live Nation Settlement CORRUPT AF + Patrick Ryan with Eventellect on What Sports Can Teach Live Music About Ticket Resale cover

Is the Live Nation Settlement CORRUPT AF + Patrick Ryan with Eventellect on What Sports Can Teach Live Music About Ticket Resale

The latest episode of the Decibel and Docket podcast dives deep into the escalating legal and political battle surrounding Live Nation Entertainment, Ticketmaster, the U.S. Department of Justice antitrust case, and the increasingly volatile intersection of live music, politics, ticketing, and sports. Veteran music journalist Dave Brooks and entertainment attorney Michael Seville unpack one of the most controversial congressional hearings in recent memory — a hearing led by Jamie Raskin and Richard Blumenthal examining what critics are calling a deeply flawed and potentially corrupt settlement between the DOJ and Live Nation. From there, the podcast pivots into a detailed legal analysis of the congressional hearing examining the DOJ’s proposed settlement with Live Nation and Ticketmaster. The hosts break down explosive testimony from former DOJ antitrust officials, including criticism of alleged political interference inside the Trump administration and accusations that lobbying efforts may have influenced the government’s approach to antitrust enforcement. Dave Brooks and Michael Seville explore how the hearing could impact Judge Arun Subramanian’s eventual remedies ruling in the Live Nation antitrust case and discuss whether lawmakers are attempting to pressure the judiciary during a critical phase of the proceedings. The conversation examines the broader implications for the live entertainment industry, including monopolistic practices in concert promotion, venue management, ticketing contracts, dynamic pricing, platinum tickets, and consumer fees. The hosts debate whether Live Nation could realistically face structural remedies or even a breakup, and why many independent promoters and venue operators believe the current settlement does little to address the company’s market power. The episode also analyzes testimony from legendary Chicago promoter Jerry Mickelson and Tampa venue owner Tom George, who argue that independent venues and promoters are being squeezed out of the marketplace. Later in the episode, Dave and Mike welcome special guest Patrick Ryan, one of the most influential executives in the secondary ticketing and sports analytics business. Ryan provides a rare behind-the-scenes look at the modern ticket resale ecosystem, explaining how sports teams, dynamic pricing algorithms, season ticket holders, and secondary marketplaces like StubHub transformed the economics of live events over the past two decades. The discussion covers everything from NBA and NFL ticketing strategies to World Cup ticket pricing chaos, resale legislation in states like California and New York, ticket caps, fan experience concerns, and the growing debate over who should ultimately control ticket pricing: artists, teams, promoters, or the open market. Patrick Ryan also explains why sports ticketing operates differently from concert ticketing and why lawmakers frequently carve sports teams out of anti-resale legislation. The episode additionally explores the controversial “blue dot flu” phenomenon impacting concert ticket sales in 2026, the rise of premium and platinum ticketing strategies, the future of dynamic pricing in live entertainment, and the increasing role data analytics companies play in shaping fan behavior and maximizing venue revenue. Fans of the music business, antitrust law, sports business, ticket resale, concert touring, and entertainment industry politics will find this episode packed with insider analysis, legal insight, and candid commentary about the forces reshaping live entertainment. Whether you follow Ticketmaster controversies, DOJ antitrust litigation, Drake and Kendrick Lamar’s ongoing feud, sports ticketing innovation, or the economics of live music, this episode delivers an in-depth conversation about the future of concerts, ticket prices, venue ownership, and the power struggles driving the modern entertainment industry.

I går - 1 h 0 min
episode Live Nation BREAKUP LOOMS + Is the term SCALPER kind of RACIST + Should Prosecutors Be BANNED From Using RAP LYRICS cover

Live Nation BREAKUP LOOMS + Is the term SCALPER kind of RACIST + Should Prosecutors Be BANNED From Using RAP LYRICS

In this episode of the Decibel and Docket podcast, veteran music business journalist Dave Brooks and attorney Michael Seville tackle two of the most controversial issues shaping the live entertainment industry today: the future of Live Nation and Ticketmaster amid ongoing antitrust litigation, and the growing debate over the use of rap lyrics as evidence in criminal prosecutions. The episode also dives into the heated conversation surrounding the term “ticket scalping,” examining whether the phrase should be retired because of its negative and potentially offensive historical connotations. Brooks and Seville explore why many ticket brokers and secondary market sellers prefer terms like “ticket reseller” or “ticket broker” over “ticket scalper,” which carries decades of negative baggage tied to shady parking lot ticket deals, long lines outside record stores, and fan frustration over inflated prices. The hosts discuss the broader movement within the live entertainment industry to eliminate the term entirely. Brooks references research from music historian and former Billboard colleague Steve Knopper, who traced the origins of the term “ticket scalping” back to the railroad industry in the 1850s. According to historical accounts, the phrase originally described railway ticket speculators who profited by reselling unused portions of long-distance train tickets. The podcast examines how the meaning evolved into modern ticket resale culture and why many people still associate the term with unethical business practices and anti-consumer behavior. Seville argues that regardless of the word’s true origin, public perception matters, and industries should be willing to adapt language that may be harmful or offensive. The conversation then shifts into one of the biggest legal stories in the music business: the ongoing antitrust battle involving Live Nation and Ticketmaster. Brooks and Seville break down the latest developments in the remedies phase of the case following a major jury finding that Live Nation engaged in monopolistic practices within the live entertainment ecosystem. The hosts analyze the significance of a recent scheduling hearing, where the judge indicated that the states pursuing the lawsuit will be allowed to continue discovery into Live Nation’s business practices. Seville explains the legal meaning behind Rule 50 and Rule 59 motions, which are often used by defendants to challenge jury verdicts or request new trials. He details why Live Nation’s efforts to delay discovery may signal deeper concerns about the possibility of more aggressive remedies being imposed by the court, including the potential breakup or divestiture of parts of the company. The hosts discuss whether the current Department of Justice settlement — which includes venue divestitures, refund pools for fans, and operational reforms — will ultimately satisfy the court or whether state attorneys general will continue pushing for stronger antitrust remedies. Brooks argues that Ticketmaster has become one of the most toxic consumer-facing brands in America and suggests that Live Nation may eventually need to completely rebrand or restructure parts of its ticketing operation to survive mounting political and legal pressure. In the second half of the podcast, Brooks and Seville examine a newly signed Maryland law that limits how prosecutors can use rap lyrics as evidence in criminal trials. The hosts discuss how prosecutors have historically relied on rap lyrics to establish criminal intent or connect defendants to alleged gang activity, often raising concerns about racial bias, artistic freedom, and free speech protections. Seville explains that the Maryland law does not ban the use of rap lyrics entirely, but instead forces prosecutors to demonstrate that the lyrics have genuine evidentiary value before they can be introduced in court.

15. maj 2026 - 48 min
episode The Curious Case of Clavicular: How Much Trouble is the Looksmaxxing Influencer In? + Thomas Cussins On How Spotify Could Do More to Stop AI Piracy (Ep17) cover

The Curious Case of Clavicular: How Much Trouble is the Looksmaxxing Influencer In? + Thomas Cussins On How Spotify Could Do More to Stop AI Piracy (Ep17)

The latest episode of the Decibel & Docket Podcast dives deep into the biggest stories shaping the live entertainment business, music industry economics, AI copyright battles, concert ticket pricing, influencer culture, and the future of streaming platforms. Hosted by veteran music journalist Dave Brooks and entertainment attorney Michael Seville, this episode blends sharp industry analysis, legal insight, and dark humor into one of the most compelling conversations yet for fans of the concert business, music law, and digital media culture. The show opens with a discussion about the viral phrase “Blue Dot Fever,” coined to describe what happens when concerts fail to sell enough tickets and unsold seats flood ticket maps with blue dots on platforms like Ticketmaster. Dave and Michael break down the growing crisis in live entertainment as major artists including Post Malone and Jelly Roll pull back stadium tour dates amid soft ticket sales, rising production costs, and growing consumer frustration over dynamic pricing. The hosts examine why concert ticket prices, sports events, the FIFA World Cup 2026, and the 2028 Summer Olympics are becoming increasingly unaffordable for average fans and families. From stadium tours to NBA games and World Cup matches, the episode explores whether the entertainment industry has finally reached a pricing breaking point. If you follow debates around Ticketmaster, Live Nation, dynamic pricing, or the future of live events, this conversation is essential listening. The episode then pivots into one of the strangest and most disturbing legal stories currently unfolding online: the lawsuit involving controversial livestream personality Clavicular. Dave and Michael unpack the civil allegations against the influencer, the legal exposure facing livestream creators, and what the case could mean for platforms like Kick and Twitch as livestream culture increasingly collides with real-world legal consequences. The hosts discuss influencer liability, criminal exposure, consent laws, online fame, and the growing influence of livestream creators on younger audiences. The conversation also explores how platforms funded by gambling and viral engagement incentives may be creating dangerous environments where extreme behavior is rewarded with clicks and monetization. One of the episode’s biggest highlights is an exclusive interview with Thomas Cussen of Ineffable Music about a groundbreaking AI music copyright controversy involving reggae artist Stick Figure. Thomas explains how an AI-generated remix of the song “Angels Above Me” exploded across TikTok, Spotify, and streaming platforms without proper attribution or compensation to the original creators. The discussion provides a rare inside look at how AI-generated music is disrupting streaming economics, copyright enforcement, royalty systems, and artist careers in real time. The episode tackles urgent questions facing the music industry: * How are AI-generated songs bypassing platform safeguards? * Can streaming services stop fake uploads and derivative remixes? * What happens when AI versions of songs go viral before original artists benefit? * Is the future of Spotify and TikTok being flooded with synthetic music? * Can independent artists survive in an era where AI-generated content makes up nearly half of all new uploads? Thomas also breaks down the growing debate around user-centric royalty models versus the traditional pro-rata streaming system currently used by Spotify and other DSPs. For anyone interested in AI music, copyright law, artist compensation, streaming royalties, TikTok virality, or the future of the music business, this interview is packed with insight. Topics covered include: * Blue Dot Fever and weak concert ticket sales * Post Malone tour cancellations * Dynamic pricing and Ticketmaster backlash * FIFA World Cup ticket prices * Olympic ticket inflation * AI-generated music and copyright theft * TikTok music virality * Spotify royalty systems

8. maj 2026 - 40 min
episode Live Nation & Ticketmaster Breakup? Dave and Mike Talk About Antitrust Penalties Phase + California Lawmakers Weigh Ticket Resale Cap Crackdown (Ep16) cover

Live Nation & Ticketmaster Breakup? Dave and Mike Talk About Antitrust Penalties Phase + California Lawmakers Weigh Ticket Resale Cap Crackdown (Ep16)

In this in-depth episode of the Decibel & Docket Podcast, veteran music journalist Dave Brooks and entertainment attorney Michael Seville break down one of the most consequential moments in the modern concert industry: the jury verdict finding Live Nation liable for monopolistic practices. With the trial phase complete, the conversation shifts into what may be an even more critical stage—the post-verdict battle that could reshape the future of live entertainment, ticketing, and competition in the music business. Kicking off the episode, Seville offers a firsthand legal perspective from inside the courtroom trenches, explaining why the verdict didn’t come as a surprise and how the states’ decision to push forward—despite a federal settlement attempt—ultimately paid off. The hosts unpack how juries interpret complex antitrust cases, including the importance of circumstantial evidence, internal communications like executive phone calls and Slack messages, and the strategic storytelling that helped the plaintiffs build a compelling narrative against Live Nation. From there, the discussion turns to what happens after a verdict in a high-stakes antitrust case. Contrary to popular belief, a jury decision is far from the end. Brooks and Seville explain the intricate “post-trial dance,” including motions to overturn the verdict, challenges to expert testimony, and the looming threat of appeals. The episode dives into how both sides—plaintiffs and defense—are now maneuvering to either maximize damages and structural remedies or minimize the long-term impact of the ruling. A key focal point is the legal tug-of-war over timing: Should the court prioritize reviewing the Department of Justice settlement under the Tunney Act, or move forward simultaneously with the states’ push for more aggressive remedies, including a potential breakup of Live Nation and Ticketmaster? This procedural question carries enormous implications, and the hosts explain how the judge’s upcoming scheduling decisions could signal the ultimate direction of the case. Listeners will gain insight into how damages could be calculated—potentially based on a per-ticket overcharge—and why discovery into total ticket sales volume is so critical. The episode also explores what “structural remedies” might look like in practice, from divestiture scenarios to alternative proposals Live Nation might introduce to avoid being broken up. In the second half of the show, the focus shifts from the courtroom to the California State Capitol, where Assembly Bill 1720—also known as the “Fan First Act”—could dramatically alter the ticket resale market. The proposed legislation would cap resale prices at just 10% above face value, a move that could effectively eliminate traditional ticket scalping in one of the world’s largest concert markets. Brooks and Seville analyze the potential consequences of such a law, including whether it could push ticket resale into unregulated black markets, increase fraud, or fundamentally change how fans access live events. Drawing comparisons to similar laws in the UK and Canada, the hosts weigh the political realities of passing such legislation and whether it could survive inevitable legal challenges. The episode also tackles broader industry themes: the rise of bot-driven ticket buying, the growing role of hedge funds in the secondary market, and the increasing frustration among fans over inflated prices and deceptive resale practices. With California as a potential testing ground, the conversation highlights how government intervention may become inevitable if the industry fails to regulate itself. Blending legal analysis with insider reporting, this episode of Decibel & Docket offers a comprehensive look at the forces shaping the future of live music—from federal antitrust enforcement to state-level consumer protection laws. Whether you’re an artist, promoter or fan, this is essential listening for understanding where the concert business is headed.

1. maj 2026 - 45 min
episode The Case For Breaking Up Live Nation & Ticketmaster, Cornell Lawyer Explains + Coachella's Lawyer Jason Bernstein Talks Practicing Law for AEG (EP 15) cover

The Case For Breaking Up Live Nation & Ticketmaster, Cornell Lawyer Explains + Coachella's Lawyer Jason Bernstein Talks Practicing Law for AEG (EP 15)

Decibel & Docket Podcast: Live Nation Verdict, Antitrust Showdown & Coachella’s Legal Playbook In this episode of Decibel & Docket, host Dave Brooks delivers a deep dive into one of the most important legal battles shaping the modern live entertainment industry: the antitrust case against Live Nation and Ticketmaster. With expert commentary and insider insights, this episode unpacks the trial’s outcome, what happens next in the remedies phase, and why the possibility of breaking up one of the most powerful companies in live music is now a serious consideration. Legal scholar and economist Eric Hovenkamp of Cornell University joins the podcast to analyze the government’s case and explain why the verdict came down in favor of the plaintiffs. He breaks down the structural issues at the heart of the case, including Ticketmaster’s exclusive venue agreements and the broader market power created by the Live Nation–Ticketmaster merger. Hovenkamp also explores the limitations of past behavioral remedies, arguing that previous attempts to regulate the company’s conduct failed to prevent anti-competitive behavior—making stronger action, including a potential divestiture, more likely this time around. The conversation also looks ahead to the remedies phase, where the court will determine how to address the violations. Hovenkamp explains the difference between behavioral remedies—such as restrictions on business practices—and structural remedies like a corporate breakup. He discusses why courts are often cautious about breakups, but notes that this case may be uniquely suited for one, given the relatively recent merger and evidence that earlier safeguards did not work. The discussion also touches on how increased competition could impact ticket prices, fee transparency, and overall consumer experience in the live music marketplace. In the second half of the episode, AEG Presents executive and Coachella attorney Jason Bernstein provides a fascinating behind-the-scenes look at the legal and business mechanics of the global touring industry. Bernstein shares his unconventional path from concert promoter to in-house counsel and offers detailed insight into how major festivals like Coachella protect their intellectual property. From trademark enforcement to preventing unauthorized use of festival branding, he explains how AEG maintains control over one of the most valuable brands in live entertainment. Bernstein also dives into the complexities of global touring deals, including how promoters structure multi-territory agreements, manage financial risk, and navigate relationships with artists, agents, and managers. He discusses the realities of large upfront payments, the safeguards used to protect investments, and why trust and reputation remain critical in an industry built on long-term partnerships. The conversation highlights how different types of deals—from venue agreements to artist contracts—vary in complexity depending on the parties involved and their familiarity with the business. Additional insights in this episode include: * Why the Live Nation verdict could reshape the concert industry * How exclusive ticketing agreements influence competition * The role of antitrust enforcement in lowering ticket costs and improving transparency * How Coachella defends its trademarks and prevents brand dilution * The inner workings of global touring contracts and artist advances Whether you’re a music industry professional, legal expert, or an engaged fan curious about how concerts and festivals operate behind the scenes, this episode offers a comprehensive and accessible look at the forces driving change in live entertainment. With a mix of legal analysis and real-world experience, Decibel & Docket continues to explore the intersection of music, law, and business at the highest level. Subscribe to Decibel & Docket for more in-depth conversations on the legal and economic issues shaping the future of live music.

24. apr. 2026 - 1 h 7 min
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