Visitor Publish: Distinctiveness because the Bedrock of Trademark Rights: An Indian Perspective with Case Examine Insights

Visitor Publish: Distinctiveness because the Bedrock of Trademark Rights: An Indian Perspective with Case Examine Insights

by | May 17, 2025 | Entertainment Law, Music Business, Podcast News


About Authors:

1. Ankith Kumar, specialised in IPR, is a practising advocate at Eshwars and Madras Excessive Court docket

2. Harshita Jain, specialised in IPR and Expertise Regulation, is a working towards company lawyer at Consultancy & Advisory agency.

 

INTRODUCTION

A particular mark is a trademark that possesses distinctive traits, enabling it to be simply recognized and distinguished from others within the market. In authorized phrases, distinctiveness refers to a trademark’s potential to point the supply of a services or products relatively than merely describing it. The stronger the distinctiveness of a mark, the higher its authorized safety and enforceability. Trademark registration authorities, such because the Indian Trademark Registry, the US Patent and Trademark Workplace (USPTO), and the European Union Mental Property Workplace (EUIPO), usually deny safety to marks which might be overly generic or descriptive.

Distinctive marks play a vital function in trademark registration by guaranteeing authorized safety, model recognition, market differentiation, and long-term enterprise worth. They safeguard manufacturers from unauthorized use by rivals, reinforcing exclusivity and authorized standing. A powerful trademark establishes a singular model identification, permitting customers to simply acknowledge and affiliate it with a particular enterprise or product. By setting a model aside within the market, a particular mark minimizes confusion and enhances client belief, offering a aggressive edge. Over time, a well-established trademark turns into a useful mental property asset, contributing to enterprise development and market positioning.

A particular mark differs from generic or descriptive phrases that merely describe a product. It falls into three principal classes: (a) Fanciful Marks (e.g., “Xerox” for photocopiers) – invented phrases with no prior which means; (b) Arbitrary Marks (e.g., “Apple” for computer systems) – widespread phrases utilized in an unrelated trade; and (c) Suggestive Marks (e.g., “Netflix” for streaming providers) – phrases that not directly recommend the character of the services or products. The extra distinctive and distinctive a mark is, the stronger its authorized safety, guaranteeing model exclusivity and recognition.

Distinctiveness is taken into account as sine qua non, for a trademark to get safety worldwide. And in latest occasions, it has been positioned in a higher reliance in several Jurisdictions. Therefore, this paper ventures all of the attainable alternatives to make this determinant of Distinctiveness a extra of goal and a seamless course of when going by means of the registration course of inside Indian context. Continuing additional, with the intention to take into account a mark as distinctive sufficient from that of others, it isn’t an instantaneous course of therefore, it entails numerous elements under talked about that come into play with the intention to get the mark registered based mostly on its distinct nature.[1]

CASE STUDY

  1. In Below Armour, Inc. v. Anish Agarwal & An (2024)[2], the Delhi Excessive Court docket, by means of Justice Anish Dayal, handled a pivotal challenge surrounding trademark distinctiveness and the monopolization of widespread components in composite marks. The plaintiff, Below Armour—a well-established American sportswear model—claimed that the defendant’s use of “AERO ARMOUR” and the abbreviation “ARMR” amounted to infringement, citing similarity within the dominant part “ARMOUR.” The defendant, an aeronautical pilot, had created a military-inspired clothes model named “AERO ARMOUR.” The counsel for defendant argued that the adoption was bona fide and based mostly on his skilled expertise and inventive independence. The counsel additionally relied on Part 17[i] of the Trademark Act, 1999 and laid down that registration shall confer on the proprietor unique proper to using the trademark taken as a complete.

Justice Dayal famous that the plaintiff couldn’t declare exclusivity over the descriptive or non-distinctive time period “ARMOUR,” particularly with out standalone registration of that given phrase ingredient. The Judgement additionally laid down a number of elements for evaluation of Trademark Confusion, although it has been propounded by a number of different judgements, but it surely had tried to categorize them into intelligible, thematic silos comparable to i) power of marks ii) Similarity between marks iii) Proximity of products and providers iv) Risk of Confusion v) Nature of client vi) Intent vii) Conduct of the Events. It additionally reasoned out that there might be no ‘Preliminary Curiosity Confusion’ because the machine mark adopted by each the events listed here are structurally totally different from one another therefore, there isn’t a such malicious try by the Defendants to repeat the Plaintiff’s mark. The Court docket emphasised that the trademark have to be examined as a complete, and “AERO ARMOUR” was sufficiently distinguishable by means of an individual of common intelligence from “UNDER ARMOUR” when seen in its entirety, and the phrase ‘ARMOUR’ will not be the dominant a part of the Plaintiff’s adopted mark. Due to this fact, it bolstered two key ideas in Indian trademark regulation: (1) The need of assessing composite marks holistically, and (2) That monopoly over widespread dictionary phrases within the attire sector will not be tenable with out acquired distinctiveness and thus can not exclude all attainable manufacturers which has ‘ARMOUR’ in it. The judgment additionally famous that the defendant’s enterprise line, goal market, design theme, and branding strategy have been clearly distinguishable from that of the plaintiff. Importantly, the Court docket discovered no mala fide intent within the adoption of the identify “AERO ARMOUR,” or “ARMR” and held that the model had been conceived independently and with due creativity. The Court docket denied the injunction and highlighted the necessity to protect area for reputable, inventive entrants in the market.

  1. Equally, within the case of Penta Safety Programs Inc. v. Apple Inc[3] Apple Inc. opposed Penta Safety Programs Inc.’s utility to register the trademark “WAPPLES”, arguing that it might probably trigger confusion with Apple’s well-established “APPLE” trademark. Penta Safety Programs Inc., a South Korean firm specializing in net and information safety options, had launched its “WAPPLES” safety merchandise in 2005 and launched them to the Singaporean market in 2010. Apple contended that the “WAPPLES” mark was much like its personal and opposed its registration on a number of grounds below the Singapore Commerce Marks Act.. After an intensive examination, IPOS dismissed Apple’s opposition and allowed the “WAPPLES” mark to proceed to registration. The ruling emphasised that “WAPPLES” and “APPLE” differed considerably in visible, aural, and conceptual features, because the addition of the letters “W” and “S” created a definite total impression. IPOS additionally discovered no chance of client confusion, given the contextual variations between the 2 manufacturers and their respective enterprise verticals. Moreover, there was no proof of dangerous religion, as Apple didn’t show that Penta Safety Programs utilized for the trademark with dishonest intentions or to take advantage of Apple’s model repute and goodwill. This ruling underscore the significance of evaluating trademark disputes based mostly on the general impression of the marks and their particular use within the market, relatively than solely counting on superficial similarities.

The battle of Distinctiveness and Fame elaborate how each the phrases collude with one another inside the ambit of Trademark Regulation globally with numerous evaluation and elements[4]. There appears to be a thumping loss for the tech big Apple, the place it suffered an opposition loss to the “WAPPLES” as each are completely working within the totally different fields of the Expertise Trade Thus, Penta Safety trademark utility was allowed to proceed for the registration based mostly on its distinctiveness and contextual dissimilarity.

LEGAL PRINCIPLES & INDIAN JURISPRUDENCE ON DISTINCTIVENESS

Distinctiveness is evaluated below each inherent and bought parameters. Indian courts and the Indian Logos Registry consider the next elements:

  1. Period and Extent of Use: There is no such thing as a statutorily outlined timeframe for a mark to amass distinctiveness. As held in numerous Excessive Court docket choices, a shorter interval of use can suffice if accompanied by robust promoting, client engagement, and uniqueness. Conversely, even extended use could not lead to distinctiveness if the mark stays generic or descriptive.
  2. Geographical Attain and Shopper Affiliation: Distinctiveness is judged by means of client notion, not merely the proprietor’s intent. In ITC Ltd. v. Nestle India Ltd[5]., the Delhi Excessive Court docket emphasised that public notion is paramount. A mark’s affiliation with particular items/providers and the chance of confusion among the many public are determinative.
  3. Promoting and Publicity: Promoting expenditure, although related, will not be conclusive. It have to be correlated with client recognition and gross sales efficiency. Excessive advert spend with out demonstrable market penetration is not going to help a declare of acquired distinctiveness.

Public affiliation with a mark is essential, however repute alone doesn’t set up distinctiveness. A holistic client survey can present useful perception into acquired distinctiveness. Shopper Survey[6]: A key consider figuring out whether or not customers affiliate particular items/providers with a mark. It displays client notion of a product, identify, or idea. Whereas Indian courts typically don’t depend on such surveys, judges have, at occasions, thought-about them helpful for representing a market cross-section, assessing statistical relevance, and establishing secondary which means past mere repute and thus it was established by the above cited circumstances that no dominance or statutory proper could be claimed over the mark ‘APPLE’ and ‘ARMOUR and it extra past the repute i.e. its distinct identification. This was significantly mentioned in Ayushakti Ayurved Pvt. Ltd. Vs. Hindustan Lever Ltd[7]. Merely contemplating the repute of a given mark can not give them the standing of acquired distinctiveness. Due to this fact, in absence of a discernible good mannequin, the surveys are thought-about to be the closest to find out whether or not there exists a way of confusion if an identical mark is registered which could be phonetically totally different from the already registered mark.

CONCLUSION

This text has envisaged Distinctiveness as an necessary threshold for a Trademark utility to be thought-about for registration over the repute and different elements. From a doctrinal perspective, it’s crucial for a trademark to be distinct sufficient from different cited mark, but to fulfill the part for distinctiveness there isn’t a uniform or coherent take a look at for evaluating the identical part for the phrase mark/picture marks.  Thus, it’s crucial to find out correct indicators for the ingredient of distinctiveness. Due to this fact, diving into the subjective notion of client notion which is taken into account as far simplest issue to be thought-about by the Courts until now. Therefore, relying onto the repute of an organization to find out its distinctiveness doesn’t stand upfront whereas Knowledge Assortment and the road of enterprise would even be thought-about within the evolving world. The widespread use of this technique is believable with energetic encouragement from the judiciary and to make it as a norm relatively than an exception. There nonetheless exists a deep fog inside the Trademark Regulation with respect to distinctiveness, which must be cleared contemplating the general impression of a mark relatively than relying onto sure elements, which could be detrimental to the curiosity of the brand new registrants.

REFERENCES:

[1] 92 N.Y.U. L. Rev. 1339 (2017) The Scope of Sturdy Marks: Ought to Trademark Regulation Shield the Sturdy Greater than the Weak

[2] CS(COMM) 843/2023

[3] (2024) SGIPOS 10 https://www.ipos.gov.sg/docs/default-source/resources-library/hearings-and-mediation/legal-decisions/2024/apple-v-penta-security-2024-sgipos-10.pdf

[4] Dustin Marlan, ‘Visible Metaphor and Trademark Distinctiveness’ (2018) 93 Wash L Rev 767. www.Heinonline.org

[5] MANU/TN/6089/2020

[6] Robert C. Chicken, Streamlining Shopper Survey Evaluation: An Examination of the Idea of Universe in Shopper Surveys Supplied in Mental Property Litigation, 88 TRADEMARK REP. 269, 270 (1998).

[7] 2004 (28) PTC 59 (Bom.) (India)

[i] The Logos Act, 1999

Flame Devices Mäander-M, wavetable synth with analog filterbank returns as a module: first look

Flame Devices Mäander-M, wavetable synth with analog filterbank returns as a module: first look

by | May 17, 2025 | Film Music, Music Technology


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Superbooth 2025: Flame Devices Mäander-M wavetable synth with analog filterbank and sequencer returns as a Eurorack module.

The Mäander from Berlin-based Flame Devices is or was a particular desktop Synthesizer. It mixed wavetable synthesis with an analog filterbank as an engine and provided a sequencer. A later replace added an FM engine and extra wavetables. However then the Mäander was discontinued in desktop type.

Excellent news: For Superbooth 2025, Flame Devices revives the Mäander synth as a Eurorack synth voice, known as Mäander-M.

Flame Devices Mäander-M

Mäander-M takes the sound engine of the unique Mäander desktop synth and packs it right into a Eurorack module. 

The core consists of varied sound sources fed into an analog filterbank and managed with a sequencer. They embody a polyphonic wavetable and FM oscillator, an analog white noise generator, and an exterior audio enter.

Like the unique desktop, it has 4-voice polyphony and gives unison modes and controls, resembling shade and glide.

The filterbank is once more totally analog, has 12 channels, and gives eight totally different morphing varieties: lowpass, LP/BP, LP/HP, highpass, three band move modes, and notch. Particular person faders can be found for the bands to regulate the filter financial institution. Just like the desktop unit, it might probably course of exterior audio.

Two multi-wave LFOs with three modes (retrigger, 1-shot, sync) and ADSR envelopes function modulation sources. A VCA can be onboard. 

Sequencer

Additional, Flame Devices Mäander-M hosts a sequencer with one polyphonic be aware observe (Mäander desktop) with as much as 4 chords and 14 mono tracks for the audio enter, the white noise supply, and every filter channel. 

Patterns may be created and saved as patches, and performed stay with ease. The built-in arpeggiator and keyboard scaler make the Flame Devices MÄANDER-M a robust software for stay jamming and generative sequencing. Updates, patch administration, and wavetable loading are dealt with conveniently by way of MIDI SysEx..

New within the Eurorack model is a direct oscillator output, stereo noise output, and stereo audio enter. Mäander comes totally mounted in a powered 56HP picket skiff to get began straight away.

First Impression

The Mäander synth was a really distinctive and particular curiosity synth. I all the time needed to attempt the Mäander, however then it disappeared. I’m joyful to see it’s coming again as a module.

Flame Devices Mäander-M availability and worth TBA. You’ll be able to discover the module at sales space B044 at Superbooth 2025.

Extra info right here: Flame Devices

Eurorack Information

Superbooth 25 Information



What Music Did Composers Select For Their Funerals?

What Music Did Composers Select For Their Funerals?

by | May 17, 2025 | Classic, Musical Industry


Music is all the time an necessary a part of any funeral service or memorial service.

The precise alternative of music pays tribute to the deceased’s tastes and supply consolation to the mourners left behind.

Have you ever ever questioned what music the nice composers had carried out at their funerals? At this time, we’re 4 fascinating composer funerals – and the music that was performed at every of them.

George Frederic Handel (1759)

Marble statue of Handel, 1738

In August 1751, sixty-six-year-old composer George Frederic Handel developed a cataract in a single eye. His imaginative and prescient started deteriorating, particularly after a process carried out by a quack surgeon.

By the next 12 months, he was completely blind and not capable of compose.

He died in 1759. Though he had been born in present-day Germany, he had turn into a star throughout his time in England. Accordingly, he was granted the privilege of a state funeral at Westminster Abbey.

He died on 14 April, and his funeral was held on 20 April. The Bishop of Rochester officiated, and over three thousand mourners attended.

Three choirs collaborated on a efficiency of Funeral Sentences by composer and organist William Croft.

These works have been carried out at many well-known British funerals since, together with Winston Churchhill’s, Princess Diana’s, and Queen Elizabeth II’s.

Croft & Purcell: ‘Funeral Sentences’ State Funeral of HM Queen Elizabeth II

Wolfgang Amadeus Mozart (1791)

Historians disagree about the reason for Mozart’s loss of life and the size of his well being decline throughout the autumn of 1791.

Nonetheless, it’s recognized that by 20 November, he was bedridden, in ache, and vomiting.

He died on 5 December at his dwelling, somewhat after midnight. The Requiem he was engaged on was left unfinished.

Mozart’s funeral was deliberate by his good friend and patron Baron Gottfried van Swieten. It befell on 10 December on the parish of St. Michael in Vienna.

A portion of his unfinished Requiem was performed on the service. The one motion that Mozart had accomplished and that was prepared for efficiency was the opening “Requiem aeternam” from the Introitus part.

Mozart: Requiem – 1. Introitus – Requiem Aeternam – London Philharmonic Orchestra

Scores for just a few extra actions based mostly on sketches had been rapidly rounded out by Mozart’s pupil Franz Jacob Freystädtler, who accomplished the unfinished parts of the remaining actions, such because the Lacrymosa, Sanctus, and Benedictus.

Completion of the opposite actions was later tackled by one other Mozart pupil named Franz Xaver Süßmayr.

The musicians who carried out at Mozart’s funeral volunteered their providers to pay tribute to their useless colleague.

Study extra about Mozart’s funeral.

Ludwig van Beethoven (1827)

By the point of his loss of life in 1827, Beethoven’s well being had been deteriorating for years.

In fact, his deafness was his most well-known well being criticism, however he additionally struggled with liver failure, pneumonia, and alcohol habit.

He died within the early night of March 26.

The funeral was a large occasion. It’s estimated that between 10,000 and 30,000 mourners lined up on the encircling streets to pay tribute, or no less than catch a glimpse of him.

His pallbearers included composer Johann Nepomuk Hummel, piano pedagogue Carl Czerny, and composer Franz Schubert.

Beethoven had not left particular directions about what music he needed to have carried out at his funeral. Conductor and composer Ignaz von Seyfried took on the accountability of offering music for the occasion.

Seyfried picked out two of Beethoven’s Three Equals, works for trombone ensemble that had been commissioned for All Souls’ Day in 1812. Seyfried rearranged them to incorporate a males’s refrain.

Beethoven: Drei Equali carried out by Southeast Trombone Symposium college

Subsequent he organized the third motion of Beethoven’s Piano Sonata No. 12, a funeral march, once more for trombone and males’s refrain.

Beethoven: Sonata No. 12 in A-flat Main, Op. 26 third Motion “Funeral March”

He additionally carried out a “Chorale of the Brethren of Charity” from incidental music for Wilhelm Inform by now-forgotten composer Bernhard Anselm Weber.

To wrap it up, Seyfried supplied his personal “Libera me”, which quoted Mozart’s Requiem.

The larger musical tribute got here just a few days later after the funeral correct at a commemorative efficiency. There your complete Mozart Requiem was carried out in full.

Study extra about Beethoven’s funeral.

Frédéric Chopin (1849)

Pianist and composer Frédéric Chopin had endured extreme continual sickness all through his grownup life.

Nonetheless, throughout the 1840s, it turned clear that his tuberculosis an infection was doubtless going to kill him.

In 1842, he wrote to a good friend that he was so sore and fatigued that he was mendacity in mattress for the day.

On 15 October 1849, it turned clear that the top was lastly close to. Musical guests got here and carried out for him to supply consolation. He lastly died on 17 October.

The funeral befell on 30 October. Chopin’s fame was such that tickets needed to be printed for the occasion. Hundreds of individuals got here from round Europe to pay tribute, however solely 4 thousand ticketed mourners had been allowed into the Church of the Madeleine.

The music had been fastidiously chosen by Chopin himself and included Mozart’s Requiem. The archbishop himself needed to problem particular dispensation to permit girls singers to sing in church, so long as they carried out behind a black curtain.

Mozart : Requiem in D Ok. 626

Different musical choices included organ preparations of his fourth and sixth piano preludes, in addition to the funeral march from his Piano Sonata No. 2.

Chopin: Prelude in E minor Op. 28 No. 4

Chopin: Prelude B minor, Op 28, No 6. carried out by Stephen Worth

Chopin – Funeral March – Arr for Organ -Sonata, Op. 35

Study extra about Chopin’s funeral.

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Andrea Jin and Michael Lenoci: Lengthy Time No See: The Podcast

Andrea Jin and Michael Lenoci: Lengthy Time No See: The Podcast

by | May 10, 2025 | Entertainment Law, Music Business, Podcast News

Pay attention by way of: Apple Podcasts | Spotify | Amazon Music | Extra Platforms

Two comedians who each occur to have been named New Faces at Only for Laughs meet for the very first time on Lengthy Time No See: The Podcast. Take heed to Andrea Jin (Digman!, Juno Award winner for Grandma’s Woman) and Michael Lenoci (Village Idiots podcast) get to know one another above or wherever you get your podcasts, or take a look at the total video beneath.

After making some intros and feeling one another out, the pair chat about persona quirks, ineffective skills (Lenoci is actually good at making you assume somebody’s behind you), and the absurdity of crystal outlets. Additionally they share petty hills they’d die on, with Lenoci standing agency on consuming rice with a spoon, and Jin advocating for canines in supermarkets and eating places. “I really like children, however they’re soiled as effectively,” she argues. “I’ve by no means met a child with clear arms.”

Additionally they joke about dream comedy payments, and groan about their greatest bombs. Lenoci recollects a very exhausting night time in Dublin, Eire the place jokes about God and abortions didn’t go over with the conservative Catholic crowd. However his greatest mistake was cracking clever about their Guinness: “I used to be strolling round Dublin and it was like a Simpsons episode: all people’s consuming Guinness… I’m going, ‘Is that this a bit? That might be like going to America they usually’re all consuming Bud Gentle. Guys, you recognize there are different beers, chill out.’ They usually had been like, ‘No, fuck you.’”

Take heed to Andrea Jin and Michael Lenoci on Lengthy Time No See: The Podcast above, and/or watch video of the total episode beneath. Be certain that to comply with the present wherever you get your podcasts, and provides us a assessment on Apple Podcasts or wherever you hear to indicate your assist of the present.

Lengthy Time No See: The Podcast comes from Wes Brumbaugh and Jack Fink’s Lengthy Time No See Comedy showcase sequence. The podcast was created in partnership with and is introduced by Consequence Podcast Community and Los Angeles’ Gold-Diggers, which not too long ago launched the Gold-Diggers Media manufacturing entity.

L-Acoustics Drops Immersive Music Tech for DJs

L-Acoustics Drops Immersive Music Tech for DJs

by | May 10, 2025 | Film Music, Music Technology


L-Acoustics DJ is a brand new providing meant to show conventional stereo DJ setups into immersive spatial audio experiences.

Max Cooper carried out on the L-Acoustics Keynote 2025 utilizing L-Acoustics DJ, an answer meant to rework stereo into a real spatial audio expertise. Photograph: Maria Zhytnikova.

London, U.Okay. (Might 8, 2025)—At its London keynote yesterday, L-Acoustics launched plenty of options, launching the LA1.16i set up amplifier and Soundvision Join cloud-based 3D sound modeling software program, however the spotlight for a lot of attendees was the debut of L-Acoustics DJ, a brand new providing meant to show conventional stereo DJ setups into immersive spatial audio experiences.

Key to the answer is the corporate’s proprietary Supply Separate know-how, a low-latency, machine learning-powered know-how for separating stereo music into a number of discrete stems, reside. The ensuing multi-channel stems are routed straight right into a spatial combine engine, enabling rapid positioning and motion all through the venue. The know-how works with each digital and analog DJ methods, so DJs can use their present gear and would not have to vary their workflows or mixing strategies. As a substitute, DJs can management the immersive expertise themselves or work with a devoted spatial audio engineer.

L-Acoustics, d&b Launch Milan Supervisor V2, Web site

As could be anticipated, L-Acoustics DJ ties into different choices from the corporate, together with L-Acoustics loudspeakers, amplified controllers, L-ISA Processor II and the P1 networked audio processor. L-Acoustics DJ, nevertheless, makes use of purpose-built software program that includes an up to date L-ISA Controller with the L-Acoustics DJ App, LA Community Supervisor and Soundvision.

The DJ App was reportedly designed to be intuitive for novice customers who could not have in depth technical backgrounds, permitting them to place parts and stems inside and round a bodily house to construct sonic landscapes of beats, devices, vocals and extra. However whereas the system could attraction to a DJ’s inventive sensibilities, additionally it is meant to assist venues differentiate themselves within the ever-crowded nightlife milieu.

Underlining the know-how’s prospects, DJ Max Cooper carried out utilizing the answer on the Keynote. No pricing was introduced, however L-Acoustics DJ is predicted to ship in Fall, 2025.

Eulogy in Code: How deadmau5 Developed a Gaming Tribute to His Late Cat, Meowingtons

Eulogy in Code: How deadmau5 Developed a Gaming Tribute to His Late Cat, Meowingtons

by | May 10, 2025 | Classic, Musical Industry

Again in 2012 inside a Toronto penthouse, a home shorthair cat as soon as gazed out over Yonge–Dundas Sq., his personal face beaming again at him in LED glory from a billboard beneath. “Do you even fucking know? Do you care?” Joel Zimmerman, higher referred to as deadmau5, remembers asking him of the large album advert that includes his face.

The cat did not. Typical.

However in true deadmau5 vogue, the place innovation meets self-deprecation, Meowingtons’ indifference did not cease him from turning into a muse. And now, posthumously, a playable one.

Zimmerman has unveiled Meowingtons Simulator, a tribute to his late companion, who sadly handed away in August 2023. Developed below his newly launched Oberha5li Studios banner and powered by Epic Video games’ Unreal Engine, it is a rhythm-based rag doll sport the place gamers management a digitized, dancing Meowingtons in a digital nightclub.

“Meowingtons was principally a rag doll in actual life,” Zimmerman tells EDM.com. “You’d choose him up and he’d simply flop. You may make him dance and he was simply cool with it, which was actually humorous.”

A well-known 1935 thought experiment by the theoretical physicist Erwin Schrödinger illustrated the oddity of quantum mechanics by imagining a cat in a sealed field that’s concurrently alive and lifeless till somebody observes it. Like Schrödinger’s cat, Meowingtons now exists in its personal quantum state of parody and poignancy.

However do not mistake Meowingtons Simulator for remedy in disguise. Whereas it does operate as a form of eulogy in code, it is extra so a seedbed for Zimmerman’s huge ambitions together with his new sport improvement studio.

“It isn’t a grief course of or coping mechanism,” he insists. “Meowingtons lived to be 16. That is fairly alright, so it is not like ‘woe is me.’ I processed it in a day, perhaps two. It occurs.”

Ever since Zimmerman received into sport improvement, he says, he is been studying about rag doll physics in Unreal Engine. Considered one of his earliest experiments was constructing a cat mannequin that behaved and regarded like his personal, the primary prototype of which was a low-poly kitty with no fur, flopping round with the grace of a drunk sock puppet.

When activated by the cue button, the cat transitions from procedural animation into rag doll mode, the place its actions are solely ruled by gravity and physics. Zimmerman compares the dynamics to an idea he admits is “actually darkish”: think about holding a dull cat by its head and tail, then watching it flop round as if it is “nodding to the beat.”

The sim’s rag doll physics create the phantasm of the cat dancing to the music, akin to a puppet’s actions, however with out exhibiting the strings. Zimmerman likens it to the unsettling realities behind the manufacturing of scorching canines: it really works, however it’s higher to not ask how.

The “Meowingtons Simulator” sport from Oberha5li Studios co-founders Joel Zimmerman (deadmau5) and Cameron Rockey.

Oberha5li Studios

It is the sort of factor that solely somebody who’s spent years in Unreal Engine boards and nerding out over real-time audiovisual mechanics can respect. That keenness led him to fulfill Aaron McLeran and Max Hayes, Epic Video games’ Lead Audio Programmer and Senior Audio Programmer, respectively. They labored on the bleeding-edge Quartz subsystem, a sample-accurate timing engine that syncs audio with precision far past commonplace body charges.

Zimmerman emphasizes the necessity for hyper-precise synchronization between audio and visible components to keep away from lag in sport engines, the place even minuscule misalignments are noticeable. In most video games, he explains, visuals are rendered at a comparatively low fee of between 60 and 120 frames per second. Nonetheless, audio operates on a a lot finer timescale, at 48,000 samples per second, which suggests audio occasions can occur in sub-microsecond intervals.

This huge distinction, which he refers to as a “chasm,” makes it troublesome to tightly sync visible cues with particular audio samples, like a kick drum or snare hit. That is the place the processing of Quartz got here in.

Operating parallel to Unreal Engine, the tech, for which Zimmerman has a deep fascination, primarily acts as a dependable metronome for audio inside it. The system enabled him to cue visuals and gameplay occasions precisely in time with the music, even at unconventional tempos with pesky decimals like 128.6 BPM.

“So it is that expertise that actually drove me to [game creation] and discovering these totally different use circumstances,” he says. “Then it was a wedding of, let’s take my rag doll cat and fasten it to the port system so that each beat, the deal with would go up. And if I modified the BPM up and down, the cat would completely be in sync. And I believed, ‘That is humorous as hell. I ought to make a sport.'”

The “Meowingtons Simulator” sport from Oberha5li Studios co-founders Joel Zimmerman (deadmau5) and Cameron Rockey.

Oberha5li Studios

However this wasn’t nearly noodling with the physics of a noodle-legged cat. Regardless of the hilarity of all of it, Zimmerman realized early on {that a} floppy feline wasn’t fairly a sport. So he introduced in veteran programmer Cameron Rockey, who added multiplayer options, cosmetics and, maybe most crucially, a way of neighborhood.

“What are the little issues we will add to construct a neighborhood really feel?” Rockey remembers asking. Underneath his path, what started as a unusual, simplistic simulator rapidly developed right into a extra immersive, socially-driven expertise.

One of many first issues he did was replicate dance variables throughout gamers’ cats so everybody may jam out collectively, even when they have been listening to totally different tracks. “The cats within the nightclub are synchronized to your native music somewhat than us sharing the music,” Rockey explains. “So you might be hanging out collectively, however doing one thing totally different on the identical time.”

Rockey, who has over twenty years of dev expertise, then layered in leaderboards and a “mau5head builder” that lets gamers assemble customized deadmau5 helmets utilizing collectibles gathered across the map.

“We began including increasingly little options like that for the neighborhood to do and customise their expertise inside Meowingtons, however staying on-brand for deadmau5,” he says.

The mau5head builder within the “Meowingtons Simulator” sport.

Oberha5li Studios

Whereas the co-founders’ ardour for sport creation drives the mission ahead, its improvement course of stays refreshingly unpretentious at its core. Behind the increasing options and rising fan involvement lies a partnership unburdened by company sport improvement conventions—simply two avid creators following their instincts.

“Do not get me incorrect. I wish to assume I am fairly gifted, and I do know Cameron’s very gifted with sport design,” Zimmerman says. “However we’re simply two dudes fucking round on Discord and making a sport.”

That is underselling it. After fetching an estimated $55 million by Create Music Croup’s acquisition of his timeless music catalog, he says he has huge plans for Oberha5li Studios, which is shaping as much as be way more than a ardour mission.

“We’re at our first little factor and I anticipate rising this firm over the following couple of years,” Zimmerman says. “Perhaps two years from now, I will be 10 workers deep and we’ll have a much bigger, extra AAA-looking title on the go. So the ambition is excessive.”

Meowingtons Simulator is accessible now on Steam.

IPRMENTLAW Weekly Highlights (April 21-27, 2025)

IPRMENTLAW Weekly Highlights (April 21-27, 2025)

by | May 3, 2025 | Entertainment Law, Music Business, Podcast News


Supreme Courtroom Guidelines In opposition to PPL in Music Licensing Dispute with Azure Hospitality

Phonographic Efficiency Restricted (PPL) had issued a stop and desist discover to Azure Hospitality Non-public Restricted for exploiting its copyrighted works and not using a licence. After Azure did not comply, PPL filed a swimsuit looking for a everlasting injunction. The Delhi Excessive Courtroom initially granted an advert interim ex parte injunction, later confirmed by the Single Decide. Azure appealed, arguing that PPL, not being a registered copyright society, couldn’t difficulty licences beneath Part 33(1) of the Copyright Act. The Division Bench dominated in favour of Azure, discovering that PPL, having surrendered its registration and failed re-registration, couldn’t legally license sound recordings. The Courtroom had directed Azure to make funds based mostly on the tariff of Recorded Music Efficiency Restricted (RMPL), a registered copyright society, as an alternative of PPL.

PPL filed a Particular Go away Petition earlier than the Supreme Courtroom in opposition to the Division Bench’s judgment. The Supreme Courtroom issued discover within the SLP and ordered a keep on the route contained in paragraph 27 of the Division Bench’s judgment which has ordered Azure to make funds to PPL. The Courtroom clarified that the keep wouldn’t restore the order earlier given by the Single Decide. The matter stays pending earlier than the Supreme Courtroom.

Case Title: Phonographic Efficiency Restricted v. Azure Hospitality Non-public Restricted

Quotation: SLP No. 10977/2025

Learn our publish right here

You may entry the order right here.

Delhi Excessive Courtroom Orders AR Rahman and Makers of Ponniyin Selvan 2 to Deposit ₹2 Crore in Copyright Dispute

The Delhi Excessive Courtroom has directed music composer AR Rahman and the manufacturing firm Madras Talkies to deposit ₹2 crore in reference to a copyright lawsuit filed by singer Faiyaz Dagar. The case issues the alleged copying of the Junior Dagar Brothers’ classical rendition of “Shiv Stuti”, within the tune Veera Raja Veera from the movie Ponniyin Selvan 2. In an interim order dated April 25, 2025, Justice Prathiba M Singh noticed that from a listener’s perspective, Veera Raja Veera was “not simply impressed however is, in actual fact, similar” to Shiv Stuti.

The Courtroom additional ordered {that a} particular credit score slide acknowledging the contribution of the late Junior Dagar Brothers should be included in all OTT and on-line platforms the place the movie is obtainable. As well as, ₹2 lakh was granted to the household of the Junior Dagar Brothers in recognition of their contribution. The Courtroom held that the impugned tune was not merely based mostly on or impressed by the unique composition however was similar in its fundamental musical construction, with solely adjustments in lyrics and the addition of contemporary parts.

Case Title: Ustad Faiyaz Wasifuddin Dagar v. Mr. A R Rahman

Quotation: CS(COMM) 773/2023 and I.A.21148/2023

You may learn the order right here.

Recognition of Financial Instances, Starbucks, and NDTV, as Effectively-Recognized Emblems

The Mental Property Workplace has recognised Financial Instances as a widely known trademark following an software filed by its holding firm beneath Rule 124 of the Commerce Marks Guidelines, 2017. After reviewing the request and the paperwork submitted, the Registrar of Commerce Marks revealed the popularity within the Commerce Marks Journal. The notification additionally declared Starbucks, and NDTV, as well-known emblems.

Effectively-known emblems are granted a better diploma of authorized safety because of their broad recognition and fame among the many public. The regulation restricts the registration of later emblems the place an earlier trademark is well-known.

You may learn extra about it right here.

Complaints Filed In opposition to Anurag Kashyap Over Alleged Casteist Remarks; Filmmaker Points Apology

Filmmaker Anurag Kashyap is going through backlash over his alleged remarks in opposition to the Brahmin group, made whereas criticising the reported censorship of the upcoming movie Phule, a biopic on social reformer Jyotirao Phule. Following his social media posts, police complaints have been filed in opposition to him.

Amid the controversy, Kashyap issued an apology on Friday night time, clarifying that he was apologising not for his publish however for “that one line taken out of context” and expressing concern over rape and loss of life threats directed at his daughter, household, and colleagues. In his assertion, he stated, “That is my apology, not for my publish, however for that one line taken out of context and the brewing hatred… Brahmins, please spare the ladies — even the scriptures educate this a lot decency, not simply Manusmriti.” Kashyap maintained that he wouldn’t retract his authentic publish however requested that any criticism be directed at him alone.

You may learn extra about it right here.

Madras Excessive Courtroom Concludes Hearings on Problem to Tamil Nadu’s On-line Gaming Regulation

The Madras Excessive Courtroom Bench of Justices S.M. Subramaniam and Ok. Rajasekhar has concluded oral hearings within the case difficult the constitutionality of Tamil Nadu’s gaming regulation regulating on-line actual cash video games (RMG). Senior Counsel showing for on-line rummy platforms, argued that on-line rummy for stakes enjoys constitutional safety beneath Article 19(1)(g) and contended that the state’s five-hour curfew on gaming, necessary Aadhaar verification, and regulatory actions represent arbitrary and disproportionate restrictions. He additionally emphasised that the Union authorities holds unique authority to manage on-line skill-based video games beneath Entry 31 of Listing I of the Structure.

The petitioners have challenged the regulation on three principal grounds: the imposition of a midnight-to-5 AM curfew on gaming actions, the requirement of Aadhaar-based verification, and the alleged jurisdictional overreach by the state. It was argued that on-line gaming regulation falls inside the unique area of the Centre, beneath the Data Know-how Guidelines. The Courtroom has directed the events to submit their closing written arguments by April 28, 2025, and the matter is scheduled for listening to the identical day for recording the submissions.

You may learn extra about it right here.

Delhi Excessive Courtroom Points Discover to Zomato in CCI probe

The Delhi Excessive Courtroom has issued notices to Zomato and the Competitors Fee of India (CCI) in response to the Nationwide Restaurant Affiliation of India’s (NRAI) plea difficult its exclusion from the confidentiality ring within the ongoing antitrust investigation in opposition to the foodtech firm.

The confidentiality ring mechanism, launched in 2022, was meant to offer events entry to confidential data throughout regulatory proceedings whereas safeguarding industrial pursuits. The CCI has dominated that Zomato’s platform and supply charges don’t quantity to an abuse of dominant place, offering aid to the corporate. The NRAI’s authentic criticism had alleged anticompetitive practices by main meals aggregators, together with deep discounting, bundling of providers, excessive commissions, delayed funds, and unilateral contractual phrases.

You may learn extra about it right here.

Comic Manan Desai Secures Sound-Recording Copyright for Signature Catchphrase ‘Jati Rehje’

Baroda-based comic Manan Desai, co-founder of The Comedy Manufacturing facility, has obtained a sound-recording copyright for his iconic catchphrase “Jati Rehje,” marking a primary for an Indian stand-up comedian. The phrase, which means “go away directly” in Gujarati, grew to become extremely in style via Desai’s performances, with audiences celebrating his distinct accent and supply. Involved by others imitating not simply the phrases but in addition his distinctive fashion, Desai took authorized steps to guard the phrase, particularly as he plans to develop its use in future tasks like songs and different content material.

Desai’s authorized advisor confirmed that the copyright safety covers the phrase’s particular tone and magnificence as delivered by Desai. Below this safety, any industrial use of “Jati Rehje” in a way mimicking Desai’s efficiency would require permission or licensing.

You may examine it right here.

Authorities Advisory on Media Protection of Defence Operations

On April 26, 2025, the Ministry of Data and Broadcasting issued an necessary advisory addressed to all media retailers, digital platforms, and social media customers. The advisory emphasizes strict compliance with present legal guidelines whereas reporting on defence operations and security-related actions. It particularly prohibits real-time protection, dwell broadcasting, and dissemination of visuals or “source-based” data concerning defence operations or the motion of safety forces.

The Ministry highlighted that untimely or unregulated reporting can critically compromise operational effectiveness, endanger the lives of personnel, and inadvertently help hostile forces. Citing previous incidents just like the Kargil Battle, the 26/11 Mumbai assaults, and the Kandahar hijacking, the advisory underscores how unrestricted media protection has beforehand had unintended antagonistic impacts on nationwide pursuits.

TV channels had been reminded of their obligations beneath Rule 6(1)(p) of the Cable Tv Networks (Modification) Guidelines, 2021, which strictly prohibits dwell protection of anti-terrorist operations, permitting solely periodic official briefings till operations are concluded. Any violations might result in regulatory motion. In closing, the federal government urged all stakeholders to train vigilance, duty, and sensitivity, stressing that nationwide safety should all the time be prioritized over aggressive reporting.

You may learn the advisory right here.

Delhi Excessive Courtroom Data Settlement Between Mamaearth and HUL in Disparagement Case

The Delhi Excessive Courtroom on Friday formally recorded the settlement between Honasa Client Restricted (Mamaearth’s mother or father firm) and Hindustan Unilever Restricted (HUL), resolving a dispute over disparaging promoting campaigns and social media posts.

The Lakme advert in query, aired on April 12, 2025, accused a sunscreen of misrepresenting its Solar Safety Issue (SPF), claiming it gave solely SPF 20 as an alternative of SPF 50. Honasa challenged these claims, alleging they had been deceptive and will hurt its fame. Following the court docket’s encouragement, each events agreed to take away the contentious adverts and posts. HUL modified its advert content material and warranted no future campaigns would mirror the disparaging nature. Equally, Honasa agreed to take down associated social media posts.

The court docket additional directed {that a} 50% refund of court docket charges be issued to Honasa, as per the Courtroom Charges Act, 1870. The court docket additionally emphasised that neither celebration would difficulty public statements on the case, although they’re free to method the related boards if wanted for enforcement.

You may learn extra about it right here.

Hansy Synth Daisy, new polyphonic digital analog Synthesizer with pattern playback

Hansy Synth Daisy, new polyphonic digital analog Synthesizer with pattern playback

by | May 3, 2025 | Film Music, Music Technology


SYNTH ANATOMY makes use of affiliation & accomplice applications (huge purple buttons) to finance part of the exercise. When you use these, you assist the web site. Thanks! 

SynthFest France 2025: Hansy Synth Daisy is a brand new polyphonic Synthesizer from France with a digital analog Synthesizer and multi-sample playback engine.

I reported on the brand new Hansy Synth Daisy in April final yr. It’s a digital analog Synthesizer with pattern playback and a built-in looper.

At SynthFest France 2025, developer Gilles Lacaud introduced the completed model of the Daisy Synth.

Function Abstract

Hansy Synth Daisy is a 6-voice digital analog polyphonic Synthesizer based mostly on the Daisy Seed DSP. The options are

  • 6-voices polyphony
  • digital analog Synthesizer with code bits from Mutable Devices
  • single cycle waveforms assist for the oscillators 
  • mono pattern playback (PCM multi-samples) 
  • ladder filter 
  • three multi-wave LFOs with sync and delay possibility
  • LFO pitch freely routable
  • three ADSR envelopes with looping
  • results: delay, reverb, decimator, and distortion algorithms
  • 4-track looper with saving on the SD ard

I used to be capable of take a better take a look at the brand new synth. It’s a gorgeous, inexpensive digital analog Synthesizer with loads of performance and a hands-on really feel. By way of sound, it’s not a revolution however a pleasant sounding VA synth with pattern playback. 

Hansy Synth Daisy is obtainable now in tiny portions for 375€ + transport from France, the place it’s hand-built. 

Article from April 18, 2024

SynthFest France 2024 opens its doorways tomorrow at 2 p.m. in Nantes. Movies from the occasion will comply with. Keep tuned! The timing is ideal to introduce you to a brand new Synthesizer at present being developed in France.

Gilles of Hansy Synth, an indie developer of the HANSY1010 hybrid synth and the OPLA pocket synth, has unveiled its new challenge, Daisy.

Hansy Synth Daisy

Daisy is a brand new desktop digital analog Synthesizer. Because the identify suggests, the instrument relies on the favored Daisy Seed embedded platform powered by an ARM Cortex-M7 MCU, operating at 480Mhz with 64MB of SDRAM.

That is constructed right into a case with 32 potentiometers, 16 push buttons, 16 LEDs, and a 2.4″ touchscreen. Daisy’s core is subtractive and provides a basic digital analog engine with eight voices of polyphony and three taking part in modes: mono, paraphonic, and polyphonic.

Daisy options three oscillators per voice. There are two most important wave oscillators, whereas the third is a sub-oscillator. The 2 most important oscillators supply digital analog waveforms with and with out anti-aliasing. Plus, you’ll be able to load in single-cycle waveforms, providing you with an limitless vary of uncooked oscillator sounds.

A spotlight of the Daisy is its capability to mix basic oscillators with samples and multi-samples. In keeping with Gilles Lacaud, the founding father of Hansy Synth, it helps samples/multi-samples in PCM format, consumer cycle, and extra. Moreover, you get a noise generator.

Then, the alerts undergo a Moog Ladder-style filter with basic controls. I hope different fashions can be found within the ultimate model; in any other case, it will be a bit too basic. 

Modulation & Results

A modulation engine can also be included. It hosts three multi-wave LFOs with a sync and delay possibility, a freely routable LFO pitch to a number of oscillator locations, and three ADSR looping envelopes.

Hansy Synth added an results processor with onboard delay, reverb, decimator, and distortion algorithms to offer your sounds the ultimate contact.

On the bottom, you could find a stereo enter and stereo output on 6.35mm sockets, DIN 5-pin MIDI enter/output sockets, an SD card slot, and an influence provide enter. As a bonus, it additionally provides a stereo mini jack enter and output on the entrance panel.

The synth is at present nonetheless in full improvement. The primary demos present first impressions of the place the sound journey of the Hansy Synth Daisy is heading. Nevertheless it’s too early to offer a primary impression of the sound. 

First Impression

The upcoming Daisy synth won’t be a revolution within the Synthesizer sky, however I’m positive will probably be a strong, well-developed, inexpensive VA Synthesizer.  Each the Hansy1010 and Opla are very inexpensive synths. The Opla, for instance, a 4-voice poly VA synth, prices simply 120€. So I’m assuming the value gained’t be that top both.

Hansy Synth Daisy worth and availability TBA. 

Extra info right here: Hansy Synth 

{Hardware} Synthesizer Information



‘Fish Rising’: The Maiden Solo Voyage Of Steve Hillage

‘Fish Rising’: The Maiden Solo Voyage Of Steve Hillage

by | May 3, 2025 | Classic, Musical Industry


The 1975 album was the file that paved the way in which for the prog frontiersman’s Prime 10 success with ‘L.’




Steve Hillage ‘Fish Rising’ paintings – Courtesy: UMG

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Steve Hillage did his musical apprenticeship within the bands Uriel and Khan, and performed with Kevin Ayers in Decadence. He then went from being a fan of Gong to a member of their basic line-up of the early-to-mid-Seventies. However when that fell aside after the You album, it was time for the famous guitar participant and musical experimentalist to go his personal means. On Might 3, 1975, Hillage’s personal title appeared on a UK chart for the primary time, with the album Fish Rising.

Hillage had recorded the album whereas he was nonetheless a member of Gong. Firstly, this was in periods at Virgin Data’ common studio hangout on the Manor, in September 1974. He accomplished it on the Manor Cellular early within the new yr, with many associates and colleagues contributing. They included these from Gong akin to Didier Malherbe, Pierre Moerlen, Miquette Giraudy, Mike Howlett, and Tim Blake. A few of them glided by tongue-in-cheek “noms de disque” for the mission, with Hillage himself listed as Steve Hillfish.

Setting the scene for ‘L’

The album was a far-reaching space-rock soundscape that set the scene for Steve’s big solo success of the following years, notably with the follow-up L. For now, Fish Rising provided such bold, episodic voyages because the 17-minute “Photo voltaic Musick Suite” and 15-minute “Aftaglid.”

Hearken to the Prog Rocks playlist, which options “The Salmon Tune” from Fish Rising and tracks by Gong, Camel, Spooky Tooth, Rick Wakeman and numerous others.

Fish Rising debuted on the UK chart at No.33, its peak place in a three-week run on the survey. The album was an admirable car for Hillage’s terribly nimble guitar taking part in and the supporting musicianship of his associates. It’s turn into an vital, and considerably underrated, ingredient within the burgeoning progressive rock scene of the mid-Seventies.

Purchase or stream Fish Rising.

The Long-Time No View Comedy Podcast by Noah Copfer and Kiki Andersen

The Long-Time No View Comedy Podcast by Noah Copfer and Kiki Andersen

by | Apr 26, 2025 | Entertainment Law, Music Business, Podcast News

AppIe Podcasts, Spotify, Amazon Musiç, and other websites aɾe available to talk on.

Comedy stars Noah Copfer ( Dumps, I Am ) and Kiki Andersen ( Netflix is a Joke Festival ) pull the blindfolds this week on the Long Time No See: The Podcast. The two engage in wonderfully honest and frequently self-deprecating talk about stand-up, awkward seeing situations, and foolish fears. Listen in the upper part of the picture below σr whȩrever you caȵ find your appȿ.

Andersen and Copfer even discuss issues like their pointless skills, such as exploring their respective attack reports from LA’s Comedy Story and the pressure of group work. Copfer caȵ blow smoke out of his mouth from nothing, wⱨich is incredibly αmazing aȵd difficult tσ explain. We advise you to watch the entire interview video below ( or access YouTube ). What the f*ck? is what Andersen says in shock when she testimony it. You’re a lion, rįght? Wow, redheadȿ are actually on fire.

They also discuss the benefits of string cheese, discuss their irrational fears ( rogue waves for Copfer, and rogue waves for Andersen ), and rank themselves against themselves on a non-numeric scale of attractiveness. Copfer claims that he is” algae at the beach. ” ” It depends on youɾ feelings,” yoμ might say. For inȿtance, if you went ƫhere, it would be likȩ,” Wow, this is reαlly wonderful. Looƙ at the natural world. Ąnd finally you occasionally get there aȵd start to yell,” Ɠet off me, pleaȿe. ” You’re very much, man. You’re like bombing me, l hear yoμ.

Andersen, please? I feel like I’m in tⱨe heat,” sⱨe said. like,” Is įt popular? ” I’ve not had one, I don’t understand. I’m going to have to figure out one, I suppose.

Talk to tⱨe abovȩ episode oƒ Long Time No View: The Podcasƫ with Nσah Copfer and Kiki Andersen, or watch the entire episode in itȿ ȩntirety. Make sure ƫo subscribe tσ the present wherever you receive your podcasts, anḑ leαve α review on Apple Mưsic or another place you liȿten to diȿplay yoμr support for it.

Wes Brumbaugh and Jack Fink’s Much Time No Notice Comedy display series is the source of Long Time No View: The Podcast. Consequence Podcast Network and Los Angeles ‘ Gold-Diggers, which lately launched the production company Gold-Diggers Media, are the partners in creating and presenting the radio.