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Mitchell Silberberg is Los Angeles' premier midsize law firm. Our
125 attorneys routinely handle high-profile Internet and technology
litigation, including the cases against Napster, Aimster, Grokster,
Kazaa and 321 Studios.
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February
20, 2004 --
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Main Stories
o Judge
Rules Against Maker of DVD Copying Software
o
Kazaa, Australian Record Labels Argue Legality of "Surprise" Search
Warrant
o Pepsi
Cap Promotion for Free Apple iTunes Song Downloads "Hacked"
o
Microsoft Plans Xbox Live Features Upgrade
o Dow Jones Acquires Publisher
Alternative Investor Group for $85 Million
> DMW Announcements:
--DMW Events
-Digital Music Forum -
Last day for Pre-Registration
-Games & Mobile Forum
--Digital Media Law Report > Featured
Advertisement:
--Game Developers Conference 2004, March 22-26, San Jose, California
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o
Briefly Noted: SINA.com -
NetMarble, Activision - Slipknot, Codemasters - "MTV Music Generator
3," Cingular Wireless - Billy Packer, Eidos - "ShellShock: Nam '67,"
Atari - "Unreal Tournament 2004" demo, Interactive Bafta Awards,
CRIA - ISPs - music file-swappers, Correction
>
Job/Event/Marketplace Classifieds:
--Account Manager, Sales
--Sr. Accountant
--Director of Finance
--Software Engineer
--Product Manager
--10.0 million Software Co.,VP Technology, Long Island, NY
--Best Cities, Best Job Growth Performers: Where Should You Be?
--Tele-Seminar: Internet Marketing and Your Sales Process
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o Judge Rules Against Maker of DVD
Copying Software
San Francisco -- A federal judge in San Francisco on Friday
granted summary judgment to the Motion Picture Association of
America (MPAA) in its lawsuit against 321 Studios, a distributor of
software that allows users to make copies of DVD movies. U.S.
District Court Judge Susan Illston has given St. Louis-based 321 a
week to cease distribution of its products, including the DVD X Copy
program at the core of the MPAA's lawsuit. 321 Studios had argued
that its software simply allowed users to make back-up copies of the
DVDs they had already legally purchased.
http://makeashorterlink.com/?V61E53977
http://news.com.com/2100-1025_3-5162749.html
http://www.321studios.com
_____________________________________________
o Kazaa,
Australian Record Labels Argue Legality of "Surprise" Search Warrant
Sydney -- Kazaa file-sharing network operator Sharman Networks
and the Australian recording industry were in court Friday, arguing
whether a special order issued to allow surprise searches of Sharman
offices, universities and Australian ISPs was properly obtained, or
should be set aside. An "Anton Piller" order was issued by Justice
Murray Wilcox with the understanding that evidence from Sharman
would likely be destroyed if another means of search and seizure,
such as a subpoena, were obtained instead. Sharman Networks
attorneys argued that the labels did not inform Justice Wilcox that
similar information was willingly surrendered to U.S. and Dutch
courts under subpoena in separate lawsuits. During the hearing,
Wilcox stated, "I'm not saying I was misled, but I do have the
feeling that there was a lot more to the story than I was told."
Lawyers for the record industry countered that some of the
information it sought to obtain was "ephemeral" in nature. Sharman
also argued that the current case is essentially the same as the
U.S. recording industry's case against Kazaa, and should be deferred
until that case is resolved. An attorney for the record industry,
attempting to differentiate between the intercontinental lawsuits,
told Justice Wilcox that "the U.S. copyright law is more concerned
with structural aspects of the technology...rather than the
operation of the software (as the Australian law is)," ZDNet
Australia reported. A ruling on the legality of the Anton Piller
order is expected in several weeks.
http://www.wired.com/news/digiwood/0,1412,62363,00.html
http://www.zdnet.com.au/news/communications/0,2000061791,39116240,00.htm
http://www.sharmannetworks.com
_____________________________________________
o Pepsi Cap
Promotion for Free Apple iTunes Song Downloads "Hacked"
Los Angeles -- Pepsi's promotion to give away free song downloads
from Apple's iTunes store under soda bottle caps has been "hacked"
-- found to be easily foiled by turning a bottle on its side to
discover winning bottles and recover the promotional code without
having to buy the soft drink, various media outlets reported. The
website MacMerc.com has posted a detailed description of the soft
drink promotion hack. Pepsi touted the iTunes promotion in several
commercials during the Super Bowl, and told CNET News.com that as a
precaution for similar promotions, the company usually imposes a
limit on the number of promotional codes users may redeem in a
single day. Pepsi has stated that one in three bottles labeled with
the promotion is a winner.
http://news.com.com/2100-1027-5162098.html
http://www.macmerc.com
____________________________________________
o
Microsoft Plans Xbox Live Features Upgrade
Redmond, Wash. -- Microsoft intends this year to release a new batch
of features for its Xbox Live service, which allows owners of its
Xbox video game console to challenge one another over the Internet,
Reuters reported. The "Tsunami" upgrade will include a new feature
that allows for game data storage on Microsoft's network -- a
possible replacement for the hard drive in the current Xbox model
that Microsoft is rumored to be considering abandoning to lower
production costs. Other new Xbox Live features will include
tournament creation software that publishers and gamers can use for
specific games, tighter integration of MSN Messenger, and possibly a
feature that will allow gamers to leave one another brief voice
messages on the service.
http://makeashorterlink.com/?F2EA51977
http://www.xbox.com/en-us/live/default.htm
____________________________________________
o Dow Jones
Acquires Publisher Alternative Investor Group for $85 Million
New York -- Dow Jones, publisher of the Wall Street Journal,
announced that it has acquired the Alternative Investor Group of
Wicks Business Information, a provider of venture capital-related
newsletters, databases and industry conferences, for $85 million.
The company will be integrated with Dow Jones Newswires, which also
publishes the VentureWire daily e-mail newsletter. VentureWire
founder and editor-in-chief Richard A. Shaffer was named editor and
publisher of Alternative Investor.
http://biz.yahoo.com/bw/040219/195789_1.html
http://www.wicksbusinessinfo.com
http://www.alternativeinvestor.info
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> DMW Events:
4th
Annual
Digital Music Forum
March 1, 2004 | New York City
www.digitalmusicforum.com
KEYNOTE SPEAKERS
Sean Ryan - VP, Music Services,
Real Networks
Jonathan Potter - Executive Dir.,
Digital Media Association
FEATURED
INTERVIEW/Q&A
Steven Marks - General Counsel,
Recording Industry Association of America (RIAA)
CONFIRMED SPEAKERS
Chris Amenita - SVP, ASCAP
Amy
Bernstein - Senior Editor, Business 2.0
Derek Broes - EVP, Worldwide Operations,
Altnet
David Card - VP &
Research Director,
Jupiter Research
Scott Cohen - Co-Founder & President,
The Orchard Global Media
Ted
Cohen - SVP, Digital Development & Distribution,
EMI Music
Peter Csathy
- COO, MusicMatch
David Del
Beccaro - President & CEO,
Music Choice
Maureen Dorney - Partner,
Gray Cary
Roy Elkins - CEO &
Founder, Broadjam
Mark Frieser - CEO &
Founder, Consect
Eric Garland - CEO, Big Champagne
Brian Garrity - Senior
Editor, Billboard Magazine
Tom Gensch - VP, Content & Distribution,
PaymentOne
Laura Goldberg - COO,
Napster
Jim Griffin - CEO,
Cherry Lane Digital
Ellie Hirschhorn - GM &
EVP, MusicNet
Jeff Howe - Contributing
Editor, Wired Magazine
David Hyman - Chief Strategy Officer, Gracenote
Scott
Kauffman
- President & CEO, MusicNow (formerly
FullAudio)
David Kusek - VP, Berklee
Media, Berklee College of Music
Tim Nilson - VP, Mobile
Technology, Sony Music
Daniel Porter -
VP, Bus. Dev., Be Music / BMG Music Service
Larry Rebich - VP of
Program Acquisition & Market Dev., SIRIUS Satellite Radio
Mike Rich - Executive Director of
Programming, AOL Music
Tim Riley -
Worldwide Executive of Music, Activision
Rob Schoeben -
Vice President of Application Marketing,
Apple
Perry
Solomon - Founder & VP, Strategy, Peppercoin
Bob Struble - President &
CEO, Ibiquity Digital
Nikke Slight - SVP, New
Media, Atlantic Records
Nada Usina -
GM,
Entertainment & Media Business,
Nokia America
Jon Vlassopulos - Sr. Dir., Bus. Dev.,
AT&T Wireless Mobile Multimedia
ABOUT THE PROGRAM
This year's forum focuses on the following questions:
- Is there a viable business model for selling music online?
- Can licensed services compete with free downloads from
file-sharing networks?
- Who will be the winners and the losers in the world of online
music sales?
- What is the status of pending lawsuits and legislation
concerning digital copyrights? Can the music industry profit
from legitimate uses of P2P?
- How are consumers reacting to new formats for music delivery?
- Will new formats generate the kind of success that the industry
experienced with CDs during the '80s and '90s?
- What are the challenges and opportunities for music industry
executives seeking to maximize the potential of the mobile
market?
- What does the future hold for satellite and Internet radio?
For complete agenda and event details, please go to:
www.digitalmusicforum.com
REGISTRATION
Pre-Registration: $295 (until February 20)
Registration: $395 (after February 20)
Online :
http://kb.digitalmediawire.com/register.php?eventid=1056
Phone: 323-464-0793
2nd
Annual
GAMES & MOBILE FORUM
April 15,
2004
|
New York City
www.gamesandmobile.com
Overview
Games & Mobile Forum is 1-day executive forum focused on business
and technology developments impacting games and mobile
entertainment. In 2003, leading executives from entertainment
and technology companies including, Yahoo! Games, AOL Games,
Atari, Acclaim, Warner Bros. Online, AtomShockwave, CNET,
Creative Artists Agency (CAA), The Endeavor Agency, Mythic
Entertainment and Digital Bridges participated in a series of
panels on topics, including "Mobile Games: The Coming Wireless
Revolution", "Developing Games Based on Film, Television & Music
Properties and Visa-Versa"", and "Advergames: Recent Developments
& Opportunities".
REGISTRATION
Early Bird Special: $ 195 (until March 12)
Pre-Registration: $ 295 (until April 9)
Registration: $ 395 (after April 9)
Online :
http://kb.digitalmediawire.com/register.php?eventid=1060
Phone: 323-464-0793
To
submit speakers for the 2004 conference, please send a bio and
photo (optional) to Tinzar Than, VP, Marketing & Events, Digital
Media Wire, Inc. at
tinzar@digitalmediawire.com.
> DMW Publications:
> Digital
Media Law Report
-
New Featured Section
- Volume
1 - 2004
We are pleased to announce that we have added a "Featured
Section" to Digital Media Law & Policy Report. This month's
featured coverage includes reports on the oral arguments held
before the 9th Circuit Court of Appeals in MGM v. Grokster and a
"Post-Conference Report" from MidemNet 2004. We will use this
section to provide in depth coverage of certain cases, events and
policy developments each month. Subscriptions
-
Order
Available Now - Volume 1 - 2004 Report - 30 pages
-
Order
Past Events
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Sponsorship Materials
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Partners & Clients
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> Featured Advertisement:
> Game Developers Conference 2004, March 22-26, San Jose, California
GDC is the world’s largest and most important professional event for
the game industry and the best place to find out the worldwide
future of the games market. Keynotes include: Andrew House,
Executive Vice President of Third-Party Relations and Marketing,
Sony Computer Entertainment America Neil Young, VP and Executive in
Charge of Production, Electronic Arts Register by February 18 at
http://www.gdconf.com and save
up to 30% on GDC passes.
Use priority code: DDIGM4 to receive an additional $25 discount.
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o Briefly Noted: (Shanghai,
China) SINA, a Chinese online media company, announced on Friday
that it has signed a license agreement with Korean online games firm
Plenus, to launch an online gaming portal in China. The company paid
a one-time fee of $2 million to launch Plenus' NetMarble casual
games site in China, and will pay a running royalty of 10% of the
net revenue of the game portal. NetMarble counts 22 million
registered users in Korea and posted revenue of $68 million for
2003.
http://biz.yahoo.com/prnews/040220/cnf002_1.html
http://www.sina.com
http://www.netmarble.net
(Santa Monica, Calif.) Game developer Activision said that its
upcoming "MTX: Motortrax" title for PlayStation 2 and Xbox will
feature an unreleased track from Roadrunner Records metal band
Slipknot. The game, in development at Westlake Village, Calif.-based
Left Field Productions, will be released on March 3, while the
Slipknot album goes on sale in May. "MTX: Mototrax" will also
feature a secret character and bike designed by the band, unlockable
through a code that will be included with the upcoming Slipknot
album.
http://www.activision.com
http://www.left.com
http://www.roadrunnerrecords.com/artists/Slipknot
(London) U.K.-based game developer Codemasters announced that it
has partnered with MTV on a third title that lets users remix
popular songs on their game consoles. Set for release in June, "MTV
Music Generator 3: This Is The Remix" for PlayStation 2 and Xbox
will feature songs from artists including OutKast, Snoop Dogg, Sean
Paul, Fabolous and Carl Cox. The game also allows players to import
tracks from their digital music collections for remixing.
http://www.codemasters.com/news/displayarticles.php?showarticle=5007
http://www.codemasters.com/mtvmg3
(Atlanta) Mobile carrier Cingular Wireless said on Friday that
CBS sportscaster Billy Packer will host a wireless text-message
based trivia challenge during the "Cingular at the Half" halftime
show during NCAA men's basketball games leading up to the Final
Four. The "1 on 1" trivia challenge with Billy Packer will also be
available to subscribers to wireless carriers other than Cingular.
http://www.cingular.com
http://www.cbssportsline.com/2ncaa
(San Francisco) U.K.-based video game developer Eidos announced
on Friday that it will release "ShellShock: Nam '67" for PlayStation
2, Xbox and the PC in June. Eidos said the game, currently in
development by Amsterdam-based Guerrilla, "depicts the true horrors
of the Vietnam War for the first time in a video game."
http://www.eidos.com
http://www.shellshockgame.com
(Los Angeles) Video game publisher Atari said on Friday that its
free downloadable online game demo for "Unreal Tournament 2004" has
been downloaded over 1.5 million times in its first week of
availability. Developed by Raleigh, N.C.-based Epic Games in
conjunction with London-based Digital Extremes, the full version of
the multiplayer online game will go on sale in March.
http://biz.yahoo.com/bw/040220/205271_1.html
http://www.epicgames.com
http://www.digitalextremes.com
http://www.unrealtournament.com
(London) The BBC has awarded Celebdaq with its annual Interactive
Bafta award for the best Online Entertainment website in the U.K.
The popular celebrity "stock exchange" site, which spun off into a
notorious Internet-to-TV show on BBC3, just beat out the Boobahs and
Virtual Townsville, which finished second and third, respectively.
The Tate Online site, which provides information for a number of art
galleries throughout the U.K., won top honours for Online Factual
website, while interactive drama The Darkhouse won first prize for
Technical Innovation. The best Interactive Arts award went to
Alleph.net.
http://news.bbc.co.uk/2/hi/technology/3505795.stm
http://www.bbc.co.uk/celebdaq
(Toronto) Canada's Globe and Mail on Friday reported that
Canadian ISPs are in some cases having a difficult time identifying
alleged music file-swappers, whose identities the Canadian Record
Industry Association (CRIA) has gone to court seeking in connection
with potential copyright infringement lawsuits. CRIA used the
services of New York-based MediaSentry to obtain IP addresses for
alleged infringers, which it then gave to ISPs to connect with the
actual subscribers using them. One ISP, Telus, said it could only
track down two of three of its alleged infringing subscribers. A
35-year-old Alberta woman, who received a letter from Telus advising
her to retain legal counsel because of CRIA's request, told the
Globe and Mail, "I have never downloaded a single song. I honestly
wouldn't know how to do it."
http://makeashorterlink.com/?F2DA42977
http://www.mediasentry.com
____________________________________________
> Correction
A story in Thursday's edition of Digital Media Wire incorrectly
stated that U.K.-based game publisher Mongoose Publishing had
licensed the rights for the roleplaying board game "Paranoia" to a
group of developers, to be made into a PC game. In fact, Mongoose
licensed the rights to publish the "Paranoia" PC game from the
developers, who control rights to the game.
http://www.mongoosepublishing.com
http://www.costik.com/paranoia
____________________________________________
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>
Classifieds:
> Account Manager, Sales
Music Choice, the world’s leading digital music service, has an
opening for Account Manager in our New York City office. Responsible
for developing sales strategies to achieve/exceed budgeted sales
goals. Develop effective national promotions. Provide input for
budgeting, forecasting/goal setting process. Preferred candidate
will have successful track record in sponsorship or advertising
sales and a "solid rolodex." 3-5 years of advertising/sponsorship
sales exp. Cable TV/radio ad sales experience a plus. BA required.
Email: jobs@musicchoice.com
EOE
___________________
> Sr. Accountant
Support the CFO of fast-growing, Information Technology firm in
Silver Spring. Responsibilities: A/R and A/P; monthly financial
forecasts and cash flow statements; bank reconciliations;
benchmarking and other financial analysis; financial
presentations; and administrative accounting support. Required:
B.S. in Accounting or Finance, demonstrated exp. in Excel.
Knowledge of QuickBooks, past exp. in government accounting
environments a plus; CPA preferred. Starts PT March 1,
transitions to FT April 1. Competitive compensation pkg. w/ great
benefits. Send resume to
info@e-mcinc.com
___________________
> Director of Finance
Supervise an effective system of internal accounting controls and
safeguarding of assets. Establish/Understand company-wide budgets
and forecasts and oversee implementation among departments.
Prepare and oversee Irides accounting and financial reporting
including: gl, accounts payable, accounts receivable, credit and
collections, payroll, fixed assets, budgeting, bank account and
balance sheet account reconciliation. Provide accounting and
analytical support to the COO and other members. Comply with
corporate policies and procedures. Send resumes to
jobs@irides.com No
calls please.
___________________
> Software Engineer
Bamboo Solutions Corp. is a small company located in Reston,
VA, that provides iReview and WD3T for enterprise-wide
collaboration, seeks a dedicated professional to join team
working on full lifecycle dev. of web & desktop s/w. Requires:
ASP/JScript web programming, working knowledge of XML/XSL, MS
Windows Platform programming, database technologies, object
oriented design methods. C/C++ programming a plus. 4+ years
experience required. Send resumes to
carolk@bamboosolutions.com
___________________
> Product Manager
Top Tier Software Manufacturer, based in New York looking for
experienced Product Manager for the Princeton, NJ, Manhattan or
Lisle, IL locations. Define and manage product strategy and
requirements for mainframe Performance Management solutions.
Perform market research, competitive intelligence and analysis.
Work with Development to plan product release deliverables. 4+
years Mainframe Performance Management experience. Strong
mainframe(z/OS) configuration and performance tuning skills.
Experience with product life cycle. Send resumes to
fgreene@lloydit.com
___________________
> $10.0 million Software Co.,VP Technology, Long Island, NY
VP will lead highly talented development team to conceptualize,
architect and develop enterprise grade applications. Need 10
years diverse experience in designing enterprise grade software
in both installed and ASP formats. Strong understanding of Java
and client/server technologies. Masters in Computer Science.
Local candidates preferred. Send resumes to
sunnyreach@hotmail.com
___________________
> Best Cities, Best Job Growth Performers: Where Should You Be?
As the economy rebounds, some localities are ahead of the curve
and some are hoping better economic news will bring them out of
an extended slump. Which areas are performing well and helping
local businesses thrive despite difficult economic times? Is your
area helping you succeed or holding you back? Click here for a
full rundown:
http://www.e-country.org/techwire.htm
___________________
> Tele-Seminar: Internet Marketing and Your Sales Process
Turn your website into a prospect generator and then turn those
prospects into qualified opportunities that drive revenue.
Effective Internet marketing and "contact to cash" sales process
trends and best practices will drive more visitors to your site,
turn visitors into qualified prospects and convert them into
customers. Wednesday, Feb. 25 at 1:00 PM EST. Send inquiries to
inquiry@market-vantage.com Register at
http://www.market-vantage.com/seminar/lincoln.htm
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About Us
Digital Media Wire, Inc. is a news organization, publisher and
events company serving the digital media industry since May 2000.
Our daily newsletter delivers original briefings on
business, legal and financial developments shaping digital media and
read by over 30,000 executives and professionals. To
subscribe for free, please
click here.
Digital Media Wire, Inc. is part of the Tech Wire Media Group, an
international network of publications that includes Digital Media
Law Report, Potomac Tech Wire, New England Tech Wire, Southeast Tech
Wire, Bay Area Tech Wire, Tri-state Tech Wire and European Tech
Wire. The network reaches more than 70,000 individuals from over 70
countries each business day.
Advertising & Sponsorship
Publications, Events & Information
Executive & Editorial Team
Chief Executive Officer: Ned Sherman
VP, Marketing & Events: Tinzar Than
Editor: Mark Hefflinger
Contact Us
Questions, Comments & Suggestions
News Tips & Press Releases
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Copyright 2004 Digital Media Wire, Inc. All Rights Reserved.
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