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February 20, 2004 -- About Us | Advertise | Events | Publications | Subscribe

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
 

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
 


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 | Sponsorship Materials | 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.

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Chief Executive Officer: Ned Sherman
VP, Marketing & Events: Tinzar Than
Editor: Mark Hefflinger

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