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February 24, 2004 -- About Us | Advertise | Events | Publications | Subscribe

Main Stories
o Sites Offer Beatles/Jay-Z Remix Album in "Grey Tuesday" Protest of EMI
o Eminem Sues Apple Over Use of Song in iTunes Store Commercial
o SightSound Wins Music Download Patent Settlement Against CDnow
o Google, Yahoo Top January Search Destinations
o French Wireless Firm Alcatel Debuts Gaming, Music Video Services


 > DMW Announcements
 --DMW Events
   -Digital Music Forum -
Last week for Registration
   -Games & Mobile Forum

 --Digital Media Law Report

 > Featured Advertisement:
 --Game Developers Conference 2004, March 22-26, San Jose, California
 --Account Manager, Sales
 

o Briefly Noted: Gemstar-TV Guide - Mitsubishi, Corbis - Reuters, Sony Music - Intel - Emuzed, LodgeNet - iTV games, T-Mobile - WOM Media Network, Sony Computer Entertainment America, Electronic Arts - KOEI, ValuSoft - Tokyopop, THQ - "MX Unleashed," Logitech - PS2 USB microphone, Intec - World Wrestling Entertainment, TKO Software - Dublin, New P2P services - enhanced user privacy

 
> Job/Event/Marketplace Classifieds:
 --
Senior Manager, Corporate Public Affairs - Washington, DC
 --
Advertising Services CFO
 --Sr. Accountant
 --Director of Finance 
 --
Software Engineer
 --Account Manager, Sales
 --Product Manager
 --
Best Cities, Best Job Growth Performers: Where Should You Be?
 --Tele-Seminar: Internet Marketing and Your Sales Process
 


o Sites Offer Beatles/Jay-Z Remix Album in "Grey Tuesday" Protest of EMI

London -- A coalition of websites are offering an album free for download on Tuesday in protest of major label EMI's efforts to ban its sale or distribution on grounds that it amounts to copyright infringement. The "Grey Tuesday" protest is "a day of coordinated civil disobedience" to distribute artist DJ Danger Mouse's "Grey Album," which samples and remixes elements from rapper Jay-Z's "Black Album" and the Beatles famed "White Album." EMI, which controls rights to the Beatles catalog, has sent cease-and-desist letters demanding that retailers destroy their copies of the album and websites remove them from their sites. Several hundred websites are ignoring EMI's threats and either offering the album for free download on Tuesday, or else turning their websites' pages grey in solidarity. "The lawyers and bureaucrats at EMI have shown zero flexibility and not a glimmer of interest in the artistic significance of this work," Grey Tuesday organizers Downhill Battle wrote on their website. "And without a clearly defined right to sample (e.g. compulsory licensing), the five major record labels will continue to use copyright in a reactionary and narrowly self-interested manner that limits and erodes creativity."
http://www.greytuesday.org 
http://www.downhillbattle.org/grey/emi_cd_letter.html
http://www.djdangermouse.com
http://www.wired.com/news/digiwood/0,1412,62372,00.html 
http://www.eff.org
_____________________________________________

o Eminem Sues Apple Over Use of Song in iTunes Store Commercial

Detroit -- Rapper Eminem's music publishing company has filed a copyright infringement lawsuit against Apple Computer, Viacom, MTV and ad agency TBWA/Chiat/Day, over the unauthorized use of one of his songs in a TV commercial for Apple's iTunes music download store, the Associated Press reported. The suit, filed by Eminem's Eight Mile Style publishing company, centers on an iTunes ad that aired multiple times on MTV in which a ten-year-old actor sings part of the rapper's Grammy-winning song, "Lose Yourself." "Eminem has never nationally endorsed any commercial products and ... even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million," according to the lawsuit filed on Friday in District Court in Detroit.
http://www.salon.com/ent/wire/2004/02/24/eminem/index.html
http://www.eminem.com
_____________________________________________

o SightSound Wins Music Download Patent Settlement Against CDnow

Pittsburgh -- SightSound Technologies, a company that holds patents on technology enabling the sale of downloadable music and movies, announced on Tuesday that it has settled its patent infringement litigation against online retailers CDnow and N2K, and will receive a total payment of $3.3 million in compensation. The U.S. District Court for the Western District of Pennsylvania ruled that Pittsburgh-based SightSound's patents are valid and enforceable. The company claims to have sold the first downloadable music on the Internet in 1995 and first downloadable movie in 1999, and says it now aims to expand its patent licensing activity. "Resolution of this dispute, after six years of vigorous litigation, is momentous," said SightSound attorney William Wells. "SightSound can now look forward with renewed strength to licensing those in the music and movie industry who seek to employ SightSound's patented technology in downloading digital music and movies over the Internet."
http://www.sightsound.com
http://www.cdnow.com
____________________________________________

oGoogle, Yahoo Top January Search Destinations

New York -- Search engine rivals Google and Yahoo continue to rank one-two in the list of Internet search destinations, according to new research by New York-based Nielsen//NetRatings, a provider of Internet audience measurement services. In January, Google held a 39% market share, attracting more than 59 million unique users. That beat out Yahoo (30%, 46 million), MSN Search (30%, 45 million) and AOL Search (15.5%, 23 million). All told, 114.5 million Americans -- or 76% of the actice online U.S. population -- used a search engine during the month.
http://www.nielsen-netratings.com/pr/pr_040223_us.pdf
____________________________________________

o French Wireless Firm Alcatel Distributing New Mobile Game, Music Video Services

Cannes, France -- Alcatel, a French provider of applications for wireless network operators, on Tuesday announced a number of new wireless multimedia initiatives, including a multiplayer game and music video services. The company partnered with French wireless games firm BeTomorrow to launch "Xploded," which it says is the first Java-based mobile multiplayer game that supports up to 40 simultaneous players. In April, Alcatel and Korean wireless network SK Telecom will launch a photo-music-video service, allowing users to combine their own digital photos with music and video content that they can send to other cell phones or e-mail addresses. Finally, Alcatel partnered with Universal Mobile to jointly develop, promote and market new mobile multimedia services featuring Universal content. The companies said their efforts will result in the creation of video mailbox, video delivery portal and video ring back tone services. 
http://biz.yahoo.com/prnews/040223/lnm015_1.html
http://biz.yahoo.com/prnews/040224/uktu004_1.html
http://biz.yahoo.com/prnews/040224/uktu001_1.html 
http://www.betomorrow.com 
http://www.sktelecom.com/english 
http://www.alcatel.com

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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: 

> 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
 

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o Briefly Noted:

(Los Angeles) Gemstar-TV Guide International, a provider of electronic program guides for digital TV services, announced on Tuesday a multi-year licensing agreement with Japanese consumer electronics manufacturer Mitsubishi. Under the terms, Mitsubishi will pay undisclosed license fees to include Los Angeles-based Gemstar's program guides along with the digital televisions and digital video recorders it sells in North America. Other Gemstar licensees include JVC, LG, Panasonic, Philips, Samsung, Sharp, Sony and Thomson.
http://biz.yahoo.com/bw/040224/245510_1.html 
http://www.mitsubishi.com 
http://www.gemstartvguide.com

(Seattle) Corbis, a provider of online photography licensing services, announced on Tuesday that it has partnered with U.K.-based news organization Reuters, to develop new content, product lines and services. The deal will see Reuters' news photography and Corbis' commercial pictures and rights management services combined to create an online archive of images available for licensing by sports federations, sponsors, corporations and event organizers.
http://www.corbis.com 
http://www.reuters.com

(New York) Sony Music Entertainment announced on Tuesday that it partnered with chipmaker Intel to create a music video application that enables users to access music videos and other content on cellphones and PDAs powered by Intel chips and applications. Developed by Intel, Sony Music Mobile and Fremont, Calif.-based Emuzed, the application will become available in the second quarter on Intel processor-based cellphones running Microsoft Windows Mobile Smartphone software.
http://wireless.sonymusic.com 
http://www.emuzed.com

(Sioux Falls, S.D.) LodgeNet, a provider of in-room video-on-demand and other interactive entertainment services to hoteliers, announced on Tuesday the launch of a TV games channel, that will offer games licensed through agreements with Zone4Play and N2Digital.tv. Some of the TV GameRoom titles, which may be played using the television's remote control, will be stored on an on-site digital server within each hotel, while others will be offered through LodgeNet's TV Internet platform.
http://biz.yahoo.com/prnews/040223/cgm063_1.html 
http://www.lodgenet.com 
http://www.n2digital.tv

(Berlin) Wireless network operator T-Mobile and WOM Media Network have partnered to launch a legal music download store for German consumers. The site, which is a branch of the established download store Musicload, will sell tracks from labels including BMG, Edel Music, EMI, Kontor, Sony Music and Warner Music Germany for about $1.26 each.
http://www.t-mobile.de 
http://wom.musicload.de

(Foster City, Calif.) Sony Computer Entertainment America announced on Tuesday that it will release sequels to its "Jak and Daxter" and "Ratchet & Clank" series in the fall of 2004. Sony said that both franchises have eclipsed one million units sold worldwide. The "Jak and Daxter" sequel will be developed by Santa Monica, Calif.-based series creator Naughty Dog, while Burbank, Calif.-based Insomniac Games will once again serve as developer for the "Ratchet & Clank" sequel.
http://www.naughtydog.com 
http://www.insomniacgames.com

(Redwood City, Calif.) Video game developer and publisher Electronic Arts announced on Tuesday that it has signed an agreement with Japanese developer KOEI, to publish the company's "Samurai Warriors" title. Redwood City, Calif.-based EA said it will release the game for PlayStation 2 in May.
http://biz.yahoo.com/bw/040224/245529_1.html 
http://www.koei.com 
http://www.ea.com

(Minneapolis) ValuSoft, the value-priced PC game publishing unit of developer THQ, announced on Tuesday the release of "Initial D: Mountain Vengeance." The game is based on a license of the Japanese anime series "Initial D" from Tokyopop, a Los Angeles-based publisher of Japanese manga content in North America.
http://biz.yahoo.com/bw/040224/245588_1.html 
http://www.valusoft.com 
http://www.tokyopop.com 
http://www.geocities.com/go2initiald/main.html

(Calabasas Hills, Calif.) Game developer THQ on Tuesday released its "MX Unleashed" title for PlayStation 2 and Xbox. Developed by THQ's Phoenix-based Rainbow Studios, the motocross game will be supported by a nationwide marketing campaign that includes THQ's sponsorship of the THQ World Supercross GP/AMA Series.
http://biz.yahoo.com/bw/040224/245481_1.html 
http://www.thq.com 
http://www.rainbowstudios.com

(Fremont, Calif.) PC and video game accessories manufacturer Logitech on Tuesday released its USB Microphone accessory for Sony's PlayStation 2 video game console. The $19.99 device is designed for use with games such as Konami's "Karaoke Revolution."
http://biz.yahoo.com/bw/040224/245672_1.html 
http://www.logitech.com

(Miami) Video game accessories manufacturer Intec announced on Tuesday that it has secured a license from World Wrestling Entertainment (WWE) to create accessories for WWE's video game-related brands. The company plans to release game controllers branded with WWE properties including "RAW" and "Smackdown!"
http://www.wwe.com 
http://www.inteclink.com

(Dublin) TKO Software, a Santa Cruz, Calif.-based developer of video games, announced on Tuesday that it will establish its first international offices in Dublin, Ireland with the formation of TKO Software Limited. The developer of titles including "Medal of Honor: Allied Assault" also maintains offices in Dallas and Austin, Texas.
http://www.tko-software.com

(San Francisco) CNET News.com on Tuesday reported on a new crop of peer-to-peer file-sharing services that are attempting to provide greater privacy for their users -- mainly against copyright infringement lawsuits from the recording industry -- by "covering the tracks" of those who use the services. A service called Mute makes each individual PC on the network a "proxy" server, passing songs and search queries among them to create a more difficult trail to follow -- with the drawback of severely slowing down the network. Other services like Morpheus, Earthstation V, Blubster and Piolet have also implemented a range of tactics to help protect the privacy of their users.
http://news.com.com/2100-1027_3-5164413.html 

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> Classifieds:

> Senior Manager, Corporate Public Affairs - Washington, DC

Come work with a dynamic and talented team committed to providing the industry's best online grassroots and constituent management applications. Applicant will be responsible for managing the entire sales cycle from lead generation, to account strategy, to closing; should have demonstrated experience and success selling software or services to government relations, public affairs and/or public relations professionals; or have significant agency experience working with Fortune 1000 companies. Send resumes to salesjob@getactive.com
___________________ 

> Advertising Services CFO

Our client, a leading New England based Advertising Agency, is seeking a CFO. All candidates must have Financial Services experience working within a creative driven marketing services firm. Also, all candidates require a CPA and at least 10 plus years of professional experience. This marketing services firm has roughly 200 people and three, multi-state satellite offices. The CFO will have financial responsibilities for all and a small team of reports. This position is located in New England, not Boston, and will require 100% company paid relocation. Send resumes to info@market-search.net
___________________ 

> 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
___________________ 

>
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
___________________ 

> 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
___________________

> 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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