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April 2, 2004 --
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Main Stories
o Court
Decision Opens Door to More Cable Broadband Competition
o DVD
Copying Software Firm Appeals Court-Ordered Bans of its Products
o
Second Judge Rules RIAA Must File Separate "John Doe" Copyright
Suits
o U.S.
Indie Record Labels Look to Form Own Trade Group
o Electronics Retailer Circuit
City Buys Digital Music Firm MusicNow
o XM Satellite Radio Beats
Estimates, Reports 1.68 Million Subscribers
o Game Developer Union
Entertainment Raises $1.2 Million
> DMW Announcements:
--DMW Events
Games & Mobile Forum - Confirmed Speakers &
Pre-Registration
--Digital Media Law Report -
Available Now - Volume 2 - February/March > Featured
Advertisement:
--PricewaterhouseCoopers' Entertainment and Media Outlook
--Reach Federal Contractors Selling Technologies for Homeland Security
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o
Briefly Noted: The Pixies -
Disc Live, WorldSpace Satellite Radio - U.K.'s talkSPORT, Sports
sites' NCAA brackets, Microsoft's "Janus" device software - music
subscription services
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>
Job/Event/Marketplace Classifieds:
--Account Director - Direct
--PR Job Openings
--Media Director
--Advertising Sales Manager (Online/Print)
--National Account Executive
--Account Executive
--Business Development Directors
--Sales Executives
--April 8 - 60 Employers Conducting Interviews at TECHEXPO Top
Secret
--Contracting with the Department of Homeland Security Forum -
May 11-12
--IT Perm and Contract Placement Services
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o Court Decision Opens Door to More
Cable Broadband Competition
San Francisco -- In a decision that could play a huge role in the
future of broadband Internet services in the U.S., the Ninth Circuit
Court of Appeals in San Francisco on Thursday refused to reverse an
earlier ruling that would force major providers of cable Internet
access to share their infrastructure with smaller competitors, much
like telecommunications networks are shared today. The court in
October had ruled that the Federal Communications Commission erred
when it classified cable Internet as an information service instead
of a telecommunications service. The same court has now refused to
rehear the case. While consumer groups are hailing the ruling as a
victory for consumers, who could ultimately have their choice of
lower-cost providers, the National Cable and Telecommunications
Association, an industry trade group, urged further action. "While
we are disappointed with the Ninth Circuit ruling, we will urge the
FCC to seek U.S. Supreme Court review," the NCTA said in a
statement. "We believe that if and when the Ninth Circuit's decision
is given a full substantive review by the Supreme Court, it will be
reversed."
http://www.forbes.com/markets/newswire/2004/04/01/rtr1320513.html
http://www.ncta.com/press/press.cfm?PRid=468&showArticles=ok
_____________________________________________
o DVD Copying
Software Firm Appeals Court-Ordered Bans of its Products
St. Louis -- 321 Studios, the maker of DVD movie copying software
recently ordered by two federal judges to halt distribution of the
application, announced that it will appeal both court rulings. The
company filed appeals and emergency stay requests to both the United
States Court of Appeals for the Ninth Circuit (California) and the
United States Court of Appeals for the Second Circuit (New York).
Among 321's arguments on appeal will be that the Digital Millennium
Copyright Act, which prohibits circumventing copyright security on
media like DVDs, effectively denies consumers tools to exercise
their traditional "fair use" rights of such media. The next step in
the Second Circuit case will be a hearing on a motion for stay of
the injunction against 321 on April 13, while the Ninth Circuit will
first begin hearing briefs on June 18.
http://www.321studios.com/PRESS/4.1.2004.htm
http://makeashorterlink.com/?E15041CE7
_____________________________________________
o Second Judge
Rules RIAA Must File Separate "John Doe" Copyright Suits
Orlando, Fla. -- A second U.S. federal judge has ruled that the
Recording Industry Association of America (RIAA) may not lump
together its "John Doe" copyright infringement lawsuits against
alleged music file-swappers into a single action. The Federal
District Court in the Middle District of Florida ruled on Thursday
that the record companies suing 25 subscribers of Internet service
provider Bright House for copyright infringement must file separate
suits against each "John Doe" defendant. Last month, a federal judge
in Philadelphia came to the same conclusion, ruling the RIAA must
file 203 separate suits against Comcast subscribers. "Courts are
beginning to recognize that the record companies crusade against
filesharers is stepping on the privacy and due process rights of
those accused," said Cindy Cohn, legal director for the Electronic
Frontier Foundation (EFF).
http://www.eff.org/news/breaking/archives/2004_04.php#001360
http://makeashorterlink.com/?L38D22BE7
____________________________________________
o U.S. Indie
Record Labels Look to Form Own Trade Group
New York -- Over 150 U.S. independent record labels are negotiating
to form their own trade group to negotiate copyright and
distribution matters on behalf of members, The Financial Times
reported. Details for the group, whose working title is "American
Music Independents," will be discussed during meetings in New York
and Los Angeles this month. The group would give a voice to
independents not represented by the Recording Industry Association
of America (RIAA), whose members include the major record labels
Sony, BMG, EMI, Warner and Universal. U.S. independent record labels
represent approximately 13% of the world's $13 billion total music
sales, and about 30% of the online retail market. The proposed U.S.
group has consulted both the U.K.'s Association of Independent Music
(AIM) and Europe's Impala -- which represents 2,400 independent
labels -- on organizing the collective.
http://msnbc.msn.com/id/4631891
____________________________________________
o Electronics
Retailer Circuit City Buys Digital Music Firm MusicNow
Richmond, Va. -- Electronics retail store chain Circuit City
announced that it will purchase the assets of Chicago-based digital
music subscription service developer MusicNow (formerly FullAudio).
Financial terms of the deal were not disclosed. MusicNow operates
the digital music subscription services offered on websites for
Clear Channel-owned radio stations, and also markets its library of
400,000 tracks to Best Buy and SBC Yahoo DSL customers. Under the
deal, MusicNow will retain its current operations and staff, and
Circuit City will integrate the company's platform on its
CircuitCity.com site as well as within its 600 national Superstores.
http://biz.yahoo.com/prnews/040331/nyw057a_1.html
http://www.circuitcity.com
http://www.musicnow.com
____________________________________________
o XM Satellite
Radio Beats Estimates, Reports 1.68 Million Subscribers
Washington -- XM Satellite Radio, a provider of satellite-delivered
digital radio programming, announced that it added 320,000 net new
subscribers during the first quarter of 2003 -- a 230% increase over
the number added in the same period last year -- and now counts a
total of 1.68 million subscribers. The numbers beat analyst
estimates, which projected XM would add 259,000 subscribers during
the quarter. "This strong performance firmly positions the company
for its 2004 goal of more than 2.8 million subscribers by year's
end," said XM CEO Hugh Panero.
http://biz.yahoo.com/prnews/040401/dcth045_1.html
http://www.xmradio.com
____________________________________________
o Game
Developer Union Entertainment Raises $1.2 Million
Los Angeles -- Union Entertainment, a studio looking to develop both
feature films and video games, announced that it has raised $1.2
million in funding from Korean software developer Digital Tetra. Los
Angeles-based Union says it intends to focus on developing video
games based on big-budget Hollywood movies, and will develop games
to the point of playability -- or "demo" level -- before seeking
deals with game publishers. The company was founded in January 2003
by video game industry veteran Richard Leibowitz and film producer
Sean O'Keefe.
http://www.unionentertainment.com
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> DMW Events:
2nd
Annual
GAMES & MOBILE FORUM
April 15,
2004
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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".
KEYNOTE SPEAKERS
Greg Ballard -
CEO, Sorrent
John Welch - Chair, IGDA Online Games SIG,
VP, AtomShockwave
CONFIRMED
SPEAKERS
Eric Albert,
Business Development Manager,
Gameloft
Jeff Anderson -
President & CEO, Turbine Entertainment
Matthew Bellows - VP, Mobile
Entertainment, GameSpot
Matt Bromberg - GM, AOL Games
Gordon Bellamy - former
Exec. Dir.,
Academy of Interactive Arts & Science
Mike Cartabiano - President, Sennari Mobile
Greg Costikyan -
Chief Creative Officer, Unplugged Inc.
Lee Crawford - Editor, IGDA Mobile Games whitepaper
Ron DiNicola - Partner,
Mitchell Silberberg & Knupp LLP
Michael Dowling - VP,
Business Development, Nielsen Entertainment
Andrew Elliott - Head of Bus.
Dev. & Strategies,
Ent. &
Media,
Nokia Americas
Keith Ferrazzi - CEO, YaYa Media
Mark Friedler - CEO,
Gigex, Inc./GameDAILY LLC
Minard Hamilton - SVP, Sales & Brand
Partnerships, JAMDAT
Stewart
Halpern - Managing Dir.,
Digital Ent. Research,
RBC Capital Markets
Todd Herman -
Streaming Evangelist,
MSNBC.com
Mark Jacobstein -
President & COO, Digital Chocolate
Daniel James - Founder & CEO, Three
Rings Design
Scott Jensen - VP, Bus. Development, Media & Entertainment,
Mforma Group
Scott Johnson -
President, MENT (Mobility
Entertainment)
Garry Kitchen -
President/CEO, Skyworks Technologies, Inc.
Joseph Laszlo - Senior Analyst, Broadband & Wireless,
Jupiter Research
Misha Lyalin - CEO, Reaxion Corp
Matt Railo - Partner, IP & Technology, Mitchell Silberberg &
Knupp LLP
Brian Robbins - Editor, IGDA Downloadable Games whitepaper
Jason Rubinstein -
GM, Ubi.com, Ubisoft
Don Ryan - Studio Manager, Microsoft's Zone.com
Mika Salmi,
CEO,
AtomShockwave
Dan Scherlis - CEO, Etherplay
Mike Skagerlind -
SVP & GM, Nickelodeon Online
Alex St. John - CEO &
Co-Founder, Wild Tangent
Jeff Tunnell - Founder & Chief
Creative Officer, GarageGames
Joseph Varet - Vice President, Groove Alliance
Gabe Zichermann - VP, Strategy &
Communications, Trymedia Systems
REGISTRATION
Pre-Registration: $ 295 (until April 9)
Registration: $ 395 (after April 9)
Online :
http://kb.digitalmediawire.com/register.php?eventid=1060
Phone: 323-822-0936
To
submit speakers for the 2004 conferences, please send a bio and
photo (optional) to Tinzar Than, VP, Marketing & Events, Digital
Media Wire, Inc. at
tinzar@digitalmediawire.com.
Digital
Media Law Report
New Featured Section
- Volume
2 - 2004
We are pleased to announce that we have added a "Featured
Section" to Digital Media Law & Policy Report.
We will use this
section to provide in depth coverage of certain cases, events and
policy developments each month.
This month's featured coverage includes reports on
the
transcript of Ned Sherman's interview of RIAA General Counsel
Steven Marks at Digital Music Forum in New York City on March 1.
Subscriptions
-
Order
Volume 2 - February/March 2004 Report - 43 pages
-
Order
Past Events
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Sponsorship Materials
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Partners & Clients
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> Featured Advertisement:
> PricewaterhouseCoopers' Entertainment and Media Outlook
Purchase the book every entertainment and media executive must
have. The PricewaterhouseCoopers' Entertainment and Media
Outlook: 2003-2007 analyzes key trends and forecasts spending in
the U.S. and Canada across 14 industry segments, including a
Global Overview that forecasts spending and analyzes trends
worldwide (also sold separately).
More
Information
___________________
> Reach Federal Contractors Selling Technologies for Homeland
Security
The 2003-2004 Directory of Homeland Security has complete
listings for 532 companies selling technologies and services
devoted to homeland defense. Nearly all major federal contractors
are included in the section, which includes company names, key
personnel, addresses, phone and fax numbers, urls, annual
revenues, number of employees, business sector, general
descriptions and homeland security relevance. To order the
2003-2004 edition,
click here.
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o Briefly Noted: ((New York)
Indie rock titans The Pixies have announced that they will release
live recordings from all 15 dates of their upcoming reunion tour
through Disc Live, a Clear Channel-owned service that provides live
CD recordings of the performance that concertgoers have just
witnessed for sale immediately following the show. New York-based
Disc Live said it will produce a limited edition of 1,000 copies of
each performance, with 500 already available for pre-order online
and the rest reserved for concertgoers to purchase at each venue.
http://www.pixies4ad.com
http://www.disclive.com
(Washington) WorldSpace Satellite Radio, provider of an
international satellite radio service targeting Europe, Asia, the
Middle East and Africa, said on Friday that it has added U.K. sports
talk radio station talkSPORT to its offering. The station reaches 6
million listeners weekly with its coverage of football, cricket,
golf and other areas.
http://www.worldspace.com
(San Francisco) Wired News on Friday reported on the huge traffic
boosts seen at sports sites including CBS SportsLine.com, ESPN and
Yahoo Sports during the NCAA Men's Basketball Tournament this year,
and the record 3 million combined participants who entered
tournament "bracket" contests at the three sites. The sites also
reported a combined 20 million unique visitors during the first week
of the tournament. In addition to the ubiquitous illegal office
pools offering cash pots for those who pick the most winners, sports
sites are offering as much as $10,000 in prizes through their online
bracket games.
http://www.wired.com/news/culture/0,1284,62909,00.html
(San Francisco) CNET News.com on Friday reported on how Janus,
Microsoft's planned software for portable media devices, could bring
new viability for online music subscription services. Janus will add
a hacker-resistant clock to portable music players, allowing tracks
rented on subscription services that would eventually time-out to be
downloaded onto the devices. Manufacturers including Gateway,
Samsung and Creative have said they plan to release devices that
support Janus. However, the notion of paying a monthly subscription
for songs which aren't owned, and disappear once a subscription
lapses, may not entice the mass market. "I think we're really at the
stage for the next few years where (subscription) music services are
for music aficionados, not for the mass audience," Jupiter
Research's David Card told News.com. "There are not enough of them
that this is going to be a $10 billion business anytime soon."
http://news.com.com/2100-1027_3-5183692.html
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>
Classifieds:
> Account Director - Direct
A major DM marketing consulting firm is searching for an
Account Director with a history of agency services and strong
knowledge of running ROI management. The right candidate will
have team management, business development within a noted direct
marketing agency and a history of making recommendations for CRM
solutions to blue chip clients. Salary: $100k+ Send resumes
info@market-search.net
___________________
> PR Job Openings
Job responsibilities include keeping abreast of all current
events related to industries served; working with team members to
secure meetings for clients at trade shows and/or industry
conferences; creating briefing books, confirmation letters and
conducting follow-up for all client press/analyst interviews;
handling client's press release distribution, i.e., Business Wire
or PR Newswire, as well as tracking clips; and updating media
lists. Candidates should have a B.S./B.A. or 1-2 years of exp. in
PR or a related field. Please send your resume to PAN Human
Resources Department at
hr@pancomm.com
_________________
> Media Director
Our client, a known national creative shop, is seeking an
experienced on-line Media Director. This position requires a
candidate with ten plus years of agency experience working on
national, on-line accounts. Traditional background is a plus as
well. Strong history of making strategic recommendations to the
clients is preferred. Strong team leadership experience is
required. Send resumes to
info@market-search.net For more info, visit
http://www.market-search.net
_________________
> Advertising Sales Manager (Online/Print) - Gantthead Media-
Fairfax VA
Sell online advertising, email, direct mail lists, newsletters.
You have 2 plus yrs exp. selling Internet advertising (req), BA/S
degree, B2B agency/account contacts, you can identify, pursue,
and close deals. Creative, autonomous work environment.
Impressive client list just waiting to be expanded. Package:
salary, commission, bonuses, benefits. Please send resume to
dave@gantthead.com. EOE,
M/F/V/D.
_________________
> National Account Executive
We are seeking quality sales professionals to join our winning
team. This aggressive self-starter will possess: min 7 years
sales experience, successful track record of quota achievement,
prospecting skills, strong presentation, writing and proposal
development skills, experience selling to C-level decision
makers, solid understanding of strategic selling concepts. Don't
tie up our sales lines with incoming calls - if you are the right
person - email your resume and salary history to
linda@boxwoodtech.com
_________________
> Account Executive
Communique Conferencing, Inc., a rapidly growing Audio and Web
conferencing services provider, is seeking experienced sales
executives to sell our award winning conferencing services to
commercial businesses. Candidates should have 2-5 years B2B sales
experience and able to effectively prospect, qualify and & close
new sales opportunities. Visit
http://www.communiqueconferencing.com Send resumes to
careers@ccimeet.com
_________________
> Business Development Directors
Multimax, a rapidly growing Federal IT services and solutions
company, seeks multiple experienced, aggressive and ambitious
business developers. Bring your successful track record and
market savvy to our team in return for generous compensation,
outstanding benefits, and a significant role in the company's
continued growth. Work out of your home or our Maryland
headquarters. Visit
http://www.multimax.com Send resumes in confidence to
HRmd@multimax.com
___________________
> Sales Executives
Allied Telecom Group, a rapidly growing regional broadband and
metro Ethernet provider, is seeking experienced sales executives
to sell our Internet and transport solutions to organizations in
the DC metropolitan area. Allied is a customer-focused company
that values integrity and excellence in all that we do. We
provide an aggressive compensation and benefits package. Please
send resumes to
excellence@alliedtelecom.net
___________________
> April 8 - 60 Employers Conducting Interviews at TECHEXPO Top
Secret
Interview with Boeing, Titan, Lockheed Martin, AT+T, General
Dynamics, L-3, Booz Allen & Hamilton, Northrop Grumman,
DigitalNet, ITT, & 50 more on Thurs April 8, 10am-4pm at the BWI
Marriott, 1743 W. Nursery Rd., Baltimore. Free Admission to the
job fair. Security clearance required to attend. View job
postings & register for the event (even if unable to attend) on
http://www.TechExpoUSA.com Send inquiries to
Marketing@TechExpoUSA.com
___________________
> Contracting with the Department of Homeland Security Forum -
May 11-12
BNA's 2nd Annual Contracting with the Department of Homeland
Security forum will feature the CIO from the Transportation
Security Administration and the Department of Homeland Security,
and at least five other top officials at the Department on
Homeland Security and more!
Last year's sold-out forum had an overwhelming response, so
register today at:
http://www.homeland-conference.com/
___________________
> IT Perm and Contract Placement Services
Technical Staffing Solutions specializes in recruiting the hard
to find candidates with or without high level DoD security
clearances. We can provide your firm with solutions ranging from
1 permanent employee to a team of technical consultants for the
duration of your short or long term engagement. Send inquiries to
Skip Kearnes at
skearnes@techstaffsolutions.com or call 703-451-3882
for more information.
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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
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Digital Media Wire, Inc. is part of the Tech Wire Media Group, an
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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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Publications, Events & Information
Executive & Editorial Team
Chief Executive Officer: Ned Sherman
VP, Marketing & Events: Tinzar Than
Editor: Mark Hefflinger
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Copyright 2004 Digital Media Wire, Inc. All Rights Reserved.
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