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

Main Stories
o RIAA Drops "Clean Slate" File-Swapper Amnesty Program
o Report: Weak Console Sales Push Video Game Market Down 1% for Q1 2004
o Report: 21% of U.S. Downloaders Have Grabbed Feature-Length Film
o Online Gaming Platform Developer Xfire Raises $5 Million
o News Video Digital Distribution Provider The NewsMarket Raises $4 Million


 > DMW Announcements
  --Digital Media Law Report - Available Now - Volume 2 - February/March

 > Featured Advertisement:
 --PricewaterhouseCoopers' Entertainment and Media Outlook
 

o Briefly Noted: Gotuit Media - Universal Music Group, OverDrive - smartphones, RealNetworks - Google, GSN - Time Warner Cable - iTV, RealNetworks - Heineken, ETV, MovieFlix.com, INgrooves, Sony Computer Entertainment America - "EyeToy: Groove," Xbox Live - The Strokes, Sorrent - Nickelodeon - Spike TV, Electronic Arts, Midway Games - Geffen Records, Nintendo - Game Boy Advance Video, Sammy Studios, Take-Two Interactive, War Child Music - downloads for charity

 
> Job/Event/Marketplace Classifieds:
--Infrastructure Sales Executive
--Sr. Account Executives
--Financial Analyst/Data Guru
--Junior Contracts Administrator
--GuideStar.org Director, Business Development - New York, NY
--AvcomEast - App Performance and Lifecycle Solutions Seeks Sales People
--Account Director - Direct
--IT Perm and Contract Placement Services
--Advanced Selling for High Tech Professionals
--2nd Annual BNA Contracting and Homeland Security Forum -- May 10-12
--Reach Federal Contractors Selling Technologies for Homeland Security
--Stay Ahead Of The Competition With The Kiplinger California Letter
 


o RIAA Drops "Clean Slate" File-Swapper Amnesty Program

Washington, D.C. -- The Recording Industry Association of America (RIAA) has ended its amnesty program, which offered admitted online music swappers the chance to avoid being sued by record companies, the Associated Press reported on Tuesday. The RIAA launched its "Clean Slate" program in September, and has since filed copyright infringement lawsuits against thousands of individual suspected file swappers. Under the amnesty program, the RIAA vowed not to sue individuals who admitted in writing that they had shared music filed online and pledged to delete the files from their computers. A Calif. man then filed suit against the RIAA for fraudulent business practices for promoting the program, arguing that the program did not constitute a legal promise not to sue participants. In recent court papers, the RIAA asked for the suit to be dismissed, as it had recently ended the Clean Slate program, deeming it "no longer necessary or appropriate." The RIAA said a total of 1,108 admitted file-swappers had signed up for the program, the terms of which will still be honored for those participants.
http://makeashorterlink.com/?Z3D925318 
http://news.com.com/2100-1027_3-5195301.html
http://makeashorterlink.com/?J48922418 
http://www.riaa.com
_____________________________________________

o Report: Weak Console Sales Push Video Game Market Down 1% for Q1 2004

Port Washington, N.Y. -- Weak sales of video game console hardware and portable game software during the first quarter of 2004 pushed the industry's overall sales for the period down 1% to $1.8 billion, according to data from market research firm NPD Group. Although sales of consoles like the PlayStation 2 and Xbox were down 25% for the quarter, sales of games and accessories for the devices were up 7% and 10%, respectively. "Most of the consumers in this industry have had their video game hardware for some time now, so a slight decrease in sales is to be expected," said NPD Group senior games analyst Richard Ow. "What will keep consumers coming back for more is the continued development of top-notch software titles, as well as accessories designed to enhance game play."
http://www.npd.com/press/releases/press_040420.htm  ____________________________________________

o Report: 21% of U.S. Downloaders Have Grabbed Feature-Length Film

New York -- In a sign that films are becoming more popular on peer-to-peer networks, one-fifth (21%) of U.S. downloaders aged 12 and older reported having downloaded a feature-length film over the Internet, according to a survey conducted in late 2003 by marketing research firm Ipsos-Insight. Further, nearly one out of ten (9%) had done so in the past 30 days. "Clearly, digitally experienced Americans are beginning to demand increasingly diverse formats of entertainment to be available via the Internet," said Ipsos-Insight senior analyst Matt Kleinschmit. The survey also found that nearly two-fifths (38%) of American downloaders have downloaded a music video from the Internet, with 15% reporting having done so in the last 30 days.
http://www.ipsos-na.com/goto.cfm?id=2137
____________________________________________

o Online Gaming Platform Developer Xfire Raises $5 Million

Menlo Park, Calif. -- Xfire, a developer of online game platforms formerly known as Ultimate Arena, announced that it has raised $5 million in new funding in a round led by New Enterprise Associates. Previous investor Draper Fisher Jurvetson also participated in the company's third round. Menlo Park, Calif.-based Xfire plans to use the capital to support its service of the same name, which is designed to automatically keep track of when and where gamers are playing PC games online and allows friends to easily join in. Over 350,000 people in 100 countries have downloaded Xfire since its beta launch in January.
http://makeashorterlink.com/?D5FB45118
http://www.ultimatearena.com/games/home.jsp
____________________________________________

o News Video Digital Distribution Provider The NewsMarket Raises $4 Million

New York -- The NewsMarket, a video archive and distribution platform that enables the news media to access free, broadcast-standard video over the Internet, announced on Tuesday that it has raised $4 million in its second round of venture capital financing. Investors in the round included Apax Partners, The Hearst Corporation and Boldcap Ventures. New York-based NewsMarket's service is used by customers including Intel, Yahoo and the U.S. government to distribute video to journalists, enabling them to digitally download footage for their reporting. The company will use the funds to launch more advanced video search and delivery tools and to accelerate sales and marketing globally.
http://makeashorterlink.com/?I2BA31418

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> Featured Advertisement: 

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.  

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Volume 2 - February/March 2004 Report - 43 pages - Order


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
 

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o Briefly Noted:

(Andover, Mass.) Gotuit Media, a provider of video-on-demand services for digital cable TV providers, announced on Tuesday an agreement with Universal Music Group to offer music videos from Universal artists. Massachusetts-based Gotuit said a test of the service is currently underway with a cable operator, and will eventually offer viewers the ability to view genre-specific channels of videos in addition to programming their own channels with video selections.
http://www.gotuit.com/press/releases/030104.html 
http://www.umusic.com

(Cleveland, Ohio) OverDrive, a developer of e-book lending services for public and university libraries, announced on Tuesday that it has launched a new service that allows e-books to be borrowed and read on smartphones made by Motorola, Samsung and Nokia, in addition to virtually all PDAs. The titles are encoded in the Mobipocket media format, and will initially be made available to patrons of the Cleveland Public Library system through its CLEVNET Digital Library Connection.
http://www.overdrive.com 
http://www.mobipocket.com 
http://dlc.clevnet.org

(Seattle) RealNetworks announced on Tuesday that it has partnered with search engine firm Google, and will bundle the Google Toolbar application with downloads of its Real Player 10 software. The software allows users to search Google from any Web page and block unwanted pop-up ads.
http://biz.yahoo.com/prnews/040420/sftu096_1.html 
http://toolbar.google.com

(Santa Monica, Calif.) Cable TV's Game Show Network (GSN) announced on Tuesday the launch of a trial of one-screen interactive TV applications with Time Warner Cable's 388,000 subscribers in Hawaii. Powered by Los Angeles-based GoldPocket Interactive, the interactive TV applications will enable viewers to use their remote controls to play along with ten GSN programs, including "Who Wants to be a Millionaire," "Family Feud" and "World Series of Blackjack."
http://www.oceanic.com 
http://www.goldpocket.com 
http://www.gsn.com

(Seattle) RealNetworks, a provider of media delivery technology and digital music services, announced on Tuesday that it has partnered with Heineken to offer free music downloads through its RealPlayer Music Store. Beginning May 1, specially marked 12-packs of Heineken will include a unique code redeemable for two free music downloads. Heineken will promote the offer with a national TV, print, radio, online and in-store campaign.
http://biz.yahoo.com/prnews/040420/sftu092_1.html 
http://www.real.com

(Hollywood) ETV, a provider of Internet video-on-demand, announced on Tuesday that it will offer users free downloads of three feature-length classic Hollywood films, in a test of its soon to launch $0.99 movie download subscription service. The films "Road to Bali," (Bob Hope) "Charade" (Cary Grant, Audrey Hepburn) and "Suddenly" (Frank Sinatra) will be offered for free download until May 1. Hollywood-based ETV also plans to offer 24/7 streaming broadband channels for classic sports, extreme sports, religion, self-help and cooking.
http://biz.yahoo.com/bw/040420/205505_1.html 
http://www.etv-networks.com

(Hollywood) MovieFlix.com, operator of an online movies-on-demand subscription service, said on Tuesday that it now claims over 10,000 subscribers for its $6.95 per month service. Hollywood-based MovieFlix offers a library of 3,000 full-length movies, short films, independent films and television shows for streaming via the Windows Media Player or Real Player.
http://www.movieflix.com

(San Francisco) INgrooves, an online record label, announced on Tuesday the release of its INgrooves Digital Music Access application, which allows artists and labels to view and manage their music for sale on all leading digital music retail services. The software is currently available to artists and labels that have signed with INgrooves, but the company also has plans to license the software in the future.
http://www.ingrooves.com

(Foster City, Calif.) Sony Computer Entertainment America on Tuesday announced the release of "EyeToy: Groove," the latest title designed for use with its EyeToy USB camera accessory for PlayStation 2. The game, developed at Sony's London studio, allows players to dance in time with one of 28 licensed tracks from artists including Elvis, Madonna and Fatboy Slim, and be judged according to technique, style and timing. Multiplayer mode also allows players to dance together and be judged separately. Separately, the company also announced the release of "SIREN" for PlayStation 2. The survival-horror title, which draws from Japanese folklore, was developed jointly by Sony Computer Entertainment Japan and Sony Computer Entertainment America's Santa Monica Studios.
http://www.us.playstation.com/pressreleases.aspx?id=192
http://www.us.playstation.com/pressreleases.aspx?id=191

(Redmond, Wash.) Microsoft announced that the latest musical act to participate in its "Game with Fame" promotion, where musical artists including OutKast and Hoobastank have challenged Xbox owners to online games via Xbox Live, will be The Strokes. The band will be on Xbox Live on April 27, offering to compete against fans and other gamers in "Top Spin" or "ESPN Major League Baseball."
http://www.xbox.com/en-us/news/events/gamewithfame-thestrokes-main.htm

(San Mateo, Calif.) Mobile game developer Sorrent announced on Tuesday deals to create wireless applications for two Viacom-owned cable TV networks, Nickelodeon and Spike TV. For Nickelodeon, Sorrent will publish mobile applications based on "everGirl," the network's new brand that encompasses a website, pop music and a customized line of apparel and accessories targeted at the "tween" girl demographic. San Mateo, Calif.-based Sorrent will also develop games based on Spike TV's new "Ren & Stimpy Adult Party Cartoon." "Ren & Stimpy Pinball" is now available for Sprint PCS Vision subscribers.
http://www.sorrent.com 
http://www.evergirl.com 
http://www.spiketv.com

(Redwood City, Calif.) Video game developer Electronic Arts announced on Tuesday that former University of Pittsburgh wide receiver Larry Fitzgerald will be the cover athlete for its "NCAA Football 2005" title for PlayStation 2, Xbox and GameCube. The game, whose predecessor sold 1.6 million units, is slated for release in July. Redwood City, Calif.-based EA also announced that Swedish developer Digital Illusions is currently at work on a sequel to its popular "Battlefield 1942" PC title. "Battlefield 2" is slated for release in the spring of 2005.
http://biz.yahoo.com/bw/040420/205602_1.html
http://biz.yahoo.com/bw/040420/205373_1.html 
http://www.ncaafootball05.com 
http://www.battlefield1942.com

(Chicago) Game developer and publisher Midway Games said on Tuesday that it partnered with Geffen Records to promote its upcoming title "Psi-Ops," scheduled for release in June for PlayStation 2 and Xbox. Geffen artist COLD created a track specifically for the game, a video for which is available on the game's website.
http://biz.yahoo.com/bw/040420/205125_1.html 
http://www.geffen.com 
http://www.psiopsgame.com

(Redmond, Wash.) Nintendo of America announced on Tuesday that episodes of the "Pokemon" animated TV series will be offered for the soon to be released Game Boy Advance Video accessory, which enables playback of video embedded on Game Boy Advance cartridges. Nintendo's $19.99 packs of "Pokemon" episodes will be offered alongside animation titles published by Majesco -- developer of the video accessory device -- based on Nickelodeon, 4Kids Entertainment and Cartoon Network original programs.
http://www.nintendo.com 
http://www.gba-video.com

(Carlsbad, Calif.) Sammy Studios, the U.S. game development arm of the Japanese pinball game manufacturer, has announced the slate of titles it will display at next month's Electronic Entertainment Expo game convention in Los Angeles. In addition to "Darkwatch," the company's first internally-developed title, Sammy will showcase titles including "Spy Fiction," "Iron Phoenix," "Guilty Gear Isuka" and "The Shield," based on the FX network crime drama series.
http://www.sammystudios.com

(New York) Game publisher Take-Two Interactive on Tuesday shipped versions of its "Manhunt" title for Xbox and the PC to retailers. The title was developed by Rockstar North, the team behind the company's "Grand Theft Auto" franchise.
http://biz.yahoo.com/bw/040420/205131_1.html
http://www.rockstargames.com/manhunt

(London) War Child, an international charity benefiting children affected by the horrors of war, has announced the launch of a music download store that will offer exclusive live, remixed and unreleased tracks for sale, with all proceeds going to the charity. The U.K. site will charge $1.77 per track or $6.26 for a monthly subscription; the initial roster of artists contributing to the store includes Travis, Badly Drawn Boy and Spiritualized. 
http://www.warchildmusic.com

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> Classifieds:

> Infrastructure Sales Executive

Systems Alliance is a Baltimore-based technology co. Position reports to V P Sales and proactively markets tech infrastructure incl. servers and storage. Responsibilities incl. dev. pipeline of infrastructure opportunities & participating in dev. of configs. Tech skills req'd are knowledge of various network environments & architectures. 5+ yrs selling complex tech solutions ideal. See sysalli.com/Careers/JobPostings.html for more information. Send resumes to pchapman@systemsalliance.com
 ____________________

> Sr. Account Executives

You will be the primary person on our new accounts, and direct and execute our programs. You will contribute to strategy, and be responsible for media relations, analyst programs, industry outreach, as well as customer profiles. Successful candidates will have at least 4 years of agency or relevant industry experience. You will have excellent track records with PR programs, superior placements in business and technology press, top-notch writing and pitching know-how and a strong grasp of technology markets. Please send your cover letter and resume to jobs@corporateink.com The pitch should tell us why you're the person we're seeking. For more visit http://www.corporateink.com
 ____________________

> Financial Analyst/Data Guru

Looking for financial analyst/associate(s) from a consumer finance institution possessing hands-on, operational experience in/with customer loan portfolio optimization, customer acquisition and retention, and financial analysis around funding and/or marketing decisioning. Ideal candidates will possess 4 -7 years' experience with loan portfolio analysis and data mining. All correspondence is handled on completely confidential basis. Send resumes to lyamson@ctnet.com
___________________

> Junior Contracts Administrator

Seeking a hands-on person to perform day-to-day activities that includes monitoring and ensuring compliance with contract terms, processing amendments and modifications and other contract related actions. AA/BS degree, 1-2 yrs experience in government contracting environment. Knowledge of FARs and GSA Schedule desirable. Strong communication skills, knowledge of MS Office. Law degree a plus. Competitive benefits program. Salary $40K-$45K. Submit salary history with resume. Send resume to aalexis@hazmed.com
___________________

> GuideStar.org Director, Business Development - New York, NY

We seek an ambitious Dir, Bus. Development to market our products & services in the Northeast. Required: Excellent organizational & communication skills, 5+ years exp. in sales & marketing, BA degree or equiv. in Business or Marketing, proven record of achieving sales goals, proficiency in MS Office & ACT! (or similar CRM software). Work from a N.Y. City home office with frequent travel in the Northeast U.S. Send cover letter & resume to businessjobs@guidestar.org, fax 757-229-3482. Visit http://www.guidestar.org  EEO
___________________

> AvcomEast - App Performance and Lifecycle Solutions Seeks Sales People

AvcomEast is a Solutions Provider focused on delivering Application Infrastructure Solutions to their customers. They are experiencing explosive growth and are expanding their presence in the Mid-Atlantic area. AvcomEast is seeking team players to grow with their profitable debt-free company. Immediate openings exists for inside and outside sales people to focus on and support their solution sales efforts. "box kickers" need not apply. Send resumes to jobs@avcomeast.com
___________________

> 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
___________________

> 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.
___________________

> Advanced Selling for High Tech Professionals

Are Sales Cycles getting longer?  Are your discounts getting larger? Do prospects keep you at arms length? The Sandler Sales Institute of VA has a GUARANTEED program for High Tech Professionals that will help you to solve these problems. Held at Virginia's Center for Innovative Technology, May 13th and 14th, 8:30am- 4:30pm. Admission is $995.00. For more information visit: http://www.sandlersalesguru.com or call 866-904-0600. Send inquiries to kevin@sandlersalesguru.com
___________________

> 2nd Annual BNA Contracting and Homeland Security Forum -- May 10-12

Homeland security forum speakers from the Department of Homeland Security:
include Steven Cooper, CIO; Josh Filler, Director of the Office of State
and Local Government Coordination; David Bolka, Director of HSARPA;
Gregory Rothwell, Chief Procurement Officer; Kevin Boshears, Director,
Office of Small and Disadvantaged Business Utilization; Hugo Teufel,
Associate General Counsel for General Law; and Patrick Schambach, CIO,
Transportation Security Administration. Info/Registration:
http://www.homeland-conference.com/
___________________

> 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.
___________________

> Stay Ahead Of The Competition With The Kiplinger California Letter

To get ahead, you need to look ahead. The Kiplinger California Letter provides economic and financial advice and guidance for anyone with business investments, or residence interest in California. In-state reporters provide on-the-scene perspective, while a D.C. editor adds the federal angle on Washington developments that affect the state. An annual subscription includes 24 bimonthly issues, delivered by mail or online. Review the current issue FREE at: http://www.kiplinger.com/partners/baytech/kcl/

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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.

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