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June 03,
2005 --
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Main Stories
o Judge
Denies Bertelsmann Motion to Dismiss in Napster Investor Lawsuit
o MPAA
Files Fifth Wave of Lawsuits Against Suspected Movie File-Swappers
o Sony
Cracking Down on European PSP "Parallel Importers"
o
Violent Video Game Ban Stalls in California Assembly
o Apple Launches Free iPod
Recycling Program
o Report: U.S. Broadband
Penetration to Increase Sharply by 2010
o
Blog Search Engine Feedster Closes First Round of Funding
o
Briefly Noted: HP - iPod mini,
RealNetworks - White Stripes, The Orchard - Latin labels - Beon.com,
The Open 3D Project, InterVideo, Ring Factory - Take-Two
Interactive, AOL.com - free portal
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Job/Event/Marketplace Classifieds:
--Sales Manager
--Digital Music Counsel
--Vice President/Media Director
--Sr. Product Manager
--Internal Communications/ Strategic HR Consultant
--Channel Sales Director
--IT Solutions and Services Sales - Financial/Insurance
Vertical
--Information Architect
--Senior Java Developer
--Systems Engineer
--Sr. J2EE Developer
--Director, IT Planning and Program Management - Biotech
--Telecommunications Marketing Associate
--Strategic Communications Group Offers Blog Relations Counsel
--iPath Technologies, Inc. Adds Juniper Netscreen Training to
Curriculum
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o Judge Denies Bertelsmann Motion to
Dismiss in Napster Investor Lawsuit
San Francisco -- The federal judge presiding over a lawsuit
brought by major record labels against early Napster investors,
including fellow label-owner Bertelsmann, has denied a Bertelsmann
motion to dismiss the case, moving it a step closer to trial, the
Los Angeles Times reported. The lawsuit alleges that Bertelsmann,
venture capital firm Hummer Winblad and others who invested nearly
$100 million in the early version of Napster contributed to the
large-scale copyright infringement committed by users of the
file-sharing software. In light of the original Napster's
bankruptcy, the labels went on to seek recourse from the company's
deep-pocketed investors, for copyright infringement damages from
illegal downloads. Additionally, U.S. District Court Judge Marilyn
Hall Patel's ruling on Wednesday determined that Napster's offering
of a centralized song index did not itself constitute copyright
infringement, meaning labels must now provide specific evidence of
files uploaded or downloaded by individual Napster users in order to
claim damages. "We are extremely pleased with yesterday's ruling,
which confirms that the simple indexing of file titles does not
constitute an act of copyright infringement without evidence that
actual files have been transferred," Bertelsmann attorney R. Bruce
Rich told the Times. However, in the course of the labels'
successful initial litigation against Napster, they served Napster
with hundreds of thousands of "takedown" notices citing instances
where songs were uploaded by users. "This will ultimately result in
significant liability for Bertelsmann," Universal Music's Peter
LoFrumento told the Times.
http://www.latimes.com/business/la-fi-napster3jun03.story
_____________________________________________
o MPAA Files
Fifth Wave of Lawsuits Against Suspected Movie File-Swappers
Los Angeles -- The Motion Picture Association of America (MPAA)
announced yesterday that it has filed its fifth round of lawsuits
against suspected Internet movie file-swappers. The MPAA did not
divulge the number of individuals targeted or where they resided.
The announcement comes a week after a joint FBI and Customs
Enforcement action -- aided by the MPAA -- shut down Elite Torrents,
a BitTorrent peer-to-peer file-sharing website that was offering
links to copies of the new "Star Wars" movie for download. "There is
something very disturbing about the fact that major blockbuster hits
such as Star Wars III are available illegally on the Internet before
they are even released in movie theaters," said John G. Malcolm,
MPAA senior vice president and director of worldwide anti-piracy.
"While we don't like suing individuals and would prefer to see
people spend their money buying movie tickets, buying or renting
legal DVDs or enjoying films through a legitimate video-on-demand
service, rather than spending their money hiring lawyers, we will go
as many rounds as these Internet movie thieves want until we knock
out every last one."
http://mpaa.org/MPAAPress/2005/2005_06_02b.doc
____________________________________________
o Sony Cracking
Down on European PSP "Parallel Importers"
London -- Sony has begun cracking down on "parallel importers"
who are buying U.S. and Japanese versions of its PSP handheld video
game devices and selling them at a premium in the U.K., where the
device is not slated for release until Sept. 1, Reuters reported. A
shortage of the devices prompted Sony to delay the release of the
PSP in Europe by six months. Sony has sent at least one
cease-and-desist order, to British retailer ElectricBirdLand, which
told Reuters it has sold several hundred PSPs. "All we offer is the
one thing Sony has failed to do, and that is to give the customer
exactly what they want, when they want it," ElectricBirdLand
managing director Dan Morelle told Reuters. "The law is clear, and
the activity of parallel importing of PSP products from the
U.S./Japan is unlawful," said a Sony spokesman. "It should be
clearly understood that under no circumstances does Sony Computer
Entertainment consent to such activities."
http://tinyurl.com/7nkw6
http://www.electricbirdland.co.uk
____________________________________________
o Violent
Video Game Ban Stalls in California Assembly
San Francisco -- A bill in the California state Assembly that
would have restricted the sale of violent video games to minors in
the state has been shelved, Reuters reported on Friday. Authored by
Assemblyman Leland Yee, the bill passed the Assembly's arts
committee last month. "We've put it in the inactive file," Yee's
aide Adam Keigwin told Reuters, adding that the bill did not have
enough votes to pass the full Assembly. "Dr. Yee is committed to
this issue, but he wants to build more support for this bill."
Similar laws have been consistently struck down by a number of
courts as unconstitutional on First Amendment free speech grounds.
http://tinyurl.com/85t95
____________________________________________
o Apple
Launches Free iPod Recycling Program
Cupertino, Calif. -- Apple on Friday announced a free recycling
program for its iPod digital music player, enticing owners of the
devices to bring them to Apple retail stores for
environmentally-friendly disposal and a 10% discount toward the
purchase of a new iPod. In connection with a class-action lawsuit
against Apple over the iPod's battery life -- which the company
initially claimed would last for the lifetime of the device -- some
environmental groups had complained that discarded iPods and their
potentially toxin-leaking batteries were ending up in landfills. The
announcement regarding iPod recycling comes a day after Apple agreed
to settle the class-action suit, and provide $50 vouchers and
extended warranties to older-generation iPod owners whose batteries
have died. Apple added that iPods received for recycling will be
processed domestically, with no hazardous material to be shipped
overseas.
http://biz.yahoo.com/prnews/050603/sff033.html
http://www.apple.com/environment
____________________________________________
o Report: U.S.
Broadband Penetration to Increase Sharply by 2010
New York -- Despite a relatively small increase in the overall
online population over the next five years, the number of U.S.
consumers with broadband is expected to grow from slightly under
half of households to about 78% by the end of 2010, according to a
new report from JupiterResearch. "With a clearer value proposition
and increasingly reasonable prices, the question people ask
themselves is shifting from 'why would I get broadband?' to 'why
wouldn't I get broadband?'" said Joe Laszlo, research director at
JupiterResearch. The firm said that the U.S. broadband market will
remain a closely contested race between cable modem and phone
line-based DSL services, with other technologies relegated to
relatively minor roles. Cable, however, is expected to remain the
leading residential broadband technology in the U.S.
http://makeashorterlink.com/?K3D92113B
____________________________________________
o Blog Search
Engine Feedster Closes First Round of Funding
San Francisco -- Feedster, a San Francisco-based Internet search
engine and advertising network for blogs and RSS feeds, said on
Thursday that it has raised an undisclosed amount in its first round
of funding. The company said that it will use the money to
accelerate development and marketing, as well as "greatly expand"
its server infrastructure. Selby Venture Partners led the round,
with participation from Omidyar Network, members of the New York
Angels and other prominent angel investors. Feedster’s angel
investors include Kevin Hartz, the co-founder of Xoom; Joe Kraus,
the co-founder of Excite and Jotspot; Josh Kopelman, the founder of
Half.com; Scott Kurnit, the founder of About.com; Mark Pincus, the
founder of Tribe.net and Support.com; and Narendra Rocherolle, the
founder of Webshots.
http://feedster.blogs.com/corporate/press_releases/index.html
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>DMW Events:
2nd Annual Digital Media Conference
June 17, 2005 | McLean,
VA
www.digitalmediaconference.com
Mark your calendars! The 2nd
Annual Digital Media Conference is set for Friday, June 17,
2005 at the Hilton McLean in Tysons Corner, McLean, Virginia.
This is a must-attend event for media, entertainment and
technology businesses, educational institutions and government
agencies involved in the digital distribution of media,
including information, education & entertainment products.
PANEL TOPICS INCLUDE:
- Copyrights v. Technology:
The Battle Heats Up
- Digital
Living: Entertainment for the Connected Consumer
-
The "New" FCC and the Future of
Digital Media
- Video
Games: An Industry Going Mainstream?
-
The Evolution of Radio:
Satellite, Wireless & the Internet
- The
Changing Face of Television: Exploring Digital Frontiers
-
Mobile
Entertainment: Wireless Technologies Shaping the Future of
Entertainment
- Online
Publishing 2.0: Blogs, RSS & Other Innovations Driving the
Industry
For more information
click here.
To register
click here.
REGISTRATION
Pre-Registration: $295 (until June 3)
Registration:$395 (after June 3)
Register online at:
http://kb.digitalmediawire.com/register.php?eventid=1101
Phone registration: 323-852-7130
To submit speakers or request
information about exhibiting or sponsoring at the 2005
conferences, please contact Tinzar Than, VP, Marketing &
Events, Digital Media Wire, Inc. at:
heather@digitalmediawire.com.
Past Events
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Sponsorship Materials
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Partners & Clients
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> Featured Advertisement:
> PwC Global Entertainment and Media Outlook: 2004-2008
PricewaterhouseCoopers Global Entertainment and Media Outlook:
2004-2008 is the leading global entertainment and media industry
forecast, including in-depth global analyses and five-year growth
projections for 14 industry segments covering every major global
region. The complete 550-page book, is available in print or
electronic format. The 50 page "Global Overview" (available in print
or electronic format)or any of the 14 individual industry segment
chapters (electronic format only) can be purchased separately for
$95. For sample content and to order,
click
here.
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o Briefly Noted: (Palo Alto,
Calif.) PC maker Hewlett-Packard this week announced that it has
added the Apple iPod mini to the line of co-branded Apple products
it offers, which includes the original iPod. HP is offering both a
4GB and 6GB iPod mini, in addition to a new line of HP's printable
"tattoos" for the device. The HP iPod minis will begin selling on
June 5 from the company's website, as well as from retail partners
Radio Shack, Sears and Wal-Mart.
http://biz.yahoo.com/bw/050602/25685.html
http://www.hp.com/music
(Seattle) RealNetworks announced on Friday that it is giving
users of its Rhapsody digital music service an exclusive preview of
the White Stripes' new album, "Get Behind Me Satan." The album is
available for streaming on Rhapsody beginning today, in advance of
its commercial release on Tuesday, June 7.
http://www.rhapsody.com/whitestripes
(New York) The New York Times reported this week on the upcoming
release of the entire 80-year archives of The New Yorker magazine on
DVD. "The Complete New Yorker," which will sell in the fall for
$100, will comprise eight DVDs containing each issue's cover,
articles, poems, cartoons and ads in the form of searchable, high-resoultion
digital images.
http://www.nytimes.com/2005/06/02/arts/02yorker.html
http://www.newyorker.com
(New York) The Orchard, a provider of digital music distribution
services for independent labels and artists, announced on Friday
that it has signed an agreement to distribute more than 50,000
tracks from a number of South American record labels. New York-based
The Orchard will now distribute digital versions of tracks on
Argentinean, Brazilian and Chilean labels including MCD Records,
Music Brokers, Discos CNR, Circo Beat and La Oreja, to digital
retailers like iTunes and Napster. Separately, The Orchard announced
that it has signed an agreement to offer its digital catalog on
Beon.com, the digital music store operated by Mexican retail giant
Sanborns.
http://www.theorchard.com
http://www.epsa.com.ar
http://www.beon.com
(Scotts Valley, Calif.) Two groups of developers on Friday
announced the release of two sets of open-source 3D human models,
which will offered for free for use by artists in video games,
graphic design, 3D modeling programs and 3D animation and art tools.
Utah-based Zygote Media Group and Tokyo-based E Frontier formed a
joint venture, The Open 3D Project, to distribute the 3D models from
Zygote and Sixus 1 Media. "This is the first such effort in the 3D
modeling community. We felt the time was right to offer high-quality
3D human models with open source licensing," said Zygote CEO Bryan
Brandenburg. "Users will be able to create figures for both personal
and commercial use and even create royalty free derivative
products."
http://www.open3dproject.org
http://www.zygote.com
http://www.e-frontier.co.jp
(Taipei, Taiwan) InterVideo, a provider of DVD creation software
that is bundled with many PCs and has shipped 125 million copies,
announced on Friday that it has incorporated support for
next-generation Blu-ray Disc and HD DVD high-capacity DVD formats in
the upcoming version of its WinDVD application. The software will
also include the ability to record video and data onto Blu-ray Disc.
http://biz.yahoo.com/bw/050603/35129.html
http://www.intervideo.com
(New York) Ring Factory, a publisher of mobile content and
productivity software, announced on Friday that it has partnered
with video game publisher Take-Two Interactive, to distribute its
Ring Factory ringtone and image customization software in North
America. The application, developed by San Francisco-based ToneThis,
allows users to create their own ringtones and cell phone wallpapers
from CDs and images they already own, or from free samples offered
on the company's website. Ring Factory will be sold in retail
outlets in the U.S. and Canada beginning on June 10.
http://www.ringfactory.net
http://www.take2games.com
(New York) The New York Times on Friday reported on America
Online's pending introduction of a revamped AOL.com that will open
much of its previously subscriber-exclusive content to the general
public for free, in a bid to attract new advertising revenue in the
face of a declining subscriber base. The article also explores the
possibility of a sale of the unit by Time Warner; valued at $164
billion when it acquired Time Warner, some analysts now value AOL at
as little as $8 billion.
http://tech.nytimes.com/2005/06/03/technology/03aol.html
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>
Classifieds --
Advertise
> Sales ManagerMuze Inc. offers an exciting career
opportunity to sell products and services, and manage a
growing sales staff for this industry leader in entertainment
product information and e-commerce services. This high
visibility position is responsible for identifying and
negotiating customer and business relationships with an
emphasis on e-commerce, data licensing and consultative sales.
Position is also responsible for managing and mentoring the
sales team, including hiring and training, sales forecasting
and territory plans. Successful candidates must have 5-7 years
sales and sales mgnt experience, preferably in the e-commerce,
internet, cable, communications or home entertainment media
industries. BA in a related field, excellent sales,
presentation and interpersonal skills required. This position
reports to the SVP of Sales & Client Services offers
competitive salary and benefits in a casual Soho setting.
Please forward confidential resume & salary history to:
Humanresource@muze.com,
fax # 212/824-0422. www.muze.com.
_________________
> Digital Music Counsel
RealNetworks is seeking a lawyer to
focus on its digital music business, including Rhapsody,
RealPlayer Store, RadioPass, RollingStone.com and mobile music
services. Duties include negotiating and drafting content
licensing agreements with record labels and music publishers &
distribution, marketing and promotion agreements with
broadband service providers, websites, etc. Candidate must
have IP background, JD w/ 5-8 years legal exp., pref in new
media licensing, admission to at least one state bar.
Apply on-line at www.real.com
_________________
> Vice President/Media Director - Boston
Our client, one of the top interactive and analytical data
marketing firms in their space, is searching for a Vice
President / Media Director. Candidates should have at least 10
years of strategic media planning experience, large team
management and strong client relationship building experience.
P&L responsibility along with new business media lead pitch &
win experience is required. The client will pay for full
relocation for the right candidate. Reports to EVP/ Media.
Boston. Requires relocation to Boston. Send resumes to
dhonig@market- search.net
_________________
> Sr. Product Manager - Walnut Creek
The Product Manager is the worldwide owner of assigned
products throughout the product life cycle, including market
analysis, definition of feature requirements, product
positioning, competitive analysis, partner identification, and
product launch. Require: 5 years enterprise software or
hardware appliance product mgmt, understanding of IT
environments in general and network troubleshooting in
particular, strong communication and writing skills, strong
strategic and analytical skills, ability to work in and foster
a collaborative team, BS/BA required, MS/MBA preferred. Visit
http://www.wildpackets.com Send resumes to
hr2005@wildpackets.com
_________________
> Internal Communications/ Strategic HR Consultant
Innovative and fast-growing strategic communications firm
is seeking an exceptional internal communications Campaign
Director responsible for the strategy and day-to-day execution
of high-visibility communication projects. Contract Position.
Min 3 to 5 years internal communications exp. Organizational
development, change mgmt, and HR exp. Branding and
communications design exp. Project mgmt exp. with emphasis on
delivering projects on-time and on budget. Willingness to
travel throughout US and Europe, possibly as much as 50
percent of the time. Highly motivated, dynamic personality.
Send resumes to
jobs@bonfiresf.com Visit
http://www.bonfirecommunications.com
_________________
> Channel Sales Director
ExtenDB is searching for a Channel
Sales Director to be responsible for developing and
implementing partner strategies to grow company revenue
through resellers, system integrators, and technology
partners. The ideal candidate has experience in channel
management or business development within the Business
Intelligence or database markets. About us: ExtenDB leverages
open source and commodity computing to offer exceptional value
for BI solutions. Send resumes to
jobs@extendb.com
_________________
> IT Solutions and Services Sales - Financial/Insurance
Vertical
Software AG seeks an Account Executive to sell IT Solutions
and Professional Services in the New York City/NJ/Philadelphia
area. Qualified candidates will have previous experience
selling Integration/middleware solutions and Services within
Insurance and Financial Services companies. Familiarity with
XML and integration platforms essential. Visit
http://www.softwareagusa.com/ or email resume to
kim.burger@softwareagusa.com
_________________
> Information Architect
This exciting role is an opportunity for a seasoned
Application Developer with Java and Websphere experience. Must
have five or more years exp. in systems engineering with a
large business enterprise with revenues of $100 million reqd.
Candidate must demonstrate proficiency and exp. in any of J2EE
(4 years), EAI (Websphere Family), Unix, and Oracle. Require
financial/accounting applications, Network operating systems
and client/server systems environments. Please submit your
resume to
vbhatia@hirestrategy.com, or visit
http://www.hirestrategy.com/quicklinks/hire266.asp
_________________
> Senior Java Developer
Looking for software engineers interested in helping us
build a worldwide info mgmt system. Our preferred candidate is
someone with demonstrated application development/software
engineering exp. creating web-based applications using Java,
JSP, EJB, JDBC, Struts, Hibernate, Spring, Ant, and WebLogic.
Knowledge of Oracle DBMS and Plumtree Portal Server is also
desired. A solid understanding of n-tiered application
architecture and enterprise design patterns is essential. Must
be a U.S. citizen and hold a B.S. or M.S. degree in Computer
Science or Computer Information Systems, or a similar degree.
Send inquiries to
careers@nearinfinity.com
_________________
> Systems Engineer
Solutions System Engineer to support sales team in Md/Va
and East. Canada. Must be expert in X86/VME/cPCI technology.
Req. 1-2 certifications. Project oriented - may lead assigned
project(s) from beginning to end. Must have integration
experience. Send resumes to
talent.acquisition@avnet.com
_________________
> Sr. J2EE Developer - Washington, DC
Senior level position providing highest level of technical
support and leadership on projects, business development
initiatives, and internal programs. Min. 5 years of
professional exp. designing and implementing enterprise level
J2EE transactional applications. Candidate must have
demonstrable expertise using the following APIs: Servlet/JSP,
EJB, RMI, JNDI, JDBC, JTA. Candidate must have demonstrable
expertise with Java application servers such as WebLogic,
WebSphere, Oracle Application Server, JBoss, etc. Applicant
must be a U.S. Citizen. Active Security Clearance preferred.
Send resumes to
sshmia@1-sc.com
_________________
> Director, IT Planning and Program Management - Biotech
Key member of IT organization, rotational assignment
intended to prepare incumbent for subsequent, major management
position within IT. Manage a staff of 3-4 professionals;
partner with CIO in managing IT planning and administration
for the organization. Prepare and track IT budget; determine
performance measures; lead program management across all
business functions; establish standards; prepare presentations
to BOD and senior management. Send resumes to
fsltd@earthlink.net
_________________
> Telecommunications Marketing Associate
Develop and execute telecom lead generation programs. Manage
and implement major promotional events. Provide strategic
guidance and marketing support to the Client Service Partners
and their teams that serve several large telecom clients.
Gather/provide client and market intelligence for our wireline
affinity group. Initiate marketing tactics and implement
activities according to plan and within budget parameters.
Require: BA degree in Mkt. 5 plus years in the
telecommunications industry. Send resumes to
sboulos@deloitte.com
_________________
> Strategic Communications Group Offers Blog Relations Counsel
Enter the Blogosphere prepared - Enhance your sales and
marketing programs. Take advantage of blog relations and blog
technology at its forefront. As blogging matures and becomes a
prevailing force in communications, allow Strategic
Communications Group to assist you in meeting your sales,
profitability and corporate valuation goals. Contact us for a
free white paper. Send inquiries to info@gotostrategic.com or
call 301.408.4500. Visit
http://www.gotostrategic.com/blogptw.html for more
info.
_________________
> iPath Technologies, Inc. Adds Juniper Netscreen Training to
Curriculum
iPath Technologies, Inc., has added a new offering to its
Juniper networking courses entitled Implementing Netscreen
Security Gateways. INSG is valuable to network engineers,
support personnel, resellers, and others who implement
NetScreen products. For the latest course dates and locations,
please visit
http://www.ipath.net For information contact
training@ipath.net
_________________
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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.
Digital Media
Wire, Inc. is part of the Tech Wire Media Group, an international
network of publications that includes Potomac Tech Wire, New England
Tech Wire, Southeast Tech Wire, Bay Area Tech Wire, Tri-state Tech
Wire, Thames Tech Wire and European Tech Wire. The network reaches
more than 70,000 individuals from over 70 countries each business
day.
More information:
www.digitalmediawire.com,
www.potomactechwire.com,
www.newenglandtechwire.com,
www.bayareatechwire.com,
www.tristatetechwire.com,
www.southeasttechwire.com,
www.thamestechwire.com,
www.europeantechwire.com
Executive & Editorial Team
CEO &
Publisher: Ned Sherman
Co-Founder & Executive Editor: Paul Sherman
VP, Marketing & Events: Tinzar Than Sherman
Marketing & Events Coordinator: Heather Nicolaides
Editor: Mark Hefflinger
Contact Us
Questions, Comments & Suggestions
-
comments@digitalmediawire.com
News Tips & Press Releases -
editorial@digitalmediawire.com
Advertising -
marketing@digitalmediawire.com
Telephone: 323-852-7130
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Copyright 2005 Digital Media Wire, Inc. All Rights Reserved.
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