archives

o Skateboarding Magazine Wins Domain Names in "Appealed" Arbitration
o CD Copying Software Provider Roxio Countersues Music ID Firm Gracenote
o Content Management Firm Concentric Visions Raises $8.1 Million
o Women.com Sued for Copyright Infringement of Horoscopes
> Pepper Hamilton Legal Update
> Digital Media Wire Seminar: iTV -- June 27 | San Francisco
> Correction
o Briefly Noted: UOL International - Devorame.com, Verizon Wireless -
Airborne Entertainment, Wink Communications - Tyee Euro RSCG, Aerocast,
ContentGuard - Sandlot Corporation, Paramount Domestic Television, Red
Herring Communications, Peter Paul - Sen. Hillary Clinton, Google.com
_____________________________________________

> Job Postings: Control Buyer/Business Analyst, Group Program Mgr.,
Acct. Executive, Sr. Business Development Mgr., Web Designer,
Dir. of Internet Advertising, Project Manager

> Events/Services: "Software Company Moving Sale," "Free WebCast Series:
Delivering Results in Today's Changing Environment,"
"The Corporate Venture Capital Conference"

Full Job/Event/Services descriptions listed below "Briefly Noted" section
or at http://www.digitalmediawire.com/postings.html

To Post a Job: http://www.digitalmediawire.com/jobs.html
To Post an Event/Service: http://www.digitalmediawire.com/events.html
_____________________________________________

o Skateboarding Magazine Wins Domain Names in "Appealed" Arbitration

Minneapolis, Minn. -- High Speed Productions, the publisher of
skateboarding publication Thrasher Magazine, has prevailed in a domain
name dispute against a Spanish cybersquatter. The Spanish registrant, who
was listed as "Thrasher Magazine, Ltd.," was in possession of the domains
thrashermagazine.net and thrashermagazine.org, yet did not publish any
magazine at all. California-based High Speed Productions brought the
dispute to the National Arbitration Forum, which originally dismissed the
claim due to lack of evidence. Usually, once a case is decided it cannot
be brought again, but the NAF decided in this case to hear arguments a
second time. "Internet law in general, and the resolution of domain name
disputes in particular, is so new... the strict application of principles
of claim and issue preclusion could work an injustice," wrote retired
Arizona Judge Bruce Meyerson, in the decision. In High Speed's re-filed
complaint, the arbitration panel found that the magazine had proven its
case and turned over the two domains to the company.
http://www.arbitration-forum.com/domains/decisions/97008.htm
http://www.thrashermagazine.com/
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o CD Copying Software Provider Roxio Countersues Music ID Firm Gracenote

Milpitas, Calif. -- Roxio, a provider of software that lets users make
copies of CDs with a CD burner, announced on Thursday that it is
countersuing music identification database provider Gracenote.
Berkeley-based Gracenote's technology connects to an online database when
a user listens to a CD on a computer to find out the artist, album name
and track listing information. The company previously sued Roxio to stop
it from selling products that use a free CD database that competes with
Gracenote's patented version. In its countersuit, Roxio says that
Gracenote's patents were obtained fraudulently because of information it
failed to tell the U.S. Patent and Trademark Office. "Having built its
database by promising the public that the database was to be freely
accessible, Gracenote is now attempting to misappropriate and monopolize
access to public information, and seeks to impose supracompetitive pricing
for that access," said Bill Growney, Director of Legal Affairs at Roxio.
Part of the Gracenote database was created through user input; if a CD
does not have track information available, Gracenote encourages users to
input the data themselves to make the database more complete.
http://biz.yahoo.com/prnews/010621/sfth020.html
http://www.roxio.com
http://www.gracenote.com
_____________________________________________

o Content Management Firm Concentric Visions Raises $8.1 Million

Boston, Mass. -- Concentric Visions, a provider of software that manages
digital media content, announced that it has raised $8.1 million in its
second round of venture capital financing. Participating in the round were
Sigma Partners and GrandBanks Capital, a new firm created in partnership
with Softbank Venture Capital. Boston-based Concentric Visions' software
organizes and manages files such as video, Flash and audio for use in
sales and marketing applications in the wireless communications and
consumer electronics industry, as well as for corporate recruiting and
training in the department of defense. The company will use the funds to
accelerate its sales, marketing and product development initiatives, and
said it plans to launch a new product later this year.
http://www.concentricvisions.com/cvWeb/documents/press_releases/cv_financing_final.html
_____________________________________________

o Women.com Sued for Copyright Infringement of Horoscopes

San Mateo, Calif. -- Community site Women.com has been sued by Belgian ISP
Eugenio.net for allegedly stealing text from the company's horoscope page
in order to increase the chance of its own horoscope page appearing in
search engine results. Eugenio.net is seeking $900,000 in damages. The
lawsuit says that Women.com copied text from Eugenio.net's horoscope page
and pasted it on its own site in a way that made it invisible to users --
in white text with a white background. However, the text was clearly
visible to search engines that base their results on the actual text from
each Web page they index. While the alleged infringing text has since been
removed from Women.com's horoscopes, Salon.com says the "smoking gun" that
proves Women.com's fault is Google's cache of the site, provided at a link
below, where users can highlight the bottom of the page to view the
"invisible" text. Both Salon.com and The Register reported that spelling
and grammatical errors from the original Eugenio.net page are duplicated
in the "invisible" text on Women.com.
http://www.salon.com/tech/inbox/index.html
http://www.theregister.co.uk/content/6/19824.html
http://www.google.com/search?q=cache:1eV3FTtUge0:www.internethoroscopes.com/+internethoroscopes&hl=en
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|||||||||||||||||| Pepper Hamilton Legal Update ||||||||||||||||||

>Potomac Region’s Adoption of UCITA Causes Multimedia, Software and Other
Industries to Focus on Key Warranties of Non-Infringement

As reported in an earlier edition of DMW, Maryland and Virginia have both
adopted forms of the Uniform Computer Information Transactions Act
(“UCITA”). Among the aspects of UCITA that have generated most controversy
are the warranty provisions that relate to infringement of copyrights,
patents and other intellectual property rights. These warranties are of
vital importance to producers of multimedia works, software developers,
software licensees and other businesses that deal in or rely on computer
information. Commentators have noted that the warranties of
non-interference and non-infringement under UCITA’s Section 401 have
limitations and exclusions that might not be apparent to those who are
unfamiliar with UCITA. This article, written by Pepper Hamilton, is the
second in a four-part series that will focus on key aspects of UCITA that
need to be understood by businesses that either operate in the computer
information market or depend on computer information products and
services. The full text of the article is available at the link below.

http://www.pepperlaw.com/pepper/show_article.cfm?RID=203.0

Look for this regular legal update, written and produced by the law firm
of Pepper Hamilton, every other week in Digital Media Wire.
_____________________________________________

> Digital Media Wire Presents a Panel Discussion:
"iTV: Defining the New Face of Television"

San Francisco | Wednesday, June 27th at The City Club

SPONSOR: UBS Warburg

This panel of players ranging from content developers to investment
bankers will discuss the new face of television, which will include an
amalgam of services like email, IPGs (interactive program guides), PVRs
(personal video recorders), enhanced TV, etc., and what it means for
Hollywood, the tech industry and most importantly, the consumer.
For more information and to register:
http://www.acteva.com/booking.cfm?bevaid=14770&Referrer_id=4074

MODERATOR:
Michael Kline - Senior Manager | Deloitte Consulting

SPEAKERS:
Derek Footer - Director of Programming | OpenTV
David Higley - Exec. Director Technology Investment Banking | UBS Warburg
Bill Niemeyer - Director of Strategic Development | Spiderdance
Jonathon Spatz - Chief Financial Officer | Wink Communications
Nicholas Wodtke - SVP Interactive Television | Sony Pictures Entertainment
_____________________________________________

o Briefly Noted:

(Miami) Latin American ISP UOL International said on Thursday that it has
partnered with Latin music site Devorame.com to create 80 Web radio
channels that will be offered on its country portals for Argentina,
Brazil, Chile, Colombia, Venezuela, the U.S. and Mexico. The radio
stations will stream using either RealPlayer or WindowsMedia.
Additionally, UOL sites will get Devorame's MP3 search directory, which
links to information and authorized downloads from 20,000 artists.
Miami-based UOL provides Internet access to 11.2 million Latin American
users.
http://www.uol.com
http://www.devorame.com

(Bedminster, N.J.) Mobile operator Verizon Wireless said on Thursday that
it will offer entertainment content from Montreal-based Airborne
Entertainment to its customers. Airborne's PocketBoxOffice consists of
content tailored for wireless device screens, such as Dear Abby letters
and News of the Weird, as well as cartoons like Doonesbury and Garfield.
New Jersey-based Verizon currently provides a wireless network for 27
million U.S. cell phone owners. Airborne also has deals to provide content
to mobile operators AT&T Wireless, Bell Mobility and Sprint PCS.
http://biz.yahoo.com/prnews/010621/nyth001.html
http://www.airborneentertainment.com

(Alameda, Calif.) Interactive TV developer Wink Communications said on
Thursday that it has partnered with TV ad agency Tyee Euro RSCG to develop
interactive ads for its clients. The first ad will let Bowflex infomercial
viewers click a button on their remote controls to order a product
information brochure. Other Tyee clients include Philips, Hewlett-Packard,
AOL and Verizon.
http://biz.yahoo.com/prnews/010620/sfw088.html
http://www.wink.com
http://www.tyee.com

(Long Beach, Calif.) Streaming media services provider Aerocast said that
it has launched home consumer trials of its video-on-demand service. The
trials will offer streaming video from sports and entertainment providers
Bthere.tv, Bikini.com, Omega Networks, PlayersNetwork and iNexTV at
bitrates of 300kbps and higher through a broadband Internet connection.
San Diego-based Aerocast raised $15 million in its first round from
Motorola, Liberty Satellite and Soros Fund Management.
http://www.aerocast.com/newsreleases/press_20010620_01.html

(Bethesda, Md.) Maryland-based digital rights management provider
ContentGuard said on Thursday that it has formed a partnership with
Utah-based Sandlot Corporation, a provider of online subscription
services. The two companies will integrate their services and technologies
so that providers of digital periodicals, books and music through online
subscription services can protect their content from unauthorized copying
and track its usage.
http://www.sandlot.com/corporate/news/2001-06-19.html
http://www.contentguard.com

(Hollywood, Calif.) Paramount Domestic Television said that it has created
a website so that its entire marketing staff can access promotional
materials for all of the company's first-run syndicated shows. The site
lets Paramount TV stations download marketing materials such as ads,
artwork, radio spots, publicity materials and satellite feed alerts.
http://www.paramountpromo.com

(San Francisco) Red Herring Communications announced on Thursday that it
has named Julian Lowin as the new publisher of Internet economy
publication Red Herring magazine. Previously, Lowin served as publisher of
Red Herring competitor Fast Company, and has also held executive sales
positions at the New York Daily News and U.S. News and World Report.
http://www.redherring.com

(New York) Inside.com reported on Thursday that Stan Lee Media co-founder
Peter Paul, who was recently indicted on charges of stock manipulation
that cost shareholders $25 million, has sued U.S. Senator Hillary Rodham
Clinton for accepting $2 million in campaign contributions from him but
never reporting them. Paul claims he is suing to evade being prosecuted
for donating to Clinton; it is illegal to accept campaign contributions
from a convicted felon, which he is. Paul served three years in federal
prison for "cocaine possession and trying to steal millions from the Cuban
government," Inside reported.
http://www.inside.com/jcs/Story?article_id=33340&pod_id=13

(San Francisco) Salon.com featured an article Thursday on the research
that goes into providing accurate search results on search engine
Google.com, a company that has flourished despite the general Internet
company downturn. The article includes an interview with Monika Henziger,
Google's director of research.
http://www.salon.com/tech/feature/2001/06/21/google_henziger/index.html
http://www.google.com
_____________________________________________

> Correction: In yesterday's edition of Digital Media Wire, a story about
Global Crossing stated that the company raised $100 million to develop
a "worldwide media and entertainment extranet." The funds were in fact
raised by Constellation Ventures, and will be allocated to companies
developing software and systems for Global Crossing's extranet.

===================================================
Job Postings:
===================================================
To Post Jobs: http://www.digitalmediawire.com/jobs.html

> Alloy Online, Control Buyer/Business Analyst - New York City

Alloy Online, a new media and e-commerce company, is looking for a
quantitative person for inventory control, sales forecasting & other
special business analyses. Must be a self-starter who can work within a
team and contribute to building the business. Must have good business
judgment, problem solving & people skills. BS/BA & strong Excel exp. Send
resumes to: bstankard@alloy.com
http://www.alloy.com
______________________

> RealNetworks, Group Program Mgr. (Consumer/E-Commerce) - Seattle

Direct & manage activities of a team of program managers, QA, Build &
Globalization engineers in amendment/development of product components &
web-related materials. Also responsible for strategic planning, vendor
selection & budget management. BA in Computer Science, Business
Administration plus 7 yrs. exp. or master's degree & 5 yrs. exp. Send
resumes with job title in subject line to: recruiter55@real.com
http://www.real.com
______________________

> Venture Technologies Group, Account Executive - Los Angeles

Low power television station seeks Account Executive for broadcast sales
selling Spanish language stations in L.A. and other markets. Salary plus
commission, great benefits and advancement in a growing company. Requires
previous broadcast or cable sales experience. Must be computer literate
(MS Office, ACT and the internet).
Send resumes to: bholton@loop.com
______________________

> AGENCY.COM, Senior Business Development Director - Boston

Position is responsible for driving revenue-producing activities such as:
qualifying leads, proactively managing accounts & cultivating senior-level
relationships w/ new & existing accounts. 8-10 yrs. professional
servicessales, successful sales track record and understanding of
eBusiness solutions. Must be able to manage overall relationships w/
clients. Apply online at: http://www.agency.com
______________________

> Leisure Time Entertainment, Web Designer - Los Angeles

A San Fernando Valley based adult company, 20 years in the business, seeks
a web designer to design front-end graphics for many websites. The
applicant must possess strong understanding of HTML & Javascript.
Photoshop & graphics skills are required. Flash is a big plus as well. The
ability to create great looking graphics & incorporate them into web pages
quickly is necessary.
Send resume to: jfishman@lte.net
______________________

> NextCard, Director of Internet Advertising - San Francisco

Internet advertiser & direct marketing firm seeks candidate w/ strong
advertising contract negotiating skills, an understanding of the Internet
market-place & the credit card business to research & acquire NextCard’s
advertising relationships, source new strategic accounts & negotiate
favorable cost-per-action contracts. 5+ yrs. BizDev or Internet
advertising exp. MBA preferred. Send resumes to: jobs@nextcard.com
http://www.nextcard.com
______________________

> Bluewave, Project Manager - New York City

Seeking seasoned project manager with experience at a web design agency or
in the interactive department of a large company who has strong
interpersonal skills, good design sense and knowledge of database
technology. As one of Bluewave's key production people in NYC, you will
play a lead role in growing the company's business in the US. Apply
directly to the 'careers' section of www.bluewave.com
http://www.bluewave.com

===================================================
Events/Services Postings:
===================================================
To Post Events/Services: http://www.digitalmediawire.com/events.html

> Software Company Moving Sale - Los Angeles

An LA-based software company is moving offices and selling various
equipment & furnishings: Uninterruptible Power Supplies (a must for
looming blackouts); printers (HP Color Laserjet 4500, Laserjet 1100 and
many Epson 850s); PCs; firewall; hubs; desks; tables; chairs; whiteboards,
etc. Priced to move. Office located in mid-Wilshire at 3333 Wilshire Blvd.
(near Vermont), Suite 205, Los Angeles, CA 90010.
For information, please call Barney: 213.365.6545, ext. 204.
______________________

> Free WebCast Series: Delivering Results in Today's Changing Environment

Pacific Edge Software, an enterprise solution provider of project
portfolio management, is joined by webcast speakers Geoffrey Moore, Bill
Rosser & Jim Highsmith to address challenges you face as an executive in
today's uncertain environment. Get expert advice & learn how Pacific
Edge's solution of software & services enables organizations to manage
project portfolios & measure progress toward strategic goals.
SIGN-UP at http://www.pacificedge.com/campaigns/DigitalMedia
or email info@pacificedge.com
______________________

> The Corporate Venture Capital Conference, June 22 - McLean, VA

Attendees of "The Corporate Venture Capital" conference will learn about
the investment criteria and processes of corporate sponsored venture funds
and how they have adapted to today's private equity environment. They will
also discover how corporations can work with technology start-ups besides
equity investments, including business development and strategic
partnerships. 7:30am Registration; 8-9:30am Program.
http://www.nvtc.org/calendar/jun22form.htm
______________________

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