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November 19, 2004  |  New York City
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Main Stories
o Senate Judiciary Committee Postpones Vote on Controversial "Induce Act"
o European Record Labels Sue 459 File-Swappers for Copyright Infringement
o Monti to Microsoft: "The Time for Settlement has Passed"
o Google Adds Book Texts to Internet Search Engine
o Nintendo: 12 Titles to Ship With Launch of DS Handheld
o Harris Corp. Buys Broadcast Media Software Firm Encoda for $340 Million
o Mobile Entertainment Firm Airborne Buys Development Studio of Tira Wireless
o Google Unveils New European Headquarters in Dublin

o Briefly Noted: MP3.com Community, Destiny Media Technologies - Promo Only MPE, Eyetop DVD, MSN - MediaBay, Nordstrom's - "Yourself!Fitness," Activision - "Call of Duty: Finest Hour," Mobile 365 - "Alien Vs. Predator," "SNK VS CAPCOM: SVC CHAOS," "Professional" video gamers
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Washington -- The Senate Judiciary Committee on Thursday postponed a vote on a controversial bill that would potentially outlaw any technology that could be used to "induce" copyright infringement. Various versions of the "Induce Act" were roundly criticized by technology and consumer groups in letters sent to Congress on Wednesday, which apparently had the effect of stalling the bill for the time being. Critics said the bill, which its authors say is intended to quell piracy on peer-to-peer file-sharing networks, would also potentially outlaw devices such as the iPod or PC, which could be argued "induce" consumers to commit copyright infringement, and roll back the landmark 1984 Betamax court decision, which said the VCR was legal because it provided substantial non-infringing uses. "Every one of the half-dozen drafts proposed would make fundamental changes to copyright law, with potentially enormous impact on innovation, creativity, and competition," the Center on Democracy and Technology wrote in a letter to the bill's sponsor, Sen. Orrin Hatch (R-Utah). "Given the short period over which (the bill) has been discussed, the absence of hearings on the new language, and the overall lack of opportunity for the public to comment, we believe it would be in the best interests of all parties to allow a more orderly process to go forward." CNET News.com reported that negotiations this week between the Recording Industry Association of America (RIAA), which lobbied for the Induce Act, and technology firms on issues pertaining to the proposed legislation broke down without reaching any consensus.
http://www.wired.com/news/politics/0,1283,65255,00.html
http://makeashorterlink.com/?Q1B211A79 
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:s.02560: 
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o European Record Labels Sue 459 File-Swappers for Copyright Infringement

London -- In the first major music industry action against peer-to-peer file-swappers in Europe, the International Federation of the Phonographic Industry (IFPI) announced on Thursday that record labels have sued 459 individuals in six countries for copyright infringement. For the first time, file-swappers in the U.K. and France were sued; residents of Italy, Denmark, Germany and Austria were also targeted with a combination of criminal and civil actions. In the U.K., the British Phonographic Industry said it sued 28 individuals, while in France 50 music uploaders were sued. "We are taking this action as a last resort and we are doing it after a very long public awareness campaign," said IFPI chairman and CEO Jay Berman. "Now, finally, we are at the point where the law has to be enforced. There is quite simply no longer any excuse for illegally file-sharing. People who love music should buy it online and not swap files illegally." The IFPI said that the first wave of European suits in March against file-swappers in Germany and Denmark have resulted in 80 settlements for amounts up to $15,000. The IFPI's counterpart in the U.S., the Recording Industry Association of America (RIAA), has now sued over 5,700 file-swappers for copyright infringement.
http://www.ifpi.org/site-content/press/20041007.html 
http://makeashorterlink.com/?A10321A79 
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o Monti to Microsoft: "The Time for Settlement has Passed"

Washington -- According to media reports, EU Competition Commissioner Mario Monti, whose five-year term ends on Nov. 1, told reporters in Washington that Microsoft missed its chance to settle antitrust charges and avoid a court order to remove Media Player from its Windows operating system and share protocols with competitors. "The time for settlement has passed," he said. "It's now for the courts to decide." Monti's comments come in response to Microsoft general counsel Brad Smith, who at the end of last month in Brussels suggested that the U.S.-based software giant would be willing to restart settlement talks with the European Commission. Monti, however, pooh-poohed that possibility, saying that regulatory officials had already "worked hard toward a settlement with an open mind and a real determination."
http://www.theregister.co.uk/2004/10/07/ms_drm 
http://makeashorterlink.com/?U56621979 
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o Google Adds Book Texts to Internet Search Engine

Mountain View, Calif. -- Google has launched a new service that allows publishers to include the entire texts of their books in the company's search index. The service encourages publishers to send in books, which will then be scanned by Google and uploaded into the index; publishers also have the option to limit the number of available pages to as few as 20%. Users of the service will not be able to copy or print book pages. Publishers including McGraw-Hill, Penguin and Houghton Mifflin are initially indexing some of their titles on Google. The new Google service launches in the wake of a new free service from Amazon.com, "Search Inside the Book," which lets publishers index some of the actual pages from their titles for Amazon users to browse.
http://www.latimes.com/business/la-fi-google7oct07.story
http://biz.yahoo.com/ap/041007/bookish_google_2.html 
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o Nintendo: 12 Titles to Ship With Launch of DS Handheld

Tokyo -- Japanese video games firm Nintendo announced on Thursday that it will offer a slate of 12 game titles for its new $149, dual-screened DS handheld video game when it launches in the U.S. on Nov. 21 and in Japan on Dec. 2. Titles available at launch and priced beginning at $29 will include "Super Mario 64 DS" from Nintendo, Electronic Arts' "Madden NFL 2005," "Tiger Woods PGA Tour Golf" and "The Urbz," and a major title from Activision. Other launch titles will include Sega's "XY/XX," THQ's "Ping Pals," Ubisoft's "Rayman DS" and "Asphalt Urban GT," and Namco's "Ridge Racer DS" and "Mr. Driller." Nintendo said a total of 124 DS games are now under development by 46 companies, and that it intends to increase its library of available titles to between 20 and 25 by the end of the first quarter of 2005. The company itself also plans to launch a multiplayer "Mario Kart" title and "Metroid Prime Hunters." By contrast, few if any game publishers have announced specifics on titles in development for Sony's new handheld game, the PSP, although major firms like Atari, Activision, Electronic Arts, Eidos, Konami, Midway and Sega have all promised titles. The PSP is expected to launch by the end of 2004 in Japan and by March in the U.S. and Europe.
http://makeashorterlink.com/?T16121A79 
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o Harris Corp. Buys Broadcast Media Software Firm Encoda for $340 Million

Melbourne, Fla. -- Harris Corporation, a provider of communications and broadcast equipment for government and commercial customers, announced on Thursday that it has acquired Encoda Systems, a provider of software and services for the broadcast media industry, for about $340 million in cash. Denver-based Encoda, which reported revenue of $124 million for its fiscal year ended June 30, counts 600 broadcast industry customers in 34 countries for its traffic and billing and program-scheduling systems, and automation and media asset management solutions. "Encoda's enterprise software solutions will significantly expand Harris' existing product offering to the global broadcast media market. Encoda will also give Harris market reach beyond our existing customer base into new cable and satellite markets," said Harris CEO Howard L. Lance.
http://www.encodasystems.com 
http://www.harris.com 
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o Mobile Entertainment Firm Airborne Buys Development Studio of Tira Wireless

Montreal -- Mobile entertainment publisher Airborne Entertainment announced on Thursday that it has acquired the mobile publishing division of Tira Wireless, a provider of wireless application developers' tools. Financial terms of the transaction were not disclosed. Toronto-based Tira Studios has created mobile content applications for customers including TV Guide, Maxim, the NFL, Fox, HBO and The Food Network. Montreal-based Airborne creates games, messaging services, ringtones and graphics that are distributed in both North America and overseas. "The acquisition underscores our vision and success in addressing the needs of consumer and business brands to create new revenue streams and to reach their customers through the mobile channel," said Airborne CEO Garner Bornstein. "It allows us to further our goal of providing a world-class branded mobile media publishing platform at a time when consumption of mobile content is at an all-time growth inflection point."
http://www.airborne-e.com 
http://www.tirawireless.com 
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o Google Unveils New European Headquarters in Dublin

Dublin, Ireland -- Web search engine firm Google Inc. announced that it has opened its European headquarters in Dublin, its first office outside the U.S. Google co-founder Sergey Brin said he expected to hire as many as 240 people over the next three years. When asked why Google chose Ireland for the office, which will cover the entire EMEA region (Europe, Middle East and Africa), Brin said: "We did not go with the lowest taxes, but the access to young and talented people is what made our decision." Brin also said that Google might establish an "advanced research and development" unit in Ireland in the future.
http://www.google.com/press/index.html
http://uk.news.yahoo.com/041006/95/f41rr.html 

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(San Francisco) CNET Networks on Thursday announced the launch of MP3.com Community, a free online social networking service designed to allow music fans to network with others who share their interests. San Francisco-based CNET, which purchased the MP3.com domain from the former dot-com that eventually became part of Vivendi Universal, said that 76,000 signed up for the community service during its beta phase last month. MP3.com Community "gives users a powerful and personalized way to keep up-to-date on their favorite artists and discover new ones; to catalog, store, and share their music listening history and taste; and to find, connect, and communicate with other like minded users," said CNET senior vice president Vince Broady.
http://biz.yahoo.com/bw/041007/75515_1.html 
http://www.mp3.com

(Vancouver) Destiny Media Technologies on Thursday announced the commercial launch of its Promo Only MPE system, designed to enable record labels to securely transfer new music in "near CD-quality" to radio stations and other trusted users over the Internet. Universal Music Group and several subsidiary labels have already used the system to deliver singles such as Eminem's "Just Lose It" to radio.
http://www.promoonly.com 
http://www.dsny.com

(Paris) Consumer electronics firm Ingineo on Thursday introduced Eyetop DVD, which it calls the world's first portable DVD player and video glasses with an embedded screen. The glasses feature stereo earbuds and have a screen embedded in the lower center part of the right lens, enabling wearers to watch video while staying in touch with their surroundings. The glasses may also be connected to other devices, such as a camcorder, video game console, PC or VCR. Pricing and availability for Eyetop DVD were not disclosed, although the company sells other eyeglasses video monitors for between $400 and $500.
http://www.eyetop.net

(Redmond, Wash.) Microsoft's MSN said on Thursday that it has partnered with spoken word audio provider MediaBay to offer a range of audiobook titles for download to U.S. MSN users. MediaBay titles from authors including John Grisham, Tom Wolfe, Mary Higgins Clark, Bill Clinton and Stephen King will be offered exclusively on Microsoft's recently launched MSN Music Service.
http://biz.yahoo.com/prnews/041007/sfth031_1.html 
http://www.mediabay.com 
http://www.music.msn.com

(Portland, Ore.) Retailer Nordstrom's said on Thursday that it has partnered with game developer responDESIGN to offer the company's "Yourself!Fitness," an Xbox game designed to teach about home health and fitness, in the women's active departments in Nordstrom's nationwide chain of stores. Under the deal, select Nordstrom locations will also hold "Exercise and Well-Being Sessions" to boost visibility for "Yourself!Fitness" and the game's virtual personal trainer, "Maya." Oregon-based responDESIGN said the title will also be available for PC on Nov. 1 and for PlayStation 2 in January 2005.
http://www.nordstrom.com 
http://www.respondesign.com

(Santa Monica, Calif.) Video game publisher Activision said on Thursday that it has hired Hollywood talent including "24" star Dennis Haysbert and AC/DC lead singer Brian Johnson to contribute voiceovers for its "Call of Duty: Finest Hour" title for PlayStation 2, Xbox and GameCube. Developed by Sherman Oaks, Calif.-based Spark for release in the fall, the title will also feature a script from Michael Schiffer ("Crimson Tide," "Colors") and score composed by Michael Giacchino.
http://biz.yahoo.com/prnews/041007/lath044_1.html 
http://www.activision.com 
http://www.sparkunlimited.com

(Chantilly, Va.) Mobile 365, the mobile messaging services company formed with the recent merger of Mobileway and InphoMatch, said on Thursday that it will team with Twentieth Century Fox on a U.K. wireless campaign for the studio's "Alien Vs. Predator" film. Working directly with Fox, Mobile 365 has created exclusive wallpaper and "alien" tones related to the film. The images and tones will be sold to operators or third-party users, or be sent straight to the mobile phones of U.K. film fans.
http://www.mobile365.com/365_news/press_releases.php?release=6

(Wall, N.J.) Japanese game developer SNK NEOGEO on Thursday shipped its "SNK VS CAPCOM: SVC CHAOS" title for Microsoft Xbox to North American retailers. The title, which supports online play via Xbox Live, features 34 characters from SNK and Capcom titles, such as Mega Man, Red Arremer, Shiki and Athena.
http://www.snkneogeousaconsumer.com

(New York) The New York Times on Thursday reported on the growing number of "professional" video game players, some of whom are not old enough to drink but are already earning over $100,000 per year. The World Cyber Games, taking place this week in San Francisco, will award $400,000 in prize money to the best of the competition's 700 gamers from 63 countries. Other professional gaming leagues and competitions doling out large cash purses include the Association of Gaming Professionals, the Cyberathlete Professional League, the QuakeCon Organization and Major League Gaming.
http://www.nytimes.com/2004/10/07/technology/circuits/07play.html 
 
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