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Main Stories
o L.A. Man Claims RIAA Filed Copyright Suit Against Him In Error
o Report: Vivendi Receives Offer for Videogames Unit
o U.S. Federal Trade Commission to Review NBC-Vivendi Deal
o Vivendi Sells EMusic.com; New Owner Eliminates Unlimited Downloads
o Game Developer Midway Raises $23.5 Million in Private Placement
o AOL Time Warner to Officially Drop "AOL" from Name on Thursday
o Warner, BMG Test Security for Mobile Song Downloads, Mobile P2P
o Universal Pictures to Use Verance Audio Watermarking on All Films
o Germany's T-Online Negotiates Internet Movie Deal with MGM
o Universal Music, EBay Partner to Host Weekly Music-Related Item Auctions
o ISP Telstra to Offer Warner Songs in Australian Download Store
o Japanese Games Firm Konami to Establish North American HQ in L.A.
o ValueClick Buys Online Affiliate Marketing Firm Commission Junction

o Briefly Noted: RealNetworks - 2003 Rugby World Cup, YesVideo - Walgreens, Octiv - Apple iTunes, Telenor Mobile Interactive USA - Telemundo, DDD Group - nWave Pictures, PSVratings, MovieTickets.com, DivXNetworks - GE Medical Systems, Ziff Davis - 1UP.com, Zoo Digital - Universal Pictures UK, GSN Video Games, Tecmo - Cooler Kids, Midway Games, TKO Software, Jack Valenti - "screener" ban, Correction

Los Angeles -- A Los Angeles man claims that the Recording Industry Association of America (RIAA) was in error when it sued him for copyright infringement on file-sharing systems, and a digital civil liberties group has asked the RIAA to drop its suit against him. Playa del Rey, Calif. resident Ross Plank believes the RIAA sued him in error because he contends the Kazaa software was not installed on his PC at the time in question, and says he doesn't listen to any Latin music, while the RIAA offered evidence of Latin songs downloaded to his PC. The San Francisco-based Electronic Frontier Foundation (EFF) has asked the RIAA to dismiss its lawsuit against Plank. The RIAA has so far sued 261 individuals for using file-sharing software to infringe copyrights, and has withdrawn one suit due to a case of probable mistaken identity. "The recording industry's 'sue first and ask questions later,' policy caused this problem," said EFF Legal Director Cindy Cohn. "The RIAA recently told Congress that its members will contact individuals in the future before suing them -- but better yet would be to ensure that they cannot violate the privacy of people like Ross Plank in the first place until they have demonstrated to a judge that they have their facts straight."
http://www.eff.org/IP/P2P/20031014_eff_pr.php
http://www.latimes.com/business/la-fi-riaa14oct14.story
http://news.com.com/2100-1027_3-5090922.html
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o Report: Vivendi Receives Offer for Videogames Unit

Paris -- According to French financial newspaper Les Echos, Vivendi Universal has received an all-cash offer of as much as 800 million euro ($932 million) for its video games unit, Vivendi Universal Games. Although the paper did not name the bidder, it reported that a "company in the games sector allied with a financial investor" had made the offer. Vivendi has been trying to sell the unit for months, but so far has rejected all offers for being below its reported asking price of $2 billion. Only last month, CEO Jean-Rene Fourtou said that the games unit was no longer even for sale. Vivendi has declined to comment on the report.
http://www.lesechos.fr  
http://www.vugames.com
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o U.S. Federal Trade Commission to Review NBC-Vivendi Deal

Paris -- After negotiations between the U.S. Justice Department and the Federal Trade Commission (FTC), the latter has agreed to review the recent high-profile merger deal between General Electric's television network NBC and the U.S.-based entertainment assets for French media conglomerate Vivendi Universal. Neither the Justice Department nor the FTC has commented on the news, which was confirmed in a brief statement by an NBC spokesperson. Consumer advocates who fear that the NBC-VUE merger will hurt competition in the American TV production market have cheered the move.
http://www.vivendiuniversal.com/vu/en/home/index.cfm 
http://www.nbc.com
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o Vivendi Sells EMusic.com; New Owner Eliminates Unlimited Downloads

San Francisco -- Vivendi Universal has agreed to sell its EMusic.com downloadable MP3 store to private equity group Dimensional Associates, in a move that will spell the end of the service's popular unlimited download offering of tracks from hundreds of independent record labels. The deal, whose financial terms were not disclosed, is expected to close at the end of the month. Dimensional Associates also owns live concert webcaster Digital Club Network. The EMusic service's new owners intend to change subscription terms from the current offering of unlimited monthly downloads to a fee of $9.99 per month for 40 songs, or $14.99 for 65 songs. EMusic said in a note to subscribers that changes to its pricing scheme are being made as the result of "intense financial, legal and technological pressure." Vivendi originally purchased EMusic in 2001 for $24 million.
http://news.com.com/2100-1027-5089830.html 
http://www.emusic.com
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o Game Developer Midway Raises $23.5 Million in Private Placement

Chicago -- Video game developer and publisher Midway Games announced on Tuesday that it has signed agreements to sell 9.3 million shares of its stock, in a private placement that will net the company $23.5 million in new funds. Chicago-based Midway will use the proceeds for game development, for working capital to finance inventory and receivables and for general corporate purposes.
http://biz.yahoo.com/bw/031014/145552_1.html 
http://www.midway.com
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o AOL Time Warner to Officially Drop "AOL" from Name on Thursday

New York -- AOL Time Warner announced that it will officially drop the "AOL" from its corporate identity and become known officially as "Time Warner Inc." on Thursday, Oct. 16. The company's stock symbol on the NYSE will also be changed back to "TSX." The name change will further distance the company from the financial woes it has experienced since the 2001 merger of America Online and Time Warner.
http://biz.yahoo.com/bw/031013/135481_1.html 
http://www.timewarner.com
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o Warner, BMG Test Security for Mobile Song Downloads, Mobile P2P

Geneva -- A Norwegian firm has developed mobile music digital rights management (DRM) technology that major record labels Warner Music and BMG have utilized to launch a service that lets users download songs to their phones and share them with others. Oslo-based Beep Science's OMA (object management architecture) DRM will be used to protect content including songs from Warner's Dannii Minogue and BMG's Kemopetrol. The service, which will offer content including songs, images, video clips and other MMS content, will be available to subscribers of 50 wireless carriers on the Netsize premium messaging network. The first phone compatible with Beep Science's OMA DRM is the Nokia 6220.
http://makeashorterlink.com/?W3A225636
http://makeashorterlink.com/?L21351636 
http://www.netsize.com
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o Universal Pictures to Use Verance Audio Watermarking on All Films

Universal City, Calif. -- Universal Pictures announced on Tuesday that it has signed a multi-year agreement to use Verance Corporation's digital audio watermarking technology on all of its theatrical releases and DVD and VHS home video product, as well as pay-per-view, video-on-demand and free-to-air television broadcasts. The technology embeds inaudible data into a movie that provides content identification, forensic tracking and copy control information to Universal. Among other things, the watermark will allow the movie studio to track any potential piracy leaks back to their original source. "The security derived from the Verance watermark allows us to be more confident in the technology we use throughout all stages of product distribution," said Jerry Pierce, senior vice president of technology for Universal Pictures.
http://www.universalstudios.com 
http://www.verance.com
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o Germany's T-Online Negotiates Internet Movie Deal with MGM

Frankfurt -- T-Online International, the No. 1 ISP in Europe, announced on Monday that it has signed a deal with Hollywood studio Metro-Goldwyn-Mayer (MGM) to show MGM's movies on the Internet. Under the deal, T-Online will have access to more than 4,000 titles in MGM's vast movie library. In a statement, MGM Worldwide Television Distribution President Jim Griffiths said that the "landmark" agreement "speaks to the promising future of video-on-demand worldwide." T-Online expects to launch its T-Online Vision service by year's end, allowing customers to download videos over the Internet and watch them on their TV sets. Financial terms were not disclosed.
http://www.t-online.net/c/10/35/36/1035366.html _____________________________________________

o Universal Music, EBay Partner to Host Weekly Music-Related Item Auctions

Santa Monica, Calif. -- Major record label Universal Music Group announced on Tuesday that it has partnered with online auctioneer eBay, to offer weekly auctions for items such as rare albums, signed artist memorabilia, concert tickets, backstage passes, and invitations to video shoots. The first such promotion will launch on Oct. 16, when eBay will offer Bon Jovi signed guitars and handwritten lyrics, front row tickets to Jay-Z's upcoming performance at Madison Square Garden, and a personal drum lesson with Nickelback drummer Ryan Vikedal. "Through our collaboration, Universal can now tap into eBay's loyal user base and connect more fans to the music they love," said Universal Music Enterprises president Bruce Resnikoff.
http://biz.yahoo.com/prnews/031014/latu058_1.html 
http://www.ebay.com 
http://www.umusic.com
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o ISP Telstra to Offer Warner Songs in Australian Download Store

Sydney -- Australian broadband services provider Telstra has announced plans to launch the country's first digital music download store before Christmas, having signed a deal to include songs from one major label, Warner Music, Australian IT reported. The service will offer tracks in Microsoft's Windows Media Audio format for $2 Australian ($1.38) to subscribers of Telstra's BigPond broadband service. Telstra "had been approached by other labels and expects other labels to make further contact with BigPond to discuss options for potential deals," BigPond spokeswoman Kerrina Lawrence told Australian IT.
http://makeashorterlink.com/?O29352636 
http://www.telstra.com 
http://www.bigpond.com
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o Japanese Games Firm Konami to Establish North American HQ in L.A.

Los Angeles -- Japanese video game developer Konami announced on Tuesday plans to establish a new base for its global computer and video games business in Los Angeles. The company's executive corporate officer, Kazumi Kitaue, will serve as CEO of the new operation, dubbed Konami Digital Entertainment (KDE). The new KDE will focus on the areas of global product brand growth strategies, business development and licensing activities. The company will also rename its Redwood City, Calif.-based North American sales, marketing, and operations subsidiary, Konami of America, Inc., to Konami Digital Entertainment America (KDEA).
http://biz.yahoo.com/djus/031013/0716000186_1.html 
http://www.konami.com
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o ValueClick Buys Online Affiliate Marketing Firm Commission Junction

Westlake Village, Calif. -- ValueClick, a provider of Internet advertising technology, announced that it has acquired Commission Junction, a provider of affiliate marketing technology, for $58 million in cash and stock. Westlake Village, Calif.-based ValueClick said the purchase will double the size of its existing Be Free affiliate marketing network, which serves customers including Best Buy, CitiFinancial, Staples and Travelocity, and will add new customers like MSN, eBay and Overture Services.
http://www.valueclick.com/pr_10-9-2003.shtml 
http://www.befree.com 
http://www.cj.com

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(Seattle) RealNetworks, a provider of media delivery technology, announced on Tuesday that it has reached a multi-faceted media agreement with the International Rugby Council to offer online coverage of the 2003 Rugby World Cup. For $24.95, subscribers will get access to live audio of every match, video replays of every match a day after completion, and archives of past top matches and plays, as well as video previews, news and interviews. The 2003 Rugby World Cup takes place from October 10 through November 22 in Australia and New Zealand.
http://biz.yahoo.com/prnews/031014/sfm129_2.html
http://www.rugby2003.com.au 
http://www.realone.com/rwc

(Santa Clara, Calif.) YesVideo, a provider of DVD conversion technology, announced on Tuesday that retail giant Walgreens now offers YesVideo services in its stores. Santa Clara, Calif.-based YesVideo's technology lets consumers convert their home movies from 8mm, Super 8, 16mm film, 35mm slides and prints of any common size to DVD, complete with automatically-generated thumbnails that serve as DVD chapters for navigation. The service will offer to convert 250 feet of movie film or 80 slides or prints for $49.99.
http://www.yesvideo.com 
http://www.walgreens.com

(Berkeley, Calif.) Octiv, a developer of audio processing technology, announced that it has released a free public beta of its audio plug-in for Apple's iTunes. Berkeley-based Octiv's Volume Logic plug-in digitally remasters tracks for consistent volume level and spectral balance.
http://www.octiv.com/index.asp?content=iTunes

(Rockville, Md.) Telenor Mobile Interactive USA, a developer of wireless entertainment applications, said that it has partnered with Spanish-language TV network Telemundo to offer interactive TV text-message services to viewers of "The Roof," a popular live music program on Telemundo's mun2.
http://biz.yahoo.com/bw/031013/135070_1.html 
http://www.telemundo.com 
http://www.telenor-interactive.com

(Santa Monica, Calif.) DDD Group, a developer of glasses-free 3D display technology, announced on Tuesday that it signed a multi-title movie licensing agreement with nWave Pictures, a producer of 3D animated movies for large format theaters, ridefilms, and location-based digital theaters. Santa Monica, Calif.-based DDD will publish nWave's films in its TriDef Movie Player format. One title, "3D Mania," will come embedded in electronics firm Sharp's new Actius RD3D notebook computer, a PC designed specifically to showcase 3D video technologies.
http://www.nwave.com 
http://www.ddd.com

(Los Angeles) PSVratings, developer of a new universal media ratings system that uses the 3-color traffic light coding system to provide descriptions on content, has released a beta version of its system. Initially offering ratings on 2,500 home video releases, the system is also geared for music, television and video games. Los Angeles-based PSVratings said its ratings will eventually be offered as a subscription-based service to consumers.
http://beta.psvratings.com 
http://www.currentattractions.com

(Hollywood) MovieTickets.com, a provider of advance online movie ticket sales, announced that it will begin selling tickets for "The Lord of the Rings: The Return of the King" on Nov. 26. Additionally, the company will sell tickets to upcoming special extended edition screenings of the first two installments of The Lord of the Rings, as well as a one-day marathon of The Lord of the Rings trilogy.
http://biz.yahoo.com/prnews/031013/nym035_1.html
http://www.movietickets.com

(San Diego) DivXNetworks, a developer of video compression technology, announced that Viewpoint, a division of GE Medical Systems, has licensed DivX video technology to compress and deliver digital video in its line of medical imaging equipment.
http://www.gemedical.com 
http://www.divxnetworks.com

(New York) Publisher Ziff Davis Media on Tuesday announced the launch of 1UP.com, an online destination for gaming enthusiasts providing in-depth content, news, game reviews, tips, and live forums with industry celebrities covering all game platforms. The site will feature editorial content from Ziff Davis magazines including Electronic Gaming Monthly, Computer Gaming World and Xbox Nation.
http://www.ziffdavis.com 
http://www.1up.com

(London) Zoo Digital, a developer of DVD technology and video game publisher, has signed its second exclusive licensing agreement with Universal Pictures UK, a publisher of DVD-Video titles. Under the deal, Zoo will create an interactive soccer DVD game, as well as earn cash advances and substantial ongoing royalties from the game, scheduled for release next month.
http://makeashorterlink.com/?V28E21136 
http://www.zoodigitalgroup.com

(Santa Monica, Calif.) Cable TV channel Game Show Network announced that it has partnered with video game publications GamePro and GameSpy, and retailer GameStop for its GSN Video Games program. The agreements encompass integrated on-air, online, print and point-of-sale retail components, including weekly branded segments within the actual two-hour show where the partners provide exclusive editorial content.
http://www.gsn.com 
http://www.gamepro.com 
http://www.gamespy.com 
http://www.gamestop.com

(Torrance, Calif.) Japanese video game developer Tecmo has partnered with DreamWorks Records' dance music group Cooler Kids, to provide tracks for its upcoming "Monster Rancher 4" title for PlayStation 2.
http://www.tecmoinc.com 
http://www.coolerkids.com

(Chicago) Chicago-based game developer Midway Games announced that it has shipped its "RoadKill" combat driving title for PlayStation 2 and the Xbox to retailers.
http://biz.yahoo.com/bw/031013/135305_1.html
http://makeashorterlink.com/?R1F043636

(Santa Cruz, Calif.) Mobile game publisher TKO Software announced on Tuesday that it will develop a version of Activision's "Tenchu: Wrath of Heaven" for cell phones. Santa Cruz, Calif.-based TKO said the title will be available at retail for the holiday shopping season.
http://www.tenchuwrathofheaven.com 
http://www.tko-software.com

(New York) IndieWire.com reported on Tuesday that, despite protests from specialty film divisions within major film studios and from independent filmmakers, the Motion Picture Association of America (MPAA) has released a statement saying it intends to proceed with its ban on "screener" copies of Oscar-hopeful movies distributed to voting Academy members. "Jack Valenti has had conversations with individuals and several groups on the subject of the new screener policy," said, MPAA public affairs vice president Rich Taylor. "He welcomes the exchange of thoughts and ideas on the critical issue of combating piracy. That said, the screener policy remains as it was originally announced."
http://www.indiewire.com/biz/biz_031014mpaa.html

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> Correction

A story that was published in the Oct. 9 edition of Digital Media Wire incorrectly identified consumer electronics firm Samsung as a Japanese company. Samsung is based in Korea.

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