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Holiday
Publishing Schedule |
Today's edition of
Digital Media Wire will be the last of 2003, as we take an extended
break for the holidays. The next edition will arrive on Monday, Jan.
5, 2004. Happy Holidays! |
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December 19, 2003 --
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Main Stories
o
D.C. Appeals Court Says RIAA Subpoenas for
File-Swapper Identities Illegal
o
RealNetworks Files $1 Billion Antitrust Suit
Against Microsoft
o
Dutch Supreme Court Rules Kazaa File-Sharing
Software Is Legal
o
Wal-Mart Launches Test of $0.88 Digital Music
Download Store
o
Game Publisher Take-Two May Face SEC Lawsuit
Over Accounting
o
AOL Enables Members to Purchase Songs from
Apple iTunes Download Store
o
Web Search Advertising Firm
Kanoodle Raises Funds
> DMW Announcements: DMW Publications
--Digital Media Law Report - November Report Available Now!
--Game
Industry Quarterly > Featured
Advertisement:
--MIDEMNET
--Artisan Quality Handbags and Jewelry
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o
Briefly Noted: Google - book
text-search, Loudeye Technologies - Amazon.com, Activision - "Shrek
2," Konami - "Shaman King," Electronic Arts - "Harry Potter and the
Prisoner of Azkaban," Atari - "Peter Pan: The Motion Picture Event,"
Aspyr Media - "Lara Croft Tomb Raider: The Angel of Darkness,"
Macrovision - Galaxy Satellite Broadcasting
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>
Job/Event/Marketplace Classifieds:
--Sr. Sales Executive
– Media, Entertainment and Aggregator
--President & COO - Susquehanna Technologies -
Winchester, VA
--Senior Security Consultant
--Director of Engineering
--Media Director - Greater Boston
--Complete Information for Department of Homeland Security
--Get Rid of Your Old Cars - Donate To The Starlight Children’s
Foundation
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o AD.C. Appeals Court Says RIAA
Subpoenas for File-Swapper Identities Illegal Washington -- In a
major setback for the recording industry's legal campaign against
music file-swappers, the U.S. Court of Appeals for the District of
Columbia has ruled that the streamlined subpoena process currently
being used to compel alleged file-swappers' Internet service
providers to reveal their identities is illegal. The Recording
Industry Association of America (RIAA) has filed thousands of such
subpoenas with a number of ISPs -- including Verizon -- which sued
the RIAA saying the subpoenas violated their users' privacy. A lower
court agreed with the RIAA's argument that the subpoena process,
which doesn't require a judge's approval, was justified under the
Digital Millennium Copyright Act. The appeals court ruling will mean
that the RIAA now must file a more cumbersome "John Doe" lawsuit
against alleged file-swappers to get their identity from an ISP. "We
are not unsympathetic either to the RIAA's concern regarding the
widespread infringement of its members' copyrights, or to the need
for legal tools to protect those rights," the court wrote in its
ruling. "It is not the province of the courts, however, to rewrite
[copyright law] in order to make it fit a new and unforeseen
Internet architecture, no matter how damaging that development has
been to the music industry." At this point, it is unclear what
effect if any the ruling will have on the hundreds of lawsuits that
the RIAA has already filed -- and in some cases reached settlement
agreements -- against individual file-swappers using the now illegal
subpoena process. "Today's ruling is an important victory for
Internet users and all consumers," said Verizon vice president and
associate general counsel Sarah Deutsch. "Copyright holders seeking
personal information about Internet subscribers will now have to
file a traditional lawsuit. These requests will undergo scrutiny by
a judge, thus preserving the privacy, safety and legal rights of
every Internet subscriber."
http://biz.yahoo.com/prnews/031219/nyf048_1.html
http://pacer.cadc.uscourts.gov/docs/common/opinions/200312/03-7015a.pdf
http://news.com.com/2100-1027_3-5129687.html
http://makeashorterlink.com/?Z66023BD6
http://www.wired.com/news/technology/0,1282,61670,00.html
http://www.riaa.com
_____________________________________________
o RealNetworks
Files $1 Billion Antitrust Suit Against Microsoft
Seattle -- RealNetworks announced late on Thursday that it has filed
a $1 billion antitrust lawsuit against Microsoft, alleging the
company illegally used its monopoly power to restrict competition,
limit consumer choice and attempt to monopolize the growing field of
digital media. In its suit, RealNetworks says Microsoft used its
influence to "restrict how PC makers install competing media players
while forcing every Windows user to take Microsoft's media player,
whether they want it or not." By tying its Windows Media Player into
its Windows operating system, which comes pre-installed on the
majority of the world's PCs, the company has been able to achieve
near universal distribution for the Media Player, while using its
influence to pressure PC makers and others to ignore its
competitors. "While we much prefer competing in the market -- as we
are doing and have done for 9 years -- our Board has made a
carefully considered business decision to take this action to end
Microsoft's illegal conduct and recover substantial damages on
behalf of our shareholders," said RealNetworks chairman and CEO Rob
Glaser. In addition to an estimated $1 billion in damages,
RealNetworks will seek an injunction to prevent Microsoft from
further anti-competitive behavior. The company also said it will
cooperate with the European Commission's ongoing antitrust
investigation of Microsoft. In a statement, Microsoft called
RealNetworks' lawsuit "a case where a leading firm is seeking to use
the antitrust laws to protect and increase its marketplace share and
to limit the competition it must face."
http://biz.yahoo.com/prnews/031218/sfth074_1.html
http://biz.yahoo.com/prnews/031218/sfth095_1.html
http://news.com.com/2009-1014_3-5129426.html
http://makeashorterlink.com/?P35023BD6
http://www.latimes.com/business/la-fi-real19dec19.story
_____________________________________________
o Dutch Supreme
Court Rules Kazaa File-Sharing Software Is Legal
Amsterdam -- The Netherlands' Supreme Court on Friday upheld a lower
court's ruling that said the Kazaa file-sharing application is legal
and may be freely distributed on the Internet. Dutch music copyright
agency Buma Sterma brought the legal action against Kazaa founders
Niklas Zennstrom and Janus Friis, who called the ruling in their
favor, "an historic victory for the evolution of the Internet and
for consumers." Although the court's ruling does not address
individuals who use the file-sharing network, it does absolve the
developers of the software that individuals use. Little surprise,
the International Federation of the Phonographic Industry (IFPI),
which has waged an all-out war on file-sharing networks, attacked
the ruling, saying that it was one-sided and flawed. It also vowed
to continue its legal battle in other countries.
http://news.com.com/2100-1027-5129661.html
http://www.ifpi.org/site-content/press/20031219.html
http://www.kazaa.com
____________________________________________
o Wal-Mart
Launches Test of $0.88 Digital Music Download Store
Bentonville, Ark. -- Retail giant Wal-Mart has launched a test
version of a digital music download store on its website, which will
undercut the current $0.99 industry pricing standard by offering
individual tracks for $0.88 each. The company said the service was
developed with Anderson Merchandisers, which supplies music to
Wal-Mart and Walmart.com, and will feature "hundreds of thousands"
of songs provided by Liquid Digital Media (formerly Liquid Audio), a
provider of digital media fulfillment services acquired by Anderson
in January. Tracks on the Walmart.com service will be available to
PC users in Windows Media Audio (WMA) format, and will be burnable
to CD and transferable to compatible portable devices. "With 64
percent of our customers online, we see digital music downloads as a
natural extension of the music selection offered in Wal-Mart
stores," said Kevin Swint, Walmart.com's senior category manager of
entertainment media.
http://biz.yahoo.com/rc/031218/retail_walmart_music_update_1.html
http://www.liquidaudio.com
http://musicdownloads.walmart.com
____________________________________________
o Game Publisher Take-Two May Face
SEC Lawsuit Over Accounting
New York -- Video game publisher Take-Two Interactive has announced
that it received notice the U.S. Securities and Exchange Commission
(SEC) may file civil charges against the company related to its
accounting practices. The lawsuit would seek an injunction and
monetary damages against the company, alleging violations of certain
provisions of the Securities Act of 1933 and the Securities Exchange
Act of 1934. The SEC's staff informed Take-Two through a Wells
Notice of its intention to recommend that the SEC file charges. The
company said it has "initiated discussions" with the SEC on the
matter. Separately, New York-based Take-Two said that it will close
its Gotham Games publishing label. The company's Gathering label
will take over publishing duties for all of its mid-priced and
premium priced products on the PC, console and handheld platforms
not published by its Rockstar Games label.
http://biz.yahoo.com/bw/031218/185203_1.html
http://biz.yahoo.com/ap/031218/take_two_sec_3.html
http://biz.yahoo.com/rb/031218/media_taketwo_earns_3.html
http://www.take2games.com
____________________________________________
o AOL Enables Members to Purchase
Songs from Apple iTunes Download Store
Dulles, Va. -- America Online has announced that it has partnered
with Apple Computer to allow its members to purchase song downloads
from its AOL Music service through Apple's iTunes Digital Music
Store. A button will be placed next to songs available on AOL's
streaming music stations, which will automatically launch Apple's
iTunes so that users may preview and purchase the songs as $0.99
downloads. AOL also said that it will release tracks recorded as
part of its Sessions@AOL and Broadband Rocks programs -- from
artists including 50 Cent, R.E.M. and Iggy Pop -- for sale through
the iTunes Music Store.
http://media.aoltimewarner.com/media/press_view.cfm?release_num=55253685
http://www.apple.com/itunes/store
_____________________________________________
o Web Search Advertising Firm
Kanoodle Raises Funds
San Francisco -- Kanoodle, a provider of Internet search
advertising, announced that it has raised an undisclosed amount in
its first round of funding from Insight Venture Partners. The
company also said that it hired a number of key executives from
Sprinks, a Web search ad firm recently acquired by Google. San
Francisco-based Kanoodle provides a commerce-oriented search engine
for consumers, whose search results are populated by companies that
have bid for placement on Kanoodle. The company said it will use the
funds to launch a new business serving ads based on Internet
content, and to expand its existing keyword advertising service.
http://makeashorterlink.com/?S40536BD6
http://www.kanoodle.com
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> DMW Publications:
> Digital
Media Law Report
Must-read publication on legal and policy matters related to
digital media. Law Report includes case summaries, news and
analysis, policy updates, court filings, and exclusive interviews
with legal counsel and business leaders. Published monthly.
Subscriptions
-
Order
Available Now - November Law Report - 32 pages
-
Order
>
Game
Industry Quarterly
- Subscriptions
-
Order
The Game Industry Quarterly features news about key business,
legal and finance developments impacting the game industry. Each
issue includes sections on current industry research, financings,
law and policy matters, game releases, business deals and other
industry events.
Available Now - Q3 Game Industry Quartertly - 105 pages -
Order
Past Events
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Sponsorship Materials
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Partners & Clients
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> Featured Advertisement:

> Artisan Quality Handbags and Jewelry
Marumaru offers artisan quality handbags and jewelry for the
savvy and discriminating woman. We specialize in vintage silk kimono
purses and offer many elegant jewelry pieces made from bamboo and
coral to semi-precious stones. All of our fine products are
Asian-inspired and handcrafted in Hawaii, the gateway to Asia. We
welcome you. Please visit us at marumarugirl.com . contact:
cara@marumarugirl.com or
michael@marumarugirl.com
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o Briefly Noted: (Mountain
View, Calif.) Search engine firm Google has launched a beta test for
a new feature that lets users search within the texts of books, view
excerpts and in some cases view a picture of the book's cover. The
listings will also provide links to a book's publisher or online
retailers where users may purchase a copy. Google said that
publishers including Random House, Knopf Publishing Group and
Macfarlane, Walter & Ross are participating in its Google Print
(BETA). A similar feature that lets users search within the texts of
published works was recently launched by online bookseller
Amazon.com.
http://print.google.com/print/faq.html
(Seattle) Loudeye Technologies, a provider of streaming digital song
samples and other digital media services, announced that it has
signed a multi-year renewal of its agreement to provide digital
music song samples to online retailer Amazon.com. Seattle-based
Loudeye provides online retailers and other sites with a library of
30-second samples of over 4 million tracks from over 400,000 CDs.
http://biz.yahoo.com/prnews/031218/sfth032_1.html
http://www.loudeye.com
(Santa Monica, Calif.) Activision, a developer and publisher of
video games, announced on Friday that it has signed an agreement
with DreamWorks to develop games based on the film studio's upcoming
"Shrek 2." Additionally, the company said it terminated its
previously announced co-publishing and co-development agreement for
Shrek-based games with TDK Mediactive, following that company's
acquisition by Take-Two Interactive. Activision was also assigned
all rights to any future "Shrek" films by TDK Mediactive. Activision
has separate deals with DreamWorks to develop games based on three
upcoming animated features: "Shark Tale," "Madagascar" and "Over the
Hedge."
http://biz.yahoo.com/prnews/031219/laf044_1.html
http://www.dreamworks.com
http://www.activision.com
(Los Angeles) Konami Digital Entertainment America (KDE), the U.S.
arm of the Japanese video game developer, announced that it has
secured the rights to develop games based on the popular Japanese
anime series, "Shaman King" in Europe and North America. Launched in
1988, the comic has sold over 20 million copies in Japan and spawned
an anime TV series that began airing on Fox in the U.S. in
September. Los Angeles-based KDE said it will release versions of
its game for PlayStation 2 and Game Boy Advance in the summer of
2004.
http://www.konami.com/usa/press/shaman121803.html
http://www.foxbox.tv/shamanking
(Redwood City, Calif.) Game developer Electronic Arts said that it
plans to release "Harry Potter and the Prisoner of Azkaban," its
latest game based on the J.K. Rowling novels, in the spring of 2004.
The title is currently in development at EA's U.K. Studio for
PlayStation 2, Xbox, GameCube, Game Boy Advance and the PC.
http://biz.yahoo.com/bw/031218/185515_1.html
http://www.ea.com
(Beverly, Mass.) Video game developer Atari announced on Friday the
release of its "Peter Pan: The Motion Picture Event" title for
Nintendo Game Boy Advance, based on the Columbia Pictures film that
will be released in theaters on Dec. 25. Utah-based Saffire
developed the game for Atari.
http://biz.yahoo.com/bw/031219/195209_1.html
http://www.atarikids.com
http://www.saffire.com
(Austin) Mac game developer Aspyr Media on Friday shipped its "Lara
Croft Tomb Raider: The Angel of Darkness" to retail stores. The game
was developed under license from U.K.-based "Tomb Raider" creator
Eidos Interactive, and converted for Apple's Mac platform by
Quebec-based Beenox.
http://www.eidos.com
http://www.beenox.com
http://www.aspyr.com
(Santa Clara, Calif.) Macrovision, a provider of copy-protection
technology for CDs, DVDs and other media, announced that it will
provide its services for Hong Kong-based Galaxy Satellite
Broadcasting's near-video-on-demand service. Santa Clara,
Calif.-based Macrovision's technology will protect against
unauthorized set-top box to DVD recorder copying and set-top box to
hard drive recorder copying of Galaxy's content. The Galaxy
Satellite Broadcasting service will be an all digital, multi-channel
service featuring a range of Cantonese and Mandarin content
programming to subscribers in Hong Kong.
http://biz.yahoo.com/bw/031218/185798_1.html
http://www.macrovision.com
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Classifieds: >Sr. Sales Executive – Media,
Entertainment and Aggregator
Peppercoin, Inc. is a micropayments company that
enables online merchants to sell low-priced digital goods
profitably. Peppercoin was founded by world-renowned leaders in
cryptographic technology from MIT whose previous ideas led to
significant enterprises worth billions of dollars. By joining the
Peppercoin team, you will help us perpetuate this record of
success. We are looking for an experienced sales professional to
sell our service and product offerings to the Media,
Entertainment and Aggregator markets. The position demands
knowledge of these markets and a proven ability to sell new
products from early stage start-ups. Send resume to
careers@peppercoin.com
URL: www.peppercoin.com
___________________
> President & COO - Susquehanna Technologies -
Winchester, VA
Susquehanna Media seeks COO for its SusQtech business unit (www.susqtech.com).
SusQtech, a MS Gold Certified Partner, offers solutions to
Association, Business, and Government clients utilizing the
Microsoft.Net development platform. Core offerings are Content
Management, eCommerce, Share Point Portal Server and eProcurement.
Qualified applicants will lead team, secure new business, &
manage a growth business in a solutions selling environment. Send
resume and cover letter to
corp.hr@suspfz.com
___________________
> Senior Security Consultant
Candidates should have 6+ years working experience in software
development and security consulting. The following technical
areas are of interest: security in the SDLC, J2EE, .NET, software
security architectures, software design, security assessments,
middleware products (e.g., Websphere), and smartcards. A
Bachelors degree in Computer Science, Electrical Engineering,
Mathematics (cryptography interest), Security Engineering or
Software Engineering required. 30% travel is required. Send
resumes to janej@cigital.com
Visit http://www.cigital.com
___________________
> Director of Engineering
Clareos is seeking a Director of Engineering to
lead our software product development group in the development of
new products to fuel the company's expansion and growth with
Fortune 500 customers. This person's objective will be to expand
the engineering organization and accelerate development of our
innovative data analysis platform. Send resumes to
dsteinhoff@clareos.com
Visit http://www.clareos.com
___________________
> Media Director - Greater Boston
Our client is a full service Advertising Agency looking for a
Media Director. This person will ensure proper maintenance and
quality control for media planning and buying over multiple
accounts as well as establish procedures and standards for media
personnel. Proven management expertise and presentation skills
required. Minimum of 8 years experience leading media teams. For
consideration, please email your resume to
dhorvath@pilenet.com
Please put "Media Director" in the subject line when applying.
Compensation: $75,000
____________________
> Making Your Way
thru the Homeland Security Maze
Small businesses wanting to do business with the government
face unique challenges when entering the federal marketplace. The
2003- 2004 Directory of Homeland Security includes a detailed
list of procurement information and small business government
contacts for the various federal departments and agencies.
Contact names, titles, phone and fax numbers and descriptions are
included in the listings. The Department of Homeland Security
portion of the directory has entire section titled, "Doing
Business with the Department of Homeland Security." To order the
2003-2004 edition, go to:
http://www.tech-directories.com/dmw.htm
___________________
> Get Rid of Your Old Cars - Donate To The Starlight
Children’s Foundation
Starlight has teamed up with Car Program, LLC (www.donateacar.com)
and whether your car runs or not, some parts may be sold for a
donation that will help seriously ill kids. Don’t worry about DMV
hassles and we can help arrange for FREE towing. Your donation is
tax deductible and Starlight receives 70% of the proceeds of each
vehicle. Call 877.840.7827 or visit
http://www.starlight.org
Have your VIN and License number available.
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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. To
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Digital Media Wire, Inc. is part of the Tech Wire Media Group, an
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Law Report, Potomac Tech Wire, New England Tech Wire, Southeast Tech
Wire, Bay Area Tech Wire, Tri-state Tech Wire and European Tech
Wire. The network reaches more than 70,000 individuals from over 70
countries each business day.
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Chief Executive Officer: Ned Sherman
VP, Marketing & Events: Tinzar Than
Editor: Mark Hefflinger
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Copyright 2003 Digital Media Wire, Inc. All Rights Reserved.
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