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THE online REPORTER
January 29-February 4, 2005 - Issue 429
Published weekly by Rider Research

Entertainment Technology - Online Music & Movie Services - Broadband & Home Networking


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Sonos Ships Digital Music System

After spending nearly three years developing the thing, Sonos Inc has started shipping its Sonos Digital Music System, a multi-zone system with a wireless controller that lets consumers play their digital music in any or all rooms in the house and control it all from the palm of their hand.

Unveiled last June, the system comprises the ZonePlayer and the Controller. The ZonePlayer has a built-in amplifier and accesses and plays music from PCs, Macs and network attached storage devices; it can access music from up to 16 networked devices. Consumers can network up to 32 ZonePlayers in the home and manage them all from the same Controller. The ZonePlayer supports MP3, WMA, AAC and WAV files as well as Internet radio streams.

Sonos Controller User Interface

The Controller has a full-color LCD screen and touch-sensitive scroll wheel. Users pick a zone, pick a song and hit play to start the music in any room - unrestricted by line of sight. The Sonos system can play the same song in every room, different songs in different rooms or any combination of the two. Users can queue-up favorites or set the system to randomly pick songs to play. The LCD shows what is playing in any zone at any time, including available album art.

The Sonos Digital Music System is available now from the company's Web site (www.sonos.com) and will appear on retail shelves across the US over the next few weeks. Sonos plans to sell the system internationally later this year. Sonos is offering an introductory bundle of two Sonos ZonePlayers and a Sonos Controller for $1,199. Additional ZonePlayers retail for $499 and additional Controllers are $399.

Sonos ZonePlayers and Controller

"After nearly three years of hard work, we are proud to offer digital music fans the first product that allows them to enjoy their digital music library throughout their entire home and control it all from the palm of their hand," said Sonos CEO John MacFarlane. "At a quarter of the cost of traditional analog whole-home stereo systems, we make multi-room audio available to a much larger audience."    Back to Headlines

Labels, Studios Bet All on Supreme Court Ruling; Roll Out Big Guns in Appeal

The record labels and movie studios rolled out all the guns they could muster this week in order to persuade the US Supreme Court that the P2P networks should be held liable for the copyright infringement activities of their users.

Last April 25th Los Angeles Federal District Judge Stephen Wilson ruled that two P2P networks, Grokster and StreamCast, accused of aiding and abetting copyright infringement, couldn't be held liable for what their users did. According to the judge, the networks don't control what their users do any more than VCR makers can control what their users do when recording and duplicating tapes. The reference was prompted by the Supreme Court's ruling many years ago that Sony, which made the Betamax VCRs, could not be held liable for the actions of Betamax users. The thinking was that VCRs have legitimate uses other than just duplicating copyrighted material.

Oddly, Judge Wilson did not give Sharman Networks, the third defendant in the trial, and the then largest P2P network, the same blessing he gave Grokster and StreamCast.

The San Francisco Appeals Court unanimously upheld Judge Wilson's ruling, thus prompting the labels and studios to appeal to the nation's highest court to overturn Wilson.

Eight international trade associations, representing hundreds of thousands of copyright and other right owners in 100 countries outside the US, this week filed a "friend of the court" brief that urges the Supreme Court to reverse the lower courts' decisions.

What is at stake for the labels and studios cannot be overstated - it's their future. Their very business model would be shattered if the Supreme Court were to uphold the lower court's decision. The consequences would be:
- The labels and studios would be forced to sue every individual P2P user because they would be unable to stop P2P piracy at its source. It would be a tremendous undertaking - enormously expensive for the labels and studios. It would be costly for US citizens whose taxes would be used to pay for court costs. It would also put a severe strain on the US legal system.
- Any P2P network or other Internet-based distribution scheme could allow its users to copy and make available for copying any movie, any music.
- It would unleash an all-out battle between content owners and technology. Hackers would go full-steam to find ways to hide users' identities on the suddenly legal P2P networks. There would be a rapid increase in the use of P2P networks for downloading files, an increase that would cause a rise in sales of portable music players, CDs, DVDs, CD/DVD recorders, hard disks and other digital media devices that are used to connect TVs and stereos to PCs. No technology maker would, of course, openly support the hackers, although they would benefit from the increased sales of their gear.

The ruinous consequences that would come to the labels and studios if they lose the Supreme Court decision are immense. Their revenue streams would drop abruptly. The studios have not yet felt the impact of P2P file sharing to the extent that the labels have because it takes so long to download large movie files. However, broadband speeds are increasing and will zoom upwards as fiber optic connections increase.

Decreasing revenues will result in job losses and reduced salaries, bonuses and royalties for everyone else from employees to stars to suppliers. Only the lawyers and lobbyists would see their "take" increased. Everyone associated with the movie and music industries would be negatively affected - from the company that prints their letterheads to the video distributor that rents DVDs.

The two industries, realizing the potential results from a negative ruling, are pulling out all the stops in gathering support for their appeal to the Supreme Court.

By gathering the international associations to join them in the fight, the movie and music industries will be able to present a stronger front when they take their case to the Supreme Court.

The summary of the internationals associations' filing is that the lower courts' decisions:

- Affect not only US rights holders.
- Deny international rights owners effective protection in the US against copyright infringement on a "massive and unprecedented scale."
- Put the US in violation of international treaties that require enforcement measures that are effective in deterring and preventing piracy.
- Risk making the US a piracy haven from which copyright-infringing files of protected material will spill over into other countries via the Internet and harm copyright owners in those countries.

The brief argues that Grokster and StreamCast have a history of urging and assisting their users to share copyrighted files and that their services are used overwhelmingly for copyright infringement

MPAA president and CEO Dan Glickman said that the industry welcomes advancing technologies with the resulting ability to "reach new audiences, more conveniently, more economically….We will not welcome, however, theft masquerading as technology," he said.

RIAA chairman and CEO Mitch Bainwol said that a broad consensus had emerged around the conclusion that the Sony-Betamax ruling was never meant to provide cover for Grokster-style theft. "Theft is theft," he said. "A business model predicated on theft can't stand. The Groksters of the world are not innovators. Far from it. They are parasites who hide behind technology as they steal." Republican lobbyist that he is, Bainwol said that the Supreme Court is in a position to "unleash a wave of investments in legitimate Internet distribution models by establishing clear legal rules of the road and a balanced playing field that respects both creative and technological innovation."

The Brief Against the P2P Outfits
The brief, filed by the entertainment associates, seeks to refute any claims that Grokster and StreamCast might have to legitimacy. It states that:

- Their services contribute to copyright infringement on a massive scale.
- They enable millions of users to reproduce and distribute copyrighted sound recordings and movies without permission and without paying for them.
- Both companies have "knowledge of the infringing activity" taking place and induce, cause or materially contribute to their users' infringing activities. They are thus liable as "contributing infringers."
- The two companies depend on the infringing activity to make money. They don't sell their software; they give it away in order to "build networks of anonymous users" and then profit by selling ads to display to those infringing users.
- The Sony-Betamax ruling does not apply in this case because the defendants are engaged in "conduct that encourages or assists infringement."
- Grokster and StreamCast use filtering when it benefits them, such as to filter out viruses, bogus files and some pornographic files. However, they avoid filtering copyrighted works because "it is inconsistent with their strategy of plausible deniability." The brief quotes one StreamCast employee as saying that filtering is "a technology that will allow us to see what our users are sharing and I know this is something we do not want to do."
- The two P2P services used to require users to log in to the networks. Although the login name could easily be falsified, it did provide some ability to track users and thus to control activity by deleting their log in name or password. After they were sued, the two services discontinued the "imperfect" login tool as a means for excluding infringing users.
- The lower courts' rulings undermine the legitimate online services such as iTunes and Movielink, which have to charge for downloads. They cannot compete with services that offer the same product for free.
- Reversing the lower courts' ruling is necessary to "restore a climate of appropriate respect for intellectual property on the Internet." Such a move is necessary, the brief says, to preserve the "economic incentive to create and disseminate ideas" and ensure that copyright remains the "engine of free expression."

What do the labels and studios do if the Supreme Court rules against them? Well, it wouldn't do to be standing in the entrance to the office of any congressman because the lobbyists will be stampeding through them. The only, and final, recourse for the two industries to save their business model and revenue and expense structures is to get the Republican dominated Congress to pass legislation and the Republican president George W Bush to be automatic, but the odds would favor the labels and studios. Hardly any actual products are made in America these days. Its biggest export and money earner is its intellectual property, stuff ranging from patents to works of art to software. The biggest revenue producer will soon be its intellectual property. Making it legal to copy the stuff would hardly be in the US's best economical interest.

The worst possible results for the music and movie industries was described by the MPAA's Glickman: "No business can keep its doors open, its employees paid and its customers satisfied if pirates are allowed to run ramshackle over the basic protection of the right of individuals to the ownership of their creative expression, and to benefit from those expressions and that ownership." In short, there ain't no free lunch. Opponents might argue, however, that lunch could be cheaper in the digital media age, but it's still not going to be free.

Chronology

April 25, 2004 - Los Angeles Federal District Judge Stephen Wilson rules that Grokster and StreamCast cannot be held liable for the copyright infringement activities of their users.

August 19, 2004 - The San Francisco Appeals Court unanimously upholds Judge Wilson's decision.

October 8, 2004 - The copyright holders, led by the music and movie companies, ask the Supreme Court to review the two lower courts' decisions.

November 6, 2004 - The RIAA, international organizations representing copyright holders, 40 state attorneys general and other interested parties filed a "friends of the court" brief urging the Supreme Court to review the matter.

December 10, 2004 - The Supreme Court agrees to hear the appeal.

January 25, 2005 - Eight international trade associations representing copyright holders filed a "friend of the court brief" urging the Supreme Court to overturn Judge Wilson's decision.

March 29, 2005 - Supreme Court is scheduled to hear oral arguments in the case.    Back to Headlines

Podcasting Moves Forward

Adam Curry, an ex-MTV host, and Dave Winer, the podcasting guru, are developing a network at www.ipodder.org that will make it easier to distribute and download audio programs - called podcasts - to PCs and portable players such as iPods, according to Fortune magazine. The network will feature podcast highlights.

Some folks credit Winer with developing the Weblogs that TV talk-show hosts fell in love with during last fall's US presidential election. Winer's podcast "Daily Source Code" has rallied software developers to up with better tools for producing podcasts. The betting here is that podcasting will become more popular than blogs. Unlike blogs, you can take 'em with you - and "everyone" will soon have an iPod or equivalent either in their pocket or in the car.    Back to Headlines

Powell Resigns FCC Chair

Michael Powell, chairman of the Federal Communications Commission since 2001, has resigned. A Republican through and through, Powell oversaw the sometimes controversial easing of media ownership laws and tightened enforcement of so-called decency laws.

Richard DalBello, president of the Satellite Broadcasting and Communications Association said, "Powell has great passion for communications and telecommunications technologies and under his steadfast direction these technologies have advanced greatly and benefited the American public." Robert Sachs, president and CEO of the National Cable and Telecommunications Association, said "Whether jump starting the digital TV transition or creating a regulatory environment that has allowed broadband Internet services to flourish, Michael Powell has been a major force in bringing the benefits of new technology to the American people."

Two Republicans remain on the commission: Kathleen Abernathy whose term expired June 30, 2004, and Kevin Martin, whose name has been mentioned as a possible Powell replacement.    Back to Headlines

Real Reaches Q4 Profitability - Minus Expenses

RealNetworks experienced another record quarter to end 2004. In the December quarter - its 10th consecutive quarter of revenue growth - Real saw revenues of $72.5 million, up 34% over $54.1 million in 4Q03. The company also crowed that it achieved its goal of profitability in Q4, excluding costs relating to its antitrust fight with Microsoft. Net income excluding the antitrust litigation expenses reached $2 million, or a penny a share. Including the expenses, the company lost $3 million, or two cents a share, in the quarter.

CEO Rob Glaser credits the growth in the company's consumer business, specifically music and games, for the solid numbers. Last year the company put most of its efforts into building its consumer-oriented products and services and it apparently paid off. Quarterly revenues from the consumer side of the business grew 47% year-over-year to $60.8 million. Music revenues grew 172% to $21.6 million and games sales and subscriptions grew 156% to $10.1 million. Video, consumer software and other revenue was down slightly to $29.1 million. Revenue from business products and services was $11.8 million, down 8% from the prior year's quarter.

RealNetworks Consumer Business Revenue
As of December 31, Real claimed 1.55 million paying subscribers, up from 1.3 million at the end of 2003. The number of folks paying to subscribe to the Rhapsody and premium radio services grew to more than 700,000 at year-end, up from 625,000 at the end of the prior quarter and from 350,000 at the beginning of 2004.

RealNetworks Consumer Business Revenue (in millions)

              4Q04       4Q03       Change

Music    $21.6        $7.9          +47%
Games    10.1          3.9          +172%
Video       29.1       29.3            -8%
software and other                               Back to Headlines

German Library Gets Right to Circumvent Copy Protection

Deutsche Bibliothek, the German national library, has negotiated a license with the German Federation of the Phonographic Industry and the German Booksellers and Publishers Association to legally circumvent copy protection mechanisms on CDs, videos, software and e-books, according to EDRI. Under the agreement, the library will be able to fulfill its legal obligation to collect and make material available for long-term archiving purposes. The library will be able to break digital locks on books and music for the scientific purposes of users, collections for school or educational purposes, instruction and research as well as on works that are out of print.    Back to Headlines

Regulation of Internet Content Debated

An early attempt to control content on the Internet was debated by the UK's Internet Service Providers' Association (ISPA), according to the BBC. What led to the debate is the blurring of the lines between TV and broadband for delivering content. One suggestion was that regulators apply to ISPs the same rules that they apply to TV services, rather than creating new regulations. The opposing thought was that ISPs use self-regulation.    Back to Headlines

Yahoo Media Group Expands; $100m LA Office Lease

Yahoo keeps moving further into the digital media business. This week it leased new facilities in Los Angeles that'll be used by its newly formed Yahoo Media Group that former ABC TV chairman Lloyd Braun will head. Yahoo Media Group will oversee the company's news, sports, video games, movies and music services. The Los Angeles Times said the estimated $100 million lease of offices in Santa Monica was one of the largest commercial real estate deals in Los Angeles County in the last year. Yahoo will hire in the Los Angeles area and relocate employees from its New York and Sunnyvale operations to staff the new facilities. Under CEO Terry Semel, a former Warner Bros head, Yahoo has increased its digital media offerings - from entertainment to news. It has acquired online ad service Overture Services and online music services Launch and Musicmatch. It hired Wall Street Journal Online founder Neil Budde to head its online news division.    Back to Headlines

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BROADBAND BEAT


Video Networks Doubling Broadband Access Speeds

Britain's Video Networks is upgrading all three tiers of its broadband Internet services on February 1. Its new HomeChoice Internet speeds will be:

512 Kbps customers will receive up to 1 Mbps
1 Mbps customers will receive up to 2 Mbps
2 Mbps customers will receive up to 4 Mbps

Video Networks chairman and CEO Roger Lynch said, "The HomeChoice Internet upgrades demonstrate the strength of our network and our commitment to the Internet market in addition to our digital TV, video-on-demand and telephony services."    Back to Headlines

Ofcom Launching 3 New Digital Media Impact Studies

UK regulator Ofcom will investigate changing trends for media consumption, including new digital products and second-generation broadband services under its 2005-06 annual plan. It will launch three studies into new broadband services, digital multimedia platforms and broadcasting production.

The investigations will compare British adoption of new media against what is being done in other countries and the impact of digital services such as 3G mobile phones and PCs on the distribution of UK-produced content. The impact of digital media on all forms of entertainment, information and CE gear is prompting Ofcom's actions. Trends that did not exist a few years ago are becoming dominant - record sales of digital music players such as the Apple iPod, digital radios, the popularity of legal music downloads, booming online shopping and rapidly increasing broadband access in the home.

Ofcom says its goal is to help the new markets to develop and reduce regulations.

Formed a year ago by merging several regulatory agencies, Ofcom says it has lowered operating costs and has 25% fewer - about 300 fewer - employees than the five agencies it replaced. It reduced its recurring budget expenses by about 5%, although one-time start-up costs added almost £10m to the total budget.    Back to Headlines

SBC Targets Cable TV Users with $29.95, 3 Mbps Deal

SBC dropped the monthly rate for its 3 Mbps DSL broadband to $29.95, from $36,99, with a one-year commitment and bundled with SBC's local and long distance service. SBC is the largest US DSL provider with 5.1 million subscribers, but it trails overall broadband leader Comcast. SBC made clear in its announcement that it's targeting users of cable TV broadband who typically pay $40 to $50 a month for similar speeds. "We're urging consumers to do the math," said SBC senior VP of consumer marketing Scott Helbing.

SBC, which is reportedly in talks to acquire AT&T, also offers its DSL subscribers free access to its more than 6,000 Wi-Fi hotspots. The phone part of the bundle provides unlimited local and nationwide direct-dial long distance calling, Caller ID, voicemail and the choice of two SBC calling features for $48.95 a month. Customers will also receive either a free DSL modem or a wireless home-networking gateway for $50 after a $99 instant credit.

SBC Yahoo's DSL Express offers download speeds of up to 1.5 Mbps for $19.95 a month with a one-year agreement and when purchased with the phone service.    Back to Headlines

Broadband Pay TV Comes to Malaysia

Malaysia's Cuzzy Advanced Convergence Laboratories expects to sign up 50,000 subscribers in the first year for its broadband-based digital pay TV service, XBB.TV. It estimates the total potential market at three million subscribers by year-end 2008 and up to 20 million by 2012. "Cuzzy's rollout of XBB.TV services will go a long way towards accelerating broadband uptake in Malaysia and helping to achieve the national broadband plan targets," said a government official.

XBB.TV offers a selection of channels via broadband for $9.95 per month or a three-month prepaid fee of $22.99. Additional revenue is expected from subscription fees, advertisements, content sponsorship, public relations campaigns and infomercials.

Cuzzy CEO Jeffery Paul Raj said the company intends to go public on the Mesdaq Market this year to raise funds for content development and marketing of its Internet-based TV broadcast services.     Back to Headlines

Broadband/Mobile JV Launched in China

Hong Kong's PCCW and the Chinese government-owned phone company China Netcom are launching a Chinese telecommunications venture that will focus on mobile phone and broadband services. China Netcom recently acquired 20% of PCCW. PCCW chairman Richard Li said the venture could increase his company's revenues by 25% within three years.    Back to Headlines

BellSouth Adds Record 224,000 Broadband Subscribers

BellSouth added a record 224,000 net DSL broadband customers in the December quarter and ended the year with 2.1 million broadband subscribers. It said the growth was driven in part by its long-term strategic move to offer additional incentives and new pricing for FastAcces DSL. The price for the first six months is $9.95 a month.

It was also helped by its bundling of DirecTV services. The year-end count was more than 200,000 DirecTV subscriptions, up from 90,000 at the end of the third quarter. The BellSouth triple play bundle includes voice (phone), data (broadband access) and entertainment services (DirecTV).   Back to Headlines

Widevine Signs Alcatel to Worldwide Deal

Widevine Technologies, developer of content security solutions for the xDSL and Fiber to the Home (FTTH) markets, has done a worldwide deal with Alcatel. In conjunction with Widevine, Alcatel will sell, service and support the Widevine Cypher technology - Virtual SmartCard and Application Level encryption.

Widevine says its Virtual SmartCard solution is the most deployed content security solution in the TV over DSL and FTTH markets. The company claims that Virtual SmartCard lowers the costs of securing content over video networks while raising the bar on piracy protection. The Widevine technology offers service providers a fully integrated, end-to-end video security solution.

"Alcatel has shipped millions of DSL lines to leading service providers around the world - almost four times our closest competitor," said Ivan Verbesselt, VP of Alcatel's information, communication and entertainment business activity. "Service providers today require the flexibility to deliver video over any access architecture while fully protecting that content from end-to-end. We believe that Widevine greatly strengthens Alcatel's product portfolio and fully complements existing, best of breed 'Alcatel Connected' partnerships."    Back to Headlines

Orca Upgrades Chunghwa Telecom Order

Orca Interactive has sold Chunghwa Telecom, Taiwan's largest operator of domestic and international telecom services with about three million ADSL subscribers, an additional 10,000 licenses of Orca's RiGHTvT IPTV middleware to accommodate growth in what it says is one of the world's largest multimedia-on-demand (MOD) deployments. It is the second expansion from Orca in less than six months, and brings the total number of Orca middleware licenses at Chunghwa Telecom to 40,000.

Orca's open-architecture IPTV middleware is integrated with Pace 4000 and IP420 set-top boxes, Alcatel Open Video server, Widevine security solution and Chunghwa Telecom's billing and CRM systems. Chunghwa Telecom offers a variety of services including broadcast TV, video-on-demand and games-on-demand.    Back to Headlines

RCN Adds Home/Work Monitoring Service

RCN has added a new service called WebWatch that the company says is a "first-of- its-kind" home monitoring system that allows customers to remotely view real-time video of their home or business through any broadband-connected PC.

"RCN is using its fiber-rich network to bring peace of mind to its customers with remote monitoring based on innovation and our high bandwidth infrastructure," said RCN CEO Pete Aquino. "This service allows homeowners, business owners, mothers and fathers to watch their homes or businesses while they are not there."

Customers place up to four small wireless cameras throughout their homes or businesses and log into a secure Web site to view real-time, streaming videos. The video can also be recorded for later viewing.

RCN is initially making the service available to its Boston customers, with other markets to follow.    Back to Headlines

Video Networks Reaches 15,000 Subscribers

UK start-up broadband service Video Networks (VNL) plans to double the size of its Phase 1 footprint from 1.2 million to 2.4 million homes. The first new homes will come online in March 2005, with the remainder being passed by June 2005. During 2004's last quarter, VNL was responsible for one in five new DSL net additions in its initial launch territory of 1.2 million homes. Since launching its telephone service in November, 85% of all new subscribers have chosen VNL's HomeChoice to provide all three services - digital TV, broadband Internet and phone calls. HomeChoice now has 15,000 subscribers. HomeChoice will be available to over 2.4 million London homes by June 2005."

Roger Lynch, chairman and CEO of VNL, said "The concept of broadband delivered TV and video-on-demand is very new to the entertainment buying public and to already have 20% market share of new DSL subscribers in our coverage area so soon after our launch is a great achievement." Last August, HomeChoice signed a deal with BSkyB enabling VNL subscribers to watch Sky Sports and selected Sky Movies channels on the service. The company also offers phone service and will soon launch a music download service that will allow HomeChoice customers to buy downloadable music tracks as they appear on screen.    Back to Headlines

DT Tops 6m Broadband Users

Deutsche Telekom's T-Com DSL operation had 6.1 broadband customers in Germany and abroad at year-end, an increase of two million.    Back to Headlines

Spanish 'Triple Play' Service to Attract Millions

Spanish phone company Telefonica expects its Imagenio "triple-play" service to have over 200,000 subscribers by the end of 2005, according to Telefonica cable CEO Mariano Sotillos in a Dow Jones Newswire interview. The Imagenio service currently has 7,000 customers. It offers TV and high-speed Internet access through DSL connections. It has to offer voice separately because of Spanish government regulations. The company expects the Imagenio service to be available to over 80% of Spain's population by the end of the year. It is currently available in Madrid, Barcelona and Alicante. Sotillos said the service would attract "millions" of customers within a few years.    Back to Headlines

SBC Tops 5m Broadband Users


Regional US phone company SBC added 425,000 DSL lines in Q4 to end the year with 5.1 million DSL lines in service. It added 1.6 million DSL lines last year. SBC also continued its push into long distance services by adding 1.1 million long-distance lines in Q4 for a total of 20.9 million in service.    Back to Headlines


MOBILE MEDIA

EarthLink, SK Telecom JV To Take on US Mobile Market

Verizon Wireless, T-Mobile, Sprint and Cingular, which became the largest mobile operator in the US thanks to its purchase of AT&T Wireless, along with slew of smaller wireless carriers, will soon have another major player to contend with as they fight for control of the mobile consumer.

EarthLink, the second-largest dial-up ISP in the states, and SK Telecom, the top mobile operator in South Korea, have decided to form a joint venture and stake their claim in the US wireless market.

The new SK-EarthLink is a 50-50 joint venture, with each of the partners kicking in $220 million over the next three years million to capitalize the new company. It will operate as a so-called mobile virtual network operator (MVNO), a wireless provider that leases network capacity from other providers rather than control its own network.

EarthLink founder and director Sky Dayton, who resigned as EarthLink chairman earlier in the week, will serve as CEO of the new company. Dayton, who also founded hotspot aggregator Boingo Wireless in 2001, left his post as CEO of Boingo in November. As to why he is behind the idea of SK-EarthLink, Dayton noted that, "The wireless and Internet worlds are colliding, and neither will be the same again. In South Korea, kids on the street are using their mobile phones to listen to music, watch TV, video conference, locate their friends and access the Internet - as well as make voice calls - as opposed to the US where the mobile experience is primarily about talking on the phone," he said. "Americans are living in the past. Utilizing emerging 3G networks and harnessing the explosive growth of Wi-Fi, SK-EarthLink will take the wireless experience in the US to a new level."

The new venture will focus on the higher-end of the cell phone service market, targeting business users and consumers who are interested in more advanced data services, such as mobile TV streaming and music downloads. Given SK Telecom's experience in providing such services in South Korea where it owns about half the mobile market, SK-EarthLink has a pretty good chance of at least initial success.

"This partnership reflects 30 years of combined experience that EarthLink and SK Telecom have gained anticipating and delivering innovative Internet applications and wireless services," said EarthLink president and CEO Garry Betty. "SK-EarthLink has the potential to reshape the mobile communications market by meeting the growing demand of US customers who are currently underserved by existing voice-oriented wireless operators."

Like all parents, EarthLink and SK Telecom have high hopes for their baby. They expect the new venture to boast some three million net subscribers and $2 billion in revenue by 2009.

The details of what services SK-EarthLink will offer will be revealed over the next few months.    Back to Headlines

INgrooves Dances to the Mobile Beat

Digital record company INgrooves, which markets and distributes dance and electronic music online, has pulled out the wires and launched a mobile music label. INgrooves Mobile Music is chartered with distributing music content including exclusives and custom ringtones, through a variety of wireless operators and mobile content providers.

The new mobile distribution outlet has already signed a number of indie labels including V2 and D-Block as well as artists such as The Crystal Method, Thievery Corporation, Grandaddy and Felix da Housecat. INgrooves expects to add to its catalog of available mobile music in the near future. Artists and labels can sign up with INgrooves for Internet distribution, mobile distribution or both.

Dwango Wireless, 9 Squared and Hudson Entertainment have already agreed to offer INgrooves content through their mobile storefronts.    Back to Headlines

Fox Unit Creates Original Mobile Serials

TV program production and distribution outfit Twentieth Television, a unit of News Corp, and Verizon Wireless have teamed up to deliver two direct-to-mobile series to Verizon Wireless subscribers.

The agreement calls for Twentieth Television to product 26 one-minute episodes each of serial dramas "Love and Hate" and "The Sunset Hotel." The original "mobisodes" are designed specifically for

V CAST, the new multimedia service from Verizon Wireless and the 3G Live service from Vodafone. Both Verizon Wireless and Vodafone will distribute the mobisodes to their customers.

Twentieth Television is also producing promos for each series as well as a separate mobisode on the making of "The Sunset Hotel."

According to Bob Cook, president and COO of Twentieth Television, "In today's multiplatform environment, it is important to identify new and creative ways to supply the ever-growing list of avenues through which content can, and will be, delivered. We feel that the production of these serialized soap operas is a unique way to further bolster Verizon Wireless' and Vodafone's strong product offerings to global markets while creating a value proposition and additional revenue streams for all parties involved.

Lucy Hood, senior VP of content and marketing at News Corp, said that her company is "extremely excited" about the wireless space. News Corp is already working on an episodic series inspired by the hit Fox TV show "24." "'Love and Hate' and 'The Sunset Hotel' are further testament to our company's commitment to unite innovative Hollywood creativity with breakthrough technology."

"Love and Hate" introduces a new production approach Twentieth Television calls "manipulated reality," in which cast members work without a script and involve everyday citizens in their improvised performances and the show's storyline. "The Sunset Hotel"is a completely scripted melodrama.

No word on when the mobisodes will premiere or how much they'll cost.     Back to Headlines

PhoneBites Gets $3m in First Round Financing

Siemens Mobile Acceleration (SMAC), which invests in early-stage wireless companies, led a $3 million financing round in mobile entertainment and technology start-up PhoneBites. Cardinal Venture Capital and Garage Technology Ventures also anted up for the San Francisco outfit's first round.

PhoneBites will use the money to launch its core product, the RAZZ, which lets subscribers insert sound bites into their phone conversations, outgoing messages, voicemails and photo messages. With the patent-pending technology, users press a couple keys on the handset to add an audio clip into a phone call without interrupting it. The effect, says PhoneBites, is a "powerful and very funny entertainment tool."

The available tones range from sports and political satire to holidays, birthdays and everyday humor. PhoneBites sees this new mobile entertainment category as allowing content owners to repackage existing content for new revenue streams, enabling carriers to increase ARPU and providing consumers with a novel form of entertainment.

Over the coming year, PhoneBites plans to launch an additional suite of interactive content and voice productivity applications.

PhoneBites says that initial trials for the RAZZ have garnered interest from several mobile operators, handset manufacturers and consumers.    Back to Headlines

Cingular Launches MobiTV Service

Mobile television network MobiTV has gone live on the Cingular Wireless network. The new service lets Cingular subscribers with compatible handsets watch live news, sports, music, comedy, fashion and other entertainment programs on 22 channels. Content providers include MSNBC, CNBC, ABC News Now, NBC Mobile, Fox Sports, Discovery, TLC and C-SPAN among others.

MobiTV launched on the AT&T Wireless mMode service in October, before AT&T Wireless became part of Cingular. Sprint PCS and Midwest Wireless also offer the live mobile TV service.

At launch, Cingular subscribers with the Nokia 6620 or Motorola V3 (RAZR) or V180 can access MobiTV. It will soon be available on the Motorola V400 and V600 as well.

Cingular customers can subscribe to MobiTV for $9.99 a month. There's a free three-day trial so users can check out the service before shelling out the monthly fee. Because MobiTV uses data, not voice, minutes, Cingular suggests that its customers avoid unexpected charges by also subscribing to one of its MEdia Works Packages.    Back to Headlines

DIC, SmartVideo Create Mobile Channel for Kids

DIC Entertainment, which creates, develops, produces, distributes, markets and merchandises entertainment products for kids, has given its audience even more reason to bug Mom and Dad for a cell phone. The company has partnered with SmartVideo Technologies on the "DIC Kid's Network" animation channel for mobile phones and wireless devices.

Now, using SmartVideo's technology that is supposed to recreate the "true television experience, even over low-bandwidth connections," the DIC library will be available for viewing on mobile phones around the world. SmartVideo's turnkey digital media solution manages and distributes live, on-demand or downloaded play of high-quality video to mobile devices.

DIC has accumulated a library of some 3,200 half-hour animated segments from 100 different programs. Its content includes characters it created such as Inspector Gadget, acquired properties including "Sonic the Hedgehog" and "Super Mario Bros" and licensed brands such as Trollz and Strawberry Shortcake.    Back to Headlines

Uphonia Frees Up Mobile Valentines

SmartServ Online is getting ready for Valentine's Day by giving away free Valentine-themed cell-phone screensavers at its Uphonia.com mobile content Web site. It has created a special page with romantic images that can be sent to a sweetheart's mobile phone. "Uphonia.com is adding a bit of romance to the mobile phone for Valentine's Day," said marketing VP Dan Wainfan. "Now you can surprise your Valentine with a mobile Valentine's card sent right to the screen of their cell phone."

Screensaver images include a dozen roses, valentine's chocolates and a variety of colorful "candy" hearts with special expressions of love printed on them. In addition to the free content, Uphonia Valentine content also includes special ringtones including popular love songs from Rod Stewart, OutKast, the Beatles, Trisha Yearwood, n'Sync, Kylie Minogue and others for $2 each.    Back to Headlines

Sorrent, Fox Team on Mobile Games

Mobile entertainment provider Sorrent Inc and 20th Century Fox have forged a two-year worldwide deal that gives Sorrent exclusive rights to publish mobile games and content based on select upcoming Fox movies.

First up is a mobile game and additional mobile content from the soon-to-be-released computer animated feature "Robots." The mobile game will be released at the same time the console version from Vivendi Universal Games debuts.

Other films whose content is included in the partnership include "Kingdom of Heaven," "Mr and Mrs Smith" and "Ice Age 2: The Meltdown."    Back to Headlines

Nutrax, Weight Watchers Mobilize Nutrition Tracking

Dieting is never easy. It usually isn't fun, either. Two companies this week unveiled mobile applications designed to make it a little more of both.

Nutrax.com has come out with a program that lets consumers snap a picture of their meal with a camera phone and send the photo to an online food diary. It then provides the tools to help users learn "the good, bad and ugly" of any diet.

The system gets smarter with each photo sent. It predicts the contents of the photo, aids the user in planning a meal or workout and sends personalized alerts, tips and suggestions. "Tracking what you eat is essential for results, but most people are too busy for a diet log," according to Leslie Bonci, the nutrition expert behind Nutrax. "Nutrax is something you can actually stick with."

Nutrax offers customizable subscription goals to fit every user's goal, whether it's weight loss, athletic training or living a healthier lifestyle. For the "do-it-yourself" customer, Nutrax offers a $2.95-a-week subscription including photo logging, a database with 26,000 food items and all of the tools needed to understand the user's diet. For those wanting more support, the $8.95-a-week plan adds regular photo diary reviews and 24x7 availability from a personal nutritionist.

Weight loss maven Weight Watchers passed over mobile phones in favor of PDAs with its new mobile food tracker. Weight Watchers On-the-Go for handhelds works in conjunction with a dieter's WeightWatchers.com account, letting users follow the program online and add the mobile product to the monthly subscription cost.

"We like to think of our new mobile product as a global positioning system for weight management," said Scott Parlee, director of product development for WeightWatchers.com. "Our customers told us they want tools to help them stay on course when they're at a restaurant, the grocery store or the gym, so we found a way to put our weight-loss tools in the palm of your hand." Weight Watchers followers either track point values for food and activity or use the no counting plan that lets them eat from a core food list. The new mobile product delivers food lists with over 25,000 items, including brand name groceries and menu items from national restaurant chains, a tracker to keep tabs on food and exercise and a POINTS calculator. It synchs entries between the handheld and Web-based accounts so food doesn't get counted twice.

Weight Watchers On-the-Go is compatible with most Palm OS-based handhelds from manufacturers such as Handspring, Palm and Sony.    Back to Headlines

In-Fusio Bolsters US Presence with Thumbworks Buy

In-Fusio, which provides mobile games and gamer community management, has acquired Thumbworks, a mobile entertainment content publisher.

The deal gives In-Fusio, which is headquartered in France and has offices in the US, England, Russia and China, a stronger presence in the states. The addition of Tustin, California-based Thumbworks will also help In-Fusio speed up development and broaden the range of applications it can provide.

The combined company can offer mobile games, including 3D and multiplayer titles, as well as high-end products and services such as multimedia for 2.5G and 3G broadband. In-Fusio will also combine its ability to manage the games channel for European and Chinese mobile carriers with Thumbworks' infrastructure in order to build community-oriented mobile entertainment for the North American market.

"Anyone who has a cell phone is inherently 'connected,' but we want to go further than that," said Thumbworks president Craig Holland, who is taking the helm of In-Fusio's US operations. "We have joined forces with In-Fusio and have already started to develop compelling, potentially market-shifting applications dedicated to creating community-related mobile entertainment. We are working to ultimately build connections for the mobile user that render meaningless the current distinctions between wireless, online and traditional media."

Thumbworks also contributes such games as Jeep Off-road Jam, Suzuki Motocross Challenge, Etch-A-Sketch, Element Surfing and Tennis by Wilson as well as the recently launched CellToons streaming animation channel, which is available on the Sprint PCS Network.    Back to Headlines

Verizon Wireless Chooses Windows Media for V CAST

Verizon Wireless has selected Microsoft's Windows Media format to power its new V CAST 3G consumer wireless broadband multimedia service.

Launching February 1, V CAST runs over the wireless operator's high-speed 3G EV-DO network and lets subscribers stream and playback audio and video clips using Windows Media technology. The service also employs technology from PacketVideo and thePlatform for Media.

The first three V CAST-enabled mobile phones come preloaded with PacketVideo's media player and content catalog. The PacketVideo player has integrated Windows Media playback and lets users rewind or fast forward streams, download clips for local playback and navigate among video segments. thePlatform media publishing and aggregation system will let V CAST subscribers set their preferences for favorite content, receive SMS alerts as new content becomes available and view new video clips. It also lets users get a summary of their video purchases through their monthly statement.

V CAST multimedia content will be available to Verizon Wireless customers for $15 a month in addition to the cost of their regular wireless plan.     Back to Headlines

UK Mobile Phone Ownership Exceeds One Per Person

There is now more than one mobile phone in use per person, according to the Mobile Data Association (MDA). It said that based on contract and pre-paid subscriptions, mobile phone penetration in the UK now exceeds 100%. Many UK customers now own more than one handset in order to separate voice and e-mail applications or business and personal communications. The 100% milestone was reached 11 years after digital mobile services were first launched in the UK. Italy, Iceland, Portugal, Sweden and Luxembourg also exceed the one-per-person rate with Luxembourg at a 133% mobile penetration rate.     Back to Headlines

SHOW TIME

Movielink Takes to the Skies with Southwest

Movielink and Southwest Airlines want to make it easier for Southwest customers to enjoy their flights. The two have launched a co-branded movie download site where folks who fly with the airline can download Movielink flicks to their notebooks to watch while in the air, waiting at the airport or relaxing in their hotel room.

Available exclusively to Southwest customers in the US, the co-branded service, at www.southwest.com/movielink, provides access to Movielink's entire library of more than 1,000 films from most major movie studios and several independents. Additionally, Movielink will offer new users a coupon for a free first download as well as offer Southwest flyers special deals throughout the year exclusively via the co-branded site.

Movielink downloads require a broadband connection. Once the download is complete, the PC doesn't need to be connected to the Net in order to watch the movie.

"Whether taking a short hop or a flight across the country, entertainment plays a key role in the travel experience," said Movielink CEO Jim Ramo. "Through this relationship, we provide Southwest travelers with a convenient, easy and legal way to download movies that they can take with them and view anytime, anywhere."

Customers can browse through the trailers for free and then register and pay for their rental via credit card. Downloads range from $1.99 to $4.99. Movielink's Movies in Minutes feature lets folks start watching a movie two-10 minutes after it starts to download. Once viewing starts, the customer can watch the film over and over again within the 24-hour viewing period.     Back to Headlines

GreenCine, DivX Launch Online Film Festival

GreenCine, which offers a DVD-by-mail rental program as well as downloads of arthouse and other esoteric films, has teamed with DivXNetworks to launch an online film festival.

The GreenCine Online Film Festival gives filmmakers a chance to present their work to a much larger audience than at traditional festivals. A jury made up of production executives, film journalists, talent agents and video technologists will screen all submissions.

The festival features two categories of competition - narrative features and documentary features. Ten finalists in each category will be available online for download in secure DivX format. Folks who choose to download the films can vote for their favorites as part of the "Audience Award" in each category. The judges will vote on the top prizewinners, which will be screened theatrically in San Francisco.

Winning films will be available for download in their entirety in secure, DVD-quality DivX video. Viewers can watch the films on a PC, TV or any of the 20 million DivX Certified consumer electronics devices available from most major CE manufacturers.

Filmmakers will get a percentage of the revenue GreenCine makes when their films are downloaded.

To participate in the festival, filmmakers either pay a $20 fee per submission or become a GreenCine member. All submissions must be postmarked no later than April 30. The online festival itself will take place from June 1-26. Rules, regulations and other info can be found at http://filmfestival.greencine.com.     Back to Headlines

Broadband TV Comes to Hong Kong

Television Broadcasts (TVB) and phone company Hutchison Global Communications Holdings are expected to start pay-TV services in April in Hong Kong. TVB will have access to one million homes through Hutchison's broadband network. It will be Hutchison's first entry into the television sector. Named New TV, the all-digital multi-channel satellite subscription service is designed for the Hong Kong audience and includes five exclusive Chinese channels supplied by TVB as well as two new exclusive Chinese movie channels.    Back to Headlines

 

DIGITAL MEDIA LEGAL MATTERS

Two Easter Eggs in Supreme Court Filing

The filing that the international copyrights associations made this week in the Grokster/StreamCast case contained two items that raised a few eyebrows:
1. Talking about the unfairness of legit online services such as iTunes and Movielink having to compete against services that give away the same product for free, the brief said, "The same unfair competition would hobble innovative peer-to-peer services that use filtering technology to ensure that copyrighted works are distributed over their networks only when authorized.

The record labels, and perhaps the movie studios, have been working with several companies that are developing filtering technology for use by P2P networks. Shawn Fanning, Napster founder and technology guru, started a new company called SnoCap in 2002 specifically to develop such filtering software. Sources say that the SnoCap product is due to be completed next week.

2. MPAA president and CEO Dan Glickman said that the industry welcomes modern technology and its ability to help the industry reach new audiences more conveniently, more economically. It is unclear whether "more economically" means that consumers will pay less or whether the studios will pocket the savings. Making a new movie available on a server connected to the Internet requires very little "start-up" costs. There is no doubt that the Net substantially reduces distribution costs - no inventory, no DVDs to buy, print and ship, no pricey jewel boxes or covers to buy, no warehouses, no trucks, no gasoline and such.    Back to Headlines

Bertelsmann Hoping to Settle Remaining Napster-based Lawsuits

Last week's decision by Michigan record label Bridgeport Music to settle its Napster-based suit against Bertelsmann gives the parent of major label BMG Music hope that EMI, Universal and the music publishers that sued it will also settle. The suit was based on Bertelsmann lending something on the order of $85 million to the then-renegade Napster, which was operating a P2P network used to trade music tracks for free. Under then-CEO Thomas Middelhoff, Bertelsmann was Napster's biggest funder, putting money into the P2P pioneer in the form of a secured loan. Napster hired Bertelsmann's Digital World Systems (DWS) operation to craft its security layer, so in a sense some of the money went back to Bertelsmann.

Major suits such as this one have a wearing effect on the executives, taking both time and energy. Microsoft CEO Steve Ballmer said, after settling the suits the government brought against the software, that it had been a major drain on the executives. These top-level folks end up spending their "creative" time thinking about the lawsuit and its consequences rather than what the company could do to increase its business. Perhaps that, and the horrible legal fees, prompted Bridgeport Music to settle.

Bertelsmann, no doubt, hopes that similar motivations will bring EMI and Universal to the settlement table. The labels certainly have enough other major obstacles, such as the enormous "spillage" that the P2P outfits still make possible. Surely the music industry would be better served fighting the P2P outfits and building up their online business rather than spending so much time, money and energy trying to damage each other.

EMI and Universal, but not the music publishers, also have a case pending against VC firm Hummer, Winblad because of Hummer's investment in Napster.

Warner Music and Sony Music never joined the suit against Bertelsmann.

The music publishers, including the songwriting team of Leiber and Stoller, argue that Bertelsmann's investment in Napster helped facilitate the pirating of their copyrighted works. The suit, filed in US District Court in Manhattan, alleged that Bertelsmann "made a deliberate and calculated business decision to continue the infringing service in order to preserve Napster's valuable user base for Bertelsmann's own benefit." The lawsuit says that in throwing Napster a lifeline, Bertelsmann "remarkably, did not condition its funding on Napster's stopping its infringement" of publishers' rights. The claim is that Bertelsmann extended the life of Napster with its funding. The claim for damages is based on the German company's "willful participation...in the widespread infringement of copyrighted music works."

Subsequently, of course, Napster, the P2P version, went belly up and Roxio, surprisingly, acquired its assets from the bankruptcy court. Roxio resurrected the Napster name with a legitimate online music service. Roxio has now sold off all its non-Napster assets and renamed itself Napster.    Back to Headlines

 

Major Internet-based Obstacles Facing the Music Industry

- P2P networks still flourish. Usage is at record highs.

- The labels have been unable to successfully launch new CD technology that can deter copying.

- Every PC comes with a CD player today, making it easy to copy the music tracks on a CD to the PC's hard disk.

- Most every PC comes with a CD recorder, simplifying copying tracks to multiple PCs.

- Once a music track is copied from a CD, it's simple to send copies by e-mail, P2P networks, instant messaging and file transfer software such as AOL's ICQ.

- Music fans have refused to accept any of the currently available digital rights management schemes. The labels will have to find less intrusive, more user-friendly technology to protect music.

- Although Apple's iTunes is considered wildly successful, particularly when compared to the competition, it sells many times fewer music tracks than are still being downloaded for free on the P2P networks.

- Portable digital music players such as those from Apple, Creative and iRiver, come with hard drives that hold up to 20GB of music files. Spending 99 cents a pop to download thousands of songs from digital music stores to fill the player would run up a much larger tab than most consumers are willing to spend. Consequently, users turn to illicit copying and downloading to fill up their music players, exactly as Microsoft's Ballmer said recently.

- A US judge has ruled, and an appeals court upheld, that Grokster and StreamCast, two of the major P2P players, can't be held liable for the copyright infringement activities of their users. If the US Supreme Court upholds the ruling, the financial foundations of the music and movie industries will be destroyed. The two industries should be thinking about contingency plans were that to happen, not about suing each other. Otherwise they might find themselves in the same situation as the lawyer and his client in John Grisholm's Rainmaker - a win in court but against a bankrupt defendant.    Back to Headlines

What's the Hurry? It's Only Killing the Digital Media Business

The US Congress House Commerce Committee this week said that it is making anti-spyware legislation a top priority. It expects to get a bill out of committee and before the full House some time in the next two or three weeks.

"This is on the fast track, and we hope to be marking this bill up in the very near future," said Committee chairman Joe Barton (R-Texas). Spam, spyware, adware and viruses are the four horsemen of destruction that are sabotaging the emergence of PCs and networks as home entertainment devices. Unless the four evils are corralled, the promise of the digital home will never be fulfilled. People don't want to have to reboot their stereo, find their home media server destroyed by viruses, watch unwanted pop-up ads appear when they're watching a program recorded on their DVR and find that some hacker has been poking around their entertainment PC.

Industry leaders including Microsoft, Intel, Cisco, AOL, the phone and cable TV companies and the like have not given priority to solving the problems that they should have. They will regret abdicating their responsibilities and letting the government fill the vacuum that they should have filled. In fact, they'll be the first to scream when a government agency begins dictating rules and regulations to solve the problems.    Back to Headlines

MPAA Files 2nd Round of US Suits against File Swappers

The MPAA this week filed a second round of copyright infringement lawsuits against an undisclosed number of alleged US online movie file-swappers. "We cannot allow people to steal our motion pictures and other products online, and we will use all the options we have available to encourage people to obey the law," said MPAA CEO Dan Glickman. The MPAA is following the same path that the RIAA blazed. The RIAA has filed over 7,000 suits in the US against alleged file swappers. The MPAA's first round of suits were filed in November. It also spearheaded an international effort against people who operated services such as eDonkey and BitTorrent. The effort resulted in several arrests in Europe.    Back to Headlines

More Briefs Filed with Supremes in Grokster/StreamCast Matter

The US Solicitor General, the Progress and Freedom Foundation (PFF), the Business Software Alliance (BSA) and the Christian Coalition of America have filed friends of the court briefs with the US Supreme Court in support of the film and music industries and their suit against P2P networks Grokster and StreamCast.     Back to Headlines

LIES, DAMN LIES, AND STATISTICS

Consumers Paying for Online Content

Consumers are actually willing to pay for content that they used to be able to get for free off the Net. Here are some examples of the trend that's bound to make content owners see dollar signs:

1. RealNetworks ended last year with about 700,000 subscribers to its Rhapsody music and premium radio services, up from 625,000 in the third quarter. However, there was no growth in its subscriptions to live feeds of NASCAR and CNN, so RealNetworks pulled the plug on both.

2. The number of consumers paying for access to the Wall Street Journal Online rose 3.3% during the fourth quarter, the result of a five-day promotion that offered free access.     Back to Headlines

P2P Use Continues at High Level Despite Millions in Legal Fees

The worldwide use of P2P networks for swapping music, movie, game and software files continues at a high rate despite all the millions that the record labels and movie studios - especially the labels - have spent on lawyers. The labels' legal strategies and their lawyers have been unable to slow the use of P2P networks to swap files.

The labels' legal strategy has been two-fold:

1. Sue the P2P networks. Napster and Madster/Aimster have been closed down. The suit against Sharman Networks and Altnet in Sydney is currently in the court with no apparent winner, at this point. The suit against Grokster and StreamCast has been appealed to the US Supreme Court, which is expected to hear oral arguments March 29th. The case against Sharman, which started in the same Los Angeles court, seems to be in abeyance with no known schedule.
2. Sue the P2P users. This once unthinkable idea of suing music fans has turned into such a commonplace event - over 7,000 have been filed so far in the US - that the press, which once put the suits on the front page, hardly covers them any longer.

The labels' legal strategy has also included turning on each other, diverting time and resources from fighting the real enemy. Bertelsmann found itself defending a multi-billion-dollar suit initiated by fellow major labels Universal and EMI, plus a group of music publishers, because Bertelsmann lent Napster some money in what Bertelsmann claims was an attempt to gain control and tame the Napster P2P network.

Despite the millions of dollars spent, P2P usage rolls merrily along.

Here are the latest numbers from the webzine Slyck.com as of January 25, 2005 - 6:00 PM EST:

P2P Network Users

 Network              Users

eDonkey2K        2,831,988
FastTrack          2,539,673
Warez               1,101,748
Gnutella               939, 932
Overnet                798, 554
DirectConnect       355,490

* Kazaa, Grokster, iMesh and Morpheus use the FastTrack network.

Note: The numbers represent the number of people who were connected to the P2P networks and sharing files. They are not the total number of people who have downloaded and installed the software. They are also not the number of people who have used the P2P networks over a period of time, only those actively connected at that point of time. The other numbers are many times larger.

Over 8.5 million users were connected to the most popular file-swapping sites on Tuesday night, according to Slyck, minus a few hundred that were the labels and their cyber sleuths. Multiply the 8.5 million by anywhere from 10 to a hundred and it's possible to gauge the number of tracks and flicks being made available for copying - probably in the hundreds of millions.

The numbers do not include the millions of people that are using the many untraceable methods for swapping files - e-mail, AOL, Microsoft and Yahoo instant messengers and AOL's ICQ file-swapping software.

The numbers of tracks being swapped over the Internet still, despite all the legal fees, far outweighs the number of tracks that the online music services sell. In light of the continued high usage of P2P networks for file swapping, perhaps a new legal strategy is called for. If the Supreme Court finds against the labels by ruling that the P2P networks cannot be held liable for the copyright infringing activities of their users, then perhaps new lawyers are needed.     Back to Headlines

Consumers ready for iPod-like Cell Phones

Consumers are becoming comfortable with the idea of listening to music or viewing video on their mobile phones, according to a new report from consumer technology think-tank The Diffusion Group. The report, titled "Media Phones: The Next Portable Media Player?," shows that among Internet users that also have cell phones, 42% would be comfortable listening to music and 30% would be comfortable watching TV or movies on their cell phone.

"More than 70% of US households in general, and 93% of Internet households in particular, now own at least one cell phone," said Dale Gilliam, an analyst with The Diffusion Group. "Among Internet households in particular, enjoying digital mobile multimedia is becoming increasingly attractive. Consumers are looking for convenient ways to access their digital media and the mobile phone offers an intuitive, familiar and comfortable form factor through which to enjoy this content."

Other points from the study are:
- Among Internet households with a cell phone, more than 25% are interested in having a digital music player on their cell phone.
- Among those Internet households likely to cancel their landline phone service and go "mobile only," 53% are comfortable listening to music on their cell phone, while 38% are comfortable watching TV or movies.
- Among the various age groups, younger heads-of-household are most comfortable with the idea of consuming multimedia content on their mobile phone. Almost 60% of 18-to-24-year-old Internet heads-of-household are comfortable listening to music on their cell phone, while 46% would watch TV or movies.     Back to Headlines

14b Internet Video Streams Last Year

Internet users accessed about 14 billion video streams in 2004, up 80% over 2003, according to AccuStream iMedia Research. The average length of an Internet video was 2.5 minutes. "The appetite for streaming video by broadband users at work and home continues to drive growth in streaming media," said AccuStream's director of research, Paul Palumbo. He said that ESPN.com, MSN Video and Launch.com were among the leading video streamers. "The streaming video experience has become more modular in format, with video clips now running back-to-back, the Internet's version of television," he said.    Back to Headlines

DVRs Causing Sky to Fall

The "ad-skipping" that digital video recorder users practice threatens the business model of commercial broadcasters and consequently the investment in drama and comedy, according to UK media buying agency PHD. It says that in homes with personal video recorders such as the one from Sky Plus in the UK, 77% of ad breaks are skipped during the 42% of shows that are recorded. The study predicts that by the end of the decade there will be an 8.7% decline in commercial "impacts" - the number of times any one ad is viewed.

The consequences would be worse, the study says, if it weren't for the fact that in homes with access to lots of TV channels, there is a 31% increase in viewing of commercial channels compared to those with Britain's traditional five channels. Homes with DVRs watch a fifth more television than those without, says the study.

PHD chairman Tess Alps said that the change wouldn't be catastrophic for TV advertising because other media faces similar challenges. Alps said that expensive-to-produce comedy and drama programs would be impacted the most. "There is no way some of these things are going to be as well funded as they currently are," she said.

The PHD study found that DVR users are more likely to watch live broadcasts of news, sport and soaps. Comedy, classic movies and drama serials are more likely to be recorded, making it easier for DVR viewers to speed through the commercials than to do so when watching live broadcasts.

Editor's Note: It's painful to report "end of the world warnings" such as this, claiming that if there is a decline in the revenue from TV commercials, there will be a decline in drama, comedy, sports and other forms of entertainment. Long before there were TV commercials, dramatists such as William Shakespeare were producing drama and comedies that would still rank among the best of all time. People would continue writing music in a world without CDs just as Mozart or Stephen Foster did. Without TV there would still be sports, wonderful sports as in the golden era of the 1920's. Poets like John Keats and Edgar Allan Poe were turning out classic verse long before anyone ever thought of television. So, please, folks, a few less fireworks and a little more reality in those warnings.      Back to Headlines

Secrets of DVR Devotees

The secret doings of DVR owners had to become public sooner or later. There are just too many DVR users these days to keep hidden the tricks they use nightly to save time. A couple of them are:

- It doesn't take a DVR user very long to learn how to time the "fast-forwarding" through commercial breaks so that none of the commercials are seen but the user doesn't miss any of the program. It takes a bit of doing because when the user hits "play" while in the fast-forward mode, the DVR acts like a VCR and backs up a bit. So if play is pressed too soon, the user sees commercials. If play is pressed too late, the viewer misses part of the program and has to back up to start viewing at the very end of the commercial. A few night's practice with the DVR's remote control and most viewers will be blocking out all commercials without missing one second of the program.

- Another "ad-skipping" technique that is used when watching live TV is to pause the DVR at the beginning of the program and do or watch something else for a few minutes. When the viewer returns to the program he wants to watch, there is enough of a lag for the viewer to zip through the commercials without getting to the point where he is watching live content and thus cannot forward through the ads.    Back to Headlines

ONLINE MUSIC SERVICES

Dimensional Associates Creates Mobile Unit; Takes Orchard Catalog Mobile

In a move that boosts the availability of independent music for mobile phone ringtones, The Orchard has licensed portions of its catalog to eight mobile content distributors including Dwango Wireless, Zingy, 9 Squared, HIFI Ringtones, IAM Mobile, Securycast, Arvato Mobile and Hudson Soft. The licensed tracks, selected from the Orchard's 300,000-track catalog, will be offered as "mastertones" or "true tones," ringtones and ringback tones that are snippets of actual song recordings rather than polyphonic or monophonic reproductions.

The tracks available to mobile users range from comedy to rock and world music. Initial tracks include comedy from Jerry Seinfeld and George Carlin; rock from Coldplay, Green Day and Beck; current hits from newcomers such as Keane and The Donnas; tango from Astor Piazzolla and Indian music from Ravi Shankar among songs from other artists and genres. The Orchard will also program broad theme-based music offerings from its deep catalog.

"Mobile music services want to work with suppliers like The Orchard who understand how to merchandise independent music on mobile platforms," said Greg Scholl, CEO of the Orchard and a managing director of its parent company Dimensional Associates. "Our expertise in programming niche genres and our deep catalog will now extend on mobile platforms across four continents through these licensing deals. We remain committed to leading the industry in expanding the market for the world's best independent music-and providing revenue and exposure to our label partners."

With the new mobile offerings from the Orchard as well as additional mobile music market opportunities, Dimensional Associates has formed Dimensional Mobile Entertainment (DME). The new venture will be focused on exploiting all the mobile opportunities across all of Dimensional's companies as well as developing new mobile media business through acquisition and internal development. David Pakman, a Dimensional managing director and COO of its eMusic digital music download store, will head DME.
Mobile initiatives planned for DME this year include:
-The eMusic Mobile service, a new offering for eMusic subscribers that will allow a single subscription across PC and mobile platform for mastertones, streams and full-length downloads to mobile phones.
-Renewed efforts around exploiting the Dimensional Music Publishing catalog, including distributing mono- and polyphonic ringtones to mobile operators. The catalog includes such varied tunes as John Denver songs, "Disco Inferno," "Get Up, Stand Up" and Billy Strayhorn's "Take the 'A' Train."

"The digital music revolution is not shackled to the PC," said Pakman. "Mobile devices are perfect delivery vehicles for digital music. Outside the US, the digital music market is five to 10 times larger on mobile platforms than on PC platforms. We are well positioned to capitalize on this trend by investing heavily in the development of mobile music across Dimensional's portfolio and building new businesses focused on portable music."    Back to Headlines

iTunes Sells 250m Downloads

Apple is bragging about its iTunes Music Store again - and with good reason. Fans of the leading digital music download site have purchased more than a quarter billion songs since the store launched. They're downloading more than 1.25 million songs a day, giving iTunes an annual run rate of almost half a billion songs.

Of course it helps that iTunes is now available to music lovers in 15 countries, representing more than 70% of the global music market.

"When we launched the iTunes Music Store we were hoping to sell a million songs in the first six months - now we're selling over a million songs every day, and we've sold over a quarter billion songs in total," said Apple CEO Steve Jobs. "iTunes is leading the way into the digital music era and together with iPod is changing the way millions of music lovers find and enjoy their music."     Back to Headlines

Loudeye Adds DMI Music

Digital Musicworks International (DMI), the first all-digital, full-service music label, has signed an international distribution agreement with Loudeye that calls for Loudeye to add DMI's licensed content to the catalog it provides to the digital music sites that use its distribution services. Loudeye and its OD2 European digital music distribution business currently provide content and technology to more than 75 music stores around the world.

The deal initially covers 17 countries outside of North America, including the UK, France, Germany, Austria, Switzerland, Italy, Spain, Belgium, the Netherlands, Ireland, Iceland, Norway, Sweden, Denmark, Portugal, Slovenia and Australia. In the US, Loudeye will distribute DMI music to mobile operator Cingular/AT&T Wireless.

The distribution partnership will make music from DMI artists immediately available worldwide. When new music from a DMI artist becomes available, it will be processes through Loudeye's distribution network and made available to all of its music store partners.

Founded last year, DMI focuses on "building upon and embracing" the digital download format to deliver more value to the artist community.    Back to Headlines

The Orchard Adds Labels, Music Services

The Orchard, which distributes music from independent labels and artists to digital music stores, has signed licensing deals with 15 additional leading European and US labels. Music from the labels, which cover a wide range of genres, will be offered through the Orchard's distribution partners. It provides music to more than 100 digital music services around the world including iTunes, MSN Music, Real/Rhapsody and eMusic, which is owned by Orchard parent Dimensional Associates.

In addition to signing new content partners, the Orchard also added eight more distribution partners. Virgin Megastores France, Yeahronimo Media Ventures, 7 Digital, Ruckus, Bollyvista, MusicNow, Soundbuzz and iMusica are all adding music from the Orchard's 300,000-track catalog to their libraries.

The new European labels joining with the Orchard include:
* Big Chill: A label that grew out from UK-based electronica/chill-out festival The Big Chill.
* Fire Records: Long-running underground UK rock label with early catalog from Pulp, Television Personalities and Spacemen 3, plus new music from Bark Psychosis and others.
* JSP: Since 1978, JSP has released jazz and blues recordings from legends like Louis Armstrong, Charlie Parker, Django Rheinhardt, Mills Brothers, Buddy Guy, Cab Calloway, Louis Prima and many others.
* Avid: Over 100 jazz and easy listening titles from Count Basie, Duke Ellington, Benny Goodman, Nat King Cole, Perry Como, Bing Crosby, Doris Day, Glenn Miller, Ella Fitzgerald, Billie Holiday, Peggy Lee and many others.
* Document: Over 900 historical vintage blues and jazz recordings from Lightnin' Hopkins, Son House, Big Joe Williams, Blind Willie McTell and others.
* Black Lotus: Greek extreme metal label with artists including Acheron, On Thorns I Lay, Morning After, Velocity and many others.
* Simply-Red.com: Artist-owned label for UK soul-pop giants Simply Red.
* Ariwa: Dub reggae label run by London-based producer Mad Professor. Catalog includes Lee "Scratch" Perry, Horace Andy, U-Roy and others.
* Season of Mist: French extreme metal label with artists like Mayhem, Morgul, Carpathian Forest, Green Carnation and others.
* TVA: Norwegian label featuring traditional Norwegian folk, country & western, children's music, jazz and much more.
The newly signed US labels include:
* Checkered Past Records: Founded in March of 1997, Checkered Past set out to provide a suitable home for the finest roots musicians from the underground.
* Atavistic: Chicago label focusing on avant rock and experimental jazz, including artists like Swans, Vandermark, Glenn Branca and Spaceways Incorporated.
* Slam Jamz: Started by Public Enemy's Chuck D in 1996, Slam Jamz is an Internet-based label releasing hip-hop, rock and metal.
* Manifesto: With roots dating to 1968, Manifesto's catalogue includes early recordings from Tom Waits, Tim Buckley and the Dead Kennedys, plus the Wedding Present, The Lilys and others.
* Tipitina's: In-house label for legendary long-running New Orleans nightclub known for nurturing roots, blues, rock and R&B acts.
* Go Kart: NYC-based punk/hardcore label established in 1992 includes music from Buzzcocks, Anti-Flag, Lunachicks, Down By Law and others.
* Inspired Corporation: Diverse label founded in 1928 featuring the Peter Pan Music Publishing catalog, one of the oldest independent distributors of children's health and wellness products.
* Tomato: Folk/blues label with origins dating to 1968. Catalog includes Townes Van Zandt, John Lee Hooker, Albert King, Ike & Tina Turner, Louis Armstrong, Howlin' Wolf, Nina Simone and many others.
* Acrobat Music: UK label with huge archive of blues, jazz, doo-wop and country titles, including music from Son House, Frank Sinatra, Dave Brubeck, Jefferson Airplane, Etta James, Count Basie, Duke Ellington, Lionel Hampton and many more.
Earlier this week the Orchard announced partnerships with wireless content providers to distribute its music catalog for ringtones and other mobile music applications.   Back to Headlines

Mashboxx First P2P With Filtering

As we reported back in November, Mashboxx, a joint venture of major label Sony BMG and P2P outfit Grokster, is the first company to sign on to use the upcoming technology from P2P filtering start-up SnoCap, the latest venture from Napster founder Shawn Fanning.

Mashboxx uses available P2P networks such as Gnutella and eDonkey, but layers on SnoCap's filtering technology in order to make itself a legal service that the labels authorize. Former Grokster CEO Wayne Rosso, who's heading up Mashboxx, told the Washington Post last month, "I'm about to get everything I've been fighting for and frankly so is the record industry." Rosso said that SnoCap wouldn't prevent Mashboxx users from downloading and uploading songs, but it will force them to pay for their music.

SnoCap electronically "fingerprints" songs and maintains a database of those fingerprints to compare against tracks being sold on retail sites or traded over P2P networks. The record companies are responsible for claiming their songs and for setting the rules on how those songs can be copied and made available for copying. The labels have several options for their own tracks - making them available at no cost, setting a time limit on free trades, selling tracks or preventing any distribution. They can also change the rules at any time.

Universal Music and Sony BMG were reportedly the first two labels to set rules for how their songs are made available with the SnoCap system. Prices per track will vary but most are expected to be about a dollar, following the lead of Apple's iTunes.    Back to Headlines

Convert Music Industry to Utility Model, Monthly Mandatory Fee

People should pay for their music the way they pay for utilities such as electricity and water, according to a Forbes article by David Kusek, VP of Berklee College of Music, and co-author of The Future of Music Manifesto for the Digital Music Revolution.

Kusek says that more people are consuming music today than ever before, yet very few of them are paying for it. "The music recording industry blames file sharing for a downturn in CD sales and, with the publishing companies, has tried its best to litigate this behavior out of existence, rather than try to monetize the conduct of music fans," he said. "These efforts are fingers in a dike that is about to burst."

According to Kusek, the music industry ought to establish a "music utility" approach to the distribution and marketing of interactive digital music, just as the water, gas and electricity utility systems have done. He proposes that consumers pay something like $3 to $5 a month for the service. With approximately 200 million people connected to the Internet in the US, the annual revenue stream for a music utility model could be somewhere between $7 billion and $12 billion for the basic service, he said, comparable in size to the existing US recorded music market, which in 2003 had a retail value of $12 billion, according to the RIAA.

The monthly fee could be raised to include packages of premium content, live concerts, new releases, artist channels, custom compilations and the like. He says that it's time for the large record companies to "create a future for music where the money really flows and the global market for music can grow from $32 billion to as much as $100 billion.     Back to Headlines

Gracenote Top 10

Most-Played CDs on the Internet For the Week Ending December 12

This     Last
Week   Week            Artist/Title

  1            1               Green Day/American Idiot (Reprise)
  2            2               Eminem/Encore (Shady/Aftermath/Interscope)
  3           N/A            The Game/The Documentary (Aftermath)
  4             3              U2/How to Dismantle an Atomic Bomb (Interscope)
  5             4              Usher/Confessions (Arista)
  6             6              Linkin Park/Meteora (Warner)
  7             5              Linkin Park & Jay-Z/Collision Course (Warner)
  8             8              Evanescence/Fallen (Wind-Up)
  9             7              Franz Ferdinand Franz Ferdinand (Domino)
 10           11             The Killers/ Hot Fuss (Island)


Aggregatedfrom over 30 million listeners using media players powered by the Gracenote CDDB Music Recognition Service.    Back to Headlines

PRODUCT WATCH

Sony Notebook Gets High Marks for Digital Media Functions

Sony's new VAIO VGN-T150 laptop PC weighs just over three pounds and features a 10.6-inch Xbrite wide screen display, loads of digital media features and long battery life. PC Magazine says that it isn't the best notebook for working professionals because of the cramped keyboard. But it works just fine for digital media fanatics. The magazine says, "Get this notebook for its entertainment features and portability, but if you just need a productivity workhorse, stick with the IBM X40 for a better typing experience and better performance." PC Mag also calls the new VAIO "Perfect for the traveler who digs style, watches DVD movies on the go and has to check in with work."   Back to Headlines

MPAA Launches 'Parent File Scan' Software

The MPAA this week introduced software called "Parent File Scan" that parents can use to determine if file-sharing software or copyrighted media files have been downloaded to their PC. The MPAA says the software doesn't collect or report any information on users.    Back to Headlines

Scientific Atlanta Inks Telewest Deal for Super-sized DVR Box

Scientific-Atlanta has signed a deal with the UK's Telewest Broadband for digital video recorder-equipped set-top boxes for delivery to Telewest cable TV customers later this year. The boxes will have 160GB drives - about 160 hours of recording of standard definition TV programs, 80 hours of digital programs - and three, yes three, video tuners. The two features will make the box one of the best DVRs on the market - both for the recording capacity and for the three tuners.

Viewers will receive Telewest Broadband's digital TV service and be able to record two channels simultaneously while watching a third. Traditional DVR functions such as pause, record, rewind and fast-forward are included. The unit will also be able to deliver high-definition TV (HDTV) content in the future.
Telewest Broadband this week launched a new TV-on-demand service that offers additional movies, TV programs and specialized content.     Back to Headlines

DIGIGRAMS

Will Mark Dyne Step Forward as Owner of Sharman, FastTrack?

Speculation continues about who is the ultimate owner of Sharman Networks and who actually owns the FastTrack network that Sharman's Kazaa software uses for file swapping. The latest rumbling is that a shadowy figure named Mark Dyne owns both Sharman the company and FastTrack the network. Mark Dyne was once a partner in the " operation with Kevin Burmeister who operates Brilliant Digital and Altnet and is a defendant in the Sydney trial against Sharman Networks. Nikki Hemming calls herself the Sharman CEO but there have been suspicions that another power pulls Hemming's strings because of Sharman's complex legal incorporation in the remote South Sea island of Vanuatu. Sharman lawyers have fought tooth-and-nail in the Sydney case to keep hidden the actual identity of Sharman's owner. Dyne's public facing these days seems to be his California-based companies EuroCapital and EuroPlay. Dyne owns over 25 million shares of Bermeister's Brilliant Digital and was issued eight million options for his service as Brilliant's CEO. The US-based Brilliant was formed by merging the Australian-based Brilliant Interactive Ideas and Sega Australia New Developments.    Back to Headlines

Mercora Gets $5m from NVP

Mercora, which combines peer-to-peer and Internet streaming technology in its Internet radio network, recently received $5 million in Series B funding from VC firm Norwest Venture Partners (NVP). As a result of the financing, NVP venture partner Jim Lussier and managing partner George Still have joined Mercora's board. Mercora's IM Radio lets users search, find and legally listen to music provided by individual Webcasters from around the world. Mercora has more than 300,000 registered users who listen to its growing repertoire of more than 15 million user-contributed tracks in near-CD-quality sound.     Back to Headlines

Where in the World Is the Case against Sharman?

There are those who wondered, as we did, why Sharman Networks, the third defendant in the case that the movie studios and record labels are appealing to the Supreme Court, was not found to not be liable for the sins of its users, were the other two defendants, Grokster and StreamCast. Reportedly the Australian-based Sharman was late in being served legal documents. The result is that the case against Sharman was put on a separate and delayed track. There's no word when the case will proceed. Perhaps Judge Stephen Wilson, the Los Angeles federal district judge overseeing the case, is waiting to see what the Supreme Court does with the ruling made in the case against Grokster and StreamCast.    Back to Headlines

Napster Adding Video Downloads?

According to the Financial Times, Napster is pondering the possibility of adding film, TV and other video content to its download service. "We are currently considering moving into video, particularly to tap the younger video game generation," the paper quoted Napster chairman and CEO Chris Gorog as saying. "I do think that while there are huge players in the delivery of movies…there could be a role for Napster."    Back to Headlines

South Korean P2P'ers: Pay Up or Serve Time

A new South Korean copyright law gives singers, instrumentalists and record producers more control over their works. People who upload or download music files over the Internet without the consent of the copyright holders will be found in violation of this law and be required to pay a fine of about $48,000 or spend up to five years in prison.    Back to Headlines

Sony Planning Portable Music Service

Sony is reportedly planning another foray into digital music downloads, this time with a service for users of its new PlayStation Portable handheld game console in the UK. According to Brand Republic, the service, being developed by Sony Computer Entertainment Europe, will start out as a way to market and offer free game content to PSP users. It will then morph into a music download service as well, allowing users to download tracks directly to the PSP. The handheld itself is scheduled to hit retail shelves in the UK in March. Look for the download service to launch over the summer.     Back to Headlines

Google May Add Internet Telephony

Reports are circulating that Google, which conducts half of all Internet searches, may add Internet telephony (VoIP) to its search functions. Once a Google search turns up a retailer's Web site, the searcher could instantly and easily call the store.     Back to Headlines

Yahoo On the Content Trail

Lloyd Braun who runs the new Yahoo media group told the Hollywood Reporter at the National Association of Television Program Executives meeting that he's looking for programming to deliver online. "Right now, we're an aggregator," he said. "We have great deals with Jib Jab and Mark Burnett for extra content from "The Apprentice" TV show. There's going to be more and more of that." Braun said that the Internet is "the next exciting place in media." Program producers would have to take some risks on the Net, he said. He also mentioned that Yahoo would not burden itself with overwhelming upfront costs.    Back to Headlines

Google Testing Video Search

Google is testing a service that'll allow users to search video from ABC, PBS, Fox News and other TV networks. Google will receive still images from the programs as they are broadcast and index based on subtitles contained within the programs. Search results will display a still image of the program's relevant part. "Now users can search the content of thousands of TV programs, find the shows that have the information they're looking for, and learn when they can watch them," said Google co-founder Larry Page. "Connecting users to playback is an obvious next step," said John Piscitello, Google Video product manager.


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