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Atari Online News, Etc. Volume 02 Issue 36
Volume 2, Issue 36 Atari Online News, Etc. September 8, 2000
Published and Copyright (c) 2000
All Rights Reserved
Atari Online News, Etc.
A-ONE Online Magazine
Dana P. Jacobson, Publisher/Managing Editor
Joseph Mirando, Managing Editor
Atari Online News, Etc. Staff
Dana P. Jacobson -- Editor
Joe Mirando -- "People Are Talking"
Michael Burkley -- "Unabashed Atariophile"
Albert Dayes -- CC: Classic Chips
With Contributions by:
Kevin Savetz
Donald A. Thomas, Jr.
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Visit the Atari Advantage Forum on Delphi!
http://forums.delphi.com/m/main.asp?sigdir=atari
=~=~=~=
A-ONE #0236 09/08/00
~ More Digital Antic! ~ People Are Talking! ~ AOL Going Mobile!
~ MS Loses E-mail Suit! ~ MP3.com Loses Big Time ~ SegaNet Launches!
~ Connectix Suit: March ~ Supreme Court Says No! ~ Kmart: Bring Parents
~ Donald Duck Is Loose! ~ eGames Loses vs Hasbro!~ Thomas Support Grows!
-* IBM Unveils New ThinkPad PCs *-
-* California Seeks Online Sales Tax! *-
-* Bristol Technology Kicks Microsoft's Butt! *-
=~=~=~=
->From the Editor's Keyboard "Saying it like it is!"
""""""""""""""""""""""""""
Ugh, what horrible weather we had here for the long Labor Day weekend! It
was a disappointing last hurrah for summer! Oh well, it was something
typical for New England; naturally, the days afterward were picture perfect!
Lots of interesting news this week, and we have it all for you. It appears
that Microsoft was a 3-time loser this week. It lost its case against
Bristol and also Harris. The third disappointment was that the Supreme
Court failed to take any action with regard to its (Microsoft) antitrust
case. Better luck next week, Bill!
First Napster, and now MP3.com . Looks like music on the web is taking a
severe beating! And to wrap things out, California has filed a bill to add
taxes for online sales. Let's hope that they don't set a precedent for the
rest of us!
Since it was a "short" week, I'll let you off easy this week so you can get
to the best parts of this week's issue!
Until next time...
=~=~=~=
Digital Antic Project - 8 new issues
We've added the full text of eight issues of Antic magazine to
the Digital Antic Project. Here are the latest additions:
July 1983 - Vol. 2 No. 4 - Computing: the New Adventure
September 1986 - Vol. 5 No. 5 - Weather
February 1987 - Vol. 5 No. 10 - Word Processing
March 1988 - Vol. 6 No. 11 - Video Game Shootout
July 1988 - Vol. 7 No. 3 - Newsroom Comes To Atari
June 1989 - Vol. 8 No. 2 - Diamond Cartridge
October/November 1989 - Vol. 8 No. 6 - Money Magic!
February/March 1990 - Vol. 8 No. 8 - Atari Recorder
Our next project will be to get the full text of STart magazine online:
if you're an ST lover with a scanner, OCR software, and some time to spare,
you can help. Send e-mail to savetz@northcoast.com.
I also need to find someone with an expertise in ST file munging and the
ability to move STart disk files from old ST disks to the Internet.
http://www.atarimagazines.com
--Kevin Savetz
--
Kevin Savetz <savetz@northcoast.com>
Curator of the Digital Antic Project -- Classic Atari magazines on the Web
http://www.atarimagazines.com
Moderator of news:comp.sys.atari.announce -- Atari computer news
=~=~=~=
PEOPLE ARE TALKING
compiled by Joe Mirando
jmirando@portone.com
Hidi ho friends and neighbors. I know that I didn't make a big deal
about Labor Day last week other than to hoot about a three day weekend,
but it was also the signaling of the end of summer.
It really hasn't been much of a summer, but what there was of it is
behind us now. A few spots of "indian summer" and it'll be but a memory
tucked in among all the other seasons with their few peculiarities, the
only things to make them unique.
So, what have I done with my time this past week? Well, let's see... I
broke a toe... nothing spectacular, mind you. I 'stubbed' it while
hurrying to get ready for work. So I've spent the balance of the week
hopping around and trying not to whack it on anything else.
Why is it that injured parts of the body usually become "bump magnets"?
Just another one of life's little surprises I guess.
Well, let's see if there's anything surprising lurking about on the
UseNet.
From the comp.sys.atari.st NewsGroup
====================================
Chris Swinson asks:
"Apart from funet.fi ftp server, are there any other good ones [ftp
servers] where I can upload Atari files to?"
Rob Mahlert of Atari-Users.Net tells Chris:
"I just started a ftp server on ftp.Atari-Users.net.
It's a new server, so we would appreciate ANY help filling it up with
files. Just place them in the incoming folder and I will move them into
the public folder.
Please include a text file with a short description when you upload a
file."
Steve Sweet asks Rob:
"What settings will i need for my mate Fiffi to be able to connect to this
site."
Rob tells Steve (and the rest of us):
"This is an Anonymous ftp, use your complete e-mail address as
password. The IP address is ftp://208.56.156.115, port 21 I believe.
All uploads must be placed in the incoming directory. All I ask is you
place a text file with the upload with a short description that I will
use in the 0index file."
Chris Terry asks for help with his 1040:
"Can anyone help me? I'm looking for the cable to connect an Atari
1040st to a SH204 hard disk. I guess I will have to make a cable.
What I need to know is the pinouts of the two devices. Does anyone
know where I can find this information? Is it just a pin 1 to pin 1
etc connection?"
'Dr. John' tells Chris:
"Confirmed: It is a straight through connection.
You can make the 19 pin connector by removing the pins from a standard 25
pin, then clipping the shroud.
I always hot glue the connectors once made, stops them parting company
later."
Richard Kilpartick tells the good doctor:
"ICD are selling DMA cables fairly cheaply... looks nicer, and doesn't
require glue!"
Joakim Högberg posts this notice about AtariICQ:
"AtarICQ 0.143 and AICQ.OVL v36 are released!
Quite a lot of smaller changes are made, both some optional features you
might like, and some improvements to reliability. For full details, go
to my homepage.
http://gokmase.atari.org "
Derryck Croker tells Joakim:
"I witnessed a demo of ICQ at our last club meeting, I was quite impressed!
Will there be any chance of a version to work with IConnect or IFusion
please?"
For those of you who don't know, ICQ (I Seek You) is a messenger
program. It's a very easy way to chat with friends no matter where
they are on the internet.
Lyndon Amsdon posts this news about the Milan:
"Just been over to http://www.woller.com and seen some new news about a
TV card for the Milan. The software (and hardware I suppose) is called
GEM TV and at V0.24, so it's in its early stages.
There's a screenshot that looks promising too. If I recall correctly, it
costs 398DM with software and hardware card. It doesn't say whether it's
for the Milan II but I would assume so; it just says "for the Milan".
Looking at the screenshot it looks like it uses Aniplayer for the
sound (bottom left). I think that's a very good idea.
Anyone else got any Milan (II) info? I still can't find a release
date of the Milan II into the public....
I searched the Motorola web site and couldn't find anything on there
to do with the Milan deal with Motorola.
Hmmm, are Motorola ashamed.....embarrassed....or just secretive.... "
Dr. Uwe Seimet, the author of HD Driver, tells Lyndon:
"Release date? As long as neither driver nor operating system software
(MagiC) has been licensed I wouldn't expect anything to be released.
Perhaps Motorola doesn't know anything about the Milan at all."
Odd Skancke asks Dr. Uwe:
"Does that mean they are negotiating licence agreements, or does it mean
they "haven't bothered" yet? How about HDDRIVER licence.. did they ask for
that yet?
Hmm... so it all a big fat hype?"
Uwe tells Odd:
"This means that they have not yet tried to negotiate anything and that
doesn't only concern HDDRIVER (they might have something else) but also
other packages."
Odd replies:
"This is bad, bad news."
On that somber note, I'm going to close. I know it's kind of thin this
week, but people must be recovering from the long weekend.... and I've got
to go ice my poor little toe.
'Till next week, keep your nose to the grindstone, your ear to the ground,
and your back to the wheel.... If you can do all that at once, there's
probably a job waiting for you at the circus. <grin>
Tune in again next week, same time, same station, and be ready to listen to
what they are saying when...
PEOPLE ARE TALKING
=~=~=~=
->In This Week's Gaming Section - SegaNet! Support for Thomas Grows!
""""""""""""""""""""""""""""" eGames Loses Hasbro Suit!
Final Fantasy IX! Turok 3!
And much, much more!
->From the Editor's Controller - Playin' it like it is!
""""""""""""""""""""""""""""
I'm disappointed that I don't have much time to devote to this week's
editorial. I did want to mention something about the ongoing "debate" that
developed with Don Thomas' complaint regarding the way eGames "promotes" its
game products and subsequent customer service, or lack thereof as it seems.
Mr. Thomas continues to gain support for his cause. Frankly folks, I
believe that Gerald Klein of eGames is out of touch. His obvious lack of
concern to legitimate complaints from his customers leads me to believe he's
in the wrong business. And to further support my belief, I've included a
couple of articles I found this week regarding a lawsuit which eGames just
lost against Hasbro Interactive. It appears that eGames also doesn't
believe in copyrights, by selling "knock-offs" of various Hasbro and Atari
titles. What goes around....comes around, Mr. Klein.
Until next time...
=~=~=~=
->A-ONE's Game Console Industry News - The Latest Gaming News!
""""""""""""""""""""""""""""""""""
Sega Launching Online Game Network
A year ago, Sega Dreamcast became the first home video game system with a
modem inside. Beginning this week, Sega will let people use the modem the
way it was envisioned: to play games on a special Internet network built
exclusively for them.
The SegaNet service debuting Thursday will let players go head-to-head
online and chat about their games - complete with trash talk, if desired.
Until now, the modem's main advantage was just that it could be used to
download enhancements to Sega games.
``The consumer wants a sense of revelry, he wants something unexpected,"
said Charles Bellfield, Sega's director of marketing communications.
``SegaNet gives it to him."
SegaNet also gives the company a big head start on industry leader Sony and
No. 2 Nintendo in the online video game market.
Sony's powerful PlayStation 2, due to reach stores Oct. 26, won't come with
a modem at first, although Sony says it will begin installing them next
year. The Nintendo GameCube will come with a modem, but isn't due to launch
until a year later. Also planned for next year is Microsoft Corp.'s
X-Box, an Internet-ready device presented as a pure game machine, but also
plays video disks.
Only Sega appears ready with a games-only network.
Perrin Kaplan, Nintendo's vice president for corporate affairs, said
Nintendo designs ``products for the mass consumer," while Sega is working
with a niche market of young players who enjoy online competition.
``We're pretty hard-pressed to find any company making money" on online
gaming, she said.
Sony did not return calls seeking comment on SegaNet.
At the launch, only NFL 2K1, a football game, will be playable on SegaNet.
However, Sega promises that 10 to 12 games will be available by fall,
including Quake III Arena, a new version of the gory first-person shooting
game, and Phantasy Star Online, a science-fiction role-playing game.
A SegaNet subscription is $21.95 a month. Players who sign up for 18 months
will get a $150 rebate from Sega, which covers the new, reduced price of
the Dreamcast console.
Sega will also throw in the keyboard that will let players chat with
opponents. Later, a tiny microphone plugged into the Dreamcast controller
will let gamers speak to the people they're playing with.
One key advantage of SegaNet is that it bypasses a standard Internet
service provider (ISP) in favor of a faster, narrow-band service dedicated
only to SegaNet. Plug your Dreamcast into a standard telephone jack to log
on, and you share Sega's servers only with other gamers.
Computer users will be able to take advantage of the online game experience
via their own ISPs, as can Dreamcast owners who choose not to sign up for
SegaNet. But Sega says the connection won't be as fast as SegaNet, since
its servers are used for nothing else.
Sega said Friday that 52,000 people had signed up for SegaNet, but with 2.1
million Dreamcast consoles in American homes, the company believes there
are plenty of potential customers.
``I think Sega is really trying to distinguish itself as the only company
with a narrow band capability built in," said David Cole, an industry
analyst with SFC Intelligence in San Diego. ``If people really use the
online feature on a regular basis, Sega will have a real compelling reason
for them to buy a Dreamcast."
Added Jim Cordeira, editor of Gaming Age magazine: ``From a gamer's
standpoint, it's a definite plus, providing all goes well technically and
they can get as many companies as possible to include Internet options in
their games."
Sega Sports Pioneers Next Generation of Gaming With
NFL 2K1 -- First Ever Online Console Football Game
Forget the field goal on fourth and one. Sega has decided to leave the
competition in the dust with a bold Hail Mary from the fifty. Sega Sports
is making history with the introduction of the first ever online football
game via a console, ``Sega Sports NFL 2K1," for the 128-bit,
Internet-ready Sega Dreamcast. Gamers will now be able to challenge and
chat with friends around the globe in real time using SegaNet, the only
high speed, low-latency console gaming network, which brings gamers an
unprecedented level of competition slated for September 7. In addition to
the online capability, this year's ``NFL 2K1" now includes bump and run
coverage, Franchise Mode, downloadable rosters to stay current with NFL
trades, player injuries and statistics, a power move to blast by opponents,
and an all-new running game.
```NFL 2K1' and SegaNet offers gamers a whole new way to compete by
connecting hundreds of sports enthusiasts everywhere in real time
competitions and giving them a place to play against each other, swap
stories and earn bragging rights," said Martha Hill, director of sports
marketing, Sega of America. ``The future of sports videogaming
entertainment is about delivering the most realistic experience possible,
and our combination of advanced graphics, new features and online gameplay
is the next best thing to being on the gridiron."
To initiate the online element of ``Sega Sports NFL 2K1," gamers will
simply plug in their Dreamcast, select Network Play, and enter a lobby
which lists potential challengers from around the country. ``NFL 2K1"
supports up to eight players at a time, with four players competing against
four others from two locations.
Online gameplay is not the only new element to look for in ``Sega Sports
NFL 2K1." Beyond adding hundreds of new animations and graphic detail,
Sega Sports has completely gutted the running game and added the juke and
power moves for more speed. On the defensive side, the game now has true
zone and bump and run coverage, and the inclusion of NFL team specific
playbooks for each club ensures no two teams play the same. Finally, the
highly anticipated Franchise Mode lets gamers take on the coveted role of
General Manager to see how several seasons of managing their decisions on
signing players and managing salary caps would effect the outcome of their
teams.
Over 2,000 new motion captured animations have been added, including the
moves of Sega Sports spokesperson and Minnesota Vikings wide receiver Randy
Moss. In addition to lending his physical talent, Moss, an avid videogame
player, offered strategic advice and counsel to the Sega Sports development
team earlier this year. Moss, 1999-2000 Pro Bowl MVP and 1998-1999 Rookie
of the Year, endorses the game and appears on the cover.
For more information on this game, please go to www.Sega.com. For gameplay
footage, go to: ftp://ftp.accesspr.com/public/sega/movies and select the
Dzl83A1.mpg file. For screens, go to:
ftp://ftp.accesspr.com/public/Sega/Sega_Dreamcast_Games/Sega_Sports_NFL2K1/.
All-New ``San Francisco Rush 2049" Lets Players
Race, Stunt and Battle Their Way Into the Future
Midway Games Inc. announced that the all-new version of the arcade hit
``San Francisco Rush 2049" for Sega Dreamcast, Nintendo 64 and Game Boy
Color has shipped to retail.
The legendary ``San Francisco Rush" action racing franchise expands upon
futuristic worlds of San Francisco with over-the-top stunts, killer
battlefields and all-new shortcuts riddled with hidden passages. Gamers
test their mettle in the challenging stunt mode as they dare to go
freestyle on the wild, death-defying tracks. An all-new four-player battle
mode adds hours of in-depth replay value as gamers go head-to-head battling
it out with a variety of weaponry.
```San Francisco Rush 2049' builds on the strength of the `Rush' arcade
series with added features that will be hugely popular with fans," said
Helene Sheeler, vice president of marketing, Midway. ``The all-new stunt
and battle match mode make the game even more competitive and exciting. An
online component in the Sega Dreamcast version and futuristic setting
allows players to explore a physics-defying and exhilarating racing
environment."
For the first time ever, Sega Dreamcast players of ``San Francisco Rush
2049" can upload and download ghost races and high scores, bringing an
online component to this incredible game. With this feature, players all
over the world can race against themselves in ``ghost race" mode, then
exchange their file online to compete against other players' downloaded
``ghost race" from the ``San Francisco Rush 2049" in-game website.
Players experience the ``rush" with the ultra-realistic physics of past
popular ``San Francisco Rush" racing games that have been enhanced for
this version. Taking place in San Francisco, ``San Francisco Rush 2049"
takes gamers on the ultimate thrill ride as they careen through the city
streets. The evolved technology and hardware create a unique gaming
experience with higher-resolution images and new features like gameplay
modes, online capabilities in the Sega Dreamcast version, added cars and
dynamic new tracks.
"San Francisco Rush 2049" Key Features for Nintendo 64 and Dreamcast
Only
-- Nineteen tracks: six race (plus forward, backward and mirrored),
four stunt, one obstacle and eight battle match
-- Game modes include: practice, race, circuit, stunt, battle,
obstacle and time trial
-- The new "Wing" feature lets gamers fly through the streets of San
Francisco with more control in midair and allows for new stunts
and tricks
-- Ghost car racing in time trial mode: players save their best
races, then race against their "ghost car" to improve their time
and hone driving skills
-- Realistic stunt mode: freestyle in the wildest, most thrilling
tracks ever designed
-- New four-player, quad-screen "Battlematch" mode provides added
replay value, allowing players to compete with a wide variety of
weapons
-- New dynamic features such as moving ramps and triggers that open
twice as many shortcuts than prior versions
-- New car interface and customization: paint shop to detail and
body shop to customize personal cars
-- Thirteen new cars (including hidden cars) and improved car
handling to provide even more variety
N64 Specifications
-- Four-player support
-- Support for RAM pack
-- Higher-resolution textures
-- Rumble Pak support
-- Controller Pak support
-- Can play against two players in "Race" mode and four players in
"Battle" and "Stunt" mode
Sega Dreamcast Specifications
-- Online component: upload and download "ghost race"
-- Four-player support
-- 640 x 480
-- High-resolution textures
-- Sixty frames per second
-- VMU support
-- Jump Pak support
-- Audio -- high fidelity (CD audio quality)
Game Boy Color Specifications
-- Ten tracks
-- Five pre-rendered vehicles
-- Hidden tracks and special cars
-- Treacherous shortcuts
-- Precise car handling
-- Power-up option
The Final Episode of The Turok Series for
the Nintendo 64 Arrives In Stores
Turok 3: Shadow of Oblivion Marks the Final
Journey for the Fireseed Family
Acclaim Entertainment announced that Turok 3: Shadow of Oblivion, the final
N64 episode in its three-million-unit-selling Turok franchise, has arrived
in stores.
Developed by the highly-regarded Acclaim Studios Austin, Turok 3 offers a
compelling combination of storyline-driven gameplay and objective-based
action. Game highlights include dual main characters, incredible
cinematics, and unrivaled multiplayer modes. Turok 3 also features ``living
environments," a unique property that allows the environments to be in
a constant state of movement, wholly independent of the main character's
actions. Turok 3's sound team has created a fully orchestrated musical
score, digital speech and improved sound effects throughout the entire
game for enhanced gameplay experience. Turok 3 is also available for the
Game Boy Color.
``Turok 3 is the culmination of nearly seven years of dedicated Nintendo 64
development. With its release, Acclaim has continued to push the boundaries
of what the machine is capable of, and delivers the most intense,
story-driven chapter in the history of the series," said David Dienstbier,
creative director at Acclaim Studios Austin. ``The game ends the Turok
series not with a whimper, but with a bone crushing, ear splitting,
dinosaur crushing, thermonuclear bang!"
The storyline for Turok 3 centers around ``Oblivion," a monstrous cosmic
entity that consumes everything in its path. Oblivion desperately seeks a
means to punch through the Netherscape that separates our world from the
Lost Land, and the Lost Land from countless others. The last shreds of the
pure energy source that created our world and nearly wiped out Oblivion,
are contained within the Light Burden that every member of the Turok
lineage has carried. The death of the Turok mantle will signal the
beginning of the end... the rebirth of Oblivion.
Once engaged in Turok 3, gamers will find themselves in the most
graphically detailed environments ever seen on the N64. For the multiplayer
buffs, Turok 3 includes over 48 unique maps and eight gameplay modes such
as Blood Lust, Monkey Tag, Color Tag and Capture the Flag. Turok 3 offers
24 incredibly innovative and upgradable weapons and over 40 cunning enemies
with unprecedented artificial intelligence. Turok's most popular weapons
make a comeback, and gamers can expect to see new weapons including the
all-powerful Chest-Burster.
Infogrames Explodes Onto SegaNet With the Award
Winning Unreal Tournament for Sega Dreamcast
Infogrames, a worldwide leader in the interactive entertainment software
industry, Thursday officially announced that it will bring the PC Game of
the Year, Unreal Tournament to Sega Dreamcast this fall. Known for its
raucous award-winning multi-player action, Unreal Tournament will take full
advantage of the Dreamcast's technology including its built-in modem and
SegaNet, the only high-speed console gaming network, that will provide
up to eight players the same hardcore online mayhem that UT fans have
grown to love.
``Unreal Tournament is the perfect game to demonstrate SegaNet's
capabilities and continues to confirm Infogrames' commitment to online
gaming," said Barbara Gleason, director of marketing for Infogrames' San
Jose Label. ``The original game was very successful with over one million
copies sold and many awards including PC Game of the Year. The next logical
step was to unleash it on Internet hungry console fans. With the advanced
technology of the Dreamcast and SegaNet, Unreal Tournament is realizing its
full gameplay capabilities on a console system."
``We are thrilled that Infogrames, one of the top publishers of interactive
entertainment, is supporting the future of this industry, which is online
console gaming," said Peter Moore, president and COO, Sega of America.
``Delivering quality online content is key and Unreal Tournament will be a
tremendous addition to Sega's online library of games for this year."
Originally developed by Epic Games, Unreal Tournament for Dreamcast is
being produced by Secret Level in San Francisco. The game pits players
against the toughest warriors in the galaxy in multiple contests and
fantasy-based settings. The goal is to become the Unreal Grand Master,
testing your skills against, or fighting alongside, teams of `bots' or
other players. The first-person perspective action includes deathmatch and
team-oriented modes of play, as well as an enhanced version of Unreal's
critically acclaimed Botmatch, which allows players to compete against
extremely lifelike computer-controlled enemies in deathmatch play. In
addition, Unreal Tournament's advanced artificial intelligence allows
players to lead a squad of computer-controlled allies against teams of
human or computer-controlled opponents, taking the team-oriented game play
experience to a new level of immersion.
Receiving many awards and accolades for its intense multi-player action,
Unreal Tournament has set the standard for finely tuned first-person
perspective action and console fans won't be disappointed with UT's robust
gameplay, designed specifically for the Dreamcast. Players can choose to
battle it out with up to 8 players online through SegaNet with the system's
built in modem or through the 2-player split screen mode.
``Until now it has been impossible for Unreal Tournament to make the
transition over to a console system, but with the new next generation
consoles we are able to do the game justice," said Mark Rein, president of
Epic Games. ``Choosing the development team to produce this feat was tricky
but the team at Secret Level is already blowing us away with their
expertise in working on the Dreamcast system. Within two months of
beginning the project they had the online play working through the built-in
Dreamcast modem! It is really exciting for us to have Unreal Tournament
involved in the online console gaming revolution."
Targeted at mature audiences, Unreal Tournament for Sega Dreamcast will be
available this fall.
Here Comes the Spider-Man ... Activision's
Spider-Man Swings Into Retail Stores Nationwide
Marvel Comic's renowned web-slinging, wall-crawling superhero, Spider-Man,
swings onto store shelves across North America with the release of two new
video games from Activision, Inc. -- Spider-Man for the PlayStation game
console and Nintendo Game Boy Color. The games carry a suggested retail
price of $39.99 and $29.99 respectively, and they have been rated ``E"
(``Everyone" -- content suitable for persons ages six and older -- with
Animated Violence) by the ESRB.
The first free-roaming, 3D action/adventure game based on the most
recognized superhero of all time, Spider-Man challenges players to
web-sling, wall-crawl, fight and use ``Spider-Sense" to battle evil-doers.
Gamers must utilize Spider-Man's super strength and superior wit to protect
the innocent as they help solve a variety of puzzles and defeat old and new
super villains alike.
``The team at Neversoft has developed what we believe will be considered
the crowning achievement for character-based action games for the
PlayStation," said Michael Pole, executive vice president, Worldwide
Studios for Activision. ``From its extraordinary graphics to its addictive
and diverse gameplay, Spider-Man will provide hours upon hours of enjoyment
for his fans worldwide."
Developed by Neversoft Entertainment (creators of Tony Hawk's Pro Skater),
Spider-Man for the PlayStation features an original storyline that gamers
can experience through 34 action-packed levels. From hair-raising police
chases and all-out brawls with lizard men to stealth missions, gamers
battle through familiar Spider-Man comic book locales including the Daily
Bugle, Times Square and a New York bank. Players will utilize all of the
classic Spider-Man web defenses from trapping and yanking to impact
webbing, as well as new weapons including web doming and web spikes to
battle enemies. In addition, players can swing from place-to-place, ambush
enemies from above or below, crawl on buildings, ceilings, or walls, and
use the always-handy ``Spider-Sense" to detect danger from afar.
``The essence of Spider-Man has never been so realistically captured in a
videogame," said Dave Stohl, executive producer, Activision Studios. ``For
the first time ever, players will feel like they're actually in a
Spider-Man comic book, swinging through the Manhattan skyline, hunting down
dangerous enemies and restoring order to the city."
Spider-Man for the Game Boy Color was developed by Vicarious Visions, a New
York based developer that creates online, next generation console, and
handheld games.
Square to Ship Final Fantasy IX for the
PlayStation Game Console in Mid-November
Square Electronic Arts announced that FINAL FANTASY IX will hit U.S. store
shelves in mid-November. In addition to pre-selling one million units in a
record-breaking 17 days, the Japanese release of FINAL FANTASY IX has sold
2.8 million units to date. FINAL FANTASY IX, the latest title in the highly
acclaimed FINAL FANTASY series, will offer a rich storyline, well-defined,
new characters and cutting-edge graphic technology that have come to define
the franchise as a whole. Additionally, the game will offer completely new
3D environments.
``FINAL FANTASY fans in the U.S. will have to wait just a few more months
to experience the adventure," said Jun Iwasaki, president of Square
Electronic Arts. ``We are delighted to go out with a bang this year on the
PlayStation and look forward to similar success with the U.S. launch as we
had in Japan."
FINAL FANTASY IX started selling in Japan on July 7. Sales of that game
have helped propel life-to-date sales of the overall series to an
astounding 30 million units, making the FINAL FANTASY franchise one of the
best-selling series in the history of video games. In addition, the
previous title in the series, FINAL FANTASY VIII, which was released in
September 1999 in the U.S., has sold nearly 1.5 million units. The title
qualifies for Sony Computer Entertainment America's ``Greatest Hits"
program. The program applies to titles that have sold at least 500,000
units and have been on the market for 12 months.
Next month, Square Electronic Arts will hold a one-day only event offering
consumers an opportunity to demo FINAL FANTASY IX before it hits retail
shelves this November. This ``Consumer Demo Day" will be held on October 7
inside the world's only PlayStation store in Metreon -- A Sony
Entertainment Center located at 4th & Mission streets in San Francisco. In
addition to playing the highly anticipated game, consumers will receive a
free FINAL FANTASY related promotional item, while supplies last. More
information on the event will be available at
www.squaresoft.com/web/ff9-demo.
About FINAL FANTASY IX:
FINAL FANTASY IX centers around an evil queen's desire to dominate the
world, while players follow a group of bandits, knights, and magicians as
they try to stop her. Brahne, the Queen of Alexandria, has begun using
highly-advanced magical weapons to terrorize neighboring kingdoms. Zidane,
a skilled thief, teams with a young mage, a royal knight, and a beautiful
princess to save the world from the queen's evil doings. Soon after
embarking on their quest, they discover that the queen's threats merely
cover a far more sinister plot. A powerful sorcerer named Kuja has been
supplying Brahne with her magical weapons. For the sake of mankind, Zidane
and company must uncover Kuja's motives before he carries out his deadly
plan.
As in all Square games, FINAL FANTASY IX allows players to unlock the rich
storyline and subplots as they play with eight unique characters who use a
variety of weapons, magic and monsters in a quest for good over evil.
989 Sports' NHL FaceOff 2001 for the
PlayStation Skates Into Stores
Sony Computer Entertainment America Inc. announced Monday that 989 Sports'
NHL FaceOff 2001 will be available today for the PlayStation game console.
NHL FaceOff 2001, the sixth edition of the highly successful hockey
videogame series, is packed with all the NHL teams and players,
international teams, all-new play modes, and intricate Artificial
Intelligence (AI) mirroring real NHL player tendencies. An authentic
two-man broadcast team featuring New Jersey Devils play-by-play announcer
Mike Emrick and ESPN's Darren Pang is coupled with a dramatic TV-style
presentation to create the most comprehensive hockey simulation available
on the PlayStation game console.
Featuring Toronto Maple Leafs goaltender Curtis Joseph on the cover, NHL
FaceOff 2001 thrills hockey fans with four all-new play modes --
Tournament, Shootout, Practice and Draft. Tournament Mode allows players to
take the reigns of an elite international team and vie for the title of the
``world's best hockey team." National anthems, classic uniforms and the
world's top players are combined to create the raw emotions of
international hockey. Shootout Mode challenges puck marksmen to shoot
top-shelf, glove side or through the five hole in an electrifying
one-on-one mode versus the goalie. The new Practice Mode allows players to
sharpen their passing, shooting, checking and skating skills. With Draft
Mode, gamers can assume the responsibilities of a general manager by
drafting and trading players to take on the best that NHL FaceOff 2001 has
to offer.
``Serious gamers have always known that the FaceOff series captures the
hard-hitting intensity of NHL hockey," said Ami Blaire, director, product
marketing, Sony Computer Entertainment America Inc. ``We continue to
challenge ourselves to deliver a better hockey gaming experience to
players, which we have accomplished each year. And NHL FaceOff 2001
incorporates exclusive new features, an intricate Artificial Intelligence
and challenging play modes unseen on any other hockey title."
As the first hockey videogame franchise to use motion capture animation
performed on ice, NHL FaceOff 2001 has perfected every subtle hockey move
in minute detail, from thunderous checks into the boards to blistering slap
shots. NHL FaceOff 2001 continues the tradition of NHL FaceOff realism
to include motion capture animations from Chicago Blackhawks winger Tony
Amonte, St. Louis Blues winger Scott Young and former San Jose Sharks
goaltender Kelly Hrudey -- totaling 150 player animations.
A new Line Manager feature allows players the flexibility to use their
roster to the fullest while utilizing more than 12 different offensive and
defensive strategies designed by real NHL coaches. Players benefit from
special tactics such as having the defensive squad to dump the puck to the
far end while changing offensive lines. With the new Shot Aim Option,
gamers can control the puck during the back swing and launch a bullet past
the goalie.
With proprietary feature I.C.E. AI (Intelligence Comprehension Execution
Artificial Intelligence), developed with marquee NHL all-star players and
coaches, computer-controlled players prowl the ice just as they do in the
NHL providing additional hockey realism to the game. Icon Passing and Icon
Switching brings unprecedented control of players as they battle for the
puck in offensive and defensive zones. NHL FaceOff's ``Puck Halo" makes
the puck easier to see and play within the corners and in front of the
goal.
NHL FaceOff 2001 incorporates all 30 NHL teams for the 2000-2001 season
(including the Columbus Blue Jackets and Minnesota Wild) with updated
rosters and the ability to play through an entire season. Gamers can track
more than 30 individual and team statistics and compete for any of 15 NHL
awards, including the Hart Memorial, Art Ross, Vezina, Conn Smythe,
Presidents' trophies and the highly coveted Stanley Cup.
Each arena's unique characteristics are re-created in amazing detail with
the use of actual blueprints. The 3D player models are scaled to actual
player height, weight and body style with real texture-mapped detailing
true to the facial features of NHL stars. Multiple camera angles, pop-up
stats and in-game panels combined with authentic play-by-play by announcer
Mike Emrick and color commentator Darren Pang create the best TV-style
presentation available in a hockey videogame.
NHL FaceOff 2001 Key Features:
-- Every player and team for the 2000-2001 season is included -- even the
Columbus Blue Jackets and Minnesota Wild, plus eight international
teams
-- Four all-new play modes:
-- Tournament Mode -- a competition pitting the world's best
international teams
-- Shootout Mode -- puts gamer in a one-on-one battle versus a goalie
who is determined to stop your best shot
-- Practice Mode -- lets gamers perfect passing, shooting, skating and
checking skills
-- Draft Mode -- assume the responsibilities of a general manager by
drafting and trading players to build a championship-caliber team
-- New Line Manager Feature allows players to choose from more than
12 different offensive and defensive strategies while utilizing the
roster to create strategic lines
-- New Shot Aim Option allows you to control the direction of your shot
during your back swing as you prepare to launch a rocket past the
goalie
-- I.C.E. AI (Intelligence Comprehension Execution Artificial
Intelligence) allows computer-controlled players to play and react just
as they do in the NHL. NHL all-star players and coaches consulted on
the development of I.C.E. AI, providing insight into offensive and
defensive strategies
-- Realistic 3D player models based on player size, weight and facial
appearance
-- Unrivaled 3D game engine
-- TV-style presentation features two-man commentary, including New Jersey
Devils' acclaimed announcer Mike Emrick and ESPN's analyst Darren Pang
-- Seven different gameplay camera angle option settings and countless
cut-aways, zoom-ins, pop-up stats and in-game panels provide impressive
TV-style telecast
-- Realistic skating physics lets players and the puck glide naturally
across the ice. Players utilize cross-over steps when turning and
skating backwards -- just as in the NHL
-- More than 150 motion captured animations performed on ice provide the
most realistic hockey action available. Players motion captured
include Chicago Blackhawks winger Tony Amonte, St. Louis Blues winger
Scott Young and former San Jose Sharks goalie Kelly Hrudey
-- Gamers can track more than 30 individual and team statistics and
compete for any of 15 NHL awards, including the Hart Memorial,
Art Ross, Vezina, Conn Smythe, Presidents' trophies and the highly
coveted Stanley Cup
-- "Puck Halo" makes the puck easier to see and play when in the corners
and in front of the net
-- Interactive crowds draw players into the game through team chants,
yells and special animations such as hats being thrown onto the ice
after a hat trick
-- NHL arenas are presented in lifelike detail -- each arena's
characteristics are included, even the championship banners and
Jumbotrons
-- Music from top recording artists
-- Refined Icon Switching(TM) on defense and Icon Passing(TM) on offense
translate into the most realistic hockey control available
-- On-the-fly strategy control allows the gamer change his attack with the
touch of a button
-- Full season and game statistics are available in every offensive and
defensive category
-- Create and manage teams with complete rosters -- draft, trade, release
and sign free agents
-- Up to eight players with Multi Tap
Kmart, Wal-Mart Take Stand on Games
Young people itching to wreak virtual havoc with an Uzi via their
Playstation will have to bring along a parent if they want to buy a violent
video game from some major retailers.
Kmart announced Thursday it will refuse sale of mature-rated games to
anyone under 17, using a barcode scanner that will prompt cashiers to ask
for identification from youths.
After Kmart's news conference in Washington, Wal-Mart announced it would
enact the same policy. In a letter last month to Alabama Sen. Jeff
Sessions, the president of Toys R Us said the practice is already in place
at his company's stores.
Sessions applauded the move, but said he would prefer that retailers stop
selling mature-rated games, as Montgomery Ward and Sears, Roebuck and Co.
already have done.
Sessions said he believes ``intense involvement" with violent video games
can cause a young person to become violent.
``Common sense should tell us that positively reinforcing sadistic
behavior, as these games do, cannot be good for our children," said Sen.
Sam Brownback, R-Kan.
``We cannot expect that the hours spent in school will mold and instruct a
child's mind but that hours spent playing violent games will not."
Kmart executives said they believe their policy lets parents make decisions
about video games.
``A step of responsibility that gets the parents involved is a smart step,
rather than just walking away from the issue and letting someone else deal
with it," said Shawn Kahle, Kmart's vice president of corporate affairs.
In May, Sessions, Brownback and seven other senators sent a letter to
executives of Kmart and several other major retailers encouraging them to
pull the games off their shelves or prevent their sale to anyone younger
than 17.
Sen. Joseph Lieberman of Connecticut, the Democratic vice presidential
nominee, was among those who signed the letter written by Sen. Tim
Hutchinson, R-Ark.
``It sounds ... great," said Lieberman, who is known for speaking out
about the amount of violence in popular culture. ``I'm real encouraged. If
people want to enforce a rating system, they should do it," he said
Thursday.
FTC is supposed to hold hearings on this issue next week, and Lieberman is
scheduled to testify on Wednesday.
Most video games sold at major retailers include a rating from the
Entertainment Software Review Board advising consumers about which games
are suitable for certain age groups.
Wal-Mart spokeswoman Jessica Moser said her company has invested more than
$3 million on store signs and advertising to educate customers about the
rating system.
Moser said she was not sure when Wal-Mart would implement the new policy.
Kmart plans to enact the policy Oct. 15, in time for the holiday shopping
season.
``I think it'll work from their standpoint," said Howard Dyckovsky, vice
president of operations for PC Data, a company that tracks software and
video game sales.
``But there will be to some degree a slowdown in sales of some of those
products, until the kids find ways to get them through other mechanisms."
Brownback said the Senate Commerce Committee next week will examine the
results of a Federal Trade Commission report on whether violent,
adult-rated games are target-marketed to kids.
``If this is true - and there is plenty of anecdotal evidence to suggest
that it is - this is a scandal and an outrage," said Brownback, who
authored an amendment that passed the Senate requesting the FTC to conduct
the study.
Sony and Connectix Get Their Day In Court Next March
Sony's trial date against Connectix Corp. has been set. Sony and Connectix
will square off in federal court next March to decide the fate of Virtual
Game Station (VGS), Connectix's Sony PlayStation video game console
emulator. Judge Charles Legge ordered the case to go before a jury next
year, according to the San Francisco Daily Journal.
Connectix first unveiled VGS to crowds at Macworld Expo in San Francisco
in January of 1999. The software makes Macintoshes able to play a variety
of popular games designed to work on the Sony PlayStation, a popular home
video game console. At the time, Connectix was the first company to
release a commercial Sony PlayStation emulator for personal computers.
Connectix's efforts were quickly met with legal retaliation by Sony
Computer Entertainment of America, which claimed that Connectix's efforts
violated its own copyrights. Soon, Connectix was faced with a preliminary
injunction that prevented the company from distributing or manufacturing
the Virtual Game Station software.
Earlier this year that injunction was lifted, and Connectix immediately
resumed distribution. Since then, the company has updated Virtual Game
Station and has released a PC version of the emulator. Connectix has also
begun to offer the software in a bundle pack, which includes actual Sony
PlayStation software.
Judge Legge also dismissed seven of Sony's complaints against Connectix.
Only two of Sony's allegations will be heard by a jury next March; Sony
contends that Connectix misappropriated trade secrets and is guilty of
unfair competition.
Sony also has filed a separate patent infringement lawsuit pending against
Connectix Corp., also for Virtual Game Station. Sony withdrew and refiled
its patent suit against Connectix this past summer after being advised of
irregularities in the original complaint.
=~=~=~=
->A-ONE Gaming Online - Online Users Growl & Purr!
"""""""""""""""""""
More "David & Goliath"! - Thomas & eGames! A-ONE Update!
From: Donald A. Thomas Jr. <datj@yahoo.com>
To: hal@gameweek.com <hal@gameweek.com>
Subject: RE: Mislabeled Software
Date: Wednesday, September 06, 2000 3:33 PM
Hal,
Thank you for your expedient reply.
The reason that I thought that IEMA might be interested is because
eGames is carried by a number of IEMA members. Most retailers I have
contacted have shown a concern about reselling mislabeled (misleading)
software.
I definitely do not expect an organization as prestigious as the IEMA to
take dramatic action based on a couple of disgruntled sounding emails. I
know that, without investigation, I must appear like a loose cannon. I
have posted the images of the software at:
http://www.icwhen.com/news/egames0822d.html. The individual game titles
listed on the packaging are only pieces of the original games, but
nothing denotes that on the packaging. I realize that most consumers
won't take the time to complain, but I hope organizations such as the
IEMA would officially take a dim view of companies who profit by
misleading people in this way.
Hal, eGames crossed the line when they openly admitted that these games
are different and have no intent to inform consumers in advance. And
then, the CEO of eGames documents to his colleagues in Internet email
that I am a fool to discuss this situation and should be sued for
raising the question with the California Attorney's General office.
Quite frankly, if eGames apologized for their CEO's poor approach to
call customers fools and threaten to sue them AND pledged to re-examine
their marketing strategy, this situation would be a non-issue. But I
take too much pride, as a member of this industry, to allow eGames to
think that this way of doing business is something that the industry
tolerates unchecked.
If you feel my claims are invalid, then I understand completely why this
should not be an issue that involves the IEMA at all. If, on the other
hand, my claim has substance, then I urge the IEMA to distance itself
from suppliers that your members may have not previously known operates
in this way.
Hal, I know we're not talking public safety issues here as if this were
Ford and Firestone. But we are talking about the deliberate sell-through
of mislabeled product with the intent to dupe the public at $10 at a
time. Eventually, this has to stop. My proposal is that it would be a
wonderful pro-active position for the IEMA to form an opinion related to
their members distributing and selling mislabeled software.
I know my position is not well voiced if I come across as offensive or
harassing. I hope my comments are received in the spirit that they are
intended... with all due respect to you and your organization. Thank you
for reading my reply.
--Don Thomas
Hal Halpin <hal@gameweek.com> wrote:
Hey Donald,
I'm familiar with your situation and understand your concerns, but this
is really an issue you should be putting to the IDSA (Interactive
Digital Software Association) - if your goal is to get better labeling
on products that their members manufacture. The IEMA is a retail trade
association, so our jurisdiction would be if one of our members
re-labeled a product, but that doesn't sound like it's the case here. I'm
not sure if the IDSA has someone whose responsibilities would cover
labeling (apart from ratings labels), but their number is: 202-833-4372.
Best,
-Hal.
-----Original Message-----
From: Donald A. Thomas, Jr. [mailto:curator@icwhen.com]
Sent: Wednesday, September 06, 2000 2:05 AM
To: hhalpin@vgadvisor.com
Subject: Mislabeled Software
Importance: High
September 6, 2000
Mr. Hal Halpin, President
Interactive Entertainment Merchants Association
64 Danbury Rd., #500
Wilton, CT 06897
(sent via email)
Dear Mr. Halpin,
My name is Don Thomas. I am a consumer. I know that you must be busy,
so I will do my best to keep this introduction short.
A couple weeks ago I purchased 'Galaxy of Arcade Classics' from a Target
store. It is a pre-recorded entertainment product for personal computers
that advertises that it has seven (7) games on it. All seven are titles
that were previously released separately. The problem is that the games
on the Galaxy compilation are much shorter than the originally released
games. 'Tunnel Blaster', for instance, has only 7 of the original 30
levels. Nothing on the packaging notifies the consumer that the versions
are shorter than the original releases. In my view, this is the same as
selling an eclectic collection of songs on a CD and not tell the
consumer in advance that all the songs are just the first 30 seconds of
the originals. By the way, as you exit the software, a message appears
asking the consumer to buy the 'premium versions.'
I contacted the CEO of eGames, Mr. Gerald Klein. His response was
originally polite, but he defended their marketing strategy to hide the
information from the consumer because they made sure that the shorter
versions completely played through without in themselves stating that
they were crippled or just playable demos. When I asked him if we should
consult the Attorney's General office, Mr. Klein responded that
Attorneys General will not waste their time because eGames has a
money-back policy (policy is not noted on packaging). When I did copy
Mr. Klein on a letter to the Attorney General, he copied me on an email
to his colleagues that he wanted to sue me and referred to me as a fool.
(The complete email exchange may be found at
http://www.icwhen.com/news/egames0822.html.)
I have been in the video game industry for many years. I host a web site
that has always been in favor of promoting the type of games that eGames
develops and sells. I think that Mr. Klein is hoping that no one will
bother complaining about buying a catalog of playable demos that only
sells for about $10. Actually I think a strategy to lure consumers this
way is fine IF the packaging is properly marked.
Mr. Klein is right about one thing. His marketing approach may harm the
industry as a collective, but it is difficult for any one consumer to
stand up against him. I am hoping that one or more organizations such as
yours will see the benefit to side with consumers on this issue and make
a statement in favor of proper labeling.
I know that there are two sides to every story and I do not expect that
you will simply take my position in this matter. I humbly request that
review the background information in this matter at
http://www.icwhen.com/news/egames0822.html, then contact Mr. Klein and
ask him the following direct questions:
Does the game 'Tunnel Blaster' include all 30 levels on 'Galaxy of
Arcade Classics' as when it is sold separately?
Is the packaging marked so that the consumer knows in advance that only
7 levels are included on 'Galaxy of Arcade Classics'?
By the way, there are other titles that eGames treats in this way. I am
focusing on one only to help make my position concise.
If you or your organization are unable to take a position in this, can
you please recommend contacts and organizations that may wish to side
with consumers in an effort to require proper product labeling? Please
feel free to forward this email to anyone you feel may be interested in
its content.
Here is Mr. Klein's contact information for your convenience.
Mr. Gerald W. Klein, CEO
eGames, Inc.
2000 Cabot Blvd, Suite 110
Langhorne, PA 19047
(215) 750-6606
(215) 750-3722 (fax)
jklein@egames.com
Thank you in advance for your time and focus.
Best Wishes,
-- Donald A. Thomas, Jr.
curator@icwhen.com
http://www.icwhen.com
Yahoo: DATJ - ICQ: 14183819
And from the "Oops, eGames caught with their pants down department!:
eGames Settles Patent, Copyright Litigation
EGames, a maker of low-priced, nonviolent computer video games, said on
Thursday it settled a trademark and copyright infringement suit brought by
Hasbro Inc.'s Hasbro Interactive and Atari Interactive video game units.
Under the settlement, a consent judgment entered in U.S. District Court in
Boston, eGames did not admit to any infringement but agreed to discontinue
the sale of 12 of its computer games after Sept. 30.
The Langhorne, Pa.-based company also said it will revise its fiscal
fourth-quarter results to include costs from settlement of the suit. EGames
will take a non-recurring expense of $205,000, which includes legal costs,
against its fiscal 2000 fourth quarter, ended June 30.
The charge will reduce the company's previously reported earnings per share
by 2 cents to a loss of 1 cent a share for the fourth quarter and to a
profit of 3 cents a share for the full year.
Discontinuing these titles is not expected to have a material impact on its
fiscal 2001 revenue expectations, eGames said.
The settlement also ended litigation with Elorg, a privatised Russian
company that owns the copyright for the best-selling computer video game
Tetris.
Hasbro Interactive Successfully Settles
Intellectual Property Suit
Acknowledging Hasbro Interactive's rights to
popular Atari properties, eGames, MVP Software
and Webfoot will cease sales of `knock-off' games
Leading PC and video game publisher Hasbro Interactive, Inc., announced
Thursday it has reached a favorable settlement in the intellectual property
lawsuit against software companies distributing `knock-off' versions of
several Atari games. eGames, MVP Software and Webfoot Technologies
consented to a federal court judgement that acknowledges Hasbro
Interactive's copyrights to popular properties, such as CENTIPEDE, MISSILE
COMMAND, ASTEROIDS and DIG DUG, and prohibits the sale of games cited in
the suit. The settlement also includes a payment to Hasbro Interactive for
an undisclosed amount.
``This is a content-driven business, making the protection of our
intellectual property among our highest priorities," commented Hasbro
General Counsel Barry Nagler. ``We're pleased that these companies and the
court have acknowledged the validity of our copyrights and, additionally,
believe that this will alleviate consumer confusion about the authenticity
of the games they purchase."
Hasbro Interactive acquired the rights to many Atari properties for the
home consumer market in 1998. Since then, Hasbro Interactive has been
successful in developing and releasing new, 3D PC and video games based on
CENTIPEDE, MISSILE COMMAND and, under exclusive license, TETRIS. This fall,
Hasbro Interactive will release the much anticipated 3D Pac-Man PC-CD-ROM
game, as well as all-new 3D versions of the Atari classics, GALAGA and
BREAKOUT, for the PC and PlayStation game console.
``The protection of our core assets is critical to ensuring Hasbro
Interactive delivers to the marketplace the highest quality, best-playing
games possible, so consumers continue to have a great experience with our
games," added Hasbro Interactive President Tom Dusenberry.
Under the terms of the settlement, eGames, MVP Software and Webfoot will
cease sales of the following games: ``3D Astro Blaster," ``Astro-3D,"
``Debris," ``Debris 32," ``Intergalactic Exterminator," ``3D Bug
Attack," ``Missile Launch," ``Missile 2000," ``3D TetriMadness,"
``TetriMania," ``TetriMania Master," ``3D TetriMania," ``XTRIS,"
``Trix," ``Smart Boxes," ``Columns Millennium," ``3D Geo Mania," ``3D
Maze Man," ``3D Chomper," ``Maniac Maze," ``3D Frog Man," ``3D Ms.
Maze," ``3D Munch Man," ``3D Munch Man II," ``3D Crunch Man," ``Tunnel
Blaster," and ``UnderWorld."
The suit was filed in U.S. District Court in Boston, Massachusetts, in
February. An earlier settlement was reached with two other defendants named
in the suit, GT Interactive and Varcon Systems.
=~=~=~=
A-ONE's Headline News
The Latest in Computer Technology News
Compiled by: Dana P. Jacobson
MP3.com: Judge May Extinguish Us
Universal Music Group, the world's largest record company, asked a judge
Tuesday to award it up to $450 million in damages because MP3.com infringed
its copyrights, an amount the Internet music company said would put it out
of business.
After considering closing arguments Tuesday, U.S. District Judge Jed S.
Rakoff said he would rule Wednesday afternoon whether MP3.com willfully
infringed Universal's copyrights and may determine how much MP3.com must
pay per violation.
``An award should sting. It should be serious," said Hadrian Katz,
Universal's lawyer.
Universal's record companies were the lone plaintiffs at the trial. The
nation's four other major record companies settled with MP3.com after
Rakoff found earlier this year that MP3.com had violated copyrights.
If he finds Wednesday that the company did so intentionally, that could
increase potential damages.
The amount of the settlements were not disclosed but the company set aside
$150 million recently to cover its legal costs, including the deals.
Katz said a $450 million award would be $45,000 for each of 10,000 CDs
Universal maintains were illegally copied and included in an MP3.com
service that allowed MP3.com customers to access their favorite CDs on the
Web.
The lawyer said the award would hurt the innovative Internet company but
would not be so harsh that it ``would put people out of work or end MP3.com
as a corporation."
Michael Rhodes, MP3.com's lawyer, pleaded with the judge not to impose a
penalty ``in the Draconian range of $400 million, an award that could never
be satisfied and would end up being the largest paper award in history."
He said Universal did not deserve what he described as a windfall.
``There's not one iota of evidence that they even lost a penny," he said.
He urged Rakoff to conclude MP3.com did not violate copyrights willfully.
MP3.com chief executive Michael Robertson testified that the company went
to great lengths to develop software that would require
customers to prove
they already own CDs before they were permitted to hear their favorite
tunes over the Internet.
MP3.com caused a stir in early January when it began the MyMP3.com
listening service, which allows customers to hear CDs from anywhere once
they prove they own them by inserting them into a computer CD slot.
MP3.com, Rhodes said, voluntarily suspended the illegal aspects of the
service as soon as the judge ruled and sought to negotiate business deals
with the record companies.
Despite the settlements, as many as half of the CDs in MP3.com's collection
may not be covered by the deals, meaning that a large ruling for Universal
could prompt a wave of fresh lawsuits against MP3.com, he said.
He noted that music publishers also had not reached deals with MP3.com.
Rhodes suggested the company not be penalized any more than $500 for each
of what MP3.com estimates is 4,700 CDs in the Universal collection that
would be subject to a court order.
But Katz said a $2.4 million award against MP3.com would send the wrong
message to other entrepreneurs who might want to test copyright laws.
``Massive copyright infringement is the kind of innovation that needs to be
deterred," he said.
MP3.com Loses Copyright Case
A judge ruled Wednesday that MP3.com willfully violated copyrights of music
companies and awarded Universal Music Group $25,000 per CD, a penalty that
could reach as much as $250 million.
U.S. District Judge Jed S. Rakoff said it was necessary to send a message
to the Internet community to deter copyright infringement.
Rakoff said some Internet companies ``may have a misconception that,
because their technology is somewhat novel, they are somehow immune from
the ordinary applications of laws of the United States, including copyright
law."
He added, ``They need to understand that the law's domain knows no such
limits."
MP3.com's lawyer, Michael Rhodes, told the judge a day earlier that a
penalty of any more than $500 per CD was a virtual ``death sentence" for
the company.
Outside court, Rhodes did not reject his earlier prognosis.
``Just do the math," he said.
MP3.com Chief Executive Officer Michael Robertson promised to appeal.
Rakoff said he could have given an award of as much as $150,000 per CD but
chose a number considerably lower because Universal had not specified how
it lost money because of MP3.com's infringements, even though it could have
done so. He also said MP3.com had acted more responsibly than other
Internet startups.
But experts were surprised at the severity of the ruling.
``The ruling was much harsher than I anticipated, as it puts the company
literally on the brink," said Nitsan Hargil, an analyst at Kaufman
Brothers in New York.
``If we assume the higher sum of money here, it would put MP3.com out of
business. It's very unlikely that they would receive financing to pay these
damages," Hargil said. ``In the more likely event that they could work out
a payment scheme, they could survive another day, but it does still leave
them with some very serious problems."
Leonard Rubin, a Chicago attorney who specializes in copyright, trademark
and entertainment law, said the decision was not a surprise given the
judge's previous rulings.
``But I would not have expected the severity of the award. It's very
heavy," he said. ``The judge is really trying to say, 'Listen all you MP3
types out there on the Internet, you better make your hay because the sun
is setting. The courts are not going to tolerate this kind of wholesale
copying of protected works."'
The ruling was closely watched by companies looking for new commercial uses
for the Internet, a factor that was noted a day earlier when Universal, the
world's largest record company, urged a stiff penalty.
``Music is a media and the next infringement may be very different," said
Hadrian Katz, Universal's lawyer. ``It may be video or it may be film or it
may be books or it may be something very different."
Katz had urged Rakoff to award Universal up to $450 million, saying MP3.com
had copied between 5,000 and 10,000 of the company's CDs. MP3.com put the
number at 4,700, which would put the damage award at $118 million.
Another phase of the trial in November will determine the number of CDs
involved and the total damages.
Katz has said the case could end up costing MP3.com as much as $3.6 billion
- or roughly one-tenth the industry's annual worldwide sales - once it is
forced to pay all the other companies whose copyrights it had violated when
it created an online catalogue of 80,000 CDs.
Katz declined to comment on Wednesday's decision and referred calls to the
Recording Industry Association of America.
Shares of MP3.com were halted before the decision; the most recent trade
was at $7.88 per share, down 68.8 cents on the Nasdaq Stock Market.
MP3.com upset the record companies in January when it began the MyMP3.com
listening service, which allows customers to hear CDs from anywhere once
they prove they own them by inserting them into a computer.
Universal's record companies were the lone plaintiffs at the trial. The
nation's four other major record companies settled with MP3.com after
Rakoff found earlier this year that MP3.com had violated copyrights. The
amount of the settlements were not disclosed but the company set aside $150
million recently to cover its legal costs, including the deals.
Robertson testified during the one-week trial that the company went to
great lengths to develop the software that would require customers to prove
they already owned the CDs before they were permitted to hear them over the
Internet.
Michael Rhodes, MP3.com's lawyer, pleaded with the judge not to impose a
penalty ``in the Draconian range of $400 million, an award that could never
be satisfied and would end up being the largest paper award in history."
He said Universal did not deserve what he described as a windfall.
``There's not one iota of evidence that they even lost a penny," he said.
Microsoft Ordered to Pay $1 Million to Tiny Rival
Microsoft has been ordered to pay punitive damages of $1 million to a tiny
Connecticut software company for engaging in ``wanton, reckless" and
deceptive business practices.
U.S. District Judge Janet Hall ordered the payment to Bristol Technology
Inc. on Thursday in the biggest award ever imposed under Connecticut's
fair-trade statute.
Hall's decision came less than three months after a federal judge in
Washington, D.C. ordered Microsoft broken up for violating the nation's
antitrust laws. That case, brought by the Justice Department and individual
states, is on appeal and the Supreme Court will soon decide whether to hear
it directly or send it to a lower appeals court.
Keith Blackwell, chief executive of Danbury, Conn.-based Bristol, said on
Friday, ``The court's opinion is a victory for Bristol, but more
importantly, for consumers."
A spokesman for Microsoft said the software giant will likely appeal.
Hall said Microsoft had engaged in ``wanton, reckless" and deceptive
business practices. Her ruling came just over a year after a federal jury
awarded privately held Bristol nominal damages of only $1 following a
six-week civil trial. Bristol had alleged that Microsoft violated U.S.
antitrust law by refusing to negotiate a new contract for Windows source
code.
On July 16, 1999, an eight-member jury found that Microsoft had not
violated antitrust law but found it liable for violating Connecticut
business law and awarded the $1.
Although the Bristol case was not related to the Justice Department lawsuit
against Microsoft, it made the similar claim that the software giant had
used its monopoly in the market for desktop operating systems to crush
competition.
``We're very happy with what she (the judge) wrote, it's a scathing
report," said Jean Blackwell, Bristol's co-founder and senior vice
president of sales and marketing.
In adding some $999,999 to the jury's original award, the judge ``has come
down on Bristol's side with every fact we presented," Jean Blackwell told
Reuters.
Bristol makes a product called Wind/U, which acts as a bridge between
developers writing software for computers based both on Microsoft's Windows
and Unix.
Bristol's original contract to license Microsoft source code -- the
blueprint that tells computer programmers how a software program works --
expired in 1997.
Bristol claimed it was victimized by Microsoft's supposed "Trojan horse"
strategy of gaining a foothold in the server and workstation markets, and
then killing off competition from the Unix operating systems in those
markets.
Microsoft strongly disagreed, arguing that Bristol had taken a mere
contract dispute and tried to dress it up with claims of antitrust
violations.
Rob Enderle, an analyst with technology consultancy Giga Information Group,
said the higher award was likely influenced by Microsoft's being found
guilty of violating antitrust law in the Justice Department's suit against
the company.
``Once again it shows that once Microsoft was found guilty in the antitrust
case, it placed them in the mind of many judges as an organization that
misbehaves," Enderle said.
Judge Hall's comments could also be used by the Justice Department as
further ammunition against Microsoft's appeal in the federal antitrust
case, Enderle said.
Microsoft has had a string of legal setbacks, and in January of this year
settled an antitrust suit filed by Caldera Inc. by agreeing to pay the Utah
software company $150 million.
In addition, Microsoft faces lawsuits in California and Maryland that have
grown out of the Justice Department antitrust case.
Microsoft Says Settles E-Mail Lawsuit with Harris
Microsoft said on Thursday it had settled a lawsuit filed against it by
Harris Interactive Inc., promising to let the online market research firm
reach users of its Hotmail e-mail service.
Harris in late July sued Microsoft, Internet services giant America Online
Inc., telecommunications firm Qwest Communications International, and
others, alleging that the companies blocked access by their customers to
e-mail surveys sent out by Harris.
``After looking into it, we'll make sure their e-mails get through to
Hotmail customers," said Microsoft spokesman Jim Cullinan.
Officials at Harris headquarters in Rochester, N.Y., could not immediately
be reached to confirm Microsoft's statement.
The lawsuit blamed an e-mail abuse prevention service used by the companies
that is maintained by Mail Abuse Prevention System LLC (MAPS), a
not-for-profit company based in Redwood, Calif., that is also named in the
suit.
Harris said MAPS had unfairly added it to its ``Realtime Blackhole List",
a register of 3,000 companies and groups that allegedly sent out
unsolicited mass e-mails, commonly called "spam", and thus blocked Harris
from reaching users.
Like other Internet research firms, Harris depends on Internet users who
agree to participate in its service. Harris then provides the data to
paying clients.
Microsoft said it was satisfied it could ensure the Harris surveys got
through to its base of 70 million Hotmail customers while still maintaining
its ability to protect them from spam.
Last month, Harris dropped the suit against AOL after it agreed to let
Harris communicate with users who wanted to take part in its surveys and
dropped its use of the MAPS service.
Harris had sought injunctive relief and ``significant" monetary damages
from the companies, but Cullinan said no money was involved in the
settlement.
High Court Takes No Action on Microsoft
The Supreme Court took no action on the Microsoft appeal Friday, leaving
open the question of when it will decide whether to hear a direct appeal of
the case from the trial court.
The Justice Department has asked the court to hear the case immediately,
while Microsoft has asked that it be first heard by a lower appeals court.
A District Court judge found in June that Microsoft had used its monopoly
power in personal computer operating systems to compete illegally, and
ordered the software giant should be split in two to prevent future
violations. The order was delayed until final action on the case.
Friday was a day scheduled for the court to release orders on which cases
it would consider, but Microsoft was not among the cases on which it acted.
Other likely times for an order to be released are the week before the high
court formally opens its new term on Oct. 2, or on Oct. 2 itself, experts
said.
But sometimes the court wants to give further consideration to cases that
have piled up over the summer and waits until one of the weeks after it
convenes, the experts said.
District Judge Thomas Penfield Jackson, acting at the request of the
Justice Department, certified the case directly to the Supreme Court under
a law allowing major antitrust cases to bypass lower appeals courts.
Jackson was the trial court judge.
The Justice Department told the high court in August that the case had
``immense importance to our national economy," meeting the standard of the
act, which provides for high court review of major government antitrust
cases directly after decision by a trial court.
``If this case does not qualify for direct review under the Expediting Act,
it is difficult to imagine what future case would," argued the government,
invoking the act for only the third time in 26 years.
But Microsoft asked the Supreme Court in July to let the case be heard
first by the U.S. Court of Appeals -- a court that ruled for the company in
a related 1998 government-initiated antitrust case.
The Court of Appeals in Washington has already agreed to handle the case
quickly if it is remanded to them.
Microsoft argued that the appeal would entail ``a morass of procedural and
substantive issues that can be resolved only through a painstaking review
of a lengthy and technologically complex trial record."
The Justice Department said that route would add a year or more to the
appeals process.
The two sides have disagreed over what matters needed to be discussed.
California Bill Seeks Online Sales Tax
California lawmakers have voted to force companies with stores in
California to collect sales tax on products they sell over the Internet, a
tiny step toward dealing with the increasing number of online purchases.
The bill, passed Wednesday, is believed to be the first of its kind in the
nation.
Gov. Gray Davis hasn't said whether he will sign the bill, but he generally
doesn't support Internet taxes, said his spokeswoman Hilary McLean.
California's sales tax is 7.25 percent. If that tax was applied to Internet
sales, the state estimated it could bring an additional $14 million
annually, a fraction of the state's $22 billion in sales taxes.
The Senate also sent Davis a related bill on Wednesday that would require
him to talk to other states about developing a multistate sales tax system
to capture revenue from Internet sales to California residents by
out-of-state companies.
California has approved a moratorium on taxing such purchases while
Congress and other states consider the complicated issues involved. At
least 26 other states have formally approved - either through legislative
resolutions, proclamations or gubernatorial orders - plans to study a
multistate tax system, according to the National Conference of State
Legislatures.
In Washington, federal lawmakers are considering a five-year extension of a
ban on Internet-specific taxes that expires next year. The bill, which has
cleared the House, includes taxes on access but does not address state
sales taxes.
Under the California bill, an Internet or catalog company would have to
collect sales tax if it has a relationship with stores in California, sells
similar products under a similar name or if the two companies promote each
other's sales.
That would include companies like Barnes & Noble bookstore and online
partner barnesandnoble.com, which is incorporated separately.
``The public believes Barnes & Noble is barnesandnoble is Barnes & Noble,
whether they see it on the corner or on the Internet," Assemblywoman Dion
Aroner said.
She said many companies, such as Macy's and Recreational Equipment Inc.,
that do business both in stores and online are collecting the tax.
A Silicon Valley lawmaker, Assemblyman Jim Cunneen, called the bill ``a
major mistake." California should wait for federal and multistate
negotiations on the e-commerce tax issue to settle the issue, he said.
The bill was sought by Northern California Independent Bookstores and is
supported by stores, labor groups and local governments. It is opposed by
the American Electronics Association and the Silicon Valley Software
Coalition.
``We think California should try to be a home for e-commerce and try to be
on the cutting edge, and we think this would put California at a
competitive disadvantage," said Chris Shultz of the American Electronics
Association.
Neil Austin of the National Conference of State Legislatures expects other
states will follow California's lead. ``I think the states have been
waiting for someone to start," he said.
"Donald Duck" Virus On The Loose
There is a new virus propagating in the Philippines, but this time it is
not as dangerous as the "Love" bug that plagued corporate computer systems
earlier in the year.
According to the National Infrastructure Protection Center (NIPC), the bug
is named "Donald Duck," after the Disney character, and arrives with the
subject line "erap estrada"--the nickname of Philippine president Joseph
Estrada.
Over the weekend, the NIPC Watch Office received word that a Trojan horse
was reported in the wild in the Philippines, meaning it is attacking
computer systems after it arrives in an email attachment.
Once the attachment is opened, the "DonaldD.trojan," is executed and--like
the Love bug--can collect usernames and passwords from the victim.
"Currently, the Trojan horse is proliferating mainly in the Philippines
and is considered a low threat to the United States by the antivirus
industry," the NIPC wrote in its virus warning on the DonaldD.Trojan late
Friday.
Updated commercial antivirus software will detect the DonaldD.trojan, the
NIPC said.
"There have been no reports on this in the United States," said Dyan Dyer,
chief executive of antivirus firm Command Software Systems. Nonetheless,
Dyer said computer users should exercise caution when returning to work
after the Labor Day weekend and read title lines and be suspicious of any
Disney characters or references to the Philippine president.
The "I Love You" virus, unleashed in May, rapidly replicated itself via
email, overloading corporate email systems in many countries and causing
damage estimated in the billions of dollars by some experts.
AOL in Talks with Several Carriers
America Online Inc. is in talks with several firms in search of deals to
help it tap into the booming mobile phone marketplace, AOL executive Dennis
Patrick said in an interview on Tuesday.
Internet companies are rushing to pair up with wireless providers in an
attempt to deepen customer relationships and increase Internet usage in the
United States while adding subscribers abroad.
``We are having ongoing talks," Patrick, who is president of AOL's
wireless unit, told Reuters. ``We have not announced any intention to buy
networks or anything of that sort. We have been very open about the fact
that our preferred strategy both domestically and internationally is to
partner with the carriers.
``We don't underestimate the difficulty and the capital intensity of
building these wireless networks, so our position both publicly and
privately is that we would like to partner with carriers to find ways to
better service the wireless subscribers of the carriers as well as, of
course, our members," he said.
Many companies are aggressively marketing Internet services and content via
wireless, especially in Europe.
Among them are Spanish telephone giant Telefonica and its Internet arm
Terra Networks SA, which recently agreed to buy U.S. Internet media network
Lycos Inc., and T-Online AG, a unit of German telecom giant Deutsche
Telekom.
In Japan, Dulles, Va.-based AOL has reportedly teamed up with NTT DoCoMo
Inc. to provide AOL services to NTT clients. However, the company has not
officially announced the partnership.
AOL and leading Internet media network Yahoo! Inc. have paid big sums of
money for deals with carriers such as Sprint PCS Group and AT&T Wireless
Group Inc. in the U.S. to secure a prominent display on wireless devices'
highly coveted small screens, offering content and services including news
and e-mail.
As they enter the wireless battleground, Internet leaders will be forced to
compete on unfamiliar turf, obliged to take on wireless-only players as
well as traditional rivals.
AOL has already linked up with one new rival, OmniSky Corp., which offers
wireless Internet services to hand-held mobile device users. OmniSky said
Tuesday it agreed to deliver AOL content and services while AOL took a
minority stake in Omnisky, which is preparing an initial public sale of
stock.
AOL, whose merger with media giant Time Warner Inc. is expected to be
completed in October, also has cut deals with Motorola Inc., BellSouth
Corp. and paging services firm Arch Communications.
The Internet services giant plans to introduce a paging system that will
deliver e-mail along with its popular instant messaging chat feature in the
next few months, Patrick said.
AOL is likely to continue pursuing pacts similar to the one it forged with
Sprint PCS because most users tend to gravitate to the choices presented by
their carrier on the first screen that users see when they fire up their
devices, said Joe Laszlo, analyst at Jupiter Communications.
Verizon Communications, Nextel Communications Inc. and VoiceStream Wireless
Corp. would be logical U.S. partners for AOL, Laszlo said.
AOL has seen strong consumer demand in the wireless world for its wildly
popular instant messaging feature, which enables tens of millions of
Internet subscribers to swap quick messages with friends and family.
Many of AOL's rivals have called for the company to open up its system so
that users of rival systems offered by Microsoft Corp., Yahoo and others
can hook up with AOL users. The issue has come to a head as federal
regulators review AOL's planned $129 billion merger with Time Warner.
The staff of the Federal Trade Commission, one of the government agencies
reviewing the proposed AOL-Time Warner deal, wants major changes in the
merger plan to assure it complies with U.S. antitrust law, a source told
Reuters on Tuesday. But the staff objections are not expected to delay the
deal's closing.
By combining instant messaging with the location-finding features offered
in new portable phones, AOL hopes eventually to be able to deliver
location-specific information to instant messaging users via its MapQuest
online mapping and directions unit, Patrick said.
Instant messaging in the wireless realm is ``not at all far off," he said.
While it may be a while before phones are used to go Internet shopping,
AOL's second version of its wireless portal, due out some time this winter,
will include some commerce applications, Patrick added.
IBM Unveils New ThinkPad And Wireless Options
International Business Machines Corp. on Thursday unveiled a new line of
notebook computers targeted at consumers along with new options for
accessing the Internet and other networks wirelessly.
The ThinkPad i Series notebook computers will have a standard local area
network wireless capability, which will allow for Internet access without a
cable attached.
In addition, IBM said it would provide options for PC cards that will
enable computers with Bluetooth technology, which allows a computer to be
connected to printers and other nearby peripherals without cables.
``Customers are looking for a way to disconnect from the wall, yet stay
connected to their business or Internet," said Rick McGee, vice president,
mobile brand marketing, IBM Personal Systems Group. ``With the
first-of-a-kind integrated wireless ThinkPad or the Bluetooth PC Card,
growing businesses get easy access to corporate data without a large,
complicated investment in network infrastructure."
IBM said it is working with companies such as WayPort and MobileStar in
their efforts to create wireless systems in airports and hotels as well.
New ThinkPad i Series 1300 notebook computers will be available early
fourth quarter starting at $1149. The new Bluetooth PC Card from IBM will
be available in October starting at $189.
=~=~=~=
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