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Atari Online News, Etc. Volume 03 Issue 09
Volume 3, Issue 9 Atari Online News, Etc. March 2, 2001
Published and Copyright (c) 1999 - 2001
All Rights Reserved
Atari Online News, Etc.
A-ONE Online Magazine
Dana P. Jacobson, Publisher/Managing Editor
Joseph Mirando, Managing Editor
Rob Mahlert, Associate Editor
Atari Online News, Etc. Staff
Dana P. Jacobson -- Editor
Joe Mirando -- "People Are Talking"
Michael Burkley -- "Unabashed Atariophile"
Albert Dayes -- CC: Classic Chips
Rob Mahlert -- Web site
With Contributions by:
Kevin Savetz
Matthew Bacon
Raphael Espino
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To download A-ONE, set your browser bookmarks to one of the
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http://people.delphi.com/dpj/a-one.htm
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Visit the Atari Advantage Forum on Delphi!
http://forums.delphi.com/m/main.asp?sigdir=atari
=~=~=~=
A-ONE #0309 03/02/01
~ New AtarIrc Version! ~ People Are Talking! ~ MusicEdit 6.2 Out!
~ Microsoft Making Case! ~ Ol' Hacker's Last News ~ Space Codes Hacked!
~ ICQ Testing Ad Banners ~ Napster Seeks Appeal! ~ 8-bit JPEG Viewer
~ Online Biz Leaders Bow ~ eBay Anti-Spam Faulty! ~ Napster Starts Block
-* Cadenza Software Now Freeware *-
-* eBay Monitors Copyright Infringement*-
-* Trade Group Recommends Larger Online Ads! *-
=~=~=~=
->From the Editor's Keyboard "Saying it like it is!"
""""""""""""""""""""""""""
I'm afraid that I'm still in a somber mood this week. Hopefully, the worst
is over. I don't usually talk about my real personal stuff here, as this is
not really the place to do it. But, it's been my belief that "talking"
about things tends to help.
The reason I've been out of sorts the past few weeks is because my mother
had been diagnosed with terminal cancer six months ago. She had been doing
fairly well up until three weeks ago. She was too much for my father and
brother to care for at home, so she was admitted to the hospital. My wife
and I visited her a couple of weeks ago. Shortly afterward, she was
transferred to a nursing home. She was having good days and bad.
I have a clock radio that I use for my alarm clock. Monday morning, it went
off as usual for work. The song that was playing was Bob Dylan's "Knockin'
On Heaven's Door." Somehow, I knew something was wrong. A half hour later,
my phone rang. It was my father calling to tell me that my mother was gone.
After numerous trips back and forth to Maine, we laid her to rest Wednesday.
It's been a very trying week; and I'm exhausted both physically and
emotionally. It's Thursday night, and I think I've been in a vegetative
state all day.
So, instead of spending a lot of time moping about, I figured it would be
good therapy to work on this week's issue. I appreciate Joe Mirando's offer
to put it together this week, but I needed the distraction. Thanks, Joe.
So, instead of my editorially fuming about the potential screw-up and
reversal of the Microsoft case, or seeing the potential for bigger and more
intrusive web banner ads - I've been more personal than I would normally be.
It has helped the grieving process; and I hope you'll forgive my using this
forum in doing so. My mother didn't know anything about computers although
my father used one to obtain knitting patterns and crossword puzzles for
her. She only knew the name Atari because of my enjoyment of the 2600 many
years ago. Regardless, I just want to close by dedicating this issue to her
memory.
Until next time...
=~=~=~=
Cadenza Software Releases Back Catalogue As Freeware
"Due to pressures of work and MyAtari magazine (www.myatari.net), I have
reluctantly decided to close Cadenza Software.
As a thank you to everyone who has supported Cadenza over the years, I am
releasing every program I have written (including Web.Wizard) as FREEWARE!"
http://www.cadenza-software.co.uk
New AES - VDI Binding Library
A new version of free AES - VDI binding library is available.
MGEMLIB pl 39 is based on GEMLIB pl 38
What new?
Fix a lot of bugs
Add new calls of Magic
Support of multi-threading for AES
Speed optimisation
No difference for between INT in 16 bit and 32!
This lib can be use now for GCC (16 -32), PureC, SozobonX and
should be work with other C compilers.
Source and binary are available
http://gemtos.free.fr/libs.php3
AtarICQ 0.149 Released
Another release of AtarICQ is now available, with a few new features to
explore:
-Use more lines for writing your messages
-UNDO will re-enter last sent message (even URLs)
-New LED-panel added, so you can see when aICQ is waiting for ack/data
-New sound event, sound_msg_sent
These are the most significant changes. Read the docs to learn about all
the details.
http://gokmase.atari.org
MusicEdit 6.2 Available
This new version of the notation-software MusicEdit has a new coded
toolbox and a better integrated help. It runs on TT, Falcon,
Atari-Compatibles as the Milan and on all other Ataris with MagiC or N.AES.
A demo is available:
http://www.musicedit.de
Final Ol' Hacker's Newsletters
The final two newsletters published by the now-defunct Ol' Hackers Atari
User Group are available for download from the Ol' Hackers Newsletter
Archive.
The final issues are July/August/December 2000 and
October/November/December 2000
http://www.atariarchives.org/oldhackers/
Version 0.5 of a8jdpeg JPEG Viewer Released
The latest version of a8jdpeg, the jpeg viewer for the Atari 8-bit is
now available for download. a8jdpeg is an Atari 8-bit port of the
C=64's juddpeg, written by Stephen L. Judd.
It is available for download at either of these addresses:
http://rjespino.atari.org">http://rjespino.atari.org">http://rjespino.atari.org
http://rjespino.webhop.org">http://rjespino.webhop.org">http://rjespino.webhop.org
The main changes are:
o Added HIP viewing mode
o Added HIP save mode
o Reduced flickering in flicker modes
o Files can be selected from the directory list
o Wildcards can now be used when loading files
=~=~=~=
PEOPLE ARE TALKING
compiled by Joe Mirando
jmirando@portone.com
Hidi ho friends and neighbors. Well, as I've said a couple of times in
the last few issues, it seems that winter just isn't done with us here
in the northeast. There are cold-snaps and snow in the forecast for the
next week or so, and most of the people around me are wishing for more
spring-like weather.
I'm pretty comfortable with whatever nature throws at us. I figure that
a little extra snow this season will end up as extra water in the
reservoir this spring and early summer.
Whenever we get a little bit of unexpectedly cold or snowy weather, I
think of a joke that David Letterman told several years ago. For anyone
who doesn't know, David Letterman is the host of 'The Late Show with
David Letterman', a late night collage of guests, music, and humor.
Letterman is a self-described "gap-toothed talk show weasel" and tends
toward the absurd in his humor. This one particular joke was told
after a snow and ice storm that took 'The Late Show"'s home city of New
York by surprise.
"Due to the recent storm and cold weather", Letterman said, "Tomorrow's
seminar on global warming has been cancelled".
It made me laugh, but there's a not-so-hidden truth there. We tend to
see little fluctuations without seeing the whole. A bout with cold
weather grabs our attention while the facts that our polar ice sheets
are shrinking and the world-wide ocean temperature seems to be rising
escape our attention. Perhaps it's an observation of convenience, or
perhaps it's the fact that the human race's cumulative attention span
is shrinking as fast as the polar ice.
Now don't get me wrong. I'm not one of those who want to see us cutting
out the use of fossil fuels no matter what the cost, or an end to all
logging, hunting, fishing, and anything else that makes use of our
natural resources. There's a difference between use and abuse, and I
think we need to take a hard look at which side of the line we want or
need to be on, but let's face it... we need these resources. We just
need to use them responsibly.
What does any of this have to do with Atari computers?? Nothing
whatsoever. Ain't it cool? <grin>
Well, let's get to the news, hints, tips, and info from the UseNet.
From the comp.sys.atari.st NewsGroup
====================================
Andy Ball asks:
"Out of interest, can the MegaSTE use an internal hard disk?
If so, is this via a separate, internal SCSI host adaptor
or some sort of ACSI <-> SCSI adaptor? I know very little
about ACSI."
Dr. Uwe Seimet, author of HD Driver, tells Andy:
"Sure, most of these machines were equipped with an internal drive right
from the start, often a SEAGATE 157N.
It's an ACSI <-> SCSI adapter manufactured by Atari. The only machines
produced by Atari with a real SCSI port were the TT and the Falcon.
John Garone asks:
"Anyone buy from ASH lately? I've been trying to get a price for
Papillon from them (Oliver) since Dec., 2000!!!"
Hallvard Tangeraas asks about finding a particular program:
"Anyone know where I can download the disk-copier "Acopy" from?"
Lyndon Amsdon tells Hallvard:
"That's an old one, if I remember correctly. Try umich archive under a
section called copiers, I expect you'll find it there. It usually
comes up with old software for me."
Hallvard tells Lyndon:
"Didn't find any "copiers" directory there. Had a look under "diskutils"
where all sorts of other copiers are found, but no Acopy.
The website (there's no more FTP site at Umich as far as I know) is:
http://www.umich.edu/~archive/atari/
Anyone else know?
I'm trying to copy a protected disk which I've legally bought, but don't
want to risk losing. I feel entitled to being able to make my own
backup in case something goes wrong with it. Especially since the
program isn't sold or supported any longer, so I can't even buy a new
copy if something goes wrong with the original disk.
I have no intentions of giving away/selling copies either. This is for
my own use only.
I've tried many copy programs, but someone suggested I give Acopy a go.
If this doesn't work I might have to buy an extra disk drive and wire up
a "Blitz" cable, hoping that'll do the trick."
'Phantomm' asks for help with his ISP connection:
"Having a problem with my ISP, maybe someone will know how to solve.
Recently, my ISP announced that they are changing the Number the folks
in my area use to access the Net.
They have gave me 2 numbers to try and use. None of them work! The
problem is that when my modem tries to connect to their modem system
the carrier is dropped at the point were normally it would connect!
I'm fairly sure the problem is not on my end as all I am doing is
changing the access number.
Also, I can access other ISP's in my area just fine, I'm just not
registered with any of them at the present time. (That will change very
soon!)
I have been speaking with the Techs on the matter and they have told me
that everything is the same except that they are using some type of
WinModem System. I think this is just a large Modem that handles all
Users Connections.
I have also noticed some strange Tones when my modem is trying to
connect to these new numbers. Some times it is a High pitched Tone, other
times it is very Low. And sometimes it sounds just like any normal modem
does when trying to connect but still hangs up the phone line just when it
sounds like you are going to get a connection!
Now I Use Sting on a CT2B Falcon, my modem is a Hayes Accura 56K modem.
I have also been trying to connect to the new numbers using the Term
program STalker. It connects fine to my old normal number, but will not
connect to the new numbers. Stalker also connects to the other ISPs in my
area as I have already mentioned above. I've tried just about everything I
can think of. I've been using a modem to connect to BBS for at least 10
years so I do know that the problem isn't with my Computer or modem unless
there is some type of Modem incompatibility that I'm not aware of.
Now does anyone know what the problem with the ISP is?
I did talk with a Engineer at the ISP, and he mentioned something about
the way I am getting routed to the ISP and I might be getting connected
to an ASCEND Terminal or something like that. I did have some problems
months back similar to this. Instead of connecting to the ISP, I was
getting an ASCEND Prompt instead of a LOGIN prompt. But now I can't even
get connected to see if that is the case or not.
If you have any answers to this problem then E-mail your replies.
If the problem is not found in a couple of days then I will loose
access to the NET with this ISP and will have to switch to another one.
Which is no major problem. But I would like to stay with this one if
possible.
Now folks that exchange e-mail with me or folks that are in the middle
of buying/selling/trading with me. All deals will still be on. But you
might not get a e-mail from me for a few days, until I get setup
somewhere else.
If you have anything important to e-mail me, then do it now because I
will loose access probably by Wednesday if the problem isn't fixed.
Thanks and I'll be BACK, Bigger and Better, Stronger and Faster!!!"
Dan Ackerman tells Phantomm:
"Like you I doubt it's the init string. It could be the phone company.
The Ascend is a very good probability though. Have your ISP check if
there are any announcements or advisories about the new hardware they
are installing. You are using a Hayes modem that may not properly talk
to it unless they turn a switch on in the software configuration. I
have seen this before.
I haven't heard of this (Windows-only ISPs), but it wouldn't surprise
me. However luckily, most windows coders can't anymore. It's very
likely that if you have a TCP/IP stack that does an active negotiation
that it will continue to work with it. I complained to my ISP about a
software change they made once. It made it so that I had to connect 3
or 4 times before I got a good connection, it turned out that they had
installed this software 10 months prior and it just hadn't started
working reliably til recently. They went in and checked it and
discovered that it was misconfigured. But back to the first topic, if
you have an active negotiation (STiK does this, I'm sure MiNT Net can
be told to do it if it doesn't by default, and I would be surprised if
STiNG didn't do it) you will probably cause the ISP to flip over and
negotiate the connection for you. By active, I mean the following.
Most of the time people wait for the remote end to send you data and
then you reply to it until your connection is established. There is
the second path though, that is documented in the RFC where you request
the info from the ISP and they reply to you. It's a different path
through the state machine, but it works. I can only speak for STiK2
obviously, but with it, it waits for the remote to speak to it and if
it doesn't in a set amount of time, it initiates the negotiation itself
with the ISP.
As I said in the first part have them check on an service
announcements about their equipment. It's possible that it will not
accept connections from your modem until they reconfigure it. Since
you have a Hayes 56k modem, they shouldn't complain that you are using
a crappy modem."
Kevin Savetz tells us about someone's idea of what a computer should be:
"Techtv.com says Atari (they don't even pick a particular model, they
simply complain about everything from the Atari 400 to the ST)
is 7th crappiest computer in history.
I now have a new mortal enemy.
By the way. The C64, Apple //, TI-99, and TRS-80 also made the list.
Apparently computing was supposed to jump straight from the abacus to
1 GhZ Windows 2000 machines overnight.
Be offended for yourself at:
http://www.techtv.com/help/hardware/story/0,23008,3312370,00.html "
Richard McGorman asks about reseating chips in an ST:
"I've had a 520ST since 1986. It periodically stop working every few
years and I have to re-seat the chips in order to get it working again.
Is this a common occurrence for others? I've never heard of this
problems with other computers built in the mid to late 80's."
Bob Retelle, a guru-in-good-standing since time began... at least as
far as the ST series of computers is concerned, tells Richard:
"The problem with the 520 and 1040 STs is that the motherboard is
mounted inside the same case as the keyboard.
The long, narrow PC board tends to flex as you pound on the keyboard,
eventually causing the chips to "creep" up out of the sockets.
The very early 520STs exhibited this quite a bit, so eventually Atari
put metal clips on the square socketed chips, but the ROM chips still
tended to creep because of the flexing.
Systems like the Mega and MegaSTe don't have this problem because the
keyboards are separate from the CPU unit.
This creeping chips problem lead to several "popular fixes",
predominant among which was the "Atari drop fix", where you'd lift the
ST about 12" above the work surface and let it drop. If that didn't
fix it, you'd hold it higher and higher, until either the chips made
better contact or you smashed the thing and it became moot.
My favorite fix, short of actually disassembling the computer to press
the chips down is to hold the computer in both hands, one hand at each
end of the case, then "twist" the case almost like wringing out a wet
sponge (gently though!).
Actually, after I installed a 4 Meg upgrade, I ended up just leaving
the screws out of the case, and ditching the metal RF shield so I
could just pop the top off and push everything back into its socket at
a moment's notice.
Interesting to note that people would put up with an annoyance like
that because they liked the computer so much..!"
Well folks, that's it for this week. 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 - 'NBA Hoopz'! 'CMX 2002'!
""""""""""""""""""""""""""""" 'Tiger Woods PGA Golf Tour 2001'!
'Army Men: World War - Final Front'
And more!
=~=~=~=
->A-ONE's Game Console Industry News - The Latest Gaming News!
""""""""""""""""""""""""""""""""""
Midway Sports Asylum's All-New NBA Hoopz
Catches Fire With NBA MVP Shaquille O'Neal
Midway Sports Asylum announced that NBA Hoopz is scheduled to ship this
week for the PlayStation2 computer entertainment system. Midway shipped NBA
Hoopz for the PlayStation game console, Sega Dreamcast and Game Boy Color
last week. The only dedicated extreme-style basketball videogame this
season -- NBA Hoopz -- showcases exclusive 3-on-3 action, mini games and
NBA Big Man Shaquille O'Neal's motion-captured moves.
NBA Hoopz is licensed by the NBA and features all of the NBA teams,
signature moves of popular NBA superstars and over-the-top action not
included in any other basketball videogame. In the game, players control
larger-than-life NBA stars that showcase detailed faces and bulging
muscles. An ``On-Fire" feature allows players in the game to catch fire
when playing well, and enhances the extreme-style of gameplay.
``Midway Sports Asylum is setting a new standard for sports games with NBA
Hoopz' outrageous, high-flying animations and exclusive 3-on-3 gameplay,"
said Helene Sheeler, vice president of Marketing, Midway. ``Only Midway
Sports Asylum can take real basketball and inject it with over-the-top
features that give you more than a simulation experience can."
NBA Hoopz features more than 500 new rim-rattling animations as well as
secret courts and players, a new Create-A-Team option, enhanced
Create-A-Player feature, and mini-games (2ball, ``21," Around the World,
three-point shootout, and Hoopz practice). High-powered play-by-play
commentary catches all of the outrageous gameplay, while explosive music
and sound effects recreate the courtside action and excitement found at an
actual basketball game.
``NBA Hoopz is going to be a big hit with kids and pro athletes because you
get to do extreme moves in the game that you only wish you could do in real
life," said Shaquille O'Neal, Los Angeles Lakers center and league MVP.
``The 3-on-3 feature in the game is especially exciting because it allows
for more over-the-top action."
All Platforms Features
All-new dedicated 3-on-3 format gives the user the chance to play as a guard,
forward or center
Hidden courts include Roof-Top, Oil Rig, Beach and other exotic locations
The Hoopz Button feature triggers many special moves including backing down,
give-n-gos and alley-oop jams
Arcade-style gameplay featuring players soaring above backboards and hitting
jumpers from all over the court. After getting three consecutive baskets,
players literally ``catch fire," to pull-off even more unbelievable moves and
shoot with greater accuracy
PlayStation 2 Computer Entertainment System Features
More than 500 animations, including all-new motion captured moves from NBA MVP
Shaquille O'Neal, arcade favorites like the ``bicycle" and signature moves
like the ``tomahawk," the ``windmill" and the ``360(Degree) Jam"
Mini Games: 2ball, the playground standard ``21," Around the World, Hoopz
practice or head out for three-point shootout
Hidden players include NBA Mascots and more
Create-A-Team -- gamers can build their own team from the entire roster of NBA
teams
Create-A-Player -- build yourself or an alter ego into the game and customize
everything from height and weight to power, speed and dunking ability
New instant-replay option allows users to watch their most electrifying moves
Life-like 3D player models with bulging muscles and real player faces
Unrivaled 3D game engine operating in various environments from indoor arenas,
tropical beaches and other unique settings
Dynamic camera angles to capture all the ankle-breaking moves, head-twisting
passes and sky-walking slams
Full analog and vibration control compatibility with intuitive, fast-action
arcade-style controls
Explosive music and sound effects that help to bring the action to a fever
pitch
High powered play-by-play commentary describes all the outrageous action
Track important stats, games played and games won or lost, then watch the
leader board for ``Season Highs"
Dreamcast Features
More than 500 animations, including all-new motion captured moves from NBA MVP
Shaquille O'Neal, arcade favorites like the ``bicycle" and signature moves
like the ``tomahawk," the ``windmill" and the ``360(Degree) Jam"
Mini Games: 2ball, the playground standard ``21,"Around the World, Hoopz
practice or head out for three-point shootout
Hidden players include NBA Mascots and more
Create-A-Team -- gamers can build their own team from the entire roster of NBA
teams
Create-A-Player -- build yourself or an alter ego into the game and customize
everything from height and weight to power, speed and dunking ability
New instant-replay option allows users to watch their most electrifying moves
Life-like 3D player models with bulging muscles and real player faces
Unrivaled 3D game engine operating in various environments from indoor arenas,
tropical beaches and other unique settings
Dynamic camera angles to capture all the ankle-breaking moves, head-twisting
passes and sky-walking slams
Full analog and vibration control compatibility with intuitive, fast-action
arcade-style controls
Explosive music and sound effects that help to bring the action to a fever
pitch
High powered play-by-play commentary describes all the outrageous action
Track important stats, games played and games won or lost, then watch the
leader board for ``Season Highs"
PlayStation Game Console Features
More than 500 animations, including all-new motion captured moves from NBA MVP
Shaquille O'Neal, arcade favorites like the ``bicycle" and signature moves
like the ``tomahawk," the ``windmill" and the ``360 Degree Jam"
Create-A-Player -- build yourself or an alter ego into the game and customize
everything from height and weight to power, speed and dunking ability
Create-A-Team -- gamers can build their own team from the entire roster of NBA
teams
Unrivaled 3D game engine operating in various environments from indoor arenas,
tropical beaches and other unique settings
Dynamic camera angles to capture all the ankle-breaking moves, head-twisting
passes and sky-walking slams
Full analog and vibration control compatibility with intuitive, fast-action
arcade-style controls
Explosive music and sound effects that help to bring the action to a fever
pitch
High powered play-by-play commentary describes all the outrageous action
Track important stats, games played and games won or lost, then watch the
leader board for ``Season Highs"
EA SPORTS Brings Tiger Woods And
The PGA TOUR To The PlayStation 2
First True Next Generation Golf Sim, Tiger Woods
PGA TOUR Golf 2001, Ships This Week
Electronic Arts delivers Tiger Woods to golf fans and the PlayStation2
computer entertainment system owners, as Tiger Woods PGA TOUR Golf 2001
ships for the PlayStation 2 console. The newest game of the Tiger Woods
franchise is the first true next generation golf simulation and EA SPORTS
tees up its most comprehensive console golf title to date: there are six
elite PGA TOUR professionals, three prestigious courses, faster gameplay,
crisper graphics and several different game modes, including a new EA
SPORTS PGA TOUR Challenge mode and a Play Now mode.
``We took the best golfer in the world as well as three of the most
beautiful and well-known golf courses in this country and developed the
best-looking and fastest-playing golf game to date," said John Vifian,
executive producer of Tiger Woods PGA TOUR Golf 2001. ``PlayStation 2 fans
and golfers alike have been waiting to get their hands on a game featuring
Tiger Woods on a next generation system, and they will really enjoy the
look and feel of this one."
In addition to Tiger Woods, the game includes a deep lineup of PGA TOUR
champion golfers. Brad Faxon, winner of the 2001 Sony Open, Mark
Calcavecchia, winner of the 2001 Phoenix Open, Stewart Cink, Robert Damron
and Justin Leonard are all featured in the game and had their swings, putts
and even their attitudes motion captured for the game. The different game
modes accommodate any golfer's interests, ranging from ``skins," to match
and stroke play, a new Play Now mode, as well as the new EA SPORTS PGA TOUR
Challenge. TOUR Challenge mode allows players to compete as amateurs, turn
pro and have their skills tested at every step on their way up the
competitive TOUR ladder. The new Play Now mode challenges users to complete
21 competitive scenarios and puts players right into the middle of a
competitive situation.
With the exclusive license of the Pebble Beach Golf Links®, players can
choose to play on the famed course or two other elite courses inside the 17
Mile Drive on California's Monterey Peninsula, SpyGlass Hill Golf
Course and Poppy Hills Golf Course. The beauty, grace and challenge
of each course are reflected in Tiger Woods PGA TOUR 2001.
Tiger Woods PGA TOUR Golf 2001 for the PlayStation 2 console continues to
push technology to the next level with its incredible graphics and real
time interaction, featuring the first full 3-D golfer in the Tiger Woods
golf franchise. The 3-D game engine delivers full screen, real-time dynamic
cameras that follow the ball in flight. Complementing the courses, players
and gameplay modes are the technical aspects of the game that combine with
the features to deliver a well-rounded and smooth-playing game. Precise
golf ball physics are engineered specifically for accurate ball flight,
spin, bounce and putting roll, but players must also be alert to the wind
meter and lie indicator in order to get off the best possible shot.
Tiger Woods PGA TOUR 2001 is rated ``E" (Everyone) by the ESRB. The
suggested retail price is $49.95.
THQ Brings Heralded Motocross Franchise to Game Boy Advance
With "CMX 2002 Featuring Ricky Carmichael"
THQ Inc. announced the definitive handheld motocross game for Nintendo's
upcoming Game Boy Advance system, ``CMX 2002 featuring Ricky Carmichael."
Following the success of the ``Championship Motocross" franchise on
PlayStation and the growing popularity of the sport, THQ looks forward to
expanding its motocross franchise with an all-new game for Nintendo's next
generation handheld system.
Currently in development by Tiertex, ``CMX 2002 featuring Ricky Carmichael"
will offer 30 professional riders and freestylers, 20 licensed events, five
fully customizable bikes and an extensive library of tricks and combos,
delivering the most complete handheld interactive motocross experience.
``CMX 2002 featuring Ricky Carmichael" is scheduled for release in summer
2001.
``THQ is thrilled with the success of the CMX franchise," said Michael
Rubinelli, vice president of product development, THQ. ``We are committed
to dominating the motocross genre and plan to deliver the most realistic
motocross game on the Game Boy Advance with more real tracks, riders,
equipment and sponsors than any handheld system has ever seen."
``CMX 2002 featuring Ricky Carmichael" features a 30 rider roster
complementing Ricky Carmichael with seven of the current top 10 from the
250cc class, major 125cc class factory riders and some of the flashiest
World Freestyle Association professionals. Riders can perform tricks and
combos as freestylers like Carey Hart, Trevor Vines and Mike Jones or race
as top names including Ricky Carmichael, Mike LaRocco and Kevin Windham.
THQ also has existing deals to feature licensed events and tracks including
THQ's own title-sponsored event -- the THQ US Open. The Outdoor National
Championships, Loretta Lynn's Amateur Nationals and the Free Ride Moto-X
Championships will also be key events in ``CMX 2002 featuring Ricky
Carmichael."
Showcasing high-resolution graphics, the ability to feature up to eight
riders on the screen at once, 20 licensed tracks, a robust freestyle mode,
real freestyle events, real amateur races, authentic equipment upgrades and
actual motocross sponsors, ``CMX 2002 featuring Ricky Carmichael" clearly
has the ``holeshot" over the competition.
3DO Ships Army Men: World War - Final Front for the PlayStation
The 3DO Company announced that it has begun shipping the Army Men: World
War - Final Front game for the PlayStation game console. The Army Men:
World War - Final Front game is the follow-up to the latest and popular
Army Men: World War - Land Sea Air game and the final episode for the
PlayStation game console in the highly successful Army Men: World War
series.
The Army Men: World War - Final Front game finds Tan forces on the move
again, prompting the Green military juggernaut to spearhead a global
assault against enemy installations located in a wide variety of settings
including underwater, desert, mountain range, and more. A feature new to
the Army Men: World War series, you are handed total control to numerous
war vehicles such as tanks, submarines, and assault rafts. Combat reaches a
fever pitch during 15 solo and 16 two-player missions that see commanders
delve deep into enemy territory. Thanks to a re-designed boot camp tutorial
with skills ranging from weapon proficiency, vehicle maneuvers, and battle
techniques, even rookies will be able to fight alongside veterans. The
multiplayer mode has also been enhanced to extend the replay value to an
all new high. With new features like Co-op, Grudge Match, and Steal the
Bacon, as well as a groundbreaking, comprehensive two-player editor it's a
new battle every time!
=~=~=~=
A-ONE's Headline News
The Latest in Computer Technology News
Compiled by: Dana P. Jacobson
Case Against Microsoft Questioned by Court
An appeals court on Monday raised doubts about the U.S. government's case
against software giant Microsoft Corp. and criticized the trial judge who
ordered the break-up of the company. In the first of two days of oral
arguments before the U.S. Court of Appeals, the seven-judge panel
interrogated lawyers for both sides, but reserved most of its skepticism
for the government.
The judges, seated beneath four marble statues in the cavernous ceremonial
courtroom, questioned the underlying logic of case against Microsoft,
saying the destruction of its monopoly may just lead to another firm
dominating the market. ``You're going to replace one monopoly with another
if you're right," appeals court chief judge Harry Edwards told government
lawyers.
Edwards also took the unusual step of complaining about some of the fact
findings of the trial judge in the case, U.S District Court Judge Thomas
Penfield Jackson.
Jackson's findings branded Microsoft an abusive monopolist and led to
his break-up order against the company. But Edwards said in court that
some of them did not appear to be supported by evidence presented during
the trial.
``When I find factual findings, and there's no citation, I don't think
my obligation as an appeals court judge is to defer to them," Edwards
said. ``It's got to be supported by something other than the statement
of the District Court."
The appeals court, which may take several months to rule, spent nearly
three hours hearing arguments over whether Microsoft illegally maintained
its monopoly in personal computer operating systems by crushing a rival
Web-browser made by Netscape.
Microsoft, the world's largest software company, has already said in
written filings that its behavior was lawful, the lower court judge was
biased and the breakup remedy radical and inappropriate.
But the U.S. Department of Justice and 19 states argue the findings of
District Court Judge Thomas Penfield Jackson should stand, citing evidence
presented during 78 days of trial.
Legal experts present in the court said they had expected the government
to come under fire from conservative judges on the panel but the attack
by Edwards was significant.
During the morning session, the judges' questions ``did much more damage
to the government than they did to Microsoft," said Robert Lande, a law
professor at the University of Baltimore who attended the session.
Attorney Richard Urowsky, opening for Microsoft, told the seven-judge
panel that the entire case was undermined by the widespread availability
of Netscape's browser which the lower court found Microsoft had tried to
eliminate as a competitive threat.
``Nothing Microsoft did foreclosed Netscape from any portion of the
marketplace," Urowsky said.
Microsoft took some pointed questions on the logic of its own arguments
on Netscape. On the one hand it has argued that Netscape was a competitor
but on the other it has also said it presented no threat as an alternative
platform or ``middleware" to the Windows operating system.
At one point, Edwards challenged Urowsky to come up with a good reason
why the company refused to let computer manufacturers remove its Internet
Explorer browser. The practice, he said, "certainly looks predatory."
Department of Justice attorney Jeffrey Minear, meanwhile, had to contend
with an even bigger barrage of questions from Edwards and Judges Stephen
Williams, Raymond Randolph and Douglas Ginsburg about whether the market
naturally tended toward a single, dominant standard.
Minear said the government case was ``all about allowing the competitive
process to determine who will be the winner in the market."
But the chief judge pressed Minear on whether the winner would be a
monopoly. ``You don't seriously assume that you have competing
middleware operations, do you?" asked Edwards.
``I can't say that it's inconceivable that a situation could arise where
there would be..." Minear answered before Edwards cut him short with:
``You haven't argued that."
The judges also asked Minear how Microsoft's attack on Netscape could
have been aimed at maintaining its monopoly when Netscape's own chief
executive testified that his company never intended to compete with
Windows.
Had Netscape really been shut off from the marketplace, they asked,
government attorney John Roberts, when documents said consumers had
downloaded millions of the company's browsers over the Internet?
During the afternoon, the arguments moved on to the government's claim
that Microsoft illegally tied its Internet Explorer browser into Windows
98 in order to destroy Netscape.
Urowsky stuck to Microsoft's long-held argument that integrating the
browser into Windows benefited consumers by allowing the software to
work seamlessly together.
``It may give benefits, but the question is why force people to take it,"
Roberts responded.
Edwards and Williams expressed doubts about the government's argument
again. They questioned Jackson's finding that Microsoft had actually
harmed consumers by refusing to let computer makers remove Internet
Explorer.
In particular, Edwards asked Roberts for evidence to support Jackson's
contention that some consumers wanted to buy copies of Windows without
any browser.
Legal analysts said afterward that it's not surprising that the government
came under tougher scrutiny. Like an army that has conquered a lot of
territory, ``It's got a lot of ground to defend," said William Kovacic, a
professor of antitrust law at George Washington University.
Kovacic said the government attorneys will have to try to come up with
answers for some of the questions tomorrow or risk losing large pieces
of its case. If the ruling is substantially pared back by the appeal
judges, analysts say that might lead antitrust enforcers in the new Bush
administration to seek a settlement.
On Tuesday, lawyers will debate the government's charge that Microsoft
used its dominant position to attempt to monopolize the Internet browser
market, and whether the court should uphold Jackson's decision to split
the company in two. Finally, the judges will hear arguments over
Microsoft's assertion that Jackson was biased against the company and
conducted the lower-court trial unfairly.
Judges Voice Doubt on Order Last Year to Split Microsoft
The government suffered a second difficult day of questioning in its
Microsoft antitrust case today when a Federal appeals court cast doubt
about a judge's order last year to break the company in two.
Most of the seven judges on the appeals panel posed tough questions to a
Justice Department lawyer about the justification for the breakup, noting
in particular that the only companies ever broken up in the 111-year
history of the Sherman Antitrust Act had been formed through mergers and
acquisitions.
In Monday's arguments, the judges expressed deep skepticism about the
government's central theory - that the company illegally maintained a
monopoly in computer software. With today's comments, the judges cast
fresh doubt that the order by Judge Thomas Penfield Jackson would survive
the appeals court's review.
In three hours of oral arguments today, the judges of the United States
Court of Appeals for the District of Columbia Circuit, pilloried Judge
Jackson for granting interviews with the news media, including The New
York Times, before the case was completed.
Microsoft has said the judge's comments, which were critical of the
company, its lawyers and one of its founders, William H. Gates, showed the
judge was biased and provided a reasonable ground for vacating his
judgment. Among other things, Judge Jackson also criticized a three-judge
panel of the appeals court in an earlier related proceedings, saying that
the judges had "made up 90 percent of the facts on their own."
Today, the appeals judges responded in kind, accusing Judge Jackson of
blatantly violating a judicial canon that restricts judges from commenting
about pending cases. One after another, the judges attacked the comments
Judge Jackson made to reporters.
From Chief Judge Harry T. Edwards: "There are lots of things that we think
and feel about advocates and parties during the course of a proceeding.
That doesn't mean that we're entitled to say, because those feelings
developed during the course of a proceeding, we're going to run off our
mouths in a pejorative way, because there is an appearance problem. We
don't do it for that reason. And the system would be a sham if all judges
went around doing this."
From Judge Stephen F. Williams, referring to a statement Judge Jackson
made comparing drug gangs to Microsoft for, he said, continuing to create
evidence of wrongdoing even after coming under investigation: "He chose a
particular metaphor Metaphors are very powerful. And the metaphor he chose
was the one best devised, that you could imagine, except possibly the
Holocaust, to indicate that Microsoft was beneath the pale, beyond the
pale."
From Judge David B. Sentelle: "If you're a member of the public and you're
trying to decide or you're forming an impression as to whether the judge
is biased or not, what possible legitimate reason could you assign to a
judge's going to media reporters and making derogatory comments about the
parties to a lawsuit that had been tried in front of him, unless the judge
were biased against him?"
Government lawyers made little effort to defend Judge Jackson's comments
but sought to contain the damage that the comments had done to the case by
trying to persuade the appeals court that there was ample independent
evidence to support breaking up the company.
Under Judge Jackson's order, Microsoft would be broken into separate and
competing companies, one for its Windows operating system and one for its
other computer programs and Internet businesses. It would also be forced
to comply with a long list of restrictions on its conduct lasting three
years if the breakup order withstood appeal, and 10 years if it did not.
The order was stayed during appeals.
The appeals court has said it will act quickly, but has not said when it
will hand down its decision. After articulating broad principles of law,
the court is likely to send the case back to the district court.
It now seems clear that at the very least, the appeals court will assign
the case to a judge other than Judge Jackson after it is through reviewing
it. But a few of the appeals judges suggested today that Judge Jackson's
comments may do significantly more to damage the government's case,
prompting the appeals panel to reverse a number of his factual findings on
the ground that he was biased.
"If we do not indulge the presumption of impartiality on the part of the
finder of fact, then it's no longer rational to subject it to that lax a
standard of review," Judge Sentelle said. "If there are disputed questions
of fact, why is the one chosen by the trier of fact entitled to deference
any more, if he's not an unbiased finder of fact?"
Throughout the oral arguments, there were clear signs of which side the
appeals panel had found more persuasive. At one point in the arguments,
Microsoft became so confident that it took the unusual step of
surrendering the remainder of the time it had to challenge the findings
that it had tried to monopolize the market.
And later in the day, the judges asked for only minor clarifications of
the presentation by a second Microsoft lawyer who was complaining about
the breakup order. They allowed the lawyer to read virtually uninterrupted
for nearly a half-hour from his argument that Judge Jackson had failed to
give the company ample opportunity to present its case.
"In an abrupt reversal of position, the district court elected to enter
sweeping relief requested by the government without affording Microsoft
any process whatsoever," said Steven L. Holley, a lawyer representing
Microsoft. "That was a clear abuse of discretion."
"As a result of the district court's rush to judgment, Microsoft was
denied even the opportunity to cross-examine the six government experts
whose declarations were offered in support of the decree," Mr. Holley
said. "Relying on those hearsay declarations, plus more than 50 new
exhibits that were never admitted into evidence, the district court
proceeded to enter one of the most complex and comprehensive decrees in
the history of the Sherman Act. No account was taken of the grievous harm
that this decree would inflict on Microsoft and on a wide range of third
parties."
But to David C. Frederick, a lawyer in the Solicitor General's office who
had the task of defending the breakup order, the judges were unrelenting.
They suggested to the Justice Department that at the very least, the lower
court should have held a hearing to present more evidence before ordering
the breakup of Microsoft.
Mr. Frederick told the judges that Microsoft should have been on notice
that it faced a possible breakup because of the way the government had
framed its complaint, but that argument appeared to have little sway with
the judges.
"If a defendant has a right to an evidentiary hearing on a remedy because
there are contested issues of fact, what difference does it make if the
defendant was aware of the possibility of that form of relief?" asked
Judge David S. Tatel. Moments later, Judge Edwards and Judge A. Raymond
Randolph, pressed Mr. Frederick further to show the propriety of Judge
Jackson's decision to have issued such a sweeping order without at least
giving the company a chance to argue against it.
"The question that's being raised," Judge Douglas H. Ginsburg added, "is
whether a company that has not grown through combinations can be
perforated along a line proposed by the government without a hearing into
the problems that might create."
Mr. Frederick replied: "I can cite you no case, Judge Ginsburg, for that
proposition. What I would like to say, though, is that I'm not aware of a
case in which a company has grown and protected its monopoly through the
range of anticompetitive acts that were proved at trial in this case,
ranging from contractual and technological bundling, from paying bounties
so that competitors' products would not be permitted in the marketplace,
from threatening companies with the nonlicensure of products if they did
not stop competing with the monopolist's other products."
"And so, yes, it's true, Judge Ginsburg, I cannot cite you a case in which
a monopolist has been broken up by the government," Mr. Frederick
continued. "Nor can I cite you a case in the history of the Sherman Act in
which a company has engaged in the full range of anticompetitive conduct
proved at trial."
But Judge Ginsburg, a former head of the Justice Department's antitrust
division, appeared unsatisified with the response, noting that even the
remedy that Judge Jackson approved did not seem to resolve the problems
that the government and the judge had identified in the first place.
"Stranger, still, even after the remedy, Microsoft retains the monopoly,"
the judge observed.
As Microsoft concluded two days of oral arguments today it had reason for
significant hope that it would be able to turn the case around. Even a
partial victory may be enough to prompt the Justice Department under a new
administration to seek a quick resolution of the case.
But less certain is how the 19 states that also brought suit against the
company will proceed.
The states have shown their willingness to pursue the case independently
of the Justice Department, and in fact, were the primary force refusing to
agree to the proposed settlement being hammered out last year, before the
judge's order. Those talks, between the Justice Department and Microsoft,
were mediated by Chief Judge Richard A. Posner of the United States Court
of Apeapls for the Seventh Circuit in Chicago. The proposed settlement was
shot rof a breakup, but it did place restrictions on Microsoft.
Napster Seeks Full Court Press
Officials at Napster say they want a full U.S. appeals court to review
this month's decision by a three-judge panel that could shut down the
popular song-swapping service.
The company filed papers Friday in the U.S. Court of Appeals for the Ninth
Circuit in San Francisco, California, saying the injunction against the
company was too broad and violated its rights to free speech.
The filing comes less than two weeks after the three-judge panel found
that Napster could be held liable for copyright infringement for allowing
users to swap songs on the service. The judges also found that the
injunction that would effectively shut down the company was justified and
necessary.
In a statement posted to the company's Web site, Napster officials said
they filed the petition because the original order violated the Digital
Millennium Copyright Safety Act in that it did not take into account the
law's safe harbor provisions.
For the injunction to be proper, the court should have specified any
potential copyright infringements, the company argued.
Napster officials contended that the decision against the company would
slow the development of new technology and violate a similar,
precedent-setting U.S. Supreme Court decision that said the manufacturers
of videocassette recorders could not be held liable if people used them to
tape copyrighted broadcasts.
The court's injunction is improper because "an overbroad injunction that
limits authorized uses in addition to unauthorized uses violates the First
Amendment's requirement that restrictions on speech be narrowly tailored,"
Napster officials added.
Instead of shutting down the service, Napster said: "A compulsory royalty,
rather than an injunction, would be the proper means to harmonize rights
holder protection with promotion of new technologies used for
non-commercial copying."
The San Francisco appellate court has 25 judges who could be eligible to
vote on the Napster case. If even one of the judges calls for a vote to
hear the case, that vote must take place. A majority of judges must vote
to grant a re-hearing.
If the judges do agree to hear the case, a total of 11 judges, including
the appellate panel's chief judge, would sit in what is known as an "en
banc" hearing. The panel could agree to hear oral arguments and request
that lawyers for Napster and the record industry file new briefs before
the oral argument takes place.
Napster said that a request for a vote could happen any time during the
next three to seven weeks, and, once a vote is requested, it could take
place during the next six weeks.
Company officials have not said whether they would take the case to the
U.S. Supreme Court if the appellate division declines to hear the appeal.
Napster's appellate filing comes at the end of a busy week for the online
song-swapping company.
Last week, Napster offered a US$1 billion, five-year deal to the recording
industry if its major players agreed to allow Napster users to swap
copyrighted songs. The offer has apparently fallen on deaf ears.
Napster will remain open for business until at least March 2nd, when Patel
will hold a separate hearing to define the terms of the injunction.
Patel originally ordered the injunction last July, but the appellate court
postponed the ruling.
Napster officials said Friday's filing is not related to that March 2nd
hearing.
Napster's Pledge to Block Songs Triggers Frenzy
Napster's pledge on Friday to begin blocking access to some one million
copyrighted music files immediately triggered panic among users of the
wildly popular online song-swap service as days of free-for-all downloading
appeared to be nearing an end.
``Oh my god! I'd better finish downloading," said one Napster devotee.
Lawyers for the Redwood City, Calif.-based company launched a last-minute
gambit for corporate survival in a hearing before U.S. District Judge
Marilyn Hall Patel, who is drafting the injunction which many music fans
fear may unplug Napster for good.
Traffic on Napster was high during the hearing, which lasted about 2-1/2
hours. Napster has attracted about 60 million users who swap songs for free
by trading MP3 files, a compression format that turns music on compact
discs into small digital files.
Shortly after Friday's announcement, more than 10,000 users were sharing
close to two million music files on just one of Napster's dozens of
computer servers -- swapping everything from Beatles hits to obscure
bluegrass mandolin pieces in an effort to build up their libraries.
``I'm sure that Napster usage will be very high this weekend and it will be
interesting to see the cat-and-mouse games as users try to get around the
blocking schemes," said Malcolm Maclachlan, analyst with technology
tracking firm International Data Corp..
``The main effect will be to grow usage on other peer-to-peer networks like
Aimster and Gnutella," he said.
Users of the service have known the system -- as they know it -- faces
extinction since the company was dealt a blow on Feb. 12 by a three-judge
panel from the appeals court.
The panel ruled that Napster could be held liable for copyright
infringement and that Patel's injunction, ordered originally in July, was
not only warranted but required.
The appeals court had put a stay on Patel's injunction in July to review
the matter further.
Many people were downloading this week in anticipation of Patel's hearing.
``My sense is that people in the last few days were getting everything they
wanted," Maclachlan said.
In its February ruling -- a victory for the recording industry -- the
appeals court panel ordered Patel to modify the injunction requiring the
record labels to identify which of their copyrights were infringed on
Napster.
The hearing on Friday consisted largely of discussion about how Napster
would screen its system.
``It is left to me to fashion an injunction that makes sense based on what
I've heard," Patel said after more than two hours of argument from lawyers
representing both Napster and the Recording Industry Association of America
(RIAA), which has sued the online service for widespread copyright
violations.
Patel gave no indication on when she might issue her new injunction,
although court observers do not expect a long wait.
At Friday's hearing, Napster's lawyers said the company was racing to
develop new software to filter out copyrighted material and hoped soon to
reach agreement with the recording industry on how to identify such
material.
``We have come considerably closer together on the issue of an
injunction," attorney David Boies said. ``Sometime this week we will have
completed the software implementation so that these file names will be
blocked."
Boies said that, as a start, Napster would begin blocking access to some
one million copyrighted music files over the weekend -- the first step in
what officials hope will be a new model under which Napster will be allowed
to police itself.
``This screen will start sometime this weekend," Boies said, adding that
additional titles would be added to the blocked list as quickly as
possible. Lawyers for the recording industry said they had already
submitted a list of some 5,600 song titles -- each of which could account
for a vast number of separate files on the Napster system -- to be targeted
for blocking.
The recording industry lawyers also urged Patel not to delay issuing her
injunction in hopes that Napster will somehow devise a technical solution
to its legal problem.
The world's biggest record labels -- including Vivendi Universal's
Universal Music, Sony Music, Warner Music, EMI Group Plc and Bertelsmann
AG's BMG first sued Napster in December 1999, calling it a haven for piracy
that would cost it billions of dollars in lost music sales.
Online Business Leaders Duck U.S. Privacy Workshop
Executives of companies that routinely use personal information collected
from sometimes unsuspecting online consumers are more than a little
sensitive when asked to give such personal data themselves, according to
an Internet privacy advocacy group.
The online privacy rights group Junkbusters sent letters to more than 50
corporate executives, including AT&T CEO Michael Armstrong, Compaq Computer
president Michael Capellas, Michael Dell of Dell Computer, Ford Motor
Company president Jacques Nasser, IBM chairman Louis Gerstner and Intel
Corp. CEO Craig Barrett, asking if they would mind having themselves
profiled for an upcoming U.S. Federal Trade Commission workshop.
The result: a resounding No. All the numbers aren't in, said Junkbusters
president Jason Catlett, but the overall response has been overwhelmingly
negative.
"It's been very interesting getting their responses," Catlett said. "Some
of them are really horrified at the prospect of their profiles actually
being seen by somebody. What I've seen coming out of this is that their
concern for privacy is remarkable."
The FTC workshop, called The Information Marketplace: Merging and
Exchanging Consumer Data, is scheduled for March 13th, with the goal of
focusing discussion on consumer profiling. Catlett said letters were sent
to executives who are prominent in the public privacy debate and who might
be likely to attend the workshop.
The group explains to the invitees that it intends to seek information from
a variety of commercial sources about a number of known individuals in
order to "provide more accurate and specific answers" to FTC workshop
questions.
"This letter asks you to indicate your disposition towards the collection
of personal information about you and its dissemination to the public for
discussion at the workshop," the letter says.
Recipients of the letter were told that the data to be gathered will be
used primarily for marketing purposes. It includes information such as
income and education level, criminal records, affiliations with political
and religious organizations, magazine subscriptions, psychographic and
lifestyle data, and clickstream data such as URLs viewed, IP addresses and
search queries.
Junkbusters said its list of sources has not been finalized, but presented
a representative sampling of the types of companies from which it expects
to collect information such as Amazon, AOL Time Warner, DoubleClick's
Abacus Direct Division, Equifax's National Demographics and Lifestyles,
Microsoft and Martha Stewart Living Omnimedia.
The FTC reported to the U.S. Congress in June and July, 2000 on its
investigations into online profiling, where companies collect personal data
and form detailed profiles on users as they surf the Web. The information
is used for the purpose of sending targeted online advertising.
Now, the FTC says, it wants to explore how the profiles, which may include
identifying information, personal preferences and buying habits, are
created and used by entities other than third-party Internet advertising
networks.
Specifically, the government group will "consider whether and how consumer
profiles are created through the merger and exchange of data between
companies, regardless of whether the data at issue is collected or used
online or offline, and how such profiles are used commercially."
Areas for discussion include how such practices affect consumers, what kind
of new technologies are in development and whether they include privacy
protections, and the types of notices consumers are given by companies
involved in data merger and exchange activities.
The FTC also hopes to explore how business purposes are served by the
creation of profiles through the merger of a company's internal information
about consumers with information obtained from third parties.
The event is scheduled to be audiocast live on the Internet.
EBay Monitors for Copyright Woes
EBay has been removing auction items from its Web site to prevent copyright
infringement, responding to pressure from software makers and intellectual
property interests.
The company screens software, movies, music and other copyright content and
has removed an average of 12 listings each day in software alone since it
began in December. The company uses software to identify ``red flags" of
potential copyright infringement, then employees examine potentially
offending listings to determine if they should be removed.
The software industry's antipiracy trade group and manufacturers of
copyright products, such as
Microsoft Corp., pushed for the change. The
online auctioneer had been reluctant to monitor auction listings because it
could be held responsible for preventing all copyright infringements -
which eBay said it cannot guarantee.
But eBay officials said Wednesday that recent settlements in lawsuits
dealing with intellectual property rights support their position that the
company isn't liable for the content of auction listings.
A Superior Court judge ruled eBay cannot be sued for allowing people to
sell bootlegged audio recordings on its Web site last November, and a San
Diego judge dismissed a $100 million class action suit against eBay last
month, saying the company was not liable for the sale of phony sports
memorabilia.
``We realize the concerns that intellectual property rights owners have
with infringing items," said eBay spokesman Kevin Pursglove. ``There's now
legal foundation that demonstrates that eBay is not liable for merchandise
on the site."
EBay joins other online auctioneers that have felt the pressure from
software companies to do a better job of monitoring the millions of auction
listings for copyright infringements.
Yahoo! Auctions started monitoring listings in January, in addition to
using software to automatically identify potential copyright infringements.
Amazon.com has also expressed support for prohibiting postings that
infringe on intellectual property rights.
The move by eBay could help the industry tackle the problem simply because
of its reach, with 2.6 million unique visitors and $1.6 million in sales
daily, said Dale Cendali, chair of New York-based law firm O'Melveny &
Myers' intellectual property practice group.
``Someone like eBay is in a position to really nip it in the bud," Cendali
said.
The monitoring system is run by eBay's Verified Rights Owner Program to
protect intellectual property. The program is staffed by 15 full-time
employees, and for software sales alone, the company has two full-time
lawyers devoted to fraud prevention, as well as a software-industry liaison
and a special e-mail queue for industry complaints.
As much as 90 percent of software sales on online auctions involve
counterfeit or pirated products, according to the Washington-based Business
Software Alliance, an industry watchdog group.
One of the problems is making piracy rules and penalties known to Internet
auction users.
``A lot of people simply aren't aware of a trademark or a copyright that
applies to a particular type of merchandise and they think they can sell it
at will," Pursglove said.
Bob Kruger, the alliance's vice president of enforcement, said eBay's
monitoring is a step in the right direction to alleviating the enormous
problem. Someone who is caught posting an item that violates intellectual
property rights receives an e-mail message with links to eBay's rules.
Repeat offenders could have their accounts suspended or terminated.
It remains to be seen how effective monitoring systems will be in tackling
copyright infringement.
``Until we see the problem resolved, the software industry is going to keep
pushing for every step possible, right up to and even including a ban on
software sales, if we can't accomplish our goals by other means," Kruger
said.
EBay also has a policy of prohibiting the sale of anything recorded on a
blank compact disc, and it stops sales of certain types of DVD players and
gaming equipment that can be used with illegally copied media.
eBay Anti-Spam System Blocks Legitimate Bids
Due to an anti-spamming system launched by eBay last week, some sellers are
finding it tougher than ever before to make a sale on the Internet auction
site.
The software that eBay developed over months and installed at an
undisclosed cost last Wednesday to filter junk mail -- a problem plaguing
eBay community members -- apparently also blocks legitimate offers from
potential buyers to sellers.
eBay spokesperson Kevin Pursglove told NewsFactor Network that the company
has been actively working on a solution to the problem since receiving
complaints at eBay's customer service center.
"This evening or tomorrow at the latest, we'll have the problem solved,"
Pursglove said Wednesday.
In the meantime, eBay intends to keep the anti-spamming software in place.
"They really should have 'fixed it' before they rolled it out," Rick
Gagliano, editor of Internet auction Webzine Downtown, told NewsFactor.
"Users are overwhelmingly opposed to it -- like 90 percent."
However, Pursglove told NewsFactor that fewer than 300 users complained,
although several hundred thousand pieces of e-mail are processed by eBay's
customer support center each week.
"That's a relatively small amount. Nevertheless, if it were just 10 or 15
[users], we would still do what we could on our end to help," he said.
Pursglove said that the two main inconveniences caused by the new junk
mail filter are actually on the side of users' ISPs or users' own junk
mail filters. "Either the e-mail [that users] are expecting gets bounced
to their delete file as spam, or some [users] have modified their own
[anti-spamming] software, which has opened them up to junk mail,"
explained Pursglove.
Many eBay users are angry not only about missing mail and lost sales, but
also because they feel that their opposition to the new e-mail system was
not acknowledged by eBay.
"We told them about this beforehand on discussion boards, especially
eBay's Discuss New Features Board. People are really tired of changes that
limit their ability to do business on eBay," Gagliano said.
The new e-mail system was designed to allow users to contact each other
directly through eBay's system without learning the e-mail addresses of
bidders and sellers. That, eBay said in its announcement of the launch,
would help block spam.
However, it would also prevent users from contacting each other off-site
to circumvent paying fees to the auction giant.
E-mail controversy is not entirely new for eBay, which received public
complaints after it reset mail preferences for millions of users last
December. The changes effectively signed users up to receive unsolicited
e-mail. Chat boards at the time reflected users' complaints, and auction
guilds encouraged members to report the violation.
On the whole, February has been a long month for eBay, marked by sporadic
outages and slow searches. Between February 19th and 22nd, the company
experienced dozens of garbled returns, instances of auction pages not
opening, and a temporary crash at about 6 p.m. EST on February 19th.
eBay also suffered through an 11-hour outage in early January.
Hacker Gets Hold of Top Secret U.S. Space Codes
An unidentified computer hacker has got hold of top secret U.S. computer
system codes for guiding space ships, rockets and satellites, a lawyer in
Sweden said Friday.
Computer experts raided the offices of an information technology company in
Stockholm last month and found a copy of the source codes for the software
program OS/COMET developed by U.S. firm Exigent Software Technology, Johan
Starell, legal counsel for Exigent in Sweden, told Reuters.
A source code contains full details of how a software program works.
OS/COMET has been deployed by the U.S. Air Force on the NAVSTAR Global
Positioning System (GPS) Colorado Springs Monitor Station, Exigent said in
a statement in December.
The suspected source codes theft, carried out remotely over the Internet on
Christmas Eve last year from the U.S. Naval Research Laboratory in
Washington D.C., was detected on December 27.
The U.S. Federal Bureau of Investigation (FBI) was put on the case. The
trail led to Freebox.com, an Internet Web server run by the Swedish IT
company Carbonide, Starell said.
``A stolen source code was found on their server but nothing indicates they
had anything to do with getting it there," Starell told Reuters.
Analyses of the Carbonide server accessed by the hacker known only by the
username ``LEEIF" showed that the perpetrator had been able to hide his or
her true identity by breaking into the account of a genuine Freebox.com
client and using that person's Internet account.
``We couldn't get any further information about where it came from or find
out if it had been copied and sent elsewhere," he said.
``Sweden seems like a closed chapter. We can't get any further here," he
added.
The OS/COMET source code could be used by terrorists to disturb computer
systems guiding various space programs or it could have been stolen in
industrial espionage for commercial advantage, the Swedish tabloid
Expressen reported.
Ad Banners Seek Home On ICQ
ICQ, the popular instant messaging service owned by AOL Time Warner's
America Online, has quietly begun testing ways to add advertising banners
onto its software.
Beginning last week, some ICQ members began noticing new banners that
stretched across the lower portion of their message boxes. The banners are
instructional areas that link to ICQ Web pages offering tips and tutorials
of its service. However, they make ICQ the latest IM service to lay a
groundwork on prime real estate for advertisements.
"We've always said that we are going to monetize the service so that it's
beneficial to our users. So yes, we are," an AOL representative confirmed
when asked if the company plans to launch third-party advertisements. No
time frame was given.
The instructional blurbs can be found on the lower portion of an ICQ
member's dialog window, which appears when sending instant text messages
to other ICQ members. Only some users of ICQ's latest version, ICQ2000b,
are affected.
AOL has sold ad banners throughout ICQ's Web site since acquiring the IM
service in June 1998. But the company has so far stopped short of selling
advertising on ICQ's IM interface. Adding ad banners marks the latest
attempt from the online giant to develop a wider audience that it can
offer its prized advertisers.
Instant messaging has become one of the most popular features created for
the Internet. It lets members of the same service communicate using
instant text messages to one another. People can also swap files or use
other software applications through an IM service, leading many tech
heavyweights such as Microsoft and Yahoo to put considerable attention on
it.
AOL has always touted ICQ's large population of younger, more international
members compared with its other services. ICQ has 88 million registered
members, while its counterpart, AOL Instant Messenger (AIM), has 84 million,
according to a January earnings release.
AIM has already added third-party ad banners on its service, and the IM
service run by rival Yahoo has pasted banners into its conference windows.
But many have been skeptical of the profit potential of instant messaging.
Despite the popularity of instant messaging, many analysts have questioned
whether advertising on the service would turn away people or simply be
ineffective.
Already, a site called AdBusters has launched a guide dedicated to turning
off the banners. This guide includes a step-by-step tutorial for finding
and changing the banner controls.
The guide has the potential to become popular; some longtime ICQ members
that are affected by ad banners already have begun expressing concern that
their visual real estate is being taken over by corporate interests.
"The thing I dislike is that the banner ads 'magically' appeared on my
system, and I didn't change any of my settings or download an update," ICQ
member Matt Geary wrote in an e-mail. "In the 5 years I've used ICQ, this
is the first time anything has truly annoyed me, and I consider it a major
annoyance."
Online Ads Need to Get Bigger, Trade Group Says
Web surfers will soon find many sites with online advertisements that are
bigger and -- sponsors hope -- harder to ignore after a trade group set
voluntary standards on Monday for larger Web ads as Internet media
companies try to combat slower online ad spending.
The standards reflect the growing belief that online advertising needs
to be reinvented as Internet companies examine marketing expenses against
the backdrop of Wall Street's calls for profits. The online advertising
industry is also trying to convince more traditional advertisers to venture
online.
``The goal of the Ad Unit Task Force is to help publishers, advertisers
and their agencies make the Internet a more effective marketing medium,"
said Richy Glassberg, vice chairman of the Internet Advertising Bureau
(IAB) and Phase2Media chairman and chief executive.
``We believe that their wide adoption will create a more effective medium,
for cohesive branding and direct marketing campaigns."
Amid growing dissatisfaction with traditional banner ads, the bureau set
out guidelines for seven new ad units. There are two vertical units and
five rectangular horizontal units -- all larger than the banner ads that
have become familiar to Web users.
Members of the bureau, including AOL Time Warner Inc.'s AOL, Yahoo Inc.,
DoubleClick Inc. and ExciteAtHome Corp., hope the bigger ads will
re-energize the online advertising industry.
Web sites have been looking for ways to become more attractive to
advertisers, who have been disappointed with response rates to Internet
banner ads. The bulked-up Web ads will take up much more space on a Web
page than current banner ads, which typically run across a narrow section
at the top of a page -- 234-by-60 pixels for a half banner or 468-by-40
pixels for a full banner. The larger units include a square pop up that is
250-by-250 pixels and a so-called ``skyscraper unit" that measures
120-by-600 pixels. Larger ads will also allow marketers to make their
online message more creative and more interactive.
Several Internet media companies have already embraced larger ads,
including technology news provider CNET Networks Inc. said earlier this
month that such ads would also be appearing on its Web sites. Walt Disney
Internet Group has also been using larger ads.
The guidelines for some of the new units may require publishers to
redesign parts of their Web sites, Glassberg added.
While it's good that publishers are experimenting with new types
advertising, Jupiter Media Metrix analyst Marissa Gluck said the new
units may be missing the point.
``The strength of the Internet is not creative. It's never going to be
able to compete with TV or magazines. The strength is (its ability) to
target segment audiences and show or demonstrate a return on investment,"
Gluck said. ``Bigger doesn't mean better."
The Internet research firm expects 19 percent of online advertising to
be comprised by ads rich in multimedia content such as graphics and music,
such as some of the bigger units of advertising already seen on some
publisher's sites such as CNET.
Internet Users Want it All - For Free
While Internet and off-line media giant AOL Time Warner and others are
building on a strategy that more subscribers will lead to increased sales
for related properties, a recent survey shows that a vast majority of Web
users want it all for free.
Whether it's the latest music, videos or information, most Internet users
in the United States think they should have free access to everything on
the Web, according to the online survey by the Consumer Electronics
Association (CEA), which represents about 625 industry-related companies.
Besides not wanting to pay for content, the survey also said that 92
percent oppose paying taxes for Internet access, and 75 percent don't want
to pay sales tax on online purchases.
This attitude could derail the strategies of a number of large companies
such as AOL Time Warner, which hopes to drive users to lucrative
pay-per-view content such as movies and rock concerts.
More than three-quarters, or 77 percent, of those who responded to the
survey by the Arlington, Virginia-based CEA oppose fees of any kind for
downloading information, pictures, audio files and games.
"This survey underscores that we are on a collision course between
intellectual property owners who want consumers to pay by the bit for
access and consumers who want free access," said Gary Shapiro, president
and chief executive officer of CEA.
CEA's "Digital Download" survey was conducted online on a sample of 1,812
U.S.-based adults earlier this month. Of those surveyed, 89 percent said
they had downloaded multimedia content and information in the past year.
AOL, for one, is betting its future on expanding an already huge online
subscriber base so that the company can direct users to its large holdings
in other media properties, ranging from music to films.
"The company believes it has a gold mine just waiting to be tapped,"
analyst John Corcoran of CIBC World Markets told NewsFactor Network. "As
long as AOL continues to grow its dial-up business, it thinks users will
naturally want to buy some of the other products."
Napster, the Redwood City, California start-up that offers free music
downloads on its site, hit a sour note earlier this month when a U.S.
court ruled it has been operating in violation of copyright laws. The
company has offered a settlement to the five biggest record companies of
about US$1 billion, which most analysts don't think will be accepted.
The company claims to have 64 million members who have been downloading
music for free -- which seems to be the most popular method of drawing
users to a site -- creating headaches for online firms hoping to record a
profit.
But the CEA survey also carried some potentially good news for AOL and
others. It said many of the users who want everything for free also claim
they will buy such products as music, videos, books, games and software --
if the price is right.
The survey showed that online households that can download items from the
Internet onto their hard drives increased their purchases of similar items
online, through the mail or at a store.
If users can sample content on the Internet for free, most say they are
even more likely to make a purchase. In the case of online music, 33
percent say they will buy more music if they can sample it online,
justifying the strategy of numerous recording artists who preview their
songs on the Internet.
Whether this attitude can translate into enough sales to satisfy online
content providers and the artists themselves remains to be seen.
=~=~=~=
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