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Atari Online News, Etc. Volume 04 Issue 51
Volume 4, Issue 51 Atari Online News, Etc. December 20, 2002
Published and Copyright (c) 1999 - 2002
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
Thomas J. Andrews -- "Keeper of the Flame"
With Contributions by:
Kevin Savetz
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=~=~=~=
A-ONE #0451 12/20/02
~ MS Owes Lawyer Fees? ~ People Are Talking! ~ More MS Case Appeals
~ Russian Firm Cleared! ~ AOL Granted IM Patent! ~ Virus Guilty Plea!
~ eBay Sues eBaytoo.com! ~ Student Nabs eBay Cheat ~ SuperFly Released!
~ Connect 2 Fraud Charge ~ Video Games TV Awards! ~ 'Iraq Oil' Worm!
-* New Netscape Stops Pop-Ups! *-
-* AOL Awarded $7 Million In Spam Case *-
-* Student Helps Cops Nab Alleged eBay Crook! *-
=~=~=~=
->From the Editor's Keyboard "Saying it like it is!"
""""""""""""""""""""""""""
So, everyone have their holiday shopping done yet? I do, with almost two
weeks to spare! My "new" desk should have arrived yesterday, but the truck
that was delivering it had some mechanical problems - the tailgate lift
died. So, by the time this week's issue hits the streets, the desk should
be here. It will probably still be in four pieces, but at least it will
finally be here. Guess I have my weekend project lined up. Also, the last
of our presents should arrive on Saturday - a new BIG television. And I
mean BIG! Then the battles will commence: who will control the remote!
I guess all that's left is the wrapping and labeling of gifts.
It's hard to believe that this year is almost over. And even more amazing
is that A-ONE is close to starting its fifth year of publication. I'm
actually surprised that we've been around this long. But true to form,
Atari users have stuck with us, as well as the machines they continue to
use. We continue to get positive feedback about the magazine, and the
occasional obligatory negative comments. The positive is probably what
keeps us going week after week, year after year. Who knows how long it will
last. Perhaps next week, in our final issue of the year, I may reflect more
on the past four years. And, perhaps we'll even go further back. We'll
see.
All of us here at A-ONE want to wish our readers a happy holiday greeting.
It's a great time to spend with family and friends. Just remember to be
responsible.
Until next time...
=~=~=~=
Reservoir Gods Releases SuperFly
Guildford, England - Dec 13th 2002 - RG, a leading developer of
entertainment software for the Atari platform today announced the release
of a new action game "SuperFly".
You take the role of madcap inventor Dr Snuggles, on a mission to rescue
his girlfriend from the evil clutches of Professor Evil. Over the course
of the game you will pilot a range of different vehicles over a variety
of different worlds.
The gameplay takes place over a horizontally scrolling playfield. The game
mechanic is simple, yet fiendishly addictive. As you progress through the
game you gain experience points which allow you to unlock new game modes
and different worlds to play in.
The game features super smooth 60 Frames Per Second action, 21 high score
tables, saveable replays, a Soul Calibur style gallery with unlockable
portraits and 9 pieces of SID music composed by the award winning MSG.
With four different game types, five game worlds, an epic story mode and
many secrets and bonuses, there is enough to keep even the hardened gamer
flying high for the foreseeable future.
The game runs on all Atari machines from the humble STFM through to the
mighty Falcon. Where extra hardware is detected, it uses the enhanced
capabilities.
"SuperFly" can be downloaded from the Reservoir Gods HomePage:
http://www.reservoir-gods.com
About Reservoir Gods:
Reservoir Gods have been developing software for Atari platforms since
back in the day (1994). Their products include the art package GodPaint,
GameBoy & NES Emulators, the disk magazine Maggie and a range of games
including "Double Bobble 2000", the "Tautology" series, "GodPey" and
"Chu Chu Rocket".
=~=~=~=
PEOPLE ARE TALKING
compiled by Joe Mirando
joe@atarinews.org
Hidi ho friends and neighbors. Christmas is upon us and I've still get
lots of shopping to do. Every year, I say "next year, I'm going to get my
shopping out of the way early", and every year I end up waiting until the
last minute.
No matter. I've got it almost down to a science. I know pretty much what
I'm going to buy for whom, and where to get it. My only problems occur
when one store or another is out of stock. From what I hear, that may be
a big problem this year. The stores, anticipating a light shopping season,
didn't load up on stock, and shoppers decided it was time to cut loose a
little and do some spending. The result is that stores are running out of
things here and there.
That's probably a good thing in a way. It seems that, more and more, we
gauge things by material possessions. When we can simply get what we want
anytime we want, we tend to take things for granted. While a store being
out of the latest video game or Barbie incarnation isn't much of an
imposition, it is a little tiny reminder that things don't always work
out right just because we want them to.
Hell, if things worked out just because we wanted them to, the world would
be pure and utter chaos. Think about it.. when was the last time that
you wanted something important that didn't conflict with what someone
else wanted? That's what being civilized and social is all about.
I was going to mention world strife and contentious political entities
now, but we all know what's going on (or we all THINK we know what's
going on, depending on your views), so I'll leave it to you to deal with
that part on your own.
For many of us, this is the time of the year when we take stock of what we
want and what we've accomplished. That's also a good thing. With this
season being a special time of year for several of the world's religions,
it seems like a good idea to stop and take a breath.
Well, that's enough of that. Let's get on with the news, hints, tips, and
info from the UseNet.
From the comp.sys.atari.st NewsGroup
==============================
On the subject of broadband communications, Kenneth Medin posts:
"Right at this moment I have one Atari with static 192.168.0.129, another
with static 192.168.0.9 and a pc that has got 192.168.0.2 from the NAT-
box DHCP server, all on the same 255.255.255.0 Ethernet network."
Djordje Vukovic asks Kenneth:
"By the way, about ten days ago we engaged in a discussion on the
(mis?)configuration of this network of yours; you made a nice
ASCII schematics, remember? but I replied to that message with a delay
of several days (suggesting some changes), and there it all stopped.
Did you solve that problem meanwhile?"
Kenneth tells Djordje:
"No, I have very little time at the moment. But I did post a follow-up a
few days ago. With an error in it as well that another guy corrected. I
will however sort this out, possibly during the holidays..."
Peter Slegg fills in some holes for Djordje and Kenneth:
"The ADSL modem is a DHCP server and the manual says that the computer
must be set-up to receive an IP address from the modem, i.e be a DHCP
client. This information wasn't known to me when I bought the modem but
it probably wouldn't have meant much.
I am waiting for a friendly Mac owner to configure the modem with me.
I need to be certain that the router has PPPoA. BT ADSL is PPPoA and this
is supported by the modem I have. The router must also have PPPoA
otherwise the connection will not work. Most GB cable companies use PPPoE
and there are far more routers that support this (older) protocol. I may
need to get a combined router/modem for BT ADSL."
John Garone asks:
"Anyone know of a site with sound that CAB (w/Gemjing) can play?"
Jean-Luc Ceccoli tells John:
"JemGing can't play Stereo/16/44, but any mono/8/22 will be played
with no problem.
On the other hand, if you want absolutely to play CD-like sound
within CAB, Didier Méquignon's Aniplayer does it very well. Just
declare it as a plug-in in CAB. Works great on both my Falcon and
my TT."
John tells Jean-Luc that he's...
"Not sure what you mean by "plug-in".
As an external program, Aniplay works great. I tried it also in place of
Gemjing as the sound source but I don't see how it will work without CAB
sending the sound file externally. I was hoping to get CAB to play a sound
while viewing an HTML file."
Didier Mequignon tells John:
"Aniplayer is compatible with the GEMJING command line, so Aniplayer can
replace GEMJING. The options supported are inside the documentation.
It's enough for CAB calls."
John tells Didier:
"What I'm asking is if CAB could use Gemjing while viewing an HTML web
page and sound heard (if there is a sound file in the HTML code. No
problem getting Aniplay to work by CAB but not simultaneously! Maybe I
should have mentioned I'm running single TOS (4.04) so now I'm thinking
it will only allow one program to be active at a time! I'll look at
Aniplay's docs anyway. Thanks for the input."
The light dawns on Jean-Luc, and he tells John:
"Er... you effectively need a multitasking O.S., sorry."
John now asks about logging into eBay:
"It seems I'm having trouble logging into Ebay using either Dan's or
Oliver's OVL. Oliver's returns "cookies being rejected" and with Dan's
the password field returns to be filled again. I've tried various combos
of configs and Set for their respective OVL. Any thoughts?"
Jean-Luc tells John:
"I think you could achieve it using the MiNT version of the OVL. But
you then should have to use MiNT - which could help you with your
CAB/GemJing problem as well. <wink> "
John tells Jean-Luc:
"The Ebay login problem is only recent. I've always had access!
Maybe something was changed on their end! Thanks for the Mint suggestion."
Steve Stupple adds:
"Ebay has done some changes and quite a few software packages have been
having problems. I presume it may be due to their integration of PayPal!"
John tells Steve:
"I tried writing to support@ebay.com but they discontinued it so I
followed their instructions to go to their contact web page where they ask
you to log in! Duh!!!!"
Ken Springer asks about using HD Driver:
"I figure Uwe Seimet will read this eventually. :-)
TT030, 42mf RAM
HDDriver 7.54
Believe it or not, the TT still has the original ST157 hard drive
installed in the internal bay. But it puts up a fuss now and again, so I
decided to replace it.
I went looking in a local surplus parts store, and found a SCSI drive that
had been removed from an Apple computer, presumably a Mac. Made by IBM
for Apple, it is a DSAS 3720, 730mb formatted. According to IBM's
website, this is a SCSI 2 FAST unit, which I did not know when I bought
it for a whopping $15.
Right up front, I will say I've never had complete faith in 7.54, I could
never get it to work on my Hades. But I also believe my Hades has a
problem, always has. It's an early version.
Attached to my TT is an external ACSI 2 bay unit, I've forgotten who made
the host adapter in it.
When the IBM drive is in the ACSI unit, no problem. The drive formatted
fine, partitioned fine, I can see it just fine, I can read and write to
it. I even installed HDDRIVER.SYS to the first partition.
But mount it in the internal bay??? Nothing. I've tried everything I can
think of, the TT will not see it. I've terminated it, and no
termination. I've removed the TT's internal SCSI termination resistor
packs. I've tried HDDRIVER 6.22, no luck.
Is the problem the fact it is a SCSI 2 unit? Is it 7.54? Is it both?
I'm not out any money, since I can always leave it in the external unit
where it works fine, apparently.
I don't mind upgrading to the latest HDDriver if that's the problem.
I'm sure open to suggestions as I need to replace the old ST157N before it
fails completely."
Thorsten Gunther tells Ken:
"The problem is - apparently - that you are trying to *boot* from this
drive. SCSI2 drives usually expect the command initiator to have an SCSI
ID, yet the TT has none. The only means to work around this is writing
yourself a new ROM file and patch it with TosPatch 3.06
<http://www.stud.uni-hamburg.de/users/in5y280/tospatch.html>
Well, actually I do not know whether there's a TosPatch for the English
version of TOS 3.06, but the patches (or at least *the* patch) themselves
can be applied manually. Afterwards, split TOS into burnable ROM files and
then burn them onto EPROMs. You will get CRC errors if you only apply this
single patch and don't remove the CRC checksum subroutine, but the TT will
boot OK from your HDD.
You could boot from the disk drive and let HDDriver set the TT's ID (it
*is* capable of doing so), but IMHO that would be a *real* pain in the
ass."
Ken tells Thorsten:
"Correct, it was my plan to boot from this drive.
I sure don't know what kind of a PITA this would be, not sure how to do
it. But it's either this, or searching out a different SCSI drive at the
store. Not an impossible job, but a true time consuming one!"
Peter Schneider tells Ken:
"No, you must not do so. The TT *must* be terminated. If there are
external drives, the last one is to be terminated too. If there's non,
terminate the internal (your problem) drive.
In any case, you may boot from an external drive! Just tell HDDRUTIL
to do so!
What's about TermPwr? ID collision? Termination?
Right now, I'm running 3 IBMs (DCAS, 4.3, 2.1, 2.1 GB), the big one in
the internal bay with no problems. All three had been running in PCs
before."
Lonny Pursell asks Ken if he's...
"Tried turning on bus arbitration in HD Driver?
The Dayna units won't even show up unless you do."
Ken tells Lonny:
"I've certainly got nothing to lose by trying.
But wait, since I want to boot from this drive, that won't work since it
can't see the drive to run HDDRIVER.SYS to turn the arbitration on.
<Grin>"
Lonny replies:
"Hmm.. yeah that is certainly a problem! I forgot the dyna was the last
unit in my chain."
As Ken initially predicted, Uwe Seimet sees the post and replies:
"Note that the Hades is not supported officially anyway, because its
hardware is known to be not fully Atari-compatible.
No, SCSI-2 and SCSI-3 work fine, as other users will confirm.
Have you already tried the current demo version? Any SCSI drive should
work, if not up to now it has always been a problem of cables or
termination."
Ken tells Uwe:
"I got my first version of HDDriver with the Hades, and then the
incompatibilities started becoming apparent. I gave up on 7.54 and went
back to 6.22 which never gave me any problems. And 7.54 worked fine on
my TT.
I didn't know there was a current demo available. I'll download it from
your website and try it."
Gordon Campbell asks about Highwire, the new browser:
"Anyone knows the URL or where I can get info for the Atari browser
project called Highwire please?"
Adam Klobukowski passes the URL to Gordie:
"http://highwire.atari-users.net"
Mark Beller asks for ideas about where to get 3.5" double density disks:
"I have a load of ST disk images, but only a few 3.5" DD disks. That's
a bit of a problem.
Would it be possible to store disk images on an IDE drive and connect
it to the ST, and load the games from there? I imagine they'd have to
be converted somehow.
Another way would be to use 3.5" HD disks, but I doubt if that would
work...
Hope this can be worked out."
Adam Klobukowski tells Mark:
"HD disks should work."
Hallvard Tanderaas tells Adam:
"Yes, but not reliably."
Nigel Williamson adds:
"I find that if you cover the non-adjustable hole on a HD disk you can
format it to work on an STFM. it also works on a Win 95 PC so you can use
it to transfer files between the 2 computers."
Steve Stupple tells Nigel and Adam:
"The problem with HD (high density) disks isn't down to the hole that is
used for HD detection, but from the media itself.
The heads on a standard DD drive can corrupt the data around the track
being written AND on the other side of the disk, due to the thinner media
used.
Of all the ST's i have, not fitted with a HD drive, not one will reliably
allow me save and record the data. However of the many external drives i
have tried, only one i have will read and write to one.
If you want to use HD disks on your ST, I would suggest using the
modification that allows you to use a HD drive as a DD drive, then you
should be able to use the disks with the hole covered. I cant remember
off hand the address for the mod."
Ken Springer now asks about finding info about hard drives:
"There must be a place on the net somewhere that has the specifications
for different SCSI drives.
In particular, I'm looking for the jumper settings on a Digital DSP3210
SCSI drive. I can find them for sale all over the place, but can I find
the jumper settings? Not on your life.
Any suggestions, anyone?"
Mendel Baker tells Ken:
"Try:
http://support.ap.dell.com/docs/dta/DEC2GB/ "
Well folks, that's it for this week. Please have a safe, happy, and holy
holiday. And please don't drink and drive... the life you save may be
MINE! <grin>
'Till next week, keep your eye on the horizon, your nose to the
grindstone, your ear to the ground, and your back to the wall. Now just
try to get some work done in that position. <smile>
Can you tell that I'm in a silly mood? Nah, I didn't think so. 'Till next
week, make sure you listen to what they are saying when...
PEOPLE ARE TALKING
=~=~=~=
->In This Week's Gaming Section - The Sims Online! A New 'Zelda'!
""""""""""""""""""""""""""""" "Epidemic" of Violence in Games!?
Game Publishers Face Hard Times!
And more!
=~=~=~=
->A-ONE's Game Console Industry News - The Latest Gaming News!
""""""""""""""""""""""""""""""""""
Log On to A 'Sims' Ego Trip
A new chapter in The Sims' story begins Tuesday with the launch of The Sims
Online, a Net-based version of the game.
The tale has been a successful one. Publisher Electronic Arts has sold more
than 8 million copies of the original game, which was released in 2000. It
is the top-selling PC game of all time.
In this updated and perpetual game of life, a player creates an alter ego
(you get three in the new game) who then goes about building a life:
getting a job, buying property and having relationships. (The game is
family-friendly and rated T for teens.) Hundreds of combinations are
available to customize players' looks, and gamers can re-create themselves
or adopt entirely different personas.
In The Sims Online, however, a player interacts not with computer-created
alter egos but with those being played by other real people.
"The interpersonal dynamics and relationships between people will become
the components of the game," says Sims creator Will Wright of Maxis. EA
bought Maxis, which Wright co-founded, in 1997.
To join the online game -- played only on personal computers -- Sims fans
will need to buy the online-ready version ($49.95) and pay a monthly fee
of $9.99. A special $74.95 autographed charter edition of the game comes
with three free months online and other goodies (thesims.ea.com).
PC game sales have declined, overlooked in favor of console video games
played on systems such as the Sony PlayStation 2 and Microsoft Xbox. The
Sims Online could bring PC games a welcome jolt of recognition.
"The potential here for The Sims Online is obviously huge," says Jeff
Green, editor in chief of Computer Gaming World magazine. "And the
designers have done a remarkable job of making the online game look as
familiar and simple as possible to those already familiar with The Sims.
So the intimidation factor, for those who have never played online, should
be next to nothing here."
The role-playing EverQuest has been the most successful online subscription
title, with 450,000 paying players. "One of the issues is getting people to
pay to play online games," says Schelley Olhava of research firm IDC. "If
(The Sims Online) can get 500,000 people to pay, that is really good."
Because millions already are Sims fans, that could be a conservative
estimate. Still, at that rate, the game could bring in about $85 million
-- $25 million in software sales and $60 million for the first year of
subscriptions.
A good sign that sim-mers are willing to accessorize: They also have
snatched up 13 million copies of Sims add-ons such as Sims Unleashed, which
lets sims get a dog or cat and learn to garden.
How did Wright, 42, decide to create The Sims when others were designing
space battle games or virtual shooting galleries? "When I was a kid, I
spent a lot of time building models. . . . One of my first attractions on
the computer was simulations, a different type of modeling," he says. "For
me, the computer can be used to help you understand your environment, so,
just naturally, I've wanted to model parts of the real world."
Wright, who has described The Sims as "a dollhouse for adults," offers some
facts of Sims Online life:
* Create one of your sims in the simulated city of Alphaville. The largest
city has more sims to meet.
* Don't buy property right away. "Take time to visit the world and see what
is out there," he says.
* Develop a skill that fills a need. "I met a woman in the game the other
day, and she started a singing-telegram service in the game," Wright says.
"That's one of the creative approaches that people are doing. You provide a
service where there is a demand."
Nintendo Sets Launch Date for New 'Zelda' Game
Video game publisher Nintendo Co. Ltd. on Tuesday set a late-March release
date for the long-awaited new entry in its "Legend of Zelda" series and
said customers who order the $49.95 game in advance will get two other
games free.
Nintendo set March 24 as the release date for "The Legend of Zelda: The
Wind Waker," a game that was first previewed in August 2001.
The new Zelda is the latest in a series that dates to the mid-1980s and
has generated sales of more than 36 million units worldwide, making it one
of the best-selling game franchises.
"Zelda" has long been one of Nintendo's cornerstones, along with the
"Mario" franchise. Games in both series have traditionally been a major
part in selling Nintendo's consoles, from the NES of the 1980s to the
GameCube released last year.
Nintendo said people who place a deposit at select retailers after Feb. 16
to pre-order "Wind Waker" would also get a disk featuring two previous
Zelda games: "Ocarina of Time" and "Ocarina of Time Master Quest."
"Ocarina of Time," released for Nintendo's late-1990s N64 console, has been
lauded by the gaming press as one of the best video games of all time.
"Master Quest" is an update to that game that was never released outside of
Japan.
"Wind Waker" was originally targeted for a February 2003 launch, though
Nintendo officials said in May they would release it as soon as this
holiday season if it was ready.
The game was criticized initially for its graphic style, which some said
was too cartoon-like. But it was warmly received at last May's Electronic
Entertainment Expo, an industry show, even garnering some "Best in Show"
awards.
Report Condemns Sex, Violence in Video Games
Warning of an "epidemic" of violence in video games, an industry watchdog
on Thursday blasted some of the biggest titles of the year for treating
women as sex objects and rewarding violence against them.
The National Institute on Media and the Family released its seventh annual
report card on the video game industry at the Washington offices of
Connecticut Sen. Joe Lieberman, a long-time advocate of restrictions on
violent games.
"Video game violence is now an epidemic, and violence against women has
become a black mark on the entire industry," the report's author and the
institute's founder, David Walsh, said in a statement.
Lieberman called for hearings on the retail industry and their policies for
restricting access by minors to violent video games.
"This relatively small but highly popular minority is not just pushing the
envelope -- they are shooting, torturing and napalming it beyond all
recognition, and beyond all decency," Lieberman said.
But at the same time, the Democratic senator, who is weighing a bid for
president in 2004, admonished parents to take responsibility for their
children's access to violent games. "Remember, you are your child's
first -- and last -- line of defense," he said.
The video game industry, which has been singled out in the past for its
efforts to establish an effective rating system, reacted sharply to the
report.
"My reaction to that is (this) it's grotesquely unfair," Doug Lowenstein,
the president of the Interactive Digital Software Association, told
Reuters. "What we have here is a group with an ideological agenda."
The hottest new game of 2002, Take-Two Interactive Software Inc.'s "Grand
Theft Auto: Vice City," took the brunt of the institute's criticism in its
report.
"'Grand Theft Auto: Vice City' is receiving rave reviews for its technical
excellence. However, its portrayal and mistreatment of women is
disturbing," the report said. "The brutal murder of women as entertainment
should be cause for great concern."
"Vice City" sold nearly 3 million copies in its first month on the market,
according to analyst estimates, and is on track to be the best-selling game
of 2002 and, possibly, one of the top sellers of all time. Take Two had no
immediate comment.
The report also singled out Acclaim Entertainment Inc.'s, which features
semi-naked strippers, saying it and games like it "degrade women and
reinforce dangerous stereotypes by treating them as sexual objects." An
Acclaim spokesman said the game was rated appropriately and that the game
was never meant for or marketed toward children.
Overall, the institute gave the game industry an "F" grade, the first time
it has done so.
"This year's grade reflects the dramatic increase in violent games and, in
particular, games rewarding violence against women," the report's authors
said.
The report also lauded the Entertainment Software Rating Board, an industry
panel that rates games, for working to review its rating system to ensure
that game ratings are age-appropriate.
"The industry has made important steps in the last few years to accurately
rate all games," the report said. "However, it is disturbing to see that
some of the most popular games with adult themes are inappropriately deemed
suitable for younger audiences."
A review of the ESRB database shows that of 672 titles rated for the three
leading consoles -- Sony Corp.'s PlayStation 2, Microsoft Corp.'s Xbox and
Nintendo Co. Ltd.'s GameCube -- 80 carry the board's 17-and-over "Mature"
rating, or about 12 percent of the total.
In the previous generation of consoles -- primarily Sony's PlayStation,
Nintendo's N64 and Sega Corp.'s Dreamcast -- there were 193 "M"-rated
titles out of 2,196 rated games, or about 9 percent in total.
The U.S. Federal Trade Commission has in past praised the ESRB as more
proactive and effective than ratings systems in the movie, music and
television industries.
"We've got the great ratings system, we're doing great on self-regulation,"
Lowenstein said. "I don't think this is a real honest and objective effort
to assess the industry's performance."
Game Business Seen Splitting Into Haves, Have-Nots
A year ago, most analysts looked at the video game industry and saw the
money rolling in like the gold coins in one of the gleeful payouts that
reward a successful round of Nintendo's "Super Mario."
Now, the $30-billion game business looks more like one of the knock-down,
drag-out battles for survival in a game of "Mortal Kombat" or "Dead or
Alive."
This week's earnings warning by Activision Inc., the battered No. 2 game
publisher, underscored the rapid change in an increasingly competitive
business where the winners take all and the also-rans are being driven from
retail shelves.
More evidence of the hit-driven trend for analysts: Take-Two Interactive
Software Inc., on track to take the No. 2 spot from Activision, beat Wall
Street estimates and raised guidance for the year this week on the strength
of its smash release "Grand Theft Auto: Vice City."
At the start of 2002, with Microsoft Corp. and Nintendo Co. Ltd. having
successfully launched new game consoles to compete with Sony Corp.'s
already established PlayStation 2, most analysts and industry watchers
expected an embarrassment of riches, not a fight for survival.
"We continue to believe this holiday season is shaping up to be one defined
by the 'haves' (Electronic Arts and Take-Two) versus the 'have-nots' as top
titles take a larger share of the market," UBS Warburg analyst Mike Wallace
said in a research note on Wednesday.
Another analyst had an even more dour outlook on the crucial holiday
season, the biggest sales period of the year.
"Given the dynamics of the retail market ... and lackluster demand for
marginal titles, we believe that most of the interactive entertainment
companies could possibly miss forecasts for the December quarter," Deutsche
Bank Securities analyst Jeetil Patel said in a note.
Most U.S.-listed video game publishers traded lower on Wednesday morning,
many sharply so, as investors tried to digest the implication of
Activision's warning.
Activision was off 21 percent at $12.44. Shares in Bam Entertainment Inc.
were off 13 percent at 40 cents. Midway Games Inc. was off 10 percent at
$4.96 and THQ Inc. was down 8 percent at $13.68.
3DO Co. was trading 7.1 percent lower at $2.36, with Acclaim Entertainment
Inc. off 5.4 percent at 86 cents, Take-Two down 5.4 percent at $23.28 and
industry No. 1 Electronic Arts Inc. down 4 percent at $57.31.
For the year, the shares of only two publishers -- Electronic Arts and
Take-Two -- have registered gains.
Market research groups have said they expect U.S. game hardware and
software sales this year to hit a record $10 billion to $12 billion.
Given that rise, some analysts said they were stunned by the warning from
Activision, which cut its fiscal 2003 revenue forecast by 12 percent to
$823 million and its earnings per share view by an even deeper 32 percent
to 88 cents. Analysts used words like "extreme" and "flabbergasted" to
describe the warning.
The company cited both weak sales of holiday titles and a growing trend by
retailers to order few copies of new titles at first in favor of larger
reorders if a game sells well.
Analysts said that attitude at retail is forcing the industry to be more
hit-driven, because a game has to sell well from day one if the company
has any hope of making money on the title.
"In our opinion, the interactive entertainment industry is increasingly
becoming a hits-driven business dominated by a handful of major brands,"
Deutsche Bank's Patel said.
"While we expected this trend to benefit both Activision and Electronic
Arts, it now appears Electronic Arts represents one of the few
beneficiaries of shifting consumer demand to well-established titles," he
added.
With the need for hits becoming clear, companies have also ramped up their
advertising spending. Video game ads dot the television airwaves, and Sony
recently announced a deal for the PlayStation 2 to sponsor the annual Rose
Bowl college football classic.
Activision's Chief Executive Bobby Kotick had recognized the increasingly
high-stakes nature of the game business heading into the holiday season.
"It's going to be a Christmas of haves and have-nots, and I think it's
going be more pronounced and less forgiving that last year," he said in a
September interview.
With Activision's decline, analysts agreed that EA and Take-Two were the
most likely beneficiaries. "Take-Two and EA, there's nothing wrong with
them," Wedbush Morgan analyst Michael Pachter told Reuters. "It's not
broken for them."
Video Game Industry Gets TV Award Show
It's a hit-driven business given to flashy premieres and high-profile
talent and now the video games business has gone fully Hollywood: it has
its own red-carpet awards show.
The National Network, a unit of the MTV Networks division of Viacom Inc.
on Thursday said it will develop, produce and air an award show for the
video game industry to be shown toward the end of 2003. No venue for the
show was announced.
The network said the two-hour show will honor categories like "Hottest Hero
and Heroine," "Most Addictive," "Coolest Villain," "Best Game based on a
Movie," "Best Celebrity Actor and Actress in a Game" and "Game of the
Year."
Though many may not realize it, a number of top video games feature
celebrity cameos. The hottest game of the year, "Grand Theft Auto: Vice
City," features voice work by Ray Liotta, Dennis Hopper, former football
star Lawrence Taylor, and porn star Jenna Jameson and others.
The network cited a fit between its target audience -- people ages 25 to
34 -- and the core audience for video games as a reason for doing the
first-of-its-kind show.
While the games business has had awards events in the past, they have
traditionally been tied to industry conferences and have not been
televised.
Comcast Corp. launched a digital cable channel devoted solely to video
games, G4, earlier this year.
=~=~=~=
A-ONE's Headline News
The Latest in Computer Technology News
Compiled by: Dana P. Jacobson
Upgraded Netscape Stops Pop-Ups
AOL Time Warner subsidiary Netscape Communications has made the newest
version of its Web browser, Netscape 7.01, which includes pop-up ad
blocking capabilities, available for download from its Web site.
Netscape 7.01 can be configured so as to prevent the appearance of pop-up
ads on a user's computer screen.
It also includes AOL e-mail features allowing users to unsend mail, check
message status, and keep messages marked as new, Netscape said on its Web
site.
Additionally, the latest version of the Netscape browser features "minor
stability and performance enhancements," as well as giving users the
ability to view several tabbed pages as that user's home page, Netscape
said.
Netscape 7.01 runs with Windows, Mac, and Linux operating systems, the
company said.
Netscape already included a similar pop-up blocker as part of its Mozilla
browser.
The Mozilla development project, mozilla.org, is an open source program,
which supplies a free Web browser with the same name. Selected features in
Mozilla are included in the latest Netscape browser.
AOL Awarded Almost $7 Million in Spam Case
A U.S. court has granted Internet giant America Online almost $7 million in
damages from a company that the Internet giant said sent its users nearly
1 billion unwanted e-mails touting adult web sites, AOL said on Monday.
The ruling is America Online's second win over CN Productions and its
largest reward to date in an anti-spam case, an AOL spokesman said. The
unsolicited mass messages known as spam are one of the biggest annoyances
for e-mail users.
American Online, the Internet division of AOL Time Warner Inc. and the
world's largest Internet service, said the U.S. District Court of the
Eastern District in Virginia awarded it statutory damages and broadened the
scope of a prior injunction against CN and its owner Jay Nelson.
The decision was reached in late October, but unsealed only recently and
announced by the company only on Monday.
The complaint, originally filed in 1998, charged CN with sending AOL
subscribers nearly a billion e-mails advertising adult Web sites.
Dulles, Va.-based America Online won an injunction against CN in 1999 and
that year asked the court to expand its investigations to third parties
working with CN -- and found that it extended outside U.S. borders.
AOL said the ruling was the first in which statutory damages were awarded
under an amended Virginia anti-spam statute.
"This is an important legal victory in the fight against spam and it sends
a clear, distinct message to spammers: AOL is prepared to use all of the
legal and technological tools available to shut down spammers who inundate
the mailboxes of AOL members with unwanted and often offensive junk
e-mail," said Randall Boe, AOL's general counsel, in a statement.
The $7 million award will be use for general purposes, the AOL spokesman
said.
Nelson's counsel was not immediately available for comment.
In the latest version of its Internet software, America Online implemented
a new tool that lets users report incidents of spam with the click of a
button. The online giant has won more than 20 cases against spam companies.
Russian Firm Cleared in US Digital Copyright Trial
A Federal Court jury on Tuesday found a Russian company not guilty of
criminal charges that it violated U.S. copyright law by selling a software
program that can crack the digital locks used to secure electronic books.
Moscow-based ElcomSoft Co. Ltd. was charged in federal court of violating
the 1998 U.S. Digital Millennium Copyright Act by selling a program that
circumvents the digital copyright protections on Adobe Systems Inc.
software.
The two-week trial in San Jose, California was the first criminal
prosecution under the controversial DMCA, which prohibits the sale of
technology used to break the digital locks on digitally formatted movies,
music and other software.
The jury of eight men and four women deliberated for about two days before
reaching the verdict on Tuesday. The trial had hinged on whether ElcomSoft
had "willfully" violated the U.S. law, lawyers for the defense said.
"They never intended to violate the law," said defense attorney Joseph
Burton of the San Francisco law firm of Duane Morris.
"We accept the jury's verdict," Kevin Ryan, U.S. Attorney for Northern
California, said in a statement. "While disappointed, we are also pleased
that the judge upheld the constitutionality of the Digital Millennium
Copyright Act and the jurisdiction of the United States to bring these
cases."
ElcomSoft's program, which sold online for about a month in mid-2001 for
$99 before Adobe complained, allows users to make copies of electronic
books, transfer them to laptops and have the computer read them aloud to
the blind.
Prosecutors contended the program was akin to a burglar tool that could be
used to make illegal copies of electronic books.
ElcomSoft President Alexander Katalov testified that he did not think the
program, which was legal in Russia, was illegal in the United States. He
said the program was not meant to be used for electronic books that had
not been legally purchased.
Observers on both sides of the DMCA debate said they were pleased that the
case was finally resolved.
"Today's jury verdict sends a strong message to federal prosecutors who
believe that tool makers should be thrown in jail just because a copyright
owner doesn't like the tools," said Fred von Lohmann, an attorney at San
Francisco-based Electronic Frontier Foundation, which works to protect
civil liberties in cyberspace.
"Although the jury decided the Digital Millennium Copyright Act had not in
this case been violated, we are glad that prosecutors do believe that such
cases have an appropriate place in our criminal justice system," said
Robert Holleyman, chief executive of the Business Software Alliance trade
group.
The case caused an international uproar after ElcomSoft programmer Dmitry
Sklyarov was arrested in July 2001 following a talk he gave about the
program at the DefCon hacker conference in Las Vegas.
Prosecutors agreed to drop charges against him in exchange for his
testimony. His videotaped deposition was played in court by the prosecution
and he was questioned in person in court by the defense.
Copyright holders pushed for the DMCA, arguing that they need it to
prevent easy piracy in the digital age. Opponents say the law gives
copyright owners more rights in cyberspace than they have elsewhere.
AOL Granted IM Patent
America Online has recently acquired a U.S. patent for instant messaging,
potentially placing it in a position to edge out rival players and reap
significant rewards from the booming chat market.
ATT Parsons in Houston who specializes in intellectual property and patent
claims, patents can be enforced from the date issued. However, the 20-year
life of a patent is measured from the filing date.
While some patent holders choose to sue patent infringers upon issue of
their patent, others never seek claim over infringing parties, Norvell
noted.
The patent comes at a time when IM players such as Yahoo, Microsoft, and
AOL are all gunning not only for the broad consumer market, but also for
the nascent corporate messaging market.
A representative for Microsoft said Thursday that the company is not
commenting on AOL's new patent. No one from Yahoo was immediately available
to comment.
Still, the Dulles, Virginia-based Internet giant has not yet said whether
or not it will use the patent. The company holds numerous patents covering
varying aspects of its intellectual property.
Internet Company Owner Charged in Fraud Scheme
The owner of a New York Internet service provider and three employees were
charged on Wednesday with stealing millions of dollars from a federal
program aimed at providing funding for Internet technology to economically
disadvantaged schools.
John Angelides, 65, the owner of Connect 2 Internet Networks, was charged
in Manhattan federal court with eight counts of fraud, obstruction of
justice and other charges. If convicted, he faces a maximum penalty of 60
years in prison, and a fine of $2 million.
He and three others were charged with violating the E-Rate Program that
helps qualified schools purchase networking equipment and Internet service
so that students may use the Internet as a learning tool.
According to the complaint, the company allegedly charged the government
high prices for its services but misrepresented to the government that
schools were paying their share of the costs, as they are required to do
under the program.
The schools are required to pay a portion of the costs to make sure that
they negotiate for the best prices and only buy equipment they really need.
Prosecutors said that Connect 2 Internet has been the E-Rate Internet
service provider for more than 200 schools since 1998 and has received more
than $9 million in federal funds under the program.
eBay Sues Operator of eBaytoo.com
The online auction house eBay has sued a man for allegedly operating a
similar business on the Internet.
John Wederman, of Schenectady, who operates eBaytoo.com, allegedly violated
eBay's copyright in an attempt to "trade on the eBay name and to take
advantage of initial consumer unfamiliarity and confusion," according to
the lawsuit filed Wednesday in U.S. District Court in Albany.
eBay is seeking unspecified damages and legal fees.
Both sites allow buying and selling of items ranging from clothing and
jewelry to furniture and automobiles. The one allegedly run out of
Schenectady since October permits sale of Nazi items and Ku Klux Klan
items, which Delaware-based eBay does not allow on its site, the suit said.
Wederman registered as an eBay user in April 2000 and made about 20
transactions as both a buyer and seller, but his membership was suspended
when he failed to pay the company $132.56 in fees, the lawsuit said.
Wederman could not be reached for comment.
Microsoft, Two States Clash on Lawyer Fees
Massachusetts and West Virginia, the two holdout states seeking tougher
penalties against Microsoft Corp. in its antitrust case, told the trial
judge that the software company owes them $2.32 million in attorneys' fees.
But, in an unusual move, the states urged U.S. District Judge Colleen
Kollar-Kotelly to delay any decision that might force Microsoft to pay the
fees immediately. The states' lawyers said that, while the money would be
helpful to pay current legal expenses, they wanted to avoid a contentious
public fight with Microsoft that could distract from their courtroom
arguments.
The judge last month approved a sweeping antitrust settlement among
Microsoft, the Bush administration and nine states. In doing so, she
rejected arguments by nine other states - including Massachusetts and West
Virginia - that tougher sanctions were needed to restore competition in
the technology industry.
Seven of those states then decided against appealing her decision, and
Microsoft agreed to pay them $25 million in legal reimbursements to be
divided based on how much they spent on the antitrust case. California
contributed most of those legal costs.
This latest twist suggests that Microsoft, with $28.3 billion in sales this
year, could aggressively contest the fee payments to Massachusetts and West
Virginia as a legal strategy. The dispute over legal fees was outlined in
court papers filed with the court last week and disclosed Tuesday.
"This is money these two states would have received had they not decided to
pursue an appeal," Microsoft spokesman Jim Desler said. "Maybe we'll see
whether this is an issue the court needs to resolve." He declined to say
whether Microsoft believes $2.32 million was an appropriate amount for
reimbursement.
Massachusetts and West Virginia said Microsoft did not agree that it owes
them $2,327,947.38, and that Microsoft's lawyer, Bruce Braun, said the
company opposes their request for the judge to delay a decision on payment.
Massachusetts said it was owed $2.05 million in fees and expenses, with the
rest - about $271,000 - owed to West Virginia.
To support their payment claims, Massachusetts and West Virginia included
charts showing the number of hours their lawyers worked on the antitrust
case.
Government lawyers are paid fixed salaries, but the law calculates
reimbursed fees based on hourly rates for private attorneys. For example,
Massachusetts billed Microsoft $460 per hour for work by its attorney
general, Thomas Reilly, who makes $122,500 a year.
West Virginia Assistant Attorney General Douglas L. Davis said no decision
has been made whether Massachusetts and West Virginia will retain the law
firm of Williams and Connolly, which charged the nine states $10.07 million
for its work arguing for tougher antitrust sanctions.
Trade Groups Appeal Microsoft Settlement
Two computer industry trade groups on Friday said they would appeal an
antitrust settlement with Microsoft Corp. that was endorsed by a federal
judge last month.
The Computer & Communications Industry Association and the Software and
Information Industry Association said they had filed with the U.S. District
Court for the District of Columbia, announcing their intention to appeal.
On Nov. 1, U.S. District Judge Colleen Kollar-Kotelly approved, with minor
adjustments, a settlement crafted by the U.S. Justice Department and
Microsoft a year earlier.
Massachusetts and West Virginia, part of a group of nine states that had
tried to obtain more stringent sanctions against Microsoft, have separately
said they will appeal the settlement as too weak to address the company's
illegal conduct.
In the deal approved by Kollar-Kotelly, Microsoft agreed to measures that
included giving computer makers greater freedom to feature rival software
on their machines by allowing them to hide some Microsoft icons on the
Windows desktop.
An appeals court ruled in June 2001 that Microsoft had illegally maintained
its Windows operating system monopoly, but rejected a trial court proposal
to break the company in two.
The case was then transferred to Kollar-Kotelly to determine the
appropriate remedies in the case. She heard 32 days of testimony to
determine what sanctions should be imposed on Microsoft.
The two industry groups that flagged their intention to appeal are
longstanding critics of Microsoft and have lobbied for tough government
action against the company.
They said the U.S. Court of Appeals for the District of Columbia should
review whether the settlement goes far enough in remedying Microsoft's
antitrust violations.
"After careful analysis of the terms of the settlement and after carefully
reading Judge Kollar-Kotelly's ruling we respectfully conclude that this
settlement is not in the public interest. We believe the appeals court
should have an opportunity to review that determination," said Ken Wasch,
president of the software industry association.
Asked about the latest opposition to the settlement, Microsoft spokesman
Jim Desler said it was "widely recognized that Judge Kotelly was very
thorough in reviewing and addressing all issues related to the (approval)
process."
Student Helps Cops Nab Alleged Swindler
Spinning a web of Internet informants, a student doggedly pursued a
bogus-check writer who allegedly cheated him out of a computer through
eBay, enabling police to make an arrest.
Eric Smith, a University of New Orleans student, initially had few clues to
find the person who bought his Apple laptop on the Internet auction site
with the bogus check.
He had an e-mail address, a cell phone number and the Chicago street
address where he shipped the laptop, but the address turned out to be
nothing more than a mail drop.
By posting the scant details on Internet message boards and chat rooms,
Smith got responses from more than a hundred fellow Macintosh users. They
found the registration of the phone number and provided evidence that a Los
Angeles resident had been similarly swindled.
Smith said the FBI and the Secret Service declined the case because it
didn't involve a significant loss; the Chicago Police Department took a
report.
Smith finally decided to set a trap by using his girlfriend's eBay account
to set up another computer sale and stake out the buyer. The next e-mail
said to send the computer to suburban Markham, where police were glad to
help.
"I don't know much about computers, but I have a passion for this kind of
work," police Sgt. Jim Knapp said Friday. "And Eric had made it so easy.
He'd really worked to put together this nice little package that couldn't
be ignored."
Melvin Christmas, 38, was arrested Thursday and charged with two counts of
forgery; it was unclear whether he was in custody. Telephone messages left
with police and at a listing for a Melvin Christmas in Chicago were not
immediately returned Saturday.
Knapp said the suspect may have been part of a theft ring. About a dozen
other people have contacted the department, saying they lost computers the
same way, he said.
'Iraq Oil' Worm Oozes Onto the Net
A new network worm that spreads through shared folders on machines running
Microsoft Windows NT, 2000, and XP has been detected, according to
advisories posted by a number of antivirus software makers.
The new worm, called W32/Lioten, also goes by the name Iraq_oil, Datrix,
W32.Lioten, and I-Worm.Lioten, according to an advisory posted by security
company F-Secure of Helsinki, Finland on Tuesday.
It is not known what else the worm does besides propagate itself, nor is
the relevance of the "Iraq oil" reference understood, F-Secure said.
Unlike other worms that spread through mass e-mailing, Lioten scans the
Internet for vulnerable Windows PCs that are sharing folders with other
users on a home or business network.
Leading antivirus software makers, including Symantec; Network Associates,
maker of McAfee; F-Secure; and Sophos gave Lioten a "low" threat rating.
They indicate the worm has not spread widely on the Internet and few if
any infections linked to the Lioten worm have been reported.
Still, antivirus companies on Tuesday posted updated virus definitions
that are capable of detecting the Lioten worm. They all recommend that
customers running the affected operating systems download the latest virus
definitions for their antivirus software.
Machines that are located behind a firewall are likely to be protected
from the new worm. Even basic firewall configurations will block access to
port 445, according to F-Secure.
The worm finds new hosts to infect by randomly generating and attempting
to connect to IP addresses on the Internet. The worm listens for responses
on port 445 from machines using Windows Server Message Block (SMB), a file
and resource-sharing protocol used in Windows environments.
Once the new worm receives a response from a server, it attempts to crack
that PC using a so-called brute force attack. The worm first obtains a
list of user accounts on the PC and then attempts to log in to each of
those accounts by supplying values from its own list of likely passwords
such as "admin," "root," "1234" and "asdf."
If the worm is successful in logging on to a PC using any of the user
accounts, it places a copy of itself, iraq_oil.exe, in the System32
directory on that system and creates a process on the machine to run the
new executable.
Man Pleads Guilty to Spreading Viruses
A 22-year-old Web designer pleaded guilty Friday to spreading three
computer viruses over the Internet.
Simon Vallor, from Llandudno in Wales, appeared at Bow Street Magistrates
Court in London and admitted spreading three viruses, including GoKar and
Redesi.
Though the viruses can automatically spread through e-mail when someone
opens one, their distribution was relatively limited.
Vallor was arrested in February after the FBI passed details of the viruses
to the computer crime unit of London's Metropolitan Police.
Vallor was released on unconditional bail. No date has been set for his
sentencing at London's Southwark Crown Court, when he will face a maximum
penalty of five years in jail and an unspecified fine.
=~=~=~=
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