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January
15, 2004 --
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Main Stories
o Eolas
Wins $512 Million Web Browser Patent Judgment Against Microsoft
o Apple
Posts Four-Year Revenue High, Beats Analysts
o Yahoo
to Drop Google's Search Technology in Favor of Inktomi
o
Report: Ad Spending to Rise 7.8% Overall in 2004; 'Net Ads to Jump
12.1%
o
GameCube Sales Up 35% in 2003; PlayStation 2 Shipments Top 70
Million
o
Electronic Arts, Sony Music Partner on "NFL Street" Game Soundtrack
o Warner Bros. Launches Video
Game Division
o Games.com Domain Purchased
From Atari for $1.1 Million
o CinemaNow Adds Permanent
Downloads to 'Net Video-on-Demand Service
o Online Magazine Salon.com
Gets $800,000 Investment
> DMW Announcements:
--DMW Events - Digital Music
Forum 2004 - Confirmed Speakers
--DMW Publications
-Digital Media Law Report - December
Law Report Available Now! > Featured
Advertisement:
--MIDEMNET
--Complete Information for Department of Homeland Security
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o
Briefly Noted: Marvel - video
game division, Apple - audio production software, Mforma - Universal
- Paramount, General Dynamics Interactive - Mandarin Oriental Hotel
Group, Mag Rack - Warner Bros. Publications, TVN Entertainment -
Paramount, Sony - "Hot Shots Golf Fore!," Acclaim - "Worms 3D" -
"Combat Elite: WWII Paratroopers," Netflix, OutKast's "Hey Ya!" -
110,000 paid downloads
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>
Job/Event/Marketplace Classifieds:
--Software Engineer
--HireStrategy- COO
--FOLIOfn - EVP Retail Sales/CMO - online brokerage - D.C. area
--Director of Professional Services
--Video Production Services
--Obtain Maximum Value for Your Excess Used Technology Equipment
--Tech Executive Meeting - Harnessing Metrics to Drive
--IT Service Management Forum Government Conference & Expo
--Artisan Quality Handbags and Jewelry
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o Eolas Wins $512 Million Web Browser
Patent Judgment Against Microsoft Chicago -- A federal judge has
upheld a $512 million patent judgment against Microsoft originally
brought by Web browser developer Eolas Technologies and the
University of California. However, U.S. District Court Judge James
Zagel immediately put the ruling on hold while Microsoft lodges an
appeal. The patent Eolas holds covers technology that launches
applications within a Web page, like a streaming media player. The
U.S. Patent Office, along with many Web developers who fear such a
ruling could force them to pay new royalties, are investigating
whether the Eolas technology is based on "prior art," in which case
the patent would be invalid. While the appeal is mounted, Microsoft
was ordered to pay Eolas $45 million in interest. "We remain
confident that on appeal, when people hear this though, they will
see that -- as we claimed -- the patent is not valid," Microsoft
spokesman Lou Gellers told CNET News.com.
http://biz.yahoo.com/ap/040115/microsoft_suit_1.html
http://news.com.com/2100-1023_3-5141318.html
http://www.eolas.com
_____________________________________________
o Apple Posts
Four-Year Revenue High, Beats Analysts
Cupertino, Calif. -- Crediting strong sales of its Macintosh
computers and iPod digital music players, Cupertino-based Apple on
Wednesday reported a four-year revenue high and earnings that beat
consensus analyst estimates. The company said that it recorded
quarterly net income of $63 million, or $0.17 per share -- $0.02
higher than analysts polled by Thomson First Call had predicted. A
year ago, Apple posted a loss of $8 million, including restructuring
charges. th e company also posted revenue of $2.01 billion, its
highest level in four years. Revenue during the same period in 2003
was $1.47 billion. Apple shipped 829,000 Macintosh units during the
quarter, up 12% from the year ago, as well as 733,000 iPods, up
235%.
http://biz.yahoo.com/prnews/040114/sfw069_1.html
_____________________________________________
o Yahoo to Drop
Google's Search Technology in Favor of Inktomi
Sunnyvale, Calif. -- Web portal Yahoo has announced that it will
launch its own search engine technology during the first quarter of
2004, at the same time dropping long-time search partner Google and
becoming the company's main rival in the field. Yahoo has been
working to develop its own algorithmic search technology -- the same
type used by Google -- since it acquired search firm Inktomi for
$235 million in December 2002. "Competition-wise, this sets Yahoo up
to take Google on," Search Engine Watch editor Danny Sullivan told
CNET News.com. "The minute Yahoo bought Inktomi, the idea they were
partners and friends fell by the wayside. But Yahoo has not given
consumers a strong reason to think of Yahoo as different from Google.
They need Inktomi out there to get their own voice and differentiate
themselves."
http://biz.yahoo.com/bw/040114/145726_1.html
http://news.com.com/2100-1024_3-5141328.html
____________________________________________
o Report: Ad
Spending to Rise 7.8% Overall in 2004; 'Net Ads to Jump 12.1%
New York -- Advertising spending is expected to increase 7.8% in
2004 to $138.4 billion, following a 6.1% increase in 2003, according
to forecasts released on Thursday by TNS Media Intelligence/CMR.
Growth in Internet ad spending is expected to outpace all other
media except Spanish-language television, and will increase 12.1% in
2004 as compared to network TV (9.6%), radio (9.5%) and newspapers
(5.5%). "We anticipate expenditures on the upcoming U.S. elections
and summer Olympic Games to strengthen the ad market significantly
in 2004," said TNS president and CEO Steven J. Fredericks.
"Additionally, as the economy improves, all leading categories of
media will see improvement in advertising spending, with Spanish
language television, the Internet, and Spot TV showing the strongest
year over year gains."
http://www.tnsmi-cmr.com
____________________________________________
o GameCube Sales Up 35% in 2003;
PlayStation 2 Shipments Top 70 Million
Redmond, Wash. -- Japanese video games firm Nintendo reported on
Thursday that sales of its GameCube console increased 35% in 2003
over the previous year, bettering a 25% drop in sales for Sony's
PlayStation 2 and knocking Microsoft's Xbox into third place in the
console race. Nintendo, which slashed the price of the console to
$99 in September, expects to sell six million GameCube consoles in
its current fiscal year. The 2003 sales for GameCube software
increased 63% over 2002, topping sales increases for both Xbox
software (54%) and PlayStation 2 (23%). For its part, Sony reported
that it has now shipped over 70 million PlayStation 2 consoles
worldwide, and that software sales during the crucial November and
December months reached a record 66 million units.
http://makeashorterlink.com/?I29411417
http://news.com.com/2100-1043-5141061.html
http://www.nintendo.com
http://us.playstation.com
____________________________________________
o Electronic Arts, Sony Music
Partner on "NFL Street" Game Soundtrack
Redwood City, Calif. -- Video game developer Electronic Arts said on
Thursday that it partnered with Sony Music to include pre-release
songs in its new "NFL Street" game, two of which will also be
released as music videos that feature actual gameplay footage. The
two tracks will also be released to radio as singles. NFL Street,
which was released today for PlayStation 2, Xbox and GameCube,
features a soundtrack scored by the X-ecutioners, as well as
licensed tracks from Sony Music artists including Korn featuring
NAS, Killer Mike, Lil Flip, Lostprophets and Wylde Bunch. As part of
the partnership, select Sony artist CDs sold at several retailers
will include a playable demo CD of NFL Street. "This project gives
us the perfect opportunity to combine some of the most exciting
artists working today with the fast growing -- and highly
influential -- world of gaming," said Don Ienner, president of Sony
Music U.S.
http://biz.yahoo.com/bw/040114/145687_1.html
http://www.ea.com
http://www.sonymusic.com
http://www.nflstreet.com
____________________________________________
o Warner Bros.
Launches Video Game Division
Burbank, Calif. -- Warner Bros. has announced the formation of a
video game division, Warner Bros. Interactive Entertainment (WBIE),
which will focus on licensing of its properties for use in video
games. The company named Jason Hall, former CEO of game developer
Monolith Productions, to head the new unit. Monolith is currently
working on an online game based on Warner Bros.' "Matrix" film
trilogy. The new unit will also contain a separate division, Warner
Bros. Games, which will focus on the creation, development,
production and distribution of games.
http://biz.yahoo.com/rc/040114/media_warnerbros_games_1.html
http://www.wbie.com
____________________________________________
oGames.com
Domain Purchased From Atari for $1.1 Million
Cincinnati, Ohio -- Games, Inc., operator of a network of online
games sites, announced on Thursday that it has purchased the
Games.com domain name from video game publisher Atari for $1,125,000
in cash and stock. As part of the transaction, Games, Inc. will also
acquire digital licenses to a number of board game titles, including
"Monopoly," "Scrabble," "Risk," "Battleship," "Boggle" and "Yahtzee"
in addition to several classic Atari games. Ohio-based Games, Inc.
said it will enhance the Games.com site's functionality, adding chat
and skill-based tournaments for prizes, with a re-launch scheduled
in the spring. Games, Inc. also operates sites including Lottery.com
and Cards.com.
http://biz.yahoo.com/prnews/040115/clth055_1.html
http://www.atari.com
http://www.games.com
____________________________________________
o CinemaNow
Adds Permanent Downloads to 'Net Video-on-Demand Service
Marina del Rey, Calif. -- CinemaNow, a provider of Internet-based
video-on-demand programming, announced on Thursday the addition of a
"download-to-own" component to its service that will let users
permanently own films they download to their PCs. The films will be
transmitted in Microsoft's Windows Media Video 9 Series format and
protected by Microsoft's Windows Media Digital Rights Management
software in conjunction with CinemaNow's PatchBay technology. The
first titles available for permanent download include the surfing
film "Endless Summer" and several music concert films. Marina del
Rey, Calif.-based CinemaNow is majority-owned by Canadian movie
studio Lions Gate Entertainment.
http://www.cinemanow.com
____________________________________________
o Online
Magazine Salon.com Gets $800,000 Investment
San Francisco -- Online magazine Salon.com announced on Thursday
that it has received an investment of $800,000, from Rolling Stone
magazine founder Jann Wenner and Adobe Systems co-chairman John
Warnock. In addition, Salon will partner with Rolling Stone on a
series of articles on the upcoming presidential election, and Wenner
will take a seat on Salon's board of directors.
http://www.salon.com
http://www.nytimes.com/2004/01/15/business/media/15mag.html
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> DMW Events:

4th
Annual
Digital Music Forum
March 1, 2004 | New York City
www.digitalmusicforum.com
CONFIRMED SPEAKERS
Amy Bernstein -
Senior Editor, Business 2.0
David Del
Beccaro - President & CEO,
Music Choice
Derek Broes - EVP, Worldwide Operations,
Altnet
Ted Cohen - SVP, Digital Development & Distribution,
EMI Music
David Card
- VP & Research Director,
Jupiter Research
Peter Csathy
- COO, MusicMatch
Maureen
Dorney - Partner, Gray
Cary
Roy Elkins
- CEO & Founder, Broadjam
Mark
Frieser - CEO & Founder,
Consect
Brian
Garrity - Senior Editor,
Billboard Magazine
Jim Griffin
- CEO, Cherry Lane
Digital
Ellie
Hirschhorn - GM & EVP,
MusicNet
Jeff Howe -
Contributing Editor,
Wired Magazine
John
Kilcullen - President & Publisher,
Billboard Magazine
David Kusek
- Associate VP, Berklee
College of Music
Tim Nilson
- VP, Mobile Technology,
Sony Music
Jonathan Potter - Executive Director,
Digital Media Association
Sean Ryan -
VP, Music Services, Real
Networks
Ned Sherman
- CEO & Founder, Digital
Media Wire
Howie
Singer - Chief Technology Officer,
Warner Music Group
Steve Schnur - Worldwide Executive of Music & Audio,
Electronic Arts
Bob Struble
- President & CEO,
Ibiquity Digital
Nikke
Slight - SVP, New Media,
Atlantic Records
Don Teague - VP, Sales & Marketing,
PaymentOne
Jim Van
Huysse - Executive Director & GM,
The AOL Radio@ Network
Jon Vlassopulos - Sr. Dir., Bus.
Dev., AT&T Wireless Mobile Multimedia
more to come......
ABOUT THE PROGRAM
This year's forum focuses on the following questions:
- Is there a viable business model for selling music online?
- Can licensed services compete with free downloads from
file-sharing networks?
- Who will be the winners and the losers in the world of online
music sales?
- What is the status of pending lawsuits and legislation
concerning digital copyrights? Can the music industry profit
from legitimate uses of P2P?
- How are consumers reacting to new formats for music delivery?
- Will new formats generate the kind of success that the industry
experienced with CDs during the '80s and '90s?
- What are the challenges and opportunities for music industry
executives seeking to maximize the potential of the mobile
market?
- What does the future hold for satellite and Internet radio?
For complete agenda and event details, please go to:
www.digitalmusicforum.com
REGISTRATION
Early Bird Special: $195 (until January
20)
Pre-Registration: $295 (until February 20)
Registration: $395 (after February 20)
> DMW Publications:
> Digital
Media Law Report
Must-read publication on legal and policy matters related to
digital media. Law Report includes case summaries, news and
analysis, policy updates, court filings, and exclusive interviews
with legal counsel and business leaders. Published monthly.
Subscriptions
-
Order
Available Now - December Law Report - 31 pages
-
Order
>
Game
Industry Quarterly
- Subscriptions
-
Order
The Game Industry Quarterly features news about key business,
legal and finance developments impacting the game industry. Each
issue includes sections on current industry research, financings,
law and policy matters, game releases, business deals and other
industry events.
Available Now - Q3 Game Industry Quartertly - 105 pages -
Order
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> Featured Advertisement:

> Complete
Information for Department of Homeland Security
Small businesses wanting to do business with the government
face unique challenges when entering the federal marketplace. The
2003- 2004 Directory of Homeland Security includes a detailed
list of procurement information and small business government
contacts for the various federal departments and agencies.
Contact names, titles, phone and fax numbers and descriptions are
included in the listings. The Department of Homeland Security
portion of the directory has entire section titled, "Doing
Business with the Department of Homeland Security." To order the
2003-2004 edition, go to:
http://www.tech-directories.com/dmw.htm
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o Briefly Noted: (New York)
Comic book publisher Marvel Enterprises on Thursday announced the
formation of a video game group, to oversee the development of all
licensed video games based on Marvel characters. Ames Kirshen has
been appointed as manager of game development. The company currently
has 13 game titles in development with studios including Activision,
THQ, Vivendi Universal Games and Encore, and said that games based
on its comics sold over 6 million units in both 2002 and 2003.
http://biz.yahoo.com/bw/040115/155171_1.html
http://www.marvel.com
(Anaheim, Calif.) Apple Computer on Thursday previewed new
technologies that will be included in the next version of its Logic
audio production software. The package will include Sculpture, a new
component-modeling based synthesizer; UltraBeat, a synthesizer that
provides multiple synthesis techniques for generating electronic or
acoustic drum sounds; Guitar Amp, a new guitar amplifier simulator;
and support for enhanced Apple Loops, an open-standard file format
for real-time matching of audio loops and sound effects.
http://biz.yahoo.com/prnews/040115/sfth034_1.html
(Santa Monica, Calif.) Mforma, a publisher of wireless
entertainment content, announced on Thursday deals with movie
studios Universal and Paramount, to develop wireless games based on
licensed properties. Mforma secured rights from Universal Studios
Consumer Products Group to create games based on monster movie
characters including "Frankenstein," "The Bride of Frankenstein,"
"The Mummy," "The Wolf Man" and "The Creature from the Black
Lagoon." A "Dracula" game is already available to Sprint PCS Vision
subscribers. Kirkland, Wash.-based Mforma also secured rights from
Viacom Consumer Products to make games based on Paramount Pictures'
"Days of Thunder" and "Beverly Hills Cop." The company has already
released games based on "Top Gun" and "Star Trek Nemesis."
http://www.mforma.com
(Needham, Mass.) General Dynamics Interactive, a provider of
multimedia and broadband entertainment solutions to the hospitality
industry, announced on Thursday that it installed its first
high-definition multimedia system in Mandarin Oriental Hotel Group's
new hotel in New York City. The Intrigue Multimedia System's
features include LCD displays and surround-sound speakers, a DVD/CD
player, high-definition movies-on-demand, Internet via the
television and electronic artwork and coordinated music to display
on room televisions.
http://www.mandarin-oriental.com
http://www.intrigueonline.com
(New York) Mag Rack, a unit of Rainbow Media Holdings that
develops magazine-style video-on-demand programming, said on
Thursday that it has signed an agreement with Warner Bros.
Publications to develop a guitar instruction program. The "Guitar
Xpress" video magazine is scheduled to debut on cable systems that
offer Mag Rack in February.
http://www.magrack.com
(Burbank, Calif.) TVN Entertainment, a provider of
video-on-demand programming and delivery services, said on Thursday
that it signed an agreement with Paramount Pictures for the rights
to distribute movies in video-on-demand and pay-per-view formats.
New releases including "School of Rock" and "Timeline" will be
available to TVN customers, as well as library titles such as "An
Officer and a Gentleman" and the first six "Star Trek" films.
http://www.tvn.com
(Foster City, Calif.) Sony Computer Entertainment America on
Thursday said it plans to release "Hot Shots Golf Fore!" in 2004,
the fourth installment in the franchise that has sold more than 7.5
million units worldwide. Developed by Japan-based Clap Hanz, the
title will be based on the Japanese game "Minnano Golf 4," which has
sold over one million units since its release in Japan on Nov. 27.
http://www.claphanz.co.jp
http://www.us.playstation.com/games/SCUS-97130/flash
(Glen Cove, N.Y.) Game developer Acclaim Entertainment said on
Thursday it signed an exclusive publishing agreement with U.K.-based
developer Team 17 to release "Worms 3D," the latest installment in
the studio's 8 million unit-selling franchise. Separately, New
York-based Acclaim said it will release Nevada-based developer
BattleBorne Entertainment's "Combat Elite: WWII Paratroopers" for
next-generation consoles in June.
http://biz.yahoo.com/prnews/040115/nyth025_1.html
http://biz.yahoo.com/prnews/040115/nyth023_1.html
http://www.team17.com
http://www.worms3d.com
http://www.battleborne.com
http://www.combatelitegame.com
(Los Gatos, Calif.) Online DVD rental service Netflix on Thursday
announced the opening of a new shipping center in Lakeland, Florida.
The facility will serve the 3.5 million residents in central Florida
communities including Tampa, St. Petersburg, Orlando and Daytona
Beach. The company said it now reaches more than 80% of its members
with generally overnight delivery.
http://biz.yahoo.com/prnews/040115/sfth004_1.html
http://www.netflix.com
(Los Angeles) The top selling digital song download of 2003 was
BMG/Arista artist OutKast's "Hey Ya!," which sold over 110,000
downloads, according to figures from Nielsen Soundscan. Data also
shows that U.S. consumers bought a total of 2.5 million songs during
the week of the Christmas holiday.
http://biz.yahoo.com/rc/040115/media_music_downloads_1.html
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>
Classifieds:
> Software Engineer
Helps design, prototype, develop, and maintain innovative
newsroom automation software and systems integrating text,
graphics, audio, video, and machine control for broadcast
stations and networks. Manages functional specifications for
enhancements/updates, interfacing with development partners.
Requires programming in Microsoft Visual Studio and Visual
Studio.NET; computer sciences degree or related; PCs and MS
Windows products; data communication and LANs, and broadcast news
production systems. Travel. Email:
apbnchr@ap.org
___________________
> HireStrategy- COO
HireStrategy has been retained by one of its fastest growing
client companies to search for a COO. This key executive will
drive the national expansion and growth of this growing
enterprise. The COO will drive the scaling-up of policies,
procedures, structures, processes, systems and infrastructure.
The COO will lead, direct and participate in the following
activities: Strategic Planning, Operations Management, Sales, and
Marketing. Email resume to
mmolinas@hirestrategy.com Visit
http://www.hirestrategy.com/quicklinks/hire158.asp
___________________
> FOLIOfn - EVP Retail Sales/CMO - online brokerage - D.C. area
The EVP Retail Sales/CMO will lead all customer acquisition
efforts for FOLIOfn's online brokerage. The successful candidate
will have significant experience producing sales for online
services either directly or through partnerships and alliances.
He/She should be an aggressive, energetic, creative marketing and
sales professional who has expertise in guerrilla marketing and
ecommerce. Visit:
http://www.foliofn.com Email:
recruiting@foliofn.com
___________________
> Director of Professional Services
The Director of Professional Services will be responsible for
profitably selling and delivering projects while assuring
satisfaction among our clients. The candidate will report to the
CEO and will manage an initial team of 2-3 talented individuals.
Bachelor's degree required; MBA or related advanced degree
preferred, minimum 2-4 years of professional service mgmtt
experience, and direct or indirect experience with membership
organizations desirable. Send cover letter and resume to: Sheeraz
Haji, CEO:
proserv@getactive.com . In cover letter, comment on your
level of experience selling and delivering professional services,
and include your salary requirements.
http://www.getactive.com
___________________
> Video Production Services
INK Productions offers full service TV, Video, Corporate and
event video production. Professional Camera, Editing, Sound,
Lighting, Voice & Music. Betacam SP, DVcam, DVCpro, DVD, CD-Rom,
VHS and Web Formats. Personalized Services with Competitive
Rates. INK Productions "Your Full Service TV & Video Production
Source" Ivan N. Katz (703) 521-3090 (703) 626-2383--Visit
http://www.inkproductions.net. For more info Email:
INKvideo@aol.com
___________________
> Obtain Maximum Value for Your Excess Used Technology Equipment
BIZI International offers a suite of programs to maximize the return
on your used excess technology assets. Specialists in
Telecommunications and Test and Measurement equipment. Complete
Turnkey Solutions for all of your asset liquidation needs.
Established in 1985 with global operations. Massachusetts
headquarters. Contact Bill at (978) 649-0722 x134 or
bmccready@bizinetworks.com Visit
http://www.bizinetworks.com
___________________
> Tech Executive Meeting - Harnessing Metrics to Drive
Burlington, MA - FEB 10: What's in a number? Come meet our
esteemed set of panelists for an interactive discussion and case
examples of how to harness metrics to drive greater sales
results. NETSEA is the premiere not-for-profit organization
designed to provide learning and networking opportunities to New
England tech executives. Visit: (www.netsea.org)
___________________
> IT Service Management Forum Government Conference & Expo
February 2-7, 2004 - Washington, DC. A Framework for Achieving
Operational Excellence in Govt. Information Technology<< An event
for Federal, State & Local government agencies and the industry
professionals that work with & provide services to them.
Conference includes ITSM Pre-Conference Day & Post-Conference
Training Classes. Register today and save!
http://www.itsmfevent.com
___________________
> Artisan Quality Handbags and Jewelry
Marumaru offers artisan quality handbags and jewelry for the
savvy and discriminating woman. We specialize in vintage silk kimono
purses and offer many elegant jewelry pieces made from bamboo and
coral to semi-precious stones. All of our fine products are
Asian-inspired and handcrafted in Hawaii, the gateway to Asia. We
welcome you. Please visit us at marumarugirl.com . contact:
cara@marumarugirl.com or
michael@marumarugirl.com
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About Us
Digital Media Wire, Inc. is a news organization, publisher and
events company serving the digital media industry since May 2000.
Our daily newsletter delivers original briefings on
business, legal and financial developments shaping digital media and
read by over 30,000 executives and professionals. To
subscribe for free, please
click here.
Digital Media Wire, Inc. is part of the Tech Wire Media Group, an
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Law Report, Potomac Tech Wire, New England Tech Wire, Southeast Tech
Wire, Bay Area Tech Wire, Tri-state Tech Wire and European Tech
Wire. The network reaches more than 70,000 individuals from over 70
countries each business day.
Advertising & Sponsorship
Publications, Events & Information
Executive & Editorial Team
Chief Executive Officer: Ned Sherman
VP, Marketing & Events: Tinzar Than
Editor: Mark Hefflinger
Contact Us
Questions, Comments & Suggestions
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Copyright 2004 Digital Media Wire, Inc. All Rights Reserved.
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