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July 7, 2004 -- About Us | Advertise | Events | Publications | Subscribe

Main Stories
o Microsoft Officials to Meet with EU Judge on July 27
o BSA: 36% of World's Installed Software is Pirated
o Yahoo Sees Profits More Than Double
o RIAA Launches "Gold," "Platinum" Certifications for Download Sales
o Apple: iPod Mini Will Debut Internationally July 24
o Google Hit With Trademark Action by Online Toy Retailer
o Mobile Game Publisher Jamdat Files for $83.6 Million IPO
o Game Publisher Acclaim Sued by Developer, May Face Bankruptcy
o Siemens to Acquire BBC Technology Unit in $3.7 Billion Deal
o Digital Ad Distributor Lightningcast Secures $5 Million in Funding

 > DMW Announcements:
 --Future of Television: Next Generation - November 19, 2004

 > Featured Advertisement:
 --Billboard Digital Entertainment Conference & Awards
 --Digital Media Law Report - Volume 3
 

o Briefly Noted: Acacia Research - Central Valley Cable TV, Live365, BBC Online, Hollywood Media - Front Row Marketing, RCN - MusicNet, Alpine - iPod car adapter, RealNetworks - CBS' "Big Brother 5," RedTV.co.uk, Sirius Patriot, Activision - "Spider-Man 2," Disney Interactive, Square Enix, Latin music industry - rampant piracy
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> Job/Event/Marketplace Classifieds:
--NMS Imaging Seeing Sales Manager
--Senior Account Executive - PR
--Financial Pricing/Modeling Analyst
--Senior Accountant - Online Resources
--Wholesale Product Manager - Cavalier Telephone
--Director E-Business
--Financial Planning Analyst
--Product Manager
--PricewaterhouseCoopers' Entertainment and Media Outlook
--Executive Networking Meeting - Going International, July 20th
--Audio Conference - Homeland Security Contracting - July 27
 


o Microsoft Officials to Meet with EU Judge on July 27

Brussels -- Officials from the European Court of First Instance said late Tuesday that Judge Bo Vesterdorf would hold an informal meeting on July 27 with Microsoft and other interested parties to discuss the software giant's request to suspend EU sanctions against it. Court officials also said the informal meeting could possibly be followed by a formal hearing. Four months ago, the European Commission ruled that Microsoft must release a version of Windows without Microsoft's Media Player and pay a 497-million-euro ($614 million) fine. Microsoft has paid the fine, but appealed the antitrust ruling. It is now asking that sanctions against it be suspended until the appeal process, which could take several years, is complete. Separately, Reuters earlier this week quoted Microsoft lawyer Brad Smith as saying that a recent antitrust victory for the company in the U.S. addressed "many of the precisely same questions that are front and center in Europe."
http://makeashorterlink.com/?E52325EB8 
http://makeashorterlink.com/?Y14331EB8    
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o BSA: 36% of World's Installed Software Is Pirated

Washington, D.C. -- About 36% of all software installed on computers worldwide was pirated in 2003, representing a loss of nearly $29 billion, according to new information from the Business Software Alliance (BSA), an international association representing some of the world's largest software manufacturers. The study found that while $80 billion in software was installed on computers worldwide last year, only $51 billion was legally purchased. In North America, the piracy rate was 23%, with losses totaling more than $7.2 billion. The problem, however, was most prevalent in Eastern Europe, where the piracy rate was 71%, and the Asia/Pacific region, where dollar losses totaled more than $7.5 billion. http://makeashorterlink.com/?L57F23EB8     
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o Yahoo Sees Profits More Than Double

Sunnyvale, Calif. -- Buoyed by a rebound in the online advertising market, Yahoo on Wednesday said that it more than doubled its quarterly earnings of a year ago. The company reported earnings of $112.5 million, up from $50.8 million a year ago, on revenue of $832.3 million, up from $321.4 million. The results matched analysts' expectations, according to a survey by Thomson First Call. Susan Decker, the CFO of Yahoo, said that the company is benefiting from its "diverse and balanced sources of revenue, which have well positioned the company to deliver strong, consistent and profitable growth." Revenue from fee-based services, such as premium e-mail, grew 49%.
http://biz.yahoo.com/bw/040707/75769_1.html 
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o RIAA Launches "Gold," "Platinum" Certifications for Download Sales

Los Angeles -- The Recording Industry Association of America (RIAA) announced that it will add sales of digitally downloaded singles to its program that certifies albums and singles as "gold" or "platinum." For the digital realm, singles that sell 100,000 downloads will be certified "gold" while those that sell 200,000 will be certified "platinum," with multi-platinum designations awarded thereafter for sales in increments of 200,000. The RIAA will hold an awards ceremony in August to launch the new program.
http://www.riaa.com   
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o Apple: iPod Mini Will Debut Internationally July 24

Cupertino, Calif. -- Apple announced on Wednesday that the international release of its iPod mini digital music player, delayed due to high demand and a shortage of the microdrives used in the devices, will now commence on July 24. Apple's smaller version of its popular iPod player can hold 4GB of music (1,000 songs) and will sell for $249.
http://biz.yahoo.com/prnews/040707/sfw051_1.html 
http://www.apple.com/ipodmini 
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o Google Hit With Trademark Action by Online Toy Retailer

Mountain View, Calif. -- Claiming that it has superior rights to the similar-sounding name, Googles, a children's web site based in Maryland, said on Wednesday that it has launched trademark proceedings against search engine giant Google. In two separate actions, Googles, which is operated by Stelor Productions, has filed a notice opposing the California Internet company's application for a "Google" trademark to cover a list of goods and services that includes children's books, stickers and children's clothing, and also is seeking to cancel an existing registration for the mark "Google" for e-mail and search engine services. Steven Esrig, the CEO of Stelor Productions, said that Google has caused increasing harm to his children's business, which has developed story lines around its "Googles from Goo" alien characters. The company recently released several Googles-themed children's songs on iTunes, and has future plans to expand into television. "The web is a big enough space for both of us, but not if Google trespasses on our domain for children," said Esrig. "Even though Google Inc. is bigger, better capitalized, and more widely known, the company can't continue to pretend we don't exist." Esrig said that the publicity surrounding the Google IPO and that company's move into children's goods and services has deterred investors, licensees and entertainment partners from completing their deals with his company.
http://biz.yahoo.com/prnews/040707/nyw062_1.html 
http://makeashorterlink.com/?R10923FB8 
http://www.googles.com   
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o Mobile Game Publisher Jamdat Files for $83.6 Million IPO

Los Angeles -- Mobile entertainment publisher Jamdat Mobile announced that it has filed a registration statement with the SEC for a proposed initial public offering (IPO) of up to $86.3 million in common stock. The Los Angeles-based company publishes mobile games, ringtones and other entertainment through 72 wireless carriers in 38 countries. It has relationships with game publishers including Activision, Atari and Microsoft, as well as with the NFL, MLB, NBA and NHL.
http://makeashorterlink.com/?M31812FB8 
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o Game Publisher Acclaim Sued by Developer, May Face Bankruptcy

Reno, Nev. -- Video game developer BattleBorne Entertainment announced on Wednesday that it has won a preliminary injunction against the release of its "Combat Elite: WWII Paratroopers" title by publishing partner Acclaim Entertainment, which it sued for breach of contract. Nevada-based BattleBorne claims Acclaim failed to make payments and threatened to release the title before all payments were made. The news is just the latest woe for New York-based Acclaim, whose shares have dropped nearly 20% this week after the company revealed on Friday that it may need to seek bankruptcy protection if it cannot obtain new bank financing.
http://biz.yahoo.com/rb/040702/leisure_acclaim_2.html
http://www.combatelitegame.com 
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o Siemens to Acquire BBC Technology Unit in $3.7 Billion Deal

London -- The BBC announced on Wednesday that Siemens Business Services has emerged as the preferred bidder for its BBC Technology unit and an associated technology framework contract with the BBC. The contract is subject to approval, but would be for a term of 10 years and worth up to $3.7 billion. The BBC found through an internal strategic review of its technology requirements that it could realize potential annual savings of at least $37-$56 million, if its technology services were outsourced. The BBC Technology unit was founded in 2001 to provide broadcast and Internet media services for the BBC and other broadcasters, content owners and government bodies. The deal with Siemens is expected to close in the fall of 2004.
http://www.bbctechnology.com 
http://www.sbs.siemens.co.uk 
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o Digital Ad Distributor Lightningcast Secures $5 Million in Funding

Alexandria, Va. -- Lightningcast, a Virginia-based developer of a software platform for broadband advertising, said on Wednesday that it has raised $5 million in a new round of funding. New investors Global Internet Ventures and New Markets Growth Fund joined previous investors Nokia Venture Partners and Redleaf Group in the round. The company said that it will use the capital to accelerate product development and expand its sales organization. Lightningcast's core technology, used by major media companies, allows owners and distributors of broadband audio and video to insert streaming ads. Its clients include AOL, Disney/ABC, NPR and MTV.
http://www.lightningcast.com/articles/news8.htm 

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 > DMW Events:

Future of Television: Next Generation
November 19, 2004  |  New York City

www.televisionconference.com
Phone Registration Available Now
323-822-0936

OVERVIEW
Last year 370+ attended Future of Television Forum, which included keynotes from Mark Cuban (Chairman, HDNet / Owner, Dallas Mavericks), Joshua Sapan (President & CEO Rainbow Media Holdings, Inc.), and David Zaslav (President, NBC Cable). This year's event is scheduled for November 19, 2004 at NYU's Stern School of Business and will feature an impressive line-up of speakers and cutting-edge topics focused on the "Next Generation" of television.

REGISTRATION
Early Bird: $195 (until August 31)
Pre-Registration: $295
(until November 12)
Registration: $395 (after November 12 & at Door)
Online Registration: http://kb.digitalmediawire.com/register.php?eventid=1074

Phone: 323-822-0936


To submit speakers for or request information about exhibiting or sponsoring at the 2004 conferences, please contact Tinzar Than, VP, Marketing & Events, Digital Media Wire, Inc. at: tinzar@digitalmediawire.com.
 

Past Events | Sponsorship Materials | Partners & Clients
 

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> Featured Advertisement: 

We are pleased to announce the launch of the first annual Billboard Digital Entertainment Conference & Awards, a partnership between Billboard and Digital Media Wire. For entry kit, rules and other details, please visit: www.digitalentertainmentawards.com


Digital Media Law Report
New Featured Section - Volume 3 - 2004

We are pleased to announce that we have added a "Featured Section" to Digital Media Law & Policy Report. We will use this section to provide in depth coverage of certain cases, events and policy developments each month.

Subscriptions
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Order
Volume 3 - Order
 

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o Briefly Noted:

(Newport Beach, Calif.) Acacia Research, a company that claims to hold patents on basic streaming media technology, announced that it has reached its first license agreement with a cable TV operator, in California-based Central Valley Cable TV. Newport Beach-based Acacia has so far won 145 license agreements for its controversial patent, from firms including Disney and Radio Free Virgin. Last month, Acacia filed a number of patent infringement claims against cable and satellite TV firms Comcast, Charter, Cox, DirecTV and EchoStar; Central Valley Cable is the first of the firms targeted to settle and license Acacia's technology.
http://biz.yahoo.com/bw/040706/65263_1.html 
http://www.acaciaresearch.com

(Foster City, Calif.) Live365, an Internet radio network offering listener-programmed stations to 2 million monthly listeners, announced on Wednesday the launch of Radio365, a new application-based Internet radio player for Windows and Mac. The application, available for a one-time fee of $14.95 after a free trial, lets users listen to Live365 on the desktop without pop-ups or other visual ads. The Mac version also allows users to buy songs they hear on Live365 stations directly through Apple's iTunes store.
http://www.live365.com/radio365

(London) U.K. Culture Secretary Tessa Jowell has determined that the BBC's Internet offerings are competing too closely with many commercial websites and has given the public broadcaster four months to redefine its online unit's remit. The BBC Online's fantasy football and entertainment listings were singled out for not being "sufficiently distinctive" from commercial alternatives. In response, the broadcaster said it would shut down the fantasy football and entertainment sites, as well as the sites for online games and soap operas.
http://news.bbc.co.uk/2/hi/entertainment/3866297.stm

(Boca Raton, Fla.) Hollywood Media Corp, a provider of news, information and ticketing covering the entertainment and media industries, announced it has acquired Front Row Marketing, a provider of opt-in emails of movie showtimes services for movie theaters throughout the country. In exchange for the assets of Front Row Marketing, Hollywood Media issued $300,000 of its common stock. Florida-based Hollywood Media said it will integrate Front Row into its AdSource business unit, which provides industry data to movie exhibitors.
http://biz.yahoo.com/prnews/040707/flw007_1.html 
http://www.hollywood.com

(Princeton, N.J.) RCN Corporation, a provider of bundled phone, cable and high-speed Internet services in large U.S. markets, on Wednesday launched a premium subscription-only online music service. RCN interACTION will offer subscribers the ability to stream or download 700,000 licensed tracks from MusicNet through a platform powered by Synacor, for $7.95 per month. New Jersey-based RCN also announced that it has added classic and casual game titles from Oberon Media to its subscription gaming service. New titles will include "Zuma," "SpongeBob" and "Collapse."
http://biz.yahoo.com/prnews/040706/phtu012_1.html
http://biz.yahoo.com/prnews/040707/phw028_1.html 
http://www.synacor.com 
http://www.musicnet.com 
http://arcade.rcn.com

(Torrance, Calif.) Car audio manufacturer Alpine Electronics said on Wednesday that it will ship its in-vehicle iPod digital music player interface adapter to retailers in September. The $100 device, when combined with an Alpine head unit, allows iPod owners to plug in and be able to control and view artist, album and song title information on the Alpine head unit's display. http://www.alpine1.com (Los Angeles) CBS announced that it has for the fourth year running partnered with media delivery technology provider RealNetworks to host 24/7 video streaming from the set of its reality TV series, "Big Brother 5." Fans who subscribe to the service -- available for $24.95 for the entire three-month broadcast or else $9.95 per month -- can watch any one of four live camera feeds from inside the house. The streams will also be available to RealOne SuperPass subscribers.
http://biz.yahoo.com/prnews/040706/sftu081_1.html
http://www.cbs.com/primetime/bigbrother5

(London) RedTV recently launched what it claims to be the first 24-hour, seven-days-a-week Internet TV channel in the U.K. RedTV said it broadcasts a wide range of general entertainment programs, from interactive music-request shows to cooking and interviews with celebrities. The company said users of the channel, which streams at 250Kb/sec, would need Flash Player to view the website and Windows Media Player to watch the broadcasts.
http://redtv.co.uk

(New York) Sirius Satellite Radio, a provider of satellite-delivered digital radio programming, on Wednesday launched Sirius Patriot, a new call-in talk radio channel featuring conservative commentators including Geoff Metcalf, Laura Ingraham and Michael Reagan.
http://biz.yahoo.com/prnews/040707/nyw031_1.html 
http://www.siriusradio.com

(Santa Monica, Calif.) Video game publisher Activision said on Wednesday that it has shipped over 2 million units of its "Spider-Man 2" game for PlayStation 2, Xbox and GameCube to retailers, in conjunction with the release of the Sony Pictures film over the weekend. Santa Monica, Calif.-based Activision also said that its value-priced game publishing label, Activision Value, has partnered with Canadian mobile game developer Airborne Entertainment to publish a mobile version of "Donald Trump's Real Estate Tycoon."
http://biz.yahoo.com/prnews/040707/law062_1.html
http://biz.yahoo.com/bw/040706/65516_1.html 
http://www.activision.com 
http://www.airborne-e.com

(Burbank, Calif.) Disney Interactive, a unit of Buena Vista Games, on Wednesday shipped its "Kim Possible 2: Drakken's Demise" title for Nintendo Game Boy Advance to retailers. The game is based on the popular Disney Channel animated children's series of the same name.
http://bvinteractive.go.com

(Los Angeles) Japanese game developer Square Enix said on Wednesday that the next expansion pack for its massively multiplayer online title "Final Fantasy XI," entitled "Chains of Promathia," will ship to retailers on Sept. 21. The game currently claims 500,000 active players in Japan and North America combined.
http://www.square-enix-usa.com

(Los Angeles) The Los Angeles Times on Wednesday reported on how piracy is affecting the Latin music industry. A band called El Tri, as popular as the Rolling Stones in Mexico, is being dropped from their major label contract with a Warner subsidiary, due in part to the inability to generate any profits on their legitimate recordings. Despite having arrested 129 individuals and seizing over 22 million pirated CDs over a recent nine-month period, the director of the Mexican Association for the Protection of Intellectual Phonographic Rights told the Times, "It's like trying to block out the sun with your finger."
http://makeashorterlink.com/?M26811FB8 
 
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> Classifieds -- Ad Postings

> NMS Imaging Seeing Sales Manager

Sales Professional wanted to build and mentor B2B outside sales team of 12 covering NJ-VA. Ideal candidate has proven experience with office automation equipment sales or similar. Knowledge of selling applied solutions to line-of-business with ROI and business process improvement will make the difference. Seeking excellent presenting, speaking, and people skills with energy and professionalism. Send resume and compensation requirements. employment@nmsimaging.com
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> Senior Account Executive - PR

mPRm Public Relations has an opening for an AE or a SAE in its Emerging Media and Technology practice. Candidates should have at least 3+ years PR experience in technology-related PR, proven media relationships and demonstrated competency in core PR skills, including writing, pitching trade and business press and client relations. SAEs should have the ability to manage their own accounts on a day-to-day basis. Agency experience a plus. Please send resume and cover letter to emtjobs@mprm.com.
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> Financial Pricing/Modeling Analyst

Create and analyze complex financial models of proposals. Collaborate with sales, operations, and finance to validate model assumptions. Provide recommendations to the sales, operations, and finance staff on financial models. Continually improve the standard pricing models. Analyze statements to update assumptions of cost structure. Prepare financial forecasts and budgets. Create operational plans for new business opportunities. Assemble potential operational costs into proposals to create solutions. Send resumes to timothy.r.smith@acs-inc.com
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> Senior Accountant - Online Resources

The Sr. Accountant is responsible for preparing financial statements, reconciliations, journal entries and the general ledger, as well as maintaining fixed assets schedules, assisting with the month-end close and the monthly invoicing processes and completing special projects as required. Requirements: Either a Bachelors degree in acctg. with 3-5 years of accounting exp or an Associates degree with 5 plus years of accounting exp., solid knowledge of accounting principles, skill with Excel spreadsheets and excellent verbal and written communications skills, CPA is strongly desired. Great benefits, and competitive compensation. Send resumes to shahn@orcc.com  or wnewman@orcc.com
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> Wholesale Product Manager - Cavalier Telephone

Candidate should have deep understanding of the Carrier market including traditional circuit based transport/switched providers and VO/IP backbone providers. Experience in FCC Type I special access circuit pricing and Carrier/Cap provider pricing structures. Require: 5 plus years marketing and strategic development mgmt exp. targeted at the Wholesale/Carrier local, national, and international marketplace. 4-Year Business/Marketing degree, MBA. Technical certifications in telecom systems a plus. Great benefits, rewarding compensation program, medical and dental, 401K. Please email resumes and salary requirements to humres@cavtel.com
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> Director E-Business

Immediate opening for a Director, eBusiness to direct, manage and be accountable for the Company's eBusiness P&L. Key Responsibilities: Manages eBusiness P&L, Build eBusiness through stages including small order transition, customer integrations, customized extranets and organic growth. Require: Degree or equivalent experience in Business, Marketing, or related field of study. 7 to 10 yrs of related exp. in eBusiness, Min 5 yrs of mgmt exp reqd. Proven leadership abilities. Land base to e-commerce experience, launching stand alone second commerce. Send inquiries to melon.yeshoalul@gtsi.com
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> Financial Planning Analyst

This position will provide in-house support to the CFO and CEO for financial analysis, actuarial studies and financial forecasting, support premium rate studies, reserve valuations, reinsurance administration and financial projections and ensure that all documentation complies with Company policy and professional standards. Responsibilities: working with the CFO, prepare financial modeling and forecasts. Conduct financial analysis projects and special statistical studies as needed to support projection; support the Consulting Actuary. Please send resume to kstephens@hirestrategy.com  or visit http://www.hirestrategy.com/quicklinks/hire198.asp
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> Product Manager

This Product Manager position will be responsible for specifying the requirements and overseeing development of new trusted data exchange applications on an innovative infrastructure for carrier-class deployment in the mobile environment. Require: Exp. in mobile carrier application product development, exp. in User Interface development and evaluation, 5yrs software engineering and development background reqd, knowledge of carrier billing and class of service, Ability to manage product development program reqd, Excellent writing and presentation skills required, Must be able to travel. Please send resumes to amy.ashker@epok.net
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> PricewaterhouseCoopers' Entertainment and Media Outlook

Purchase the book every entertainment and media executive must have. The PricewaterhouseCoopers' Entertainment and Media Outlook: 2003-2007 analyzes key trends and forecasts spending in the U.S. and Canada across 14 industry segments, including a Global Overview that forecasts spending and analyzes trends worldwide (also sold separately). More Information
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> Executive Networking Meeting - Going International, July 20th

Going International too late can cause you to miss the boat on great opportunities - are your competitors already making headway in some of these markets? Perhaps without your knowledge? But going International too early can also cause a company to lose focus if it's not ready to do so yet. If you're already executing on an International strategy, this session will help you make sure you get the most out of it. And if you haven't yet defined an International strategy, this session will help you shape it. http://www.netsea.org/events_info.shtml
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> Audio Conference - Homeland Security Contracting - July 27

Spending on homeland security is growing at an unprecedented pace at state, local and federal levels. During its first year, the Department of Homeland Security signed over 18,500 contracts for goods and services from US companies of all sizes. Join the Institute of Management and Administration (IOMA) and our panel of contracting experts in this 90-minute audio telephone conference to find out how proper marketing and product strategy can make all the difference in your DHS bid. Click the link below for information and to register: http://www.homeland-directory.com/contracting.html

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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 international network of publications that includes Digital Media 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.

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