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COURT ORDERS REMOVAL OF NAPSTER FILES San Francisco It was a packed house on March 2 at the U.S. District Court in San Francisco for the ongoing Napster


San Francisco — It was a packed house on March 2 at theU.S. District Court in San Francisco for the ongoing Napster trial.Lawyers for both Napster and various members of the record industrywere in attendance to evaluate re-submitted injunctions, as wasrequired by the Ninth Circuit Court on February 12. U.S. DistrictJudge Marilyn Hall Patel issued her revised injunction against thefile-sharing company on March 5.

The new injunction outlines the requirements imposed uponNapster to stop users from downloading illegally distributed musicfiles. The injunction reads: “Once Napster ‘receivesreasonable knowledge’ from any source identified of specificinfringing files containing copyrighted sound recordings, Napstershall, within three business days, prevent such files from beingincluded in the Napster index.”

Concurrent with the preliminary injunction, Patel ordered thatthe recording industry bears the responsibility to deliverinformation by an “industry-accepted, computer-readableformat” to Napster that includes the title of the work, thename of the recording artist, the file name available on theNapster system and a certification that the plaintiffs own orcontrol the file.

Napster also told Judge Patel on March 2 that the company wasinstalling its own filtering software to block nearly 1 millioncopyrighted files. According to David Boies, lead counsel forNapster, the filtering software allows users to post files toNapster’s index but inserts a blocking mechanism between the useruploading the file and a different user viewing the index;therefore, users cannot download an infringing file because it doesnot show up on the index. However, users are currently able toaccess some infringing files by simply rewording song titles, suchas typing in Metallica’s “Fade to Black” as “Fade2 Black.”



EveAnna Manley, CEO of Manley Laboratories Inc., and GeorgeMassenburg, CEO of GML Inc., announced the beginning of productionof GML audio peripheral products by Manley Labs. GML will vacateits current manufacturing facility in Van Nuys, Calif., and moveall of its equipment and production staff to Manley Labs in Chino,Calif.

GML production testing, peripherals service, and automationsupport and service will relocate to Franklin, Tenn., where theR&D lab already resides. This facility will be directlysupervised by Massenburg.

“I have admired EveAnna Manley’s production capability fora long time,” Massenburg said. “I thought, ‘Whyshould I be tearing my hair out trying to duplicate this? We shouldjust team up.’”

Manley said, “GML is the high-end, solid-state equivalentto our high-end vacuum tube gear. It fits perfectly. But it’s theopportunity to work with George that is really exciting forus.”

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The Mix Foundation for Excellence in Audio recently announcedthe distribution of the proceeds from the 2000 TEC Awards. Morethan $45,000 was given to the House Ear Institute’s Sound PartnersProgram, H.E.A.R., the AES Educational Foundation, SPARS, BerkleeCollege of Music, Ex’pression Center for New Media, Institute ofAudio Research, Middle Tennessee State University, University ofMassachusetts-Lowell, University of Miami and the University ofSouthern California. The TEC Awards Scholarship Grant was awardedto Edgar Loor, a student at MTSU.

Mix L.A. Open Date Announced: The sixth annual Mix L.A. Open,sponsored by the Mix Foundation, is scheduled for Monday, June 11,at the Malibu Country Club. This year, the event will feature asilent auction, and a BMW roadster will be the prize at a specialHole-in-One Contest. Space is limited, so make your reservationsearly. For information about sponsorships or entry fees, go or contactKaren Dunn at 925/939-6149 or [email protected].

Scholarship Applications Available: Applications are nowavailable for the 2001 TEC Awards Scholarship Grant. For anapplication form, send your request to TEC Awards, 1547 PalosVerdes Mall #294, Walnut Creek, CA 94596, or download it No phonecalls, please.

Industry Notes

Numerous announcements at Telex (Burnsville, MN): Jun Taniguchiwas named president of EVI Audio in Japan; Ernie Lansford is thenew VP of professional development and marketing communications, aswell as being responsible for Telex Academy; Bill Gelow, directorof engineering for speakers; Robert Eaton, chief engineer formicrophones and microphone-related products; and Randy Siefert,trade show manager…Solid State Logic (Oxford, UK) hired twonew product specialists: John Pastore will be based out of the NewYork office, and Ryan Hewitt will be based out of the…Digigram (Montbonnot, France) announced the formationof Digigram Europe, which will provide sales and customer supportin Europe, Africa and the Middle East. The company also announcedthe hiring of Cynthia L. Hall as product supportmanager…After seven years as the head of the antitrustdivision of the U.S. Department of Justice, Joel Klein joinsBertelsmann (NYC) in the newly created position of U.S. liaisonofficer…Alan T. Rosen and Cristina L. Miyar have moved up inthe ranks at design/acoustics firm Charles M. Salter Associates(San Francisco) as VP and principal consultant,respectively…Schoeps (Karlsruhe, Germany) appointed ReddingAudio Inc. (Newtown, CT) as its exclusive importer and distributorfor the U.S.…Hong Kong-based Advanced Communication EquipmentCompany Limited is the new distributor for Shure (Evanston, IL)products in China and Hong Kong…Lory Electronics (Playa delRey, CA) named Network Pro Marketing (Los Angeles) as itsdistributor for both domestic and foreign clients…Bag End(Barrington, IL) reached a distribution agreement with Art of Sound(Tonsberg, Norway) to handle Norwegian customers…Furman Sound(Petaluma, CA) appointed International Sales to represent its linein South America, Central America, Asia, the Middle East andEastern Europe. In other company news, Paul Krabbe was promoted toshipping manager…Korg (Melville, NY) announced many newhires: David Spann, product specialist for guitar-related products;Mike (Mac) McCormick, district sales manager for Minnesota, Northand South Dakotas, Nebraska, Iowa and western Wisconsin; JimmyGumina, retail marketing representative; and Chris Rance, creditmanager…DSP Media (Studio City, CA) expanded Daxco Ltd.’s(Singapore) distributorship to Cambodia, India, Indonesia, Laos,Malaysia, Philippines, Singapore, Thailand and Vietnam…Newmarketing reps over at Community Professional Loudspeakers(Chester, PA): Right Track Marketing (Whitestone, NY) will directsales throughout New York City and northern New Jersey; Bay RoadsMarketing Group (Sharon, MA) handles Maine, New Hampshire, Vermont,Massachusetts, Connecticut, Rhode Island and portions of upstateNew York; McFadden Sales Inc. (Columbus, OH) covers Indiana andKentucky; CM Sales Inc. (Redford, MI) treks through Michigan; andSecom (Atlanta) manages Alabama, Georgia, Mississippi, North andSouth Carolinas and Tennessee…Circuit Research Labs Inc.(Tempe, AZ) promoted Kevin Clayborn to product manager for thecompany’s Amigo Series, while Bryant Jones now serves as salessupport manager.


Who: Mark Terry

What: President of Harman Pro Group Worldwide

Main Responsibilities: “To help create a morecollaborative environment between all of the Harman Pro companies,one where the individual ‘centers of excellence’ thathave made each brand a leader can benefit the other companieswithin the group. It’s kind of like taking a neighborhood ofseparate houses and pulling them into a more tightly knitcommunity.”

Previous Lives:

  • President of Harman Pro Group North America, 1998 to present
  • President of JBL Professional, 1995 to 1998
  • Executive VP of sales and marketing at JBL International, 1989to 1995
  • Worldwide VP of marketing at New England Digital Corporation
  • National Recording and Trident, early ’80s

Unusual highlights: “At National Recording, it would haveto be doing the music for the Miss America Pageant (a real hoot!)and the music for Disco Ferrantte & Teicher, a disco ConnieFrancis album.

“At Trident, I sold and rebuilt — 24 hours beforethe premiere — the console for Cats!. I also sold an AKQ-Lock to the Hit Factory for the album John Lennon was working onwhen he was assassinated.

“At New England Digital, I staged the Sting concert in1987 at the old Palladium (those key chains are still floatingaround the industry), and I sold a Synclavier to the Sultan ofBrunei. (For what, I don’t know!)”

In the CD changer: “Matchbox 20, Bonnie Raitt, Everclear,Sting, The Wallflowers, Santana.”

Book(s) on his bedside table: “Raising Cain (a book onfathers and sons, and I have one), Who Moved My Cheese (part of ourlives is constantly changing), Harry Potter (I have to read to mykids, because I can’t make up fairy tales like my mother did) andNothing Like It in the World (the story of building thetranscontinental railroad).”

Favorite films: “The Green Mile (because life is all toofleeting), Cider House Rules (because it’s a film that shows thatanyone and everyone can make a difference), Good Will Hunting(because there are many different kinds of intelligence) and ARiver Runs Through It (because I love to fly fish).”

When I’m not at work, I’m usually off doing…“Mypassion is SCUBA diving, especially in pristine, remote locations.I have been fortunate enough to dive [in] many of the greatunderwater sites in the world, such as off the coast of Egypt inthe Red Sea, Micronesia, Thailand, Kenya, Honduras, Fiji and manyothers. Having made my livelihood from sound over the past 24years, I enjoy nothing better than the quiet solitude of being 100feet underwater on a night dive.”

HOT LINKS Korg’s new improved Website now offersonline demos, product updates, dealer locator and online productregistration. Pomona Electronics’re-engineered Website now offers an online version of its catalogthat is also available as a PDF to download., Users canenter either of these URLs and access either company’s combinedWebsite. AKG’s U.S. Website. Neumann archives are now available, includingproduct info and technical articles. Seer Systems has completed a newWebsite to support a new direct sales service for Internet-basedpurchases.