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SCRATCH DJ GAME LLC VS ACTIVISION PUBLISHING INC ET AL
Case Number: BC411687
http://www.lasuperiorcourt.org/civilCaseSummary/index.asp
Timeline of alleged facts (and other publicly known information on the DJ games, as noted):
• February 26, 2008 - Genius Products signed a developer agreement with 7 Studios contracting the studio to build Scratch: The Ultimate DJ as a work for hire. The agreement set up different delivery milestones for the project.
• October 2008 - 7 Studios falls behind on the Scratch: The Ultimate DJ production schedule, S.DJ says.
• October 7, 2008 - Scratch: The Ultimate DJ announced. Screenshots start to appear around the internet.
• October 27, 2008 (approximately) - gaming blog Joystiq reports it’s gotten confirmation Activision is officially doing a DJ Hero game. (Ed. Note – this is outside info not included in the lawsuit claims)
• December 2008 - 7 Studios asks S.DJ (often referred to as Genius Products in the court filings) to make an early milestone payment because the studio is running out of money and won’t be able to meet year-end payroll otherwise.
• January 2009 - Following tests of the game, S.DJ wants to make changes outside the scope of the original development agreement. The two sides begin negotiating to reach amended terms. These talks will span months.
• January 2009 - With screenshots of the game in the wild, S.DJ begins to get inquiries about purchasing Scratch: The Ultimate DJ from “notable game publishers.”
• January 5, 2009 – 7 Studios fails to meet a contractual development milestone, delivery of the Alpha version of the game.
• January 26, 2009 – 7 Studios tells S.DJ it’s out of money and can’t make payroll.
• January 30, 2009 - Activision formally announces existence of DJ Hero.
• February 2009 - More Scratch screenshots circulating.
• February 2, 2009 – 7 Studios says it may furlough staff to stay afloat.
• February 3, 2009 – Activision and S.DJ (Genius) sign a mutual N.D.A. in order to discuss a possible deal.
• February 6, 2009, S.DJ (Genius Products) pays 7 Studios $303k, ahead of schedule.
• February 20, 2009, S.DJ (Genius Products) pays 7 Studios another $250k, also as an advance ahead of schedule.
• February 26th, 2009 - 7 Studios CEO emails S.DJ (Genius) telling them that i. Activision is largely interested in buying Scratch: The Ultimate DJ to keep it out of a competitors hands,snf ii. Activision is considering buying 7 Studios because it “doesn’t want [the game] to ship this year”. 7 Studios CEO also tells S.DJ that Activision has “ways to get what they want that would leave Genius in a very difficult position, possibly with nothing.”
• February 26th, 2009 - S.DJ (Genius) demonstrates the game for Activision and Activision asks them to provide an outline of the development costs to date.
• March 12, 2009 - Activision offers to buy the game from S.DJ (Genius) for a price “roughly equal” to the game’s costs. S.DJ (Genius) rejects the offer the next day and the companies make counter offers.
• March 19, 2009 - Activision tells S.DJ (Genius), it’s sticking to its original offer and announces its signed a letter of intent to buy 7 Studios.
• March 23, 2009 - DJ Hero website from Activision goes live. Offers sign up page for ‘more information’
• April 2 and 3rd, 2009, S.DJ and 7 Studios work to reach an amendment to their original agreement for the modified work S.DJ is requesting. 7 Studios asks for a new payment structure that S.DJ says is commercially unreasonable and in bad faith. S.DJ terminates the prior development agreement and requests all work product be made available to be picked up.
• April 9, 2009 – 7 Studios refuses to provide the game controllers and code to S.DJ.
• April 14, 2009 – Lawsuit filed in Los Angeles. Case number is BC411687.
Source: http://seekingalpha.com/article/131028-activision-likely-to-plea-innocent-in-dj-music-game-lawsuit
Activision made some bad decisions, resulting in a lawsuit from Genius Products. What I don't get is Activision had the cash, why didn't they just attempt to buy Genius Products outright? Instead, Activision has a nasty lawsuit on their hands. Sell now, IMO.
"GNPI is releasing Scratch: The Ultimate DJ in a few months. I wonder if it would be cheaper for ATVI to buy the company outright than to design / develop DJ Hero."
Genius Vs. Activision/7 Studios: The Complaint Analyzed
Gamasutra has received a full copy of the lawsuit filed by Genius Products and Numark against 7 Studios and Activision over DJ title Scratch, and runs down the allegation and timeline in detail here.
In analyzing the full 30-page complaint, for those not interested in reading through all of the legal jargon, here are some notable highlights from both the complaint overview and the claimed chronology.
The Legal Complaint
Although much of the initial allegations are outlined well in Genius Products' and Numark's initial statement about the lawsuit, it's worth noting that the duo are claiming that Activision is particularly interested in Scratch due to how far on in development DJ Hero is.
As quoted: "Activision... is concurrently developing its own competing DJ-band video game to be marketed as part of its Guitar Hero game franchise under the name DJ Hero. Scratch DJ, however, is believed to ahead of Activision in terms of the development of, and scheduled release date for, the Game."
The suit then claims that Activision negotiated to acquire Scratch, but "negotiations ceased after Activision learned from Genius that its game developer, 7 Studios, was behind in the contractual development schedule for the Game and that Genius and 7 Studios were close to signing a revised development schedule."
"When Activision attempted to renegotiate its offer price, suggesting a substantial reduction in price, Genius terminated negotiations and entered into a joint venture with Numark to finish the development of the game."
At this point, Genius claims, Activision "embarked on a sinister strategy of intentional interference and unfair competition", purchasing "the financially-troubled 7 Studios in order to delay and prevent the completion of the Game - in effect holding its competitor's game hostage."
Scratch DJ: The Timeline
The suit then lays out the timeline of the game's development and the controversy, revealing several notable claims along the way. Firstly, the development agreement was signed between Genius and 7 Studios on February 26th, 2008, and the terms of the deal were such that all IP was signed over to Genius.
According to Genius' suit, by October 2008, 7 Studios had fallen behind in its development schedule. At that time, 7 Studios CEO Lewis Peterson informed Genius that the developer "had lost a significant client and was having trouble making payroll." (It's believed by Gamasutra that this client was failing movie-game publisher Brash Entertainment.)
From there, 7 Studios assigned extra staff to the game, but "was still ultimately behind schedule." Nonetheless, Genius made a milestone payment early in December 2008 "in order to allow 7 Studios to make its year-end payroll and provide bonus payments to its staff. Although not required to do so, Genius complied with this request."
From there, on January 26th 2009, Peterson informed Genius that 7 Studios "was out of cash" and that it would be unable to make its payroll and "get basic services ([such as] health insurance) back online."
On February 6, 2009, Genius wired an early milestone payment of $303,000 to 7 Studios, despite the fact "it had not yet performed the work associated with that Milestone", according to Genius.
Following focus tests in January 2009, 7 Studios and Genius looked to expand the scope of the game and provide a revised milestone schedule. But on February 2, 2009, Peterson told Genius that 7 Studios was "considering an unpaid furlough of its employees because it was behind on its payroll."
Moreover, on February 11th Peterson said to Genius that "things will be bad over here" unless Genius made an extra unscheduled payment, so on February 2009, Genius advanced an additional $250,000 to 7 Studios "solely to protect the millions of dollars already invested in the game and again so that 7 Studios could make its payroll obligations."
Activision - The White Knight Arrives?
Genius then claims that, starting in January 2009, the company "received inquiries from a number of notable video game publishers seeking to purchase the game." On January 27, 2009, 7 Studios' Peterson introduced Genius to a friend -- who turned out to be RedOctane SVP Laird Malamed -- asking about the game.
Although Genius was "wary of entering into negotiations with Activision", due to the competing product set, they did so nonetheless, and signed a mutual NDA on February 3rd, 2009.
Crucially, on February 26th, 2009, Peterson emailed Genius about a conversation he had with Activision, mentioning that Activision was interested in who else might want to buy the game, and saying "if they [Activision] find out [that competitor] is not in the running, the interest level/value drops significantly."
Even more notable, Peterson claimed that Activision was thinking about buying 7 Studios and that the firm "do[es]n't want [the game] to ship this year." He said Activision's purchase of 7 Studios would accomplish this because Activision "would then control the developer and would have a lot more control over how development went and when the game finished."
He noted that Activision "would be in a much better negotiating position with Genius" after buying 7 Studios, and ended by saying that Activision "ha[s] ways to get what they would want that would leave Genius in a very difficult position, possibly with nothing."
From there, Genius demonstrated the game to Activision, and on March 12th, Activision proposed a purchase price that was roughly equal to Genius' costs and did not "include the value of the intellectual property of the game" which it was previously assured it would do.
Genius, Activision Talks Break Down
From there, Genius rejected Activision's offer on March 13th, with Activision business/legal SVP Greg Deutsch saying on a phone call that "Scratch as an IP has no value", because "no one knows what Scratch is."
Deutsch then claimed that Genius should be worried about the game infringing patents held by Konami and Activision (and previously discussed on Gamasutra), and that Genius would run into "a legal buzz saw" unless it shipped the game with Activision. He also said the game would not "see the light of day" unless distributed by Activision.
At this point, offers were discussed for four days, but then Activision said it was "reverting to its opening offer for the game", due to the fact that it "had entered into a binding letter of intent to purchase 7 Studios" -- a deal that has now gone through.
Genius believes that Activision acquired 7 Studios so the firm can "produce and/or enhance its own 'disc jockey-style' video game" and/or "impede the remaining work required by 7 Studios on the game in order to keep the game from being completed and going to market as scheduled", ahead of DJ Hero.
Post-Acquisition, Things Get Hostile
Following the acquisition, 7 Studios and Genius continued to work on a revised Scratch contract, but apparently, on April 3rd, when they met to sign it, 7 Studios "surprised Genius by presenting new, commercially unreasonable, bad faith and punitive terms and refused to execute the new amendment, instead demanding more than twice the additional development fees that Peterson had quoted in January 2009 and insisting on other additional and onerous terms."
Some of the terms included monthly payment, separate of milestones, with rights reverting to 7 Studios if any were late, as well as "a carve out from 7 Studios' indemnification requirements for potential payment infringement."
Following this, Genius decided to terminate the developer agreement and take over development "rather than continue to negotiate with a developer controlled by its competitors."
This happened on April 3rd, but it's claimed that 7 Studios rejected the termination and would not hand over work, including in progress builds of the game. It also has not returned the "nine custom-manufactured turntable and beat-button game controllers" belonging to Numark.
On April 4th, 7 Studios specifically instructed the security guards at their office "to prevent Michael Rubinelli and Fred Galpern of Genius from accessing 7 Studios' office."
The legal document ends in Genius and Numark asking for an injunction from 7 Studios making a competitive game "for one year after release of the game", and disclosing Scratch DJ's trade secrets. It also asks for damages and attorneys' fees, and a jury trial.
Source: http://www.gamasutra.com/php-bin/news_index.php?story=23206
Link to Scratch DJ Game Complaint vs Activision Publishing Et Al:
http://www.scribd.com/doc/14234613/041409-Scratch-DJ-Game-Complaint-vs-Activision-Publishing-Et-Al
Scratch DJ Sues Activision: Is DJ Hero In Jeopardy?
A pair of indie gaming companies may have tossed a wrench into Activision’s plans to piggyback on the success of its Guitar Hero franchise with the upcoming DJ Hero game. Genius Products and Numark Industries, the two companies behind the as-yet-released Scratch: The Ultimate DJ game, have filed a lawsuit in California against Activision (NSDQ: ATVI) and developer 7 Studios for “intentional interference with contract, breach of contract, conversion and misappropriation of trade secrets.”
Activision tried to acquire the rights to Scratch; once Genius rejected the offer, Activision went on to acquire 7 Studios. The problem is, the developer was still under contract (complete with a non-disclosure and confidentiality agreement) to make the game for Genius.
Genius is arguing that its proprietary trade secrets were exposed, and that the two companies conspired to keep the Scratch from getting to market by withholding “work product,” including code and the signature turntable-style controller. Genius and Numark are seeking “substantial damages.”
“We believe that Activision and 7 Studios have improperly used confidential information obtained from Genius and 7 Studios to interfere with our efforts to complete the game,” said Genius President and CEO Trevor Drinkwater, in an official statement. “In short, we believe that Activision is attempting to sabotage the release of our much anticipated game and prevent it from getting to market prior to the release of DJ Hero.”
Source: http://www.paidcontent.org/entry/419-scratch-dj-sues-activision-is-dj-hero-in-jeapoardy/
Activision Scratches Up a Lawsuit
Makers of Scratch DJ game allege wrongdoings.
April 14, 2009 - The makers of Scratch: The Ultimate DJ have sued Activision, claiming the publisher breached confidentiality agreements and conspired to prevent Scratch from being completed and shipped to market in a timely fashion. The lawsuit asks for "substantial damages" as well as other "injunctive relief." The suit was filed by Scratch DJ Game, a joint venture of Genius Products and Numark Industries, in California and announced today.
According to the release announcing the lawsuit, Activision approached Genius Products with an offer to acquire the game. After the offer was rejected, the suit alleges that Activision then began the process of acquiring the developer of Scratch: The Ultimate DJ, 7 Studios, while under a non-disclosure agreement. The suit further alleges that after 7 Studios was acquired by Activision, the two companies conspired to prevent Scratch from reaching market by, "withholding work product, code and the proprietary game controller."
Trevor Drinkwater, President and CEO of Genius Products, offered this statement, "We believe that Activision realizes the tremendous opportunity that our game, Scratch, represents to the video game industry, the retail marketplace and the consumer. After demonstrating our game, pursuant to the confidentiality agreement with Activision, we believe Activision concluded that Scratch: the Ultimate DJ is a superior offering to their prospective game, DJ Hero. We believe that Activision and 7 Studios have improperly used confidential information obtained from Genius and 7 Studios to interfere with our efforts to complete the game. In short, we believe that Activision is attempting to sabotage the release of our much anticipated game and prevent it from getting to market prior to the release of DJ Hero."
Source: http://xbox360.ign.com/articles/972/972834p1.html
Genius Products GNPR Ihub Forum: http://investorshub.advfn.com/boards/board.aspx?board_id=6229
Scratch DJ Game LLC Sues Activision and 7 Studios for Intentional Interference with Contract, Breach of Contract, Conversion and Misappropriation of Trade Secrets
By: Business Wire
Apr. 14, 2009 06:45 PM
Scratch DJ Game LLC, a joint venture between Genius Products, LLC (“Genius”) and Numark Industries LLC (“Numark”), announced today that it has filed legal action against Activision Publishing, Inc., a subsidiary of Activision Blizzard, Inc. (NASDAQ:ATVI) (“Activision”), and California 7 Studios (“7 Studios”) and its Chief Executive Officer, Lewis Peterson, in the State Court of California seeking injunctive relief. The suit alleges that Activision has engaged in intentional interference with contract, breach of contract, conversion and misappropriation of trade secrets obtained from Genius to purchase 7 Studios, which is under contract to develop the much anticipated new Hip Hop video game, Scratch: The Ultimate DJ (“Scratch”). The suit alleges that Activision and 7 Studios have conspired to withhold the current version of Scratch in an effort to delay the development and release of Scratch and to gain access to proprietary technology. In addition to substantial damages, Scratch DJ Game LLC is asking the court to order the game’s immediate return, and other injunctive relief.
Prior to undertaking these wrongful actions, Activision approached Genius with an offer to acquire Scratch. The offer was rejected. It is alleged that Activision then commenced the process of acquiring Genius’ contract developer, 7 Studios, while under a non-disclosure and confidentiality agreement with Genius. It is also alleged that after Activision acquired 7 Studios, the two companies began conspiring to prevent Scratch from getting to market on a timely basis by withholding work product, code and the proprietary game controller.
“We believe that Activision realizes the tremendous opportunity that our game, Scratch, represents to the video game industry, the retail marketplace and the consumer. After demonstrating our game, pursuant to the confidentiality agreement with Activision, we believe Activision concluded that Scratch: The Ultimate DJ is a superior offering to their prospective game, DJ Hero,” stated Mr. Trevor Drinkwater, President and CEO of Genius Products, Inc. “We believe that Activision and 7 Studios have improperly used confidential information obtained from Genius and 7 Studios to interfere with our efforts to complete the game. In short, we believe that Activision is attempting to sabotage the release of our much anticipated game and prevent it from getting to market prior to the release of DJ Hero.”
Jack O’Donnell, Chief Executive Officer of Numark, added, “We also firmly believe the recent actions by 7 Studios are an obvious breach of the development agreement and we look forward to receiving our work product and property back, and completing and successfully launching our game on schedule.”
Scratch combines DJ tricks with great free-form game play. Scheduled to arrive in stores during the fall of 2009, Scratch is set in distinctive urban environments and features songs from the biggest names in Hip Hop such as Kanye West, Lil’ Wayne and Black Eyed Peas. Players can choose from a diverse array of DJ personalities to make their way from bedroom DJ to headlining DJ at the hottest nightclubs. Scratch players use a realistic turntable controller to manipulate music tracks in real-time. Called the Scratch Deck, the controller features a touch-sensitive turntable and authentic Akai Professional MPC-style drum pads, and puts the iconic tools of the DJ and Hip Hop music producer in the hands of the player. The Scratch Deck was developed by Numark, the world’s leading manufacturer of DJ equipment.
Genius chose to work with Numark on the development of the controller for Scratch based on Numark’s unmatched innovation and position in the world of DJ products. DJs have been using Numark gear to produce scratches, breaks, and beats for more than 30 years, and the company has developed a number of products that have changed the landscape of the DJ world. Numark’s expertise with hardware controllers for digital DJ software made them the perfect partner on Scratch.
Mr. O’Donnell stated, “By leveraging our 30 years of world leading expertise in DJ equipment design we are able to provide gamers with an extremely realistic turntable controller, Scratch Deck, which will be sold in conjunction with Genius’ video game, Scratch: The Ultimate DJ. The industry feedback on our controller and the video game has been very positive and we are excited about this growth opportunity. Our goal is to provide a realistic controller for the game where the player can actually learn how to be a DJ. The controller, unlike our competitors’ offerings, simulates real gear used by professional DJs.”
About Genius Products
Genius Products, Inc. (GNPR.PK) is the owner of Genius Products, LLC, a leading independent home-entertainment distribution company that produces, licenses and distributes a valuable library of motion pictures, television programming, family, lifestyle and trend entertainment on DVD and other emerging platforms through its expansive network of retailers throughout the U.S.
About Numark Industries
Numark Industries is the global leader of professional DJ and audio equipment, and is known for providing progressive breakthrough technology. Since 1971, Numark has designed and delivered hundreds of innovative DJ products, resulting in numerous music industry "firsts”. Today, the company is at the forefront of the digital DJ revolution, and is recognized for creating the best hardware controllers for professional and semi-professional DJ software in the industry. The team at Numark, under its Ion Audio division, has also enjoyed success in developing music gaming peripherals, having produced and distributed the award-winning Drum Rocker, the Premium Drum Set Controller for the Rock Band music game franchise. For more information, visit www.numark.com; images are available at http://www.numark.com/media
Source: http://au.sys-con.com/node/919931
Infected Hits DVDs May 19th
Gil Bellows (TV’s “Ally McBeal”), Golden Globe nominee Judd Nelson (The Breakfast Club), Golden Globe and Emmy-nominee Isabella Rossellini (Blue Velvet, Death Becomes Her) and Maxim Roy (A Woman Hunted) star in the sci-fi thriller Infected, debuting on DVD May 19 from Genius Products and RHI Entertainment. Ben (Bellows) and Lisa (Roy), disgruntled reporters for The Boston Daily, are looking for stories to match their ambitions. They find the story of a lifetime when the mayor is assassinated-not by a crazed gun nut, but by a terrified man desperate to stop an alien invasion of “infectious” proportions. Starting in the highest echelon of government, the infection is quickly spreading. To stop it, Ben and Lisa must infiltrate its terrifying source, hunted every step of the way-like humans. Infected will be available on DVD for $14.95 SRP
Infected was directed by Adam Weissman and is a production of RHI Entertainment. Francois Sylvestre produced with Robert Halmi Sr., Robert Halmi Jr., and Michael Prupas serving as executive producers.
DVD BASICS:
Price: $14.95 SRP
Street Date: May 19, 2009
Pre-order Date: April 14, 2009
Genre: Sci-Fi
MPAA Rating: TBD
Languages: English
Running time: 84 minutes
Catalog Number: 1000606
UPC: 796019820240
Source: http://www.shockya.com/news/2009/04/14/infected-hits-dvds-may-19th-plus-details/
I got my Chapter 11 notice in the mail today too, the funny thing is I no longer have a position in CHTRQ as it is headed lower IMO.
'Steam Experiment' likely to get new name before Grand Rapids opening May 5
Creating "Chaos": Val Kilmer portrays an unstable man in "The Steam Experiment."
By the time "The Steam Experiment" debuts locally May 5, it probably won't be called "The Steam Experiment" anymore.
The film, shot in Grand Rapids last September, likely will be rechristened "The Chaos Experiment" by distributor Genius Products, which bought its DVD rights from Georgia-based production company Cinepro Pictures.
"As of this moment, in fact, there is no such film as 'The Chaos Experiment,' but we anticipate, by the time it shows on May 5, it will include the new title," said Warren LaFray, director of production and legal manager for Cinepro. "Nothing about the film has changed but the title, though."
LaFray wouldn't speculate exactly why Genius is making the change, saying Cinepro, having sold the rights, had no influence in the decision.
"This happens often," producer Luc Campeau said. "It's not out of the ordinary (in the film business)."
Campeau said the May 5 premiere at Celebration Cinema North, 2121 Celebration Drive NE, will be invitation-only for local cast and crew, and the plan is to have media outlets distribute any remaining tickets. Afterward, the public will be able to watch the film during a weeklong run, with proceeds from ticket sales benefiting the West Michigan Film Office. More details are yet to be announced.
"The people at Celebration have been terrific about arranging the fundraiser," said Rick Hert, director of the West Michigan Film Office.
"It'll be great to have our big family in Grand Rapids at the screening," Campeau said.
"Steam," which debuted in March at the Gasparilla Film Festival in Tampa, Fla., was directed by Cinepro CEO Philippe Martinez. It stars Val Kilmer as a mentally unstable man who locks several people in a steam room, slowly turning up the heat; he plays verbal cat-and-mouse games with a police detective played by Armand Assante.
Recognizable locations in the film include the carousel in the Van Andel Museum Center, the Amway Grand Plaza Hotel and The Grand Rapids Press offices. Genius plans to release it on DVD in June.
Campeau likely will be the only representative of the film in town for the May 5 screening.
He also will be scouting potential locations for Martinez's next directorial effort, a $25 million budgeted CGI-heavy thriller called "Tribes of October."
"We're preparing an application (for the Michigan film incentives) now, to shoot it in Grand Rapids," Campeau said. "We're not certain if we'll shoot there -- we're analyzing all our options right now."
The producer was calling from Tel Aviv, Israel, where Martinez is shooting a five-minute promo for "Tribes." Martinez will be shopping the clip to distributors at the Cannes Film Festival in May and, therefore, won't be attending the Grand Rapids screening. Campeau said they'll be traveling to Romania next week to look at possible locations, as well.
According to the Cinepro Web site, cinepropictures.com, "Tribes" takes place in post-apocalyptic New York City, where all post-1960 technology no longer functions, and a cop fights to rescue his lover from a gangster. A cast has not been announced but should be confirmed soon, Campeau said.
Source: http://www.mlive.com/entertainment/grand-rapids/index.ssf/2009/04/steam_experiment_likely_to_get.html
135,218 Outstanding Shares as of April 3, 2009
Source: http://pinksheets.com/pink/quote/quote.jsp?symbol=gnpr
Michael Rubinelli, Senior VP of Game Development, Genius Products
Michael Rubinelli is the Senior Vice President of Game Development at Genius Products LLC. As the Senior VP, Rubinelli oversees the production of Scratch: The Ultimate DJ and is actively collaborating with top music executives from major and independent record labels to secure the most popular artists for the game. As the first rhythm/music game for fans of hip-hop and R&B, Rubinelli is dedicated to creating an unparalleled urban music experience for gamers.
A 17-year videogame industry veteran, Rubinelli started his career in 1991 with Electronic Arts, as a producer of EA's acclaimed sports franchises. His primary focus was overseeing the production of John Madden Football. In 1994, Rubinelli was honored as "Top Producer of the Year" for his work on John Madden Football, Bill Walsh College Football and MLBPA Baseball.
In 1996, Rubinelli joined Williams Entertainment as their first-ever Vice President of Product Development. While building what later became Midway Home Entertainment, he was responsible for delivering multiple versions of the Mortal Kombat franchise, in addition to Cruisin' USA, NBA Hangtime and NFL Blitz.
Rubinelli was then hired by THQ Incorporated as the Vice President of Product Development, in an effort to raise the company's revenue numbers as well as THQ's profile within the development community. During his tenure, the company enjoyed a 250 percent growth in revenue and a 275 percent growth in net operating income.
Source: http://lagamesconference.com/speakers09.shtml#m_rub
Top Gaming Executives Converge in Hollywood at LA Games Conference, April 28 - 29, 2009
The Evolving World of Gaming: Leading Players from Electronic Arts, PopCap Games, Microsoft, Best Buy Capital, Nokia, NBC
Universal,Paramount and many more.
LA Games Conference http://www.lagamesconference.com/ to be held at the Hollywood Roosevelt Hotel in Los Angeles on April 28 - 29, 2009, will feature many of today's most successful, multi-platform companies representing the latest emerging business models shaping the gaming industry.
The LA Games conference focuses on the evolution of the business of gaming and multimedia. Leading representatives of major Television and Film studios will present how they navigate this new landscape, and gaming companies will show the latest in console, mobile, online and PC gaming. What is next in the popular music games genre with titles such as Guitar Hero and Rock Band? Will iPhone gaming finally lead to mobile gaming becoming a mass-market phenomenon? Is there room for a new game console in the digital living room? What is cloud-gaming and what will it mean for the traditional gaming business? How can traditional media companies incorporate gaming into their business model? Is gaming on social networks such as Facebook and MySpace the next big thing? What is next for MMOGs like World of Warcraft and Virtual Worlds such as Habbo Hotel?
Side by side with top gaming business executives and creatives, some of the most compelling and innovative speakers and companies across the gaming landscape appearing at the event include:
Nolan Bushnell,Founder,Atari and Chuck E. Cheese,CEO,uWink and Chairman, NeoEdge
One of the founding fathers of the video game industry and the man behind Atari, Bushnell basically developed the first gaming console. Historically, Bushnell gave Steve Jobs his first real job and paved the way for a generation of Silicon Valley companies. "One of the 50 men that changed America" will reveal his thoughts about new game consoles like Nintendo Wii and the new landscape of gaming.
David Roberts, CEO, PopCap Games
A leading casual gaming developer and publisher, based in Seattle, Washington. It was founded in 2000 by John Vechey, Brian Fiete and Jason Kapalka. PopCap's games have been downloaded more than 1 billion times. PopCap's success is the casual gaming space that has been born out of the vision of turning everyone into gamers. Popcap is one of the
few companies who saw a rise in sales during 2008, which has caused intrigue in the search for a recession-proof business model.
Mike Yuen, Sr. Director, Games Services, Qualcomm
Qualcomm was founded in 1985 and has just invested in a new wireless 3G game console for developing countries called Zeebo. Rather than be aimed at the saturated U.S. gaming market, they target middle-class gamers in emerging markets like Brazil, Russia, India and China, and it only plays downloadable games, in order to combat the piracy of disc-based games.
Mitch Lasky, General Partner,Benchmark Capital
Mitch has spent more than two decades in the mobile gaming, new media and interactive entertainment business. Prior to joining Benchmark Capital, Mitch served as executive vice president of Mobile and Online at Electronic Arts.
These companies and executives join over 200 decision-makers,
creatives, analysts, press and leading professional gamers.
Speakers include:
Nolan Bushnell, Founder,Atari and Chuck E. Cheese, CEO,uWinkand
Chairman,NeoEdge Networks
Mitch Lasky,General Partner, Benchmark Capital
David Roberts, CEO, PopCap Games
Mike Yuen, Sr. Director, Games Services, Qualcomm
John Kavanagh,SVP, Interactive / Head of Games,Paramount Pictures
Gareth Davis,Platform Manager, Facebook
Spencer Hunt,VP, Game Production & Digital Product Development,Sony
Pictures TV Int'l
Kuk Yi,Managing Director,Best Buy Capital
Bill Young,Western Region Sales Director,Electronic Arts
Jason Oberfest,SVP of Business Development,MySpace
Reuben Steiger,CEO,Millions of Us
Robert Norton,Managing Director,North America,King.com
Jana Friedman,SVP of Worldwide Advertising Sales,Double Fusion
David Reitman,VP, Content & Ent. Practice,Switch and Data
Kate Connally,Vice President,AddictingGames/MTV Networks
Bill Kispert,VP, Interactive,NBC Interactive
Jesse Redniss,Vice President,USANetwork Digital
Eric Goldberg,Managing Director,Crossover Technologies
Nick Williams,Director, Media & Entertainment Insights,OTX Research
Anu Shukla,Founder and CEO,Offerpal Media
Scott Scherer,VP of Product Management,Hands-on Mobile
Michael Rubinelli,SVP of Game Development,Genius Products
George Kurtyka,3P Account Manager, Nokia
Nash Parker,Director, Emerging Technology & Media,Alcatel-Lucent
Braden Moulton,Senior Manager Partner Development,Massive (Microsoft)
Michael Chang,CEO & Co-Founder,Greystripe
Vijay Rao,VP, Director of Open Planning,OptimediaUS
Ted Cohen,Managing Partner,TAG Strategic
Nichole Goodyear,CEO & Co-Founder,Brickfish
Bob Ferrari,VP, Publishing & Bus. Dev.,Sanrio Digital
Michael Cai,Vice President, Video Games,Interpret
Kyu Lee,President,Gamevil
Kyle Laughlin,Senior Director,Yahoo! Games
Dave Long,CEO/Co-Founder,Exponential Entertainment, Inc.
Matt Palmer,EVP & GM,Stardoll Network
Jim Drewry,Executive Director of Marketing,Turbine
Mike Vorhaus,President,Magid Advisors
Teemu Huuhtanen,President, N.A.,Sulake Inc. (Habbo)
Matthew Bellows,VP, Consumer Strategy, Vivox
Ryan Barkan,Senior Director of Advertising & Video Games,Primary Wave
Music Publishing
Michael Rosenberg,COO,Future Ads
Jay Baage,VP of Content,Digital Media Wire
Ned Sherman,CEO and Publisher,Digital Media Wire
For complete agenda, registration and event details please visit:
http://lagamesconference.com/
Source: http://www.itnewsonline.com/showprnstory.php?storyid=40058
Two popular television shows explore what's involved in becoming parents and coping with the challenges-and both are now available on DVD:
"A Baby Story: First Time Parents" follows the intimate and emotional journeys of 10 couples as they enter into parenthood. The show goes inside the delivery room for a firsthand look at the drama of labor and the joy of the unforgettable birth moment.
The adorably chaotic Gosselin clan has returned for another year of fun on "Jon & Kate Plus Ei8ht: Season 4." Quick on their feet, the Gosselins learn as they go and always manage to stay ahead of the 8-year-old twins and 4-year-old sextuplets that outnumber them four to one. You can also check out how the Gosselins have managed over the years in Seasons 1-3, also available on DVD.
Both "A Baby Story: First Time Parents" and "Jon & Kate Plus Ei8ht: Season 4" are available from Genius Products and TLC.
Source: http://www.napsnet.com/articles/61107.html
FANBOYS comes to DVD on May 19th from Genius Products and The Weinstein Company.
Driven by passion, friendship and the power of the Force, four buddies hit the road in search of a galaxy far, far away in FANBOYS ... A raucous road trip comedy fueled by heart and an untainted love of the greatest movie saga of all time, FANBOYS follows a group of Star Wars fans as they hilariously attempt the impossible. Their mad plan: to break into George Lucas' Skywalker Ranch to see Star Wars: Episode I - The Phantom Menace a full six months before its worldwide release.
The FANBOYS DVD is priced at $19.97 and comes loaded with Special Features including:
- Deleted Scenes
- Commentary with the Cast & Crew
- The Truth about Fanboys
- Star Wars Parallel
- Four Fanboys & One Fangirl
- The Choreography
- Disturbances in the Force: A Series of Webisodes
"Fanboys is still gong strong nine weeks into our limited theatrical run, and heading into international markets, but I am truly excited because now every fan will finally have the opportunity to see the film. It's a perfect release date because May 19th is also the 10 year anniversary of The Phantom Menace!"
FANBOYS stars Sam Huntington (Superman Returns), Chris Marquette (The Girl Next Door), Dan Fogler (Balls of Fury), Jay Baruchel (Knocked Up) and Kristen Bell (Forgetting Sarah Marshall), and features cameos from Star Wars alums Carrie Fisher, Billy Dee Williams and Ray Park, along with Seth Rogen, Danny McBride, Kevin Smith, Jason Mewes, Danny Trejo, Christopher MacDonald, Jamie King, Will Forte, Craig Robinson, Ethan Suplee and William Shatner!
Source: http://www.theforce.net/fanfilms/story/Fanboys_On_DVD_Details_122251.asp
PLEASE TAKE THE NEW SURVEY!
http://investorshub.advfn.com/boards/board_surveymenu.asp?board_id=6229
Take the new survey and tell us what will the tender offer price per share be if Genius Products goes private? Thanks!
Genius Products will give SEA BEAST, the latest Sci Fi Channel creature feature from SNAKEHEAD TERROR and YETI director Paul Ziller, its DVDebut June 30 as part of the Maneater Series. Also known as TROGLODYTE and featuring FX by Ryan Nicholson http://www.amazon.com/Sea-Beast-Corin-Nemec/dp/B001UDS4D6/ref=sr_1_1?ie=UTF8&s=dvd&qid=1238865993&sr=1-1, the movie is set in a fishing village where the carnivorous aquatic critters wreak havoc, and stars Miriam McDonald, Corin Nemec and Gary Hudson. The movie will be presented in widescreen with Dolby Digital 5.1 audio and no significant special features; retail price is $14.95.
Source: http://www.fangoriaonline.com/home/news/16-dvd-a-blu-ray/2003-simon-says-slitherin-snakes-and-more-dvd-news.html
Genius Products new symbol is GNPR I have a really good feeling about this one. If anything I would buy more at these levels. GLTY.
Genius Products and Sesame Workshop have teamed with Amazon.com to let fans vote on their favorite classic Sesame Street clip for inclusion on an upcoming 40th anniversary DVD collection.
Fans who visit Amazon's voting page http://www.amazon.com/gp/feature.html?ie=UTF8&docId=1000356721 can choose their favorite moment from a slate of 10 classic clips. The winning "fans choice" segment will be featured on the upcoming Sesame Street: 40 Years of Sunny Days 2-disc DVD set slated for release in November 2009.
From April 1 to April 28, viewers can view all 10 classic Sesame Street clips and vote for their favorite. Clips included on the ballot include "The King of Eight," "The Alligator King," "What’s the Name of That Song?," "Caribbean Amphibian," "Elmo's Debut," "I Just Adore Four," and others. So surf over to Amazon.com and be sure to rock the vote!
Source: http://www.muppetnewsflash.com/2009/04/help-sesame-street-choose-favorite.html
One more thing, the amount of publicly traded shares of Genius Products is very small, as Insiders and Institutional investors own a majority of the outstanding shares. One thing for sure is when Genius Products does move, it will move very fast, IMHO.
Genius is planning on going private at some point in the near future. I agree this company is a good growth opportunity. Since last year, Genius has been involved in music and video games. Scratch: The ultimate DJ is releasing soon and will sell very, very well. Not to mention the more favorable distribution agreement with TWC, and TWC content is looking good as well with several recent academy awards and a great future movie slate IMHO. Glad to have you back on board and GLTY!
I have a really good felling about this!
Thanks! ;oD
Heh ;oD I agree, so far I have been proven wrong on FRP the past few days. All I see are a bunch of collectors striving for shares. However: Read my hairlips, I see lower lows for Fairpoint!
Good luck, you will need it.
It is not just NH, several other New England states also have a bone to pick with Fairpoint. The merger was a complete failure, by a poorly run company, run fast, sell now! IMHO.
Can FairPoint survive its missteps?
Tuesday, March 31, 2009
We trust New Hampshire and Vermont regulators are keeping a tight eye on the discussions between FairPoint Communications and the Maine Public Utilities Commission.
FairPoint has come in with a nine-page “stabilization plan” at the request of the Maine PUC — a request the company could hardly refuse.
Concerns over customer service woes at FairPoint have been in the public’s sights for two months, and pressure has increased for the communications provider to address them. Particularly nettlesome to the company and its customers have been the operation of the company’s call centers, the billing process and how it handles orders.
Earlier this year, an international credit rating agency lowered its outlook for FairPoint from stable to negative because it lost an unexpected number of access lines and customers. Reports in January had the company shedding 80,000 customers since buying Verizon’s assets in Maine, New Hampshire and Vermont.
FairPoint Chief Executive Gene Johnson said at the time the company remained confident it would win back old customers after taking control of the Verizon system on Jan. 31.
Johnson’s confidence seems to have been ill-placed.
FairPoint announced earlier it was searching for a successor to its CEO, but no deadline was set to replace Johnson, a founder of the company.
Today, it seems fleeing customers remain the rule and not the exception.
The Associated Press reported earlier this month that subscribers still are heading for the door to escape the tie of landlines. Subscribers became itchy last year when Verizon sold out. It was a 12 percent loss of subscribers compared to a nationwide average of 7 percent.
Now, reported the AP, more customers are fleeing after experiencing e-mail, Internet and customer service problems in recent weeks.
Back in the days of “Ma Bell,” under the AT&T telecommunications giant of the 20th century, we either used a link in the Bell System or sent a letter. Today, we can choose among competing services and rate structures.
Landlines will likely go the way of operator-connected calls.
When FairPoint purchased Verizon’s landline telephone and broadband Internet network last year there were widespread concerns. Approval of regulators in New England’s three northern states came only after months of hearings. Consumer advocates and regulators expressed deep worries about FairPoint’s ability to finance the $2.3 billion undertaking as well as operate and manage an area as large as it was seeking to take over in this corner of the Northeast.
The transfer took place despite the lingering doubts of many observers and some regulators.
FairPoint is headquartered in Charlotte, N.C. It owns and operates companies in 18 states and is the eighth-largest telecommunications company in the United States. In November 2008, FairPoint’s business in northern New England was reported as including 1.6 million telephone customers and 230,000 high-speed Internet subscribers.
Verizon withdrew from its landline business in New England to concentrate on the widening and deepening market of wireless communication, information and entertainment.
Is FairPoint a large enough company to survive in the changing marketplace of communication — a marketplace in which multiple wireless phones are common in families and a communications requirement in business and industry?
Did FairPoint’s reach go beyond its ability to sustain its hold on what it coveted?
Source: http://www.citizen.com/apps/pbcs.dll/article?AID=/20090331/GJOPINION02/703319996/-1/CITNEWS08
GENIUS PRODUCTS UNVEILS NEW SCREENSHOTS FROM SCRATCH: THE ULTIMATE DJ
Genius Products today released new screenshots from Scratch: The Ultimate DJ, the upcoming music rhythm game for fans of hip-hop. With creative and technical input from Mix Master Mike, legendary DJ for the Beastie Boys, Scratch: The Ultimate DJ features a realistic turntable style peripheral complete with an analog wheel, cross fader and MPC sample buttons.
With a heavy-hitting setlist comprised of more than 60 licensed and original hip-hop and R&B songs from artists such as Kanye West, Tech N9ne, Run DMC, and Deltron 3030, Scratch: The Ultimate DJ will allow players to put their own“spin” on tracks with an assortment of battle records, including custom beats and quirky sounds. Players can also plug in a USB microphone and record their own battle records to improvise on their favorite tracks.
The new screenshots display DJ Travis, the laid-back urban hipster, scratching in various environments from Scratch: The Ultimate DJ, including a record store and beach party.
New screenshots for Scratch: The Ultimate DJ are available for download at: http://bhimpact.gamespress.com/product_page.asp?i=900
Scratch: The Ultimate DJ is scheduled for release on next-generation consoles in Summer 2009.
For more information, please visit: http://www.scratchvideogame.com
Source: http://bhimpact.gamespress.com/release.asp?i=279
N.H. FairPoint Complaints Prompt Hearing
New Hampshire regulators will hold a hearing on Friday, to find out how FairPoint Communications plans to reduce customer complaints.
FairPoint has been plagued with problems since it switched to its own computer system about two months ago, just ten months after buying Verizon's landline telephone and Internet network in Maine, New Hampshire, and Vermont. More than 1,000 customer complaints have been filed so far this month just in New Hampshire. They range from not being able to get through to FairPoint's customer service, not getting bills on time or the new service needed for repairs.
There are similar complaints about FairPoint in Vermont and Maine as well.
Source: http://www.wcax.com/Global/story.asp?S=10108006&nav=menu183_2
Sesame Workshop, Genius Products and Amazon.com Reacquaint Fans with Classic Sesame Street as Series Celebrates Its 40th Anniversary with New DVD
Month-Long Vote Allows Fans To Choose Favorite Sesame Street Clip For Ultimate DVD Collection Due Out This November From Sesame Workshop and Genius Products
Genius Products and Sesame Workshop have teamed with Amazon.com to allow fans to take a stroll down “Sesame” lane and vote for their favorite classic Sesame Street clip to be included in a DVD compilation due out later this year. Beginning April 1st, fans visiting Amazon’s DVD home page http://www.amazon.com/movies can view 10 clips from some of the series’ best classic episodes and vote for their favorite one. The clip with the most votes by April 28th will be featured in the Sesame Street: 40 Years of Sunny Days DVD, slated for release in November 2009, from Genius Products and Sesame Workshop, the non-profit educational organization behind Sesame Street.
Since it’s 1969 debut, Sesame Street has helped entertain and educate audiences around the world. The milestone Sesame Street: 40 Years of Sunny Days DVD will commemorate 40 years of the landmark show with loads of classic content, and will reacquaint fans with the ever changing educational television experiment known as Sesame Street.
The featured clips Sesame fans will have to choose from are below:
“The Alligator King”
“Red Ball Rollercoaster #3”
“Bert and Ernie Reminder String”
“Martian Beauty #9 Song”
“What's The Name of That Song? With Sesame Street Cast”
“Song: Caribbean Amphibian With Kermit The Frog”
“Song: Elmo's Debut”
“King of Eight”
“I Just Adore Four Song With Big Bird”
“Pinball Animation #12”
Source: http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20090401005509&newsLang=en
Ouch, down another 11.7% today. Abandon ship! ;oD
Nice gains, however I am afraid this rally is about to lose steam.
DVD grows in Dollar stores
Seeking to exploit a new venue for DVD, independent suppliers are looking beyond traditional retail chains to the previously unexplored territory of dollar stores.
The category, led by publicly traded chains Dollar Tree, Dollar General, Family Dollar and 99 Cents, offers what some companies see as untapped potential for reaching consumers who don't frequent big box or entertainment stores.
Just last week NuTech Digital signed a $1 million nationwide contract with Dollar Tree Stores, a Chesapeake, Va.-based low cost retailer.
Under the deal, Dollar Tree will stock NuTech's line of 25 animated children's titles in its 2,513 stores around the country starting in the second quarter. DVDs, sold in cardboard wallets rather than Amaray-style cases, will carry a price of $1.
"We're going around Wal-Mart to supply consumers with content," NuTech chief Lee Kasper said. "This is a new demographic and a huge opportunity to do greater volume than we could in regular retail stores."
In the past three years, the dollar store sector has added more than 4,000 stores for a total of 15,000 stores nationwide, giving the channel a quantitative advantage in marketing reach. Dollar stores-distribution also could help pump more product into the marketplace.
"With the Wal-Marts, you can only get 800-1,000 units into the stores at a time," Kasper said. "Dollar Tree's first order was for 1 million units, which is a 200% increase in sales for us. We're projecting sales of 12 million units this year. The volume these stores can do is greater than anything I've ever heard of."
Because dollar stores are not usually located near traditional DVD outlets, they open up the category to a whole new bracket of consumer spending, he added.
Kasper said he's already in preliminary distribution discussions with other operators in the category and said one potential partner had placed a preliminary order for 750,000 copies of one title. NuTech has about 600 action, adult, children's and horror titles in its library.
Meanwhile, NuTech isn't the only DVD marketer eyeing dollar store dollars. San Diego-based Genius Products just shipped 2.5 million units of public domain titles to Dollar Tree and Dollar General as part of a three-month old relationship with the two chains.
Titles shipped to date include I Love Lucy, Dragnet, The Jack Benny Show, Jungle Book and Gulliver's Travels.
Like NuTech, Genius packages the discs in cardboard sleeves to cut production costs. Each disc is priced at 99 cents.
"We sold through 2 million units last month and we project doing about 20 million units over the next year or so," said Howard Balaban, Genius' executive VP business development.
Profit margins are lower than normal for sell through titles due to the extremely low sticker prices, but stores in the category are capable of moving big numbers of DVDs that quickly add up. And for Genius, the dollar store category has given the company an opportunity to prove to retailers it can deliver on large orders without having to compete for space or attention with titles from the big studios.
"People buy handfuls of these things," Balaban said. "And these are all one-way sales with no returns. This is going to be a huge category because this is not the kind of business the studios are interested in."
Balaban's company has access to about 20,000 hours of public domain features and television shows, and has re-mastered 200 features as well as 300 TV shows in order to improve quality. Balaban said Genius "will probably look at other dollar stores," but discussions are still in the early stages.
On the retail side, big box stores have noticed the marketing potential in the dollar store category. Wal-Mart is reportedly testing a "Pennies-n-Cents" section in 20 of its supercenters and Target Corp is trying out a section called "The 1 Spot" in 125 locations. Kroger and Walgreens are also dabbling in dollar sections.
"It's low-hanging fruit," Balaban said. "But we're happy to have it."
Source: http://www.hometheaterforum.com/htf/bargains-deals/177599-dvds-dollar-tree-store.html
Kate Winslet’s award-winning performance in The Reader comes to DVD and Blu-ray in April from Genius Products and The Weinstein Company. The film is scheduled to debut on DVD on April 14th and make its Blu-ray debut on April 28th.
With five previous Oscar nominations, Kate Winslet (Revolutionary Road, Little Children) takes home her long-awaited first statuette for this “fierce, unerring portrayal” (Peter Travers, Rolling Stone) of the woman who falls for a teenager, leading a trio of powerful and “impeccable performances” (Jeffrey Lyons, NBC Reel Talk) that also includes two-time Oscar nominee Ralph Fiennes (Schindler’s List, The English Patient) and standout German newcomer David Kross.
A young Michael (Kross) is heartbroken when Hanna inexplicably disappears after their passionate summer together, only to have her re-enter his life eight years later when he is a law student and she is on trial for Nazi war crimes committed long before they met. Michael must then decide whether to use a secret that only he knows in order to save his onetime love from a life in prison.
Helmed by three-time Oscar nominated director Stephen Daldry (The Hours, Billy Elliot), The Reader also received Oscar nods for Best Adapted Screenplay and Best Cinematography.
Hannah (Winslet) has a passionate summer affair with a young neighbor named Michael (Fiennes and Kross), but then disappears. She resurfaces years later as one of the defendants in a war crimes trial stemming from her actions as a World War II concentration camp guard. Michael alone realizes that he has information that can set her free, and must decide whether or not to save her.
Special Features on the DVD and Blu-ray include:
12 Deleted Scenes
Adapting A Timeless Masterpiece: Making The Reader
A Conversation with David Kross & Stephen Daldry
Kate Winslet On The Art Of Aging Hanna Schmitz
A New Voice: A Look At Composer Nico Muhly
Coming To Grips With The Past: Production Designer Brigitte Broch
Theatrical Trailer
Source: http://www.monstersandcritics.com/dvd/news/article_1467959.php/Kate_Winslet%92s_Oscar_winning_performance_in_The_Reader_comes_to_DVD_and_Blu-ray
Interesting, thanks for the insight. I agree better to wait and hold than to be left holding the bag. Bailouts are the devil IMHO. Good Luck.
Good luck! Don't come crying to me for a bailout, or a hamburger, when you are broke after you go "belly up", Burger Boy!
CHTR, CTNO, GE, SIX, RAD, BRK.A are all on the Fredman conviction sell list IMHO. What say you, Hamburglar?
Hamburglar, I have to admit I am shocked by how high FRP has gone the past few days. Undoubtedly, it is hamburglars driving up the price. I am not worried as it does not matter what the price is today, tomorrow, or next week for that matter. I strongly believe Fairpoint will retest the lows and will eventually seek bankruptcy protection and you will be laid off from this forum.