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INTERNET SPACE
Online game rivals settle suit over stolen secrets
by Staff Writers
San Francisco, California (AFP) Nov 23, 2010


Beatles sell two million songs in a week on iTunes
San Francisco (AFP) Nov 23, 2010 - The Beatles sold more than 450,000 albums and over two million individual songs in the week since their music appeared on Apple's iTunes, Billboard said Tuesday. Billboard said the best-selling album in the United States was "Abbey Road" and the best-selling song was "Here Comes the Sun." "Here Comes the Sun" was number 54 on the iTunes list of the top 100 best-selling singles on Tuesday followed by "Let It Be" at number 60, "In My Life" at number 74, "Come Together" at number 90 and "Blackbird" at number 97. "Abbey Road" was number 17 on the list of the top 50 best-selling albums on iTunes followed by the "White Album" at number 25 and "Sgt. Pepper's Lonely Hearts Club Band" at number 27. "The Beatles 1967-1970" was number 30 followed by "The Beatles 1962-1966" at number 40, the 149-dollar complete "Beatles Box Set" at number 42 and "Rubber Soul" at number 43. Apple's iTunes began selling the music of the Beatles on November 16 after years of tortuous negotiations between Apple Corps, the Beatles' company; EMI Group, their record label; and Apple, maker of the Macintosh computer, the iPod, iPhone and iPad.

Online social networking game king Zynga on Tuesday said a settlement was reached with a rival accused of stealing its secrets and coaxing employees to betrayal.

Zynga and Playdom did not reveal details of the deal struck to end a lawsuit filed in September of last year in a state court near Playdom's headquarters in the northern California city of Mountain View.

"Zynga is extremely pleased with the final resolution of its trade secret suit against Playdom and various individuals," said Zynga general counsel Reggie Davis.

"We have great respect for Disney and are thankful that following its acquisition of Playdom, Disney resolved the matter to our satisfaction," Davis said.

The Walt Disney Co. announced in July that it was buying Playdom in a deal worth up to 763 million dollars.

Disney said Playdom shareholders will receive up to 563.2 million dollars and performance-linked bonuses of up to 200 million dollars.

Playdom is the developer of popular online games such as "Social City," "Sorority Life," "Market Street" and "Bola" and claims some 42 million active players a month on social networks such as Facebook and MySpace.

Playdom's chief rival in the fast-growing social games space is Zynga.

Zynga claims more than 230 million monthly active users of its games, which include "FarmVille," "Mafia Wars" and "Treasure Isle."

The legal settlement "reflects the very serious nature of the conduct involved," according to Davis.

Playdom top executives, frustrated with continually being steps behind market-leading Zynga, launched a campaign to steal game ideas and other inside information, court documents charged.

"We're already in the process of copying," Playdom co-founder Dan Yue is quoted as saying in an internal email exchange that was part of the court record. "Let's all be evil."

Playdom wooed Zynga workers, getting them to reveal inside secrets while luring them with new jobs competing with their former employer.

Email gathered as evidence in the case showed a "shocking level of hatred and anger toward Zynga that led to illegal and unethical acts," court documents indicated.

"I don't think (Zynga CEO) Mark Pincus realizes it, but a good part of my motivation to drive forward on 100-plus hour work weeks is simply my personal dislike of him," Yue is quoted as saying in an email.

"God, do I hate that guy."

Playdom used a "back door" to hack into Zynga's popular online poker game to get a roster of players in January 2009, according to the legal complaint.

The following day, 1.6 million players of the game were invited to play Playdom's version and told that the amount of chips waiting for each of them was 125 percent more than in their Zynga poker accounts."

The lawsuit targeted Playdom and eight one-time Zynga game makers accused of slipping secrets to the rival.

Playdom released a joint statement with Zynga announcing that a settlement had been reached but did not comment further.

earlier related report
Jury orders SAP to pay Oracle 1.3 billion dollars
Oakland, California (AFP) Nov 23, 2010 - A US jury on Tuesday ordered German business software giant SAP to pay US rival Oracle 1.3 billion dollars in damages in a copyright infringement case.

"We're ecstatic," said Geoffrey Howard, a partner with the Bingham McCutchen law firm, a member of the Oracle trial team. "The jury recognized the value of the intellectual property stolen by SAP."

According to Oracle, an SAP subsidiary, TomorrowNow, recovered and copied massive amounts of Oracle software and confidential data by posing as clients.

A customized software tool dubbed "Titan" was allegedly used to plunder Oracle's website of patches, updates, fixes and other programs crafted for Oracle's paying customers.

SAP admitted to the copyright infringement in legal "stipulations" that cleared the way for a jury trial regarding how much should be paid to Oracle in damages.

During closing arguments in the case being held in a federal court here, SAP attorney Robert Mittelstaedt conceded the copyright infringement by SAP and again focused on minimizing any damage award.

"I'm not proud of this and SAP is not proud of this," Mittelstaedt said.

SAP will study its legal options before deciding whether to appeal the verdict or petition the judge to reduce the amount, a company spokesman told AFP in the courtroom.

SAP was interested in putting the unflattering case behind it, he added.

"We are, of course, disappointed by this verdict and will pursue all available options, including post-trial motions and appeal if necessary," head of SAP Americas media relations Jim Dever said in an emailed statement.

"This will unfortunately be a prolonged process and we continue to hope that the matter can be resolved appropriately without more years of litigation."

SAP could also negotiate with Oracle to agree on a reduced settlement payout in exchange for not appealing the verdict.

Jurors interviewed after the verdict said that deliberations focused on how much Oracle's copyrighted technology would have been worth if the companies had struck a licensing deal in 2005.

Award amounts discussed by the jury ranged from 519 million dollars to three billion dollars, according to the jury foreman, who declined to give his name.

"You have something and someone takes it and uses it, they've got to pay," said juror Joe Bangay, a 57-year-old auto body worker.

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