Diamond Multimedia Prevails at Hearing for a Preliminary Injunction Requested by the Recording Industry Association of America; Rio PMP300 Portable Music to Ship in November.LOS ANGELES--(BUSINESS WIRE)--Oct. 26, 1998--Diamond Multimedia Systems, Inc. (Nasdaq:DIMD DIMD Dorland's Illustrated Medical Dictionary ), a leader in interactive multimedia and PC entertainment, announced today that the U.S. Central District Court of California, Judge Audrey Collins, denied the Recording Industry Association of America's (RIAA (Recording Industry Association of America, Washington, DC, www.riaa.com) A membership association of music recording companies. Its goal is to promote the record label industry and protect the rights of copyright owners. It was a major contributor to the SDMI digital distribution system. ) application seeking a Preliminary Injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. to halt shipment of Diamond Multimedia's Rio PMP See point-to-multipoint and portable media player. PMP - Portable Media Player 300 portable music player See digital music player and Portable Media Center. . Diamond Multimedia will move forward with its plans to ship Rio during November in time for the holiday season. "We are pleased with the ruling," said Andrew Bridges, attorney at Wilson Sonsini Goodrich & Rosati representing Diamond Multimedia. "This suit was brought on by the RIAA as a violation of the Audio Home Recording Act (AHRA AHRA Audio Home Recording Act AHRA American Healthcare Radiology Administrators AHRA American Hot Rod Association AHRA Arabian Horse Registry of America AHRA American Home Recording Act AHRA Advanced Helmet Sight Reticle Assembly AHRA Automatic Header Rate Adjustment ), which imposes technology restrictions on certain types of consumer audio recording devices. Diamond Multimedia's Rio, which is incapable of independent recording or serial copying, simply is not a device governed by the AHRA." "The ruling is an important step towards establishing the Rio player and the market for MP3 as a popular format for artists to distribute their music over the Internet," said Ken Wirt, vice president of corporate marketing at Diamond Multimedia. "We have always been confident that the Rio is a lawful device. Rio has no recording capability and does not permit serial copying. As a company with a large investment in intellectual property, we certainly support the RIAA's concerns over copyright protection and have offered to support their efforts in promoting only authorized and licensed music distribution. "At the same time, Rio is an important technology development and we have made a substantial investment in developing and marketing Rio because we believe it enables musicians, other than just those with big record company contracts, to achieve broad distribution for their music, and it allows the public to participate in an exciting, emerging market. "Diamond Multimedia's Rio is poised to be the first affordable and widely available portable MP3 player A digital music player that supports the MP3 format, which was the audio format that started a revolution in online music downloads and distribution. All portable music players, the iPod being the most popular, support MP3 along with one or more other audio formats. on the market and we expect to hit retail shelves and Internet e-commerce in November." Diamond Multimedia has partnered with the largest online companies who distribute music in the popular MP3 format to help pioneer this emerging market. Diamond's announced partners include GoodNoise Corp., MP3.com, and MusicMatch. "Today's ruling is a clear victory for music fans around the world," said Bob Kohn, chairman of GoodNoise Corp., the leading provider of legally licensed downloadable music. "Digital music provided by new music companies like GoodNoise will give consumers access to music the way they want it. Thousands of consumers discover the tremendous benefits of downloadable music everyday and the shipment of Diamond's Rio PMP300 will be a significant milestone to fuel this revolution." "This is a great decision for artists and freedom of expression. It also sends a signal to the music industry giants that they can't expect to extend their stranglehold stran·gle·hold n. 1. Sports An illegal wrestling hold used to choke an opponent. 2. A force, influence, or action that restricts or suppresses freedom or progress. Also called throttlehold. on the music business to the Internet," said Michael Robertson
Michael Robertson (born 1967) is the founder and former CEO of MP3.com. He started Lindows.com, Inc. , president of Z Company. Diamond's Rio PMP300 Diamond's new Rio PMP300 is a portable, lightweight digital music player Hardware or software that plays audio files encoded in MP3, AAC, WMA or other audio formats. There are several software-based music players that play audio files in a desktop or laptop computer, including iTunes, RealPlayer and Windows Media Player. for mixing and storing up to sixty minutes of digital quality music and up to eight hours of voice quality audio from the Internet or a PC. The device uses MP3 compression and features a simple interface for easily transferring and converting files on the PC. The Rio PMP300 is smaller than an audio cassette A 1/8" inch, analog audio tape format that has been widely used for music distribution and home recording. Although the same size housing is used, the tape thickness and length determine the recording time. Cassettes holding from 15 minutes to 60 minutes per side have been manufactured. and has no moving parts Moving parts are the components of a device that undergo continuous or frequent motion, most commonly rotation. "Parts" only include the mechanical components which does not include fuel, or any other gas or liquid. so it won't skip, even during extreme movement. It is powered by a single AA alkaline battery Alkaline batteries are a type of power cell dependent upon the reaction between zinc and manganese dioxide (Zn/MnO2). Compared with original zinc-carbon batteries, while both produce approximately 1. for up to 12 hours of continuous playback. Add-on flash memory upgrade cards will also be available in half-hour and one-hour configurations. Rio PMP300 will begin shipping in November for an estimated retail price of $199.95 and the flash memory upgrade cards will be available for an estimated retail price of $49.95 (1/2 hour configuration) and $99.95 (1 hour configuration) through Diamond Multimedia's online store at www.diamondmm.com/onlinestore. About Diamond Multimedia Diamond Multimedia is driving the interactive multimedia market by providing advanced solutions for home, business and professional desktop computer users, enabling them to create, access and experience compelling new media content from their desktops and through the Internet. Diamond accelerates multimedia from the Internet to the user with products that include the Stealth and Viper(R) series of media accelerators, the Monster series of entertainment 3D and sound accelerators, the Fire series of professional 3D accelerators, the Micronics series of system boards, the Supra A relational DBMS from Cincom Systems, Inc., Cincinnati, OH (www.cincom.com) that runs on IBM mainframes and VAXs. It includes a query language and a program that automates the database design process. (R) series of modems, and the HomeFree line of home networking products. Diamond's common stock is traded on the Nasdaq Stock Market Nasdaq stock market The first electronic stock market listing over 5000 companies. The Nasdaq stock market comprises two separate markets, namely the Nasdaq National Market, which trades large, active securities and the Nasdaq Smallcap Market that trades emerging growth companies. under the symbol DIMD, and its web site address is www.diamondmm.com. How to Contact Diamond Multimedia There are many ways to reach Diamond for sales support, technical assistance, driver updates and general information: -0- Internet Web Site: http://www.diamondmm.com Diamond Multimedia's Headquarters and Multimedia Division: 408/325-7000; Fax: 408/325-7070 Systems Business Unit (Micronics brand system boards) Main Phone Number: 510/651-2300 Communications Division (Supra brand modems) Main Phone Number: 360/604-1400; Fax: 360/604-1401 European Division (Germany): +49-8151-266-0; (U.K.): +44-1189-444400; (France) +33-1-55381600 Korean Office (Seoul): +82-2-551-2700; Fax: +82-2-551-2710 Japanese Office (Tokyo): +81-3-5695-8401; Fax: +81-3-5695-8403 ASEAN Office (Singapore): +65-353-9511; Fax: +65-353-9510 Hong Kong Office: +852-2375-9023; Fax: +852-2375-9021 Australian Office (Sydney): +61-2-9460-2355; Fax +61-2-9460-2360 Swedish Office: +46-417-40060; Fax +46-417-40054 Product Support (Voice), United States: 541/967-2450; Europe (Germany) +49-8151-266-330; Europe (U.K.) +44-1189-444444; Europe (France) +33-1-55381616; TDD/TTY Support 541/967-2451 Product Support (Fax), United States: 541/967-2401; Europe (Germany) +49-8151-266-331; Europe (U.K.): +44-1189-444445; (France) +33-1-55381601 Pre-sales Information: 800/468-5846 24-Hour Fax-On-Demand Service: 800/380-0030 Investor Relations: 408/325-7476; 888/474-3463 (U.S. and Canada) FTP site: ftp.diamondmm.com BBS: 541/967-2444 (to 33.6 Kbps); Europe (Germany) BBS at +49-8151-266333 (to 28.8 Kbps) or +49-8151-266334 (ISDN); Europe (U.K.) at +44-1189-444415 (to 33.6 Kbps) -0- Note to Editors: Monster 3D, Supra and HomeFree are either trademarks or registered trademarks of Diamond Multimedia Systems, Inc. Monster(R) is a registered trademark of Monster Cable. Viper(R) is a registered trademark of Directed Electronics This article has multiple issues: * It needs sources or references that appear in third-party publications. * It reads like an advertisement and needs to be rewritten in a neutral point of view. , Inc., Used under License. All other trademarks referenced are the service mark, trademark or registered trademark of their respective manufacturers. This announcement relates to products whose introductions are in North America North America, third largest continent (1990 est. pop. 365,000,000), c.9,400,000 sq mi (24,346,000 sq km), the northern of the two continents of the Western Hemisphere. . The product name, contents, prices and availability may differ elsewhere in the world according to local factors and requirements. Except for historical information contained herein, the matters set forth in this press release, such as statements relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc the Company's ability to successfully exploit technological and market developments, the timing and success of new product introductions by the Company and its competitors, and the Company's ability to invest in new technologies and to enhance its existing systems are forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. that are subject to risks and uncertainties, including the impact of competitive products and pricing and alternative technological advances, the timely and successful development and market acceptance of new products and upgrades to existing products, and other risks as detailed from time to time in Diamond Multimedia's SEC filings, including its most recent Forms 10-K and 10-Q. |
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