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" But O'Donnell's lawyer, Lorna Schofield, said the magazine's editors had usurped her role in determining the magazine's content "Ms Another key prong of the dispute is how the magazine reports its circulation numbers If I don't have total control, I shut the magazine down But the magazine stumbled in 2002 as conflicts emerged between O'Donnell and the editors It folded soon after O'Donnell quit in September 2002 By ignoring her wishes, she said, G+J broke an agreement that the magazine reflect O'Donnell's sensibilities O'Donnell hated this photo because she thought it made her look fat," Hyman said com Gruner + Jahr USA: http://www O'Donnell walked away from the magazine, causing it to shut down in its second year of publication and causing hundreds of people to lose jobs and Gruner + Jahr to lose millions of dollars," Hyman told Justice Ira Gammerman In his opening statement, he said O'Donnell's position was: "I am the boss of this magazine com The magazine's acrimonious 2002 demise was described in Manhattan Supreme Court, where opening arguments were heard in a lawsuit that will test the reputations of both sides The trial comes as O'Donnell prepares to launch "Taboo," a boisterous musical about Boy George â€â€? and starring Boy George in other than the eponymous role â€â€? that O'Donnell has confidently predicted will win a Tony Award next summer To express her displeasure, "she threw a foul-mouthed temper tantrum â€â€?â€â€?â€â€? On the Net: O'Donnell musical: http://www Each said the other had broken contractual agreements Both sides said a key editorial dispute arose when a newly hired editor chose a cover photo of O'Donnell for the August 2002 edition that she deemed unflattering The case will be decided by Gammerman, who has overseen high-profile cases involving Woody Allen and Stephen Sondheim, rather than a jury O'Donnell has countersued and seeks $125 million "Ms She maintains G+J breached its agreement by cutting her out of key editorial decisions tabooonbroadway She is the $10 million show's producer and single investor First published in April 2001, Rosie was created as a joint venture between G+J and O'Donnell to rescue the failing McCall's title She said O'Donnell found the editor who had selected the photo, Susan Toepfer, difficult to work with and wanted the previous editor, Cathy Cavender, to return Martin Hyman, lawyer for Gruner + Jahr USA, portrayed O'Donnell as a difficult, inflexible figure who simply abandoned the magazine 5 million O'Donnell, she said, saw the choice as another sign that her wishes were not being respected Schofield charged that when sales of Rosie began to slide, G+J overstated figures to prevent her from leaving The two sides did agree on one point â€â€? the choice of an August 2002 cover photo that included O'Donnell crystallized the dispute She suggested that the earlier editions of Rosie better reflected O'Donnell's style gjusa "She wanted things to return to the way they were when she was in control," Schofield said O'Donnell's contract allowed her to walk away from the magazine if it posted particularly high losses " O'Donnell's lawyer, Lorna Schofield, said her client did not like the picture for several reasons O'Donnell said the photo was selected without her involvement; G+J said she threw a "tantrum" because the photo was unflattering Hyman said that when the professionals who were running Rosie vetoed O'Donnell's potentially damaging suggestions â€â€? such as putting boxer Mike Tyson on the cover â€â€? she walked out and broke her obligation G+J accuses O'Donnell of breach of contract and seeks $100 million Rosie O'Donnell, Publisher Square Off Oct 30, 5:45 PM EST Rosie O'Donnell and the publisher of her now-defunct magazine accused each other in court Thursday of destroying the publication by refusing to compromise on its content Modeled in part after the successful Oprah Winfrey magazine, O, Rosie got off to a strong start with circulation close to 3 One settlement provision allows Microsoft's own programs to launch only if rival software "fails to implement a reasonable technical requirement The company said Monday it is willing to work with the government but does not believe the design is illegal gov Online music purchases are expected to be one of the most-lucrative areas for Internet commerce The fight over online music sales was disclosed in documents filed last week with the judge and made available by the court Monday The dispute centers on a design feature in Windows XP called "Shop for Music Online," which lets consumers purchase compact discs from retailers over the Internet thetc com The link â€â€? prominent whenever a computer user opens a designated folder containing songs â€â€? also steers Windows users to a Web site, windowsmedia agreed to end its anticompetitive conduct, the government is raising concerns the world's largest software maker is trying to use its dominant Windows operating system to influence where customers buy their music online com or CDNow U usdoj 's new iTunes site or the Rhapsody service from Listen Microsoft's design "may be inconsistent" with the settlement, government lawyers wrote in court papers asking U ; Franklin Fite Jr Saal referred questions about the latest dispute to the Justice Department microsoft-antitr ust The dispute already has risen to the level of a three-member technical committee of experts established by the judge to help oversee the antitrust settlement S If the dispute isn't resolved by week's end, it could become the first test of Microsoft's landmark antitrust settlement that was approved by a federal court in October 2002 The Windows behavior does not affect consumers who use another Internet browser to directly visit other music sellers, such as Apple Computer Inc gov/atr</p > Technical Committee: www , Microsoft Fight Over Online Music Oct 20, 4:00 PM EST Nearly a year after Microsoft Corp Lawyers for the Justice Department and 19 state attorneys general have formally complained to a federal judge about a design feature of Windows that compels consumers who buy music online to use only Microsoft's Internet browser and steers them to a Web site operated by the company The dispute affects one of the central tenets of the antitrust settlement: improving the ability of rival software vendors to compete against Microsoft's own programs running on Windows District Judge Colleen Kollar-Kotelly to intervene if the problems aren't resolved com, operated by Microsoft with links to online retailers, such as Buy When consumers click the link to buy music, Windows opens Microsoft's browser software even after consumers specify that they prefer using rival browser software S Those experts are Harry Saal, founder of the company that became Network Associates Inc com</p > Justice Department: www org States' watchdog site: www " The long-running antitrust case accused Microsoft of abusing its Windows monopoly to crush software companies whose products could weaken demand for the Windows operating system microsoft â€â€?â€â€?â€â€? Microsoft: www On Monday, the page promoted CDs by Madonna, 50 Cent, Linkin Park and Celine Dion , a former Microsoft employee, and Skip Stritter, former director of business development for wireless products at Cisco Systems Inc "We believe that the use of Internet Explorer by the Shop-for-Music-Onlin e link in Windows is consistent with the design rules established by the consent decree, and we will continue to work with the government to address any concerns," spokeswoman Stacy Drake said |
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