Ecast, Inc.

Ecast, Inc.
Private [1]
Industry Internet [2]
Fate Dissolved
Founded 1999 [2]
Defunct March 1, 2012
Headquarters San Francisco, California, United States
Area served
 United States
Key people

John Taylor

President and CEO

Samuel "Mouli" Cohen

Co-founder
Products SmartSolution, SmartMall, SmartTransit, SmartConcierge, & Jukebox
Services Place-based interactive media
Revenue US$7,000,000 [2]
Number of employees
 81 [2]
Website www.ecastinc.com

Ecast, Inc. was a privately held, venture capital–backed place-based interactive media company that offered advertising, digital music, games, entertainment, and information to bars and nightclubs in the United States.[1] The company was founded in 1999 and was headquartered in San Francisco, California.[3] Ecast, Inc. ceased operations when it closed its Jukebox network on March 1, 2012.[4]

Services

Its hospitality network delivered digital music, way finding, coupons, social media, third party content, and advertising options to more than 10,000 venues at its peak,[4][5] including bars, nightclubs, taverns, resorts, hotels, restaurants, retail stores, event pavilions, and arenas.[3]

SmartSolution

Touchscreen software that served advertising and social media impressions, as well as direct marketing associations operating on 3rd party hardware platforms.[3]

SmartMall

An interactive media service that provided shopping customers with up-to-date information on the latest style and trends with editorialized content and coupons/offers.[3]

SmartTransit

An advertising and content service that connected users to advertisers.[3]

SmartConcierge

System that displays interactive images/movies showcasing the amenities of a client’s hotel/resort.[3]

Jukebox

An interactive place-based broadband enabled interactive media service for the bar and nightclub market.[3][4]

History

The company was founded in 1999 and was headquartered in San Francisco, California.[3][4]

Ecast, Inc. ceased operations when it closed its Jukebox network on March 1, 2012. The company's board of directors voted for an immediate shutdown after the company failed to raise enough capital to continue operating. Ecast's phones and email were turned off shortly after. AMI Entertainment Network Inc. and TouchTunes Interactive Networks indicated they would accommodate customers no longer able to access the company's services.[4]

Controversies

TouchTunes patent dispute

In late 2001, Ecast filed a lawsuit against TouchTunes Music Corporation claiming the company resorted to unfair trade practices by notifying Ecast and its customers that they were infringing TouchTunes' patent.[6]

On October 15, 2003, Ecast voluntarily dismissed its own claims against TouchTunes for interference with contracts and unfair competition. In January 2004, TouchTunes filed a counterclaim that Ecast infringed on their patent rights by incorporating Touchtunes’ technology into their systems.[6][7]

Ecast also had a separate patent infringement case against TouchTunes, charging the company with infringement by selling its jukeboxes within the U.S.[6]

Ultimately TouchTunes and Ecast agreed to cross-license TouchTunes' U.S. Patent No. 6,308,204 and Ecast's U.S. Patent No. 5,341,350, which it licensed from NSM Music Group Limited.[6]

Civil antitrust action

In September 2005, the Attorney General of the United States filed a civil antitrust action against Ecast, Inc. and NSM Music Group, Ltd. The lawsuit alleged that a February 2003 agreement between the companies agreement was in violation of Section 1 of the Sherman Antitrust Act. Specifically that the negotiations which eventually led to NSM Music Group manufacturing Ecast's hardware, after their previous manufacturer terminated the supply agreement, included an agreement by NSM to abandon its plans to enter the U.S. market in return for an upfront payment by Ecast. The Attorney General contended that NSM's agreement caused them to abandon their plan to incorporate their own distinctive digital jukebox platform into their physical jukeboxes and enter the United States market.[8]

The Department of Justice simultaneously announced alongside the lawsuit that it had reached a settlement with NSM and Ecast under which the two companies terminated their non-compete agreement.[9]

Samuel "Mouli" Cohen

In 2009, Ecast co-founder and one-time CEO and Executive Chairman, Samuel "Mouli" Cohen defrauded 55 investors, including actor Danny Glover and the Vanguard Public Foundation, of more than $28 million and two lawsuits were filed.[10] Cohen told investors that Ecast, Inc. was about to be acquired by Microsoft. Based on those false representations, victims purchased some of Cohen’s founders’ shares in Ecast.[11]

A federal grand jury in 2010 indicted Cohen on 32 felony counts of fraud and money laundering[12] and was arrested in August 2010.[13] In November 2011, Cohen was found guilty of 15 counts of wire fraud, 11 counts of money laundering, and three counts of tax evasion. He was acquitted of six additional charges.[14] At the courthouse, he was taken into custody.[14][15][16]

See also

References

  1. ↑ 1.0 1.1 "Ecast, Inc. - Private Company Financial Research". PrivCo. Retrieved July 17, 2013.
  2. ↑ 2.0 2.1 2.2 2.3 "Ecast Inc. - Company Profile". InsideView. Retrieved July 17, 2013.
  3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 "Ecast Inc. - Private Company Information". Businessweek. Bloomberg. Retrieved July 17, 2013.
  4. ↑ 4.0 4.1 4.2 4.3 4.4 Montano, Nick (March 2012). "Ecast Shuts Down Jukebox Network On March 1". Vending Times 52 (3).
  5. ↑ "Ecast, Inc. San Francisco California". DOmedia. Retrieved July 17, 2013.
  6. ↑ 6.0 6.1 6.2 6.3 Meland, Marius (April 29, 2004). "TouchTunes and Ecast Settle Patent Disputes". Law360 (New York). Retrieved July 17, 2013.
  7. ↑ "TouchTunes Counterclaims Against Ecast and Rock-Ola for Patent Infringement" (Press release). PRNewswire-FirstCall. January 13, 2004. Retrieved July 17, 2013.
  8. ↑ U.S. v. Ecast, Inc. and NSM Music Group, Ltd. (D.D.C. September 2, 2005). Text
  9. ↑ "TLJ Daily E-Mail Alert No. 1,209". Tech Law Journal. September 8, 2005. Retrieved July 17, 2013.
  10. ↑ "Lawsuit says ex-Marin executive defrauded investors". Retrieved 17 January 2012.
  11. ↑ Elias, Paul (May 1, 2012). "Samuel 'Mouli' Cohen Sentenced To 22 Years In Prison For $30 Million Fraud". Huffington Post. Associated Press. Retrieved July 17, 2013.
  12. ↑ Egelko, Bob (August 10, 2010). "Fraud suspect indicted; Vanguard among victims". The San Francisco Chronicle. Retrieved 17 January 2012.
  13. ↑ "Ecast Founder Mouli Cohen Convicted Of $30M Fraud". Vending Times. Retrieved 17 January 2012.
  14. ↑ 14.0 14.1 "Founder And Former Ceo Of Technology Company Convicted Of Defrauding Victims Out Of More Than $30 Million". Press Release - United States Attorney's Office, Northern District of California. Retrieved October 20, 2013.
  15. ↑ Willingham, Brian. ""Red Flags" You Should Have Seen – A Look Back at Mouli Cohen". Diligentia Group Inc. Retrieved 17 January 2012.
  16. ↑ Egelko, Bob (11 November 2011). "Mouli Cohen guilty in $30 million investment fraud". San Francisco Chronicle. Retrieved 17 January 2012.