Aereo – Antenna http://blog.commarts.wisc.edu Responses to Media and Culture Thu, 30 Mar 2017 23:48:47 +0000 en-US hourly 1 https://wordpress.org/?v=4.7.5 What Are You Missing? Dec 30 – Jan 12 http://blog.commarts.wisc.edu/2014/01/12/what-are-you-missing-dec-30-jan-12/ Sun, 12 Jan 2014 14:00:09 +0000 http://blog.commarts.wisc.edu/?p=23300 Happy New Year! Here are ten or more media industry news items you might have missed recently:

WWE Network1) WWE announced during CES this week the upcoming launch of WWE Network for February 24th, a first of its kind over-the-top 24/7 streaming channel with on-demand access to a vast library of content. The move comes after years of speculation as to the form the previously announced WWE Network would take, with WWE attempting deals with both cable and satellite providers for a more traditional system WWE Network will be accessible on nearly all digital platforms like Android, iOS, Kindle Fire, Roku, Playstation, XBox, smart TVs, and more all through a single subscription fee of $9.99 a month with a six month commitment. The fact that the content (both new originals and archival) will include WWE’s monthly Pay-Per-Views at no additional cost has ruffled some traditional outlet’s feathers, as DirecTV has threatened to stop offering PPVs since the WWE Network will essentially compete against them. With WWE about to enter renegotiations with cable channels for airing rights to its television shows, the Network’s upcoming launch will certainly play a factor.

2) Following up on rumors of a deal for Time Warner Cable, John Malone’s Liberty Media Corp has said it plans to buyout SiriusXM, putting Malone in a clearer position in consolidation with Time Warner Cable due to Liberty’s controlling stake in competitor Charter Communications. It is a very complicated plan, involving the creation of a new class of stock for the company, but the bottom line is it makes for even more consolidation and puts Liberty in a better position to acquire Time Warner Cable through its Charter holdings. There are those who object, notably shareholder Ralph Nader, but Liberty defends the plan as leading to a more rational structure.

3) A big week for online television service Aereo, as the Supreme Court has announced it plans to hear the case between the startup and four major broadcasters. The case is an appeal made by CBS, ABC, NBC, Fox and others after they were denied an injunction over whether Aereo’s system that captures their broadcast signals and reroutes them to customers Internet devices violates performance rights. This is a massive case, ABC Television Stations vs. Aereo for those playing at home, as the future of network television and its relationship to Internet platforms hangs in check. The news of the high court taking the case came just days after Aereo had closed on $34 million in additional financing, putting them at $97 million raised to date. How much that is really worth will be decided by the Supreme Court in their upcoming docket.

Springsteen-Good-Wife4) If you plan on watching CBS’s The Good Wife on Sunday night (and why wouldn’t you be!?), you can look forward to three songs from Bruce Springsteen’s upcoming new album High Hopes, part of a larger partnership between Springsteen and CBS to promote the upcoming album’s release. The albums is currently streaming on CBS.com as a sneak preview, a move promoted after last week’s episode of The Good Wife. This is a rare move for a network to host an album debut on its website, something more traditional online and music retailers are sure to dislike.

5) Speaking of online music retailers, they have more bad news this year as 2013 marks the first time digital music sales have decreased. The drops come in the form of both individual track sales as well as album bundles, despite the latter starting the year strong. The main culprit being blamed is the increase in popularity of ad-based and subscription-based music streaming services like Pandora and Spotify, though streaming numbers for 2013 have yet to be released.

6) Not to fear, as 2013 was also a year of massive rises in media company stocks. Most major media conglomerates closed out 2013 at 52-week highs, with Disney being a big winner with their stock gaining over 51% this past year. When you expand to look at the entire market, Netflix had an astonishing year growing 296%, placing it as the second-highest performing stock of 2013 behind only Tesla, the up-and-coming luxury electric car manufacturer. When it comes to films, Lionsgate did well off the back of The Hunger Games: Catching Fire, rising 99.2%. For television, AMC did quite well closing 2013 up 34%.

7) Perhaps bolstered by its stock’s performance, Netflix raised the salary of CEO Reed Hastings by 50%, bringing it to $6 million for 2014. This is the man who just two years ago helped announce Qwikster, which almost signaled the end for the video-streaming service that is now outpacing every prediction.

8) The Parents Television Council is pushing for an overhaul of film and TV ratings, claiming the current system is inaccurate. PTC president Tim Winter criticized the systems by saying, “content ratings much be accurate, consistent, transparent and publicly accountable. The current system is none of that.” While the MPAA has yet to comment, industry-supporting organization TV Watch has pushed back, arguing the PTC uses flawed methodology and false claims to push their agenda.

Chinese multimillionaire Chen Guangbiao gives money away to street cleaners during an event organized by him in Nanjing9) Mostly because I wanted to include a picture of that suit, controversial Chinese tycoon Chen Guangbiao has intentions to buy the New York Times Co., what he deems the most influential news outlet in the world. Making millions in waste management, Chen claimed to have set up a meeting with the company, which is an odd choice since the NYT’s website is currently blocked in China. After this meeting was rebuffed, Chen admitted it would be a difficult acquisition, but insured others his intentions were genuine.

10) Staying with China the country has temporarily lifted a 14-year ban on video game consoles. The ban started in 2000 with the Chinese government claiming they were dangerous to one’s health. This opens the door for foreign console manufacturers like Microsoft, Sony, and Nintendo to begin manufacturing in the Shanghai Free Trade Zone.

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What Are You Missing? Nov 11 – Nov 24 http://blog.commarts.wisc.edu/2013/11/24/what-are-you-missing-nov-11-nov-24/ Sun, 24 Nov 2013 14:00:45 +0000 http://blog.commarts.wisc.edu/?p=22920 Here are ten or more media industry news items you might have missed recently:

The_Simpsons_FXX1) The Simpsons are going to… cable! FXX, the recent comedy-focused spin-off of Fox-owned FX network has claimed the first cable rights to The Simpsons in a massive, $750 million dollar deal (though this could rise as new seasons are produced) that includes over 530 episodes (and counting). This is the biggest off-network deal in television history, adding another record to the long-running series. Perhaps even more intriguing is the deal’s inclusion for online streaming on the soon-available FXNOW mobile app as well as via video-on-demand. More details on the deal and scheduling are sure to emerge before the syndication begins next August.

2) An even bigger deal may be soon on the horizon as Time Warner Cable appears to be on the market with interest from both Comcast and Charter. First, the Wall Street Journal reported Charter Communications Inc. was nearing an agreement to raise funds for the purchase, a move that falls in line with Liberty Media’s John Malone’s (which owns 27% of Charter) recent pushes for cable consolidation. If that wasn’t enough, CNBC reports Comcast is also interested in a deal for Time Warner Cable, a move supported by their shareholders. This officially makes Time Warner Cable the belle of the ball, as TWC stock jumped to a 52-week high amid the purchase chatter. The FCC hasn’t said anything yet because of course not. But one has to wonder what role they’ll play.

3) Speaking of those guys, the FCC, under newly-appointed chairman Tom Wheeler, has voted to raise the cap on how much foreign entities can own of broadcast stations, both radio and television. Currently, there is a 25% cap on how much foreign companies can invest, a level current commissioners are described as outdated.

4) A new study out of (the) Ohio State University and Annenberg Public Policy Center has found the level of gun violence in PG-13 films is now greater than R-rated films. The study looked at 945 films from 1950 to 2012, noting an overall increase in gun violence and a marked increase in PG-13 rated films since that rating’s inception. The authors call for new restrictions from the MPAA as related to gun violence, particular in those lower rated films.

Bond22

5) Two of the most iconic pop culture figures of the last 50 years, Superman and James Bond, have now had long-standing copyright lawsuits settled. First, Warner Bros. won an appeal case against the estates of Superman co-creators Jerry Siegel and Joe Shuster, ending a copyright claim filed back in 2003 and giving them complete control. Next, MGM & Danjaq have now acquired all copyrights for James Bond after settling with the estate of Kevin McClory, who opened the case 50 years ago after claiming he proposed the idea for making a Bond film to creator Ian Fleming.

6) A big courtroom victory for Google and fair use as a federal judge has ruled Google Books is considered fair use and “provides significant public benefits.” The case had been active for nearly 10 years, when a coalition of authors and publishers started the case in 2005. The ruling will surely move to appeal, but the precedent for fair use is powerful and will certainly have impact beyond just Google’s service.

7) From lawsuits ending to one just beginning: the National Music Publishers Association (NMPA) held a conference where they announced their intention to take legal action against music lyric websites, claiming the sites profit from copyrighted works through their ad revenues. The publishers have targeted 50 websites and sent takedown notices, claiming they will not push for legal action unless the requests for heeded.

8) A new wrinkle in the enduring, critical lawsuits against network streaming startup Aereo as the National Football League and Major League Baseball have taken a side against Aereo, claiming they will move all of their games to cable if Aereo is found to be legal. This “friend of the court” filing with the Supreme Court aims to sway judges and show support for the multiple broadcasters taking Aereo to court. Barry Driller, a major investor of Aereo, doesn’t seem fazed, claiming the NFL is “just making noise.”

9) In the same week Sony released its next-generation video game console Playstation 4 with over 1 million sales, the company announced plans to cut $100 million from Sony Entertainment, making the company leaner and more focused. A large part of this will be reduced film production, a move Amy Pascal says will create “a more equitable balance between risk and reward.”

10) It probably won’t lead to Obamacare level criticism, but Barack Obama hasn’t made friends with some visual effects artists. After it was announced President Obama would visit DreamWorks Animation studio for a speech and visit with Jeffrey Katzenberg, visual effects artists at the company have planned to protest the visit due to the increased outsourcing of jobs to foreign countries.

And finally, two silly stories from a silly industry:

Its-A-Wonderful-Life-570x429The Internet exploded this week when it was reported an “It’s A Wonderful Life” sequel was being planned. In a surprising twist (like in the movie!), Paramount announced it would fight any proposed sequel, claiming any project would require a license from the studio. With the film possibly dying a quick death, we will all have to ask an angel to show us a world where this sequel did, in fact, get released.

Mike “The Situation” “The Stupid Nickname” Sorrentino of Jersey Shore ‘fame’ is under federal investigation as the U.S. Attorney’s office has issued subpoenas for company records from businesses Sorrentino owns like MPS Entertainment and a clothing line. I would make a joke about this, but I don’t know enough about this ‘celebrity’ to say something witty.

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What Are You Missing? Oct 14 – Oct 27 http://blog.commarts.wisc.edu/2013/10/27/what-are-you-missing-oct-14-oct-27/ Sun, 27 Oct 2013 13:00:22 +0000 http://blog.commarts.wisc.edu/?p=22437 Here are ten or more (spooky?) media industry news items you might have missed recently.

hbo-vs-netflix1) Our top story sees what could be a monumental shift in the battle between online streaming and cable operators, as Comcast has plans to offer a new promotion called “Internet Plus,” a broadband internet bundle that includes limited basic TV and, for the first time being offered through a broadband package, HBO and HBO Go. The move is seen as a reaction to recent gains in Netflix subscribers, the rise in piracy (particularly of HBO), and the increasing number of cord-cutters throughout the nation. This would be the first time HBO is available to consumers without a cable package, placing them in a better position to challenge Netflix.

2) The timing of the (apparently) insider information is intriguing, as just last week reports came out that Netflix was in talks with pay-TV companies like Comcast about making the streaming service available via set-top boxes. While Netflix is available on other entertainment boxes like Roku, XBox, and PlayStation, this would be the first time Netflix would be available through a cable company’s box. The report comes alongside even more good news, as Netflix has come to its first production deal with a major Hollywood studio, Sony Pictures Television. The order is for 13-episodes to be released exclusively on Netflix. All this news was good for Wall Street, as Netflix shares went up 8 percent following the reports.

3) FilmOn X, the broadcast-streaming rival to Aereo with a terrible name, is faring poorly in the courts, as a U.S. District Judge has refused to lift a near-nationwide injunction against the service as part of its lawsuit with multiple broadcasters. After restarting transmissions in Boston after Aereo won a similar (but different) ruling, Judge Rosemary Collyer was so upset with FilmOn X, she threatened to hold the company in contempt if they are unable to provide evidence as to why she should not. Meanwhile, Aereo continues to avoid injunctions, though broadcasters in that case are now petitioning the Supreme Court to address the suit.

4) One of the Internet’s largest BitTorrent websites, isoHunt has officially been disabled following a piracy lawsuit that saw the site settling for $110 million. The settlement was made between the operators of isoHunt and the Motion Picture Association of America (MPAA) after the site was being sued by multiple Hollywood studios. And with this settlement, Hollywood will never have to worry about piracy again!

playground-productions5) A new challenger approaches… The world’s largest toy manufacturer, Mattel has entered the original entertainment market with the launch of Playground Productions, an in-house studio devoted to multiplatform storytelling arm that will utilize a variety of Mattel brands like Hot Wheels, Barbie, He-Man, and more. The move is seen as a way for Mattel to retain more control over its intellectual properties, as well as a way to more directly enter the lucrative entertainment market of TV, video games, and direct-to-video titles. The approach known as “push-to-play” emphasizes how Mattel wants the entertainment properties to encourage kids to play with the toys associated with the property.

6) The Federal government shutdown might be over, but Ted Cruz is still devoted to making sure nothing gets accomplished on Capitol Hill. The Texas Senator and Tea Party favorite has blocked the nomination of Tom Wheeler as the next FCC chairman. The hold, according to Cruz, is due to Wheeler not addressing a question about whether the FCC has the authority to require campaign spots to reveal the source of their funding. So, once again, hooray Congress!

7) Break out those checkbooks but keep the memo to 140 characters, as Twitter has set its IPO price at $17-$20 per share. The social media company anticipates selling 70 million shares, which would come out to… well, the company would be valued at $12 billion. #baller

8) In the latest update to the ongoing legal troubles of SiriusXM, the satellite radio company has struck back against the class action lawsuit brought against them for distributing pre-1972 recordings without license. The company contends that no state law requires them to pay such fees, and federal copyright of sound recordings didn’t apply before 1972. SiriusXM claims the lawsuit would upend traditional practice for use of pre-1972 sound recordings, massively shifting the industry and causing major harm.

sony-sues-united-airlines9) Sticking with music, Sony Music is suing United Airlines for copyright infringement, claiming the airline did not obtain permission for use of licensed music for inflight entertainment. Sony is seeking an injunction and damages, citing the music system on the airline being “interactive, on-demand” means the use is not covered by an outside royalty collection firm.

10) A new study out of Cologne University in Germany has finally answered the question no-one realized was being asked: Eating popcorn makes theater ads less effective. The awesomely-titled report “Popcorn in the Cinema: Oral Interference Sabotages Advertising Effects,” is in the latest issue of the Journal of Consumer Psychology.

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What Are You Missing? Sept 2 – Sept 15 http://blog.commarts.wisc.edu/2013/09/15/what-are-you-missing-sept-2-sept-15/ Sun, 15 Sep 2013 13:00:15 +0000 http://blog.commarts.wisc.edu/?p=21711 Here are ten (or more) media industry news items you might have missed recently.

Apple-iphone1) Our top story because APPLE: This past Tuesday an Apple press event marked the announcement of two new lines in the massively popular iPhone series, the 5C and 5S. The 5S is presented as the fully upgraded new model with the 5C as a budget-friendly (relatively) version of last year’s iPhone 5. The most talked about new feature of the 5S is TouchID, a thumbprint authentication security system that has some excited over an end to PINs and others fearful of the possible hacking opportunities the feature opens up. Wall Street seemed less impress than this Tokyo man already in line, as Apple stock took a large tumble following the announcement, losing $30 billion in market cap value.

2) IT. IS. OVER! The beginning of September brought an end to the month-long blackouts of CBS, Showtime, and other channels from Time Warner Cable in a disputed negotiation over retransmission fees. It seems CBS eventually came out on top, gaining increases in fees and a rise in their stock following the new deal. CBS head Leslie Moonves claims the blackout had no financial impact on CBS, calling the cost “virtually nothing.” Time Warner Cable, on the other hand, did lose subscribers during the blackout, as well as costs for marketing expenses, distributing free antennas, and other promotions. If this story was more exciting for you to follow than, say, CBS programming, don’t worry! Analysts say more blackouts are bound to happen in similar disputes, with prices likely going up for cable consumers. Hooray!

3) There were two type of shakeups at NBCUniversal over the past two weeks. The first comes within their management, as TV executive Jeff Shell is moving up to head Universal Studios replacing Ron Meyer, who is being promoted within Comcast. The movement is seen as a bit of a shocker, as this means former Universal Pictures chairman Adam Fogelson is out, despite performing adaquetly but focusing on domestic distribution and marketing. Shell’s previous position at Universal International within Comcast indicates this is a shift towards a more internationally-focused campaign for Universal.

Esquire Network4) The second NBCUniversal shakeup comes on the cable channel end, as the previously announced Esquire Network will take over and replace Style on September 23, and not G4 as previously announced. Cable group chairman Bonnie Hammer noted in a memo that the shift was due to Style presenting a “brand overlap” with other NBCUniversal networks like Bravo, E!, and Oxygen. This means G4 will remain for the time being, despite canceling most of its gaming/technology original programming in anticipation of the rebrand. There are always COPS reruns to show.

5) Twitter has officially announced plans to go public, with the social media giant filing for IPO being officially announced in, appropriately, a Tweet. Estimates place the company at a worth of about $10 billion with the company making $583 million in revenue this year. This is the second major social media giant going public, and after the fiasco of Facebook’s opening that saw initial prices plummet, Twitter’s offering poses to renew the battle between the sites, as well as impact values of burgeoning social media enterprises.

6) BBC executives faced Parliament last week over excessive severance packages paid out to senior execs during widespread austerity cuts in the country. Most of the attention is on former BBC director general and current CEO of The New York Times Mark Thompson, who is trying to shift some of the blame to BBC Trust chairman Chris Patten, claiming he was misleading Parliament about the severances. In front of Parliament, Thompson made the argument that, and this is true, the severance payments helped reduce costs. The entire ordeal has lead many in Britain and Parliament to call for tighter scrutiny over the operations at BBC, with an upcoming review of the internal governance systems and relationship between BBC management and the BBC Trust, the broadcaster’s regulator.

7) In a move that seems to indicate a refocused direction, Microsoft has eliminated all contract and freelance writers from the company’s online news portal MSN. Despite the site getting solid U.S. traffic, comparable to AOL and Yahoo, all current assignments will be cancelled at the end of the month. It has not been revealed the fate of the site, or the amount or status of the freelancers affected.

8) While broadcasters continue to struggle in court over Aereo, they did gain a victory against another internet streaming service, as a collection of networks have successfully filed an injunction against FilmOn X, a service allowing live streaming of local networks online. Although just a preliminary decision, the case marks a departure from the standards set in the Aereo ruling which allowed the streaming service to continue operating during hearings. The differing opinions could lead to a date at the Supreme Court down the road.

9) SirusXM, the satellite-radio giant, is facing a fourth $100 million lawsuit in just this past month over SiriusXM not paying rights fees for playing pre-1972 recordings which are protected under state laws. It doesn’t stop there, as SiriusXM is facing its fifth and largest lawsuit yet, this one coming from major labels Sony Music Entertainment, UMG Recordings, and Warner Music Group. SiriusXM has yet to respond to any of these lawsuits.

UpFail10) And to end on a lighter (ha) note, here’s the story of a man, inspired by the Pixar film Up, who tried and failed to cross the Atlantic via a cluster of balloons. Just 12 hours after his departure from Maine, a “technical glitch” forced him down in Newfoundland. Though 12 hours, that’s something!

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What Are You Missing? July 8 – July 21 http://blog.commarts.wisc.edu/2013/07/21/what-are-you-missing-july-8-july-21/ Sun, 21 Jul 2013 13:00:25 +0000 http://blog.commarts.wisc.edu/?p=20898 applebookTen (or more) media industry news items you might have missed recently.

1) Apple has lost an antitrust lawsuit brought by the Department of Justice in a ruling that found Apple to have colluded with five major book publishers in an effort to raise e-book prices. To summarize Apple’s actions, they helped push the e-book publishing market from a “wholesale” model to an “agency” model, “where publishers set the price and Apple got a fixed percentage of the sale price.” This was all part of Apple’s attempts at undercutting Amazon, who have dominated the e-book sales, having once held 90% of the market. A hearing has been set for August 9 to discuss remedies/damages, but Apple says it is already planning an appeal.

2) Just what is happening at Hulu? After weeks of buyer speculation, with recent reports claiming a final group of four buyers (including DirecTV and Time Warner) were making moves to finalize a deal, the sale was called off entirely. The current owners, 21st Century Fox, NBCUniversal, and Disney, claimed the final offers didn’t meet their expectations and have come to a unified strategy. However, reports claim the three owners are considered bringing in more partners, with Time Warner Cable being a potential front runner. Who knows what will happen, as Hulu has been placed on and taken off the auction block before.

3) Speaking of Time Warner, they have some bigger issues at hand as their deal with CBS for retransmission ended in June, and the #1 network is asking for a huge increase in fees. The behind-the-scenes negotiations have spilled out into public threats by CBS to pull the plug, using the threat of blackouts to pressure Time Warner into giving in, claiming in a new ad blitz that Time Warner is, “threatening to hold your favorite TV shows hostage and drop CBS.” While currently nothing has been done, public outcry of blocking a free-to-broadcast channel could lead to FCC or Congressional action.

4) After recently deciding to cut ties with Warner Bros. after eight years, Legendary Pictures has come to a new distribution (and co-financing/marketing) deal with NBCUniversal. The new five-year deal will begin in 2014, following Legendary’s focus on tentpole action films which they hope to leverage with Universal’s theme parks and other cross-promotional opportunities.

rolling_stone_bomber_cover_large5) The announcement and reveal of Rolling Stone’s August issue generated massive controversy, as the cover depicts alleged Boston Marathon Bombing suspect Dzhokhar Tsarnaev and has drawn comparisons to the similar style of framing as their celebrity-laden covers. The cover and the surrounding controversy has led to multiple retailers refusing to carry the issue including Kmart, CVS, Walgreens, Rite Aid and some 7-Eleven stores. The city of Boston has responded as well, with college bookstores taking varying degrees of bans/display and mayor Thomas Menino writing to Rolling Stone’s publisher bemoaning the cover that “rewards a terrorist with celebrity treatment” rather than focus on the survivors.

6) Following last week’s news of the departure of President of Interactive Entertainment Don Mattrick, Microsoft has now detailed a organizational realignment which sees Julie Larson-Green, formerly the head of Windows, becoming the head of a new entertainment-focused group that includes all hardware development, games, music, and video. This shift comes at a crucial time for Microsoft with the release of the XBox One later this year, stuttering Surface tablet sales, and the PR snafu of the new XBox policies and their subsequent reversal.

7) Following the lead of News Corp. and Time Warner, Tribune has announced plans to separate its publishing and broadcasting divisions that will see the Tribune Publishing Co. take control of its eight newspaper holdings, while Tribune Co. will retain the local TV stations, WGN America, and stakes in Food Network, digital and real estate assets. The spin off is meant to allow both companies to retain greater focus and tailor operational strategies to better suit their mediums. Some are wondering if this means a potential selling of either new company in the future, as Tribune is not publicly traded.

8) Although Google, Microsoft, Yahoo, AOL, and other advertising network managers recently unveiled a set of voluntary “best practices” to help fight copyright infringement, the Motion Picture Association of America (MPAA) does not think it is enough. The anti-piracy plan calls for the networks to respond to copyright holder complaints with a dedicated contact person. The ad network would then lead an investigation to decide whether to contact the site, deny ad placement, or simply remove the site from the network. MPAA chairman Chris Dodd claims this only addresses a small part of the problem while placing too much burden on the rights holders… like the people in the MPAA.

GREECE-ECONOMY-MEDIA9) In a follow-up to reports a few weeks back regarding the shutting down and then reopening (a less-staffed) Greece public broadcasting station, the Greek government has now launched a new network, Greek Public Television (EDT), to take over for the Hellenic Broadcasting Corporation (ERT). ERT’s staff is now opposing the new channel, demanding a re-opening of the original broadcaster.

10) Aereo has won again at the courts, as a U.S. appeals court has declined to rehear the case brought by major broadcasters like Disney’s ABC and Comcast’s NBC. The broadcasters claim Aereo (an online television start-up that retransmits over-the-air networks) infringes copyright, but courts refused to shut down Aereo at a hearing back in April. The larger cases (CBS Broadcasting Inc et al v. AEREO Inc and WNET et al v. AEREO Inc) are still being decided, but for now, Aereo will stay on the… online.

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What Are You Missing? Apr 28 – May 11 http://blog.commarts.wisc.edu/2013/05/12/what-are-you-missing-apr-28-may-11/ Sun, 12 May 2013 13:05:45 +0000 http://blog.commarts.wisc.edu/?p=19866 WAYM-Iron Man 3Ten (or more) media industry news items you might have missed recently:

1) This installment starts with news that that I’m sure no one missed. Iron Man 3 made its worldwide debut, but all eyes were on China, which put up a respectable $21.5 million on opening day. In North America, our $68.3 million opening day brought IR3 within striking distance of a half-billion dollar box office after less than two weeks of release. Keeping all of that in mind, can you really blame RDJ?  But life’s not all about the Benjamins, friends. Apparently, Tony Stark is doing good business (“business”?) among pirates, who elevated IR3 to #3 on TorrentFreak’s list of the most illegally downloaded films. Haven’t seen the movie yet? Here are some other ways to enjoy the atmosphere: becoming Iron Man, keeping up with Robert Downey, Jr., on Sina Weibo, or basking in RDJ’s charisma.

2) Speculation about NeXtBox – can we make this a thing? – is picking up ahead of a launch event set for May 21. Exact details about the release date, price, and specs are yet to be revealed, but as I get on in years, I find what matters most is that I be allowed — encouraged even — to play alone. What do we know about NeXtBox? Well, apparently it supports a projector system capable of making you wish that you didn’t have so much furniture. Don’t invest in a blank wall yet, however; Illumiroom may not be ready for Microsoft’s next-gen rollout. If you’re not on Team Microsoft, there’s always the PS4 to look forward to.

3) The future is arriving at the speed of time, and next-gen gaming systems are just the start. San Francisco played host last week to the first NeuroGaming Conference and Expo, where “ineluctable modality” was just a string of cool-sounding syllables. Commercial potential for games that track player heart rate, brain waves, pupil dilation, and a host of other physiological data is still slight, but Google Glass may help start-ups find a direction. We all saw Strange Days, right? Less pie-in-the-sky are developments in controller design. Thalmic Labs’ Myo promises “effortless interaction,” bringing us all one step closer to living out our childhood fantasies or five steps closer to saying, “Remember when…?” Also, this exists.

4) Let’s pretend this is a surprise. Google Glass is coming, presumably for people more interesting than myself, and some of the source code has been released, so developers have been put on notice. What are the possibilities? Where to start: wink-based photography, making Vine videos, making and uploading YouTube videos, ARG gaming (a covert valorization of early adoption?), Facebooking, and updating your software. But it’s not all sunshine and rainbows; get a head start on worrying about surveillance, privacy, basic social interactions, keeping expectations realistic, and not looking like a jerk. And you don’t have to be excited about the tech itself to enjoy the ad campaign. White Men Wearing Google Glass has made a game of tracking down the instrument’s target demographic. So far, though, I’m most concerned about a different set of would-be users. Finally, I’m going on record. Google Glass is still only playing second-fiddle. The Large Hadron Collider (or any particle accelerator) exists; for the rest of us, there’s Google Glass.

5) First, some context: The Syrian Electronic Army has been around the digital block a few times, becoming something of a nuisance for high-profile critics of the Assad regime. The group’s latest target was The Onion Twitter account, where it posted a number of pro-Assad and anti-Semitic tweets just because they couldn’t take a joke. The Onion responded as you’d expect: one news story poking humor at the hack and another announcing tighter security. (When connectivity is a weapon, I feel compelled to point out that feelings of levity should be brief. See the end of the WaPo story for evidence.)

6) How are things at DreamWorks? Awesomeness abounds.  It’s overflowing even, so they’ve sent some to China. But is ‘awesome’ for DreamWorks ‘awesome’ for everyone? It may be for a selection of YouTube content providers. Subscription channels are coming. Big Bird may be involved, but WWE isn’t biting (for now?).  As much as things change, other things remain the same…unless this happens. That would be a fairly significant development.

7) Netflix’s streaming service lost almost 1,000 titles on May 1. Users and the media took to calling the event Streamageddon, but I was partial to Apocaflix. Netflix (see, it’s right there in the name!) has begun testing new layouts, which makes me wonder if Facebook has conditioned us to complain. Then again, Netflix has its competitors to think about, and they do seem to be cropping up. If the market gets tight, there’s always money in the banana stand.

8) A smattering of stories about trademarks and copyrights… Instagram has the dubious honor of having its name informally tacked to recent British copyright legislation. Do you think Warner Bros. performed a “diligent search” before being sued for its unauthorized use of Keyboard Cat and Nyan Cat? Barry Diller is calling broadcasters’ bluffs over Aereo, and Fox is doing its best Shredder impression, claiming the court battles are just beginning. For what it’s worth, Aereo is taking steps to keep that from being the case. Also, who has the heart to argue with Harper Lee? If Gregory Peck were still around, I bet he’d get involved.

9) What’s killing cinema? Steven Soderbergh has the answer. “[F]ive and a half hours of mayhem,” you say? It sounds so Shakespearean, but I expect it signifies more than nothing. Don’t worry about Soderbergh, though, he’s got a Plan B, available for your enjoyment here.

10) What else is there to talk about? Rest in peace, George Jones, Deanna Durbin, and Ray Harryhausen. In case you’re unfamiliar with any of them, here’s the greatest country song of all time (by some accounts), an appreciation and analysis of fan appreciation for Durbin, and a primer on Harryhausen’s work. (The pay wall won’t block the videos, so click on through!) Ender’s Game is on the way. To my father’s great shame, I’ve never read it. As for Mr. Card, he depresses me too much to make a joke. Star Wars day happened. Nielsen says welcome to the family. And get ready for some AIP remakes!

11) What?! That’s right. ELEVEN! One extra for the art and science that caught my eye. Here’s a stop-motion movie using atoms as pixels, meaning there’s at least one digital format with resolution superior to 35mm film. Roger probably would have stood his ground on this one. I know people who actively change the typeface of their handwriting every few years. Earth driving is easy. The mysteries of the cosmos are out there to be discovered, but don’t forget that people can be pretty gosh darn cool, too.

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Aereo and “Free” Broadcasting http://blog.commarts.wisc.edu/2013/04/18/aereo-and-free-broadcasting/ http://blog.commarts.wisc.edu/2013/04/18/aereo-and-free-broadcasting/#comments Thu, 18 Apr 2013 14:00:59 +0000 http://blog.commarts.wisc.edu/?p=19701 Aereo logoBroadcast networks Fox, ABC, Univision, along with PBS, are suing Aereo, a service that retransmits broadcast signals to paying subscribers over the internet, for copyright infringement. Such suits are regularly deployed by legacy industries against emerging technologies (Napster, VCRs, CATV, radio, player pianos) desperate to protect their old distribution systems and business models.

Setting aside the question of the viability of the broadcasters’ legal case, as well as the question of how useful Aereo might be for audiences, I’d like to consider the larger historical context of the broadcasters’ objections to Aereo. How might this case reflect how broadcasters are revising their commitment to “free” over-the-air (OTA) broadcasting? And how might this case reveal something about the shifting business models of OTA broadcasting, historically reliant solely on advertising revenues?

As other scholars have noted, proponents of advertising-supported U.S. broadcasting have since its origins in the 1920s-30s identified commercialism with freedom, both economic and political. Broadcasters get free spectrum, and the public gets programming free of cost to themselves and free from government control. They pay only with their attention to advertisers’ messages, attention organized and sold by broadcasters to advertisers. To address the criticism that a public resource, the spectrum, is being used for private gain, lawmakers require stations to serve the “public interest, convenience, and necessity”–a slight limitation on broadcasters’ First Amendment rights.

For nearly a century, competition to OTA has been regularly characterized not as a threat to broadcasters’ oligopoly but to “free” broadcasting and American liberty. For example, William Benton’s effort to create a subscription wired audio programming service (an early version of Muzak) was attacked for undermining “free” broadcasting, for attempting to impose a “tax” on listeners. Until 1977 or so, broadcasters prevented competition from cable television services by prevailing on the FCC to ban the importation of distant signals–an effort that, although it was actually designed to secure broadcasters’ oligopolistic control, was dressed up as the preservation of “free” programming from the threat of “pay TV.

Today only about 10 percent of US households receive free OTA broadcasts. Most subscribe to multichannel video program distributors (cable operators, telcos, DBS, collectively known as MVPDs) and pay for the privilege of choosing among hundreds of program providers (most of which also carry advertising). After many court battles, some over copyright, others over the First Amendment, and many regulatory changes, the television industry has integrated broadcasting and cable networking in such a way as to allow the traditional OTA networks (ABC, CBS, NBC, Fox, CW) to receive a share of MVPD subscription revenues, known as retransmission consent (operators must compensate broadcasters for the retransmission of broadcast signals). These fees, as many have pointed out, are at stake if a disruptor like Aereo does not pay them to OTA networks.

When NewsCorp COO Chase Carey claims that, “Aereo is stealing our signal,” he ignores the fact the signal is still free to individual households (Aereo’s “theft” is based on a theory of “public performance”; Aereo claims its retransmission is a private performance). The exemption from fees, which in past eras was used to justify the ad-supported business model, is fading from memory: the industry now expects that audiences must pay. Since 85-87% of households do pay for television, the industry wants to believe this will remain the norm. However, over the top (OTT) services, such as Netflix, are providing options for cord cutters, “cord nevers,” and zero-TV households to opt out of the pay-TV bundles. (As broadband providers, the MVPDs are less endangered by this shift than the TV networks are.)

Carey’s threat to cut off Fox’s OTA signal and make the network available only through a MVPD subscription also indicates that many in the industry may be ready to discard the network/affiliate model of distribution. The technological need to use affiliates to retransmit network feeds has long since ended. Leaving the “free” broadcast spectrum would allow Fox to program without the onus of serving the public interest. Most view this threat as saber rattling, but it may be logical from both technological and economic perspectives: why continue to share retransmission fees with affiliates when Fox doesn’t need local stations or spectrum for national distribution?

Rather than embrace Aereo as a way to expand viewership (especially among cord cutters and cord nevers) and thus raise advertising airtime prices, broadcasters seem to be caught up in the fantasy that they are owed money for their transmissions–despite their continuing use of free public spectrum. Instead of relying on ad revenues fully to subsidize their programming, as they have for decades, broadcast networks today are expecting retransmission fees to become a greater percentage of their revenues (from about $2B/year to perhaps $6/B). Instead of embracing the possibilities of emerging business models, some of which rely on giving content away for free and so resemble the legacy broadcast business model, these broadcast networks are apparently throwing in their lot with the closed MVPD oligopolies, counting on retransmission fees to carry them, despite signs of consumer demand for alternate business models.

So, is the broadcasting business model dead if it is no longer “free” to most audiences and can no longer justify itself as promoting freedom and democracy as a uniquely “American system”? Should broadcasters be reminded that “free” programming is exactly what they are supposed to provide in exchange for their free (unpaid) use of the spectrum? Or is it time to take back the spectrum from commercial broadcasters and, perhaps, allow the development of a different use of the spectrum?

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What Are You Missing? March 31-April 13 http://blog.commarts.wisc.edu/2013/04/14/what-are-you-missing-march-31-april-13/ http://blog.commarts.wisc.edu/2013/04/14/what-are-you-missing-march-31-april-13/#comments Sun, 14 Apr 2013 17:00:26 +0000 http://blog.commarts.wisc.edu/?p=19662 78274-playboy-app-store-iphoneA few interesting news stories you may have missed…

1) News Corp’s COO Chase Carey is threatening to turn Fox into a pay cable channel if courts continue to allow the new internet television broadcaster Aereo to profit from its retransmissions of Fox programming. Courts have so far ruled in favor of Aereo twice.

2) The popular social media site and bibliophile hang-out, Goodreads, will soon be under the ownership of Amazon.com. While Amazon VP Russ Grandinetti says this will help self-publishers “promote their books on Goodreads,” a number of Goodreads members are apparently leaving the website to prevent Amazon from monitoring what they are reading.

3) Speaking of good reads, Playboy announced it will start delivering its magazine through a new iPhone application. However, due to the no-nudity policy on iPhones, the app will not include any of the publication’s erotic photos.

4) Dolby announced that several more titles — including Man of Steel and Wolverinewill receive the company’s Atmos treatment later this year. The new 64-channel surround sound format was introduced last summer and has been wired in more than 90 theaters worldwide. As of now Dolby has no plans to make Atmos available for home theaters.

5) Continuing WAYM’s interest in HBO GO’s potential to provide a GO-only subscription, HBO now suggests they are looking to provide live streaming of non-boxing sporting events through their GO service. And in case this should ever come up, if you are a New York Times columnist you should maybe think twice about announcing to your readers that you steal HBO GO from a friend.

6) Continuing WAYM’s interest in covering the potential Hulu buyout, last Friday former News Corp president Peter Chernin made an offer to buy the streaming website for $500 million. Chernin was involved in developing Hulu for News Corp during its launch in 2007. Among other investments, Chernin is also looking to buy Fullscreen, a company that supports and advises creators of online content for websites like YouTube.

7) In Kickstarter news, the Veronica Mars Movie Project has ended its record-breaking Kickstarter run with 91,585 total backers, more than any other project in Kickstarter’s short history. The crowd-sourcing website was also slated to help Roger Ebert re-launch his weekly television show, though those plans have been sadly cancelled.

8) The digital cinema projection company Cinedigm has continued its push to distribute movie and television content by acquiring digital and VOD rights to more than 1,000 episodes of Australian television. Cinedigm is also now conducting DCP instillations on more than 100 drive-in screens across the country.

9) In DreamWorks Animation news, the company has acquired the intellectual property rights to those Troll dolls from yesteryear. The company also appears to be recovering from Rise of the Guardian‘s disappointing release last November, with The Croods currently exceeding $200 million at the foreign box office, making it the second film in 2013 to gross more than $300 million worldwide.

10) The script-thief’s revenge… and does he take requests?

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