1) A federal appeals court in Washington D.C. has dealt a massive blow to ‘net neutrality’ rules, finding the FCC overstepped its authority by requiring broadband providers like Verizon and AT&T to treat all Internet traffic equally. While it is unclear how much authority the FCC will retain, it is clear the decision greatly decreases the FCC’s ability to retain several such rules. For much more information on this course case, it’s impact on the future of the Internet, and how you can help be heard, I highly encourage you to read Danny Kimball’s recent piece on Antenna.

2) The FCC may soon have another massive decision on its hands, as multiple names and companies have become revealed as potential buyers of Time Warner Cable, a move that would bring yet more consolidation to an already oligarchic system and thus would likely come with ‘bundles’ of strings from regulators. Original reports saw Charter Communication going public about plans to acquire TWC, with the company under the leadership of John Malone making a public plea to TWC investors after the company itself didn’t take original talks seriously. The proposed deal was originally for $61 billion, roughly $132.50 a share. Not long after these reports surfaced, new movement came out of a possible split-deal between Charter and Comcast for TWC, though the proposed deal is unclear of whether it means both buying the company together or Charter buying wholesale but selling particular regions to Comcast. The reports mostly end there, but the deal is clearly heating up and it seems something ought to give soon enough.

3) While we’re on the subject of “great things happening to undeserving cable providers,” Verizon this week announced it has agreed to acquire Intel Media, a broadband streaming video service from the technology company. While no precise amount has been released, the approximation based on earlier valuations put the deal around the $200 million mark. It is not entirely clear how or when Verizon plans to integrate the Internet TV service with its own broadband and FiOS network, but the over-the-top service is expected to launch before the end of 2014.

4) Big money is certainly on the table for the NFL’s Thursday Night Football, as Fox, CBS, ESPN, and Turner Broadcasting have all submitted bids, with NBC expected to join in as well. The NFL is looking for offers of 6 to 8 games in a package for a one-year deal. Despite bids from ESPN and Turner, the belief is the NFL wishes to land a network deal, ensuring higher ratings to in turn boost valuation when the bidding takes place again next year.

5) Reorganizations are happening at Viacom, with two next units being announced in the past two weeks. One is a new Programs Acquisitions Group, a unified group that will control all aspects of the acquisitions process across all of Viacom’s U.S. media networks. The second change is a new ad-sales unit called Viacom Velocity that will create special content for advertisers using their various networks. Viacom executives referred to a recent campaign done exclusively on Comedy Central to promote Marvel’s Thor: The Dark World featuring the film’s Tom Hiddleston. Did I mention this story just so I could link to this video? You tell me:

6) Fox has once again been denied an injunction and even a rehearing of its case against Dish and their ad-skipping DVR  the “Hopper.”  Fox had petitioned for a rehearing after being denied the injunction last summer, and their goal of proving infringement in court looks slim. Fox might choose to try and take the case to the Supreme Court, but with the Aereo case already set to be decided their, it is unlikely the High Court would take such a similar dispute.

7) If you read “What Are You Missing” regularly, you are no doubt aware of the recent spat of musicians and artists filing lawsuits against their labels over missing digital royalties owed via various music streaming sites/services. The Counting Crows are now the newest addition to that growing list, which now includes artists as far ranging as Peter Frampton, George Clinton, and Rick James.

8) An interesting case out of an appeals court could change the way Internet gossip is seen and tried in future cases. The court found that Internet bloggers can in fact use First Amendment rights as a defense against defamation lawsuits, claiming the speaker does not need to claim status as a trained and employed journalist as long as the public importance and public image of the subjects in question is established.

9)  China is taking stricter measures to control online video and book publishing in order to help combat piracy and regulate content. The new regulations require posters of “microfilms,” a burgeoning market alternative to state-approved media, to submit their real names when uploading content to video streaming sites. While this could have much broader impacts, the language of the regulatory body’s announcement seems to indicate a more narrow focus on these microfilms, rather than the much larger swath of user-generated content.

10) The little guy is fighting back as an independent regional movie theater chain in the Southeast, Cobb Theaters, has filed a federal antitrust lawsuit against AMC, claiming the national chain as coerced film distributors to deny product to the smaller chains. The claim accuses AMC of contacting major film distributors and studios asking them to deny product to the regional chain, using its market control as leverage.

First, what’s actually at stake here? Well, the end of the open public internet and the beginning of separate but unequal private internets, under the control of the giant phone and cable companies in possession of the pipes and airwaves we depend upon for access. The FCC’s Open Internet rules left much to be desired but they were minimum protections to count on and a significant beachhead in the net neutrality battle. Without them, what do we get now? A network where Verizon can charge extra to prioritize traffic and block any service that refuses to pay a toll to reach its users (that’s what it said it would do if it won this case). A network where Comcast can derail video distribution that threatens its cable television business (that’s what it did when it blocked BitTorrent and what it does in favoring its Xfinity service— even though it’s obligated to abide by net neutrality until 2017 as a condition of its merger with NBC-U). A network where AT&T can cut deals with the biggest content providers to exempt their apps from counting against monthly data caps but squeeze out the innovative startups that can’t afford to pay (which it just announced last week with its new Sponsored Data plans). Networks — with pay-to-play arrangements, exclusive fast lanes, unfair competition, and prepackaged access tiers— where that independently-produced web video series, that nonprofit alternative news site, or your own blog are left behind in favor of those that can pay protection money to network operators. In other words, a network that is not the internet as we’ve come to know it— an open network where users can be participants in the creation and circulation of online culture, rather than a closed content delivery system for corporate media. While net neutrality proponents’ rhetoric might seem a bit overblown, we are much closer to a “nightmare scenario” than most realize.

The DC Circuit’s ruling was not against net neutrality itself, but rather the twisted way the FCC attempted to enforce it. The majority opinion actually went out of its way to describe why net neutrality regulations are necessary to curb abuses of power by network operators. It ruled that the Open Internet rules themselves were sound— they were just implemented the wrong way. Coming into the case, the FCC’s authority to regulate broadband at all was in doubt, after the agency was handed its hat by the same court in the 2010 Comcast case. The FCC tried it again this time with a slightly different tack (“even federal agencies are entitled to a little pride,” the majority wrote— federal appeals court humor, folks) and, amazingly, the court bought it this time around (while Verizon called the FCC’s argument a “triple-cushion-shot,” the judges pointed out that in billiards it doesn’t matter how much of a stretch the shot is if you actually make it). However, even though the court affirmed the FCC’s legal ability to regulate broadband, it found that it can’t regulate it the way the Commission wanted to in the Open Internet rules.

The court ruled that the FCC’s net neutrality policy treated broadband providers as common carriers, but that it couldn’t do that because it didn’t have those services classified in the common carriage portion of its legal framework. Basically, it all goes back to the FCC using the term “information service” rather than “telecommunications service” to define broadband starting in 2002. That’s it— this is a case where the importance of discourse, and the power to dominate discourse in the policy sphere, could not be more plain.

Net neutrality is essentially an update to common carriage, the centuries-old principle of openness and nondiscrimination on publicly essential infrastructure for communication and transportation. The FCC has regulated general purpose networks of two-way communication as common carriers since its inception with the 1934 Communications Act (at that time the focus was telephone service). Beginning in the 1980s as part of its influential Computer Inquiries and legally formalized in the 1996 Telecommunications Act, the FCC distinguishes between these basic networks, defined as Title II “telecommunication services” (think pipes), and the content made available over those networks, defined as Title I “information services” (think water flowing inside those pipes). Under this framework, the FCC regulated internet access (the connectivity) as common carriage to ensure equality and universality, but could not regulate the internet itself (the content). As telecommunications services, internet access providers’ job is to pass communications back and forth to the internet, while the information services on the internet are publishers with editorial rights to control content. This all changed during a deregulatory binge at the FCC in the 2000s: cable companies called their broadband connections “information services” (pay no attention to their actual cables), conspicuously not subject to regulation, and then-FCC-Chairman Michael Powell was happy to define broadband that way, too (he’s now the head of the NCTA, the cable industry’s trade group, by the way).

Now, because broadband internet access is not classified as “telecommunications,” it cannot be regulated as common carriage. This means that, as the DC Circuit recognized, since net neutrality is basically common carriage, it cannot be implemented as long as broadband is still defined as an “information service.” So, even though broadband is now the essential general purpose communications infrastructure of our time, there can be no openness and nondiscrimination protections for it until the FCC is willing to change the label it has applied to it in its regulatory terminology. The answer, then, is reclassification: the FCC just needs to call broadband the telecommunications service that it is before we can have enforceable net neutrality policy. The policy really is that simple— it’s the politics that are difficult. The reason that the FCC built the Open Internet rules on legal quicksand is that it lacked the political will to go through with its reclassification proposal amidst a firestorm of pressure from the telecom industry and its allies in Washington.

If we want net neutrality, we should put our own pressure on the FCC. We don’t have the money and the lobbyists that the telecom industry does and we can’t count on the clout of any big corporations whose interests overlap with the public’s on the issue— Google already sold out to Verizon and other big online content providers are now backing away from it (the Amazons and Facebooks of the world have deep enough pockets to dominate the payola market of the future, so they seem willing to play ball at this point). It’s up to us, then, to push the FCC to do net neutrality right this time.

1) 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.

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:

The 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.

1) 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!

5) 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.

9) 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.

1. A Chinese investor is looking to challenge Hollywood with a new, expansive movie-themed real estate development. Dalian Wanda Group chairman Wang Jianlin announced plans for the Qingdao Oriental Movie Metropolis, a massive studio space featuring 20 sound stages, retail facilities, and a theme park. Costing between $4.9 and $8.2 billion, Wanda hopes to compete with nearby Shanghai Disneyland as the development’s description focused more on the theme park and commercial attractions than any actual movie making.

2. Speaking of Disney, the movie studio will end a nearly 20-year first-look deal relationship with producer Jerry Bruckheimer in 2014. Responsible for 27 movies at the company, including huge hits like the National Treasure and Pirates of the Caribbean series, Bruckheimer will continue to work on future installments in those series among other projects. Although following the disappointment of his latest at Disney, The Lone Ranger, Bruckheimer insists that flop is not the reason but rather a desire to make different kinds of films.

3. NBCUniversal has made two differing moves for top executives this past week. First, NBC Entertainment Chairman Robert Greenblatt’s contract has been extended through 2017 despite struggling ratings, showing a sign of trust in Greenblatt’s future slate of projects. Next, 12-year veteran of the company executive Lauren Zalaznick will be leaving her post overseeing digital properties, a position see took after being moved away from cable with her channels placed under Bonnie Hammer in February.

4. In other network news, both Fox and ABC lost court requests to halt the sales of Dish’s ad-skipping Hopper system. Fox and NBC are fighting Dish out in California with CBS and ABC suing in New York, and both cases are simply a denial of an injunction, with a full decision yet to be reached. While Dish touts this as a huge victory, Fox and ABC remain convinced they will win out in the end.

5. If you have a friend who has been mysteriously absent for the past two weeks, chances are he or she is playing Grand Theft Auto V, the latest video game in the blockbuster franchise that released Sept 17 and earned $800 million in that single day. Even more impressive, however, is the record-breaking $1 billion the game earned in just three days, making it second only to Marvel’s Iron Man 3 in terms of money generated from a single media release this year.

6. In much less reassuring video game news, a U.S. court has denied Vivendi’s plan to sell $8.2 billion in game company Activision-Blizzard (the second largest in the world to Nintendo). The decision comes from a lawsuit brought forth by an Activision shareholder, but only stands as an initial injunction, meaning Activision-Blizzard will pursue other routes to complete the sale and gain its independence.

7. Nielsen ratings are about to get another facelift, as the company plans to announce the addition of mobile viewing platforms, like tablets and smartphones, to its TV ratings system. Look for the announcement during Advertising Week in New York, though the full plan will not role out until the fall 2014 season. The move is an attempt to account for the increasing amount of viewership away from traditional boxes, with Nielsen also working on a product to track popularity via Tweets.

8. For those more interested in critical reception of television, the movie review aggregation site Rotten Tomatoes will be expanding into television shows. Like it does for film reviews, Rotten Tomatoes will grant a “Certified Fresh” rating to a television season with over 60% positive reviews. The obvious differences between film and television, like whether to review shows, seasons, or series, are being worked out, but for now they are focusing on past seasons of currently running shows.

9. The FCC has handed down a new ruling this past Thursday when it found in favor of Bloomberg in its complaint against Comcast for not placing the channel within the same ‘neighborhood’ of news channels in its lineup. The decision came back to an agreement in 2011 when Comcast purchased NBCUniversal. The FCC did not find Comcast’s First Amendment argument convincing and has ordered the cable giant to put the Bloomberg business channel alongside NBC business/news channels like CNBC and MSNBC.

10. A new bill in California has been signed into law that enacts tougher penalties upon paparazzi who harass the children of public figures and celebrities, with violators facing a maximum one year jail time and a fine of $10,000. The bill was publicly backed by Halle Berry and Jennifer Garner, who both delivered emotional pleas in support of the bill during its deliberation.

This post will give you some background on the Verizon case and what’s at stake in it. Whether the FCC’s Open Internet rules stand or not is pivotal for net neutrality and the future of the internet— but also isn’t. While net neutrality protections are essential for internet users, the FCC’s Open Internet rules in particular are quite problematic. In some ways net neutrality would be better with these rules and in some ways could be better without them.

Here’s why Verizon v. FCC matters:

1. The rules prohibit the most egregious net neutrality violations. The FCC’s Open Internet rules are based in a deeply compromised version of net neutrality and are far from the strongest protections we could hope for (they were essentially written by Google and— ironically enough— Verizon). In spite of this, though, they are definitely better than nothing. The Open Internet rules bar wired internet access providers from blocking online content, services, applications, and devices or unreasonably discriminating in internet traffic. For instance, this stops Comcast from making youtube.com disappear from your browser (or redirecting it to nbc.com for that matter) and from throttling Netflix’s video streams. The Open Internet rules can be actually stronger than they immediately appear and have potential to be robust safeguards if enforced by the FCC properly.

2. The rules are an important foothold against total deregulation. Underlying the fight over the Open Internet rules is whether the FCC can regulate broadband at all. During a wave of deregulation in the 2000s, the FCC removed almost all of its oversight for internet access and now the agency is left with a shaky legal foundation for the Open Internet rules— what Verizon asserts is not enough authority. The Open Internet rules are important, then, because striking them down would eliminate virtually the last remaining public interest protections for internet access. Beyond that, though, if the courts buy Verizon’s argument in its Open Internet challenge, it would set a very troubling precedent for enforcing net neutrality in policy: the telecom operator says that it has a First Amendment right to “edit” the internet as it sees fit. If the free speech rights of “corporate persons” are allowed to trump the free speech rights of actual people, it doesn’t bode well for the future of the online public sphere.

And here’s why Verizon v. FCC doesn’t matter:

1. The rules haven’t been very effective. Even if the Open Internet rules are allowed to stand, they’re weak enough to allow a lot of net neutrality violations anyway— and for just the sort of activities especially key to the future of the internet. Most glaringly, most of the rules don’t even apply to mobile broadband (which is poised to soon become the dominant means to access the internet and already is primary among the underprivileged). This is why we see AT&T allowed to block FaceTime on the iPhone. Further, the rules don’t apply to “specialized services” (such as IPTV or any other managed service a network operator provides over broadband that isn’t regular internet access). Comcast calls Xfinity a “specialized service,” supposedly separate from the “public internet,” so it’s allowed to favor its own video streaming service by not counting Xfinity-on-Xbox traffic against users’ data caps. In other words, there are many net neutrality abuses not covered by the Open Internet rules.

2. Overturning the rules could actually lead to getting better ones. Paradoxically, there is a possibility that having the Open Internet rules struck down could be for the best in the long run— blowing up the whole thing and starting from scratch may be the only way to get truly effective net neutrality policy. Specifically, if the courts find that the FCC did in fact deregulate itself into oblivion and no longer has any statutory authority to address broadband, the agency could be forced to re-regulate broadband if it wants to actually remain relevant. (To get policy wonky: what the FCC needs to do is reclassify broadband as a “telecommunications service” under Title II of the Communications Act, where it has more authority to implement “common carriage”-based rules like net neutrality than on Title I “information services” where broadband is now). Counting on this outcome is very risky, though, because it’s impossible to know what the FCC will be like under incoming Chairman Tom Wheeler (an enigmatic figure who has inspired both hope and disgust from public interest advocates).

So, protecting net neutrality isn’t as simple as just upholding the FCC’s Open Internet rules— net neutrality could be better off with or without them. It really depends more on what the FCC does— and, crucially, what we as citizens push them to do— after Verizon v. FCC.

1) The Supreme Court has been busy (and not just with DOMA). The High Court handed down multiple rulings with major impact for the entertainment industries. First, the Court extended the “first sale” doctrine to content purchased overseas but resold in the US, in a case brought by Supap Kirtsaeng, a Thai-born student sued for copyright infringement by Wiley & Sons when he resold textbooks purchased in Taiwan. The ruling has already spurred some in Congress to call for revisions to copyright law, with testimony from the U.S. Register of Copyrights calling for the “next great copyright act” involving clarifications and revisions to the Digital Millenium Copyright Act enacted 15 years ago.

2) While the industry may have lost that case, they did come out ahead in another, as the Supreme Court ruled in favor of Comcast in an antitrust suit filed by Philadelphia-area subscribers claiming they were being overcharged. This could extend beyond the realm of television/cable providers, as the ruling impacts the ways cases can be pursued by a class group.

3) As regular WAYM readers might recall, last week News Corp and Disney were both considering buying the other out for control of Hulu. Now, reports show both sides are considering selling to a third party. Potential buyers being tossed around are investment firm Guggenheim Partners, Yahoo, and Amazon, tough no official comments have been made. So at this point, anything (or nothing) could happen.

4) In other streaming news, HBO GO, the online streaming service from HBO that is currently only available to those with a cable subscription (with the extra HBO fee), may ‘go’ broader, with HBO CEO Richard Plepler mentioning interest in teaming up directly through broadband providers. This would make HBO the “first premium cable network to bypass cable” and go directly to its Internet-based audience. This could be a big step, and a tacit admission of new competition in the form streaming sites like Netflix and Amazon.

5) This past week, the Federal Trade Commission (FTC) released a report detailing the results of an “undercover shopper survey” on the enforcement of entertainment industry ratings. In an age where video games are often singled out for their impact on children, the FTC found the ESRB’s rating system and video game retailers the best, noting an 87% success rate of underage children being denied buying M-rated games. All areas found marked success, however, as box office, DVD sales, and CDs all showed improvement over the past years (See graph/report for more details).

6) The Game Developers Conference (GDC), the “world’s largest and longest-running professionals-only game industry event,” took place this past week, featuring booths, panels, and demos of the latest and greatest out of the video game industry. Although events like PAX and E3 draw larger audiences and media coverage, GDC has become another site for industry outsiders, like Disney and Warner Bros., to become more involved. Highlights include Activision’s uncanny valley-crossing graphics demo and independent game Journey taking home several awards including being the first independent to win Game of the Year.

7) Upfront season is really heating up, starting with News Corps cable network FX announcing the launch of a new sister channel, FXX (The extra X is for… I don’t know). FXX (launching in September) will specifically target a younger demographic, 18-34, and will be bolstered by moving current FX comedies It’s Always Sunny in Philadelphia and The League, as well as new comedy programming and reruns of popular shows like Sports Night and Arrested Development. Back on the FX front, network president John Landgraf also announced the acquisition of a 10-episode adaptation of the Coen Brothers’ Fargo, a bid they hope puts them in competition with more premiere cable fare like HBO and AMC.

8) More from the upfront front, Participant Media announced the creation of ‘pivot’ (stylized in lower-case), a new cable network formed from their purchase of the Documentary Channel. The new channel will mostly be filled with non-fiction programming aimed at Millenials, with shows from Joseph Gordon-Levitt and Meghan McCain already lined up. Participant Media is exploring options for offering the channel via broadband, trying to hook this young generation with both relevant technology and content.

9) A new report out this week from UCLA and the Writers Guild of America (WGA) revealed women and minorities are still underrepresented on television writing staffs as well as in producer roles. UCLA sociologist and the report’s author Darnell Hunt revealed that while some progress was made, it was at such a slow rate, the effects are marginal or nearly nonexistent.

10) Variety isn’t gone, but it won’t be the same. The 80-year-old Hollywood daily trade magazine published its last print edition on March 19. Variety will live on, both online in its revamped (paywall-free) website and in a new weekly magazine that debuted March 26.

And we return to The Silly Side, looking at the inherent weirdness that comes from entertainment industries:

• Montie, the cat understudy of the new Breakfast at Tiffany’s Broadway production, has been fired.
• Ashley Judd has officially announced (on Twitter) she will not be running for Senate. In related news, I, Andrew Zolides, will also not be running for Senate.
• In Jon Hamm’s penis news, Jon Hamm has spoken out (in a Rolling Stone interview) about the Internet’s obsession with his penis, calling out various blogs and tumblers devoted to… him. At any rate, Mad Men returns April 7.

As a Comcast subscriber, I greeted the recent announcement of the Streampix service with some curiosity. I have not joined the Netflix nation and, since my monthly Comcast bill just went up $20, felt some added value appropriate. I began to thumb through the new offerings last night, simultaneously pleased, befuddled, but increasingly irate.

I demand a moratorium on breathless distribution announcements from cable companies until they upgrade the user interface. We all know the technology exists. It was all on display at the Cable Show last June. The BBC iPlayer has been in homes for years now.

But when I go looking for content on my supposedly most-high end Comcast HD DVR, I get this.

Select Xfinity Streampix and get this.

Select TV, get a choice of alphabetical suboptions that I’ll spare you, but select O-S and get this.

I select Scrubs and get this.

I do acknowledge that if I choose to watch Streampix on an iPad tablet, the interface looks more like this. (and that is where the top pic was intended).

Hmm. I’ve always thought it would be great to watch all the episodes of Scrubs in alphabetical order, that way any ongoing storyline would make absolutely no sense. Even better, include absolutely no episode numbers so that I could at least sort them out myself since this is apparently too giant a leap for your technological interface. Come on. Yeah, I’m frustrated, maybe even angry.

And that is cool, but I watch TV at home. And when I do, I want to watch on the ridiculously large and beautiful screen that adorns my TV cave, where I can sit on my fantastically comfortable and unstylish reclining sofa. I’m not alone. New numbers from Nielsen on the “State of Media: U.S. Digital Consumer Report” (Q3-4 2011) tell us video consumption on PC or mobile phones (not sure where tablets figure) is a whopping 4 minutes per user per MONTH, which pales some to the 146:45 minutes spent on “television.”

While I’m obviously not suggesting this number won’t continue to grow and that such screens will be an important part of the television future, I am astounded by the lack of attention cable companies have afforded to the interface of the primary screen. It is this frustr-anger of the experience of the above screens that explains why I (and likely others) continue to dream of the potential that the new Apple TV might bring, even though I know full well that the arrangements with content providers that would be necessary for Apple TV to be a game changer remain most unlikely. Why are industry analysts and trade journalists endlessly willing to speculate on the tiniest bit of news regarding Apple TV, Netflix, or Google TV? Because these companies have figured out that it doesn’t matter if you have content if you have the most ridiculous, cumbersome, and counter-intuitive way to sort through it.

Comcast Streampix is a good idea and clearly indicative of the further disruption of economic models and distribution that will continue over the next decade. But this array of offerings will be meaningless unless it rolls out an interface for the living room screen that is as good as the one for tablets/phones/PCs. The first company to have both content (with a sustainable economic model) and an interface might just win this. Quantity of industry press, tweets, and blogging to the contrary, this is still the Comcasts-of-the-world’s battle to lose, but its willingness to bring Streampix to the market without a new cable box interface suggests they just might manage to do so.

1. This one deserves a standalone entry of its very own: Cheezburger Network, the company behind LOLcats, just raised $30 million in its first round of venture capital funding, and earned an entry in the Taiwanese animated news as a result.

2. The Internet has gotten really, really big, so big that we’re running out of old-school IP addresses (but surely not LOLcats). It’s not so big that it can’t be turned off by an entire country, but big enough that there are even ways to get around that. After all, Mathew Ingram argues, it’s not the particular site you access that matters, it’s the power of the whole network that can help foster revolutions. Many are now wondering if the internet could be turned off in the US.

3. We worry about online privacy, but few of us do much to protect ourselves. Maybe if privacy policies were in the form of cool infographics, that would help out. Google is “helping out” by making it difficult for us to search for BitTorrent sites, but don’t worry, you can still search for “how to kidnap a child,” among other delights. But you have to work harder to find “Egypt” in China right now.

4. While Steve Jobs’ health situation prompted a stock dip, Apple is otherwise flying high financially, with record earnings, revenue success in China, and big iPad and iPod Touch sales. iPads are also making a mark on global PC market share, and even the Mac is gaining again. Playboy won’t be available as an iPad app now, but Rupert Murdoch’s The Daily iPad-only newspaper app will launch next week.

5. Outside of the item that kiosks for the first time now have higher market share than rental stores, the ancillary market movie news has pretty much just become Netflix news: Netflix is now the number 2 video subscription service (behind Comcast); it has topped 20 million subscribers, with growth driven lately by streaming; and Facebook integration is coming next, as are more aggressive studio content fights. But it’s not all puppies and rainbow streams for Netflix: Comcast could be gunning for it, sustaining its quality content and growth will be a challenge, Amazon just got a step ahead in Europe, and some instant-watch customers are annoyed at the removal of the DVD queue from their connected devices.

6. The King’s Speech is gaining major Oscar momentum, racking up PGA and DGA award wins, and such indie films (or sorta-indie films, if you’re picky about whose money is behind them) are enjoying more Academy love than the majors. But A.O. Scott castigates the Academy for not giving enough love to foreign cinema, thus curbing its momentum in the U.S. Meanwhile, the Hollywood’s non-award-worthy films are getting more love overseas than they are at home. Unfortunately, no one loves British film…well, except for The King’s Speech (a sorta-British film, Harvey?).

7. The best and worst of the Sundance Film Festival has been on display for the past ten days, and the award winners were announced last night, while last year’s Sundance standouts have made a significant Oscar nominations impact. The deal-making at Sundance went pretty well and even headed in some new directions, and Ted Hope left Sundance significantly buoyed about the future of indie cinema (which includes the return of Good Machine).

8. With albums selling so poorly, music executives being tossed around, and the future of digital music still uncertain, many new ideas are coming along: “instant” singles, a digital music awards show, more niche retail stores, 360-degree music videos, happily dismissing MySpace, and Spotify, which has finally closed its first US deal (with Sony) but is wary of Apple.

9. The Nintendo 3DS is now officially on its way, at the same time some see the PSP as on its way out. Many employees are on their way out at Disney Interactive, as that division shifts from console games to online and mobile ones, and that also doesn’t speak well of Epic Mickey. Disney should think about hiring the eighth grader who developed a game that topped Angry Birds, and how about some games with female protagonists?

10. Good News for TV Majors links from the past two weeks: Done Deal, Egypt Coverage, Mobile Activities, The New NBCU, Ratings Primer, Hulu Future Options, Netflix Taking Aim, Twitter Feed, BBC Sitcom Debates, Olbermann’s Legacy, FCC Approves, WealthTV Sets Precedent, Golden TVeets.