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.

5) 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.

9) 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.

1) Rupert Murdoch has had an eventful few weeks following the announcement of his divorce. First the good news, as the splitting of News Corp. into publishing and entertainment arms has led to big business for the newly named 21st Century Fox, which will hold onto the film and television studios as well as their cable channels. The immediate result was 21st Century Fox getting one of the highest valuations over Disney and Viacom with a growth in shares over 2%.

2) Now for Murdoch’s bad news, as reports this past week allege Murdoch was caught on a secret audio recording admitting to bribery of police officials, stemming from the investigations into News Corp. tabloids hacking into phones in Britain. Murdoch belittles police and the hacking inquiry, while giving support to his staff for their known behaviors. Scotland Yard has already requested access to the tapes, while Parliament member and Labour Party politician Chris Bryant has requested the FBI take action and press corporate corruption charges against News Corp.

3) Major shake-ups in Warner Bros. executive management structure, starting with the ousting of Pictures Group President Jeff Robinov.   Rather than simply replace Robinov, Warner Bros. instead has created a new three-person team to lead the division, made up of Greg Silverman, Sue Kroll, and Toby Emmerich, all promoted from within. However, the three will all be reporting directly to Warner CEO Kevin Tsujihara, giving him more direct power over the film studio, in addition to his increased control of the television side.

4) Sticking with Warner Bros., Legendary Pictures is officially no longer tied to Warner, with talks ending and Legendary’s Thomas Tullmoving onto talks with others studios, such as Fox and NBCUniversal, with the latter seeming the most promising.

5) One more story for Warner Bros., as the studio has clashed with The Weinstein Co. over the title of TWC’s upcoming film “The Butler.” Warner won an arbitration over the title after asserting their rights to the title due to a 1916 comedy short of the same name (Of course!). TWC’s attorney David Boies plans to appeal and possibly file a lawsuit challenging the MPAA’s ruling, citing the claim of a confusion over the films as having “no plausible basis.” Warner Bros. responded, citing past TWC “rules violations.” This should move fast, as the film (Whatever it will be named) is currently scheduled for an August 16 release in the U.S.

6) Jim Carrey has come out against the violence in “Kick-Ass 2,” the upcoming sequel that Carrey himself co-stars in and features heavy violence involving an 11-year hold vigilante. A tweet referencing Sandy Hook had Carrey saying he couldn’t support the level of violence in the film. Executive producer and original comic writer Mark Millar responded with surprise, noting how Carrey approached them about appearing in the sequel after enjoying the original.

7) The Academy of Motion Picture Arts and Sciences (the Academy Awards folks) has extended an invitation to 276 film professionals to join the Academy, an unusually large number. The list of names is markedly younger than in years past, as well as more diverse with several invitations to Latinos and an expansion of the documentary branch.

8) Just months after he helped reveal the XBox One, Microsoft’s president of Interactive Entertainment Business Don Mattrick has left the company to become CEO of social gaming giant Zynga, best known for Facebook games like Farmville. Mattrick was lured away with a compensation package from Zynga of over $50 million in cash and stock.

9) Two of the largest book publishers in the world have merged, with the newly formed Penguin-Random House becoming the undisputed king in publishing and a possible competition to Amazon. Penguin-Random House now controls about 30% of trade book sales.

10) Jay-Z’s Magna Carta Holy Grail will not have its official retail release until tomorrow, but after partnering with Samsung that saw the company purchase one million copies for its smartphone and tablet users to download via a free app, the album will likely be certified platinum immediately upon its release. The Recording Industry Association of America (RIAA) changed their rules for certification to allow those pre-release digital sales to Samsung to count towards its total immediately, rather than waiting the normal 30 days for digital sales. Billboard, however, will not count the one million Samsung sales towards its total for ranking on its Billboard 200 chart. So… we may never know if Jay-Z’s new record is actually popular.

1. Low-budget horror film The Purge is expected to come away with a $35 million opening weekend, more than ten times the film’s production budget of $3 million. The Purge grossed $17 million on Friday and was #1 at the box office this weekend. Joss Whedon’s Much Ado About Nothing opened strong as well, grossing more than any limited release since The Place Beyond the Pines.  Much Ado About Nothing is one of several recent films, including Noah Baumbach’s Frances Ha and Alexander Payne’s Nebraska, shot in black-and-white.

2. News reports this week have revealed that the U.S.’s National Security Agency has been data mining from major internet and social media companies, in addition to monitoring Verizon phone records of U.S. citizens. So far, nine media companies are alleged to have cooperated in the PRISM program: Microsoft, Yahoo, Google, Facebook, PalTalk, YouTube, Skype, AOL, and Apple. Many have denied having any knowledge of PRISM .

3. AT&T joins DirecTV, Time Warner Cable, Guggenheim Partners, Yahoo and a handful of other entities as potential bidders for ownership of Hulu. Reports suggest that AT&T may join with former News Corp. head Peter Chernin’s Chernin Group to purchase the company together. Bids for Hulu have reportedly ranged from $500 million to $1 billion depending on stipulations regarding content deals with the present owners of the company, Disney/ABC and News Corp.

4. A company named MiKandi produced the first pornographic app designed for Google Glass. Google responded by banning pornographic apps, defined by the company as “Glassware content that contains nudity, graphic sex acts or sexually explicit material.” On a related note, fearing that the head-mounted display technology would enable cheating and card-counting, New Jersey casinos have banned the use of Google Glass. Somewhat ironically, use of Google Glass was also restricted from a recent Google shareholders meeting.

5. A new study by the Council for Research Excellence and financed by Nielsen reveals that online streaming services like Netflix and Hulu provide the majority of mobile television consumption on smartphones and tablets. Netflix and Hulu accounted for 64% of TV watched on smartphones and 54% on tablets, while broadcast and cable network’s websites or online applications accounted for only 26% of mobile TV watching.

6. On June 6^th, American film actress Esther Williams passed away at the age of 91 in Beverly Hills. Williams was a competitive swimmer who became a MGM contract star in the 1940s. According to The New York Times, Williams was one of the top 10 box-office Hollywood stars in 1949 and 1950. Her films at MGM often involved spectacular swimming sequences, many choreographed by Busby Berkeley.

7. At Cannes, Abdellatif Kechiche’s Blue is the Warmest Color (La Vie d’Adele – chapitre 1 & 2) won the Palme D’Or by a unanimous vote from a jury headed by Steven Spielberg. Though critics have generally responded favorably to the film, some prominent voices have criticized the film’s graphic sex scenes for reproducing, or being constructed according to, a hetero-normative male gaze. Manohla Dargis and Julie Maroh, author of the graphic novel on which the film is based, have both voiced opposition to the film’s sexual representation of the lesbian couple.

8. The penultimate episode of season 3 of Game of Thrones, “Rains of Castamere,” shocked fans and resulted in a flurry of press about the episode’s graphic violence. Popular news outlets weighed in on the episode as one of the most violent in TV history. Author George Martin explained his reasoning behind writing the “Red Wedding” chapter in interviews.

9. Amazon Studios announced that they would produce five original series available exclusively on Amazon Prime. These include, ‘Alpha House,’ a political satire created by Garry Trudeau, starring John Goodman, and ‘Betas,’ a comedy about “young entrepreneurs attempting to make it big in techland.”

10. In Netflix-related news, the trailer for Netflix’s newest original series, ‘Orange is the New Black,’ is now available online. The series, which is about a bourgeois Brooklyn woman’s stint in a female prison, will debut on July 11 with all 13 episodes available to stream. Netflix also recently did not renew their licensing agreement with Viacom, leaving Netflix subscribers bereft of kid-friendly programs like ‘Dora the Explorer’ and ‘Spongebob Squarepants.’  In response, Amazon struck a licensing deal with Viacom for Prime Instant Video. In addition to the kid-friendly fare, Amazon also plans to make available other Viacom titles like ‘Workaholics’ and MTV’s ‘Awkward’ on Instant.

2) I was wrong about “NeXtBox,” but at least the “Xbox 720” people were wrong, too. The Xbox One is coming, and word on the street is it wants to replace everything hooked up to your TV someday, or at least before Apple can. While that’s been Microsoft’s goal for some time now, don’t expect changing the device to change the service. If you’re like me, though, it’s still primarily about the games, so don’t trade in your 360. If you’re even more like me, it’s also about committing yourself to one brand over another, even if you own multiple systems per generation. Back in the day, I was a Sony person, thanks to Kojima-san and company. (That theme still gets me riled up…) Look for a gritty, futuristic War Horse reboot for the new home entertainment system (or not). And, because it can’t be stressed enough, won’t someone please think of the archivists?!

3) A few bits of news from the world of apps caught my eye since the last post, making me wish that I owned a smartphone. (App-arently – anyone? – I’m not contributing to the elimination of the Digital Divide.) First, everyone makes apps for iOS, even you (but not me). What’s available these days? Well, you can watch ABC and be counted at the same time. Or you could tell secrets to strangers. Or you could get your carefully considered drink on. Or…you could scare yourself silly incrementally. (Narratologists, take note.) Just trying to keep up with the latest thing? This little trick might help you out. It’s not enough to have the app, though; you’ve got to use it! For example, you, too, can be a Vine auteur with the right idea and a little attention to detail. And, in case you’re keeping track of how they’re keeping track, here’s a little information about how downloads get counted. Maybe someday I’ll be a statistic …

4) Johnny Lawmaker turned his eye on a few media giants over taxes since the last post. Apple CEO Tim Cook defended his company’s accounting practices on Capitol Hill. Elsewhere, Cook played up Apple’s plans to bring some of its manufacturing back stateside, which may or may not turn out to be a long-term commitment. Google suffered a drubbing from government officials across the pond and responded, “You make the rules, not us.” (I’m paraphrasing.) And because I don’t want Microsoft to feel neglected, I’ll pass along this story, too.

5) Back in the States, Google was making litigious eyes at Microsoft over the latter’s YouTube app for Windows Phone, which prevents advertising from standing between you and a chimpanzee riding on a segway, the dapper monkey, and Muppet Show bloopers. Microsoft had a cheeky response ready, but eventually the two companies made nice. Speaking of litigation and YouTube, no luck for copyright holders looking for a class action suit against the site. Oh, and happy birthday, YouTube!

6) While governments are trying to keep media and tech companies honest, the White House is dealing with some recent bad press (too easy?), which got me thinking about who’s watching whom and how. (It’s Ozymandias, using his supercomputer.) The New Yorker launched Strongbox and made the software (developed by the late Aaron Swartz) available to other news organizations. A Congressional caucus working on issues of privacy had some questions about Google Glass, and Google had preliminary answers. Meanwhile, the CIA continues to just act natural, the Aussies experiment with web censorship, South Africa finds another peaceful use for drones, and I’m eagerly anticipating 2015. To quote Ron Swanson: “It’s a whole new meat delivery system.”

7) In the span of two weeks, it became impossible to avoid hearing about Yahoo’s intentions to acquire Tumblr, speculation ran its course, the deal became official, and the analysis  began. $1.1B is a lot of money, and I hope Yahoo gets what it thinks it’s paying for. It’s definitely getting what it knows it’s paying for.

8) Cable providers are circling Hulu. First it was Time Warner, then it was DirecTV, along with Amazon, Yahoo, Chernin Group, and Guggenheim Partners, which also happened to be advising Hulu’s owners about a possible sale as far back as mid-April. All of this reporting and speculation is incredibly premature, though, but isn’t it fun?

9) Speaking of TV, did you know there’s a renaissance on? If you’re feeling sluggish, perhaps this’ll anger up the blood: “Conformist, passive and disengaged was the traditional spectator – proactive, inquiring and interventionist is the new spectator.” Sorry… no more of that. What has been on many minds is binge-viewing. Don’t trip over the buzzwords sure to follow that discussion. “Hyperserial,” for example. And don’t forget the classics! Before there was Walter White, there were Pauline, Elaine, and Helen! Reboots all around, say I! Get ready for the PSAs, too: “When you binge, you’re not just hurting yourself.”

10) Speaking of binge viewing, as I write the final countdown has begun. Vodka rocks and toast all around! (Just like Tobias.) E-books continue to gain on real books, but (IMHO), sleek is not as sexy. Choose your poison to match the contents of your book/media shelves. Disney’s temporary insanity may have ended. The newest member of Wyld Stallyns has revealed herself. And physics continues to be awesome!

However, in prominent popular discourse surrounding the series’ return, journalists have privileged the value of the programs to producers rather than their value to audiences. While talk of profit margins is all well and good, the two soaps’ move online involves asking audiences to accept new definitions of a soap opera’s value—once “free” over broadcast—within the television marketplace. Although the product itself—its characters, its narratives, its evolution—will determine its ultimate value to fans, Prospect Park’s release strategy intersects in complicated ways with discourses of televisual value within an evolving space of digital distribution, which is being adapted in order to fit the specificity of an atypical televisual form.

When broadcast networks started selling their shows through the iTunes Store, it was a pivotal moment for the digitization of media content and the growing impact of convergence on industry business models. However, it also rearticulated our conception of televisual value by placing a distinct price on an episode of television as a discrete twenty- or forty-minute entity.

This articulation was part of the larger digital distribution revolution: while iTunes and its competitors Amazon Instant Video and YouTube continue to sell individual episodes, streaming services like Hulu, Netflix, and Amazon Prime have reframed televisual value through access to expanded libraries of content, largely leaving the iTunes model as an industrial afterthought (albeit one which is still useful for cord-cutters).

Prospect Park’s distribution strategy for All My Children and One Life To Live is an unorthodox merger of these two business models. Their primary partnership with Hulu—under their “Hulu Exclusives” acquisition strategy—is itself a combination of two different streaming logics: the online Hulu service features recent episodes of the series for free, ad-supported web browser streaming, while the multi-platform Hulu Plus service—$7.99 a month—will have the entire library of each series along with HD ad-supported streaming to tablets, game consoles, Roku players, etc. In order to articulate these options, particularly to viewers—imagined as older viewers in popular discourse—unfamiliar with online streaming, Hulu drafted One Life to Live stars for a video explanation:

In the process, Prospect Park and Hulu have dissected the experience of watching soap operas on television into two discrete values. The first is being able to “revive their daily drama habit”—to use Hulu’s marketing rhetoric—for free, with the caveat that their viewing must remain daily (as only the most recent episodes will be available). However, the second is the ability to “relax on your sofa and watch on your TV,” which Hulu has commodified by limiting device-based streaming to its subscription service. The distinction allows viewers to determine which parts of their soap viewing experience were most valuable to them, and specifically asks if watching on a television—or on a tablet—is worth $7.99 a month.

And yet Prospect Park’s arrangement with iTunes is even more interesting, given that no currently running soap operas are distributed through the service (whereas Days of our Lives and General Hospital also stream on Hulu). They are offering what they call a “Multi-Pass,” which is comparable to a “Season Pass” for primetime series with one caveat: instead of an entire season, it instead gives viewers twenty episodes—or four weeks—of a series for $9.99; viewers can also choose to purchase individual episodes for $0.99.

Whereas the Hulu arrangement asks viewers to place a value on their soap viewing habits, the iTunes arrangement explicitly asks viewers how much they are willing to pay for an episode of a soap opera. Prospect Park’s choice of $0.99 is half of what iTunes charges for primetime television episodes in standard definition (Hulu Plus remains the exclusive home of high-definition episodes), a decision that reflects the large volume of content viewers are expected to pay for—hence the Multi-Pass discount of $0.50 an episode—but also reinforces existing hierarchies of value between daytime and primetime programming.

However, the two soaps also fit somewhat awkwardly into the logics of streaming, given that one of the key values of streaming services—an extended library of previous episodes—is thus far unavailable to the two programs. Although one could expect that many fans of the two shows would invest in the ability to access decades of soap opera content through a streaming service like Hulu, the ability to revisit previous episodes has less perceptible value when there are thus far no previous episodes to revisit (as ABC’s stake in the new ventures—as license holders—is not strong enough for them to actively support Prospect Park with such library content beyond 8-10 minute recaps for potential new viewers).

Although it’s unclear what kind of data Prospect Park will be releasing—it will, as always, depend on whether releasing the data has value to them—any determinations about the “value” of the two relaunching soap operas have to be withheld until we understand how audiences respond to these initial articulations. While online distribution is often framed as offering audiences new ways to experience television, the habit-based nature of soap viewing has led Prospect Park and Hulu to devise and promote specific distribution strategies which emulate more traditional viewing patterns, at a price.

As a result, the stakes of this project are neither as simple as Prospect Park’s financial investment in All My Children and One Life To Live nor as broad as the very future of digital distribution. Rather, the specificity of this experiment will determine what value soap audiences have within future conceptions of digital distribution, their acceptance or rejection of industrial definitions of value shaping how and where they will be programmed to in the future.

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 Wolverine — will 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?

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.

Ten (or more) media industry news items you might have missed recently:

1) Surprisingly, the biggest news items of the past two weeks come from the ‘dying’ world of publishing. The ‘Time’ in Time Warner is officially breaking off as Time Warner has announced a split with its magazine division, Time Inc. The spin-off will make Time Inc. an independent, publicly traded company, currently the number-one magazine publisher in the U.S, featuring People, Sports Illustrated, Forbes and of course, Time. But Time Warner isn’t the only conglomerate making bold publishing moves, as News Corp. is creating a new publishing-focused company, still named News Corporation, granting it a healthy starting-allowance of $2.6 billion. This has led to multiple reactions from the industry with fears of possible layoffs at Time.

2) Staying in the world of magazines, Next Issue Media has expanded beyond Apple to launch on Windows 8 and Microsoft products like the Surface. Following a subscription model for unlimited access to over 80 magazines, Next Issue has been called both ‘Hulu’ and ‘Netflix’ for magazines. (The jury is still out on which one we are all going to call it. Post your suggestions in the comments below!) CEO Morgan Guenther is aiming for 1 million subscribers in the next 18 months.

3) Back to battling conglomerates, new information in the legal battle between Cablevision and Viacom has come to light. To catch you up, at the end of February, Cablevision filed an antitrust suit against Viacom, arguing against the mass media giant’s method of bundling its less performing cable networks with must-watch ones claiming, “The manner in which Viacom sells its programming is illegal, anti-consumer, and wrong,” in what may very well be the least self-aware statement ever made by a corporation. Now, Cablevision is claiming Viacom was threatening a $1 billion penalty if Cablevision refused the lower-tier networks. More on this irony as it develops.

4) The release of EA’s highly anticipated reboot of the SimCity video game franchise may go down as one of the biggest disasters in the industry’s history (though nothing touches the unforgettable landfills of Atari E.T. cartridges). Utilizing EA’s already highly controversial always-online DRM protection, SimCity became unplayable for thousands of players due to server issues and shut-downs. An alleged EA employee blasted the company on Reddit, expressing frustration and disappointment over the launch. EA responded by increasing server capacity and offering a free game, but many have not been assuaged, especially after computer modders/hackers revealed the game can function offline, but EA refused to allow that capability despite the massive amount of server failure.

5) In more video game news, the Entertainment Software Ratings Board (ESRB) and the Entertainment Software Association (ESA) have announced a new campaign to educate parents on the industry’s ratings system and parental controls. This comes as a response to increased media scrutiny, particularly in the possible connection between video games and violence in teens and young adults. In a related move, the ESRB has changed its policy on game marketing, following a model similar to Hollywood in that publishers may show trailers for Mature (M) rated games to a wide audience, as long as a green slate (a la movie trailers) precedes the footage.

6) Hulu’s future is in question, as Disney and News Corp. are discussing strategy for the online streaming service, with the implication begin one may buy out the other’s stake (which would be another third. The final third is primarily owned by Comcast, who is barred from management decisions to a federal regulatory agreement). The talks appear to be centered around the companies’ divergent views on Hulu’s primary operation, with News Corp. favoring the paid subscription model of Hulu Plus while Disney wants to focus on advertising-based revenue from free streaming.

7) News from the ‘upfront-line’: upfront season has begun! Cable and smaller broadcasting divisions have already begun the annual process of selling airtime to advertisers. Two of the more newsworthy reports come from NBC News Group, where Matt Lauer joked about recent negative reports on his image and Today’s slipping ratings, and Disney Kids, pushing the use of multi-screen viewing patterns and, much more importantly, the upcoming summer spin-off “Girl Meets World.” We demand Mr. Feeny!

8) At the box office, the past two weekends played Jekyll and Hyde for Hollywood, providing them their first flop and first mega-success of 2013. Two weeks ago, Jack the Giant Slayer brought in an estimated $28 million domestically, just 14% of its nearly $200 million budget, though it shows promise in Asia. Last weekend, however, Oz: The Great and Powerful proved to be just that, bringing in over $80 million domestically and $150 million globally. While this is good news for a Disney, who started planning for a sequel before Oz‘s release, it is better news for the entire domestic box office, as current year totals are 17% behind 2012.

9) Unionized healthcare workers at the Motion Picture Television Fund hospital stated their intention to strike for three days starting this Monday, March 18. MPTF responded with intentions to hire replacement workers for the strike. Talks fell through this past Wednesday, and the union plans on following through with their strike.

10) A new study from Carnegie Mellon‘s Initiative for Digital Entertainment Analytics, published on March 6, draws the conclusion that since the shutdown of piracy-giant Megaupload, legal digital movie sales and rentals have increased, drawing a distinct correlation. Their findings show, “a positive and statistically significant relationship between a country’s sales growth and its pre-shutdown Megaupload penetration.”

And finally, The Silly Side, the news stories too inane not to share:

• A countersuit has been filed over the Fifty Shades of Grey porn parody (Fifty Shades of Grey: A XXX Adaptation). Smash Pictures (really) is claiming Universal’s lawsuit is unjustified on the grounds that due to its being originally published online as part of a fan fiction series, it is technically in the public domain.
• Please don’t turn off your smartphones. App, a new horror film from the Dutch studio 2CFilm, involves utilizing a free interactive app movie-goers can use during the screening, that adds complimentary information and scenes that are activated by audio cues in the film.
• Russell Crowe saw a UFO and posted a video of it. That’s really all I have to say about that.

One consequence of this complexity has been that critics have found in the show largely what they were looking for. As a show that “portray[ed] Muslims with humour in everyday situations,” argues Amir Hussain, Little Mosque “mark[ed] another important development” in Muslims’ self-representation on North American television. Mahmoud Eid and Sarah Khan agree: “Stereotypes about Muslims are refuted and criticized in this satirical comedy, which maintains balance between extremist logic and everyday Canadian values.” Others have seen it as erasing markers of diversity: “all of Mercy’s Muslims seem to practise the same way,” writes Faiza Hirji.

Another consequence has been that program buyers in more than ninety countries have thought that their national audiences would find something in the program worth watching. As executive producer Mary Darling explains,

[B]ecause we’re so interested in religious tolerance and these kinds of things, the conversation always turns … to something more social, right? So, first of all, if you’re a buyer, at the front of it, it has to be a comedy that [you] think will rate. It has to be a show that [you] think can go the long run, but what the conversation would – without a doubt – turn toward would be the issues that people are having with Islam in their countries. So when I think back to … Canal+ in France, there had just been more bombings and fires of cars or riots … and they thought this might be a good thing to just try to create some normalization … [W]e were invited into Paris for a big … cultural festival, and we went and talked at the Islamic center. Which to me really demonstrated why they’re having so many issues – because the taxi driver didn’t know where it was. Taxis don’t go into that part of the city.

One of the places where the producers struggled to syndicate Little Mosque, however, was the United States. (Another was Great Britain.) More than one person recounted to me how they had talked to people at US networks who expressed a personal interest in the show, even a sense of something akin to awe that the show had been produced at all, but who thought that US viewers would refuse to watch it. Given the response by some conservative bloggers to Katie Couric’s suggestion in 2010 that the United States would benefit from a “Muslim Cosby Show,” or the decision by Lowe’s and kayak.com to pull their ads from TLC’s All-American Muslim, such concerns seem well founded.

However, the event that prompted this series of entries is the upcoming premiere (June 28) of Little Mosque on Hulu. What made the difference this time, in contrast to the past? For one thing, Darling attributes the distribution deal to the personal connection that executives at Hulu made with the show: much like Anton Leo, who was instrumental in green-lighting Little Mosque at the CBC, the Hulu executives just “got it”: “They knew of the show, they screened some screeners in preparation for [our] meeting, and they just wanted it.” For another – and I think this is as important, if not more – Hulu’s on-demand distribution made Little Mosque seem like less of a risk. Darling observes that “from a buyer’s standpoint … people get axed so easily in the States for making a bad or risky decision.” The risk appeared smaller to Hulu because of its prior experience distributing programs that could not air on more conventional networks, including, for instance, subtitled Korean comedies that had done surprisingly well.

In this respect, Little Mosque appeared quite attractive: it was a solid hit in Canada, it had been syndicated in more than ninety countries, and its complete run was ready to air. It will be interesting to see whether viewers “tune in” to watch. Needless to say, I think they should, and in my next (and final) entry, I will explain exactly why Little Mosque matters, both to viewers and to scholars of television.

In the case of a series like Netflix’s Lilyhammer, the traditional television distribution model is largely absent: while still episodic, therefore taking the form we most commonly associated with television, the Norwegian co-production was released as a complete season on the streaming service, and streams without commercial interruption.

However, in the case of Hulu’s Battleground the similarities with television outweigh the differences. Debuting in February, a new episode of the show has been released each week, with each episode supported by ad breaks built into the program. The show is a half-hour comedy series, working with the mockumentary format commonly associated with series like The Office, and features an extended ensemble cast. In the buildup to the series premiere, Hulu held a panel at the annual Television Critics’ Association Press Tour in January, allowing creator JD Walsh and the cast to speak about the show to gathered panelists. It was also, unlike Lilyhammer, not a co-production, created exclusively to stream on Hulu.

Regardless of these factors, Battleground has languished in relative television obscurity despite delivering what I would categorize as a solid first season (which concludes with the finale, premiering tomorrow on Hulu). The show, which follows a fictional senate race in Wisconsin, has grown from its pilot based on a strong lead performance by Jay Hayden, some compelling work by the supporting cast (including a guest turn from Ray Wise), and a solid use of the emotional swings of political campaigns to drive its narrative. Additionally, the show has shown a willingness to experiment: its tenth episode told a flashback story from the perspective of an MTV Real Life-esque documentary, a bold aesthetic decision that proved inconsistent in its execution but suggested a formal complexity one might not expect from a half-hour comedy. Also, the decision to film on location in Madison is both incredibly entertaining as a resident of the city and intriguing as someone who is studying the strategic use of location shooting to highlight categories of place – the use of the local ABC affiliate (WKOW) for news coverage, in particular, demonstrates a level of verisimilitude someone outside of Madison might not recognize.

However, as Cory Barker, Wes Ambrecht, and Andrew Rabin pointed out in a recent roundtable discussion, no one is talking about any of this. While it’s unclear how many people are watching Battleground (although Hulu’s website shows it ranked in as 78^th most popular series on Hulu over the past month), the absence of any conversation within critical circles has proven particularly damning. Hulu might have held a panel at TCA, but the panel was reportedly poorly attended; while multiple outlets reviewed Battleground when it first premiered (including The New York Times and The A.V. Club), none of the critics or sites which focus on weekly episodic criticism chose to continue reviewing it week-to-week (despite at least The A.V. Club having precedent with their coverage of U.K. import Misfits based on its Hulu distribution cycle), and the New York Times review is focused more on the novelty of Hulu and Netflix creating original content than on the content itself. The show was so low on the radar that it doesn’t even have a Metacritic page, unlike Lilyhammer which at least garnered enough reviews to merit a page and a score.

The reasons for this are not something we could prove scientifically, as most outlets make subjective decisions on what they do and do not cover. On the one hand, the show’s low viewership would create less financial imperative for a site like The A.V. Club to hire a writer to cover the series week-to-week; however, in other instances where staff critics like HitFix’s Alan Sepinwall have greater editorial control, the decision may have simply come down to a lack of time (understandable during a busy midseason dominated by shows such as Justified, Mad Men, and Game of Thrones, and cited by Sepinwall as his reason for skipping the premiere) or a lack of interest (which is, of course, a matter of opinion).

These are the same challenges that face any show classified as a sleeper hit – or the “best show you’re not watching” as the above roundtable refers to it – but in many ways one would expect it to be easier for Battleground to gain traction: with all back episodes available to stream for free, word of mouth should more easily translate into viewers (including critics) catching up. However, streaming also presents barriers: Sepinwall notes he prefers to avoid reviewing streaming material on a laptop, and I’ll admit that my own efforts to catch up would have been far more pleasant if I hadn’t been tied to my computer.

While Hulu has made no official statement about the show’s future, the show’s lack of traction raises a number of challenges for the network’s move into original programming. Does the network need to be more active in reaching out to critics by mailing them DVD screeners to review? Or do they perhaps need to be more bullish in promoting the series, buying airspace during network broadcasts of similar series (like The Office, for example, in the case of Battleground) or actually using their minimal social media presence more strategically? Or is this simply a lesson that shows featuring no stars and limited industrial pedigree are doomed to fail when airing in a marginalized streaming environment against a broad range of broadcast and cable competition, pushing Hulu towards more star-oriented programming like Netflix’s acquisition of new episodes of Arrested Development?

I’d hate to see this final lesson be the takeaway here, but original streaming programming, like love, appears to be a battlefield.