1. The big news in Hollywood last week that caught many by surprise: Kevin Tsujihara was named CEO of Warner Bros. The studio is hopeful he’ll bring stability, but especially digital distribution savvy. Also shooting for stability is MGM, which is reworking its credit line to free up more money, while 20th Century Fox also cut a new financing deal. Unrelated bonus link: a Nielsen demographic study of movie audiences.

2. Fruitvale was a big winner at Sundance, which Variety critics thought was a successful, if commercially inclined, festival this year. Also of note was the equal gender balance of directors in competition, a first for the festival. This is representative of a higher percentage of female directors active in independent cinema than Hollywood studio filmmaking, according to research shared at Sundance by USC researchers.

3. There are still some Blockbuster stores left to shutter, and sadly, 3,000 jobs will be lost in this latest round of closings. Stores are also closing in the UK. Dish is still backing the Blockbuster brand, though, with a new On Demand redesign coming. But iTunes rules the online On Demand world right now, while discs fight to maintain home video sale prominence.

4. The music industry is having trouble making streaming royalties worth it to musicians. Too bad they can’t all enjoy a Super Bowl sales bump from being a halftime performer or make $8 million in ad deals like “Gangham Style” (though you have to watch out for sound-alikes) or have fans who are big pirates.

5. The company that supplied my very first video game console one lovely Christmas morning way back when has filed for bankruptcy, though apparently Atari hasn’t been what it used to be for awhile now, and it will even sell the iconic logo. Some other gaming bummers: THQ is being dissolved, Disney is closing a game studio and laying off fifty people while shifting to a focus on mobile and social gaming, and weak Wii U sales and 3DS piracy are hurting Nintendo.

6. Despite those bummers, the video game industry’s many challenges, and EA posting a recent loss, EA executives are optimistic about the future of console gaming. There’s a new Xbox coming with more processing power, and we’ll soon hear more about a new Playstation, though some think Sony should just move on from that platform’s legacy.

7. Samsung is warning that major smartphone growth is over, but maybe the company’s just bitter that Apple has surpassed it as top US phone vendor. The iPhone is declining in Asia, though, and Apple is losing tablet ground globally to Samsung and others. Apple’s still doing good work with tax loopholes, though. And at least it’s not BlackBerry.

8. France is having none of your English-language “hashtag” business on Twitter. For the French, “mot-dièse” will be the word for # on Twitter. (Mot-dièse means “sharp word,” though a sharp symbol leans the other way than the hashtag symbol, but hey, quoi que). France is also demanding that Twitter identify users who tweet with racist and anti-Semitic hasht…er, mots-dièse. Back in the US, Twitter’s dealing with a porn problem on the new Vine platform and is trying to censor porny hashtags. I doubt the French would respect that. #prudes 

9. GIFs are on the decline?!

10. Some of the finer News for TV Majors posts from the past few weeks: Soap Contract Conflicts, Glee’s Song Theft, Super Bowl Ad Issue, Netflix Strategies, More on Netflix, 30 Rock Reflections, Spoiling Super Bowl Ads, CNN Changes, TWC & Dodgers, Aereo Update, The Following Criticism, Pilots Updates.

Programming note: Because I recently took on some new time-consuming duties, like Associate Online Editor for Cinema Journal, I’ve regretfully had to step away from WAYM for the time being. But don’t fear: WAYM will still be here! Eric Hoyt’s media industries course will be taking over for the rest of the semester on the regular bi-weekly schedule, and I can’t wait to see what they can do with it. (Sage advice: When in need of a good link, Lionsgate and porn are always there for you.) See you later!

1. YouTube is ramping up its investment in branded channels to make itself more like TV. There’s a danger, though, in alienating the amateurs that YouTube initially capitalized on to distinguish it from TV. More favorably, YouTube is trying to help out nonprofit campaigns, and it has tweaked its search algorithm to better favor videos that viewers truly engage with.

2. Some big numbers in the news this past fortnight: There are now six billion cell phones worldwide (though that still leaves one billion without one), and there are one billion smartphones out there. Internet advertising reached $17 billion for the first half of 2012. American mobile devices ate up 1.1 trillion megabytes of data across 12 months, and US high speed broadband connections are up 76% over last year. The biggest number in the news? A French woman received a mobile phone bill for $15 quadrillion.

3. Amazon is going to take advantage of all the consumer data it gathers by working more closely with advertisers and ad agencies to place ads on Amazon sites. The Do Not Track movement is trying to limit what consumer data advertisers can obtain from our web browsers, much to advertisers’ chagrin. Adding more chagrin is a study highlighting how frequently mobile ad clicks are merely accidental.

4. The newspaper audience is shrinking — or maybe it’s not — but either way, Britain’s Guardian is the latest to look at ending its print edition. In the US, the Chicago Tribune is shifting to a paywall strategy online, which sounds like a bad move if you buy the idea that print outlets should be following what The Atlantic is doing. Newspapers in Brazil don’t like what Google is doing, and they’re now going to have to deal with the New York Times encroaching on their turf in an effort to expand its global audience.

5. A new study finds that young people commonly copy and share music among family and friends, but it was also determined that file-sharers buy more music than non-file-sharers, lending some food for thought to the music industry, which will see peer-to-peer users warned about illegal sharing activities soon. Unfortunately, the musicians’ cut of digital music income remains paltry, but Pandora insists the money is there.

6. As the compact disc turns 30, Neil Young is pushing for a new digital format, one superior in sound quality to mp3s. Meanwhile, music streaming marches onward, with Xbox now joining the fray and the BBC starting its own service, while Spotify looks to expand in new areas, such as in Japan and on smart TVs.

7. 20^th Century Fox professes to be very excited about new technologies, while one of the most pervasive of Hollywood’s recent technological efforts, 3D, is supposedly on the decline (again). Given recent studio turmoil, it’s unclear who exactly will lead Hollywood through this next stage of technological production, but it’s seeming likely there won’t be as many unpaid interns working for them as before.

8. The new documentary nomination rules that Michael Moore helped the Academy usher in for this year’s Oscars have apparently only caused new problems, so now Moore is proposing new solutions, including getting rid of the old solutions. Much of this revolves around issues of distribution, and the story behind Detropia illustrates how challenging distribution of docs has gotten today.

9. The gaming company Zynga is experiencing all sorts of turmoil, from declining stock to rumors of employee revolts to lawsuits against an ex-employee being portrayed as a threat to current employees. But at least there’s FarmVille 2, now with 50 million players. Of course, it’s no Angry Birds, now with 200 million players.

10. Some of the finer News for TV Majors posts from the past few weeks: Community Art, Ratings Takes, Scrambling Ban Eliminated, Cord Cutting Boxes, Connie Britton’s Hair, New Moonves Contract, New Local Ratings System, Real PBS Issues, DVR Boosts, Variety Sold, House of Cards Scheduled.

1. In-flight airline entertainment is at a crossroads, as airlines decide between spending on wifi upgrades to let people use their own devices and on airplane entertainment technology like seat-back systems. JetBlue is going for the wifi option, and Boeing is upgrading wifi systems on their planes, while a few international airlines are passing out pre-loaded iPads to keep passengers entertained. In addition to the ever-rising costs to access in-flight wifi, there’s also the matter of it inevitably being slow.

2. Netflix has new competition to keep an eye on: Sky made a deal in the UK with Warner Bros., the new Redbox-Verizon service plans a Christmas debut, there’s word Disney could jump into the fray soon, UltraViolet might finally make some noise, and cable VOD stands to encroach further on Netflix’s territory.

3. Predictions are starting for the Foreign Language Oscar race, but you can take Iran off the table for the back-to-back win because it will boycott the Oscars due to outrage over Innocence of Muslims. Or at least that’s the reasononing Iran’s culture minister claims. Alyssa Rosenberg thinks there might be more to it. Either way, Iran won’t be thrilled to hear that more film projects about Muhammad are in the works.

4. Theaters continue to struggle, with the iconic Lumiere Theatre in San Francisco and the Roxy Theater in Philadelphia darkening for good. A pair of designers believe new design thinking can help turn theaters around. Theater owners might also follow the branding advice of AMC Theaters’ Shane Adams, who impressed many on Twitter last week. At least AMC and other theaters can continue to charge whatever high prices they want for snacks, thanks to a lawsuit dismissal.

5. There was a huge deal in the music business, as Universal Music Group finalized the acquisition of EMI Music’s recorded music unit following European Union and US approval, which was contingent upon the new combo selling off some assets, including the contracts of some prominent artists. Even after that, Universal will end up with control of about 40% of the US and European music market and immense power over the future direction of the industry.

6. Alyssa Oursler insists that Pandora and other music services have nothing to worry about from the Universal deal, and Pandora’s attention is elsewhere right now anyway, specifically on supporting a proposed bill called The Internet Radio Fairness Act that would lower streaming service royalty fees to put them par with what satellite radio and cable companies pay. Independent stations also support the bill.

7. There’s a redesigned PlayStation 3 coming out, but don’t expect to get a cheaper deal on a previous model. You can expect more mobile options from Sony, and Electronic Arts is also trying to take advantage of multi-platform gaming. You’ll be able to play multiple Hobbit games on multiple platforms, and Sesame Street is also pointing the way toward the future of gaming.

8. Wal-mart won’t be selling Kindles anymore. The stated reason why is somewhat vague, and it could just have to do with frustration with Amazon. Some readers are getting frustrated with higher e-book prices from Amazon, while Amazon will try to hook more with Kindle Serials. Amazon will have a new competitor thanks to a new e-book venture formed by Barry Diller and Scott Rudin.

9. Conditions at China’s Foxconn factory, which makes the iPhone 5, got even worse, with a riot temporarily shutting down production. This has come at a tenuous time for China’s corporate environment and raises larger questions about Chinese manufacturing, while Foxconn’s owner is looking to expand his business efforts beyond the country. Apple insists it is improving foreign factory conditions.

10. Some of the finer News for TV Majors posts from the past few weeks: Cheers Oral History, Live TV Controversy, Auction Plans, The CW Signs With Nielsen Online, Dish Talking Internet TV, Changing Households, Variety Buyer, Cable Battles Consoles, Emmys Coverage, Female Employment, Netflix & A&E, Measuring Social Buzz, Tweeting Isn’t Watching, Microsoft Hire, New BBC. 

1. As mobile devices spread ever more widely across the globe, the White House wants federal agencies to make information more readily accessible online and especially through mobile apps. (Anyone up for a game of Angry Senators?) Right now, President Obama dominates challenger Mitt Romney on Twitter, though Romney does well in swing state followers.

2. Bad news continues to emerge about Google+, but Google seems to be ignoring all that, or missing the point, and perhaps missed the boat in not buying Twitter. Google did buy Motorola, which puts it in the hardware business, and the company is experimenting with everything from mobile photography glasses to cars that drive themselves.

3. It was also a challenging fortnight for Facebook, what with the worst IPO of the decade, a $15 billion class action lawsuit over user tracking, and GM blowing off its advertising value. Facebook is now stuck in a tough place between users and revenue needs, and its whole base could be built on a fallacy.

4. The Cannes Palme d’Or is awarded tonight. Such accolades don’t necessarily translate into box office success, but based on buzz, you can at least expect to hear more in the coming months about The Paperboy, Killing Them Softly, Cosmopolis, Amour, and The Hunt. There’s also buzz for films that premiered promos at Cannes, including PT Anderson’s The Master and Tarantino’s Django Unchained. Overall, though, word is that the festival was a subdued affair in the end.

5. It’s yet to be seen what Chinese ownership of the AMC theater chain might bring, but the man leading the purchase is making a big bet that there’s still value in American theaters, even as he really has the global market in mind. And this could be a sign of more buyouts to come.

6. The latest symbols of the newspaper business in crisis are the vulnerability of the New York Times, the New Orleans Times-Picayune making major cutbacks in print and talking vaguely about the digital future, three Alabama papers from the same owner cutting back to only three days a week, and the Denver Post showing that maybe copy-editors really are needed. Rich folks are still investing in papers, though, and some think fundamental ideological change is needed to save the form.

7. Not all magazine publishers are excited about the web, and one wonders where the concept of the controversial magazine cover goes after the death of print. Erotic books are enjoying a renaissance due to the privacy afforded by e-readers, which also have some DRM issues to work out.

8. A long-running illegal music downloading case will carry on for a bit longer after the Supreme Court declined to hear the defendant’s case. Meanwhile, in California, two men were sentenced to a year in jail for selling counterfeit CDs, while a case about pirated adult movies was dismissed due to uncertainty over IP address accuracy. And right-minded folk everywhere breathed a sigh of relief after Rick Astley’s “Never Gonna Give You Up” was restored to its proper place after a brief copyright takedown.

9. Spotify has added Aussies and New Zealanders to its roster of 20 million active users, and estimates of its value have reached $4 billion. Some think it’s Pandora that will truly change the music industry, though, and the increase in youth turning to internet radio bodes well for that.

10. Some of the finer News for TV Majors posts from the past few weeks: 10pm Drama Problem, Eurovision Host Issues, Girls Without TV, Auto Hop Lawsuits, Complete Season Ratings, Idol’s Drop, Simon’s Commencement Address, Season Winners, Women Writers & Pilots, Milch-Weiner-Gilligan Interview, Aereo Wins One, Dan Harmon Out, Upfronts Catchup.

1. Happy Mother’s Day! Nielsen reports that among American moms, half have smartphones, and they love Facebook and Pinterest (Twitter, not so much). For the general US population, mobile data access is a big area of growth, while check-in apps are still mostly niche. In India, women use their phones more for talking and texting, whereas men do more web browsing.

2. “More video is uploaded to YouTube in one month than the 3 major US networks created in 60 years,” tweets a YouTube exec, with 60 hours of video uploaded every minute. Now there’s word that YouTube could add a premium subscription service. But with YouTube getting so vast, some are finding smaller competitors offer a better platform, especially for mobile sharing.

3. Ebay and Wal-Mart are looking to develop their own search engines to battle against Google’s dominance, right as a Google report insists that search engines have First Amendment rights, which would mean Google could pick and choose which content and in what order to load up for a search reply. But Google isn’t allowed to violate internet privacy the way it apparently did by hacking into Safari to track users. Microsoft might also be cheating by making Internet Explorer the only browser that will work right on the upcoming Windows RT system.

4. While the documentary has a storied history in Canada, filmmakers are having a hard time finding funding for documentaries today thanks to federal cuts. If they can dig up an extra $20,000 or so from someplace, those filmmakers can get their films into the DocuWeeks program, which will still be a conduit to Oscar nominations, over Michael Moore’s objections.

5. News out of the National Association of Theatre Owners CinemaCon convention included 20^th Century Fox planning to end 35mm film distribution next year, which will have complex consequences. Plus all manner of new theatrical magic is on its way, including lasers. A few theater chains are reporting a surge in attendance right now, while the AMC chain might be looking to sell to China.

6. Overall home entertainment spending is up for the first time in awhile, though that’s mostly thanks to digital streaming and Blu-ray, and not DVDs and rental stores, of course. Blu-ray might decline too once people realize they’ll now have to sit through two government warnings before getting to the movie.

7. Microsoft has invested in the Nook, which is now worth more than Barnes & Noble itself. B&N is trying to find ways to reconcile physical and online book sales without killing off the former, as possibilities for survival and the future design of physical books are up for speculation.

8. April was a bad month for video game sales, and while EA did well last year, investors didn’t like its weak outlook for this year. EA has big development plans, though its big investment in social gaming company Playfish hasn’t paid off yet, as a CityVille competitor has flopped.

9. Rovio had a huge year in 2011, thanks of course to Angry Birds and its one billion downloads, and the company is hoping to replicate that success with the new Amazing Alex. Zynga is also trying to recapture magic with a Farmville sequel. Zynga’s acquisition of Draw Something’s company doesn’t seem to be working out, but its cloud technology is apparently to be envied.

10. Some of the finer News for TV Majors posts from the past few weeks: Renewals/Cancellations/ Pickups, Request for Family Programming, Dish Ad Skipper, Aereo Warning, HBO No, TV Everywhere Trademark Fight, Dish Dropping AMC?, Just Cancel, Kutcher Ad Pulled, Online & TV Ad Buys, Nielsen on Viewing, Bloomberg Wins, Hulu Authentication Coming?, BSkyB Defending Itself, Murdoch Criticism, TV & Diversity.

1. The MPAA’s 2011 Theatrical Market stats indicate that domestic movie theater attendance continues to decline and not even 3D is helping anymore. Only international attendance offers good news for studios. Theaters are getting desperate, and some are answering some spectators’ stated desire to use social media during screenings, even the Alamo Drafthouse (approved screenings only). And live theater is getting into the act by setting aside “tweet seats.”

2. DVD rentals are plunging, and internet movie consumption is about to pass DVD consumption, which is a problem for the studios because they don’t make as much money online as from DVD yet. Studios insist people still want discs (though different ones for rental and sales), and even though Netflix seems to want DVD to die off, it has just bought the DVD.com domain (perhaps for Rickrolling purposes).

3. Digital magazines are flying off the shelves…er, screens, though digital circulation is still only 1% of total magazine circulation. Unfortunately, some are reporting that magazines look terrible on the new iPad, but people will seemingly keep buying anyway. In the e-book realm, sales are surging, especially among young readers.

4. The RIAA reports that subscription music services are starting to rake in revenue, even as Spotify, whose valuation is growing, extends its free US usage. Indie bands are turning ever more to advertising to bring in revenue, and indie beers are seeking out indie bands. But Weird Al Yankovic is going the old-fashioned route: suing a music label for underpayment.

5. The next Xbox could be a stripped down version, which is interesting in light of the fact that Xboxs are apparently used more now as entertainment centers than game consoles. In terms of mobile gaming, our mobility doesn’t go much further than our beds, which means millions are playing Angry Birds Space before bedtime.

6. Racist tweets can land you in jail, profane tweets can get you kicked out of school, Chinese tweets can let you say more (poor Spaniards), and promoted tweets can make people leave Twitter. But movie tweets can’t really tell us much of anything.

7. The internet economy now constitutes 4.7% of the US economy, and growing, but a judge ruled that unpaid Huffington Post bloggers don’t deserve a cut of any of that. Bots, Democrats, Santorum searches, and stupid AOL sites are clearly vital to the internet economy, though.

8. Nielsen stats and many mobile ad execs say the smartphone race now comes down to Android vs. Apple, with Apple coming on especially strong lately, while RIM (Blackberry) is struggling. We’re increasingly using our smartphones, tablets, and computers on airplanes, leading some to call for the FAA to review its gadget policies. Just don’t leave your phone in the seat back pocket, or you’ll be just another statistic among those who lose $30 billion worth of smartphones each year.

9. Google and Twitter are running into potential censorship issues in the UK in regard to privacy, while thousands of BitTorrent clients are having their identities revealed thanks to a suit against an illegal UK porn site brought by Ben Dover Productions (I couldn’t resist adding that detail) and other porn producers. In less dirty (if not sanitary) UK video news, Charlie’s family has now banked $500,000 from the viral popularity of Charlie biting his brother’s finger (though when you consider that it’s the most viewed amateur video on YouTube in the site’s history, that doesn’t sound like that much).

10. Some of the finer News for TV Majors posts from the past few weeks: Olbermann Out, News Corp Accused of Sabotage, CBC Cuts, Premium Channel Revenue, Dodgers Bill, Cable Ratings Drop, Xbox Update, FX’s Risks, End Recaps, Variety For Sale, Smash Will Return, Aereo Likely to Lose, Network News Adds Viewers, Nielsen Measuring TV & Online.

In the U.S., Amazon has had a patent on this one-click purchasing system since the late 90s. It’s called “Method And System For Placing A Purchase Order Via A Communications Network”. It’s a special class of patent known as a “business method patent”, since it covers a particular way of doing business. Most patents cover specific gadgets, like a new broom or a better mousetrap. Patent-holders get a 20-year right to prevent others from making a similar invention and profiting from it. Business method patents grant ownership over technologies and the ways those technologies are put to use.

Relatively rare before the 1990s, the U.S. patent office started handing out business method patents more regularly with the rise of computers and online retail services. There are now patents on methods of running online auctions, the use of electronic shopping carts and even the selling of audio and video downloads over the Internet. Since the mid-90s, applications for business method patents in the U.S. have skyrocketed from hundreds to tens of thousands per year.

Here where I am in Canada, we haven’t experienced the same surge, mostly because the wording of our Patent Act seemingly excludes business methods. But that may be changing. Amazon’s quest to patent the one-click system here is currently at the Federal Court of Appeal, after 13 years of rejections, appeals, and reversals.

Business method patents are troubling because they grant a monopoly not just over a particular technology but ultimately over ways of doing – over ways of interacting with technology. They allow patent holders to stake a claim in what is, in essence, human behaviour. (Apple, for example, has patents covering certain gestures for interacting with their touch-sensitive gizmos).

The absurdity of business method patents is highlighted by Amazon’s use of their 1-click patent in the U.S. In 1998, the company used their 1-click patent to sue rival Barnes & Noble, alleging the “Express Lane” feature on B&N’s website was infringement. B&N had to alter their site so that purchases involved two clicks instead of one. Amazon essentially argued that its patent on a specific use of web browser “cookie” technology also gave it control over an entire method of buying digital stuff.

Business method patents create a blanket of legal hurdles and licensing fees that smother inventors’ ability to innovate. For example, a recent study by James Bessen and Michael Meurer suggests there are upwards of 4,319 patents an entrepreneur could be violating just by selling merchandise online. This patent “thicket” makes developing new gadgets and software more expensive – costs that consumers experience in the form of higher prices.

As more e-commerce moves to mobile phones and other portable devices, these platforms will face a similar land run. In fact, a recent investigative report on This American Life and NPR (“When Patents Attack!) showed how business method and software patents are increasingly causing headaches for big and small tech companies alike. Companies without actual products (non-practicing entities in biz-speak) are amassing huge portfolios of patents and using them to attack actual developers and hardware makers, trying to force them to pay stifling licensing fees.

Companies like Lodsys (one of the shell companies This American Life affiliates with Intellectual Ventures). Earlier this summer, the company sent out infringement notices to half a dozen developers who make applications for Apple’s iPods and iPhones. These are small developers – makers of calculator apps and twitter clients – who allow users to buy upgrades to their programs from within the applications themselves. Lodsys, a company that doesn’t make any competing apps, claims it has a patent on in-app purchasing. They are demanding a licensing fee of 0.575% for all U.S. sales of the apps until their patent expires. While Google, RIM, or Apple have the legal and financial resources to deal with such demands, smaller developers often don’t.

So next time you click once to buy, ask yourself whether the process is so unique and novel that Amazon should have a 20-year monopoly to it. The basic properties of the Internet (e.g. many-to-many communication, hyperlinks, etc.) opened up new ways for users and companies to interact. These qualities are just as responsible for new ways of doing business as any specific business method. If patents are supposed to spur innovation by sharing discoveries while also protecting inventors’ ability to profit from their ideas, we need to ask whether they are meeting this goal, or whether they simply act as quiet quests for control over information and cultural practices.

1. Jeff Price has launched a six-part series looking at the state of the music industry, from revenue to piracy and everything in between. Former UK music exec Rob Dickens suggests radically lowering the price of music to save it from piracy and boost revenue, an idea which Ian S. Port agrees with and insists won’t devalue music. Google is testing a new search engine designed to curb digital music piracy in India, but the music industry doesn’t think Google is doing enough to fight piracy.

2. Google is trying to keep up with Apple in mobile activations, but despite Google’s impressive revenue results lately, Henry Blodget insists the company is just a one-trick pony of search wonders. Pretty good trick, though, like Google Instant, which is garnering fans, if not more revenue. Google has figured out another trick: avoiding paying taxes thanks to a complicated overseas scheme.

3. Apple has tons of cash laying around, so if I was the 9-year-old iPod, I’d ask for a really expensive birthday present (maybe an iPad?). It’s still too early to tell if the iPad will make a ton of cash from magazine and newspaper sales but apps sales for Apple devices have reached the 7 billion mark, and a Nielsen study shows consumers increasingly connected to such devices. Apple needs to watch out, though, because its fart app supremacy may be in jeopardy. (I’d bet the 9-year-old has suggestions for improvement there.)

4. New York Times ad dollars have declined, as have magazine launches this year, and online advertising is thriving, but UK journalist Peter Preston says the evidence just isn’t there to prove that the internet is killing print. Also counter to what most would assume, a market analyst study claims that hard news generates more ad revenue online than LiLo news. And I’m sure we’d all be in much better moods for clicking on ads if newspapers could figure out better ways to counter abusive commenters.

5. The Weinstein Co. has hired a new production president, who will hopefully get them back on the award-winning track. Weinstein Co. does have a few films nominated for the Gotham Awards, which apparently hosts a great party. The Weinsteins can fill hours of cocktail conversation at the party with tales of their battle against an NC-17 rating for Blue Valentine. Also a good Gotham Awards party conversation starter: the MPAA ratings and male nudity. If Ken Loach shows up at the party, be sure to have a big drink handy; he might talk your ear off about how cinema has been debased by Hollywood and TV.

6. The two studio news stories I haven’t linked to lately because I got bored of hearing about them have now threatened to become one: MGM and Lionsgate. Hearing nothing but glowing praise for Pixar can get a little boring, but here comes a little bad press to shake things up: accusations of sexism for the firing of its first female director. Steven Zeitchik has some info on movies you’ll never hear from again, and you’ll likely be hearing more about 3D sound — literally! Ha! See what I did there?

7. Netflix this, Netflix that, Netflix the other. Blockbuster? Not so much. Sorry ‘bout that, DVDs and video stores. And sorry studios, you coulda had a piece of that.

8. Redbox is entering the video game rental business, while game sales continue to decline, and EA’s stock price took a hit allegedly due to negative Medal of Honor reviews. Maybe EA should follow the Kinect’s lead and have Oprah give it away to her audience; I’d buy stock in whatever it is that makes people act like that. But such passion raises a question: should game developers be swayed by fan input?

9. Twitter is popular in Brazil, but not at the Washington Post, and Twitter is more popular than Facebook for click-throughs. Facebook Places has not hurt the popularity of Foursquare yet, nor has The Social Network hurt Facebook’s popularity. And internet popularity might be measured more by social networking than searching soon, as long as we’re not measuring popularity by actual profits.

10. Some good News for TV Majors links from the last two weeks: Ratings Delineation, Mad Men finale reviews and good tweets, Cable & Satellite Future, Albrecht Profile, BBC Freezing the Fee, Over-the-Top Competitors, Glee Cast in GQ, Quitting Cable, Networks Block Google, Creator Demands.

Among the things we grappled with while developing this project was how to use smartphone technology to enhance rather than replace a user’s experience of physical space. The intention of many apps is to bring the world to the user, rather than the other way around. The tendency of such apps is to de-spatialize or trans-spatialize the user, allowing her to review, survey, or experience spaces without moving. To put this in terms that Paul Virilio might appreciate, this is the tendency of an app—or mobile media in general—toward a spatio-temporal totalitarianism. “If in preindustrial eras the low speeds of various vehicles structured and geometrized the social landscape,” Virilio writes in Bunker Archaeology, “since the acquisition of high speeds… it is here, and not over there [emphasis added], that the critical is from now on played out.” To encourage mobility, exploration, and discovery, to insist on the “here-ness” of spatial media, we designed the app to allow users to listen to audio tags only by physically encountering the tagged spaces. For Bike Box, there is no content without negotiating physical space. In addition, we designed the app so that there can be no overlap of audio tags. Rather, a participant who adds a tag “owns” a 30 meter sphere of space. Among other things, this encourages a centrifugal or expansive relationship to space, propelling participants ever onward and outward toward unexplored and “unclaimed” territories.

The meaning of the term “space” is a complex one. On the one hand, one can argue that Bike Box opens a new space for communication, broadcast and social struggle, and on the other hand, this space may only be the virtual space of capitalism created for the purpose of being colonized. Geo-locative space is absolute space, as David Harvey puts it in his book Spaces of Global Capitalism: “[absolute space] is fixed and we record or plan events within its frame…. Socially this is the space of private property and other bounded territorial designations.”

Yet Bike Box uses a space that is still somewhat open, not yet occupied or regulated by the industry or the state. For example, we did not submit our application to the App Store and were able to distribute it via the iPhone configuration tool without Apple’s benediction. Mobile technology is still in its infancy and it is still possible to utilize this emerging technology as a  “temporary autonomous zone.”

Another tendency we hoped to work against is the notion of an app as a private and intimate experience. Though users could listen to audio through headphones, we encouraged them to borrow one of the bikes we had equipped with speakers. The bikes served as broadcasting units, allowing riders to share their listening experience with friends and passersby. The speakers allowed the audio content to extend into the space. For the few moments the audio tag plays through the speaker, it becomes spatialized—no longer just a response to or gloss on the tagged space, but a part of the experience of that space.

The performative acts inherent in participating in a mobile game or interacting with a portable networked computer in public space is a rich area for research. This research could include such genres as flash mobs or even public cell phone use. Should we begin looking at this expression as a type of performance? It’s obvious that ubiquitous computing, mobile media, and invisible technologies like GPS and radio-frequency identification (RFID) are undermining concepts of public space and changing our notions of privacy. By utilizing high-powered speakers, Bike Box emphasized this extension into public space.

The advent of a new technology usually presents the possibility to repackage old media. This way, businesses can sell the same idea in a different package. The profit-motive aside, it behooves us to consider what new forms of communication and community are possible as a result of technologies such as smartphones and the availability of location-aware data. The new web standard (HTML-5) incorporates geolocation, meaning that it will be easier to target specific users in terms of their location. In conceiving Bike Box, we were interested in poetic responses to locations, be they field recordings, fictional narratives or interpretive audio. Participants were therefore enabled to contribute whatever audio they wished. The content we culled was more diverse than we had imagined it could be. For all participants it seemed important that the audio be either produced locally or by a local person. As geolocation becomes attached to identification, the concept of a local acquires new meaning and becomes an important ingredient in cultural narratives.

Some good news came from the battlefield that is media and technology policy recently: some important fair use rulings that help to hold off the ever expanding clutches of copyright.  Through a nice (if small) corrective built into the generally heinous Digital Millennium Copyright Act, every three years the Library of Congress rules on exemptions to the anti-circumvention clause that makes it illegal to break technological protections on copyrighted material.  Here are the new exemptions:

• Ripping clips of DVDs for educational purposes and use in documentary and noncommercial works is now allowed under the law.  This extends the previous exemption enjoyed only by lucky film and media studies instructors and their classroom uses to recognize more instructors, non-classroom uses, and students.  Make sure to check out Jason Mittell’s posts here and here for details and what this means for academics.  Beyond that, this ruling is also a big victory for those documentary filmmakers and remix video artists who have to crack encryptions on the existing material they transform for criticism and commentary.

• It’s also now legal to jailbreak your phone, opening up its operating system for other mobile networks and applications.  This ruling is most specifically about unlocking the iPhone for use with carriers other than AT&T and to run apps other than those available on Apple’s tightly controlled iTunes App Store, which is an important limitation on the power that device producers like Apple can have over users.

• Users also now have the right to crack digital rights management in order to run screen-readers on ebooks.  Many publishers technologically restrict the use of text-to-speech functions on computers and devices like the Kindle, so allowing for getting around this is especially key for promoting accessibility for people with print and visual disabilities.

• The ruling also allows for academic security research on video game DRM, in response to concerns over some specific security vulnerabilities.

The legal recognition of these fair uses is a very encouraging development— the result of a lot of great work by organizations like the Electronic Frontier Foundation, American University’s Center for Social Media, the Organization for Transformative Works, the Society for Cinema & Media Studies, and others.  As Jonathan Zittrain and others point out, though, there are still a number of technological and legal hurdles that remain in the way of these uses— not least, of course, are the technical skills necessary to pick the locks in the first place.  And this is all only good for another two years, when these exemptions will have to be defended at the next review.

The Library of Congress’s ruling is even more encouraging, though, when taken along with two other recent court decisions on copyright.  The first case made some headlines: in June, a federal court threw out Viacom’s $1 billion copyright infringement lawsuit against YouTube.  The summary judgment ruling took a good strong reading of the “safe harbor” provision of the DMCA, finding that Google only hosts others’ content on YouTube and therefore can’t be held liable for the actions of its users.  The second case went relatively unnoticed: the day after the LOC announced its exemptions, a federal appeals court ruled that breaking DRM just to access a piece of software isn’t illegal under the DMCA’s anti-circumvention rules.  While a rather abstruse case involving medical system software and dongles (yes, dongles), the decision sets a pretty clear and substantial fair use precedent: breaking technological protections on a work is legal as long as the use you make of it is legal.  These cases, though, are likely far from over— expect to see appeals to the Supreme Court in both.  Nonetheless, in the fight for a more balanced approach to copyright regulation (and especially in light of some really scary stuff on the horizon), it’s nice to have some victories to celebrate.