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stories filed under: "streaming"
Say That Again

Say That Again

by Mike Masnick


Filed Under:
netflix, streaming, us

Companies:
netflix



Netflix Claims Americans Don't Want Standalone Streaming Movie Service

from the say-what-now? dept

Netflix's streaming movie service has been pretty successful according to most of the analyses I've seen, but it's still tied to the DVD rental service. So it's a bit surprising to find out that, while Netflix is readying a streaming-only service, it won't be available in the US because (according to CEO Reed Hastings):

"the company hasn't seen much interest in something of that nature in the States."
Karl Bode, over at Broadband Reports, has the appropriate response:
Wait, What? 42% of Netflix users have streamed at least 15 minutes of one TV show or movie during the last quarter, up from 22% just one year earlier. Personally, my DVD queue has sat unused for months, with the majority of my film and HDTV viewing now occurring via the far more efficient Xbox 360. The demand is certainly there, it's just not quite mainstream yet. So what's really going on?
His guess... and it's a good one, is that Hollywood isn't really thrilled with the situation, and is holding back the licensing that would enable such a service.

36 Comments | Leave a Comment..

 
Predictions

Predictions

by Mike Masnick


Filed Under:
cable, dvds, movies, streaming

Companies:
netflix



Forget Piracy Or Boxee... Could Netflix Take Down Cable?

from the submarine-innovation dept

A bunch of folks have been sending in the recent Wired Magazine article talking about how Netflix's online streaming offering may be a disruptive innovation that takes down cable. The thinking is that, with Netflix service being built into lots of different settop devices, and the ability to watch various TV shows that are offered via DVD (and the Netflix streaming service, as well), why would people need cable any more? They can just wait until the "video" is out, and stream it via Netflix. The article may go a bit far in proclaiming Netflix as the winner of this battle right now, but it does suggest that (whether it's Netflix or some other provider) the model that cable television has relied on for so many years is certainly facing a pretty big disruption, one way or another.

52 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
consumer rights, copyright, fair use, israel, streaming

Companies:
premier league



Israeli Judge: Watching Streaming Games Online Is Fair Use

from the wow dept

The entertainment industry has, in the past, accused Israel of not properly respecting copyright, but Israeli officials, rather than bending to the will of Hollywood lobbyists hit back with a long and detailed response, noting that its copyright law has already been influenced too much by American-style copyright law -- and just because they didn't go completely draconian and implement a version of the DMCA, it doesn't mean they don't have strong copyright laws. You have to imagine, however, that Hollywood's lobbying community is about to go ballistic after reading a recent decision (sent in by a ton of people -- including one of the lawyers involved in the case!) concerning an attempt by the Premier League to unveil the owner of a website, LiveFooty, that allowed people to watch streaming football (soccer for folks on this side of the Atlantic) matches.

Now, we've already covered incredibly aggressive legal strategy of suing any site that lets people stream its matches. Quite often, it goes after service providers rather than the actual users, and also goes after services in places where the games aren't viewable anyway (so it's not even taking away any real revenue). Either way, the judge in an Israeli district court was not impressed and tore apart the Premier League's arguments:

the Tel Aviv District Court ruled that it was a case of "fair use" since no profit was made from the broadcasts and that, in Israeli law, breach of "broadcasting" copyright only referred to cable or wireless transmission and not streaming over the internet.

The judge, Michal Agmon-Gonen, furthermore ruled that the site had important social aims -- "watching sports events is socially important and should remain in the realm of mass entertainment, and not just be for those who can afford it" -- and argued that those who view online were not damaging the revenues of broadcasters. She said they were mainly "those of small means or who are not sufficiently interested in sport to pay".
That's the report from the Guardian, but the full ruling from the judge gets a lot more interesting. In refusing to reveal the name of the owner of the site, she talked about the importance of not giving in to the chilling effects of copyright infringement claims, and the importance of setting a very high bar on such things:
"Someone who claims breach of copyright must meet two conditions. The first is to present prima facie evidence of a breach, that will lead with a high degree of probability to proof of it. Secondly, the breaches claimed must be especially severe, wrongs committed in aggravated circumstances," the judge said. This is because "unintentionally, millions of people infringe copyright every day; there are no grounds for disclosing their identities in such cases, but only when it is a matter of blatant and severe infringement."
As far as I know, this is the first time I've seen a judge highlight unintentional infringement, and the chilling effects of making it such that anyone needs to constantly look over their shoulder and be afraid that almost anything they do may be judged to be a violation of copyright laws.

The Premier League will certainly appeal, and you can bet that Hollywood lobbyists will soon come out with yet another report claiming that Israel is a "haven for pirates" or some ridiculous claptrap along those lines. One hopes that this thoughtful ruling that focuses on the public's rights will stand up and get recognized for recognizing that copyright isn't just about the rights of the copyright holders, but about the rights of the public too. However, given the history of the entertainment industry lobby, it seems unlikely.

15 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
broadband, fcc, streaming



This Doesn't Bode Well: FCC Can't Figure Out Online Streaming For Its Own Meetings

from the and-they-want-to-regulate-stuff? dept

If there were any gov't body that you would hope would have a handle on basic things like online streaming of video and audio, it would be the FCC, which is supposed to be regulating communications, right? But... that's not how the government works. During yesterday's meeting, in which it announced plans to investigate the wireless industry, apparently the online stream required the use of RealPlayer (welcome to 1999) and only allowed 200 simultaneous connections. Perhaps instead of investigating the wireless carriers, the FCC should investigate its own broadband connections and streaming setup.

22 Comments | Leave a Comment..

 
Surprises

Surprises

by Mike Masnick


Filed Under:
app store, arbitrary, iphone, itunes, music, spotify, streaming

Companies:
apple, google, spotify



Apple Approves Spotify App... Spotify Should Thank Google

from the good-timing dept

Just before the whole mess -- including an FCC inquiry -- of why Apple rejected Google voice on the iPhone, we were among those who wondered if Apple would approve Spotify, the well-hyped (perhaps over-hyped) music app that in many ways competes directly with iTunes. Well, it looks like Apple has approved the software, though Spotify is still only available in certain European countries (though there are promises of a North American launch later this year). You really have to wonder, though, how much of the approval was due to the mess and attention that Apple received following the rejection of Google Voice. It seems likely that the company is now (finally) a bit more sensitive to this issue, and may have decided that it didn't need another PR headache... or to give any more fodder to the FCC. Spotify probably owes Google a nice bouquet of flowers.

15 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, liability, safe harbors, streaming, trademark, video

Companies:
one ring, ustream



Another Misguided Lawsuit: Ustream Sued Over Users' Actions

from the trademark-safe-harbors dept

It's no surprise these days to see that service providers are getting sued for the actions of their users, but it is always fun to see how the lawyers for the plaintiffs try to get around the obvious problems of DMCA or CDA safe harbors. The latest case involves boxing promoter One Ring suing Ustream, one of a number of live video streaming companies out there. Like the misguided lawsuit threat against Justin.tv, this involves a sports group suing the platform provider because a user turned their webcam towards the television, so that others could watch the stream. The DMCA pretty clearly makes these lawsuits entirely baseless, as the only liability is on the person who actually used the account and pointed the webcam at the TV (separately, the fact that you can potentially be guilty of copyright infringement for showing the world what you see with your own two eyes is quite troubling, but a discussion for a different day).

In this case, though, there's a little tidbit, brushed over by the original article, but which suggests how One Ring hopes to get around the DMCA safe harbors on copyright infringement. It's not just suing Ustream over copyright, but it's also claiming that since its logo was seen via the broadcast, Ustream is also guilty of trademark infringement. That's because there's an annoying loophole in that trademark is not technically covered by either the DMCA's safe harbors or the CDA's safe harbors. The DMCA only covers copyright, and the CDA specifically exempts "intellectual property," thus leaving trademark in nowhere's land between the two. Not surprisingly, this has become a popular loophole for lawyers to try to exploit (in fact, we were recently threatened on this very point).

That said, it still seems like Ustream should have a strong case. Even if trademark is not explicitly covered by a safe harbor, simple common sense should make it clear that the company should in no way be liable for the actions of its users. On top of that, claiming that its trademark infringement to show the One Ring logo is also quite questionable and hardly seems likely to stand up under scrutiny. Still, it's an annoying lawsuit that Ustream has to deal with, for no particular reason.

15 Comments | Leave a Comment..

 
Predictions

Predictions

by Mike Masnick


Filed Under:
app store, arbitrary, iphone, itunes, music, spotify, streaming

Companies:
apple, spotify



Will Apple Allow Spotify On The iPhone?

from the one-to-watch dept

Having used Spotify a bit, I can definitely see how some people think it could potentially replace iTunes completely. It basically acts like an iTunes that has access to millions of songs at no additional cost (and, yes, it's all licensed and legal). The songs are streamed, but you almost never notice it. It really does feel just like iTunes, while also having "Pandora-like" features for creating specialized stations or sharing others' playlists. Unfortunately, it's only available in the UK for now, though the rumor is it will be available in the US before the end of the year. However, where things could get really impressive is with Spotify's mobile app. For a few months, there's been a YouTube video of Spotify Mobile on Android:

The demo highlights the fact that you can sync any playlist for "offline" play, solving the biggest question about weak mobile signals on the go, or how you use it on a plane or somewhere without wireless access. With offline syncing, it's basically everything that an iPod can do -- with access to 6 million songs without having to pay for each individual song. But, of course, Android is still a limited platform. The big fish these days is the iPhone App Store, and Spotify has now submitted an iPhone app for approval, which raises all sorts of questions. With Apple's history of rather arbitrary rejections -- including ones for things Apple has deemed "competitive" -- will it block Spotify as a rather direct competitor to iTunes? That would be very unfortunate, and again demonstrate the risk of a closed platform.

That said, the initial reviews of the iPhone app seem quite strong. Eliot Van Buskirk at Wired loves the syncing feature, and warns that "you'd have to pry it out of my cold, dead iPhone before I'll delete it from my phone." Meanwhile Music Ally points out that Spotify has uploaded a video of the iPhone app as well:
It really does look pretty slick. So now the ball's in Apple's court. I have no idea if Spotify can survive as a business (and I suspect that the royalty rates the music industry wants will make that difficult), but it is great to see more innovation in the space. Now we get to see how Apple feels about that sort of innovation.

15 Comments | Leave a Comment..

 
Studies

Studies

by Mike Masnick


Filed Under:
downloading, recording industry, streaming

Companies:
google, spotify



Is Streaming Really Replacing Downloading?

from the perhaps-in-some-cases... dept

Lots of attention is being paid today to an article in the Guardian about a new study claiming that illegal file sharing has collapsed in the UK and is being replaced by streaming music found on YouTube and through services like Spotify. The premise of the article is that now that kids have alternatives, they're willing to dump unauthorized file sharing and get by with streaming. While I don't doubt that it may be true in some cases, I'd take these findings with a pretty large grain of salt for a variety of reasons:

  • It's not based on actual usage data, but on survey data.
  • As more and more attention is being paid to people getting sued and fined for online file sharing activities, people are certainly going to be less willing to admit on a survey that they participate.
  • This is especially true in the UK, where there's been a tremendous amount of attention on the recent Digital Britain report, which claims, as a goal, to reduce illegal online file sharing activities.
That said, it wouldn't surprise me at all to find out that some users have modified their behavior due to the ease of use from online streaming platforms. When I was in the UK, I got to play around with Spotify, and I could see how many people might start using that as a replacement for file sharing much of the time (and demos of Spotify's mobile app that include syncing features when there's no internet connection make it look quite compelling for even offline music playing).

However, even if we take what the article says as proof, it seems quite likely that the industry will muck this up too. Already, we've seen that Spotify is running into licensing problems, and the company is nowhere near being able to turn a profit. And, of course, the industry is pushing for increasingly unsustainable webcasting rates. That's why YouTube and PRS still haven't come to an agreement over all that streaming music in the UK, and even as PRS has tried to lower its rates to make a deal, some of the record labels are actually demanding the rates be pushed back up.

This is how the legacy industry kills anything even remotely positive. The second that the industry sees anything that's working, it suddenly smothers it by demanding to get a bigger and bigger cut. We've seen it for years. As soon as iTunes started to be successful, the labels pushed to get a bigger and bigger cut from any sale (and to push the prices of each song higher). More recently, with the massive success of video games like Guitar Hero and Rock Band helping to promote music (and making musicians a ton of money), the labels have been demanding a bigger cut as well.

Rather than understanding how to create and foster a healthy music ecosystem, it seems that some of the major label bosses have learned how to do one thing only: squeeze each tiny baby lemon as hard as possible until it's dry, never giving it a chance to actually grow. And then they wonder how come each new revenue stream doesn't make as much money as their old way of doing business.

27 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
licensing, music, negotiations, streaming

Companies:
emi, grooveshark



Record Labels Continue 'Negotiating Through Lawsuit'

from the it's-why-they're-so-lovable dept

We've noted in the past that the record labels have a pretty well established operating procedure when it comes to "negotiating" with startups that are actually doing the innovative things in the music delivery and promotion space. They open "negotiations" with these startups... and then after a certain point, they file a lawsuit. It's purely a negotiating tactic (and a way for record label lawyers to keep busy), that makes the "negotiation" a lot more antagonistic, and often ends with the startup agreeing to give up way too much. Warner Music perfected this trick, such as when it sued iMeem only to then invest in the company as part of the settlement. Of course, because iMeem had no choice but to cave in order to deal with the lawsuit, the terms of the deal were so onerous that iMeem nearly went out of business -- until Warner Music wrote off the investment and recently renegotiated.

As unbelievable as it may be, the major record labels apparently don't recognize that "deals" negotiated at the end of the barrel of a gun tend not to work out very well in the long run. They're certainly not mutually beneficial.

And yet... the process continues. While Warner Music has done a bunch of these sue-to-negotiate deals, EMI seems to be involved in many of the more recent lawsuits of this nature. Its latest target is GrooveShark, one of a bunch of sites that lets you listen to streaming music online. Apparently the two companies had been negotiating terms... and then suddenly EMI sued. Par for the course. In the meantime, if you're a music startup hoping to do a licensing deal with a major label, make sure you have some litigators on your legal team. You're going to need them.

8 Comments | Leave a Comment..

 
Culture

Culture

by Carlo Longino


Filed Under:
baseball, markets, streaming

Companies:
cablevision, mlb.com, yankees



Finally, A MLB Team Gets A Deal For In-Market Online Streaming

from the water-stone-etc. dept

Major League Baseball has long contended that fans should watch games in the manner in which it chooses, rather than how the fans themselves want to. This is the thinking behind its local blackout policies, first intended to "protect" ticket sales by not allowing the TV broadcast of games that weren't sold out, and lately, intended to "protect" local TV broadcasts by making it impossible for fans to watch their local team online. It takes the blackouts so seriously that it's even patented a way to black out local users from online streams, an absurd show of pride in something that basically just frustrates fans and customers. But there may be some cracks appearing in the local online blackouts, as the New York Yankees, Cablevision and MLB have reached a deal for in-market streaming of games. At first glance, the negotiations sound pretty convoluted, especially considering the Yankees own a stake in YES, the local TV rightsholder. But not surprisingly, the result -- that people in the Yankees' local market can only buy the online subscription if they're Cablevision subscribers that get the YES network in their cable package -- seems like it's par for the course for MLB, which has a penchant for trying to lock down everything baseball-related online.

The amount of baseball that's broadcast on TV has boomed over the past couple of decades, having escaped the thinking that making the game harder for fans to follow on TV was somehow actually good for it. Now, the same thing is playing out online, where MLB seems hellbent on frustrating fans who want to see all of their teams' games online. What makes online different than TV, in that putting up these walls in front of the game's most dedicated fans is somehow a good thing?

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

7 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, court, rates, songwriters, streaming

Companies:
ascap, google, youtube



YouTube Ordered To Pay $1.6 Million To ASCAP

from the making-sausages dept

You may remember last year around this time, a district court set a totally arbitrary royalty fee that AOL, Yahoo and RealNetworks had to pay ASCAP for music streamed over their services. Reading through the details of the decision was immensely troubling, because it seemed to calculate the amounts on a somewhat meaningless formula based on taking a percentage of revenue from the companies that had absolutely nothing to do with music itself. Basically, it looked at almost any revenue that somehow sorta kinda touched on music (including search) and included that as part of the calculation process. Recently, ASCAP and Google went through a similar case in front of the same district court to determine just how much Google has to pay ASCAP for all the music streamed on YouTube. To be honest, I'm still not sure why it makes sense that Google has to pay anything for this, but that's one of the oddities of modern copyright law.

While the decision hasn't received much press attention, last week, the court ordered Google to pay $1.6 million to ASCAP (thanks to Eric Goldman for sending me the decision). The court seemed to take a "split the difference" approach, as ASCAP had asked for $12 million for all music streamed between 2005 and the end of 2008 (and another $7 million for 2009). YouTube, in response, had suggested $79,500 for 2005 through the end of 2008 and then $20,000 per quarter ongoing. The court rejected both proposals, and dinged both companies for weakly supporting their positions, or being somewhat misleading in their assertions. Google, for instance, tried to focus on the number of "music videos" as compared to the total number of videos on YouTube, though the court noted that the music videos seem to get a lot more views than many of those other videos, and it doesn't take into account the time spent viewing each video. ASCAP basically said: "just take that formula you used last year for AOL, Yahoo and Real and apply it to Google revenue."

The court, instead, went into a lengthy justification of trying to come up with a "fair" proposal, involving an awful lot of redacted information on YouTube's revenue (though... if you work through all the numbers you might be able to piece back together some revenue info) and eventually came up with $1.4 million for 2005 through 2008, and then $70,000 per month afterwards, which, when added to the additional fees this year, brought it up to $1.61 million to date (and counting). Of course, this is all supposed to be a temporary sort of thing until the two sides can work out an agreement on their own -- but given the vast differences in proposals (as the court noted, ASCAP was asking for a rate 150 times as large as YouTube's proposal), it doesn't seem like the two sides are close.

Either way, reading this ruling as well as last year's ruling shows what a total mess this process is. Basically, ASCAP gets to go in and demand cash from anyone who benefits from music anywhere, and a judge sorta randomly makes up reasons to give them cash. I know that ASCAP supporters will claim that the money is for songwriters, not the record labels, and it's important and blah blah blah. But the whole system of such collective licenses is a mess that it makes it close to impossible to do anything with music without getting yourself into a huge licensing hole. For more than a century now, Congress and the courts seem to look at every innovation and simply slap another license fee on it, and leave it to the courts to sort out any mess. All of these license fees add up to a massive tax on innovation that divert money from good business models and into the hands of collections societies, who siphon off a piece and often don't do a very good job distributing that cash. It's a massively inefficient model that's simply not needed.

51 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Carlo Longino


Filed Under:
movies, streaming

Companies:
blockbuster, tivo



Blockbuster Takes Its PPV Streaming Movies To TiVo

from the lessons-learned dept

Blockbuster announced back in November that it would begin offering pay-per-view movie downloads, but its plan had a couple of major pitfalls: it required consumers to buy a proprietary box to be able to buy the downloads, and it didn't offer a very wide selection. It's cracked one of those, sort of, by making its OnDemand service available to TiVo users, who will now be able to access it alongside rival services from Netflix and CinemaNow. It's heartening to see that Blockbuster has realized the standalone box strategy isn't viable, even if others haven't figured it out. The lesson is pretty clear: if you're going to come out with a streaming service, you're going to fail if you force users to buy a proprietary box, and your only chance to succeed is by making it available on as many platforms as possible. That's not a guarantee, mind you, as there are still plenty of ways to screw things up, or to have things screwed up for you by movie studios.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

29 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
business models, listening, music, streaming



Oh Gosh: How Dare People Want To Listen To Music

from the how-dare-they dept

It looks like we've found the new evil bogeyman for the recording industry: people daring to listen to music for free online. We mentioned it earlier this month, when there was a report about how all the various online streaming services were taking away from sales. Apparently, the record labels are passing around statistics claiming that such streaming services hurt music, claiming (incorrectly) that "there's nothing left to promote."

This morning, at the Leadership Music Digital Summit, Russ Crupnick, a music industry analyst at the NPD Group, gave a "state of the industry" talk, where he pointed out (good) that p2p file sharing isn't as big a problem as the industry makes it out to be, but then dove into the "problem" that more and more consumers of music are "only listening to music," using these various online sites and services, rather than buying the music. It seems to be quite a strange world where the idea that lots of people are paying attention to your product and it's seen as a "problem." He even noted that folks who do buy (such as concert tickets) tend to spend a lot more on music-related goods (beyond just concert tickets) but seems to brush over that.

While it's good to see that folks are starting to get beyond just blaming P2P (though, Crupnick did repeatedly refer to it incorrectly as "stealing" music), this industry has a serious problem: it looks at every single opportunity as a "problem" or a "threat" and never as an opportunity. I would argue that's a much bigger problem than fans daring to listen to and share music.

24 Comments | Leave a Comment..

 
Culture

Culture

by Carlo Longino


Filed Under:
sports leagues, streaming, websites



Sports Leagues Figure Out Build It Online, And They Will Come

from the somebody's-paying-attention dept

We've mentioned several times about how sports leagues are trying to crack down on unauthorized web streams of their games. It's a misguided effort that fails to recognize the opportunity here: people watch these streams because they generally don't have other options. Largely, they're not cheapskate pirates, but underserved customers. With that in mind, it was nice to see a story in the WSJ a few days back talking about how some American leagues' subscription streaming services are enjoying success. They've figured out that by offering users a better service than the pirate streams, they can get them to pay subscription fees. This gets to the heart of so many different industries' battles against piracy: it's not a technological problem that exists because there are inadequate locks for content, it's a business problem that exists because many companies are too complacent to develop services that deliver consumers content they want in a format they desire.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

6 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
business models, licenses, music, recording industry, streaming



Blame Game Continues: Now It's Online Streaming That's Killing Music

from the oh-come-on dept

Every new entertainment innovation has resulted in hand-wringing by the existing industry about how it's going to kill the business. Player pianos? Evil. Would destroy the sheet music industry. Recorded music? Would send musicians to the poorhouse and end live music. Radio? Would destroy the recorded music business. Home taping? Killing music. The VCR? The "Boston Strangler" to the movie industry. Notice a pattern? Every single one of them, in actuality, helped grow a market much bigger than that which preceded it. Yet, for some reason, no one in the industry (or, all too often, among the press who repeat their complaints) seems to notice this.

So here we have Business Week -- usually less susceptible to these sorts of claims -- repeating totally unsubstantiated arguments from music industry insiders that it's now legal online streaming services that are killing the music business. The fact that most of these services are really little different than traditional radio (which helped build up the massive recorded music industry) seems to zip right by without mention.

The problem is that the author of the article, and most of those quoted in the article, incorrectly seem to think that the only way the music industry makes money is in the direct sale of music. Thus, the fact that people listen to streams for free (or small royalties) is somehow seen as "bad." The fact that radio works on basically the same principle isn't even touched. The fact that there are tons of other ways for musicians to make money -- and for many of them it helps to have more people listening to their music via these services isn't even the same area code as the article.

Instead, the entire article seems to be based on a complaint from the guy who heads the National Music Publishers' Association , whose business has always been predicated on the house of cards of music licensing. Every time a new technology comes along, the publishers demand a new level of licensing. Right now they're pushing hard for yet another duct tape solution: adding another license for such online streaming services, and Business Week played right into their hands with a non-critical piece describing the "issue" in the exact terms they want people to be thinking about.

33 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
sports leagues, streaming, websites



Sports Leagues Missing The Point About Fans Streaming Live Games Online

from the foul-ball dept

Just a few weeks ago, we were talking about sports leagues freaking out over online streaming sites like Justin.tv destroying the value of their broadcast rights. However, in that discussion, we noted that these sports leagues seemed to be missing the point: the reason watching such streams online is popular is that the sports leagues have failed to adequately serve the needs of fans -- often falsely believing that online streams of games somehow take away from live attendance or TV viewing. Yet, now the NY Times is continuing this story, highlighting how various sports leagues are trying to crack down on such online streaming. About the only "good" thing in the story is that many of the leagues say they've learned from the RIAA not to sue people, but just to send cease and desist letters. That's a start, but it still misses the point -- which the NY Times contributes to by falsely claiming that anyone streaming a game live online is "stealing."

The only reason such streams are being placed online is because the leagues themselves have failed to adequately provide the video in a way that allows fans to conveniently watch the games. These unauthorized streams aren't "piracy" or "stealing." They're the market telling these leagues to shape up and improve their product. And, while the article incorrectly suggests that unauthorized streams have no ancillary product for people to buy (and thus are a true "loss"), that ignores pretty much all reality around sports fandom. If a sport or a team can build a strong fanbase, then there are tons of things that can be sold to that fan -- such as tickets to live events, uniforms, cards, memorabilia and much, much more. The real issue should be about trying to get and capture more fans -- because true fans will spend a ton on a sport or team that they love. It's disappointing that the various sports leagues mentioned in the article are too short-sighted to recognize this, but it's even more annoying that the NY Times reported their position as if it were factual, without any quotes from those who would point out how wrong the leagues are in their thinking.

30 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Carlo Longino


Filed Under:
movies, settop box, streaming, videos

Companies:
blockbuster, netflix



Now Blockbuster Wants To Sell You A Proprietary Box So It Can Sell You Streamed Movies

from the broken-record dept

Stop us if you've heard this before: a company wants to sell people a box so they can pay to download movies. Sound familiar? That's because plenty of companies have tried it before -- all with little success. Consumers haven't shown much interest in buying service-specific hardware so they can buy movie downloads from a single provider for a number of reasons: poor selection of movies, the cost of downloads, the cost of the hardware, download times, and lack of portability to name a few. What's amazing is that so many companies keep lining up with their own efforts, without ever really fixing any of the problems, as if time will solve them. Now, it's Blockbuster's turn, as it's announced a $99 box that can access $2 movie downloads. Blockbuster says its service is different than all the failed ones before it because it has "more recent" movies. Netflix's streaming service has 12,000 films and TV shows -- less than 10 percent of its collection, thanks to Hollywood licensing schemes. Blockbuster has a whopping 2,000. But they're newer, they swear. So not only has Blockbuster failed to solve one of the problems of these services (narrow selection), they've exacerbated it and are calling it a feature. Now that sounds like the path to success.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

24 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
locker, online music, streaming

Companies:
lala



Lala Sings Yet Another Tune

from the well,-let's-see... dept

Over the years, one of the companies that we've talked about here that has been full of hyperbole, but almost no substance, has been music startup Lala. It's gone through many different incarnations, each coming with grandiose claims that weren't supported by any reality. The amazing thing is that every time it made an announcement, the mainstream media rained down praise on the company, as if it were the savior of the music industry. For example, when it first launched, it was a near exact clone of an already widely failed business model: having people pay a dollar to trade their used CDs. Yet, the mainstream press treated the company like it was a great new concept -- despite the fact that a bunch of dot coms during the bubble had tried and failed to do that, and the company PeerFlix was already trying (and failing) to do the same thing in the DVD space. The press was so bought into the concept of Lala, that the NY Times even included the heavily venture funded, for-profit company in a story on companies that didn't want to profit (seriously). Then the company got lots of press by claiming it would donate 20% of its profits to a charity for musicians. But what about the claim that it didn't want any profits? If that were true, what profits did it plan to give away (and why only 20%)?

Either way, not much came of the CD swapping business, and last year, the company totally changed its business model, instead offering up free streaming music, insisting that it was ready to spend $140 million on those streams (despite the fact that, as far as we know, the company had only raised $9 million). The business model was apparently to lose money on every stream, and then get people to buy un-DRM'd music downloads instead. Except that, once again, the company was exaggerating. The non-DRM turned out to be a different kind of DRM, and as for that non-existent $140 million the company was ready to spend? Well, apparently it never showed up because the company shut down the service just a month later.

So, forgive us for being a bit skeptical whenever the company roles out a new announcement, and the press rushes to write about it. But, here we are, with Lala's latest business model being announced. At least, this time, much of the press coverage acknowledges Lala's ever-changing business and expresses some amount of skepticism.

On the whole, though, it's new idea sounds better than previous versions, at a first glance. The idea is to set up something of an online iTunes, with a few interesting features. For example, you can listen to any song in its catalog once for free. After that, you can "buy" it for only 10 cents. The problem is that you're only buying access to a stream of the song, rather than actually buying the song. So, the song itself goes in your online music player, and can then be accessed and played from any web browser. If you then want to buy an MP3 version, it costs another $0.79. On top of all that, apparently, you can download an app that will automatically add all of the music you currently have (whether legally or illegally obtained) to the online app. I tried to download the app and received an error, so I have no idea if it actually works. Update: Got the download to work and scanned my collection. It recognized significantly less than 50% of my music, though that may say more about my musical tastes than about Lala. Also, I specifically told it not to upload my music, and it is doing so anyway. That's not very comforting.

There are a few notable things here. First, getting a bunch of record labels (both majors and indies) to agree to a 10 cent price for anything is a first. Second, getting the industry to agree to a system for "unlocking" songs that people already had (even ones they downloaded through unauthorized means) is also quite a feat. In the past, the RIAA has fought vehemently against such systems, such as when it sued the original MP3.com. If the system works, I could see it as a useful way of syncing the music I already have to an online player -- and if it actually works well, it's possible that it could make sense to then purchase other tracks that way. But there are a lot of ifs involved in that process, and initially, many people might just try to use it as a backup/virtual iTunes, meaning they won't buy anything new from it, which would quickly drain Lala's remaining bank balance, without bringing in much revenue. A Business Week article notes that the company only has $3 million left in the bank, which isn't very much unless it can raise another round.

One other point. That Business Week article concludes by suggesting that Lala's success may come from the fact that it's just trying to sell music, noting that it's about time the focus was just on selling the music: "An approach that's all about selling music. Not iPods, and not ads. Just music." I can understand why someone might think that makes more sense, but it's unlikely to succeed. Because of the lack of marginal cost on music, there will always be a downward pricing pressure. Therefore, focusing just on selling music is a dangerous business model. For instance, even if all music is free, Apple's going to make good money selling its scarce iPods. But if more and more musicians decide to offer free music, then Lala may need to find yet another business model to stay in business. It sounds great to focus on "just selling music" but the economics suggests that doing so is a bad business proposition.

14 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
drm, streaming

Companies:
imeem, lala, riaa



Has The Recording Industry Given Up On DRM For Streaming Music?

from the would-be-good-if-true dept

We recently mentioned that a big supporter of DRM stopped by in the comments to insist that DRM was here to stay despite plenty of evidence of its gradual decline in the market. Well, now the EFF has pointed out more evidence of the death of DRM. It wasn't that long ago that the RIAA was pushing for laws that would require DRM on any streaming music offering (yes, streams, rather than downloads). Since many streaming services simply stream straight MP3s, it's possible to record them, or to simply copy them from their "hidden" places on your hard drive. Yet, the EFF has noticed that even the big services that have officially licensed music from the big labels are using plain MP3 streaming, which would suggest that even the RIAA isn't insisting that its partners use DRM on streams.

Of course, this raises a second important question. If these services are officially allowed to download MP3s to your desktop, is there anything illegal in then keeping the files? Most of these services work by effectively downloading the plain MP3 into a slightly hidden folder (it's not really hidden, they just don't make it clear where it is). Considering that it's a legal, RIAA-approved service downloading a plain old MP3 to your hard drive, it's difficult to see how they could claim copyright infringement if you were to keep that file, right? Of course, considering how much the RIAA is trying to charge these sites, they may not live all that long anyway.

20 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
movies, next generation, online video, standards, streaming, television, video

Companies:
amazon, apple, blockbuster, microsoft, netflix, sony



And You Thought The Next Generation Video Standards Battle Was Over?

from the we've-got-a-new-one-coming-on dept

If you thought the questions about what technology standard we'd be using to watch movies was settled when Blu-ray won the next generation DVD standards battle, then you're in for a bit of a surprise. In taking nearly half a decade to decide which standard would make it, the DVD camps left open plenty of opportunity for online competitors to start making their moves. The technology for delivering movies online has been rapidly improving. But, of course, what we didn't count on was that it would just create a huge new mess.

Earlier this week, there was all sorts of talk about Netflix streaming movies to the Xbox as part of Netflix's effort to get consumer electronics companies to build in support for Netflix streaming. As we warned when that announcement was made, it's a bad idea for Netflix to focus on a proprietary streaming solution, as it's only going to set up another standards battle. And, indeed, Blockbuster is working on its own such solution. Then, of course, everyone knows that Apple's in the market with the AppleTV. And don't forget Sony, which is selling a special (extra expensive) TV for downloading movies. And, of course, there are countless startups in the market as well.

Oh, and how could we forget Amazon? The company is now announcing its own proprietary online store for streaming movies and TV. This one piggybacks a bit on Sony's awful plan (meaning if you buy that super expensive internet-connected TV, you'll also be able to stream movies from Amazon).

But the end result is a total mess for the entire market, and that doesn't help anyone. All of the players should take a look at how badly the multi-year DVD standards battle hurt the industry. It makes people unwilling to buy certain hardware, as they don't want to be stuck with the "loser" a year from now. What's wrong with coming up with a single standard for streaming movies from any particular service to various TV-connected devices and computers? Then let the different providers compete on actual services provided? That would increase adoption, and let these companies do what they do best, rather than fighting a can't-win battle against too many other competitors.

26 Comments | Leave a Comment..

 

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