Why MVPDs, Studios Won’t Take Yes For An Answer on STBs

When Federal Communications Chairman Tom Wheeler unveiled his initial proposal to “unlock” the pay-TV set-top box back in January, pay-TV service providers and programmers howled in protest. Operators complained that the proposal, which called for multichannel video program distributors (MVPDs) to make their video feeds, channel listings, and subscriber entitlement data available to third-party device makers as discreet “information flows,” would require a major and expensive re-architecting of their systems. Programmers complained that making their content available directly to device makers with whom the programmers had no contractual arrangement amounted to a de facto compulsory copyright license, which the FCC had no authority to create or enforce.

FCC_buildingBoth threatened to sue.

The two arguments were, in fact, reinforcing. The current carriage agreements TV programmers and distributors have with pay-TV operators are premised in part on pay-TV systems operating in certain ways and not in other ways. Changing how those systems function could cause part of the premise of those licensing agreements to crumble. Read More »

The FCC Chairman’s Tactical Retreat On Set-Top Boxes (Updated)

After months of intensive lobbying by pay-TV providers and TV programmers, as well as mounting pressure from congress, FCC chairman Tom Wheeler has apparently backed off quite a bit from his original proposal to “unlock the [set-top] box” and is preparing to adopt the broad outlines the industry’s app-based counter-proposal. But that doesn’t mean the struggle for control of the set-top is over.

Federal Communications Commission (FCC) Chairman Tom Wheeler gestures at the FCC Net Neutrality hearingIn an ex parte filing with the commission this week, the National Cable & Telecommunications Association, along with DirecTV-parent AT&T, pushed back forcefully against elements of what appears to be Wheeler’s new plan to bring greater competition to the market for pay-TV-compatible set-top boxes, as mandated by congress more than a decade ago.

The new plan, as described in general terms in a series of ex parte filings in recent weeks, will apparently require multichannel video programming distributors (MVPDs) to develop apps that can run on third-party devices but that replicate all of the features of MVPDs’ own services, including making all the operator’s linear and on-demand content available on similar terms.  It will also require MVPDs to make their content searchable by third-party, universal-search applications. Read More »

A Measure of Success: Frank Ocean, Netflix and the Value of Data

Frank Ocean’s surprise release “Blonde” debuted at No. 1 this week on the Billboard Top 200 album chart, racking up sales of 275,000 units, despite its not being released as an album in any physical format.

frank-ocean-blonde-x750So what were those 275,000 units? Some 232,000 of them were paid digital album downloads, according to Nielsen Music. The other 43,000 consisted of “equivalent album units.”

Say what?

An “equivalent album unit” (shouldn’t that be “album-equivalent unit?) is a metric devised by Billboard in 2014 to accounting for streaming activity and individual track downloads for charting purposes. Ten individual track downloads from an album as measured by Nielsen, or 1,500 on-demand streams of individual album tracks as reported to Billboard by the major streaming services, are counted as an equivalent album unit. In the case of Blonde, individual track downloads were not available at the time of the albums initial release, but they accrued 65 million streams. Dividing that 65 million by 1,500 yields 43,000 equivalent units. QED. Read More »

The More Things They Change, The More Digital Platforms Become The Same

YouTube is working on a plan to be more like Facebook, Snapchat, and Twitter. According to a report by VentureBeat, the video platform has been developing a new feature internally called Backstage that will allow users to post photos, links, text posts and other non-video content alongside their videos. The new content will resemble a Facebook Timeline, presented as a feed scrolling in reverse-chronological order on the user’s channel home page, but also appearing in subscribers’ feeds and notifications.

Backstage, or whatever it ends up being called, is expected to be rolled out later this year on select YouTube accounts.

The move to make using YouTube more like using Facebook seems only fair at this point given that Facebook has lately become more like YouTube. The social network has, with considerable success, moved aggressively to turn itself into a major platform for hosting and sharing user-created videos — once the near exclusive facebook_videoterrain of YouTube.

Facebook has also lately taken steps to become more like Twitter, launching Facebook Live to rival Periscope, while Twitter has tried to become more like YouTube by making video a bigger part of its offering.

A similar convergence is underway in the music streaming area. Pandora is reportedly in the final stages of negotiations with the record companies to launch an on-demand tier to its service, which would make it more like Spotify and Apple Music. Spotify, meanwhile, is acting more YouTube and even Netflix, adding original video to its mix of content.

It’s getting to where you can’t tell the players apart without a scorecard.

More to the point, it’s getting harder for digital platforms and services to differentiate themselves from each other. Music streaming services, which already share substantially the same catalog of content and now increasingly share the same business model, are trying, through the increasing use of  individual artist exclusives. Others have sought to make human vs. machine curation a point of differentiation. Read More »

NBC, Rio, And the Long-Term Value of Televised Sports

NBC’s Olympic efforts in Rio are falling short of its previous best. Through the first 10 days of the games, the broadcaster’s prime time coverage has averaged 27.8 million viewers, according to Nielsen. That’s more than enough to trounce CBS, ABC, and Fox, but it’s down 17 percent from NBC’s coverage of the 2012 games in London, despite a more favorable time zone that allowed for high-profile events where American’s typically excel, like swimming, to be shown live in prime time.

usain_bolt_smileThe fall off among viewers 18-34 has been even steeper, down 25 percent from London.

NBC execs are quick to point out that the ratings for its prime time coverage on its broadcast channel don’t tell the whole story. NBC Universal is showcasing the games live across its entire suite of cable networks throughout the day, some of which have drawn strong ratings in their own right. The final of the men’s golf competition, shown live on NBCU’s Golf Channel on Sunday, delivered the second highest ratings for any 90 minutes of televised golf this year after the final round of the Masters, despite the absence of many high-profile players. Between noon ET when it started, and 3:10 p.m. when it ended, the competition earned the highest household rating (1.02, with 1.6 million viewers) since Tiger Woods and Phil Mickelson went head to head at Pebble Beach in 2012. Go figure.

NBC also points to record-breaking digital viewership of this year’s games. Through Aug. 14th, NBC had delivered 1.86 billion live-streaming minutes, besting the total from the last three Olympics combined by more than 25 percent. NBC is live-streaming all the events in Rio as well as simulcasting it’s prime time coverage. Read More »

Audio: RightsTech Summit Sessions

The inaugural RightsTech Summit was held in New York last week at the Japan Society, across the street from the United Nations. Sponsored by Concurrent Media and Digital Media Wire, the summit brought together over 100 industry leaders, entrepreneurs, copyright experts, and artists from across multiple media and entertainment sectors for a full day of panels and keynotes on topics ranging from blockchain-based rights registries, cryptocurrencies, enterprise-level rights manaRT Summit_Venuegement platforms, smart contracts and more.
We have complete audio on five of the seven panel discussions, as well as the two keynote Q&As.

On September 27th and 28th, Concurrent Media and DMW will host two mornings of RightsTech workshops in New York as part of the DMW New York Media Festival. We will also be announcing plans for the broader RightsTech initiative kicking off later this year. Read More »

Video: RightsTech Summit Keynote Conversation With Benji Rogers

RT Summit 3PledgeMusic CEO and founder of the DotBlockchainMusic project Benji Rogers was interviewed by Robert Levine, author of “Free Ride” and a former executive editor at Billboard, during a keynote conversation at the inaugural RightsTech Summit on July 26 in New York. Among the topics they discussed was the potential for blockchain technology to create an immutable but endlessly updatable ledger of “digital truth” regarding the ownership and priority of sound recordings and musical compositions.

Co-produced by Concurrent Media Strategies and Digital Media Wire, the RightsTech Summit brought together over 100 senior media and technology executives, thought-leaders, entrepreneurs, and artists from across multiple media and entertainment industries for a wide-ranging discussion of technology innovation around the registration, management and licensing of media rights on digital platforms. The next RightsTech event will be held in New York in September in conjunction with Digital Media Wire’s New York Media Festival.

Video of Benji Roger’s keynote is available here. We’ll have audio from several other sessions from last week’s Summit up shortly.

(Video courtesy of SlidesLive).

Verizon Completes It’s Web 1.0 Roll-up, But May Not Stop There

With its $4.8 billion acquisition of Yahoo this week, coming a year and two months after its $4.4 billion acquisition of AOL, Verizon now owns the two dominant players in the web ecosystem — circa 1999. But at least it got them cheap.

Yahoo once had a market cap of $125 billion; AOL’s reached $224 billion in the immediate wake of its January 2000 acquisition of Time Warner — roughly the same as Verizon’s market cap today. So, scooping up both for less  $10 billion could be considered a steal.

YAHOO_headquartersThe question is, why bother? Neither AOL nor Yahoo is exactly dominant in its market today. In Yahoo’s case, it isn’t even clear what that market is. Even in announcing the sale to employees, Yahoo CEO Marissa Mayer could barely articulate a coherent description of what it is Verizon was buying, let alone why.

At best, Verizon is getting, in AOL and Yahoo, a disconnected assortment of online media properties and a pair of online advertising businesses built around display, rather than search, social, or mobile — the dominant modes of digital advertising today. While Verizon’s distribution reach in mobile may be able to breathe some new life into some of those media assets it has a long, long way to go before it could seriously challenge Facebook and Google, the dominant players it today’s digital media distribution and advertising ecosystem, if that’s really its goal. Read More »

Fahrenheit 1201: DMCA Showdown at the Library of Congress

The Electronic Frontier Foundation on Thursday filed a lawsuit in U.S. District Court in Washington, DC, challenging Sections 1201, 1203, and 1204 of the Digital Millennium Copyright Act, known as the “anti-circumvention provisions,” on constitutional grounds.

That, in itself, is not particularly surprising. EFF served as pro bono counsel to Eric Corley in one of the first major cases to test Section 1201 in court and has been an outspoken critic of the law since it was enacted in 1998. What makes this week’s filing notable is its timing and EFF’s apparent strategy.

Library_of_Congress_(1)Section 1201 broadly prohibits the circumvention of DRM (“technical protection measures,” or TPMs in the language of the statute) used to protect access to copyrighted works (Section 1203 prohibits “trafficking” in anti-circumvention technologies and Section 1204 provides for criminal penalties for violating Section 1201). In its lawsuit, filed on behalf of a computer security researcher and a technology inventor and entrepreneur, EFF claims the three provisions violate the First Amendment because they prevent people from engaging in what would otherwise be protected speech under the fair use doctrine in copyright law — an argument raised many times before.

But the complaint also takes direct aim at the law’s triennial rulemaking procedures by which members of the public are allowed to apply to the Library of Congress for an exemption to the anti-circumvention rules for specific purposes. The complaint declares the rulemaking itself “an unconstitutional speech-licensing regime.” Read More »

When Live-Streaming the News, Who’s Working for Whom?

Last month, from the floor of the House of Representatives, Twitter’s Periscope app and Facebook Live cemented their place within the news media ecosystem. Exactly where that place is, however, is up for debate.

As discussed in a previous post here, House Speaker Paul Ryan (R-Wisc.) had ordered the cameras in the House chamber used to feed C-Span turned off, just as Democrats, frustrated over the majority’s legislative stonewalling, were staging a sit-in on the floor. Rather than simply going off us-senate-debates-defense-authorization-bill-video-c-span-org_758399the air, however, some Democratic members then whipped out their phones and started live-streaming their protest using Periscope and Facebook Live, in violation of House rules that prohibit the use of electronic devices on the floor. Here in Washington, the live-streams quickly became the talk of the town on social media.

Frustrated by its inability to cover breaking news on its own turf, C-Span broke with protocol and began re-broadcasting the Periscope and Facebook Live streams. That got the attention of other news organizations, especially the three big cable news networks, which also began picking up the members’ streams, turning what might have been a minor political skirmish into a major national story.

For Periscope and Facebook Live it was a breakthrough moment. Not only did the episode showcase their potential as tools for both news gathering and dissemination, the House members’ use of the apps, and especially C-Span’s decision to defy the Speaker by re-broadcasting the live streams, became part of the story itself, drawing huge national attention to the live-streaming apps just as Twitter and Facebook are each making a major push to become the dominant live-streaming platform. Read More »

X1 Marks the Spot for Comcast

Comcast and Netflix this week confirmed an agreement to incorporate Netflix’s streaming service into Comcast’s X1 video platform, signalling a dramatic shift in what has long been a contentious relationship between the companies.

“Comcast and Netflix have reached an agreement to incorporate Netflix into X1, providing seamless access to the great content offered by both companies,” the two said in a joint statement given to Recode.  “We have much work to do before the service will be available to consumers later this year. We’ll provide more details at that time.”

netflix_blockThat’s a far cry from a few years ago when Netflix CEO Reed Hastings was working overtime to turn Comcast into public enemy number one in the net neutrality fight and Comcast was imposing interconnection fees on Netflix for access to its last-mile network.

But the shift is more likely the result of a change in circumstances than a change of heart. Read More »

5 Questions With: Benji Rogers of PledgeMusic

Guest Post: This post originally appeared on Digital Media Wire

PledgeMusic is a direct-to-fan music platform that enhances the fan-artist dynamic from the creation of music to its experience in digital and live formats. The platform allows fans to play a part in the actual music making side of an artist’s work while the creators get a better, more intimate understanding of the people that support their careers. In short, PledgeMusic has created a digital environment that breaks from all traditional production-to-distribution channels in today’s hyperconnected world.

Benji-Rogers-Photo-Cropped-730x480A key feature of PledgeMusic allows artists to sell a project straight to their fans before it comes to fruition. In a campaign artists can take preorders for albums, for instance, or offer other products or experiences to their super fans as incentives for funding an idea. Another way PledgeMusic is revolutionizing the creation and distribution of music is through direct purchases and the implementation of blockchain.

Benji Rogers is the co-founder and chief strategy officer of PledgeMusic and the lead musician behind the band Marwood. A public speaker, investor, and musician from London and New York, Rogers was the recipient of the A&R Worldwide “Digital Executive of the Year” award, and in 2013 he was named to Billboard‘s 40 Under 40 Power Players list. Digital Media Wire had the chance to ask Benji some questions about PledgeMusic, the music industry, and the role of blockchain in this new model. Below is a recording of Benji’s responses along with a transcription. Read More »

Music In the Antitrust Crosshairs

File this one under “be careful what you wish for.” Two years ago, a group of major music publishers, along with ASCAP and BMI, which collect performance royalties on behalf of songwriters and publishers, asked the Department of Justice to consider changing how it enforces the antitrust consent decrees that have governed the two leading PROs, to allow publishers to withdraw digital rights to their repertoire from the PRO blanket licenses.

DOJ took it under advisement and this week gave its answer, according to a report by Billboard, and it was not at all what the publishers were hoping for.

elizabeth_warrenUnder the decrees, ASCAP and BMI are not allowed to pick and choose which songs in their catalogs to license. They must either grant a blanket license to the entire catalog or not at all. Thus, if a song is in their catalog for one use it’s in it for all uses.

The publishers raised the issue because they were unhappy with the royalty rate that internet radio services (cough — Pandora — cough) were paying under the compulsory performance license available to broadcasters, including internet broadcasters. Those rates are set by the rate courts that oversee the consent decrees and get collected by ASCAP and BMI. Having failed to persuade the courts to raise them, the publishers wanted to be able to withdraw digital rights to their songs in the PROs’ catalogs and negotiate directly with internet broadcasters.

This week, according to the Billboard report, DOJ said no. Read More »

Live From Capitol Hill: The Triumph and Tragedy of Twitter

Political movements have long relied on the media, particularly mass media like television, to amplify their messages. The methods of political protests — sit-ins, marches, demonstrations — are staged as much to draw the cameras as draw a crowd.

Over the past decade, social media has emerged as an important adjunct to the mass media for protesters and dissidents around the world, as well as a critical tool for organizing political movements and activity. But on Wednesday this week, on the floor of the House of Representatives, social media actually replaced the mass media.

c-span_periscopeAs House Democrats staged their unprecedented sit-in to protest Republicans’ refusal to allow votes on three gun-control bills, House Speaker Paul Ryan abruptly gavelled the session to a close and ordered the cameras used by C-Span to broadcast proceedings from the floor to be turned off, citing House rules.

Whether the cameras stay on or not is under the control of the House majority, so Ryan could have left them rolling. But he clearly wanted to deprive the Democrats’ protest of media oxygen and thought, presumably, that turning them off would produce a media blackout. What he got instead was a media firestorm. Read More »