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<title>Techdirt. Stories about &quot;dish&quot;</title>
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<image><title>Techdirt. Stories about &quot;dish&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Mon, 8 Apr 2013 13:52:41 PDT</pubDate>
<title>Hilarious And Ridiculous: Networks Threaten To Pull Channels Off The Air If Aereo &amp; Dish Win Lawsuits</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml</link>
<guid>http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml</guid>
<description><![CDATA[ The entertainment industry has a long, long history of claiming that if copyright law doesn't go their way, they'll all go out of business.  It's the adult version of "if you don't do it my way, I'm taking my ball and going home."  If court cases don't go their way, or if the law isn't changed, we've been told over and over and over again for the last century (and more frequently in the last two decades) that the industry will take its ball and go home, because they won't create under such awful circumstances (even if those circumstances really aren't particularly different than they've operated under for years).  The latest?  First, Fox's COO, Chase Carey, claims that if they lose the <a href="http://www.techdirt.com/blog/?company=aereo">Aereo case</a>, they might shut down Fox, the network TV channel, and <a href="http://allthingsd.com/20130408/news-corp-threatens-to-pull-fox-off-the-airwaves-if-aereo-wins/" target="_blank">move all its content to cable TV channels</a>.
<blockquote><i>
&#8220;If we can&#8217;t have our rights properly protected through legal and governmental solutions, we will pursue business solution. One solution would be to take the network and make it a subscription service. We&#8217;re not going to sit idly by and let people steal our content.&#8221;
</i></blockquote>
That came out about the same time as another quote from a TV exec, Garth Ancier, who has worked at Fox, NBC and WB, basically saying the same thing, arguing that an unnamed "two" of the four major networks <a href="http://www.forbes.com/sites/jeffbercovici/2013/04/08/holy-cow-two-of-the-big-four-tv-networks-are-considering-going-off-the-air/" target="_blank">are considering shutting down</a> if the Aereo case (and possibly the Dish <a href="http://www.techdirt.com/blog/?tag=auto+hopper">Auto Hopper</a> case) goes against them.
<blockquote><i>
&#8220;I know two that are talking about it,&#8221; he says, leaving open the possibility that the others might be as well. He declines to specify which, saying he&#8217;d heard it in a &#8220;talking over coffee&#8221; setting and didn&#8217;t want to betray a confidence....
<br /><br />
&#8220;To say it&#8217;s serious is probably an overstatement,&#8221; Ancier says. Rather, it&#8217;s a contingency plan the networks in question are keeping in their back pockets in case they can&#8217;t prevail over Aereo and Dish in court or find some other way to stave off the threat they represent.
</i></blockquote>
Let's be the first to call bullshit on this.  No networks are stupid enough to shut down over this, and if they are, good riddance.  Put that spectrum to better use.  First of all, network TV shows get a <i>lot</i> more viewers.  By a wide margin.  Yes, there's an occasional cable show (<i>Game of Thrones</i>) that sneaks in to the top ratings, but it's pretty rare.  The cable shows that get the most viewers are still viewed a lot less often than most network shows.  If you look at Nielsen's latest rankings for last week, the top 10 network shows all scored <a href="http://www.nielsen.com/us/en/top10s.html" target="_blank">higher ratings</a> than the top cable show (Walking Dead).  And by the time you're at the 4th most popular cable show, you're talking about a show that's getting just around <i>half</i> of the tenth most popular network show.
<br /><br />
No network with any business sense at all is going to give up that prime position for getting viewers, and shunt themselves off into the hinterlands of cable TV.  And, seriously, if they <i>do</i> want to cede that position, I'm sure there are plenty of smart folks willing to take over that position.  And, of course, nothing that Aereo or Dish Hopper is trying to do does anything to threaten the traditional business model of network TV in the first place: ads.  In fact, both serve to <i>increase</i> viewers.  The real issue is that the networks have gotten fat and happy off of the money they get from cable and satellite companies for carrying the networks, and they don't want that gravy train to go away.  So, an artificial situation came up that let them get lots of money, and now that it might go away (and reality is that it won't go away for a long long time) they're threatening to take their ball and go home?
<br /><br />
This is clearly bullshit whining from the networks hoping that lawmakers will protect their revenues from cable and satellite providers.  It has nothing to do with "stealing content" as Carey claims.  Policy makers would be well served to call the networks' bluff.  Let the cases play out and let's see (1) if the networks really give up their prime real estate and (2) if others don't rush in to make use of it.<br /><br /><a href="http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130408/12161722625/hilarious-ridiculous-networks-threaten-to-pull-channels-off-air-if-aereo-dish-win-lawsuits.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>call-their-bluff</slash:department>
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<pubDate>Tue, 26 Feb 2013 09:12:46 PST</pubDate>
<title>Why Does The Entertainment Industry Insist That It Can Veto Any Innovation It Doesn't Like?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20130224/22344422088/why-does-entertainment-industry-insist-that-it-can-veto-any-innovation-it-doesnt-like.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20130224/22344422088/why-does-entertainment-industry-insist-that-it-can-veto-any-innovation-it-doesnt-like.shtml</guid>
<description><![CDATA[ For years, we've seen that the entertainment industry honestly seems to think that it has the right to veto and kill off any new technology that doesn't fit into its own business model plans.  Of course, they've had some support in this from copyright maximalists, like former head of the Copyright Office, Ralph Oman, who recently declared that all new technologies that impact content should <a href="https://www.techdirt.com/blog/innovation/articles/20120927/00320920527/former-copyright-boss-new-technology-should-be-presumed-illegal-until-congress-says-otherwise.shtml">be presumed illegal</a> until Congress decides otherwise.  Can you imagine what sort of innovation we'd have in the consumer electronics space if we had to wait for Congress' approval for each new device?  Especially given the power to lobby against such approvals?
<br /><br />
I'm reminded of this thanks to News Corp. (via Fox) filing for a <a href="http://arstechnica.com/tech-policy/2013/02/fox-blasts-newest-dish-hopper-in-court-wants-it-off-the-market/" target="_blank">new injunction against Dish Networks</a> for the latest version of its DVR, the Dish Hopper with Sling.  Now, you may recall that Fox already tried to get an injunction against Dish's Hopper with Sling and <a href="http://www.techdirt.com/articles/20121113/02171921026/details-ruling-over-dishs-autohopper-show-fox-lost-nearly-all-important-issues.shtml">lost pretty badly</a> (even as it pretended that it had <a href="https://www.techdirt.com/articles/20121107/17021220966/judge-rejects-foxs-attempt-to-shut-down-dishs-autohop-feature-indicates-it-may-still-infringe.shtml">won</a>).  Fox is appealing that decision, but also filed a new request for an injunction against the updated device, claiming that the key new feature,  Hopper Transfers, goes beyond anything else and (once again), must be stopped.
<br /><br />
This is the same old story over and over again.  The last century plus of copyright law has been driven by the entertainment industry <a href="http://www.techdirt.com/blog/innovation/articles/20111108/17562016686/history-hyperbolic-overreaction-to-copyright-issues-entertainment-industry-technology.shtml">flipping out</a> time and time again over new innovations that they don't think should be allowed.  The 1909 Copyright Act was driven, in large part, by the introduction of the evil player piano, leading many to insist that this would kill the demand for live music and put musicians out of work.
<br /><br />
Around that time, there was also the invention of the gramophone, or, as John Philip Sousa called it, "that infernal machine."  He famously claimed, "these talking machines are going to ruin the artistic development of music in this country," and that "we will not have a vocal cord left," because evolution will deem them not necessary due to "talking machines."
<br /><br />
Then along came radio, and it too, was destined to <a href="http://www.techdirt.com/articles/20110925/18065916083/radio-is-killing-music.shtml">wipe out the industry</a>, with ASCAP demanding that any song that was to be played on the radio first needed to (a) get permission from the rights holder and (b) have the DJ state clearly before <i>each song</i> that it was being played "by special permission" from the rightsholder.  When people started mocking that phrase (and someone even wrote a song about it), ASCAP stated that the permission line had to be spoken by DJs with "no facetious trifling."
<br /><br />
Moving on, along came cable TV to add some competition to the TV market.  And what happened?  <a href="http://scholar.google.com/scholar_case?case=13012024816130931072&#038;hl=en&#038;as_sdt=2&#038;as_vis=1&#038;oi=scholarr" target="_blank">Lawsuits</a> of course.  "It would be difficult to imagine a more flagrant violation of the Copyright Act," we were told.
<br /><br />
And you may have heard what happened when the original VCR was invented.  Why the MPAA's Jack Valenti had a <a href="http://cryptome.org/hrcw-hear.htm" target="_blank">thing or two</a> to say about that:
<blockquote><i>
I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.
</i></blockquote>
Cassette recorder?  "Home taping is killing music."
<br /><br />
DVR? Must be illegal.  According to the head of Turner Broadcasting: "People who watch TV without commercials are stealing from the entertainment producers."
<br /><br />
How about the first real MP3 player, the Diamond Rio?  Lawsuit filed in which it was stated that allowing the device, "will injure not only the record companies and artists whose work will be pirated, but also the music publishers, musicians, background singers, songwriters and others whose existence is dependent on revenue earned by record sales."
<br /><br />
YouTube?  Viacom's lawsuit is still ongoing, but Viacom insisted that, if allowed, YouTube would "severely impair, if not completely destroy, the value of many copyrighted creations."
<br /><br />
And lets not even get into all of the technologies that the entertainment industry has been shutting down over the past few years.  Zediva?  Dead.  ivi? Gone.   Aereo?  Still here, but fighting.  Veoh?  Dead (even though it won its lawsuit).  MP3Tunes?  Bankrupt due to lawsuit (even though it won too).  There are many more as well.
<br /><br />
See a pattern yet?  This pattern repeats over and over and over and over again.  The entertainment industry, aided by the Copyright Office, seems to think that there's some sort of role it has to play in giving the yay or nay vote to any new technological innovation that concerns content consumption.  And, of course, the vote is <i>always</i> "nay."  In the long run, that always turns out to be the wrong vote.  So why do we constantly allow the entertainment industry to get away with this nonsense?  This filing from Fox is merely the latest in a very long line of these kinds of actions, and it should be immensely troubling to those who recognize that the best way for the entertainment industry itself to thrive in the modern world is to embrace these new services, which <i>increase value</i> to consumers and make them <i>more interested</i> in watching/listening to the content being produced.
<br /><br />
You would think that, after a century of these examples, those in the entertainment industry might finally realize that looking for the opportunities in these innovations is a more productive strategy than trying to kill every new technology.  Apparently, however, the industry is still run by people who have no sense of history, other than the history of always ratcheting up copyright enforcement.<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20130224/22344422088/why-does-entertainment-industry-insist-that-it-can-veto-any-innovation-it-doesnt-like.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20130224/22344422088/why-does-entertainment-industry-insist-that-it-can-veto-any-innovation-it-doesnt-like.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20130224/22344422088/why-does-entertainment-industry-insist-that-it-can-veto-any-innovation-it-doesnt-like.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>over-and-over-and-over-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130224/22344422088</wfw:commentRss>
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<pubDate>Fri, 1 Feb 2013 14:29:55 PST</pubDate>
<title>CNET Reports On Losing CES 'Best In Show' Powers, But Hides Byline</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130131/16441921845/cnet-reports-losing-ces-best-show-powers-hides-byline.shtml</link>
<guid>http://www.techdirt.com/articles/20130131/16441921845/cnet-reports-losing-ces-best-show-powers-hides-byline.shtml</guid>
<description><![CDATA[ So we just wrote about how CEA had <a href="http://www.techdirt.com/articles/20130131/11105221840/cea-takes-away-cnets-role-picking-ces-best-show-awards-dish-hopper-best-show.shtml">taken away</a> CNET's ability to name the "best of show" product at CES (then re-named the Dish Hopper with Sling as the Best in Show as CNET staff had originally intended).  Somewhat surprisingly, given the publications' reluctance to say too much about all of this so far, CNET, itself, <a href="http://news.cnet.com/8301-1023_3-57566906-93/cea-gives-dish-hopper-with-sling-best-of-show-award/" target="_blank">reported the story</a>, talking about itself in an almost creepily bland manner, and never even noting the oddity that it is reporting on itself.  However, one tidbit stands out:
<center>
<a href="http://imgur.com/BnI7iVV"><img src="http://i.imgur.com/BnI7iVV.png" width=450/></a>
</center>
See that byline?  It just says "CNET News staff" rather than naming whoever wrote it.  I cannot recall ever seeing that before on CNET.  At the very least, it raises some questions.  Is this a form of a "byline strike" that some journalists have used to protest management practices at other publications?  Is it CNET cowardice in reporting on stories that reflect poorly on CNET?  Is it a random cry for help among CNET reporters, blinking furiously as a signal to the outside world, while trapped inside their CBS-imposed-editorially-compromised prisons, letting us know they're alive and want out?  I'm betting on that last one.<br /><br /><a href="http://www.techdirt.com/articles/20130131/16441921845/cnet-reports-losing-ces-best-show-powers-hides-byline.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130131/16441921845/cnet-reports-losing-ces-best-show-powers-hides-byline.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130131/16441921845/cnet-reports-losing-ces-best-show-powers-hides-byline.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wtf-is-going-on?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130131/16441921845</wfw:commentRss>
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<pubDate>Thu, 31 Jan 2013 13:55:00 PST</pubDate>
<title>CEA Takes Away CNET's Role In Picking CES Best In Show; Awards Dish Hopper 'Best In Show'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130131/11105221840/cea-takes-away-cnets-role-picking-ces-best-show-awards-dish-hopper-best-show.shtml</link>
<guid>http://www.techdirt.com/articles/20130131/11105221840/cea-takes-away-cnets-role-picking-ces-best-show-awards-dish-hopper-best-show.shtml</guid>
<description><![CDATA[ The saga of CBS's <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml">braindead</a> decision to interfere with CNET editorial and order reporters to take Dish's Hopper DVR out of the running for "best in show" (after they'd already given it the award) continues to have fallout.  Beyond having one of its top reporters <a href="http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml">resign</a> in protest, while having <a href="http://www.techdirt.com/articles/20130125/08230821788/cnet-you-cant-trust-our-reviews-you-can-trust-our-news-honestly.shtml">morale falling</a> and, of course, handing Dish a perfect <a href="http://www.techdirt.com/articles/20130121/16123721746/dish-turns-cbs-actions-against-it-touts-its-revoked-best-show-status-with-damning-footnote.shtml">marketing</a> opportunity, now it has pissed off the Consumer Electronics Association as well.
<br /><br />
You see, CNET's "Best in Show" award wasn't just for CNET itself, but for the official CES show.  Part of CNET's deal with CEA was that its picks for "Best of CES" were the <i>official</i> awards for CES.  Until now.  CEA boss Gary Shapiro first <a href="http://www.usatoday.com/story/opinion/2013/01/30/cbs-cnet-ces-hopper-sling/1877291/" target="_blank">slammed CBS</a> in an editorial, and then CEA followed that up by <a href="http://www.theverge.com/2013/1/31/3937476/cnet-loses-ces-awards-following-dish-hopper-controversy-dvr-named" target="_blank">officially ending CNET's position as the official picker of the "Best in Show" for CES</a>.  In trying to save face, someone from CBS told The Verge (in the link above) that it "had already determined it would not attempt to partner with CES for the awards again."  Yeah, sure.
<br /><br />
Oh yeah.  CES also has now <a href="http://www.cesweb.org/News/CES-Press-Releases/CES-Press-Release.aspx?NodeID=f6a52fe4-1e93-4108-a2de-6dfe11ede40a" target="_blank">officially named the Dish Hopper with Sling as "Best of Show"</a> saying it's now the "co-winner" with the Razer Edge gaming tablet that CNET chose after CBS suits stepped in and decimated their editorial independence.<br /><br /><a href="http://www.techdirt.com/articles/20130131/11105221840/cea-takes-away-cnets-role-picking-ces-best-show-awards-dish-hopper-best-show.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130131/11105221840/cea-takes-away-cnets-role-picking-ces-best-show-awards-dish-hopper-best-show.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130131/11105221840/cea-takes-away-cnets-role-picking-ces-best-show-awards-dish-hopper-best-show.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ouch</slash:department>
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<pubDate>Fri, 25 Jan 2013 13:26:00 PST</pubDate>
<title>CNET: You Can't Trust Our Reviews, But You Can Trust Our News! Honestly!</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130125/08230821788/cnet-you-cant-trust-our-reviews-you-can-trust-our-news-honestly.shtml</link>
<guid>http://www.techdirt.com/articles/20130125/08230821788/cnet-you-cant-trust-our-reviews-you-can-trust-our-news-honestly.shtml</guid>
<description><![CDATA[ The fallout from CBS's ridiculously short-sighted <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml">interference</a> with CNET's editorial process, concerning staffers awarding Dish's new DVR "best of show" at CES, continues to cause problems.  Whle one of CNET's best reporters <a href="http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml">quit</a> in protest, and Dish has turned the whole thing into a <a href="http://www.techdirt.com/articles/20130121/16123721746/dish-turns-cbs-actions-against-it-touts-its-revoked-best-show-status-with-damning-footnote.shtml">marketing opportunity</a>, now any news article about any company that CBS is in a legal fight with has become suspect.
<br /><br />
Note this recent article about <a href="http://news.cnet.com/8301-1023_3-57565762-93/updated-aereo-app-adds-improved-live-tv-streaming-to-roku/" target="_blank">the updated Aereo app</a>.  While it kicks off by saying that Aereo "just became a much more potent alternative to traditional cable TV" stuck right smack in the middle of the article is a big "disclosure":
<blockquote><i>
<b>Disclosure:</b> CBS, the parent corporation of CNET, is currently in active litigation with Aereo as to the legality of its service. As a result of that conflict of interest, CNET cannot review that service going forward.
</i></blockquote>
In other words, "HEY EVERY BODY, YOU CAN'T TRUST US TO REPORT FAIRLY ON THIS BECAUSE OUR CORPORATE OVERLORDS INTERFERE WITH EDITORIAL!"  The whole thing is a joke.  As Rob Pegoraro correctly noted, CNET's claims that "news" reporting won't be impacted because these bans just apply to "reviews" is simply <a href="http://www.project-disco.org/competition/011513-cbs-cnet-and-how-to-kill-tech-journalism-through-big-media-denial/" target="_blank">wrong, wrong, wrong</a>.
<blockquote><i>
<p> To say that there&#8217;s &#8220;actual news&#8221; and then reviews devoid of news value shows a basic misunderstanding of how journalism works.</p>
<p>Hard-news stories (<a href="http://searchengineland.com/regulating-the-new-york-times-46521" target="_blank">like search-engine results!</a>) are never entirely objective; people made value judgments in assigning them, choosing sources to quote, and giving those pieces their spot on the page or in the paper. Reviews are never entirely subjective and ought to cite objective defects such as slow performance, poor battery life, privacy risks or missing features.</p>
<p>And in the evolving and sometimes fumbling tech industry, assessing the hardware, software and services it serves up is an especially important part of the work of journalism. We need to suffer through these products ourselves&#8211;unless you&#8217;d prefer that we waited to see you find their problems, then reported the controversy.</p>
<p>Readers, in turn, don&#8217;t view news and reviews as distinct entities. If they start seeing one part of a site&#8217;s work subject to a corporate overlord&#8217;s remote control, they will read everything there skeptically. If they stick around at all.</p>
</i></blockquote>
Indeed.  All that disclaimer does is remind people that CNET's coverage of any such topic is not to be trusted at all.
<br /><br />
<b>Update</b>: And... things are apparently going downhill.  According to reports and internal notes, reporters at CNET <a href="http://jimromenesko.com/2013/01/25/at-cnet-morale-is-plummeting-and-people-are-pissed-off/" target="_blank">are pissed off and morale is falling</a>.  There was a meeting where some believed CBS was going to go back on its position, but the company did not.  Reporters have been pushing back, but to no avail.  The Romenesko link here includes an email from CNET reporter Declan McCullagh ticking off example after example of publications associated with other companies suing Aereo giving perfectly normal reviews of the product:
<blockquote><i>
<p>The Wall Street Journal&#8217;s Katie Boehret (who reviews products along with Walt Mossberg, as I&#8217;m sure you know) <a href="http://online.wsj.com/article/SB10001424052702303612804577533070691481182.html">reviewed Aereo</a> three months after the litigation began. Boehret concluded: &#8220;It has a thoughtful, clean user interface that works well on the iPad, where I tested it most.. If you&#8217;re a fan of TV and want a better way to watch it on the go, Aereo is a pleasure.&#8221;  The WSJ is owned by News Corp., which is in active litigation with Aereo.</p>
<p>ABCNews.com published a review of Aereo this month. It said: &#8220;I&#8217;ve been trying out Aereo since September to record and watch all sorts of programs on Aereo &#8212; both highbrow shows such as &#8216;Downton Abbey&#8217; and guilty-pleasure ones such as &#8216;Revenge&#8230;&#8217; It makes cutting cable service tempting.&#8221; ABC News is owned by Walt Disney, which is in active litigation with Aereo.</p>
<p>The Chicago Tribune published a syndicated review of streaming services including Aereo, which said &#8220;the most exciting development might be a scrappy start-up called Aereo that lets you watch TV on any Web-connected device with a screen via a network of miniaturized antennas.&#8221; The newspaper is owned by the Tribune Company, which is in active litigation with Aereo.</p>
<p>It&#8217;s true that CBS has the right to set the editorial policies that CNET journalists must abide by. And it&#8217;s also true that this policy is prominently disclosed to our readers. But I&#8217;m not aware of other media companies that have enacted a similar policy.</p>
</i></blockquote>
This has the makings of quite the business school and journalism school case study...<br /><br /><a href="http://www.techdirt.com/articles/20130125/08230821788/cnet-you-cant-trust-our-reviews-you-can-trust-our-news-honestly.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130125/08230821788/cnet-you-cant-trust-our-reviews-you-can-trust-our-news-honestly.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130125/08230821788/cnet-you-cant-trust-our-reviews-you-can-trust-our-news-honestly.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>uh,-yeah</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130125/08230821788</wfw:commentRss>
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<item>
<pubDate>Wed, 23 Jan 2013 16:29:27 PST</pubDate>
<title>Dish Turns CBS' Actions Against It; Touts Its Revoked 'Best In Show' Status With A Damning Footnote</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130121/16123721746/dish-turns-cbs-actions-against-it-touts-its-revoked-best-show-status-with-damning-footnote.shtml</link>
<guid>http://www.techdirt.com/articles/20130121/16123721746/dish-turns-cbs-actions-against-it-touts-its-revoked-best-show-status-with-damning-footnote.shtml</guid>
<description><![CDATA[ Dish Network&#39;s Hopper DVR has certainly made more than a few broadcasters uncomfortable. One of them, CBS, decided last week that it would rather drag its own brand <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml" target="_blank">through the mud</a> (CNET) and <a href="http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml" target="_blank">lose a reporter</a> than give its current lawsuit target a bit of favorable press. CNET named the Hopper "Best in Show" at CES, only to have CBS unceremoniously strip Dish&#39;s DVR of the title, a decision CBS likely now regrets.<br />
<br />
The Consumerist reports that <a href="http://consumerist.com/2013/01/18/dish-gives-itself-the-award-that-cbs-stopped-cnet-from-giving/" target="_blank">Dish is taking a well-deserved swing at CBS, this time on its own website</a> where its touts the Hopper being named Best in Show, along with a very noticeable asterisk.
<center>
<img alt="" src="http://i.imgur.com/2o6spBE.png" style="width: 500px; height: 255px;" /></center>
<p>
The wording after the asterisk reads:
<blockquote>
<i>*What&rsquo;s an asterisk doing in our award? CBS will go to any lengths to keep you from enjoying ad-skipping technology &ndash; even censoring its own writers and throwing out their decision to name Hopper &lsquo;Best In Show.&rsquo; Your vote is the only one that really matters. </i></blockquote>
Dish is also doing its part to keep print journalism alive, <a href="http://instagram.com/p/Ut8q-RuoKa/" target="_blank">taking out full page ads in several newspapers</a>.<br />
&nbsp;<center><a href="http://instagram.com/p/Ut8q-RuoKa/" target="_blank"><img alt="" src="http://i.imgur.com/KnGethq.png" style="width: 500px; height: 461px;" /></a></center><br />
So, what did CBS gain from freezing its legal foe out of an award? Absolutely nothing.
<blockquote>
<i>The broadcaster was reportedly worried that having one of its subsidiaries give an award to a Hopper DVR would possibly hurt its case in court. However, now that it&rsquo;s been revealed that the device did indeed win the award &mdash; even if will never receive the actual accolade &mdash; it has only turned into a public relations boost to Dish and the Hopper. </i></blockquote>
If people weren&#39;t already aware of the product, they certainly are now. And for many of those, technology that time-shifts AND skips ads is right up their alley. In addition, more people are publicly aware of the legal battle, which seems to boil down to the networks&#39; insistence that customers watch every ad. Bad news all around, and CBS needs look no further than the still-smoking gun in its hand to explain all the brand-new holes in its foot.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130121/16123721746/dish-turns-cbs-actions-against-it-touts-its-revoked-best-show-status-with-damning-footnote.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130121/16123721746/dish-turns-cbs-actions-against-it-touts-its-revoked-best-show-status-with-damning-footnote.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130121/16123721746/dish-turns-cbs-actions-against-it-touts-its-revoked-best-show-status-with-damning-footnote.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>CBS-asks-for-more-bullets;-notes-other-foot-'only-lightly-damaged'</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130121/16123721746</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 15 Jan 2013 14:33:44 PST</pubDate>
<title>CNET Finally Reports On Its Own Fight With CBS Over Dish CES Award</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130115/06042421687/cnet-finally-reports-its-own-fight-with-cbs-over-dish-ces-award.shtml</link>
<guid>http://www.techdirt.com/articles/20130115/06042421687/cnet-finally-reports-its-own-fight-with-cbs-over-dish-ces-award.shtml</guid>
<description><![CDATA[ Realizing that the longer it did nothing, the worse it looked, CNET itself has finally <a href="http://news.cnet.com/8301-30677_3-57563877-244/the-2013-best-of-ces-awards-cnets-story/" target="_blank">reported on the events</a> that transpired last week when corporate boss CBS stepped into the middle of their editorial process and sought to deny CNET the ability to choose the product they thought was the best of CES, the Dish DVR with Hopper and Sling.
<blockquote><i>
After the vote, we communicated the winners, as we always do, through normal channels. CNET immediately got down to the business of preparing for a massive stage show the following morning and preparing a press release.
<br /><br />
Later that evening, we were alerted to the legal conflict for CBS. All night and through to morning, my managers up and down CNET and I fought for two things: To honor the original vote and -- when it became clear that CBS Corporate did not accept that answer -- to issue a transparent statement regarding the original vote.
<br /><br />
Ultimately, we were told that we must use the official statement and that we must follow corporate policy to defer all press requests to corporate communications. 
</i></blockquote>
Of course, this is only coming out well after tons of other sources had reported on this -- and upstart competitor the Verge had already <a href="http://www.theverge.com/2013/1/14/3877262/cbs-censors-cnet-over-dish-hopper-award-the-full-story" target="_blank">broken the story</a> about how CBS didn't just tell CNET not to vote on the Dish device, but made them rescind the award that had already been chosen.
<br /><br />
The CNET post, by reviews Editor in Chief Lindsey Turrentine, suggests that most of the staff had no idea that CBS was in litigation with Dish and they were just doing what they were supposed to do.  She also pushes back against the idea that she should resign:
<blockquote><i>
We were in an impossible situation as journalists. The conflict of interest was real -- a legal case can impact the bottom line of our company and introduce the possibility of bias -- but the circumstances demanded more transparency and not hurried policy.
<br /><br />
I could have quit right then. Maybe I should have. I decided that the best thing for my team was to get through the day as best we could and to fight the fight from the other side. Every single member of the CNET Reviews team is a dedicated, ethical, passionate technology critic. If I abandoned them now, I would be abandoning the ship. 
</i></blockquote>
The thing is, if she had quit, I would bet that many on her team would not have seen it as being abandoned, but actually as <i>real leadership</i> of someone supporting their editorial independence.
<br /><br />
She then goes on to insist that she'll fight to make sure this doesn't happen again -- but that seems difficult to believe since earlier in the existing story it suggests that she and others gave up the fight when CBS told them what they had to do:
<blockquote><i>
If I had to face this dilemma again, I would not quit. I stand by my team and the years of work they have put into making CNET what it is. But I wish I could have overridden the decision not to reveal that Dish had won the vote in the trailer. For that I apologize to my staff and to CNET readers.
<br /><br />
The one thing I want to clearly communicate to my team and to everyone at CNET and beyond is this: CNET does excellent work. Its family of writers is unbiased, focused, bright, and true. CNET will continue to do excellent good work. Of that I am certain. Going forward, I will do everything within my power to prevent this situation from happening again.
</i></blockquote>
Of course, the decision to quit is one that every individual has to make themselves.  But completely taking it out of the realm of possibility gives CBS the easy power to do this again and again and again.  She's signalling to CBS that it can continue to walk over CNET's editorial independence, and while the editor-in-chief may protest loudly, in the end, she won't leave.  That's only going to add to the cloud over CNET's reviews going forward.<br /><br /><a href="http://www.techdirt.com/articles/20130115/06042421687/cnet-finally-reports-its-own-fight-with-cbs-over-dish-ces-award.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130115/06042421687/cnet-finally-reports-its-own-fight-with-cbs-over-dish-ces-award.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130115/06042421687/cnet-finally-reports-its-own-fight-with-cbs-over-dish-ces-award.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-bit-slow-out-the-gate</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130115/06042421687</wfw:commentRss>
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<item>
<pubDate>Tue, 15 Jan 2013 06:46:44 PST</pubDate>
<title>CBS's Censorship Of CNET May Undermine A Different CBS Lawsuit</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130114/19332021673/cbss-censorship-cnet-may-undermine-different-cbs-lawsuit.shtml</link>
<guid>http://www.techdirt.com/articles/20130114/19332021673/cbss-censorship-cnet-may-undermine-different-cbs-lawsuit.shtml</guid>
<description><![CDATA[ Last week, after the news came out that CBS had censored its subsidiary CNET, barring reporters there from reviewing Dish products (or any product of any company in litigation with CBS) or from awarding them the "best of CES" award that CNET reporters had already voted on, we wrote a post pointing out how this was <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml">dumb</a> for a variety of reasons, mainly focused on the harm it did to CNET's credibility.  Indeed, as noted, one of CNET's star reporters, Greg Sandoval, has <a href="http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml">already resigned</a>.  However, it turns out that it may have been even <b>more</b> stupid than originally suspected.  In fact, it may undermine another important lawsuit filed by CBS.
<br /><br />
We've written in the past a few times about Alki David's <a href="http://www.techdirt.com/articles/20110504/12543914144/silly-lawsuit-filed-against-cbs-because-subsidiary-cnet-offered-limewire-download.shtml">crusade against CBS</a>, in which he sued the company, pushing a conspiracy theory about how CBS only went after his company FilmOn (the name of which was later changed, for pure publicity reasons, to AereoKiller) because it wanted to be the only one to profit from infringement.  The argument was that because CNET was owned by CBS, and because CNET site Download.com had offered up software like Limewire, combined with CNET reviewers reviewing Limewire, it meant that CBS itself was guilty of infringement.
<br /><br />
This was a silly legal theory, built more out of spite to annoy CBS.  Unfortunately, since it was first brought up, we've seen many people passing it along (especially one particular YouTube video that calls out this "conspiracy theory" as fact, without any basis).  However, knowing how <i>independent</i> CNET was from CBS, it always seemed like a particularly silly accusation, and the first version of the lawsuit <a href="http://www.techdirt.com/articles/20110706/13114714988/silly-promotional-stunt-lawsuit-against-cbs-profiting-piracy-dropped.shtml">didn't go very far</a>, though a refiled version has <a href="http://www.techdirt.com/articles/20121113/02590921027/musicians-weave-elaborate-cnet-conspiracy-theory-attempt-to-get-bittorrent-banned.shtml">done slightly better</a>.
<br /><br />
However, now that CBS has decided to rush headlong through that wall of editorial independence <a href="http://www.hollywoodreporter.com/thr-esq/cbs-dish-is-editorial-independence-411310" target="_blank">it may have totally undermined its own case</a>.  That's because, in responding to the case, CBS, in part, made the argument that a finding against it might chill free speech by encroaching on the editorial independence of CNET.
<br /><br />
Except... in making this latest move, CBS is now making the argument that it has no problem butting in on CNET's editorial independence (or any CBS Interactive property), which may take away a key argument it has against secondary liability for any articles about infringement.  Knowing the way Alki David has acted in the past, I'd be surprised if he didn't rush to use this in the ongoing case.<br /><br /><a href="http://www.techdirt.com/articles/20130114/19332021673/cbss-censorship-cnet-may-undermine-different-cbs-lawsuit.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130114/19332021673/cbss-censorship-cnet-may-undermine-different-cbs-lawsuit.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130114/19332021673/cbss-censorship-cnet-may-undermine-different-cbs-lawsuit.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>didn't-think-about-that,-now-did-you?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130114/19332021673</wfw:commentRss>
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<item>
<pubDate>Mon, 14 Jan 2013 10:36:46 PST</pubDate>
<title>CNET Reporter Resigns Over CBS Interference In Dish CES Award</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml</link>
<guid>http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml</guid>
<description><![CDATA[ Last week, in writing about CBS's unquestionably stupid decision to interfere with subsidiary CNET when it covered <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml">Dish's</a> new DVR device, all because CBS is involved in litigation against Dish over a similar device, I came very close to calling out reporter Greg Sandoval by name.  Sandoval is an excellent reporter for CNET who has covered the Dish case in particular, along with numerous other copyright issues.  I don't always agree with him, but I think he's a tough and fair reporter, and it seemed like CBS's decision would put his objective reporting in doubt.  Minutes before posting the article, I pulled the sentence that included Sandoval's name, because I thought it was, perhaps, unfair to put him on the spot like that, and that each employee of CNET had to make a personal decision on how to handle the situation.
<br /><br />
Now it appears that Sandoval has made his decision, <a href="https://twitter.com/sandoCNET/status/290856937472528384" target="_blank">announcing that he's resigned from CNET due to this situation</a>:
<center>
<blockquote class="twitter-tweet"><p>Hello all. Sad to report that I've resigned from CNET. I no longer have confidence that CBS is committed to editorial independence.</p>&mdash; Greg Sandoval (@sandoCNET) <a href="https://twitter.com/sandoCNET/status/290856937472528384" data-datetime="2013-01-14T16:24:32+00:00">January 14, 2013</a></blockquote>
</center>
As he notes, he no longer has confidence that CBS is committed to editorial independence.  In later tweets, he notes that CBS never interfered with his own reporting, but that the situation was unacceptable and would lead others to call into question his own independence -- especially considering that Sandoval reported on the Dish case and other similar cases.
<center>
<blockquote class="twitter-tweet"><p>CNET wasn't honest about what occurred regarding Dish is unacceptable to me. We are supposed to be truth tellers.</p>&mdash; Greg Sandoval (@sandoCNET) <a href="https://twitter.com/sandoCNET/status/290857669437308928" data-datetime="2013-01-14T16:27:26+00:00">January 14, 2013</a></blockquote>
</center>
This all comes out after further information on the story reveals that CBS didn't just bar CNET staff from considering the new Dish device for the "Best of CES" award, but actually <a href="http://www.theverge.com/2013/1/14/3874682/exclusive-cbs-forced-cnet-editors-to-recast-vote-after-hopper-win" target="_blank">forced staffers to re-vote after the device had <b>already won</b> the award</a>:
<blockquote><i>
The Verge has now learned that the facts of the case are somewhat different than the story CNET and CBS had previously shared with the public. According to sources familiar with the matter, the Hopper was not simply an entrant in the Best of CES awards for the site: it was actually chosen as the winner of the "Best of Show" award (as voted by CNET's editorial staff).
<br /><br />
Apparently, executives at CBS learned that the Hopper would win "Best of Show" prior to the announcement. Before the winner was unveiled, CBS Interactive News senior-vice president and General Manager Mark Larkin informed CNET's staff that the Hopper could not take the top award. The Hopper would have to be removed from consideration, and the editorial team had to re-vote and pick a new winner from the remaining choices. Sources say that Larkin was distraught while delivering the news &#8212; at one point in tears &#8212; as he told the team that he had fought CBS executives who had made the decision.
<br /><br />
Apparently the move to strike the Hopper from the awards was passed down directly to Larkin from the office of CBS CEO, Leslie Moonves. Moonves has been one of the most outspoken opponents of the Hopper, telling investors at one point, "Hopper cannot exist... if Hopper exists, we will not be in business with (Dish)."
</i></blockquote>
The Verge report also notes that CNET/CBS Interactive folks fought hard against the decision from the top folks at CBS, but in the end were told they had no choice.  While it's not too surprising that folks from the old gatekeeper system, like Moonves, would be so clueless as to think that such a move would not massively backfire, it's still stunning to see that he never appeared to think through the consequences.
<br /><br />
Kudos to Sandoval for standing up for his principles. As a top reporter in the space, I have no doubt he'll land on his feet -- hopefully at a publication with more credibility.  Let's see if other CNET reporters follow suit.<br /><br /><a href="http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130114/10270121658/cnet-reporter-resigns-over-cbs-interference-dish-ces-award.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>editorial-independence</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130114/10270121658</wfw:commentRss>
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<item>
<pubDate>Fri, 11 Jan 2013 05:44:14 PST</pubDate>
<title>Just How Dumb Is It For CBS To Block CNET From Giving Dish An Award?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml</link>
<guid>http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml</guid>
<description><![CDATA[ As you may or may not recall, last year, pretty much all the TV networks <a href="http://www.techdirt.com/articles/20120525/04185919074/tv-networks-file-legal-claims-saying-skipping-commercials-is-copyright-infringement.shtml">sued Dish Networks</a> over a new feature it had launched, PrimeTime Any Time (PTAT), with its Autohopper technology on its DVRs.  PTAT is where it would automatically record all the major networks' prime time programming and hold onto it for a bit.  Autohopper would then automatically skip over the commercials.  It's important to recognize that these features, on their own, have been considered legal.  VCRs had auto commercial skip ages ago and DVR technology (time shifting) has been called fair use plenty of times.  Given that, the lawsuits <a href="http://www.techdirt.com/articles/20121113/02171921026/details-ruling-over-dishs-autohopper-show-fox-lost-nearly-all-important-issues.shtml">aren't going well</a> so far.
<br /><br />
But, in a moment of pure stupidity, some very short-sighted suits at CBS made a really silly decision.  As you may or may not have heard, CES -- the massive consumer electronics show -- has been going on all this week in Las Vegas.  I just got back from there myself.  At the show, Dish announced another merging of some of its products, adding its Slingbox (who they bought years back) to the same basic setup.  Slingbox, of course, is for "place shifting" what the DVR is for "time shifting."  You hook it up to your TV and it lets you access what's playing on your TV via the internet (so, via your computer, phone or tablet).  It's hardly surprising that this is where Dish was heading.
<br /><br />
And... the early reviews and buzz were definitely strong.  For example, CNET wrote a <a href="http://reviews.cnet.com/digital-video-recorders-dvrs/dish-hopper-with-sling/4505-6474_7-35566943.html" target="_blank">glowing review</a> in which executive editor David Carnoy suggested it may be the best DVR out there these days.  The CNET crew liked the thing so much that they <a href="https://twitter.com/CNET/statuses/289090800011313152" target="_blank">nominated it for their "Best of CES" award.
<center>
<a href="http://imgur.com/YBeo6"><img src="http://i.imgur.com/YBeo6.png" width=560 /></a>
</center>
And... then the suits at CNET parent company CBS noticed.  And suddenly they told CNET that it </a><a href="http://go.bloomberg.com/tech-blog/2013-01-10-cbs-to-dish-no-ces-award-for-you/" target="_blank">had to remove the Dish Hopper with Sling from consideration</a> for the Best of CES award <i>and</i> that it was no longer allowed to review any Dish products.  CNET editors appended the following note to their review:
<blockquote><i>
Editors' note: The Dish Hopper with Sling was removed from consideration for the Best of CES 2013 awards due to active litigation involving our parent company CBS Corp. We will no longer be reviewing products manufactured by companies with which we are in litigation with respect to such product.
</i></blockquote>
This is <i>monumentally</i> stupid, for a variety of reasons.  Let's see how many we can come up with.
<ol>
<li> Hello <a href="http://en.wikipedia.org/wiki/Streisand_effect">Streisand Effect</a>.  There were approximately one gazillion articles this week about products coming out of CES, and the place was wall to wall with journalists -- probably half of whom were coming up with their own "best of" lists.  Most people were completely saturated with CES stories and would barely glance at such a story.  Except... now, tons of people are suddenly finding out about this <i>awesome</i> Dish DVR, the Hopper with Slingbox.  In fact, they're hearing that the damn thing is so good that CBS is trying to block any news of it from getting out.  Talking about increasing the awareness...  I have no clue whatsoever what product CNET -- or any other publication -- awarded "best of CES" to.  But I sure as hell am well aware of Dish's new DVR.
</li><li> Goodbye to the wall that separates the suits from the journalists at CBS/CNET.  CBS execs have just confirmed that they don't want their journalists and reviewers to cover things based on the merits, but rather on what it means for their corporate masters.
</li><li> Hello slippery slope.  Is it really that hard to see where this heads next?  Is CNET still allowed to <i>report on the lawsuit</i> if CBS loses?  If they can't talk about the products, what about the legal issues themselves?
</li><li> Goodbye journalists with credibility.  Frankly, CNET has always had some of the strongest tech reporters in the business.  For many years I've considered it one of the top tech news sites out there.  I have tremendous respect for many of the reporters there.  But, now I have to wonder how much the suits are interfering with their ability to report things accurately.
</li><li> Goodbye to principled journalists who want to work for CBS.  If I'm a journalist at CNET right now, I'd be seriously considering quitting in protest.  This move seriously harms the brand and reputation of the site, and this is the kind of thing that journalists should stand up against.  Having the suits interfere with what they can write about is generally seen as a massive offense to journalists.  I would bet this leads to some of the best, most principled CNET reporters jumping ship to elsewhere.
</li><li> Good luck to CNET hiring new journalists.  Who wants to jump into that toxic situation?
</li></ol>
CBS's suits should have kept quiet and not interfered with the news side of the business.  They had to know that this would backfire in a big bad way.  And, if they didn't know that, they deserve to lose their jobs for being pretty clueless about things that matter.
<br /><br />
Of course, they were probably thinking that Dish would likely use the reviews from CNET as evidence in the lawsuit, which very well may be true (and could still happen since the review did go out).  But it's not hard to get around that, since the legal impact of a single review is near zilch.  In the end, they didn't stifle the review, they made it more well known.  They didn't do anything that helps them in their lawsuit.  And they're left with an undoubtedly pissed off set of journalists who may now question how free they are to actually report the news.<br /><br /><a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>count-the-ways</slash:department>
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<pubDate>Tue, 13 Nov 2012 12:27:58 PST</pubDate>
<title>In Ruling Over DISH's Autohopper, Details Show Fox Lost On Nearly All Important Issues</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121113/02171921026/details-ruling-over-dishs-autohopper-show-fox-lost-nearly-all-important-issues.shtml</link>
<guid>http://www.techdirt.com/articles/20121113/02171921026/details-ruling-over-dishs-autohopper-show-fox-lost-nearly-all-important-issues.shtml</guid>
<description><![CDATA[ Last week, we wrote about the ruling in the lawsuit Fox filed against DISH over its Autohopper feature -- which automatically skips commercials on TV shows it records as part of its "Prime Time Any Time" feature (recording all prime time TV from the four major networks to the local DVR hard drive).  As we noted, the judge refused to issue an injunction, but <a href="https://www.techdirt.com/articles/20121107/17021220966/judge-rejects-foxs-attempt-to-shut-down-dishs-autohop-feature-indicates-it-may-still-infringe.shtml">both sides claimed victory</a>.  Reading between the lines we said it appeared that Fox mostly lost, and its only wins were pretty small.  The (slightly redacted) ruling has <a href="http://www.hollywoodreporter.com/thr-esq/foxs-motion-an-autohop-injunction-389645" target="_blank">now been released</a> and it confirms that prediction.
<br /><br />
Fox is definitely the loser here.  In fact, it looks like our <a href="http://www.techdirt.com/articles/20120525/04185919074/tv-networks-file-legal-claims-saying-skipping-commercials-is-copyright-infringement.shtml">original statements</a> about the case, when it was first filed, turned out to be accurate.  Fox's claims that recording the entire prime time lineup is a "bootleg" copy was a direct challenge to the ruling in the <a href="http://en.wikipedia.org/wiki/Sony_Corp._of_America_v._Universal_City_Studios,_Inc.">Betamax case</a>, and the judge here relied heavily on that ruling in rejecting Fox's arguments.  Furthermore, in our original analysis, we pointed out that the <a href="http://www.techdirt.com/articles/20080804/1218551884.shtml">ruling</a> about Cablevision's remote DVR should apply here as well, since the key issue there was who pressed the button -- and with "Prime Time Any Time" (PTAT) and the Autohopper technology, it's still the consumer doing it.  The court is having none of that:
<blockquote><i>
Here, the parties agree that the Hopper is only available to private consumers and the evidence does not suggest that consumers use the PTAT copies for anything other than time-shifting in their homes or on mobile devices. In fact, Fox has identified no specific theory under which individual PTAT users could themselves be liable for copyright infringement without circumventing Sony. In the absence of any evidence of such direct infringement on the part of PTAT users, Dish cannot be responsible for "intentionally inducing or encouraging direct infringement," or for "profiting from direct infringement while declining to exercise a right to stop or limit it." Grokster, 545 U.S. at 930. In Grokster, unlike this case, owners of a peer-to-peer file-sharing program were liable for derivative copyright infringement because they knowingly and intentionally induced users to copy and distribute copyrighted works over the network, which indisputably constituted infringement on the part of the users. Id. at 939-41. Here, the record is devoid of any facts suggesting direct infringement by PTAT users. Fox has therefore failed to establish a likelihood of success or to raise serious questions on the merits of its derivative infringement claims.
</i></blockquote>
Shorter version: no, Fox can't do an end-run around the ruling that made it clear that the VCR was legal.  Users here aren't really doing anything different (time shifting programming) as was found legal in the Sony Betamax case.  Basically, it's a reminder that basic time shifting isn't infringement.  Since nothing the end-user does is infringing here, it completely demolishes Fox's ridiculous theory that DISH is "inducing" infringement by removing commercials.  All in all a good finding.
<br /><br />
So how is it that Fox claimed victory?  It's something of a minor side issue, and I'm not even convinced the court got this one right either.  Basically, as part of the process of making sure that its Autohopper (commercial skipping) feature is working properly, DISH <i>also</i> records the prime time lineup itself and has people monitoring to see if the automated Autohopper is correctly finding the beginnings and endings of commercial breaks.  If the machine is messing up, the human monitor can try to "correct" the timing.  It's a "quality assurance" effort.  And it's <i>that copy</i> that the court says might be infringing (and potentially a violation of the contract between the two parties).  Leaving aside the contract issue, even the copyright claim here seems questionable.  The key case here is the <a href="http://en.wikipedia.org/wiki/Sega_v._Accolade" target="_blank">Sega v. Accolade case</a> in which the court said that a copy made in process -- an "intermediate" copy -- which was not actually used in the final product, could be protected by fair use.
<br /><br />
The court then does a four factor fair use analysis though, as with most fair use analyses, how you apply the factors can lead you to a very different conclusion.  The key one here is the final factor -- the "effect of the use on the market."  The court finds this one to favor Fox:
<blockquote><i>
Here, the QA copies are used to perfect the functioning of AutoHop, a service that,
standing alone, does not infringe. The record shows, however, that a market exists for
the right to copy and use the Fox Programs: Fox licenses copies of its programs to
companies including Hulu, Netflix, iTunes, and Amazon to offer viewers the Fox
Programs in various formats. .... In fact, the record suggests that
Dish chose to offer AutoHop to its subscribers in order to compete with other providers
who pay for the rights to use copies of the Fox Programs through licensing agreements.  Unlike these providers, however, Dish does not pay for the right to copy the Fox
Programs for any purpose. By making an unauthorized copy for which it has not paid
and using it for AutoHop, Dish harms Fox's opportunity to negotiate a value for those
copies and also inhibits Fox's ability to enter into similar licensing agreements with
others in the future by making the copies less valuable. Therefore, the Court finds that
the fourth factor also militates against finding that the QA copies constitute a "fair use"
under the Copyright Act.
</i></blockquote>
I don't quite get this analysis though.  Because, remember, we're just talking about the QA copies here, not the final product that consumers use.  So I don't actually see how the above applies.  Those QA copies aren't being used to compete against Hulu, Netflix, iTunes or Amazon.  And I don't see how anyone could conclude that Fox would license special QA copies only for DISH to see how its ad skipper is working.  So the analysis here just seems off.  If the court has already decided that the final product isn't infringing, how is it that this temporary copy -- used only to check on quality control of the ad skipping -- which itself is not infringing -- suddenly becomes infringing.  It seems like DISH could make a strong argument on appeal that this part of the ruling doesn't make much sense.<br /><br /><a href="http://www.techdirt.com/articles/20121113/02171921026/details-ruling-over-dishs-autohopper-show-fox-lost-nearly-all-important-issues.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121113/02171921026/details-ruling-over-dishs-autohopper-show-fox-lost-nearly-all-important-issues.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121113/02171921026/details-ruling-over-dishs-autohopper-show-fox-lost-nearly-all-important-issues.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-the-qa-copy?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121113/02171921026</wfw:commentRss>
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<pubDate>Fri, 13 Jul 2012 12:29:00 PDT</pubDate>
<title>Dropped By Dish, AMC Pulls An Anti-Viacom: Offers Breaking Bad Premiere Free To Dish Subscribers</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120713/06503719688/dropped-dish-amc-pulls-anti-viacom-offers-breaking-bad-premiere-free-to-dish-subscribers.shtml</link>
<guid>http://www.techdirt.com/articles/20120713/06503719688/dropped-dish-amc-pulls-anti-viacom-offers-breaking-bad-premiere-free-to-dish-subscribers.shtml</guid>
<description><![CDATA[ <p>Yesterday, we wrote about Viacom's reactionary strategy of <a href="http://www.techdirt.com/articles/20120712/03405119672/viacom-uses-fans-as-hostages-blocks-daily-show-colbert-streams-everyone-to-spite-directv.shtml">holding its fans hostage</a> by shutting down online streams of <em>The Daily Show</em> and <em>The Colbert Report</em> after DirecTV advised its customers (who just lost access to Viacom shows) to watch them online. It was a childish move that punished a whole lot of fans (not only DirecTV users) just to gain leverage in a contract dispute, and a textbook example of how big media's shortsightedness drives people to piracy. Nobody was impressed.</p>

<p>So today it's interesting to hear about a network taking the exact <em>opposite</em> tack. AMC, home of a bunch of popular shows cast somewhat in the HBO mold, was recently dropped from the basic package for Dish satellite subscribers. AMC says that unlike the Viacom/DirecTV situation, <a href="http://www.keepamcnetworks.com/dish/facts/" target="_blank">they were not asking for more money and this was not a negotiation issue</a>, but rather Dish trying to "gain leverage in an unrelated lawsuit."</p>

<p>So what is AMC's response? Well, the much-anticipated fifth-season premier of <em>Breaking Bad</em>, one of their flagship shows, is airing on Sunday&mdash;and they've decided to set up a <a href="http://www.amctv.com/breakingbad4dish/" target="_blank">special online stream just for Dish subscribers</a>, so they can watch it for free. Meanwhile, they point out that virtually every other satellite and cable provider includes AMC in its basic package, and that several are now offering special sale prices for customers switching from Dish. They even have a toll-free line at 1-855-2DROP-DISH offering more information. For Dish, this is what you call a "PR nightmare".</p>

<p>But -- and here's where it gets even more interesting -- Dish claims they dropped AMC because the company insists they also carry some other less-popular networks bundled with it. That's why DirecTV says it dropped Viacom, too. It's a bit of an our-word-against-theirs situation as to the real cause of the conflict, and it's likely that neither company is entirely blameless. But AMC's first move was to go straight to the fans with a special offer to give them what they want. Viacom's first move was to... petulantly punish not only the fans involved in the dispute, but <em>all</em> of their fans.</p>

<p>Both Dish <em>and</em> DirecTV are experiencing backlash&mdash;even though some people support DirecTV in the bigger picture, most fans are just reacting to their favorite shows suddenly disappearing, and understandably getting annoyed with their service provider. But while AMC has leveraged the situation as a way to get <em>good</em> PR by offering fans something special, Viacom managed to extract its own dose of negative backlash by <em>further depriving them</em>.</p> 

<p>Much like <a href="http://www.techdirt.com/articles/20120712/18255119679/mpaa-points-to-its-roster-crappy-online-services-asks-what-were-complaining-about.shtml">the MPAA</a>, it seems Viacom needs a lesson in communications.</p><br /><br /><a href="http://www.techdirt.com/articles/20120713/06503719688/dropped-dish-amc-pulls-anti-viacom-offers-breaking-bad-premiere-free-to-dish-subscribers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120713/06503719688/dropped-dish-amc-pulls-anti-viacom-offers-breaking-bad-premiere-free-to-dish-subscribers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120713/06503719688/dropped-dish-amc-pulls-anti-viacom-offers-breaking-bad-premiere-free-to-dish-subscribers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that's-how-it's-done</slash:department>
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<pubDate>Wed, 14 Mar 2012 11:43:27 PDT</pubDate>
<title>Holocaust History Preserver Shoah Foundation's Patents Being Used To Sue Google, Facebook, Hulu, Netflix, Amazon</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120310/01381118066/holocaust-history-preserver-shoah-foundations-patents-being-used-to-sue-google-facebook-hulu-netflix-amazon.shtml</link>
<guid>http://www.techdirt.com/articles/20120310/01381118066/holocaust-history-preserver-shoah-foundations-patents-being-used-to-sue-google-facebook-hulu-netflix-amazon.shtml</guid>
<description><![CDATA[ The <a href="http://en.wikipedia.org/wiki/Shoah_Foundation" target="_blank">Shoah Foundation</a> is the very famous organization put together initially by Stephen Spielberg in the 1990s to interview and record video histories of the Holocaust before those who lived through it -- either as survivors or witnesses -- died off.  Most people recognize that this was a tremendously important historical project, that involved over 50,000 interviews.  In 2005, the Shoah Foundation became a part of the University of Southern California.  The organization has continued to do incredible work, but it appears that it's in the process of tarnishing its reputation in a massive way by allowing its patents to be used in a series of patent troll lawsuits (while trying to avoid being associated with the dirty work).
<br /><br />
The details are a little complex, and it took some work to track them all down, since it involves some shell companies and passing things around.  As far as I can tell, no one else has yet reported on this story, but it's shameful to see the Shoah Foundation associated with patent trolling.  During the 90's, however, the Shoah Foundation did apply for and get <a href="https://www.google.com/search?q=shoah&#038;btnG=Search+Patents&#038;tbm=pts&#038;tbo=1&#038;hl=en#q=Shoah+Visual+History+Foundation&#038;hl=en&#038;safe=off&#038;tbo=1&#038;tbm=pts&#038;filter=0&#038;bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&#038;fp=e567e41185a4ec4&#038;biw=1518&#038;bih=800" target="_blank">a series of patents</a> (listed at the bottom of this story), mostly around the idea of cataloguing and managing a library of digital assets.
<br /><br />
In 2010, USC and the Shoah Foundation <a href="http://stevens.usc.edu/read_release.php?press_id=70" target="_blank">offered to sell an "exclusive license"</a> to the patents via Ocean Tomo -- the patent auction house that is a goldmine for patent trolls.  Ocean Tomo pitched the patents as being useful for companies "designing, using or selling database management systems," but what they probably meant is that they would be useful for non-practicing trolls who wish to sue such companies.  Later that year, the deal was done for <a href="http://ipcloseup.wordpress.com/2010/07/27/uscshoah%E2%80%99s-7m-patent%C2%A0license/" target="_blank">$7 million</a>, a portion of which <a href="http://stevens.usc.edu/read_article.php?news_id=614" target="_blank">went to Shoah</a> -- who still retains ownership of the patents in question.
<br /><br />
In discussing the decision to auction off a license, rather than sell the patents outright, USC's <a href="http://stevens.usc.edu/about_usc_stevens_team_john_sweet.php" target="_blank">John Sweet</a> told the press that the license had been <a href="http://groups.yahoo.com/group/ReportersNotebook/message/2795" target="_blank">sold to a practicing entity</a>: 
<blockquote><i>
"it was a party that would actually use the patented technology, not a company that buys up patents in order to simply sue alleged infringers."
</i></blockquote>
He also told the press, "<a href="http://chronicle.com/article/Video-Indexing-Patents-Dev/64638/" target="_blank">We don't want bottom fishers.</a>"
<br /><br />
Guess what they got?  Fast forward a year and a half or so, and it comes out that it's Altitude Capital Partners <a href="http://www.fiercetelecom.com/press_releases/digitude-files-multimedia-streaming-and-downloading-patent-litigation" target="_blank">who holds the licenses on those patents</a> (for what it's worth, USC insists that the patent license was actually purchased by an operating company, who later sold the rights to Altitude -- but no one seems willing to name this other company).  If you don't know Altitude, think Intellectual Ventures before there was an Intellectual Ventures.  It calls itself a private equity firm, but it mainly invests in <a href="http://www.techdirt.com/articles/20070424/214913.shtml">patent lawsuits</a>, which usually run through a <a href="http://www.techdirt.com/articles/20071127/015820.shtml">series of shell companies</a>.  In this case, the license was given to Digital Innovations LLC (a subsidiary of Altitude) who put the patents in its own subsidiary called Preservation Technologies LLC.
<br /><br />
And then Preservation LLC started suing.  Late last year, Preservation used some of the 11 patents from USC Shoah to sue <a href="http://www.rfcexpress.com/lawsuits/patent-lawsuits/california-central-district-court/86230/preservation-technologies-llc-v-google-inc-et-al/summary/" target="_blank">Google &#038; YouTube</a>, <a href="http://www.rfcexpress.com/lawsuits/patent-lawsuits/california-central-district-court/86617/preservation-technologies-llc-v-netflix-inc-et-al/summary/" target="_blank">Netflix, Facebook, Sony, Dish and Amazon</a>, <a href="http://www.rfcexpress.com/lawsuits/patent-lawsuits/california-central-district-court/87561/preservation-technologies-llc-v-hulu-llc/summary/" target="_blank">Hulu</a>, <a href="http://www.rfcexpress.com/lawsuits/patent-lawsuits/california-central-district-court/87975/preservation-technologies-llc-v-dish-network-corporation/summary/" target="_blank">Dish again</a> and <a href="http://www.rfcexpress.com/lawsuits/patent-lawsuits/california-central-district-court/87977/preservation-technologies-llc-v-facebook-inc/summary/" target="_blank">Facebook again</a>.  Below I've embedded the specific <a href="http://ia700806.us.archive.org/33/items/gov.uscourts.cacd.520856/gov.uscourts.cacd.520856.1.0.pdf" target="_blank">complaint against Facebook</a> (pdf).  As with most patent lawsuits, the complaint itself isn't that enlightening beyond naming the parties and the patents.
<br /><br />
But what's really troubling here is the idea that the Shoah Foundation -- an organization designed to do good and help preserve videos and history -- is now closely associated with patent trolling.   Yes, there are a number of intermediaries in between the two, in order to provide some buffer, which I'm sure is supposed to "protect" Shoah from the blowback of patent trolling against a ton of internet companies that offer video online.  But the complaints even call out the fact that the tech was developed by the Shoah Foundation.  And Shoah still <b>owns</b> the patents in question.  Shoah may never have meant for the patents to be abused in this manner, but it sold the license without any such restrictions and was happy to take the money, even knowing how the patents could (and likely would) be abused to attack innovative companies.  The statement about them not wanting "bottom fishers" looks pretty ridiculous in light of what happened.  If they didn't want bottom fishers, they should have made the license conditional on use.  That they did not do so is their responsibility -- and thus USC Shoah should shoulder a significant portion of the blame for allowing the patents to now be used in such a fashion.
<br /><br />
I asked USC and Shoah for a comment, and after handing me off to a variety of different people, I finally got this non-statement, which refused to answer nearly all of my questions:
<blockquote><i>
USC owns a portfolio of patents for indexing and searching digital video libraries. USC licensed the portfolio exclusively to an operating company, while maintaining the right to use the patented inventions for research and education purposes. Subsequently, the operating company transferred the license to another entity. USC has learned that the current license holder has brought litigation relating to the patents. USC has no say or financial stake in the litigation.
</i></blockquote>
In other words, "we don't want to talk about this."  They especially appeared to have no interest whatsoever in responding to the query of whether or not such actions fit with the mission of the Shoah Foundation.
<br /><br />
What's odd about all of this is why Shoah retained "ownership" here -- and if it did so in any real way.  The deal that USC/Shoah did with Ocean Tomo was hailed as <a href="http://www.ipwatchdog.com/2010/09/30/licensing-executives-society-2010-deals-of-distinction-awards/id=12663/" target="_blank">groundbreaking</a>, in that they auctioned off a <i>license</i>, rather than selling the patents outright.  USC/Shoah claims it kept ownership of the patents because it needed it to continue operating.  But that makes no sense.  Similar to the transfers of copyrights in cases like Righthaven, "ownership" of a patent is tied to the specific rights: the right to exclude and the right to sue.  It appears that Shoah gave up both of those in their entirety, so retaining the "patent" is meaningless.  They could have done the identical deal, in which they sold the patent, but included a license-back to Shoah for the life of the patent.  I asked USC if among the rights it retained with "ownership" was included the ability to revoke the license and stop such lawsuits.  At the time of posting, USC has not responded.  Thus, either it does have that right and chooses not to use it -- in which case it has even greater culpability for these lawsuits -- or it really didn't retain any "ownership" of the patents in question at all.  In which case the whole "we just licensed" it thing was nothing more than a PR stunt to allow for such patent trolling.
<br /><br />
If USC/Shoah wants to proudly retain ownership of these patents, then they also need to <b>take responsibility</b> for how the patents are being (ab)used to shake down companies.  They can try to talk a good game about being hands off and having no financial stake in the litigation effort, but that's because they already collected the cash.   If the patents are being used for trolling, and USC/Shoah still owns them, then USC/Shoah has to bear the responsibility for how they're being used.  That it seeks to distance itself from the lawsuits filed over patents that it still claims to own is an incredibly weak response and shows just how shameful an action this was.
<br /><br />
The real shame in all of this, though, is that the legacy of Shoah is now tarnished by patent trolling. You would hope that the organization would think better than to have its good name sullied with such anti-innovation practices.  Trying to shakedown companies like Google, Netflix, Amazon and Facebook for building their own digital library platforms... just seems wrong, and against the sharing spirit of the Shoah Foundation.  An organization like that should be <i>celebrating</i> platforms that make it easier to preserve video and oral histories, rather than suing them.  If Shoah really said that the patents wouldn't be used to sue others, then it should have made that explicit in the license. As things stand, Shoah owns patents that are being used for trolling.  If it's not a troll itself, due to the licensing shell game, it clearly knew what it was getting into and enabled such nefarious trolling.  It's too bad, as I've donated to Shoah in the past, but there's no way I'd donate again to an organization that has been involved in patent trolling.
<br /><br />
USC Shoah should issue an apology in the strongest terms possible for what happened -- and this should be a reminder to everyone that even if patents are granted with the best of intentions, down the road, things may change.  Shoah let greed get ahead of its mission and now its reputation will be forever tarnished for allowing such anti-innovation practices to happen with its own patents.
<hr />
The patents in question:
<ul>
<li><a href="http://www.google.com/patents?id=j5IGAAAAEBAJ&#038;printsec=frontcover&#038;dq=6,199,060&#038;hl=en&#038;sa=X&#038;ei=IR5bT7mML-aiiQLkjtGjCw&#038;ved=0CDMQ6AEwAA" target="_blank">6,199,060</a>: "Method and apparatus management of multimedia assets"
</li><li><a href="http://www.google.com/patents?id=a9EOAAAAEBAJ&#038;printsec=frontcover&#038;dq=6,581,071&#038;hl=en&#038;sa=X&#038;ei=YR5bT-uCOaTZiQLUouCOCw&#038;ved=0CDUQ6AEwAA" target="_blank">6,581,071</a>: "Surveying system and method"
</li><li><a href="http://www.google.com/patents?id=-H8BAAAAEBAJ&#038;printsec=frontcover&#038;dq=5,813,014&#038;hl=en&#038;sa=X&#038;ei=ox5bT-jdMuiWiALkiMGyCw&#038;ved=0CDUQ6AEwAA" target="_blank">5,813,014</a>: "Method and apparatus for management of multimedia assets"
</li><li><a href="http://www.google.com/patents?id=P58EAAAAEBAJ&#038;printsec=frontcover&#038;dq=6,092,080&#038;hl=en&#038;sa=X&#038;ei=3x5bT-zYGYPUiAKlm_CtCw&#038;ved=0CDUQ6AEwAA" target="_blank">6,092,080</a>: "Digital library system"
</li><li><a href="http://www.google.com/patents?id=B68GAAAAEBAJ&#038;printsec=frontcover&#038;dq=6,212,527&#038;hl=en&#038;sa=X&#038;ei=HCBbT5WeO4WwiQKB-4SECw&#038;ved=0CDUQ6AEwAA" target="_blank">6,212,527</a>: "Method and apparatus for cataloguing multimedia data"
</li><li><a href="http://www.google.com/patents?id=0Vh8AAAAEBAJ&#038;printsec=frontcover&#038;dq=6,574,638&#038;hl=en&#038;sa=X&#038;ei=UyBbT6r9J9TSiAL8kYW8Dw&#038;ved=0CDUQ6AEwAA" target="_blank">6,574,638</a>: "Method and apparatus for cataloguing multimedia data using surveying data"
</li><li><a href="http://www.google.com/patents?id=mR0PAAAAEBAJ&#038;printsec=frontcover&#038;dq=6,549,911&#038;hl=en&#038;sa=X&#038;ei=iSBbT9TVD6vRiAKku9mjCw&#038;ved=0CDUQ6AEwAA" target="_blank">6,549,911</a>: "Method and apparatus for cataloguing multimedia data"
</li><li><a href="http://www.google.com/patents?id=RIAKAAAAEBAJ&#038;printsec=frontcover&#038;dq=6,353,831&#038;hl=en&#038;sa=X&#038;ei=xSBbT8aPFYSPiAL8_pmuCw&#038;ved=0CDUQ6AEwAA" target="_blank">6,353,831</a>: "Digital library system"
</li></ul><br /><br /><a href="http://www.techdirt.com/articles/20120310/01381118066/holocaust-history-preserver-shoah-foundations-patents-being-used-to-sue-google-facebook-hulu-netflix-amazon.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120310/01381118066/holocaust-history-preserver-shoah-foundations-patents-being-used-to-sue-google-facebook-hulu-netflix-amazon.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120310/01381118066/holocaust-history-preserver-shoah-foundations-patents-being-used-to-sue-google-facebook-hulu-netflix-amazon.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sad-legacy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120310/01381118066</wfw:commentRss>
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<pubDate>Wed, 4 May 2011 07:46:27 PDT</pubDate>
<title>Disney Claims It's Copyright Infringement For Dish To Offer Starz To Non-Premium Subscribers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110503/15385914134/disney-claims-its-copyright-infringement-dish-to-offer-starz-to-non-premium-subscribers.shtml</link>
<guid>http://www.techdirt.com/articles/20110503/15385914134/disney-claims-its-copyright-infringement-dish-to-offer-starz-to-non-premium-subscribers.shtml</guid>
<description><![CDATA[ The latest in a long line of ridiculous lawsuits from an entertainment industry that refuses to adapt and loves to put up artificial barriers, is the case of <a href="http://www.reuters.com/article/2011/05/03/us-dish-disney-idUSTRE7425MC20110503" target="_blank">Disney suing Dish Network</a>.  Dish's infraction?  Apparently a promotional decision to offer the Starz movie network for "free" to its subscribers (of course, it's not really free, since you have to pay to subscribe...).   Disney claims that it has specific licensing deals with premium channels like Starz, which say that the films it licenses can only be shown on "premium" pay-TV tiers rather than basic tiers.  The idea (of course) is that Disney wants to extend the ridiculous and outdated "windowing" efforts of Hollywood.  
<br /><br />
But, here's the thing: Dish Network is not a party to that contract.  Dish should be free to offer whatever channels it wants in whatever tiers it wants, so long as it has the appropriate agreement with those channels.  I can't see how Disney has a claim on Dish here, since it's a third party, which is simply making a reasonable business decision that it wanted to offer Starz as a part of a lower tier.  Disney is claiming in the lawsuit that this "devalues" its movies.  No, it does not.  What "devalues" the movies is the silly windowing plans of the studios that make those movies less valuable to consumers.
<br /><br />
Of course, Disney is claiming that this isn't a contractual issue, but a copyright one, but even that makes no sense.  Dish's license with Starz clearly includes a license to display the content.  And Dish is clearly paying to carry Starz, so everyone's <i>getting paid</i>.  The only issue is that Dish decided, for promotional reasons, to include Starz in lower tiers for no additional cost for a year (Disney, falsely, repeatedly claims this is "free.")  It seems that Dish should be free to offer whatever promotion it wants to its consumers, seeing as all the other terms of the license are the same and everyone's getting paid.
<br /><br />
I could see how Disney might have a complaint against Starz for the way it licensed content to Dish, in which Dish was allowed to offer this kind of promotion to consumers, but going after Dish for <i>copyright infringement</i>, just seems silly.  If anything, saying that downstream providers can't set their own pricing seems like Disney is opening itself up to a price fixing claim.  It made its deal with Starz.  Dish then did its deal with Starz.  Dish should then be free to determine how much it charges consumers.<br /><br /><a href="http://www.techdirt.com/articles/20110503/15385914134/disney-claims-its-copyright-infringement-dish-to-offer-starz-to-non-premium-subscribers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110503/15385914134/disney-claims-its-copyright-infringement-dish-to-offer-starz-to-non-premium-subscribers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110503/15385914134/disney-claims-its-copyright-infringement-dish-to-offer-starz-to-non-premium-subscribers.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>felony-interference-of-a-business-model</slash:department>
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<pubDate>Wed, 16 Apr 2008 04:31:50 PDT</pubDate>
<title>Did DirecTV Hire Satellite Hackers To Leak Dish TV Smart Cards?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080415/022244853.shtml</link>
<guid>http://www.techdirt.com/articles/20080415/022244853.shtml</guid>
<description><![CDATA[ I had missed this story when it came out last week, but thanks to a reader (who prefers to remain anonymous) for sending it in.  Apparently, Dish Network is suing DirecTV, claiming that DirecTV (and its parent News Corp) <a href="http://www.reuters.com/article/rbssTechMediaTelecomNews/idUSN0947553720080410" target="_new">hired notorious satellite TV hackers to break Dish's encryption and "flood the market" with hacked smart cards</a>.  That's quite a claim, and it will be interesting to see what evidence the company has to back it up.  After all, reverse engineering a product is perfectly legal -- and, indeed, DirecTV claims that's all it did.  Furthermore, it seems doubly strange that DirecTV would go down this route after so thoroughly pissing off smart card hackers of all kinds a few years ago by accusing them all of stealing DirecTV signals with almost no evidence, and then pushing many to <a href="http://www.techdirt.com/articles/20040416/1850223.shtml">pay up</a> to avoid a lawsuit.  It's also hard to see what the real benefit to DirecTV is of such a plan.  Making it easier to get Dish for free shouldn't increase DirecTV's market at all.  One would hope that Dish actually has some serious evidence to go along with these claims.<br /><br /><a href="http://www.techdirt.com/articles/20080415/022244853.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080415/022244853.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080415/022244853.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-a-bit-extreme</slash:department>
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