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<title>Techdirt. Stories filed under &quot;delays&quot;</title>
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<pubDate>Mon, 15 Apr 2013 10:54:24 PDT</pubDate>
<title>US Gov't Tops Itself In Waiting Years Before Responding To FOIA Requests With Nothing</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130411/13383122682/us-govt-tops-itself-waiting-years-before-responding-to-foia-requests-with-nothing.shtml</link>
<guid>http://www.techdirt.com/articles/20130411/13383122682/us-govt-tops-itself-waiting-years-before-responding-to-foia-requests-with-nothing.shtml</guid>
<description><![CDATA[ <p>
The Freedom of Information Act is a key element of maintaining government transparency... in theory. In practice, however, those on the receiving end of these requests do everything in their power (and some things lying outside their power) to <a href="http://www.techdirt.com/articles/20110614/00280814679/ice-stalling-more-foia-requests-concerning-domain-name-seizures.shtml" target="_blank">endlessly delay</a> their responses, or simply <a href="http://www.techdirt.com/articles/20101209/18050412224/fbi-almost-entirely-arbitrary-redacting-info-freedom-information-requests.shtml" target="_blank">hand over page</a> after<a href="http://www.techdirt.com/articles/20130117/07260121714/justice-department-complies-with-foia-request-gps-tracking-memos-hands-aclu-111-fully-redacted-pages.shtml" target="_blank"> fully redacted page</a> of "information." Most frequently, <a href="http://www.techdirt.com/articles/20110314/20012013492/all-promises-transparency-obama-administration-responding-to-fewer-foia-requests.shtml" target="_blank">both tactics</a> are deployed -- lengthy delays and wholesale redactions -- in order to give the requester something useless long after it's ceased to be relevant.
<br /><br />
Here's two more following this same pattern. The first, a FOIA request about Google's 2007 complaint against Windows Vista search interference, has finally been released by the Department of Justice (<a href="http://yro.slashdot.org/story/13/04/10/1215247/doj-answers-foia-request-after-six-years-with-no-real-information" target="_blank">via</a>). The information, what there is of it, <a href="http://www.informationweek.com/government/policy/the-freedom-from-information-act/240152471?pgno=1" target="_blank">took the scenic route on its way to requester Thomas Claburn's hands</a>.
<blockquote>
<i>In June 2007, I filed a Freedom of Information Act (FOIA) request to learn more about the basis for Google's complaint that Microsoft's implementation of desktop search in Windows Vista violated the terms of its 2002 antitrust consent agreement.</i>
<br /><br />
<i>In September 2011, I was notified that material relevant to my request would be provided, with a $15 fee to cover copying costs. I sent the check the following month and it was cashed in November 2011. It then took more than a year of hectoring the Department of Justice and the intercession of the Office of Government Information Services to actually get the "responsive materials." The documents arrived in late March.</i></blockquote>
Six years total, including a year-and-a-half passing between the point the government cashed Claburn's check and when the documents actually arrived. Better late than never, as they say. Or would say, if any of the information obtained was of any use whatsoever.
<blockquote>
<i>After six years, the truth can finally be told. What follows is an excerpt from an email sent by Kulpreet Rana, Google's director of intellectual property, to Justice Department attorney Aaron Hoag, dated Oct. 4, 2006.</i>
<br /><br />
<i>Thanking Hoag for taking the time to meet the previous week, Rana wrote, "During that meeting, you raised a few questions that we wanted to follow-up on. Rather than waiting to get all of the answers, I wanted to get back to you on some of the more pressing issues...probably the most important of which is REDACTED."</i>
<br /><br />
<i>This goes on for an entire page. It's a gray box of nothing.</i>
<br /><br />
<i>The dozens of email messages provided in response to my FOIA request look just like this: Page after page of gray where text should be. Only the email addresses, the signatures and the legal and social boilerplate have been left intact.</i></blockquote>
As Claburn states, this isn't information, it's "routing data." In addition, the DOJ withheld 406 other pages of relevant documents <i>completely</i>. Whatever wasn't useless routing data for fully redacted email conversations was stuff anyone could have obtained <i>without</i> a FOIA request.
<blockquote>
<i>The pages that the Justice Department saw fit to release include news articles from the New York Times, Reuters and other publications about Google's complaint. The entirety of the "responsive material" either has been available to anyone with an Internet connection for years or consists of names, salutations, thank yous and nothing else.</i></blockquote>
This sort of stonewalling and overenthusiastic redaction makes a mockery of the FOIA process. It would appear that many government entities would rather be sued into compliance, seeing as they have an unlimited amount of funds to fight the battle, whereas no plaintiff has that luxury.
<br /><br />
<a href="http://dailycaller.com/2013/04/10/government-responds-to-a-records-request-11-years-later/" target="_blank">Claburn's story is ugly but the next one is even uglier</a> (<a href="http://reason.com/24-7/2013/04/10/government-responds-to-911-foia-request" target="_blank">via</a>).
<blockquote>
<i>The conservative government accountability organization Judicial Watch recently received an official response letter to a Freedom of Information Act (FOIA) request the group submitted in September 2002 &mdash; nearly 11 years ago.</i></blockquote>
Judicial Watch didn't even receive heavily-redacted "information." It received an "official response letter." That's it.
<blockquote>
<i>&ldquo;It&rsquo;s quite common for federal agencies as well as the White House to flip the finger at FOIA requests that could expose wrongdoing or shed a negative light,&rdquo; Judicial Watch wrote in a <a href="http://www.judicialwatch.org/blog/2013/04/govt-takes-11-years-to-respond-to-records-request/" target="_blank">blog post </a>Tuesday. &ldquo;In fact, JW often must file lawsuits to get &lsquo;public&rsquo; records that should not require litigation to obtain. In this particular case, it took the DIA and NSA a whopping 11 years to determine that the information falls under the &lsquo;release authority&rsquo; of a different agency&mdash;the Naval Criminal Investigative Service (NCIS).&rdquo;</i></blockquote>
Judicial Watch will have to keep waiting. The <a href="http://www.scribd.com/doc/134756676/9-11-FOIA-Navy" target="_blank">letter from the NCIS</a> claims it only received the request on March 21, 2013, meaning the DIA and NSA spent more than a decade deciding to kick the can down the road. The NCIS can't honestly be blamed for making the otherwise laughable statement that it will be unable to comply "within 20 days" and invoking the ten working day extension provision. Apparently, the DIA and NSA can't even be bothered to apologize for exceeding the deadline by <i>over a decade</i>.
<br /><br />
Judicial Watch says it doesn't normally publish response letters, but considering the circumstances surround this particular request, it apparently felt it couldn't let the letter pass without comment.
<br /><br />
If government agencies are going to treat the FOIA this way, could they at least get to the point in a more timely fashion? I mean, if you're just going to redact a majority of the information or play a decade-long game of keepaway, at least be upfront about it. A response letter received within 20 days that states nothing more than, "Screw you. Come back with a lawyer," would certainly be preferable to the current time frames. At least, people will know where they're headed next if they really want the requested information.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130411/13383122682/us-govt-tops-itself-waiting-years-before-responding-to-foia-requests-with-nothing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130411/13383122682/us-govt-tops-itself-waiting-years-before-responding-to-foia-requests-with-nothing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130411/13383122682/us-govt-tops-itself-waiting-years-before-responding-to-foia-requests-with-nothing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can-unfulfilled-FOIA-requests-be-passed-on-to-next-of-kin?</slash:department>
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<pubDate>Fri, 28 Dec 2012 09:21:56 PST</pubDate>
<title>To Avoid Controversy, 'Realtime' Microblogging In China Now Delayed By 7 Days</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20121227/06232621497/to-avoid-controversy-realtime-microblogging-china-now-delayed-7-days.shtml</link>
<guid>http://www.techdirt.com/articles/20121227/06232621497/to-avoid-controversy-realtime-microblogging-china-now-delayed-7-days.shtml</guid>
<description><![CDATA[ <p>Despite increasing competition around the world, China remains the leader when it comes to finding ways to censor the online world.  A few months ago, the site Tech in Asia listed no less than eight ways in which users of Sina Weibo, China's hugely-popular homegrown microblog service, can be <a href="http://www.techinasia.com/sina-weibo-deleted-banned-blocked/">penalized for "inappropriate" tweets</a>.  Now it seems <a href="http://www.techinasia.com/sina-weibo-delays-sensitive-political-terms/">it has come up with a ninth</a>:

<i><blockquote>Users of Sina Weibo that mention things somewhat more controversial than cats or food might find their posts being delayed -- by seven whole days. The Twitter-like Sina Weibo is supposed to be a real-time social platform, but that no longer applies to posts that mention 'sensitive' terms such as the names of China's top leaders.</blockquote></i>

That's a worrying escalation, since it makes tweeting even uncontroversial stuff about contemporary politics, say, pretty pointless: who wants to read what somebody thought a week ago?  If the Chinese authorities decided to increase their control of online postings even more, an obvious way would be to encourage <i>all</i> user-generated services to adopt this system.  Pity that would pretty much be the death of real-time social media in China.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20121227/06232621497/to-avoid-controversy-realtime-microblogging-china-now-delayed-7-days.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121227/06232621497/to-avoid-controversy-realtime-microblogging-china-now-delayed-7-days.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121227/06232621497/to-avoid-controversy-realtime-microblogging-china-now-delayed-7-days.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-so-realtime</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121227/06232621497</wfw:commentRss>
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<pubDate>Thu, 29 Nov 2012 12:02:00 PST</pubDate>
<title>Justice Department Uses Red Tape To Delay Release Of Required Information On Domestic Spying Until Well After It Matters</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121128/18454921173/justice-department-uses-red-tape-to-delay-release-required-information-domestic-spying-until-well-after-it-matters.shtml</link>
<guid>http://www.techdirt.com/articles/20121128/18454921173/justice-department-uses-red-tape-to-delay-release-required-information-domestic-spying-until-well-after-it-matters.shtml</guid>
<description><![CDATA[ A couple of months ago, Julian Sanchez wrote about the ridiculous situation in which he filed a FOIA (Freedom of Information Act) request to reveal the latest semi-annual report from the Justice Department concerning how it was implementing the FISA Amendments Act of 2008.  As we've been <a href="http://www.techdirt.com/search.php?q=fisa+amendments+act">discussing</a>, for a while, how the FISA Amendments Act broadly expanded the ability of federal law enforcement, in particular the NSA, to spy on everyone.  While there is some language that <i>suggests</i> it's only supposed to be used on foreigners, it's been revealed that there is a <a href="http://www.techdirt.com/articles/20120611/16214719280/wyden-udall-block-fisa-amendments-act-until-us-admits-how-many-americans-are-being-spied.shtml">secret interpretation</a> of the bill, that likely <a href="http://www.techdirt.com/articles/20120821/16141120116/how-random-lawsuit-about-telco-policy-probably-resulted-broad-secret-law-enabling-nsa-to-spy-you.shtml">allows them</a> to use a loophole (plus the secret interpretation) to collect and review tons of data on Americans.  The FAA is up for renewal, and it's likely that Congress will rush through a five year extension -- despite overwhelming evidence that many in Congress <a href="http://www.techdirt.com/articles/20120913/23182420380/house-approves-bill-to-spy-americans-misrepresenting-lying-about-whats-bill.shtml">don't know</a> how the NSA is interpreting the bill (and even making statements that directly contradict the evidence of how the bill is being used).
<br /><br />
The law does require the "semi-annual" report mentioned above, and thanks to a lawsuit by the ACLU, the courts have said that the government is required to release redacted versions of those documents.  Which is why it was crazy when Sanchez initially filed his FOIA request to see the most recent versions, arguing (quite reasonably) that such documents were inherently important in the debate over the FAA's renewal, that the DOJ initially told him that it had to deny his request because <a href="http://www.techdirt.com/articles/20120910/15182220334/testing-most-transparent-administration-history.shtml">it could "neither confirm nor deny the existence of records in these files responsive to your request."</a>  That was obviously bullshit.  Once again: the report is required by law, and the courts have already said that the content is subject to FOIA requests.  Thankfully, after Sanchez went public with the ridiculousness of the situation, the DOJ quickly <a href="http://www.techdirt.com/articles/20120913/08570920371/credit-where-its-due-doj-changes-its-tune-fisa-transparency.shtml">admitted</a> the original response was a mistake, and promised they'd get right on finding the documents.
<br /><br />
Sanchez now <a href="http://www.cato-at-liberty.org/adventures-in-foia-land-or-red-tape-is-not-transparent/" target="_blank">has an update of the situation</a>, which is almost as ridiculous as the original story.
<blockquote><i>
By mid-September, just under three months after my initial request went in, I was informed that they&#8217;d identified the reports I was looking for and forwarded them to the Office of the Director of National Intelligence (ODNI) for a declassification review, which they expected would be completed by early November. Joy! Would we actually get information about an intelligence program out of the government without a lawsuit? Maybe even in time to have a semi-informed public debate?
<br /><br />
Well, no. ODNI informed me earlier this month that they were wrapping up their review and redaction Any Day Now, at which point&#8230; their redacted version would be forwarded, one at a time, to every other intelligence agency whose activities were referenced in the report. At each agency, it would go to the back of the line of FOIA requests, exactly as though it had just been submitted for the first time. Estimated time before a heavily censored version of these reports see the light of day: Another six months. At least. By which time, it won&#8217;t matter much what these reports say about NSA&#8217;s use of its sweeping powers, because Congress will have already given them another five years of spying authority.
<br /><br />
Notice what this means in practice: Even though a court has already established, thanks to an ACLU lawsuit, that they are <b>legally required</b> to release redacted versions of these reports to the public on request, a cumbersome bureaucratic process effectively guarantees that it takes a solid year to get this information out, which means at best you&#8217;re working with what the assessment found two reports ago, allowing the government to assert that they&#8217;ve fixed whatever problems were found. In this case, the timing of the review process conveniently guarantees that whatever we learn will come far too late to influence <b>this year&#8217;s</b> vote on FAA powers, but be old news by the time Congress takes up the question again. It&#8217;s a little hard to swallow the claim that all this delay is remotely necessary: Are we <b>really</b> supposed to believe that the Office of the Director of National Intelligence will be so slipshod about letting sensitive classified information through that their work has to be independently double checked by every other intelligence agency? And that this process has to take six months or longer, even after ODNI has done their initial review and redaction? Of course it doesn&#8217;t: This is a bureaucratic procedure designed, not to protect national security, but to allow stalling on the release of politically inconvenient information that the courts won&#8217;t allow to be completely hidden from the public.
</i></blockquote>
Once again, this seems to raise questions about the process here -- and how much of it really has to do with law enforcement officials being careful... and how much of it is purely political, seeking to hide damaging information that might impact the FAA renewal.
<br /><br />
Furthermore, as Sanchez notes, the very idea that he had to file a FOIA for this information is troubling by itself:
<blockquote><i>
What we should really be asking is <b>why I had to submit this request at all</b>. In his first days in office, after all, President Obama issued a directive not only urging agencies to err on the side of disclosure, but to adopt a policy of proactive release of documents likely to be of public interest. Surely if there were any doubt about the public interest in the use of sweeping surveillance powers, it should have been put to rest after the ACLU won release of the earliest compliance reports. So why didn&#8217;t the Justice Department follow President Obama&#8217;s directive and draft these reports with an eye toward preparing a declassified public version, knowing full well that civil liberties groups would come asking? Well, because then they wouldn&#8217;t be able to obfuscate and delay for months and months. Because then the public might be able to have an informed discussion about the secret surveillance powers we&#8217;ve given our spy agencies before we vote to extend them. Heaven forfend.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20121128/18454921173/justice-department-uses-red-tape-to-delay-release-required-information-domestic-spying-until-well-after-it-matters.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121128/18454921173/justice-department-uses-red-tape-to-delay-release-required-information-domestic-spying-until-well-after-it-matters.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121128/18454921173/justice-department-uses-red-tape-to-delay-release-required-information-domestic-spying-until-well-after-it-matters.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>most-transparent-administration-in-history!</slash:department>
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<pubDate>Thu, 4 Oct 2012 05:17:33 PDT</pubDate>
<title>WIPO Scared Of The Pirate Party; Won't Give It Observer Status Due To Objections Despite Meeting Criteria</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121003/17515420586/wipo-scared-pirate-party-wont-give-it-observer-status-due-to-objections-despite-meeting-criteria.shtml</link>
<guid>http://www.techdirt.com/articles/20121003/17515420586/wipo-scared-pirate-party-wont-give-it-observer-status-due-to-objections-despite-meeting-criteria.shtml</guid>
<description><![CDATA[ There was a report a few weeks back noting that WIPO had been <a href="http://wipo.int/edocs/mdocs/govbody/en/a_50/a_50_2.pdf">in favor</a> (pdf) of allowing the Pirate Party International to be designated as an accredited "observer" to WIPO meetings (which would allow them to participate as an non-governmental organization, but without voting powers).  However, it appears that the official decision on this <a href="http://www.keionline.org/node/1561" target="_blank">has now been delayed</a> because of objections from Swiss, French and US (who else?) officials:
<blockquote><i>
This morning, under agenda item 6, the WIPO General Assemblies decided to defer a decision until 2013 on the application for accreditation by Pirate Parties International. I was told that the US, Switzerland the France raised objections in the informal consultations, and that some other European countries wanted to raise objections, but found it awkward given the recent success of domestic Pirate Parties in national elections. The USA said it asked for a hold on the decision until WIPO could decide if it wanted to accept political parties as WIPO observers. One delegate said European countries were concerned that the Pirate Parties would take "political action" back home when they disagreed with positions taken by the official delegates at the WIPO meetings.
</i></blockquote>
While it is a legitimate question as to whether or not political parties should count as NGOs, the whole thing still feels pretty questionable.  As Jamie Love notes, it just makes WIPO look like it's afraid of the Pirate Party.
<blockquote><i>
KEI's view is that the decision to block the Pirate Parties International application made WIPO look even more captured by right holders than it actually is. To the extent that intellectual property rights issues become seen as political rather than simply technical matters, it may be possible to have broader, deeper and more useful debates on the purpose and performance of the intellectual property rights system. Why? Because many of the technical staff at the government levels are caught up in a system where responsiveness to right-holder interests is key to promotions or job retention, and the robust revolving door with industry creates incentives to be anti-consumer. 
</i></blockquote>
In other words, another blown opportunity to try to move things forward, rather than staring longingly at the past.
<br /><br />
Meanwhile, others are pointing out that the Pirate Parties International appears to meet all the criteria, and thus it is <a href="http://www.ip-watch.org/2012/10/04/delay-of-pirate-parties-wipo-observer-status-raises-questions/?utm_source=twitterfeed&#038;utm_medium=twitter&#038;utm_campaign=Feed%3A+ip-watch+%28Intellectual+Property+Watch%29" target="_blank">completely ridiculous</a> to delay their observer status:
<blockquote><i>
&#8220;If the NGO&#8217;s application falls within a plain wording of the rules and regulations defining what NGOs may be accredited, then the application should be granted,&#8221; he said. &#8220;From our perspective, what harm can there be for the secretariat of a political party to be an observer at WIPO? If anything, it seems to us this will lead to a better understanding by that secretariat of the international dimension of IP public policy, which is no bad thing.&#8221;
</i></blockquote>
The whole thing seems like a typical negative reaction to the party simply because of its name, without any recognition of what it actually stands for, driven by pressure from the US.  WIPO looking like a US stooge yet again?  Not a huge surprise.<br /><br /><a href="http://www.techdirt.com/articles/20121003/17515420586/wipo-scared-pirate-party-wont-give-it-observer-status-due-to-objections-despite-meeting-criteria.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121003/17515420586/wipo-scared-pirate-party-wont-give-it-observer-status-due-to-objections-despite-meeting-criteria.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121003/17515420586/wipo-scared-pirate-party-wont-give-it-observer-status-due-to-objections-despite-meeting-criteria.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-of-course</slash:department>
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<pubDate>Tue, 31 Jan 2012 13:32:00 PST</pubDate>
<title>Warner Bros. Just Keeps Pushing People To Piracy; New Deal Also Delays Queuing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120131/00110017595/warner-bros-just-keeps-pushing-people-to-piracy-new-deal-also-delays-queuing.shtml</link>
<guid>http://www.techdirt.com/articles/20120131/00110017595/warner-bros-just-keeps-pushing-people-to-piracy-new-deal-also-delays-queuing.shtml</guid>
<description><![CDATA[ Sometimes you really have to wonder about some legacy entertainment industry execs and their thought process.  Warner Bros. is the most aggressively stupid when it comes to willfully going against what consumers want and pushing them to pirate instead.  It, among the big Hollywood studios has been the leader in trying to <a href="http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml">hold back rentals</a> in the bizarre belief that if people can't rent a video legally, they're suddenly more likely to pony up many times the amount to buy the full DVD.  This is what we call denial.  And economically clueless.  The latest detail, which came out last week, is that one of WB's new conditions with its deal with Netflix isn't just that the rentals are delayed by 56 days (up from the previous 28), but that they <a href="http://latimesblogs.latimes.com/entertainmentnewsbuzz/2012/01/warner-bros-netflix-deal-includes-delay-in-queues.html" target="_blank">won't even be able to put the delayed movie in their "wanted" queue</a> until 28 days before it's actually available.  
<blockquote><i>
Under the companies' previous agreement, users could add discs to their queues even before they went on sale. Warner executives apparently believed that policy made it easier for consumers to wait, confident that the discs would arrive eventually.
<br /><br />
But now when users search for Warner's "A Very Harold and Kumar Christmas," which goes on sale Feb. 7, the Netflix website simply says the movie is not available. Consumers will have wait until March 6 to add the film to their queues and until April 3 to get it in the mail.
</i></blockquote>
What's amazing about this policy is that it seems to provide the exact opposite incentives of what WB should want.  At least, when they could put it in their queue as a sort of "pre-release" commitment, they knew they'd be getting it soon, and would have less incentive to go out and get it through unauthorized means.  But, now, they won't even have that, making it even more likely they seek the movie out via unauthorized means.  WB is in complete denial if it thinks this is suddenly going to make people more interested in buying the physical DVDs.<br /><br /><a href="http://www.techdirt.com/articles/20120131/00110017595/warner-bros-just-keeps-pushing-people-to-piracy-new-deal-also-delays-queuing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120131/00110017595/warner-bros-just-keeps-pushing-people-to-piracy-new-deal-also-delays-queuing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120131/00110017595/warner-bros-just-keeps-pushing-people-to-piracy-new-deal-also-delays-queuing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>are-they-that-clueless?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120131/00110017595</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 9 Jan 2012 07:28:31 PST</pubDate>
<title>WB, HBO Continue To Suck At Economics; New Policies Encourage Piracy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml</link>
<guid>http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml</guid>
<description><![CDATA[ A bunch of folks have been submitting variations on two stories from last week that show -- yet again -- that the big legacy entertainment industry companies suck at economics.  <a href="http://www.techdirt.com/profile.php?u=adamr">AdamR</a> was the first to send over the news that Warner Bros. studio was <a href="http://allthingsd.com/20120105/warner-brothers-will-make-netflix-redbox-blockbuster-wait-longer-for-new-movies/" target="_blank">increasing the "delay" period for rentals</a>.  If you don't recall, WB has been at the forefront of this braindead idea that, if it forbids Netflix, Redbox and Blockbuster from renting videos, maybe more people will buy the DVDs they release for sale.  Of course, other studios took the time to study the matter and found that such a delay in rentals <a href="http://www.techdirt.com/articles/20100615/1842549841.shtml">doesn't increase sales</a>.  Meanwhile, a separate study showed that such windows <i><a href="http://www.techdirt.com/articles/20111201/03191216939/yet-another-study-shows-that-hollywoods-own-bad-decisions-are-increasing-amount-infringement.shtml">do increase infringement</a></i>, as those who are perfectly willing to pay the price to rent, find the price to buy ridiculous... and seek alternatives.
<br /><br />
It appears that WB is implicitly admitting that the strategy of delaying the rental period of a movie by 28 days has been a total failure, in the decision to increase the delay to 56 days.  They're basically admitting that not enough people were "buying" in those 28 days... so they somehow think that doubling the wait will increase the purchases.  It won't.  If people really want to pay the extra money to buy the DVD, they're likely to do so pretty early on.  It's not like they're waiting 50 days in and then saying "gee, I can't rent the movie, so I'll just pay a lot more money than necessary to own an obsolete piece of plastic."
<br /><br />
Meanwhile, HBO, coming out of the same corporate lineage as WB, has decided to <a href="http://news.cnet.com/8301-31001_3-57353134-261/hbo-forces-netflix-to-go-elsewhere-for-its-dvds/" target="_blank">stop selling Netflix the DVDs of its shows</a>.  Netflix, of course, notes that it can get these DVDs from other sources, but it makes you wonder what HBO thinks it's accomplishing here.  Pissing off its fans on Netflix by trying to force them into HBO's own annoying walled garden doesn't help build fans.  And if it does actually lead to Netflix not offering HBO shows, then as plenty of commentators <a href="https://twitter.com/#!/jackshafer/status/154998477909262336" target="_blank">quickly noted</a>, all they're really doing is encouraging more infringement.
<br /><br />
This is basic stuff at this point.  Not offering your content in simple, legitimate formats that the customers want doesn't help you at all.  It just drives people to infringe.  How does that help in any way, shape or form?<br /><br /><a href="http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120107/01435817321/wb-hbo-continue-to-suck-economics-new-policies-encourage-piracy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>do-they-not-realize-this?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120107/01435817321</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 27 Oct 2011 10:28:00 PDT</pubDate>
<title>Warner Bros. Hates Libraries, Wants To Embargo DVD Sales To Libraries For A Month</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111022/01403116466/warner-bros-hates-libraries-wants-to-embargo-dvd-sales-to-libraries-month.shtml</link>
<guid>http://www.techdirt.com/articles/20111022/01403116466/warner-bros-hates-libraries-wants-to-embargo-dvd-sales-to-libraries-month.shtml</guid>
<description><![CDATA[ The movie studios' short-sightedness knows no bounds, apparently.  Warner Bros., which has been the most aggressive of the big movie studios in getting companies like <a href="http://www.techdirt.com/articles/20100106/1804437638.shtml">Netflix</a> and <a href="http://www.techdirt.com/articles/20100216/1449188186.shtml">Redbox</a> not to rent its movies until 28-days after they go on sale, has now decided to <a href="http://www.dslreports.com/shownews/Time-Warner-Imposes-28-Day-New-Release-Library-Delay-116694" target="_blank">do the same thing for libraries</a>, putting in place a 28-day embargo on all DVD sales to libraries, from the time of the DVD release.  To make it even more obnoxious, they're removing bonus features and extras from movies sold to libraries.
<br /><br />
Here's the thing, though.  What's to stop a library from just buying an official version and lending it out?  The whole thing is pretty silly anyway.  Is Warner Bros. really thinking that if someone can't take out one of its movies from the library, that they'll really go buy the DVD from WB?  Also, doesn't this seem like a form of price fixing?
<br /><br />
In the end, though, it's unlikely to actually help.  Slightly more enlightened studios, such as Paramount, actually tested such 28-delays and looked at the data, which said Netflix and Redbox <a href="http://www.techdirt.com/articles/20100615/1842549841.shtml">don't cannibalize sales</a>, and appear to "expand" the movie business.  Too bad Warner Bros. hasn't seen that movie yet.  Perhaps they're still waiting for the 28-day delay to pass.<br /><br /><a href="http://www.techdirt.com/articles/20111022/01403116466/warner-bros-hates-libraries-wants-to-embargo-dvd-sales-to-libraries-month.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111022/01403116466/warner-bros-hates-libraries-wants-to-embargo-dvd-sales-to-libraries-month.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111022/01403116466/warner-bros-hates-libraries-wants-to-embargo-dvd-sales-to-libraries-month.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>oh-come-on</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111022/01403116466</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 10 Oct 2011 03:25:58 PDT</pubDate>
<title>ESPN Affiliate Delays Podcasts; Announcer Rips Into His Bosses For Cluelessness</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111006/01561716230/espn-delays-podcasts-announcer-rips-into-his-bosses-cluelessness.shtml</link>
<guid>http://www.techdirt.com/articles/20111006/01561716230/espn-delays-podcasts-announcer-rips-into-his-bosses-cluelessness.shtml</guid>
<description><![CDATA[ Ah, the shortsightedness of old school entertainment companies knows no bounds apparently.  The latest is <strike>Disney-owned ESPN</strike> ESPN 980, a local radio station that uses the ESPN name, who seems to think, foolishly, that making it <i>more difficult</i> for fans to listen to its radio programming will somehow be better for them.  The details are that ESPN 980 used to release podcasts for its shows, making listening convenient for people who either wanted to time delay their listening, or who couldn't listen on a radio very easily.  But, because ESPN 980 execs only focus on <i>radio ratings</i> as the key metric, they made the shortsighted calculation that they should make it <i>harder</i> to listen to the podcasts, in the <a href="http://www.washingtonpost.com/blogs/dc-sports-bog/post/tony-kornheiser-on-espn-980s-podcast-policy/2011/10/04/gIQAnL1TLL_blog.html" target="_blank">misguided hope that it might drive more listeners to the radio version</a>.  The execs there claim that this is how it needs to "protect its ratings."  Of course, that's ridiculous.  If people can't listen the way they want to, <i>they'll listen to something else</i>.  ESPN 980 is deluding itself if it thinks that people will still bend to ESPN 980 rather than expecting ESPN 980 to bend to them.
<br /><br />
Not surprisingly, the on air talent seems to get this a lot more than the folks making the decisions.  While the station insisted that star radio host Tony Kornheiser "understands" why ESPN 980 is doing this, and isn't upset about it, listeners to Kornheiser's show apparently sensed his views were a bit different.  As noted by Dan Steinberg:
<blockquote><i>
&ldquo;The policy is gonna kill the show,&rdquo; [Kornheiser] said, with typical subtlety and restraint. &ldquo;It&rsquo;s simply going to kill the show....That is the problem. You&rsquo;re listening to this a day late. That&rsquo;s the solution around here, the solution to getting more people listening live. And by the way, there&rsquo;s a great glee with which I am told that my ratings are bad. There&rsquo;s a great glee. The people around here seem to think that this is charming, and that if I only did what they wanted, everything would be right in the world.
<br /><br />
&ldquo;But it doesn&rsquo;t work that way. It doesn&rsquo;t work that way, because of the way audio is delivered to America. It&rsquo;s delivered on demand. And if when you demand it you can&rsquo;t get it, you&rsquo;re not going to listen to it.
<br /><br />
&ldquo;Here&rsquo;s what&rsquo;s going to happen in the next five or 10 years, boys and girls. There&rsquo;s not gonna be football on television any more. It&rsquo;s all gonna be in your computer. That&rsquo;s the way it&rsquo;s gonna work. It&rsquo;ll be brought to you by people like Google, brought to you by people who are search engine people, and I know nothing about this. There&rsquo;s no way to make any money any more doing it the old way. The old way is not just old, much like me &mdash; it is dead.
<br /><br />
&ldquo;That&rsquo;s the old way. People don&rsquo;t want that any more. They&rsquo;re not going to sit around and wait for things....The people who run radio stations, they&rsquo;re apparently not adapting to the new culture and don&rsquo;t truly understand how it works and what people want&hellip; Management believes differently than I believe. I still do the show. I&rsquo;m not running away from the show. I just wish it were more accessible, quicker, to more people.&rdquo;
</i></blockquote>
He seems to get it a lot more than the people who are paid to get it.
<br /><br />
<b>Update</b>: Aha.  Turns out that this was the local station, ESPN 980 -- who merely licenses the ESPN name -- who made this decision.  And, it appears that ESPN itself makes it easier to get access to the show.  Blame goes to the local radio station.<br /><br /><a href="http://www.techdirt.com/articles/20111006/01561716230/espn-delays-podcasts-announcer-rips-into-his-bosses-cluelessness.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111006/01561716230/espn-delays-podcasts-announcer-rips-into-his-bosses-cluelessness.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111006/01561716230/espn-delays-podcasts-announcer-rips-into-his-bosses-cluelessness.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-shortsighted</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111006/01561716230</wfw:commentRss>
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<item>
<pubDate>Fri, 14 Jan 2011 13:23:00 PST</pubDate>
<title>Redbox Realizing That Caving To Hollywood On 28-Day Delay Was A Bad Idea</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110114/11010112671/redbox-realizing-that-caving-to-hollywood-28-day-delay-was-bad-idea.shtml</link>
<guid>http://www.techdirt.com/articles/20110114/11010112671/redbox-realizing-that-caving-to-hollywood-28-day-delay-was-bad-idea.shtml</guid>
<description><![CDATA[ We were pretty surprised when Redbox <a href="http://www.techdirt.com/articles/20100423/1148439156.shtml">caved in</a> to the Hollywood studios, and agreed to annoy its customers with a ridiculous 28-day delay.  We had many commenters say that people wouldn't care and it wasn't much of a big deal.  However, the company is now admitting that the 28-day delay resulted in <a href="http://news.cnet.com/8301-13506_3-20028545-17.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_blank">much lower holiday rentals than it had expected</a>.  Meanwhile, the only studio that has publicly released information about how its experiments with the 28-day delay went, Paramount, has said that such delays <a href="http://www.techdirt.com/articles/20100615/1842549841.shtml">are bad for business</a>, as it doesn't increase sales of DVDs, and that allowing Redbox to rent movies sooner actually helped the studio (and Redbox) make more money.  So why do we still have those delays?<br /><br /><a href="http://www.techdirt.com/articles/20110114/11010112671/redbox-realizing-that-caving-to-hollywood-28-day-delay-was-bad-idea.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110114/11010112671/redbox-realizing-that-caving-to-hollywood-28-day-delay-was-bad-idea.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110114/11010112671/redbox-realizing-that-caving-to-hollywood-28-day-delay-was-bad-idea.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>duh</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110114/11010112671</wfw:commentRss>
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<pubDate>Wed, 3 Nov 2010 13:32:27 PDT</pubDate>
<title>Warner Bros. So Thrilled With Netflix 28-Day Delays, It Wants To Have Longer Delays</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101103/12122611707/warner-bros-so-thrilled-with-netflix-28-day-delays-it-wants-to-have-longer-delays.shtml</link>
<guid>http://www.techdirt.com/articles/20101103/12122611707/warner-bros-so-thrilled-with-netflix-28-day-delays-it-wants-to-have-longer-delays.shtml</guid>
<description><![CDATA[ Hollywood continues to seek new and ever-more creative ways to shoot itself in the foot and drive movie fans to unauthorized copies of movies.  Earlier this year, Warner Bros. studios was successful in pressuring Netflix and Redbox to <a href="http://www.techdirt.com/articles/20100106/1804437638.shtml">delay rental releases</a> by 28-days, with the hope that people who couldn't rent the movie would buy it.  Warner Bros. has been <a href="http://www.techdirt.com/articles/20101005/12213211291/warner-bros-claims-that-annoying-customers-with-28-day-rental-delay-is-working.shtml">claiming this strategy succeeded</a> and that they've sold more DVDs because of it.  I would doubt that it's the delay that's increasing sales, and it seems like a pretty short-sighted strategy to look to increase sales of a format like DVD right now.  Either way, Warner Bros. is now <a href="http://www.businessweek.com/news/2010-11-03/time-warner-may-consider-longer-delay-for-netflix-redbox.html" target="_blank">claiming it may try to <i>increase</i> the window over 28-days</a>.  It's as if they <i>want</i> to drive more people to get the movie from unauthorized providers.  Making it <i>more difficult</i> to let people watch movies the way they want to isn't a solution that will work long-term.<br /><br /><a href="http://www.techdirt.com/articles/20101103/12122611707/warner-bros-so-thrilled-with-netflix-28-day-delays-it-wants-to-have-longer-delays.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101103/12122611707/warner-bros-so-thrilled-with-netflix-28-day-delays-it-wants-to-have-longer-delays.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101103/12122611707/warner-bros-so-thrilled-with-netflix-28-day-delays-it-wants-to-have-longer-delays.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>driving-fans-to-piracy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101103/12122611707</wfw:commentRss>
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<pubDate>Wed, 6 Oct 2010 13:51:14 PDT</pubDate>
<title>Warner Bros. Claims That Annoying Customers With 28-Day Rental Delay Is Working</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101005/12213211291/warner-bros-claims-that-annoying-customers-with-28-day-rental-delay-is-working.shtml</link>
<guid>http://www.techdirt.com/articles/20101005/12213211291/warner-bros-claims-that-annoying-customers-with-28-day-rental-delay-is-working.shtml</guid>
<description><![CDATA[ Warner Bros. studio was among the more adamant about getting Netflix, Redbox and others to <a href="http://www.techdirt.com/articles/20100106/1804437638.shtml">delay rentals</a> of movies until 28-days after the DVD release, in the hopes that it would drive more people to buy.  We suggested that was pissing off customers, just at a time when they're discovering they have (perhaps not very legal) alternatives, and it probably isn't a great business strategy.  However, Khyle points us to the news that Warner Bros. CFO <a href="http://www.hackingnetflix.com/2010/10/28-day-new-release-delay-increased-warner-bros-dvd-sales-15.html?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed:+HackingNetflix+" target="_blank">is claiming success with the program</a>, claiming that DVD sales are up 15% following this strategy.
<br /><br />
Of course, that leaves out all sorts of important details.  Beyond the simple correlation &ne; causation issue, there are so many other variables here, I'd be hesitant to believe that the higher sales were due mostly to this delay.  Perhaps there was just a popular movie that people really wanted to own when it came out.  Or perhaps there were other promotions.  Or, maybe, it's just a dead cat bounce.  Either way, let's wait and see before declaring that pissing off your customers so much is a good idea.
<br /><br />
The best part, though, might be the confident quote from the guy:
<blockquote><i>
"You make money in the film business by putting your content in appropriate windows that matches up with the way consumers like to use it."
</i></blockquote>
Thing is, he's got it wrong.  It's not the "windows," but the different convenience and values that people consider.  You can offer "the way consumers like to use it," all at the same time, if you want.  The studios aren't doing this because they're so in love with the "windowing" system as a way to price differentiate, that they keep wanting to introduce more and more windows.  At some point they'll realize that this is really dangerous short-term thinking.  Pissing off people eventually comes back to bite you.<br /><br /><a href="http://www.techdirt.com/articles/20101005/12213211291/warner-bros-claims-that-annoying-customers-with-28-day-rental-delay-is-working.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101005/12213211291/warner-bros-claims-that-annoying-customers-with-28-day-rental-delay-is-working.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101005/12213211291/warner-bros-claims-that-annoying-customers-with-28-day-rental-delay-is-working.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>correlation?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101005/12213211291</wfw:commentRss>
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<item>
<pubDate>Wed, 16 Jun 2010 08:53:07 PDT</pubDate>
<title>Paramount Says 28 Day Delay On Redbox Makes No Sense; Doesn't Cannibalize DVD Sales</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100615/1842549841.shtml</link>
<guid>http://www.techdirt.com/articles/20100615/1842549841.shtml</guid>
<description><![CDATA[ While some of the Big 6 studios have been incredibly anti-Redbox, Viacom's Paramount has always been the most reasonable towards the DVD-rental kiosk provider.  So it really comes as little surprise that Paramount has announced that, after testing delayed movie releases through Redbox <a href="http://www.latimes.com/entertainment/news/homeentertainment/la-fi-ct-paramount-20100616,0,6627188.story" target="_blank">it sees absolutely no reason to keep delaying such releases</a> and instead will offer new release movies on Redbox at the same time the DVD goes on sale:
<blockquote><i>
"There were two conclusions we came to," said Dennis Maguire, president of Paramount Home Entertainment. "There hasn't been a cannibalization of DVD sales from Redbox, and Redbox was allowing us to expand our business and ultimately make more money" than if the studio held back its DVDs to Redbox for a period of time.
</i></blockquote>
Of course, this is exactly what many people said when studios like Warner Bros., Universal and Fox demanded the 28 day release, but it's nice to at least see Paramount actually looking at the data and realizing that Redbox isn't the evil destroyer of Hollywood that some of its competitors have made it out to be.<br /><br /><a href="http://www.techdirt.com/articles/20100615/1842549841.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100615/1842549841.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100615/1842549841.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-for-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100615/1842549841</wfw:commentRss>
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<pubDate>Mon, 5 Apr 2010 08:39:00 PDT</pubDate>
<title>Blockbuster Using Its Deal With Warner Bros. To Mock Redbox And Netflix</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100402/1833238859.shtml</link>
<guid>http://www.techdirt.com/articles/20100402/1833238859.shtml</guid>
<description><![CDATA[ You may recall that, at the end of March, Warner Bros. studios did a <a href="http://www.techdirt.com/articles/20100323/1418578683.shtml">new deal with Blockbuster</a> that seemed likely to confuse the hell out of consumers.  That's because Warner Bros., in its backwards-looking wisdom, had already done deals with both <a href="http://www.techdirt.com/articles/20100120/1853427844.shtml">Netflix</a> and <a href="http://www.techdirt.com/articles/20100216/1449188186.shtml">Redbox</a> to <i>not</i> make new release movies available to rent until 28 days after their release.  There is no good reason for this, other than it pisses off customers all around, and makes them less interested or inclined to bother watching Warner Bros. movies (hint to WB: you have competitors).
<br /><br />
But the Blockbuster deal seemed confusing -- because most consumers wouldn't be following these silly deals and wouldn't understand why a movie had been "released" but wasn't available via their favorite rental service.  Apparently, Blockbuster's answer to all this is to mock Netflix and Redbox for not carrying new releases.  Seriously.  Reader <a href="http://www.techdirt.com/profile.php?u=kip256">Daylyn</a> sends in the following ad he recently saw that points out that Netflix and Redbox don't carry this movie:
<center>
<img src="http://farm5.static.flickr.com/4061/4485090593_e56a7ed20d.jpg"/>
</center>
Apparently, this is all part of Blockbuster's new WB-partnered advertising campaign: "hey, the movie studios screwed over our competitors! rent from us!"  Looking around, it appears <a href="http://www.slashfilm.com/2010/03/25/new-blockbuster-advertising-slams-netflixredbox/" target="_blank">a few others have noticed this campaign as well</a>, which went into place quite quickly after the WB deal was announced.<br /><br /><a href="http://www.techdirt.com/articles/20100402/1833238859.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100402/1833238859.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100402/1833238859.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>getting-desperate?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100402/1833238859</wfw:commentRss>
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<item>
<pubDate>Fri, 5 Mar 2010 18:59:00 PST</pubDate>
<title>Netflix, Warner Bros., Sued In Class Action Lawsuit Over Delayed Movie Window</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100305/1548298442.shtml</link>
<guid>http://www.techdirt.com/articles/20100305/1548298442.shtml</guid>
<description><![CDATA[ Warner Bros. has been busy getting both <a href="http://www.techdirt.com/articles/20100106/1804437638.shtml">Netflix</a> and <a href="http://www.techdirt.com/articles/20100216/1449188186.shtml">Redbox</a> to agree to delay renting new release DVDs for 28 days, in the misguided belief that this will get more people to buy the DVDs.  While Netflix has tried to spin this as <a href="http://www.techdirt.com/articles/20100120/1853427844.shtml">benefiting customers</a> it appears plenty of customers see otherwise.  Specifically, at least one customer has <a href="http://gothamist.com/2010/03/05/manhattan_woman_sues_netflix.php" target="_blank">filed a class action lawsuit against both Warner Bros. and Netflix</a>, alleging that this is restraint of trade and has decreased the value of a Netflix subscription (thanks to Eric for sending this over).  It seems unlikely that this lawsuit will get very far, but it certainly suggests that at least some Netflix customers are none too pleased with this move, despite Netflix's claims.<br /><br /><a href="http://www.techdirt.com/articles/20100305/1548298442.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100305/1548298442.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100305/1548298442.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pissing-off-customers-left-and-right</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100305/1548298442</wfw:commentRss>
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<pubDate>Mon, 1 Mar 2010 12:49:00 PST</pubDate>
<title>Even Senators Hated NBC Universal's Olympic Coverage</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100301/0252398339.shtml</link>
<guid>http://www.techdirt.com/articles/20100301/0252398339.shtml</guid>
<description><![CDATA[ With NBC Universal already under a fair amount of <a href="http://www.techdirt.com/articles/20100204/1810198057.shtml">scrutiny</a> by the Senate, as it seeks to merge with Comcast, it seems that it's <a href="http://www.techdirt.com/articles/20100217/1511548205.shtml">antiquated</a> broadcast schedule of the recent Olympics isn't helping matters.  Senator Herb Kohl apparently <a href="http://vancouver2010.blogs.nytimes.com/2010/02/26/senator-asks-nbc-to-explain-internet-restrictions/?ref=sports" target="_blank">sent a letter to NBC Universal boss Jeff Zucker</a>, asking him to explain why NBC Universal's Olympic coverage was so incredibly lame.  More specifically, he questioned if NBC's incredibly restrictive online Olympics video (much more restricted than two years ago at the Beijing summer Olympics) is a preview of "what is to come with respect to TV programming shown on the Internet."
<br /><br />
While it may be a bit of a stretch to connect the two, it does seem like particularly poor timing and bad strategy by NBC Universal officials.  Just as they're trying to convince the Senate (and others) that of course their content will be widely available in a post-merger world, they thought it would make sense to massively restrict the content shown during the Olympics -- including requiring viewers to first prove they had cable TV access from certain cable providers?  And no one at NBC Universal thought that the loud complaints all over the internet about the ridiculous process and restrictions might wake up someone in the Senate?<br /><br /><a href="http://www.techdirt.com/articles/20100301/0252398339.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100301/0252398339.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100301/0252398339.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ouch</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100301/0252398339</wfw:commentRss>
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<pubDate>Thu, 18 Feb 2010 04:33:00 PST</pubDate>
<title>NBC's Delayed Telecasts Show A Company Living In The Last Century</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100217/1511548205.shtml</link>
<guid>http://www.techdirt.com/articles/20100217/1511548205.shtml</guid>
<description><![CDATA[ This is just bizarre.  As NBC continues its screwed up process of broadcasting the Olympics by delaying the actual telecast of important events until prime time, apparently a bunch of folks are <a href="http://publiceditor.blogs.nytimes.com/2010/02/17/the-olympics-dont-tell-me/?src=tptw" target="_blank">pissed off that real news sources are reporting on what's actually happened</a>.  They're targeting the wrong thing, of course.  If they're upset that the news is being reported before it's being shown on TV, the real problem is NBC's decision not to show stuff live on TV or to webcast it for those who would prefer to see it live.  But people are taking out their anger on newspapers who are giving live reports of what's actually happening:
<blockquote><i>
<p>"Could you please ask the editor of the front Web page to not name the winners within the headlines/sub-headlines?" asked Ken Waters of Phoenix.&nbsp; Matt Gooch of Harrisonburg, Va. said he was disappointed when The Times reported the results of the men's downhill before NBC showed the event.&nbsp; "This is not Taliban news, nor TARP news, or even Paula Jones type news," Gooch said.&nbsp; "There is no meaning to this except the anticipation and suspense that sports viewers feel watching the event live.&nbsp; Please help me understand why your organization needs to spoil the experience."
<br /><br />
Other news organizations are hearing similar complaints.&nbsp; Liz Spayd, managing editor of The Washington Post,<a href="http://www.washingtonpost.com/wp-dyn/content/discussion/2010/02/16/DI2010021601287.html"> told a reader</a> who asked for a spoiler alert yesterday that, "It's an issue we're trying to evaluate right now."&nbsp; She said that it's a tricky question "for a news site whose greatest value is to break news. We don't want to be the game spoilers, but when big news happens -- an unexpected gold for the U.S., for example, we want it prominently visible on the site."
</p></i></blockquote>
Thankfully, the NY Times "has no intention of changing its approach," recognizing that it's a news organization, rather than a business to prop up NBC's ridiculous broadcast scheduling choices.
<br /><br />
This does highlight a larger issue that I've been noticing lately.  In our more "real-time" society, especially with things like Facebook and Twitter, the idea that you can hide from "spoilers" is increasingly arcane.  Now, for most broadcasters (other than NBC, apparently) this should represent good news: as it will drive more people to watch content live, rather than trying to save it for later, since they'll want to avoid spoilers ahead of time.  In this case, though, NBC has apparently decided that it knows better than to enable such things.
<br /><br />
Of course, plenty of people <i>are</i> smart enough to realize just how badly NBC is managing this, falsely believing that people will just sit and wait until NBC decides to show what it wants, rather than letting people actually<i>follow</i> what's happening.  News reports are <a href="http://www.kansascity.com/495/story/1754875.html" target="_blank">popping up</a> highlighting how many people are <a href="http://www.guardian.co.uk/world/richard-adams-blog/2010/feb/17/nbc-2010-winter-olympics-vonn" target="_blank">pissed off at NBC</a> for the ridiculous decision to hide live events in a real-time world.  With the end result being that NBC's brand is <a href="http://deadspin.com/5472940/everyone-agrees-nbcs-olympic-coverage-sucks?skyline=true&#038;s=i" target="_blank">being dragged through the mud</a> for not understanding how to broadcast a sporting event in a real-time world:
<blockquote><i>
"In the age of DVRs, Hulu, and mobile phone scoreboards, the pointlessness of NBC's broadcast strategy -- Olympics and otherwise -- has never been more obvious. People don't eat dinner during Nightly News then settle in for three hours of prime-time network programming anymore. They want things when they want them, not when NBC wants them."
</i></blockquote>
NBC's bizarre reasoning for this is that it wants to put all the "highlight" moments during prime time when it can sell the most advertising.  But, apparently no one there thought that perhaps they could show the actual events <i>live</i> and then use prime time for a nice summary of what happened that day at the Olympics.  In that way, they might actually get <i>more</i> viewers.  If you ever wanted the epitome of a company still living in the last century, it appears to be NBC Universal.<br /><br /><a href="http://www.techdirt.com/articles/20100217/1511548205.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100217/1511548205.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100217/1511548205.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wow</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100217/1511548205</wfw:commentRss>
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<pubDate>Tue, 16 Feb 2010 16:10:42 PST</pubDate>
<title>Redbox Caves To Warner Bros., Will Delay New Movie Releases From Kiosks</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100216/1449188186.shtml</link>
<guid>http://www.techdirt.com/articles/20100216/1449188186.shtml</guid>
<description><![CDATA[ Some of the movie studios (admittedly, not all of them) have been on a braindead fight against Redbox -- despite the fact that Redbox had created a service that people <i>liked</i> and were <i>paying for</i> and that <i>generated revenue</i> for the movie industry.  There are still <a href="http://www.techdirt.com/articles/20091019/0403026583.shtml">ongoing lawsuits</a>, but today came the news that <a href="http://news.cnet.com/8301-31001_3-10454366-261.html" target="_blank">Redbox caved to Warner Bros., on the most important point: delaying the availability of new release movies</a> until 28 days after the release.  Yes, this is the same deal that Warner Bros. <a href="http://www.techdirt.com/articles/20100106/1804437638.shtml">convinced Netflix to agree to</a> last month.  Basically, Warner Bros. is telling people to either <i>not rent</i> its video or to download them from an unauthorized source.
<br /><br />
The whole thing makes no sense at all.  Warner Bros. mistakenly thinks that if people can't rent a particular DVD in the first four weeks of release, they're more likely to shell out money to actually buy the DVD.  This is Warner Bros. pretending that it can influence customer behavior by denying them what they want.  That's a strategy that has never worked well.  What this means is that at the moment when Warner Bros. actually puts some marketing effort behind the DVD release, that movie <i>will not be available</i> from the most popular rental options.  And, the bizarre reasoning put forth by Netflix that this would <a href="http://www.techdirt.com/articles/20100120/1853427844.shtml">benefit customers</a> by improving inventory and availability of movies is <a href="http://techcrunch.com/2010/02/16/warner-bros-redbox-rentals/" target="_blank">not seen in reality</a>.  So rather than pissing off some customers because a movie is not available, you're now pissing off <i>all customers</i> by making the movie not be available <i>on purpose</i>, and then effectively massively <i>increasing</i> the amount of time they have to wait to see the movie?  Does no one at Warner realize that a lot of those "customers" will simply decide to go see other movies or to download an unauthorized copy instead?
<br /><br />
Based on Warner Bros., logic here, why release movies at all?<br /><br /><a href="http://www.techdirt.com/articles/20100216/1449188186.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100216/1449188186.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100216/1449188186.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>dumber-and-dumber</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100216/1449188186</wfw:commentRss>
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<pubDate>Thu, 21 Jan 2010 08:34:00 PST</pubDate>
<title>Netflix Exec Claims That Delaying Movie Rentals For A Month Benefits Customers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100120/1853427844.shtml</link>
<guid>http://www.techdirt.com/articles/20100120/1853427844.shtml</guid>
<description><![CDATA[ With Netflix caving in to Warner Bros. and agreeing to <a href="http://www.techdirt.com/articles/20100106/1804437638.shtml">delay</a> offering DVDs for 28 days after release in order to get movies to stream online, it certainly pissed off a bunch of Netflix subscribers.  But, you've apparently got it all wrong.  A Netflix exec is now trying to explain how <a href="http://www.dslreports.com/shownews/Netflix-Exec-Defends-28-Day-Deal-106496" target="_blank">the deal is pro-customer</a> because it will keep demand down for the DVDs, meaning that when they finally do come out, you may have a better chance to rent them.  Seriously:
<blockquote><i>
The most practical reason is that the savings derived from this deal enable us to be in stock completely on day 29. Remember that we're a subscription service and the way that you manage the economics of a subscription service is to manage the demand of any disc, depending on the economics of the disc. In the case of the most expensive disc, which in this case is a Warner Bros. disc, purchased through a 3rd party, those discs were out of stock for far longer than 29 days for most Netflix subscribers.
<br /><br />
So what were able to is create a deal with them that gave them a little open running room in terms of creating a sell-through window ahead of rental, for us, and hopefully that they'll find enough value in that it'll extend to other retailers and other studios will take note and it'll extend across other studios as well. The net savings derived from technically creating a better customer experience have been redeployed in additional streaming content for all customers.
</i></blockquote>
I'm still trying to parse this, but it really does sound like he's saying that Netflix couldn't handle the demand for new releases before, so by getting rid of them entirely, it may be able to handle them on the 29th day, since fewer people will care about renting that movie then.  Now, you could claim that's a better customer experience if you ignore the 28 days in which <i>no one</i> on Netflix can rent the movie (though they can get it elsewhere).  But if you realize that you're now taking away the ability to serve all of your customers for nearly a month at the point when their demand is likely to be the highest... well, that doesn't seem very customer friendly at all.<br /><br /><a href="http://www.techdirt.com/articles/20100120/1853427844.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100120/1853427844.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100120/1853427844.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>assuming-you-didn't-want-to-see-that-movie-when-it-was-released</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100120/1853427844</wfw:commentRss>
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<pubDate>Fri, 11 Dec 2009 06:13:00 PST</pubDate>
<title>Book Publishers Starting To Delay eBook Releases -- Taking Bad Ideas From Hollywood</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091210/0529527289.shtml</link>
<guid>http://www.techdirt.com/articles/20091210/0529527289.shtml</guid>
<description><![CDATA[ It's no secret that many book publishers are somewhat <a href="http://www.techdirt.com/articles/20091124/0256097067.shtml">uncomfortable</a> with the ebook market, fearing that it will cannibalize the existing book market, with lower expected prices or (gasp!) piracy.  Still, you would think they would know better than to repeat the mistakes of other industries.  <a href="http://twitter.com/copycense/statuses/6529930467" target="_blank">Copycense</a> alerts us to the news that some ebook publishers are copying the movie studios with their <a href="http://www.techdirt.com/articles/20091026/0347016672.shtml">obsession with windowed releases</a> and are <a href="http://artsbeat.blogs.nytimes.com/2009/12/09/publishers-delay-e-book-releases/" target="_blank">delaying the release of ebooks</a> by as much as four months after the release of the hardcover book.  Amazon's response to the news sums up why this is a huge mistake:
<blockquote><i>
"Authors get the most publicity at launch and need to strike while the iron is hot. If readers can't get their preferred format at that moment, they may buy a different book or just not buy a book at all."
</i></blockquote>
Or they might just get an unauthorized digital copy.  Hard to understand businesses that think it's reasonable to not offer customers what they want (especially when they're willing to pay for it).<br /><br /><a href="http://www.techdirt.com/articles/20091210/0529527289.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091210/0529527289.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091210/0529527289.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>why-not-just-point-them-directly-to-the-pirate-bay?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091210/0529527289</wfw:commentRss>
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<pubDate>Wed, 7 Oct 2009 17:05:00 PDT</pubDate>
<title>AP Wants To Charge For Scoops</title>
<dc:creator>Dennis Yang</dc:creator>
<link>http://www.techdirt.com/articles/20091007/1202596448.shtml</link>
<guid>http://www.techdirt.com/articles/20091007/1202596448.shtml</guid>
<description><![CDATA[ The Associated Press is <a href="http://www.readwriteweb.com/archives/monetizing_speed_ap_may_charge_for_30_min_lead.php">considering charging an extra fee for early access to its stories</a>.  The AP's Tom Curley believes that news organizations like Yahoo, Google and Microsoft, would be willing to pay a premium for a 20-30 minute head start on scoops.  Now, lest some of you compare this product with Techdirt's own <a href="http://www.techdirt.com/rtb.php?tid=200" target="_blank">Crystal Ball</a> offering, there is a key difference.  AP's product depends on the <em>timeliness</em> of its stories, whereas Techdirt's stories are more focused on analysis -- we do not focus on breaking stories, but when we do, we do not hold them back for the Crystal Ball subscribers to view them.  In any case, while this may sound like an enlightened idea for the AP, I'm not really sure it makes much sense.  Currently, all of AP's licensees get all of the scoops at the same time, off the same wire.  With this system, what the AP is doing is effectively weakening that existing product, and then creating a "new" product that, when the dust settles, is really what most of the customers were getting in the first place.  It's not that the scoops are released 20-30 minutes <em>sooner</em>, but rather, if you don't pay the premium, you get the stories you would normally get <em>later</em>.  Now, there's nothing wrong with this model, for example, stock quote services have long been able to charge more for real-time information, but for the AP to market this as a premium service seems like disingenuous marketing.  Furthermore, given the AP's track record for trying to claim ownership over the news that it reports (like creating a <a href="http://www.techdirt.com/articles/20090803/1826025759.shtml">DRM system for news</a>), what happens when the now-hamstrung AP wire is scooped by a reporter who was tipped off by AP's own product?<br /><br /><a href="http://www.techdirt.com/articles/20091007/1202596448.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091007/1202596448.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091007/1202596448.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-quite-the-crystal-ball</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091007/1202596448</wfw:commentRss>
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<pubDate>Fri, 10 Oct 2008 12:40:00 PDT</pubDate>
<title>Ubisoft Says It's Delaying A PC Game Due To Piracy; But That Makes No Sense</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081010/0043372513.shtml</link>
<guid>http://www.techdirt.com/articles/20081010/0043372513.shtml</guid>
<description><![CDATA[ Ubisoft, the video game company that has a <a href="http://www.techdirt.com/articles/20060331/1549225.shtml">history</a> of doing exactly the <a href="http://www.techdirt.com/articles/20080808/0209051929.shtml">wrong</a> things in response to unauthorized sharing of its video games, is at it again.  A bunch of readers have sent in some odd quotes from Ubisoft exec, Michael de Plater, <a href="http://www.rockpapershotgun.com/2008/10/08/endwar-delayed-because-piracys-killing-pc/#comment-97968" target="_new">who blames PC game file sharing for a delayed release</a> of the new game EndWar on the PC platform:
<blockquote><i>
To be honest, if PC wasn't pirated to hell and back, there'd probably be a PC version coming out the same day as the other two.  But at the moment, if you release the PC version, essentially what you're doing is letting people have a free version that they rip off instead of a purchased version. Piracy's basically killing PC."
</i></blockquote>
Now, Plater may believe that, but it's hard to square up with reality.  The video gaming experience on a console is quite different than on a PC.  And you'd be hard pressed to find a serious console owner who would focus on playing a good game on their PC rather than on the console.  You <i>could</i> potentially make the argument that if the game really <i>sucked</i> some might test it out on the PC and decide it's not worth paying for -- but unless he's saying the game sucks, it's hard to take the claim seriously.<br /><br /><a href="http://www.techdirt.com/articles/20081010/0043372513.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081010/0043372513.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081010/0043372513.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-little-logic,-please</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081010/0043372513</wfw:commentRss>
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