<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0"
xmlns:dc="http://purl.org/dc/elements/1.1/"
xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
xmlns:wfw="http://wellformedweb.org/CommentAPI/">
<channel>
<title>Techdirt. Stories filed under &quot;hopper&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
<language>en-us</language>
<image><title>Techdirt. Stories filed under &quot;hopper&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<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>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130408/12161722625</wfw:commentRss>
</item>
<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>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130111/00145421637</wfw:commentRss>
</item>
</channel>
</rss>