For anyone who isn't familiar with the major problem the Myriad testing monopoly causes, I can explain based on first hand experience. Mutations of the BRCA1 and BRCA2 have been identified as the single most reliable indicator that a woman is at risk for breast cancer. Although recommendations for when and how early the general population should be tested, there is almost unanimous agreement that women who have those mutations begin regular testing at an earlier age and supplement mammograms with MRIs.
A few years ago my sister in-law was diagnosed with breast cancer at an unusually young age. She had excellent insurance so it was pretty much automatic that she would be tested for the BRCA mutations. When that came back positive she was then told she should recommend that her parents and siblings - both female and male - be tested as well. My wife could not get the test because Myriad charges $4000 and after her (relatively good) insurance the out of pocket cost to us would still have been significantly more than we could afford.
Right now we know for sure that her other sister and father both have the mutations. Unless she either has access to a less expensive test or gets one of Myriad's charity awards to defray the expense we won't know if she does or not. For the moment we have to assume she does.
Oh he's been talking out his backside well beyond the gaming business for a long time. I think he slipped out of his pen when the Homebrew Xbox media center crowd forgot to close the gate behind them one day. By the time the next generation of consoles came out he had positioned himself right in the middle of the Blu-ray vs HD DVD vs Netflix and Redbox prediction racket.
I never got into tracking the individual blowhard self promoters in his racket but right off the top my head I seem to recall he saved his firm's clients hundreds of millions in profits by practically bathing in the Blu-ray Kool-Aid and missing the streaming bus until it ran over him the 3rd or 4th time.
The problem with Pachter's argument is it ignores how the CRB judges essentially rewrote the law for determining royalties. The law says they are required to determine what would have been negotiated in a theoretical open market because obviously no such thing actually exists. The CRB judges rationalized their insane royalty rates by claiming they were required to pretend the actual market was open. That's simply a lie.
Both sides came into the process with standard negotiating posisions. That means they were each asking for more than they were expecting to get. Instead of finding a reasonable middle ground, like both sides certainly expected the judges simply rubber stamped (literally) the RIAA's opening negotiating position.
Of course, despite the actual legislative mandate, this was exactly what the lobbyists who wrote the law were hoping for. The original language from the DMCA established an arbitration panel (CARP) which only had the authority to recommend webcaster royalty rates. The ultimate authority rested with the Librarian Of Congress. CARP's recommendation in the previous royalty proceeding was just as ridiculous as what the CRB came up with but it was reduced significantly by the Librarian of Congress. The RIAA's Congressional sock puppets responded by removing the Librarian from the process entirely. Creating an administrative (kangaroo) court - the CRB - gave them the necessary cover to take away the Librarian's authority.
Imagine that. The President who was slapped down by the Supreme Court for the biggest illegal wiretapping operation in history says mass surveillance is good. In other news Ronald MacDonald recommends you eat a Big Mac and a handful of french fries at least 3 times a day.
It's hard to see this as news considering it's basically the exact same thing that happened with the development of the Xbox 360.
It's easy to forget that the original Xbox started out as a a hobby/vanity project of some Microsoft engineers who posited they could make a game console out of a relatively low end Windows PC - aka the DirectX Box. Since it was generally overlooked by the key players at Microsoft who were focused entirely on Windows and Office it ended up being a wonderfully open platform for hobbyist developers. Those hobbyists (not Microsoft or Sony) were the ones who transformed the game console into an all-in-one media platform. In fact XBMC (ie the Xbox Media Center) has thrived as a HTPC platform completely independent from the Xbox.
The Xbox 360 was not a hobby or vanity project. It was envisioned from the start as a way to generated subscription revenue via Xbox Live. It worked well enough in the short term but thanks to locking out the innovators who made the original more than just a PC or a PS2 copycat they ended up hitching their wagons to old media with the Xbox One.
This is a perfect example of something I've been telling people for years now. It applies to everything from IP and trade to faux national security issues like this.
The power elite in the US are used to getting whatever they want by just twisting arms because they come from the post-WWII era when other countries really did need the US. That hasn't been true for quite some time now but because their counterparts in other countries didn't understand that for many years it has continued to work. The citizens, on the other hand, have been much quicker to grasp the changing reality and they're doing their own arm twisting.
Actual policy change has been slow but political disruption is fundamentally no different than economic disruption. It starts small and appears to be inconsequential to the players at the top but once it gathers steam a handful of pebbles quickly turns into an unavoidable landslide. This is simply a glimpse of the landslide that's been growing for at least 25 years.
Just remember, these are the people CISPA supporters want to put in charge of "securing" the entire Internet infrastructure in the US.
This reminds me of the famous letter a lawyer for the Cleveland Browns wrote to a season ticket holder who complained about other fans throwing paper airplanes and threatened to sue the team in the event one hit him in the eye:
I feel that you should be aware that some asshole is signing your name to stupid letters.
I keep looking through the US Constitution for the execptions the government keeps using to justify all these 4th Amendment violations but I just can't seem to find them. Maybe somebody here can help me out.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Or maybe it's not a bizarre move at all. Think of it like a poker game. The DOJ thought they had a good hand because the MPAA sock puppets in IP enforcement told them so. Besides the deck is almost always stacked in their favor. Under Federal law there's almost always something to fall back on for leverage (ie plea bargain extortion) like making false statements or computer hacking.
In this case, though, it turns out the deck isn't stacked the way they thought it was so now they have to actually play the hand they were dealt or fold. Keep playing and there's a good chance they lose. Plus everybody gets to see their cards. Fold and they can keep their cards secret but at the cost of admitting how bad they were. Or they can go with a third option to create a distraction and then throw all the cards on the floor.
While that may kill their case it also prevents MegaUpload from proving their innocence. The government can continue to make whatever claims they want against MegaUpload because they got off "on a technicality." Instead of proof of government overreach and corporate influence it becomes more proof we need tougher IP laws.
That's assuming the government can't win based solely on the quasi-religious deference most judges give to statements from law enforcement officials.
What did private property ownership ever do for us besides providing the fundamental underpinnings of modern democracy?
First off, very nice job with that analysis. I think you're absolutely correct that sports programming is probably the biggest key to pay TV's future simply because of the huge amounts of money and complex web of contractual relationships involved. That's without even considering the technical hurdles in delivering delivering real time programming on a national scale given the current state of US broadband.
Now here's why I think it's going to happen anyway, perhaps starting as soon as the next 3-5 years. Depending on the contracts involved perhaps more like 8-10. As you note in that piece, a lot of people are switching from cable to satellite and I'm sure sports are one of the major factors in that.
In terms of the NFL and NBA I don't think there will be any big changes any time soon. However baseball is a different story for a number of reasons. First off they are not nearly as well situated financially so there's motivation for the owners. In addition there is, by and large, less national interest in most baseball teams and therefore a much more fragmented broadcasting market.
More importantly, the reason it remains that way when the NFL and NBA have consolidated nationally is the fragmentation of the owners which is why there is no salary cap and a huge revenue disparity between teams. Likewise there is a disparity between sports networks. While it's true that Fox Sports is a growing threat to ESPN, Comcast SportsNet remains second tier and primarily regional. Local and regional markets, including cable providers, are much more important to them than they are to a national satellite service.
Finally there's the question of what cable operators can offer that satellite can't. If they're going to compete that's going to be key because without widespread consolidation they can't compete financially. The answer is Internet service. Also keep in mind that there's a big push among traditional telcos to get into TV programming to compete with cable. I might also add in the wildcard of Google Fiber since they happen to operate in a market where one of the most financially disadvantaged teams is located and their infrastructure is so advanced for the US.
Now let's say CSN sets up an IP-based service offering packages from various MLB teams and sells it through any broadband provider who's interested. There would be some technical questions to deal with like what kind of box would be required, whether it could be delivered via the regular CATV lineup and IP, one or the other, and possibly whether/how to offer some type of VOD component. It would certainly need to be accessible off-network from other devices. It could even, theoretically, be available through streaming appliances like Roku sells as an option for people who have them.
Just looking at the local market here in Des Moines I can see a lot of potential for that. The cable company gets more angry calls every year from baseball fans than anyone else. When Chicago Cubs baseball moved from WGN to CSN they had to choose between carrying Cubs and Cardinals games. They went with the Cardinals. They said it was about audience numbers (maybe true) but I believe there was a strong financial component.
In any case it doesn't matter which one they go with. There will be a good sized unserved audience for the other. Not to mention the significantly smaller, but still good sized in the aggregate, number of people who would pay to see less popular teams like the Twins, Brewers, and Royals. Offer them an IP-based option and I suspect there would be a lot of takers. The cable company (Mediacom) might prefer not to offer such a thing except that it gives them something to compete with the more expansive sports offerings from DirecTV. If the local telco (Centurylink) jumped on it Mediacom would pretty much have to.
I'm not saying this is what's going to happen and I certainly can't know when but I'm sure something will eventually. In fact in the long run I expect it will come directly from the leagues and teams as the money for insane broadcast contracts (especially for the NFL) dries up.
The most important thing to remember is that you can't look at the current market leaders to find the trend of the future because all you're going to see there is more of the same. That's a nearly universal truth. Market leaders keep doing whatever has brought the most success in the past until they've been knocked down a couple pegs When they're as big, arrogant, and generally clueless as ESPN/Disney and Fox usually until they drive themselves into the ground.
Remember, this is free, over the air, network television we're talking about. But they're so frightened of pissing off the cable/satellite guys from whom they make boatloads of money, they won't offer the content to cord cutters -- only to people who are already paying ridiculous sums for cable/satellite TV.
Well-heeled content providers like ESPN would not be hurt financially by subsidies
I would be shocked if Steele, or even Prenda's paper principal Paul Duffy, made any claims WRT the factual claims. They effectively painted themselves into a corner when the took the 5th in California. Prenda will most likely file their usual nonsensical procedural arguments attempting to drag the whole thing out as long as possible. At this point they have nothing to lose considering any potential monetary sanctions will most likely be a drop in the bucket compared to the damages likely to be awarded for the identity theft claims.
It's all OK. He is just upset and wants to take his ball and leave. As he is fully entitled to do.
I'd really like to see him tell all the CBS affiliates they can no longer broadcast his company's content over the air. That is essentially what he's saying.
Besides the obvious avalanche of lawsuits from all those station owners I'm guessing the public outrage would have every grandstanding politician in the country lining up to take a swing at the CBS pi?ata.
It looks like there's a typo on that form - the real one I mean. The UF clearly should be FU.
On a more serious note, at least as serious as one can be about such a retarded argument, using the chief's logic I should be able to rob as many banks as I want by simply filling out a checklist afterward and checking items like, "no gun used" and "any property taken was actually mine." I don't think there are any laws saying my word isn't just as good as theirs after all.
How to read a press release
Mad Magazine used to occasionally run a feature called, "When They Say... They Mean." With apologies to the late Bill Gaines I present my interpretation of Microsoft's non-denial denial.