[opendtv] Re: Is 'Fair Use' in Peril?
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Fri, 3 Dec 2004 09:11:29 -0500
At 11:18 AM -0500 12/2/04, Manfredi, Albert E wrote:
>Exactly! Which is why Congress should consider
>allowing fast forward in recording devices, even
>if it decides to ban the outright skipping function.
>
>As a matter of fact, I would suggest that FF makes
>the viewer pay *more* attention to the ad, because
>he has to concentrate until the program begins
>again. As opposed to just reading the paper during
>the ads. And ads can be designed to work well when
>watched in FF mode.
I seriously doubt that any law passed by Congress that REQUIRES
viewing content as it is presented (sequenced), could hold up to a
court challenge. Outlawing FF and Rewind is not feasible.
> > I find it interesting that the migration to DVD
>> is now beginning to threaten the traditional
>> distribution channel of advertiser supported TV
>> programming. Millions of people are buying DVDs
>> with complete series of TV programs, all without
>> commercials. And the content owners are making
>> even more money selling their content directly to
>> consumers.
>
>This is simply a different business model. This is
>more like Hollywood selling movies on DVD or VHS.
No, it is simply another step in the evolution of the business model
for distribution of content. I have often written about the TV food
chain, as a kind of waterfall, where content moves from high profit
PAID distribution to advertiser supported "free" distribution over
time.
Remember the good old days when the Networks captured HUGE ratings
with the "World Television Premiere" of Hollywood movies? Now the
networks rarely even show theatrical movies, and when they do, they
have already been through the paid viewing window and packaged media
release. Bottom line, the media conglomerates now take in better
than $15 billion in packaged media sales, and additional millions
(billions?) through the PPV/HBO/Starz/Showtime windows.
Yesterday Bert was concerned about how content will be paid for if
commercials become ineffective. I would suggest that they have been
growing less and less effective for two decades, and that viewers
have established an economic preference for direct payment for
content when they want to be entertained WITHOUT interruptions.
The move to direct release (on DVD) of episodic television is simply
a "rerun" of what has already happened on theatrical features. This
approach deals with ad skipping quite effectively, not to mention
driving more revenue to the bottom line for the media conglomerates.
>
>I also find the concept interesting, but it
>doesn't invalidate the broadcast TV model. I will
>bet that those DVD sets would not sell nearly as
>well if the content were not also being broadcast
>and talked about by the office crowd. Besides,
>only some shows are available on DVD.
Broadcast TV is filled with old movies; and old TV programs. These
programs do not capture the huge audiences of "The Golden Age of TV,"
but they do generate niche audiences that are profitable for
broadcasters - especially independent broadcasters that do not have
prime time programming from a network.
In essence, advertiser supported TV is now at the bottom of the
waterfall - i.e. next to last on the food chain. Last place is
reserved for those tapes on the shelves, filled with old movies and
sporting events that will never watch again.
>
>Ads are important. "Targeted ads" are only
>slightly less likely to be zapped than other ads.
>So a good answer is needed regardless.
Advertisers will always find a way to put messages in front of us.
Consumers will continue to find ways to avoid ads that they do not
want. Opting INTO ads is a VERY different approach. In essence, you
are agreeing to view an advertiser message in return for the
advertiser to spend a bit more to pay for your content. I like to
think of this as a marketplace where advertisers BID for your
attention. The viewer will be able to review these bids and choose
what is of interest, and equally important, choose the best deals in
terms of what they receive in return for opting in.
Regards
Craig
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