Mediapost quotes the Justice Department's filing siding with the broadcasters' argument that Aereo is infringing on their copyright by saying:
“Because [Aereo's] system transmits the same underlying performances to numerous subscribers, the system is clearly infringing.... Although each transmission is ultimately sent only to a single individual, those transmissions are available to any member of the public who is willing to pay the monthly fee.”
“A consumer’s playback of her own lawfully acquired copy of a copyrighted work to herself will ordinarily be a non-infringing private performance, and it may be protected by fair-use principles as well.”
As I've said before, I'm no lawyer, but I'm having trouble following this line of reasoning. This core issue is whether the Aereo stream is a "lawfully acquired copy of a copyrighted work," but if I put an antenna on my house, I lawfully acquire the content in question. This doesn't explain why a single-subscriber antenna in a data center doesn't lawfully acquire the content.
If it hinges on multiple people paying to view the same underlying performance, why didn't Sony lose the Betamax case, since the VCR made the same underlying performances available to anyone who paid the amount to buy the device? What if Aereo changed its model from a monthly fee to purchasing an antenna, and maybe a tiered monthly fee for different amounts of storage?
While this $320 million acquisition of a behind-the-scenes ad tech company seemingly pales next to Comcast's splashy $45 billion bid for Time-Warner, it is a more important transaction for the evolution of television advertising. FreeWheel provides essential functionality for the networks to maximize revenue as their advertising inventory splinters across computer, tablet, and smartphone devices as well as cable, Internet, and mobile delivery systems.
On February 24, Oracle announced it was buying data management platform BlueKai for an estimated $350 million, to add to its enterprise marketing suite.
This acquisition is the latest in a string of big-ticket purchases that Oracle has made recently to further flesh out its marketing offerings. In 2012, it acquired Eloqua, a marketing automation firm, and in 2013, Oracle bought cross-channel marketer Responsys. There have been smaller acquisitions along the way, too. The combination is meant to position Oracle as a serious competitor to established enterprise-level marketers, specifically, salesforce.com and Adobe.
I think that marketers should take notice of this latest move by Oracle and ask themselves a few questions about it. More specifically:
Calling Aereo a “direct assault” on the broadcast industry's business model, a coalition of TV companies indicated in court papers that Aereo's continued existence could mean the end of free over-the-air television.
In my reading of the Constitution, I see neither a right to free TV nor protections for an existing business model (snark over).
Instead of launching their new flagship device at a separate event like last year, Samsung decided to leverage Mobile World Congress to cast a shadow on some other devices’ announcements. Expectations have been high in the past two weeks about what Samsung could announce. And while the atmosphere was not as crazy and irrational as for an Apple announcement, you could still feel today in Barcelona that expectations have been raised for the new smartphone sales leader.
As I pointed out in my post two weeks ago on what to expect at MWC, the Barcelona trade show is strongly biased on hardware specs. No exception to the rule here. The Samsung Galaxy S5 looks very promising on that front: faster, thinner, better battery and camera, etc. What’s more differentiating here is the positioning of the S5 as a fitness phone. It comes with a growing range of smart wearables, such as the Gear Fit – a fitness wristband with a curved screen – with a nice design. This is a way for Samsung to better engage users, especially when used in conjunction with new services like the enhanced S Health 3.0. It offers more tools to help people stay fit and well – providing a comprehensive personal fitness tracker to help users monitor and manage their behavior, along with additional tools including a pedometer, diet and exercise records, and a new, built-in heart rate monitor. Galaxy S5 users can further customize their experience with an enriched third-party app ecosystem and the ability to pair with next-generation Gear products for real-time fitness coaching.
Together with Nokia X announcement this morning and Samsung Galaxy S5 later today, one of the most expected events of Day 1 at Mobile World Congress was Mark Zuckerberg’s keynote. He did not announce anything new and mostly shared his vision of the Internet.org coalition. Facebook wants to connect up to 3 billion people in the next five years.
Facebook already has numerous agreements with telecom operators worldwide – especially in emerging countries where the social media giant can be used to generate acquisitions of new customers. On the contrary, operators are a key distribution platform to help Facebook acquire its next billion customers.
This morning at MWC, WhatsApp’s CEO announced that the messaging app will enable voice within its app starting from Q2 2014. Services like WhatsApp are already cannibalizing SMS among smartphone owners as highlighted here by colleague Dan Bieler. What if WhatsApp does the same thing, further cannibalizing operators’ core voice revenues? This will for sure force operators to reinvent their business models and to embrace agile innovation and partnerships with OTT players. For example, Reliance in India and Mobily in Saudi Arabia have existing partnerships with WhatsApp.
However, Facebook’s CEO first keynote at MWC goes beyond the love-hate relationship with telcos.
What’s happening (that’s important) in the world of content marketing? This is your fortnightly round-up of the best of the best stuff online for marketers who think about content; for the previous “Fortnights”, go to the bottom of the post. (And for more information about what the Content Marketing Fortnight is, see my intro from the first one. Get this curated newsletter in your inbox every other week – send me a mail.)
I'm glad to see more quantification of online ads' impact for branding. But I lament that this kind of story is still headline-worthy. Why is it still so surprising that online advertising is effective and helps sell products?
After all, I wrote about the first Cross Media Optimization Study (XMOS) that documented the brand impact of the lowly banner ad for Dove Nutrium . . . when was that . . . must have been about 2001. And scores more of these studies have come out since. In my research with marketing mix modeling vendors, I hear that digital is readily quantified and has an important role in the mix.
So can we get beyond nonsensical biases about "banner blindness" and acknowledge the reality that ads don't have to be a Cannes-winning video extravaganza to get the message across?
Julianne Pepitone's review of the upcoming US Supreme Court case American Broadcasting Companies, Inc. versus Aereo nicely covers the case's implications on two big industries, old and new: television and cloud computing. (P.S. Thanks for the shout-out to me, Julianne!) The potential impact on the TV industry is pretty clear, but the cloud? I'm not a lawyer, but the issue is likely to turn on the difference between the copy being in the cloud or in your home.
In 1984, the Supreme Court upheld the right of individuals to make a recording of a television program for their private viewing in what has become known as the Betamax case. So far, lower courts have used this precedent, in combination with Aereo's clever technical design, to say Aereo is legal. For the Supreme Court to rule against Aereo, it will have to find that some aspect of their model is different from a VCR.
And there it is: The VCR sits in your living room, while Aereo is in the cloud. No doubt ABC and the broadcast industry will make the case that this is a crucial difference and since Aereo is the entity sitting on these copies of their programming, Aereo is infringing on their copyright. It will be fascinating to see the arguments in detail and see how the Court views them.
Julianne notes in her article:
If the court rules against Aereo, the startup and its supporters warn the ramifications could put other services that use remote, or cloud-based, storage -- Google Drive, Dropbox, remote DVRs and many more -- at risk. Any of those outcomes depend on the scope of the Supreme Court’s decision.