February 2010

The Fight Over Who Sets Prices at the Online Mall

Wary of the Internet's tendency to relentlessly drive down prices, major brands and manufacturers -- and now, book publishers -- are striking back, deploying a variety of tactics and tools to control how their products are presented and priced online.

"You are seeing firms of all types test the waters" with strategies to control online pricing, said Christopher Sprigman, associate professor of intellectual property at the University of Virginia School of Law and a former antitrust lawyer at the Justice Department. "They feel they have more freedom to do it now." In many cases that freedom stems from a 2007 Supreme Court ruling in the case of Leegin Creative Leather Products v. PSKS. The ruling gave manufacturers considerably more leeway to dictate retail prices, once considered a violation of antitrust law, and it set a high legal hurdle for retailers to prove that this is bad for consumers. Ever since that decision, retailers say manufacturers have become increasingly aggressive with one tool in particular: forbidding retailers from advertising their products for anything less than a certain price. For offline retailers like Wal-Mart Stores and Best Buy, that means not dropping below those prices in the circulars and ads in newspapers. But online retailers have a greater burden. Manufacturers consider the product pages on sites like eBay and Amazon.com to be ads, and they complain whenever e-commerce sites set prices below the minimum price.

Should TV Take Bite Out of Apple Playbook?

Is Apple's new e-book store a model for the television industry?

It is clear the existing TV arrangement, under which cable operators sell packages of channels on behalf of media companies, is fraying. Fights between the two sides over subscription fees are escalating—another such dust-up looms this year when Time Warner Cable's distribution agreement with Walt Disney's channels, including ABC and ESPN, comes up for renewal. Time Warner Cable CEO Glenn Britt noted last month that consumers were dissatisfied with the structure of cable-TV packages. He suggested operators and TV networks need to "offer a variety of packages, some of which might be slightly smaller." But a better approach might be for cable operators to get out of the business of packaging channels and simply sell access to their pipes, letting network owners market their programming directly to consumers. That is essentially how Apple's iPad bookstore will operate, as a storefront for book publishers to sell their books. Apple will take a 30% cut. It may be awhile before other media companies are as adventurous. Most generate big revenues from the fees they charge cable and satellite operators to carry their programming, including little-watched channels. A recent industry initiative to offer cable programming on the Internet is restricted to people who have a video subscription. But the current business model relies on forcing consumers to pay for large packages of channels, not all of which they necessarily want. Nielsen estimates households watched only 18 channels on average in 2008, out of the 130 they receive. SNL Kagan estimates monthly cable bills average $73, including premium channels.

White House press corps feels bypassed by Obama in favor of TV shows, YouTube

[Commentary] Six months ago, network executives were complaining that the White House was costing them tens of millions of dollars by pressing them to carry presidential news conferences in prime time. Problem solved: President Obama hasn't held a full-scale news conference since July. Instead, he answered a dozen people's questions last week on YouTube, most of them easily finessed and -- extra bonus! -- no annoying follow-ups of the kind posed by real, live journalists. It would be hard -- impossible, actually -- to argue that Obama hasn't been accessible to the media, not with his constant television interviews. The man has even done color commentary at a Georgetown basketball game. But the decision to bypass the White House press corps is no accident.

'The View' gets political -- viewers love it

It was the morning after President Obama's first State of the Union, which typically wouldn't mean much for daytime television shows and their menu of celebrity interviews, cooking tips and fashion segments. But the hosts of the ABC gabfest "The View" had a different agenda: dissecting the president's highly anticipated address. There was a time when talking politics on daytime TV would have been verboten -- too polarizing for the lifestyle shows aimed at stay-at-home moms and other female viewers. But after the vivid partisan wrangling on "The View" during the 2008 presidential race became water-cooler fodder, producers realized they had hit a rich vein. Since then, the show has unflinchingly tackled political issues and, in the process, upended traditional ideas about what women want to watch.

Technology leading to more invasive marketing

Advertisers and retailers are increasingly using technologies to mine for consumers' demographical information, create super-personalized ads and zero in on people's shopping habits. Proponents say new technologies are getting products that consumers want into their hands faster and eliminating ads that don't speak to them. But privacy advocates are concerned no one's asking people if they want targeted ads or if they agree to be studied as they shop.

ABC Affiliates Decry Migration of Sports to ESPN

ABC's affiliates are not only in a battle with the network over retransmission fees, but they are also boiling mad that corporate sibling ESPN is being handed live sports events they were initially supposed to carry.

The most recent move came in January when ESPN announced it planned to take eight NASCAR races this fall off ABC for the coming season to run on ESPN. Even before that, though, ABC coughed up the Rose Bowl beginning in 2011 and golf's British Open in 2010 to ESPN, which is majority-owned by Walt Disney, the full owner of ABC. Station executives argued that losing live sports events will not only cost them significant ad revenue and take away a negotiating chip with media buyers, but will also hamper their ability to promote other programming to male audiences. The latter is particularly true among ABC's Southern affiliates, where Nascar viewing is passionate. ESPN has the ability to cherry-pick sports from (or occasionally move sports to) ABC, because in 2006 ESPN in effect took control of ABC Sports. All sports programming on ABC is now produced by "ESPN on ABC," as the onscreen logo reads.

5 reasons why the Internet shouldn't get the Nobel Peace Prize

[Commentary] The Internet has been shortlisted as a candidate for the 2010 Nobel Peace Prize (along with dissidents and human rights activists from Russia and China). Here are five reasons why the Nobel committee should not give the award to this quirky candidate:

1) It doesn't deserve it. 2) It could kill Internet activism in authoritarian states. 3) It would undermine the reputation of the Nobel Peace Prize. 4) It would stifle a very important and still unfolding debate about the Internet's broader impact on society. 5) It would convince world leaders that politics is secondary to technology.

Iranians to shop online - whenever Internet cables aren't cut

[Commentary] Two unrelated news stories coming out of Iran last week reveal inherent tensions in how authoritarian governments view the Internet.

As the prospect of another wave of anti-government protests - scheduled for February 11 - looms large, it appears that the Iranian authorities decided not to take any risks with new models of Internet censorship. The cable cut in southern Iran has left roughly 30% of the country without access to the Internet. According to Bloomberg News, Moussavi's camp immediately accused Iranian authorities of deliberately obstructing Internet activities of the opposition (ironically, they did it via the Internet - through Moussavi's web-site). This seems like a plausible explanation even to my skeptical eyes: while cutting cables may be more expensive than conventional Internet filtering, but it's certainly more effective (no proxy server can go around cut cables!).

But that's not all: the Guardian reports than an Iranian technology company - owned by the government - has launched the country's first online supermarket. The e-supermarket currently offers 2,500 grocery and household items at competitive prices and operates only in Tehran (also, it wouldn't work on Fridays, the Islamic day of rest). According to the Guardian, the site is launched by Rouyesh Technical Centre, a technology group linked to Jahad-e Daneshgahi, a quasi-state institution that has been heavily promoting a host of other technologies (including cloning) in Iran.

The launch of the online supermarket prompted an interesting reaction from The Next Web blog: "You can't tweet or poke but you can buy fresh tomatoes!" This, I think, does a good job at summarizing the authoritarian approach to the Internet: let users drown in online consumerism and Internet entertainment but prevent them from getting involved in any unsanctioned political activities.

Broadcasting Is Lifeline In Haiti

Back from Haiti, Federal Communications Commission International Bureau Chief Mindel DeLaTorre said that there were about 25 representatives of the telecommunications industry in country helping assess the damage and meeting with Haitian officials.

The FCC sent a team to Haiti not long after the quake to help get the communications system up and running. DeLaTorre said that the TV and radio stations in the country, still coping with the aftermath of the devastating earthquake, were in particular need of help. "The earthquake affected all of Haits communications infrastructure, but the damage to radio and TV stations has been particularly debilitating because they are normally staffed 24/7 so the proportional loss of life and building and equipment damage was enormous," she wrote Friday evening in a blog posting. She talked of the importance of TV and radio as a point-to-multipoint lifeline: "A good thing about broadcasting is that it can reach so many people at once. Now more than ever, radio and TV is a critical source of information for the people of Haiti regarding location of food and water distribution, medical services, shelter, weather, etc."

Brennan: Google attacks heighten concern about national security

White House counterterrorism chief John Brennan said Sunday that cyberattacks are a matter of national security and that the administration is increasingly concerned since an infiltration of Google's servers in China. Brennan said the risks range from private business concerns and intellectual property rights to government secrets.