New York Appeals Court Seems Skeptical About Aereo Television Service

A federal appeals court panel is skeptical whether streaming service Aereo has the right to retransmit broadcast television content without permission, but has yet to issue a decision. Three judges of the 2nd U.S. Circuit Court of Appeals appeared ready to reverse July’s lower court decision that reluctantly gave Aereo approval.

ABC, CBS, Fox and NBC are among the networks appealing the lower court judge’s decision that cited a Cablevision DVR case to allow Aereo to operate.

“Cablevision was a storage service, not a retransmission service,” says Bruce Keller, the networks’ attorney. “Aereo is a retransmission service by its own design. Without a license, it violates copyrights.” Paul Smith, another lawyer for the broadcasters, told the panel that the startup was trying to turn the Cablevision case “into a complete carte blanche where people can violate copyrights.”

Meanwhile, Aereo insists that it is complying with copyright laws and provides a legal, alternate platform for free TV broadcasts. Attorney R. David Hosp argued that Aereo lets customers “rent remotely located antennas to access content they could receive for free by installing the same equipment at home,” notes the Wall Street Journal.

“Aereo has grown from 100 users to more than 3,500 in the last year and has expanded from Apple devices such as the iPhone and iPad to devices including Windows computers,” reports WSJ. “It lets customers capture broadcasts from 29 local channels with subscriptions starting at $8 a month.”

Federal Judge Dismisses Sambreel Antitrust Case in Favor of Facebook

  • A federal judge has sided with Facebook against an adware company that attempted to use the site for its own purposes, ruling that the social network has the right to exclude users if they install a program designed to change the look of the site and swap ad offerings.
  • “In a ruling issued Thursday [November 29] in San Diego, U.S. District Judge Cathy Ann Bencivengo dismissed an antitrust complaint filed by Sambreel, a controversial advertising company that offers products with names like PageRage that let users tweak the look of their Facebook page,” reports GigaOM.
  • “The companies got in a bitter fight earlier this year after Facebook ‘gated’ users who had downloaded the Sambreel products — meaning the users had to remove PageRage software before they could log on to the social network,” notes the post.
  • In response, Sambreel launched an aggressive legal and PR campaign, accusing Facebook of violating antitrust laws.
  • However, according to Judge Bencivengo: “There is no fundamental right to use Facebook; users may only obtain a Facebook account upon agreement that they will comply with Facebook’s terms, which is unquestionably permissible under the antitrust laws. It follows, therefore, that Facebook is within its rights to require that its users disable certain products before using its website.”
  • “The ruling comes at a time of uncertainty over the degree to which large companies like Facebook, Google and Twitter can control their products,” notes GigaOM. “On one hand, these are private companies that provide a free service — meaning they should be able to do what they like. On the other hand, they have become like public utilities that people depend on for their communications and on which third party companies make their livelihood.”

Tourism Study Shows Consumers Relying on Social for Travel Decisions

  • According to a study on travel and tourism commissioned by Text 100, young travelers are increasingly turning to social media for destination recommendations.
  • The study, conducted by market researcher Redshift Research, surveyed 4,600 consumers from 13 countries and learned that 87 percent of those younger than 34 years of age actively use Facebook to solicit advice before booking their travel.
  • More than half of the survey respondents also reported using Pinterest, Twitter and other platforms for inspiration regarding potential travel.
  • “A consumer is not necessarily making a travel decision based on what a corporation, airline or destination says,” explains Text 100 CEO Aedhmar Hynes. “Your greatest ambassador is someone who has had that experience already.”
  • “The survey also found that 43 percent of respondents rely on travel blogger reviews to make decisions about trip activities and purchases,” reports PRWeek. “While on vacation, 68 percent use their mobile devices to stay in touch with friends and family, which means travel brands must react quickly to consumer concerns.”

At Long Last: The Reviews Are In for Anticipated iTunes 11 Release

  • Apple has released the newest version of its iTunes service, one month after the originally planned rollout. The company’s iTunes 11 is the biggest update to Apple’s media software since it debuted in 2001 as a simple music jukebox.
  • The service is now more integrated with Apple’s iCloud storage service and iTunes Store to make it more convenient for users to locate and access content on a variety of devices.
  • According to John Paczkowski writing for AllThingsD, “an iOS-inspired user interface… more elegantly incorporates the many elements that have been grafted and patchworked onto it over the years.”
  • “It’s far too early to say, as there are plenty of other tweaks and additions to play with here, but overall iTunes 11 looks like a pretty slick remodel of software that had been generally overburdened with unnecessary complexity,” notes Paczkowski. “It seems clear that Apple design guru Jony Ive played a prominent role in recasting the software.”
  • In a related review from Wired, Christina Bonnington writes: “For the most part, the new iTunes feels like the old iTunes. The experience is much faster though and has a decidedly more modern, streamlined user interface featuring flashy, colorful graphics.”
  • “Apple has trimmed a lot of fat, but with so much information to present and sort through, navigation can still feel a bit convoluted, especially compared to minimalist services like Rdio,” Bonnington writes.
  • “The one thing that would make iTunes killer in my book is if it adopted a simple cloud-based subscription service like Rdio and Spotify — along with those services’ equally simple interface,” she concludes.

Social Gaming: Facebook and Zynga Change Agreement, Draw Concerns

  • Facebook and social-gaming company Zynga have renegotiated the terms of their 2010 agreement.
  • “In a bid to become less reliant on Facebook, Zynga disclosed in a filing on Thursday that it has amended the terms of its relationship with the world’s largest social network so that it can now host its Web games outside of Facebook’s platform,” reports the Wall Street Journal.
  • “The new agreement also leaves the door open for Facebook to produce its own games and become a direct competitor to Zynga,” notes the article.
  • Under the new deal, Zynga will not be required to show Facebook ads on its game pages or to use Facebook credits for in-game payments. The game maker “can now seek other partners and offer games on its own portal, Zynga.com, without linking users to the Facebook platform.”
  • The news quickly led to a 12 percent plunge in Zynga’s stock to $2.30 in after-hours trading, while Facebook’s stock was relatively flat. Since its IPO in December 2011, Zynga’s shares have declined 74 percent, notes Businessweek in a related report.
  • Both companies quickly responded with statements explaining that the spirit of the partnership remains intact. “Our amended agreement with Facebook continues our long and successful partnership while also allowing us the flexibility to ensure the universal availability of our products and services,” stated Zynga chief revenue officer Barry Cottle.
  • “Zynga last year derived more than 90 percent of its revenue from Facebook. Meanwhile, Zynga made up about 12 percent of Facebook’s sales in 2011,” notes WSJ. “More recently, as Facebook’s gaming environment has grown more competitive, Zynga has struggled. In its most recently reported quarter, San Francisco-based Zynga posted a $52.7 million loss.”

Private Beta Tests Reveal Pricing and Launch Details of Redbox Instant

  • GigaOM has unveiled several exclusive details about the soon-to-launch Redbox Instant by Verizon, the “Netflix competitor with the complicated name.”
  • “The service will charge consumers as little as $6 per month, launch with apps for Android, iOS and Xbox 360 and open up as early as December 17,” explains the post.
  • The online video joint venture is currently being tested in private beta, and its exhaustive help section reportedly reveals interesting details and screenshots.
  • Assuming that the service doesn’t make any significant adjustments based on the testing, subscriptions will start at $6 per month, offering unlimited access to the service’s video catalog, which is expected to be smaller than the current Netflix collection.
  • “An $8 a month membership adds four Redbox credits to the streaming package that can be redeemed for Redbox DVD rentals,” notes the post. “Users will be able to reserve their DVDs from the Instant website and mobile apps. Credits won’t roll-over but expire at the end of each month.”
  • According to GigaOM, “Redbox Instant also offers VOD rentals and sales of newer titles, which can be downloaded to some devices for offline access. Rentals and sales start at $0.99, and offer access to titles like ‘The Lorax,’ which will presumably cost a bit more than that.”
  • Redbox Instant will use Silverlight for online streaming and will be available initially on Android and iOS devices, Xbox 360 and select Samsung TVs and Blu-ray players.

CES 2013: Sony Announces Ultra HD Video Player Loaded with 4K Movies

To help get consumers interested in its 84-inch 4K Ultra HD TV priced near $25,000, Sony will loan buyers a 4K Ultra HD Video Player preloaded with 10 feature films in 4K format. According to the press release, the films include “The Amazing Spiderman,” “Total Recall,” “Salt,” “Bad Teacher,” “Bridge Over the River Kwai,” and “Taxi Driver,” among others.

The Ultra HD Video Player is designed to be updated with additional 4K titles and video clips, says the company. The Sony system includes the 84-inch 4K LED TV and an Xperia Tablet S that serves as a remote control.

“As a standalone unit, the Sony XBR-84X900 TV already upscales all video inputs, including the more than 7,000 Blu-ray Disc titles currently in distribution, to a near-4K resolution through the use of Sony’s proprietary 4K X-Reality PRO three-chip picture engine,” notes the press release.

“While there are other 4K Ultra HDTVs arriving this year — and we expect to see many more at CES in January — at the moment, this is the only one with a content delivery system in place, to go along with its upscaling chops, and the only studio pushing content at this res so far,” reports Engadget.

CES 2013: Entertainment Matters Program Targets Hollywood

Entertainment Matters at CES (EM), currently in its third year, is an International CES program created specifically for the Hollywood and entertainment community. EM includes On the Floor, which targets relevant exhibits for content and entertainment professionals; Keynotes and Panels that address key trends, technologies, media and branding; and the Red Carpet Program, an exclusive, invitation-only VIP program to CES. Sponsored by Variety, EM is a tailored connection to partnerships and innovations at the world’s largest consumer electronics trade show, the 2013 International CES (January 8-11 in Las Vegas). Continue reading CES 2013: Entertainment Matters Program Targets Hollywood

New comScore Audience Measurement Tool Reports Digital Consumption

  • Media Metrix Multi-Platform, a new audience measurement and media planning product from comScore, has launched in beta in the U.S. The platform provides data regarding website, video, and app content views across multiple devices.
  • “Knowing the size of your website’s audience simply isn’t sufficient in today’s fragmented, multi-platform digital media environment,” explains comScore. “Media Metrix Multi-Platform provides the industry’s first comprehensive view of digital consumer behavior across desktop computers, smartphones and tablets.”
  • The new system uses comScore’s proprietary Unified Digital Measurement (UDM) methodology, that combines panel- and census-based data to provide estimates on digital audience size and consumption.
  • While comScore’s “unique visitor” metrics still remain central to the platform, it also considers duration-based metrics and content-specific engagement metrics including page views, video views and app starts.
  • “Media Metrix Multi-Platform offers comprehensive reporting on more than 300,000 digital media entities, including their un-duplicated audience size, demographic composition, engagement, performance within key user segments and behavioral trends,” notes the site.
  • To accompany the launch, comScore has released data involving top multiplatform properties. The Media Metrix Multi-Platform data shows that Google was the only property in September to reach over 100 million unique visitors/viewers across both desktop and mobile channels, while Yahoo and Facebook each topped 90 million.

ISSCC: Samsung to Present Details on 28nm SoC and New Architecture

  • “Samsung will describe the first mobile applications processor to use ARM’s big.little concept at the International Solid-State Circuits Conference in February,” reports EE Times.
  • The company is scheduled to present details on the 28-nanometer system-on-a-chip incorporating ARM’s big.little architecture during the semiconductor industry’s premier conference.
  • “We expect the Samsung part is the first big.little processor,” suggests senior analyst Kevin Krewell of The Linley Group. “The A7 cores should be capable of handling most [smartphone] tasks, with the A15 cores only required for maximum performance needs, like video games.”
  • “Samsung will detail a 28-nm SoC with two quad-core clusters,” explains the article. “One cluster runs at 1. 8 GHz, has a 2 MByte L2 cache and is geared for high performance apps; the other runs at 1.2 GHz and is tuned for energy efficiency.”
  • “The chip and ones like it from Qualcomm, Nvidia and others will roll out in 2013, competing for sockets in tablets with Intel’s 22-nm Haswell, which will not be described at ISSCC.”
  • Also expected to be described at the conference: Nvidia’s 20 Gbit/s serial die-to-die link made in 28-nm CMOS (which may be part of Nvidia’s Project Denver and its family of processors merging ARM and graphics cores), a new version of the Godson 3B processor made using a 32-nm process from China’s Institute of Computing Technology, and a 200-MHz video decoder from Texas Instruments and MIT implementing the High-Efficiency Video Coding draft standard.

Facebook to Roll Out External Advertising Network Based on User Data

  • According to recent changes to Facebook’s privacy and governance policies, the social network could soon leverage user data — namely likes and dislikes — to build an external advertising network.
  • This means Facebook would generate revenue by showing relevant advertisements on sites other than Facebook, similar to how Google makes billions of dollars every year.
  • “This is the first real confirmation that the company is going to roll out an advertising network that extends beyond just its own walled garden, and it could turn out to be one of the biggest factors in the success or failure of Facebook’s revenue-growth strategy,” reports GigaOM.
  • “Everything you do and say on Facebook can be used to serve you ads,” explained Chief Privacy Officer Erin Egan to Forbes back in May. “Our policy says that we can advertise services to you off of Facebook based on data we have on Facebook.”
  • An external advertising network could double Facebook’s revenues, bringing the company to $10 billion a year, suggests the article.
  • Facebook could begin its advertising endeavors on Instagram. After implementing the system on its own entities, it could then expand to external sites.
  • “Access to information about the browsing and liking habits of a billion people isn’t something that comes along every day,” notes the article, underscoring the potential of a Facebook-driven advertising entity.

OTT Video Views Continue to Increase, Streaming Catches Up to Satellite

  • According to a survey from Accenture, about half of U.S. consumers currently view content via over-the-top devices such as Roku media players and game systems.
  • “Consumers are also viewing content on mobile devices, creating video playlists, posting videos on social media, and learning about new TV programs and video offerings through social networks,” reports MediaPost.
  • The survey notes that 27 percent of consumers subscribe to streaming services such as Netflix, a number which now rivals the 28 percent who have satellite subscriptions.
  • “We are seeing a seismic shift in consumer viewing habits,” notes Robin Murdoch, a managing director with Accenture’s Media & Entertainment industry group. “The connected consumer is now comfortable viewing TV shows and video on a variety of screens, as well as sharing opinions of that content via social channels or recommendation engines.”
  • Not surprisingly, younger viewers are leading the charge with OTT video and discovering new content through social networks rather than commercials or program guides.
  • “Domestically, 82 percent of consumers between the ages of 18 and 24 watch some OTT video, with 60 percent watching at least a quarter of their video over-the-top compared to 32 percent of U.S. consumers overall,” explains the article.
  • “The survey showed that 35 percent of 18-to-24 viewers are interested in social newsfeeds of videos that friends have watched, compared with 11 percent of consumers age 45+.”

New York First to Roll Out SmartScreens in 250 Public Phone Booths

  • Some 250 New York City phone booths will soon feature large interactive touchscreens that provide local information and free Wi-Fi.
  • The first 10 opened around Union Square in Manhattan two days before Thanksgiving. New booths will be installed across New York’s five boroughs during the next few months.
  • “Cisco, which operates the new service in partnership with City24/7, said New York is the first city in the U.S. to have its public phone booths given the makeover, which involves the installation of large 32-inch touchscreens highlighting local news, local deals, entertainment listings and more,” reports Digital Trends.
  • “Information can also be fed from the so-called SmartScreens direct to a user’s smartphone,” notes the post.
  • “The new-look booths are equipped with a number of accessibility features, including screen repositioning for wheelchair accessibility and headphone access for the hearing impaired. Multiple languages are also available, including English, Spanish, Russian and Mandarin Chinese.”
  • Plans are underway to introduce the high-tech booths to additional U.S. cities and several international locations next year.

Will Camera-Outfitted Mannequins in Stores Raise Privacy Concerns?

  • Some high-profile clothing store chains are reportedly using high-tech mannequins outfitted with small cameras to gain a better understanding of shoppers and passers-by.
  • “Benetton, for one, has started installing the EyeSee, created by Italian mannequin manufacturer Almax,” reports Digital Trends. “It’s been on sale for almost a year and is currently being used in stores in the U.S. and Europe. Up to now the technology, which uses face-recognition software, has been used in airports to help identify criminals.”
  • A camera embedded in one eye of the mannequin collects data to identify a shopper’s age, gender and race. Retailers can then use the information to cater store displays and product lines. Almax says one store featured children’s clothing after data indicated that kids comprised more than 50 percent of its visitors.
  • The company is reportedly working on a mannequin outfitted with a microphone to gain additional opinions from shoppers.
  • “Of course, most stores have a good number of security cameras dotted about — cameras which could utilize the same face-recognition technology — but incorporating the tech into mannequins should provide more accurate data as they’re positioned much closer to the passing consumer,” notes the post.
  • “It could really enhance the shopping experience, the product assortment, and help brands better understand their customers,” suggests Uché Okonkwo, executive director of strategy and management consultancy Luxe Corp.

Radical.fm Wants to Become Your All-In-One Streaming Music Service

  • Radical.fm is entering the rapidly evolving music industry with a new business model: “A completely free-to-stream, ad-free, no-strings attached music streaming service that could stir up the digital music market’s dust yet again,” suggests Digital Trends.
  • Already launched in Sweden, Radical.fm bundles music services into a single package — “namely, it gathers your Spotify, Pandora, Slacker Radio, Last.fm, Rdio, and even YouTube accounts.”
  • It currently features a library of 22 million songs. Labels and musicians are paid the same way they are on other streaming services. Outside of Sweden, users only have access to music from indie record labels for now.
  • “The number of features that this one platform offers is dizzying, but should it prove to be successful it could be the music industry darling that revolutionizes the radio and music streaming industry,” notes the post.
  • CEO and founder Thomas McAlevey says he is in negotiations with “labels at the highest level” to offer the streaming service in the U.S.
  • “However if Radical.fm doesn’t ‘get the direct deals we want with the licenses in time,’ McAlevey could switch on its currently-dormant radio feature and broadcast the music from any rights holders that are hesitant to jump on board thanks to the SoundExchange license Radical.fm has obtained,” explains the post.