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01. 7.2007 (previous | next)
Dispatch from CES: IP Protection and Mobile Video

Will consumers watch video on tiny screens? Well, on my flight to Vegas yesterday, I watched movies and TV shows on my Creative Vision:M MP3 player that I had downloaded from an HP Windows Media Center computer (the content was recorded TiVo-style on the PC, then converted to the small screen by Creative software.) So there is at least a market of one. It was with this in mind that I attended earlier today a session here at the Consumer Electronics Show on mobile video and another on mobile music.

I downloaded video to an MP3, just as iPod users download songs. But the sessions I attended focused more on real-time streaming a la broadcast. The discussions also focused largely not on MP3-type devices but on mobile phones as the vehicle of viewing or listening. In theory my Treo 650 can display video but I've never tried to make that happen; it's an e-mail device for me largely. But panelists from Motorola and Qualcomm made clear that phones are becoming increasingly sophisticated in their ability to stream music and also video, which requires a higher bit rate. We heard a great deal about the challenges of such a service, including whether a provider of service goes "on deck" (generally an exclusive partnership with a carrier) or "off deck" (generally a separate service that bypasses wireless carriers in going directly to consumers). But I was interested in how IP concerns wer impacting the growth of this market.

It turns out there are two issues. The first is technological, the second is one of rethinking business models.

The technological challenge comes from the fact that not only are there numerous technology standards for mobile video, there are also numerous DRM standards, which exponentially increases complexity. Jason Rubenstein of Motorola said his company seeks to be compatible with all DRM, but said as the market matures this concern will lesson. He even predicted Windows DRM will run on Linux Java.

The business challenge comes content companies thinking as content companies and not motion picture makers or cable channel producers. Edward Skolarus of Fox just got Time Warner and Comcast to add a new digital cable channel, Fox Reality. (Yes, reality TV 24/7 with gems such as Temptation Island Australia; nothing against Mr. Skolarus, but I don't really want this channel at any size). Skolarus said that when you're producing original content or aggregating that content into a network, you have significant fixed costs regardless of where it is eventually distributed. So if Fox Reality can have an ancillary stream on mobile phones, there is no reason not to do that.

But Skolarus and Michael Arrieta of Sony Pictures both confirmed that there is far less "channel capacity" on wireless phone services than there is on, say, Comcast or DirecTV. There is another threat as well; as 3G advances, mobile customers might fetch their content on their phones directly from the Internet. And thus the piracy concerns of the Internet come to the world of mobile phones; the walled garden is breached and a successful business model for both content creators and wireless carriers is undermined.

Not all content creators would bemoan that fate. Frank Chindamo of Fun Little Movies -- a small company that makes very short films specifically for the mobile market -- dismissed the piracy threat. "If our content is downloaded illegally, no problem, we still get promotional value." Fun Little Movies as a rule does not market directly to consumers; it is in an "on deck" relationship with Sprint. Questioned by moderator Ken Rutkowski, Chindamo acknowledged that Sprint might not share his laissez-faire attitude.

[UPDATE: I just spoke with Frank Chindamo on the phone. He wanted to clarify that there was a specific type of content that didn't cause him much concern regarding piracy, and that was his "advertainment," such as the humorous shorts he makes to promote lovebytes.net. He said that is an exceptional situation, and that he and Sprint agree that content shouldn't be pirated. Chindamo also said he was confident that content was not being pirated from Sprint's network because it has "strict DRM."]

Left unresolved is how mobile content will most likely be used -- downloaded as I did with my Vision:M, real-time streaming, downloaded via mobile device, or obtained through a subscription model. I'm on the record as being a fan of the music subscription model -- I recently bought a Vision:M not for video but because it has a 30 GB capacity that can better hold all my Napster to Go downloads -- but many consumers don't seem to share my enthusiasm. At the mobile music panel, another Motorola panelist made an odd off-the-cuff observation.

He said consumers now get their music from lots of sources, including CDs, legal downloads, P2P, streams, radio, etc. A subscription model might be attractive, he said, if one could pay a monthly fee to avoid all those sources and move the songs wherever one pleased. I'm sure limits on movement, even for the To Go services, holds back adoption of subscription models, but it's difficult to ask a musical artist to agree to a business model where I can sign up for one month of service, download 1 million songs, and then cancel. This gentleman works in the hardware business, so I'll forgive his lack of understanding of the importance of copyright to artists.

Other than that off-the-cuff remark, I was very pleased at the level-headed dialogue I heard, with techies acknowledging that content producers need to make money, and everyone agreeing on the need to respect DRM. Given that I'm sitting here in the press room staring at a huge kiosk for the Digital Freedom initiative CEA is pushing to undermine IP rights, I think today has gone pretty well. I suspect that will continue in a few hours when a well-known philanthropist speaks. His name is Bill Gates.

posted by Patrick Ross @ 5:38 PM | Markets: Business, Investment & Innovation

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This gentleman works in the hardware business, so I'll forgive his lack of understanding of the importance of copyright to artists.

To SOME artists; those that would use a coercive state monopoly to restrict the spread of information.

If you don't want information redistributed, don't sodding release it. I'd much rather go without the works of pro-copyright artists than have my ability to communicate free of state interference curtailed. I didn't ask them to create, they seek to pass the costs of maintaining their information monopolies on to the taxpayer (especially those who support criminal sanctions for copyright infringement - that means my taxes are used to enforce their monopolies. Even if copyright and patent law exists, it should ALWAYS be a purely civil matter, unlike real physical property there is no loss if I ALSO have a copy. Failure to gain is not loss!)

It is the copyrightists who seek to control, suppress and dominate, to destroy the free market in physical copies of information patterns. They will be fought to our dying breaths and if possible beyond (with autonomous programs).

Posted by: A. Programmer at January 7, 2007 7:10 PM

Hi Patrick,
Don't dismiss Digital Freedom (which I work to promote) too lightly. Hundreds have signed up to support it this week at CES, largely, I think, because its message is reasonable. CEA President Shapiro made clear in his speech this week that content creators need to be compensated and that commercial piracy is wrong. He went on to say, “But we draw a different line on what is acceptable in the home. We believe consumers should not be in legal jeopardy if they do something with lawfully acquired content and keep it in their home. We believe that consumers have rights and that the copyright laws need to be changed to reduce potential damages for companies launching new products where the copyright law is unclear or where the inventor does not intentionally or directly infringe copyrights." this message is obviously resonating and we believe '07 will be a big year for the campaign.

Posted by: Jim McGann at January 10, 2007 5:58 PM

Jim,
You know I respect you and the work you've done. But I've also watched Gary make many "Piracy is wrong, BUT..." statements over the years. (Actually, at the 2000 Aspen Summit, he defended P2P piracy vigorously.) Right now it's hard to say what Digital Freedom is. Its message is so amorphous it's bound to get people to sign up. Who doesn't believe in consumers? I do.

But let's not mistake ourselves into believing Gary speaks for all CEA members; I met and heard from plenty that are involved in DRM in some way or who were willing to admit that when a consumer purchases "lawfully acquired content," they are in fact buying a certain set of rights, not an unlimited set of rights. Consumers, understandably, don't always get this.

Copyright law gives a "right" to creators to dictate what rights they'll sell, lease or give away. There is not an equivalent "right" for consumers, even post-Sony. When Gary says he wants to rewrite copyright law, I hear him saying he wants to codify these "rights" he perceives consumers having, and in order to do that he must remove rights currently found in copyright law for creators.

As I said in the post above, we're rapidly entering a world where people want their content anytime, anywhere on any platform. Creators need to do their share to make that happen, and it will involve some painful readjustments. It can all happen in the market under existing law. We don't have to whittle away longstanding rights of creators. In the long run we'll all be worse off if that happens.

Posted by: Patrick Ross at January 10, 2007 7:27 PM








 
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