Polluted Suggestions

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Polluted Suggestions
Number 29
Broadcast Date July 20, 2014
Episode Length 1:03:54
Hosts Brian Brushwood, Tom Merritt
Guests Veronica Belmont

The bad news is, a strict reading of the Supreme Court is bad news for Aereo, the good news is a strict reading of the supreme court is good news for Dish. Also Marvel movie dates!!!

Guest

Opening Video

Primary Target

Supereme Court said “behind-the-scenes technological differences do not distinguish Aereo’s system from cable systems, which do perform publicly.” Therefore a public performance
AS we mentioned last week Aereo argued they could get a compulsory license under Section 111 of the 1976 copyright act
Would be tough anyway as the 1992 Cable Act requires retransmission consent.
To qualify as a cable company Aereo has to qualify as an MPVD (multichannel video programming distributor” which Internet companies do not under the FCC’s current definition. Which Internet companies have been happy about because it means they don’t fall udner MPVD regulations in other ways.
SO the US Copyright Office advised in a letter dated July 16.
"In the view of the Copyright Office, Internet retransmissions of broadcast television fall outside the scope of the Section 111 license.”

Secondary Target

SO the narrow definition doesn’t work in Aereo’s favor but it DOES work in Dish’s!
Fox asked the 9th Circuit to impose a preliminary injunction on Dish based on the Aereo decision.
Fox objects to the Hopper allowing sling functions as well as sideloading content to mobile
Dish “engages in virtually identical conduct when it streams Fox's programming to Dish subscribers over the Internet—albeit also in violation of an express contractual prohibition
Judges found that Fox’s claim that it would be “irreparably harmed” without an immediate block to Hopper was not credible.
One of the judges in the Hopper case noted that in the Supreme Court’s Aereo decision, the justices outlined numerous caveats saying that the decision applied narrowly to Aereo, implying that it wouldn't apply to a company like Dish
The underlying case, Fox et al v. Dish et al, will continue to move towards a trial set to begin in federal court in Los Angeles on January 13, 2015.

Signals Intelligence

Netflix testing “Privacy Mode”
Watching in this mode will not show up in history or affect recommendations

Gear Up

Sling M1 $150
Now with WiFi (vs. 350)
SlingTV $300
New UI (coming to 500 too) with guide
Blockbuster VOD, DishWorld, HTML5 TV app compatible
Desktop apps returning for Windows OSX - Web version leaving

Under surveillance

DirecTV expands the NFL Sunday Ticket online-only offering
Used to be you could subscribe only if you couldn’t get DirecTV in your apartment building
That still applies but certain universities as well as residents of New York, Philadelphia, and San Francisco
Washington, UT-Austin, USC, Michigan, Florida, Colorado, Alabama, Syracuse, The Ohio State, Harvard
$200 on desktop and mobile, $240 on Game console, $330 on all + Red Zone

Front Lines

You’ll still get projects currently in production, including the new Halo series.
The Finals are Monday and will stream on WatchESPN.
Time Warner is NOT Time Warner Cable but rather made up of HBO, Turner Networks and Warner Films.
But of course the two are still implementing their agreement for a direct interconnect.

2014 Summer Movie Draft

  • http://draft.diamondclub.tv/
  • 1 Amtrekker: $655,607,718
  • 2 TMS: $574,977,117
  • 3 DTNS: $574,735,174
  • 4 Night Attack: $432,768,488
  • 5 GodsMoneybags: $339,959,467
  • 6 /Film: $231,901,518


On Screen

Dispatches From The Front

Hey Tom, Brian, and guest,
Recently we had to cancel our comcast. We had a family problem that required it. Rather than call on the phone though we packed all of our equipment up, put the wires into a separate bag and went to our local comcast office. We have a receipt to prove we returned everything. Despite actually saying we no longer wanted the service, signing documents to that effect we got a bill for $800. Never mind that our bill had been paid and we cancelled our service. The very next week we got a letter from a collection agency! Then, about a month after we cancelled and had returned the equipment, comcast physically sent a worker to our house to collect the equipment. Upon offering to show the receipt of return to him, he merely said no thanks and left.
Comcast is a ridiculous company with inexcusable practices and this is proof. It's why I'm glad, even if it was due to unforeseeable events, we cut the cord.
Love the show!


Tayler



What it be cordkillers,
I've been a fan of the show since it's previous incarnation and think I may have the answer to one of it's oldest questions. More specifically why companies don't want to buy ads based on actual demographics that can be verified instead of using the old school method of buying ads on shows that are assumed to target said demographics. I recently read an article on how car manufacturers always claim to be targeting twenty somethings both publicly and privately when they know full well the median age of new car buyers is fifty two to fifty three. No matter what company or what car this is the auto industry's strategy (apparently even BMW, Mercedes, and Rolls Royce do this). Market to twenty year olds because the forty and fifty year olds who will buy the car want to believe they're still young. Ever see an old guy in a Cadillac commercial? Think about it, by this logic a show that actually hits the twenty something demo but isn't perceived as hitting said demo is worthless to the advertiser where as a show that's perceived as hitting it is gold regardless of who actually watches it. I believe this holds true at least as a strategy across the board and explains why even though the middle age and up demo spends the most money all the marketing is aimed at twenty somethings. Once again love the show,


Kenneth



Okay, Schwood, I love you, I love the podcast, but your "I refuse to invest in a TV show that I know was prematurely cancelled" attitude has GOT to go! If someone were to offer to introduce you to Buzz Aldrin, Christopher Lee, or Stephen Hawking, would you say, "The heck with that! They're probably going to die soon and I don't want to be invested in a friendship with them when I know it's only going to bring me pain."? No, of course not! You'd scream like a little girl and embrace them heartily. Really excellent TV shows should be treated the same way.
Have you seen "Pushing Daisies"? Seriously, check it out. Some of the episodes are on par with Shakespeare. That it got killed before its time is tragic, but missing out on the witty banter between the characters is even more tragic.
How about "Better Off Ted"? Its like "Office Space/Silicon Valley" and "Mad Men" had a baby. Watch these fake ads from "Better Off Ted" and tell me that they don't fulfill Poe's Law: youtube.com/watch?v=gRQieGR1iUU (If nothing else, they'll provide great openers for Cordkillers.)
If nothing else, by watching these shows and getting attached to them, you learn the importance of supporting quality programming since it really is shockingly rare.
Brian Drake
Gallatin, TN



AT&T reduced our bill by $50 & doubled our internet speed when we asked to cancel our cable account.
Glad we (wife was the one who called) finally did it.
Keep up the good work.
Bill



YouTube

Links



Preceded by:
"Aereo’s Hail Mary"
Polluted Suggestions
Followed by:
"Let's Speculate Irresponsibly"