But that hasn’t happened yet. And it’s possible that even as Web video grows, TV will continue to do just fine.

That’s the thesis of Bernstein analyst Todd Juenger, who made his case to investors earlier this week. Two slides from his presentation sum it up well.

First, he notes that even though eyeballs have moved away from broadcast TV, ad dollars have not (click to enlarge):

Even more important: Though the Web ad business is growing, TV continues to grow, too. And while other old media industries have shrunk, their losses haven’t turned into equivalent gains for the Web (click to enlarge).

But what about consumer spending? After all, Netflix is streaming more than 2 billion of hours of video every three months. That has to cut into TV, right?

Not really, says Juenger, noting that overall TV viewing is still up. Instead, he says, Netflix, iTunes, Amazon et al are eviscerating the DVD business. Important distinction.

And yes, all of this could eventually change, particularly if the digital guys figure out how to break up big cable’s lock on programming. But as we keep pointing out, that’s a very strong lock. It’s not going away anytime soon.

Largely relegated to obscurity decades ago, old-fashioned television broadcasts — over the airwaves and not via cable or satellite — are enjoying an unexpected revival in the digital era.

With an increased array of online-video programming now drawing viewers’ attention, companies are starting to pitch consumers on complementing online video streamed from the Web with broadcast-TV signals as a way to save money on cable subscriptions.

With an increased array of online-video programming now drawing viewers’ attention, companies are starting to pitch consumers on complementing online video streamed from the Web with broadcast-TV signals as a way to save money on cable subscriptions.

Read the rest of this post on the original site »

Greenfield, a very sharp media analyst at BTIG, says that 2012 will be the first time we’ll see a true “virtual” cable-company offering in the U.S., where consumers can subscribe to TV delivered over the Web. This is different than the on-demand services that currently exist, like Netflix and Hulu, which offer up programming that’s already been on TV. This will give you access to “real” TV, in real time.

His summary: “While [quality] will not match what you are accustomed to from your traditional [cable provider] (due to Internet congestion), virtual MSO pricing to the consumer will be substantially lower, subscribers will receive a significantly better user-interface/navigation across a wide-array of IP-enabled devices in the home and service will be accessible anywhere in the US, rather than being stuck in a certain region.”

Who/what/where/when? Greenfield’s prediction post (registration required) doesn’t commit to any of that. But it does sketch out the basic “how” framework:

• The “virtual” cable company will have to cut distribution deals with all or most of the big TV channels/programmers, just like the satellite TV guys did in the ’90s. It’s possible that some of the programmers won’t want to play along, for fear of upsetting their existing deals with the cable guys. But just like in the ’90s, as long as the “virtual” company is paying market rates (and likely higher) for the programming, the cable guys can’t really do much about it. (And if they do, they’ll have a lot of explaining to do in Washington: Note that when the Feds blessed the Comcast/NBC deal this year, they required the company to make its programming available to this kind of competitor.)
• All those deals mean that this won’t be “a la carte” cable, where you can get ESPN but not the Disney channel, or vice versa — these will be all-or-none deals.
• And all of the above means that you won’t be getting these channels for next to nothing. Greenfield figures the pricing will be “substantially lower” than what the cable guys currently charge. But since he assumes that the “virtual” cable guys will have to pay at least $40 a month per subscriber for the programming, it’s going to cost at least that much for consumers — he envisions the new guys selling this stuff at “razor-thin” margins, but not at a loss.
• Getting your TV programming from a “virtual” cable company doesn’t mean you’ll be able to tell Comcast or Time Warner Cable, etc., to pound sand — you’ll still be paying them, or someone, for broadband. Greenfield thinks this could actually be a good thing for the cable guys in the long run, because the margins on broadband are much better than in the TV business. And they’ll probably be able to force many customers to upgrade their broadband subscriptions to a higher tier, so they can stream all of that video.

OK. So who might do this?

Greenfield runs through a laundry list of every potential player, including Amazon, Apple, Google and Microsoft, even Wal-Mart. I assume that the most logical step would be for someone who’s already in the video business, but with a limited footprint — like Verizon or Dish Network — to try this out.

But over the phone this morning, Greenfield said he thinks the first player will be someone who’s not in there already, but wants to build another platform that gives them direct access to millions of consumers. Start speculating now!

The change comes as YouTube beefs up its offerings to compete with broadcast and cable television, complete with original, professionally produced videos. Last month YouTube announced the creation of around 100 online video channels, featuring original programming from A-List talent such as Madonna, Jay-Z and actor Ashton Kutcher.

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Longtime media and Internet exec Bob Pittman has been named CEO of radio broadcast and outdoor advertising giant Clear Channel, the company announced today.

Pittman — who has been chairman of Clear Channel’s media and entertainment platforms after making an investment in the company less than a year ago — will join the board of directors of CC Media Holdings, Clear Channel Communications and Clear Channel Outdoor Holdings, as executive chairman.

Clear Channel’s holdings include a huge parcel of radio stations across the U.S., along with a number of digital properties and a big global outdoor advertising business.

Pittman — the former MTV wunderkind who started in radio at 15 years old as an announcer at a station in his native Mississippi — has not been in a top job like this one since he resigned from the then-AOL Time Warner as its COO in the midst of the botched merger mishegas almost a decade ago.

Since then, Pittman has been doing a range of things, including making canny investments in a variety of Internet start-ups such as Zynga and DailyCandy, and even in a high-end tequila company via the Pilot Group, a New York-based private investment firm.

He made his own investment in Clear Channel last year and has since upped his involvement, which resulted in the latest move to CEO.

“I swore I would never work like this again, but when something gets me this stimulated, I knew I wanted to get into it again,” said Pittman, in an interview with me yesterday. “I think this company has everything it needs to be a great media company in the new media landscape.”

That will include a range of new initiatives, including recent partnerships with Facebook and more.

“We want to move like an entrepreneur and have the assets of a big media company,” said Pittman. “I am an addict for this challenge.”

Here’s the official press release from Clear Channel:

BOB PITTMAN NAMED CEO OF CC MEDIA HOLDINGS

Appointment Underscores Clear Channel’s Evolution to a Fully Realized, Integrated Media, Digital and Entertainment Enterprise

Media Pioneer Will Oversee the Company’s Global Media Properties, including Broadcast, Digital and Mobile, Syndication, Media Representation and Outdoor

New York, NY — October 2, 2011 — CC Media Holdings, Inc. (OTCBB: CCMO), a leading global media, digital and entertainment company, announced today that Bob Pittman will become its Chief Executive Officer. Pittman joined Clear Channel in November 2010 as an investor and the company’s Chairman of Media and Entertainment Platforms. Pittman will join the Board of Directors of CC Media Holdings, Inc. and Clear Channel Communications, Inc.; in addition, he will join the Board of Directors of Clear Channel Outdoor Holdings, Inc., as its Executive Chairman. These appointments are effective immediately.

In his new role, Pittman will oversee the company’s businesses, which include:

Clear Channel Radio, which serves 150 cities through 850 owned radio stations and an additional 100 cities and 4,000 stations through its syndicated Premier Radio Networks products. Clear Channel Radio also includes:

* Clear Channel Digital, which develops and operates iHeartRadio, the free, industry-leading digitalradio product that combines access to all of Clear Channel’s live broadcast and digital-only radio stations as well as user-created Custom Stations. Clear Channel Digital also develops the companion digital products for each radio station brand, including strong social components;

* Media Services for the radio, media, digital, mobile and music industries, including Total Traffic Network, a groundbreaking programming and technology service delivering real-time traffic data to vehicles via in-car and portable navigation systems, broadcast media, wireless and Internet-based services; The Katz Media Group, the leading media representation firm in the US for radio and television stations; and RCS, which provides scheduling and broadcast software for radio, internet and television station in addition to research studies that aid the media and music businesses.

Clear Channel Outdoor Holdings, which is one of the world’s largest outdoor advertising companies with close to one million displays in over 40 countries across five continents. Clear Channel Outdoor includes:

* Americas Outdoor Advertising, which owns or operates nearly 190,000 displays across the United States, Canada and Latin America including operations in 49 of the 50 largest markets in the United States. The Americas businessconsist of various types of displays that include billboards; street furniture; transit displays; the Clear Channel Airports division, which is the premier innovator of contemporary display concepts and currently operates more than 260 airport programs across the globe; mall displays; wallscapes; and spectaculars including Spectacolor, a market leader in spectacular sign displays, with displays located in New York’s Times Square. The Company has been a leader in the development and operation of digital displays and networks across many of its U.S. markets.

* International Outdoor Advertising operates across Asia, Australia and Europe with displays across nearly 30 countries. The International business consists of street furniture and transit displays, billboards, mall displays, wallscapes and spectaculars. Clear Channel International’s street furniture division operates over 3,500 municipal advertising contracts worldwide.

Pittman will also remain a member of Pilot Group, LLC, a New York-based private investment firm.

“On behalf of the Board of Directors, I want to express how delighted I am that Bob has accepted this position,” said Mark Mays, Chairman of Clear Channel Media Holdings. “He has been an invaluable contributor to Clear Channel Radio since last November, and he is the perfect person to take Clear Channel to the next level. I look forward to his leadership of our company.”

“Bob Pittman brings a long history as a brilliant innovator and brand builder — from his days as a very successful radio programmer, creator of MTV and CEO of MTV Networks to his work helping to drive the phenomenal growth of AOL and his successful investments in other digital, media and technology companies. He has already generated a renewed sense of confidence and direction not only at Clear Channel, but across the entire radio and media landscape,” said Scott Sperling, Co-President of THL Partners.

“I’m thrilled we were able recruit Bob into the CEO role at Clear Channel. He is the perfect fit to lead this incredibly powerful media platform. He embraces creativity, and has given employees the motivation and freedom to innovate, take risks and succeed,” said John Connaughton, Managing Director of Bain Capital. “He thinks big, is not afraid of change and is intensely focused on driving new businesses, expanding our creative talent and maximizing the full value of Clear Channel’s extraordinary assets, ideas and people.”

Pittman’s appointment comes on the heels of several industry-leading achievements by Clear Channel Radio this past year. In March, the company acquired digital music company Thumbplay for its state-of-the-art technologies as well as its technology and product teams. Last week, Clear Channel hosted the iHeartRadio Music Festival, the largest live concert event in radio history, which marked the official launch of the New iHeartRadio, which combines more than 850 of the nation’s most popular live broadcast and digital-only radio stations from 150 cities with user-created Custom Stations. iHeartRadio was one of the few highlighted new products at Facebook’s f8 conference on September 22nd, where it was recognized for its technology and cutting-edge social integration.

Additionally, Clear Channel has demonstrated its unique national promotional capabilities through significant relationships with record labels and social media leaders, and forging relationships with partners like Microsoft, Facebook, Zynga, Toyota and HP that reach further and deeper than advertising.

“Over the past year, I’ve had the unique opportunity to look at the Clear Channel people and assets up close and have found myself increasingly drawn to the company, to the point where the chance to get even more deeply involved has just become irresistible,” said Pittman. “I know first-hand that we have great people and the assets that allow them to do great things. We are so much more than just transmitters and broadcast towers — we leverage our local brands, personalities, strategic relationships and programming expertise to create unique experiences that forge real connections with consumers across our multiple platforms.”

Pittman continued, “I look forward to continuing to work closely with John Hogan and the Clear Channel Radio team to grow our company as we strengthen relationships with our consumers, advertisers, artists, labels and partners, nationally and locally — and I’m excited by the opportunity to work with Ron Cooper and William Eccleshare to help them make the most of our outdoor advertising potential by tapping into Clear Channel’s assets as a whole. I believe we have the technologies, the physical infrastructure, the content and, most importantly, the people to market to consumers better than any other media company in the world.”

My Twitterstream was dominated by snarky play-by-play, and the rest of the Web was doing the same thing. Even the New York Times and The Wall Street Journal put Grammy liveblogs on their homepages.

So now it might be nice to head online and actually see–and hear–what I missed. No dice.

The official Grammy site, run by the National Academy of Recording Arts & Sciences, has plenty of clips, but none from the CBS broadcast itself–it’s all backstage, or red carpet or other footage I don’t care about. CBS.com doesn’t have anything, and neither does TV.com, CBS’s mini-Hulu.

Meanwhile, Google’s YouTube, the place where I really expect to see clips, is doing a very good/frustrating job of keeping the site scrubbed free of amateur uploads. You can find some stuff, but it takes work, and the quality is poor, and I’m pretty sure it’s getting removed quickly after it goes up.

So while I really want to see Arcade Fire’s performance–my Twitter pals were ecstatic about it–right now the only thing I can find is grainy footage of  Lady Gaga doing yet another Madonna…homage. This may or may not be available by the time you read this:

[UPDATE: Ask, and you shall receive! For now. Thanks to @colinparksfried, @tdotjdot and @nolaschott]

A CBS rep notes that Grammy performances “aren’t typically available online due to rights clearance issues,” and I’m sure that’s true. Any given song can have lots of different owners, and getting all of them to agree to put it on the Web can be a huge hassle. On the other hand, it’s not an insurmountable challenge–that’s why we have Vevo.com, a Web site dedicated to nothing but music videos.

Left unsaid here is that big live events like the Grammys are now TV’s most valuable commodity, and the people who produce big live events continue to struggle with the Web. But more and more of them are getting it–even the very uptight NFL is putting highlight videos up on its site while the games are in progress.

The Grammys are already being augmented very nicely by the Web, which provided it with endless free promotion last night. But now that the live event isn’t anymore, you’d think the music industry, which can use all the promotion it could get, would be pushing very, very hard to let people see what they missed last night.

Who knows. It might even prompt someone to, you know, buy some music.

NBC will find out. Its Local Media unit, which owns 10 stations around the country, is integrating Twitter into its programming, bringing a select group of Twitterers to chat about the day’s news within the broadcasts themselves.

“The 20″ starts this week on NBC’s Washington, D.C., and New York stations, and you can see a demo of what it looks at the bottom of the post. But it’s a pretty straightforward concept: Use Twitter to find 20 (get it?) newish, youngish talking heads to liven up the show.

And that’s supposed to set up a virtious cycle–the Twitterers that NBC features already have people paying attention to what they’re saying, so perhaps their offline followers will tune in to see them on TV, too. And exposure on TV should increase “The 20″‘s online following. Repeat.

A couple of thoughts:

• Lots of people are already watching TV and using social media at the same time. But it’s pretty hard to effectively integrate Web/social commentary into TV news. Think of that weird CNN segment that used to feature women reading blog posts out loud, or TweetDeck’s awkward appearance on multiple TV news reports last month. And when news anchors read people’s tweets aloud on “The 20″ segment below, that seems odd, too. But the other part of the bit, where the commentators actually show up on TV, via Skype, and start commentating, is a much more promising notion.
• NBC does seem to have done a pretty good job of finding interesting people to bring on their shows. Or at least they have by my self-interested standards: I’m already following about a third of NBC’s New York crew (congrats, Anil).
• Regardless of how this plan turns out, it’s interesting to see NBC working to bring a younger, tech-savvy demo back to its local news broadcast. That’s a switch from an earlier strategy, where Comcast’s broadcast unit essentially gave up on trying to get Web users to pay attention to its TV news, and set about creating a local news site that more or less ignored the stations altogether.

Untitled from Peter Kafka on Vimeo.

Twitter tonight overflowed with a meme that just about everyone can participate in and appreciate: #lessambitiousmovies. There have been more than 26,000 tweets using the hashtag in the last day, according to tweet indexer Topsy, and tonight the fad made the Twitter top trends list in the U.S.

This latest craze involves punning on an existing movie title to make it a little more ordinary, and appending the hashtag #lessambitiousmovies.

Some of my favorites: “The Devil Wears Zara,” “The Sound of Muzak” and “Saving Private Ryan 15% on his Auto Insurance by Switching him to GEICO.”

The most popular submission, at least according to Topsy, is “Being John Stamos” from Twitter user @jennyjohnsonHi5, with 225 retweets.

It doesn’t seem to be just the techies I follow that are playing along. Here’s celeb host Ryan Seacrest’s timely contribution: “Black Duck.”

Unlike the news items and celebrity names that often dominate Twitter trends, #lessambitiousmovies is actually sort of creative. But it’s far from the first hashtag game; another recent example was #fatindiebands, which also played off an easily replicable formula.

According to Twitter engineer Dana Contreras, the first #lessambitiousmovies tweet appears to have been “Scott Pilgrim vs The Room #lessambitiousfilms” on Jan. 3 from Toronto artist Rob McCallum, who has just 488 followers.

McCallum tweeted Wednesday evening, “I started it last night when I couldn’t sleep and it’s gotten right out of hand!…I don’t know how to feel! Cheers! I’m away to hide under some coats and plan my next move.”

Confused by all those options? There’s also a basic RunKeeper app that has enough tracking and reporting features for many users and has always been free. I wrote recently about its social features.

Apple recently said RunKeeper Pro was one of its top-grossing apps of 2010. FitnessKeeper, a small Boston-based start-up that just raised $1.1 million in funding, wouldn’t disclose revenue or download numbers, but said it has been cash-flow positive every month since it was founded two-and-a-half years ago.

The company announced this week it would take down one part of its pay barrier from now through the end of January, giving away RunKeeper Pro for free during New Year’s resolution season.

Launched yesterday on iPhone, that promotion has already been highly successful, with 171,000 RunKeeper Pro downloads yesterday on the iPhone, more than 10 times as many as it gets in a normal day. The app is currently quickly climbing the Apple App Store charts, now at No. 5 in the free app category (it was No. 12 this morning). The promotion is also launching on Android this afternoon.

And as of this writing, it’s only New Year’s resolution time in about half the world.

Qualcomm once had high hopes for the service. However, Jacobs acknowledged at a Churchill Club event last week that, outside of certain live events such as sports, it probably makes sense to offer mobile TV via on-demand streaming, rather than as a broadcast.

To be fully eligible for the rebate, customers must have purchased and activated the service, though there is also a form for those who didn’t even make it that far.

Qualcomm doesn’t want your unit back (apparently, it doesn’t want a bunch of FloTVs, either). Instead, the company’s Web site lists some recycling options. Or you could always keep it as a collector’s item–an early adopter badge of glory.

It’s worth noting that your service gets deactivated once the refund is processed, so on the off-chance you are still watching your Flo, you might want to wait until March to send in your form.

While the news has been be out there for a month, Miramax officially confirmed this morning that former News Corp. exec Mike Lang was named CEO of the Hollywood movie company.

What will be interesting about that for digital content players will be to see exactly what the man who was deeply involved in deals to buy the Myspace social networking site and also create the Hulu premium video service will do with Miramax’s rich trove of more than 700 award-winning films, including “Shakespeare in Love” and “Pulp Fiction,” in its movie library.

Lang left his post as EVP of business development and strategy at Fox Entertainment, including its film studio, broadcast network, sports and cable channel, earlier this year.

BoomTown spoke to him last night about his new job, which came after he advised the group that finally won Miramax–Filmyard Holdings.

“We are trying to take this company to the next level by exploring not only our traditional options, but our digital ones,” he said.

Miramax will not be aggressive in making new movies, but in taking advantage of the sequel rights it has to a number of hits, as well as the existing movies, which include four of the last 15 Best Picture Oscar winners.

“Our strategy is still emerging, but we want to exploit our assets in a variety of ways,” said Lang, who noted that could include everything from subscription deals with online video services, such as Netflix and Amazon, to digital content lockers in the cloud.

“We want people to be able to access our content across multiple medias,” he said. “We’ll take any payment, of course, but we also have to be smart about how we do these things.”

Lang, who has always had a foot in both worlds, said he thinks that digital media could develop similarly to the way traditional media has.

“There is no reason to think that digital will not emulate older media, with different windows in which subscribers watch content,” he said.

But, said Lang, he also thinks there is still life in physical media, such as Blu-ray players.

Since the deal just closed with former Miramax owner Disney, there are no employees yet for the Santa Monica, Calif.-based company.

But once he staffs up, Langs said he hopes to present a different picture of Hollywood to the digerati than the more typical wary hostility.

“Our goal really is we want to send a signal that we are a different company,” said Lang. “Not only about digital, but in being an innovative company.”

Here is the official press release about Lang:

MICHAEL LANG NAMED MIRAMAX CEO

SANTA MONICA, CA–December 8, 2010–Miramax today announced that Michael Lang has been appointed chief executive officer, effective immediately. Lang will be based at the new Miramax headquarters in Santa Monica and will oversee the renowned Miramax film library, which was acquired by Filmyard Holdings on December 3, 2010.

“I have known and worked closely with Mike for almost 20 years and have always respected his talents,” said Richard Nanula, chairman of Miramax and a principal at Colony Capital. “We are confident that he is the right person to lead Miramax in its next phase of growth.”

“I have always admired the Miramax library, which includes many respected titles and award-winning films,” said Lang. “Based on the quality of these assets, I believe bringing new life to this library–by working with traditional and new partners–will be an exciting and unprecedented story of growth and innovation. I am honored by this opportunity, and I look forward to working with my partners as we build a new kind of media company.”

Lang, 45, most recently served as a consultant to Filmyard in its acquisition of Miramax. Prior to that, he was EVP, Business Development and Strategy at Fox Entertainment, responsible for strategic initiatives across News Corp.’s entertainment assets, including Fox’s film studio, broadcast network, sports and cable channels. Lang played key roles in the acquisition of MySpace and the formation of the MySpace Music joint venture, and he led the creation of Hulu, with major broadcast partners. In addition, Lang was involved in Fox’s mobile, digital and video game initiatives. He joined Fox in 2004.

Prior to Fox, Lang served as a consultant on media-related investments. In the late ’90s, he was a founding executive of Z.com. Lang began his career at The Walt Disney Company in Strategic Planning. Lang earned his MBA with high distinction at Harvard Business School and he holds a Bachelor of Arts degree from Claremont McKenna College.

(Full disclosure: News Corp. owns Dow Jones, which owns this site.)

After BoomTown broke the news earlier today that CBS Interactive President Neil Ashe was stepping down from his job, we had a little chitchat as to why and what’s next.

“We were at the end of a successful transition and integration with CBS,” said Ashe about the media giant’s $1.8 billion purchase of CNET Networks in mid-2008, in a phone interview with me. “And so it was time for a breath of fresh air for me.”

What that breath will be, Ashe would not specify yet, because he said he had not actually looked around for a new gig as his contract with CBS was nearing its end.

“I wanted to finish this first,” he said about his job at CBS Interactive.

And what this is, said 42-year-old Ashe, is a “unique combination of Internet native and the power of broadcast media.”

He noted that the “Internet is now electricity–always on and everywhere–which means it is not such a unique thing, and so you can do almost anything.”

When Ashe came to CNET in 2002, he said the company was losing tens of millions of dollars and had to prove to marketers that online ads worked.

“It has definitely not been a straight path from there to here, and we have seen as much confusion as you can throw at us,” he said. “And, if anything now, the pace of change is accelerating.”

• Stuart Feigin, Oracle employee No. 5:

  “There was no version 1 [of Oracle software] because everyone thought, well, no one buys version 1, it’s buggy. So we started with a version 2. Well, our version two was at least as buggy as anyone’s version 1…And I describe those early versions as the roach motel of databases. The data went in, but it didn’t come out.”

  “For some reason Larry told the Bank of America, I think he told them there were 15 of us when in fact there were five of us. Now I’m not sure why the Bank of America would think differently of you if you’re 5 or 15, but Larry had given them a number, which was a little larger than reality.”

• Bruce Scott, Oracle co-founder:
  “I remember him very distinctly telling me one time: Bruce, we can’t be successful unless we lie to customers.”

  “All the things that you would read in books of somebody being a leader, he wasn’t. But he was tenacious; he would never give up on anything.”

• Gary Bloom, former Oracle EVP

  “I have a theory that Larry’s succession plan for Oracle is he is trying to figure out a way that when he’s six feet under in a grave, he can still run Oracle.”

Sadly missing from the broadcast, my favorite Ellison story/folktale of all time: Back in 1999, he had an enormous boulder installed in the master bathroom at Sanbashi, his Samurai-style home in Woodside, Calif. Ellison reportedly “auditioned” several boulders, pretending to shower in front of them, before settling on the 30-ton stone that would become his “shower rock.”

The deal is the latest in a string of pacts that are fast transforming Netflix into a true Web-based movie channel. With streaming rights to films from Paramount, Lionsgate, Sony, Disney and MGM studios, and a new streaming-only service priced at $7.99 a month, the company is increasingly becoming more competitive with the cable incumbents.

A federal judge in New York has issued a temporary restraining order against FilmOn.com, which has riled up the U.S. TV industry for a couple of months. The four broadcast networks–News Corp.’s Fox, GE’s NBC, Disney’s ABC and CBS–had asked for the order on Nov. 9.

FilmOn argues that the U.S. copyright act allows it to redistribute broadcast programming; Ivi Inc., a Seattle-based company that offers a similar service, makes the same argument.

FilmOn offers a free service that’s supposed to work on conventional PCs, as well as on mobile devices like Apple’s iPad. As of Monday evening it wasn’t clear whether FilmOn had actually taken down the streams, or if the service was simply misfiring, as it has been prone to do.

UPDATE: Here’s FilmOn’s response, issued Tuesday morning:

FILMON.COM, INC. ISSUES RESPONSE REGARDING NEW YORK SOUTHERN DISTRICT COURT’S RULING ON CBS BROADCASTING, INC., ET AL v. FILMON.COM, INC., TEMPORARY RESTRAINING ORDER

Los Angeles, CA – November 23, 2010 –FilmOn.com Inc. CEO and Chairman, Alki David today issued the following statement regarding the ruling made by the New York Southern District Court, which issued a temporary restraining order, in effect pending the court’s decision on if it will issue a preliminary injunction.

“We respect the Court’s decision in this matter and have temporarily ceased retransmission of free network television on FilmOn. In the few weeks FilmOn provided free access to basic television on consumers’ mobile devices, it received more than 30 million individual users. We also garnered dozens of positive reviews about our free service’s quality and ease of use. We have, in essence, shown full proof of concept of the FilmOn delivery system–proving that millions of viewers will watch our superior television service online, all with commercials, adding millions of extra impressions that enhance network’s value to its viewers and advertisers.”

“FilmOn has succeeded in securing partnerships with several independent broadcast channels to be able to keep a compelling live offering online in the near future. Coupled with our own library of content and that of our partners, FilmOn will remain open for business. “

We do expect to bring the major networks back to our lineup in the near future, all in a legitimate and collaborative business model. We have already begun very positive discussions with TV networks affiliates and other content owners to provide our delivery service and measurement analytics to stream their live content online.

Scott Zarin, Zarin & Associates P.C., legal counsel for FilmOn added:

“In addressing FilmOn’s argument that it is exempt from copyright infringement liability as a cable system, the court indicated that it was not convinced–on the facts currently known to it–which this is the case. Although the court issued a Temporary Restraining Order, it is providing FilmOn with an opportunity to elaborate upon its ‘cable system’ argument more thoroughly in a hearing on the Networks’ request for a preliminary injunction.

“FilmOn will be drafting papers in opposition to the Networks’ motion for a preliminary injunction in the coming weeks, with which it expects to submit to the court the opinion of an expert on FilmOn’s technology in order to demonstrate that FilmOn is indeed a cable system. If FilmOn successfully opposes the Networks’ motion for a preliminary injunction, the court’s Temporary Restraining Order–which by law can only remain in effect for a short duration–will be dissolved.”

Owners of the major broadcast-television networks are suing in federal court two start-up companies that stream broadcast TV stations online without their consent, arguing the start-ups are infringing on their copyrights. A judge in New York has scheduled a hearing Monday on the networks’ request for a temporary restraining order against FilmOn.com Inc., while another case against Ivi Inc. could be heard in coming weeks.

Ivi and FilmOn, which grab free over-the-air broadcast signals and convert them to online streams, are claiming their right to distribute the networks under a provision in the U.S. Copyright Act. Seattle-based Ivi is also arguing that Ivi isn’t governed by a separate communications statute that requires cable and satellite companies to negotiate licenses with content owners before transmitting their networks.

Read the rest of this post on the original site

I’m not a thief. We’re a bona fide business. We’re not pirates.”

-FilmOn founder Alki David, in response to a restraining order filed by the U.S. broadcast networks, who want him to stop streaming their programming over the Web and to your iPad.

You can get it right now, by heading to FilmOn.com, where you can get streams of several local L.A. TV stations, which means you can get whatever NBC, ABC, CBS and Fox are broadcasting. You can also get a few cable channels, like Time Warner’s CNN International, as well as a couple of porn feeds.

It’s incredibly easy, and it’s a very high-quality feed, with very little lag. This screenshot of NBC’s “Today Show” isn’t very exciting, but it is current–I took it a few minutes ago.

You can also get FilmOn via a conventional PC, but that requires a download, so it’s not quite as convenient. But it’s still very easy, and while FilmOn has said it would charge for the service, it’s free for now.

How is this possible? It shouldn’t be, according to the networks, who are suing FilmOn and founder Alki David. They’re also suing ivi.TV, which is doing something similar with feeds from Seattle TV stations.

Both FilmOn and ivi are arguing that they’re within their rights based on an interpretation of FCC rules that allow “secondary transmissions” of broadcast signals.

The networks, of course, will work very, very hard to shoot down that argument, for obvious reasons. Ivi and FilmOn have been out for several weeks, but a note from industry analyst Rich Greenfield (registration required) this morning is going to increase the attention the two companies have been getting.

Meanwhile, it will be interesting to see how Apple plays this. Steve Jobs has big plans for the TV business, but they generally involve working with the networks and studios so that they can charge money for their shows on his devices.

On the other hand, since FilmOn is getting to the iPad over the free Web, instead of an Apple-approved app, I’m not sure how Jobs could stop the transmission. Even if he wants to.

UPDATE: Ivi’s Hal Bringman wants us to know that in addition to Seattle, his service also offers streams from New York broadcast stations, and will start offering from L.A. this weekend. Up next–Chicago and Philadelphia. Bringman says his company also has an iPad app in the works, but that one will require a $4.95 monthly fee.

But the troubled Web property is a…really troubled Web property, its News Corp. parent stressed today. And it needs to get its act together before it gets kicked off campus.

That’s the message that COO Chase Carey took pains to get across during his company’s earnings call this afternoon.

Revenue at Myspace was down $70 million compared to the same quarter a year ago, the company said, and “traffic numbers are still not going in the right direction, Carey said. Which means that its “current losses are not acceptable or sustainable.”

Okay. But Myspace has been in decline for some time, and Jon Miller and Mike Jones have been trying to fix it for more than a year. And last year at this time, we heard a similar assessment, only then Carey kept calling the site a “work in progress.” So how much more time do they have?

Carey: “We judge in quarters, not in years.”

My understanding is that when Miller took the job as News Corp.’s chief digital officer in the spring of 2009, he believed he had a real shot at fixing the social network, which had already cooled from red-hot to not at all.

But sources in and out of News Corp. tell me that Miller and his team are now merely hoping to patch the service long enough to find a buyer. Perhaps no one has told Carey, who seems to be conducting an anti-sales pitch.

——————-

EARLIER:

First look at Rupert Murdoch’s latest report card: News Corp. ended the September quarter with revenue of $7.4 billion and earnings of $0.27 a share (after factoring out a one-time tax gain). That’s almost exactly what the Street was looking for–expectations were $7.4 billion and $0.24 per share.

A quick run-through by unit:

• Cable: Up, because ad dollars are up and so are those affiliate fees that cable providers don’t want to pay but do.
• Movies: Down, because last year the company had an “Ice Age” movie in its results, and this year it’s fairly hit-less. It is making money selling reruns of “How I Met Your Mother,” though.
• Broadcast TV: Up, because local TV stations are doing better than last year, when they were still crippled by the recession.
• Satellite: Down, because costs were up.
• Publishing: Up, because newspapers are doing better than last year, when they were terrible. Ad revenue is up 13 percent worldwide. (This is where I note that News Corp. owns Dow Jones, which owns this site.)
• Random other stuff: Down, in large part because of Myspace and the rest of News Corp.’s digital unit, which is still trying to turn around.

I’ll come back to liveblog the conference call at 4:30 eastern, in the hopes that Murdoch says something interesting about politics, pay walls, the economy, Myspace, Apple and/or Google. He usually does!

LIVEBLOG:

BIG bummer: No Rupert on call today–because he’s traveling. (Some place with no phones? What’s up with that?)

CFO Dave DeVoe running through segment performance.

Cable: Some boasting about Fox News, FX, Big 10 Network, etc.

Movies: Nothing new here.

TV: TV stations up, but broadcast network losses up big “from higher cancellation costs.”

Satellite: [Apologies, had to duck out for a second.]

Newspapers: Again, ads up in all big newspapers.

Other/Digital: $70 million lower search and ad revenue at Myspace y/y.

Guidance: Leaving unchanged (though DeVoe notes that Myspace is still under plan).

COO Chase Carey:

Lots of focus on our retrans deals, and they are “critical” to our future. “We will be taking this business to a whole new level of profitability.”

Lots of growth ahead in International pay TV market.

Walk through of “key initiatives” throughout the company.

[Still sulking over Rupert-less call.]

Fox Film hasn’t had breakout hits, but no stinkers “in an industry known for them.”

We’ve got Jim Cameron locked up for Avatar 2 and 3, you know. And Modern Family is going to make us a pile of money in syndication.

Wish the World Series wasn’t such a bummer, and a short one. But NFL on Fox doing great.

WSJ still growing. Building digital business that “will take time to emerge.” “We feel very good” about subscription business in U.K.

“We’ve been clear that Myspace has been a problem.”

But relaunching “and we feel really good about” it. “Current losses are not acceptable or sustainable” and current management knows it, even though it’s not their fault.

But we know that we have to work very hard in coming months to get this thing sustainable.

[This is some of the most negative commentary I've heard yet from News Corp. on Myspace. Hard to sell an asset when you're describing it this way.]

Q&A:

Myspace: How much time do you give the relaunch to figure out if it’s successful. And what if it’s not?

Carey: We judge in quarters, not in years. Goal is to get to a place where top-line revenue is going in the right direction and “a clear path to profitability.”

We feel good about the relaunch. But “our traffic numbers are still not going in the right direction” and we have to stabilize that.

Fox TV content on digital platforms: It’s available on Hulu and Fox.com. How is that strategy going, and will you continue to be open?

Carey: Broadly: “This digital arena is still evolving.” We’re very focused on managing rights. Key issues: Windows, ad load, pricing. [Not answering at all, really.] “We think the digital arena is a very important one” particularly mobile, iPad, but “look, scarcity of our product is a real value.” But we’re learning as we go. “I do think it’s important that the digital platforms continue to develop dual revenue stream options.” That’s critical, and options are just beginning to evolve.

More on Myspace: There are a lot of operations in “other” besides Myspace: Mobile, Fox Audience Network, etc. What else could improve there?

Carey: Only two other businesses in there: Mobile, and outdoor networks, (and IGN). Not a lot of room for growth in those businesses.

So it’s really about Myspace?

Yes.

Avatar: What’s upside here?

Carey: Sequel to the most successful film ever? It should be pretty good! “Enormous events, without comparison or rival.”

[Please bring Rupert back!]

Please talk about terms of new Cameron deal?

Nope.

On retrans: Cablevision said they got better terms by holding out for a couple weeks. How do you react to that? If true, will we see more of these holdouts?

[Also a question about BSkyB I'm not that interested in.]

Carey: Mostly I saw Cablevision complaining that the government didn’t bail them out. But we feel pretty good about where we are. We didn’t think the government needed to get into it, and it would have been nice if the government would have been clear up front “it may not have gone off the air at all,” but whatever–”this was a matter to be dealt with between private parties.” [Ignore all those press releases we sent out!]

Can you talk about advertising trends and expectations?

DeVoe [I think]: They haven’t changed.

Cable margins: How long can you keep growing them?

Carey: We have room to drive a number of our channels, via more distribution, jacking up fees, advertising, etc.

What about getting more money from regional sports networks?

Carey: Won’t get into specifics.

[We want Rupe! We want Rupe!]

International channels seem to be doing well. Where is that growth coming from?

Carey: Part of it is the weak U.S. dollar. But overall, growth is “big and broad.”

Oh man. Even Chase Carey is yawning as he answers the question.

[Skipping accounting question.]

Back to network TV: Please talk about sports programming costs, etc. NFL, baseball, NASCAR. You spend a lot. Does retrans help support those costs? Or will you move some of that to cable?

Carey: I don’t think it makes sense to differentiate broadcast and cable much anymore. That’s the point of retrans–to make broadcast look like cable, with dual revenue stream.

On sports: It’s expensive, and draws big crowds. “It’s a unique strength in a world of DVRS” but “they come with big price tags.” We’d like to continue running it, but we have to do it at the right price.

Retrans does help, though–networks that are only ad-supported won’t be able to pay for these rights over time. Still, gotta be disciplined, etc.

Back to digital: What’s going on with Google TV? Are you thinking about different devices and different screens as a way to window, instead of calendar? I.e.: Make it available on PC but not on the big screen, etc.

Carey: I think within the house, the difference between screens won’t matter. I do think mobile is a discrete platform. [And some general chatter about tablets.]

But generally, “our content is incredibly valuable” and “we’re not going to throw it out there for everybody” unless we get compensated for it.

[Boring question about syndicated TV. Carey flipping through papers]

Hey, what about M&A deals, like Yahoo?

“Things like Yahoo are because the press needs things to write about.” [Zing! Also, hey, Jon Miller!] “We don’t need to make any acquisitions. But if there’s something out there, we should consider it, but we’ll do it in a very disciplined way” like we have in the past. Generally, we’d rather build than buy. “But if we see something we can acquire at a very attractive price that fits, we’ll take a look at it.” We’re not shopping.

[Skipping another cable channel question.]

Time for press Q&A:

How do you make broadcast look more like cable?

Carey: Retrans fees, like we’ve been talking about for the past couple years.

What about doing “premium video” (windowing movie release on TV?).

Carey: Looking at it.

What about further delaying movies to Netflix, Redbox beyond 28-day window (Warner talked about this today)?

Carey: We’re okay right now, but we’re looking at it. But as VOD grows, windows will change and evolve. But right now “we feel what windowing we’ve done has been good for us.”

Color on Apple TV 99-cent rental, please:

Carey: It’s pretty new. Only relevant for the past month or so. Too early to judge.

What’s your vision for European and British markets after you buy Sky? Will you buy Endemol?

Carey: Don’t really want to talk about it, too early.

Please talk about Times of London pay wall performance to date. Also, what are you thinking about your iPad newspaper in the U.S.?

Carey: Re U.K.: “We feel very good about it. Realistically, it’s very early….This is not something that’s a one or two quarter game.”

Same thing with the “whole digital arena” evolving, etc.

Hah. Refuses to talk about iPad newspaper. Which is not a newspaper!

Call finished, mercifully.

That post was based on a “Parker Spitzer” show highlight clip that disappeared from CNN.com when the broadcast version of the Schmidt interview was finally published. Sadly, that final cut did not include Schmidt’s helpful suggestion for combating Street View anxiety. An odd omission, considering Google’s admission on the same day as the interview that its Street View cars had intercepted even more payload information from open Wi-Fi connections than originally thought.

In any event, below you’ll find the excerpt and Schmidt’s quote in all its creepy glory.

Oh, one last thing for the conspiracy minded. CNN says Google did not ask that Schmidt’s remark be removed from the broadcast version of the show. “Producers routinely make editorial decisions about what sound bites to include in their shows,” a spokesperson told me via email. “In this case, the clip was posted on cnn.com and disseminated to other media outlets and was widely available.”

Hulu Plus was supposed to be the video site’s strategy to generate a second revenue stream to complement the free, ad-supported site that launched in 2008.

The idea is that paying subscribers get access to a deeper catalog of TV shows and movies than what the free service offers, as well as the ability to watch Hulu on devices like Apple’s iPhone and iPad, Microsoft’s Xbox 360 game machine and Internet-connected TVs from Samsung and Sony.

But a price cut would indicate that consumers haven’t bought in to the pitch. That shouldn’t be a shock, considering the other video options that consumers have, and the limits that Hulu’s content providers have placed on the service.

At $8.99 a month, for instance, Netflix subscribers get access to a very deep catalog of movies and TV shows delivered on DVD, and a growing number of titles delivered to their PCs, phones or iPads.

But Hulu Plus is limited primarily to current  broadcast shows from its three owners–Disney’s ABC, GE’s NBC and News Corp.’s Fox–as well as other shows that have stopped running on TV. (News Corp. also owns Dow Jones, which owns this site.)

And tensions between programmers and cable providers mean that Hulu won’t give subscribers access to current cable shows from those same partners–even though some of them are (barely) available on conventional Hulu. “It’s a broadcast-focused service,” in the words of CEO Jason Kilar.

Hulu declined to comment about the service, which is still officially in beta mode.

EARLIER:
One new twist in the Cablevision-News Corp. fight: News Corp. has cut off Cablevision subscribers’ access to its shows on Hulu, the video site joint venture, as well as on its own Fox.com.

Here’s a screenshot from Fortune.com columnist Seth Weintraub, taken this afternoon when he tried to watch a Fox show on the site, which is co-owned by News Corp., Disney’s ABC and GE’s NBC Universal:

News Corp.’s comment, via Fox Networks PR guy Scott Grogin: “Fox.com and Fox content on hulu is unavailable to Cablevision subscribers.”

And here’s Hulu PR rep Elisa Schreiber:

Unfortunately, we were put in a position of needing to block Fox content on Hulu in order to remain neutral during contract negotiations between Fox and Cablevision. This only includes Fox content. All other Hulu content is accessible to Cablevision internet subscribers. We regret the impact on Cablevision customers and look forward to returning Fox content to those users as soon as possible.

This is an important escalation from News Corp. (which owns this Web site) in its fight to extract more dollars from its cable partners.

In the past, cable subscribers who couldn’t get Fox shows during fee disputes were still able to watch some of them via Hulu. I know that News Corp. has discussed shutting off access to the site during past fee fights, but as far as I know this is the first time they’ve actually done it.

It’s also a logical move, at least from News Corp.’s perspective.

If it’s trying to increase the pain felt by Cablevision and its subscribers, it may as well use every tool it has. And in the past, the Web has been used against programmers like Fox in these fights: Last year, when Time Warner Cable was fighting with News Corp., it prepared a video showing customers how to find their favorite shows on sites like Hulu.

But while the move is certain to rile up the digerati (astonished industry executive to me, over the phone, just now: “That is crazy!) I’m not sure how much real impact it will have in the fight.

News Corp.’s most valuable weapon is access to the Phillies-Giants playoff game tonight, and the New York Giants-Detroit Lions game tomorrow.

Both are scheduled to air on Fox, and many of Cablevision’s three million subscribers who live in the New York area will holler loudly if they can’t see them. But they wouldn’t be able to see them on Hulu or Fox.com, anyway.

Instead, those sites are used to show reruns of Fox broadcast shows. That means Cablevision subs can’t see Sunday night’s episode of “The Simpsons” on Monday, but that’s not the same kind of impact.

The national broadcast television networks aren’t the only ones debuting a fall series season.

CollegeHumor Media, the online comedy video site, is also trying out three longer-term, weekly series rather than the more typical “viral one-offs,” it said.

“The whole idea is to get people to start thinking of CollegeHumor less as a comedy show, and more as a comedy network.” said CollegeHumor’s President of Original Content, Sam Reich, in a statement.

Thus, the New York-based unit of IAC/InterActiveCorp (IACI) is offering:

“Full Benefits”–What happens when your friend with benefits is also a co-worker? Well, presumably, hilarity ensues!

“Hello My Name Is”–A professional make-up artist is hired to apply prosthetics to cast member Josh Ruben. When the process is complete, does hilarity ensue?

“Very Mary Kate”–Life can be tough for a former child star with only a few billion dollars, a 26-bedroom apartment and a trusty bodyguard to her name. Hilarity or something like it, I think.

As you will see from these three videos, they are all still a little not-ready-for-prime-time, but it’s a nice effort, especially from the adorkable couple in “Full Benefits.”

Enjoy:

That’s not much of a surprise, given the relentless marketing campaign by the makers of “The Social Network,” which opened wide last Friday. It has garnered terrific critical acclaim.

Still, BoomTown was quite surprised to see a mention of the film on one of my favorite celebrity sites, TMZ.com.

Of course, because it is gossip-saturated, TMZ featured it as one of its naughty regular features called “Who’d You Rather?”

As in…well, you get the point.

This time they pitted Facebook CEO and co-founder Mark Zuckerberg against the Winklevoss twins in a “Facebook Fight.”

“As part of the movie ‘The Social Network,’ twin brothers Tyler and Cameron Winklevoss claim their Harvard [University] classmate Mark Zuckerberg stole their idea and created what is now this little website called Facebook,” TMZ wrote.

Also surprising, as you can see from the screenshot above, given what hunks of dudeness the Winklevii clearly are, is that Zuckerberg seems to be attracting one-third of the votes compared with their two-thirds.

And since there are two of them, the billionaire social networking wunderkind could be considered tied with the brothers!

Sweet justice after the slamming the Winklevii have been giving Zuckerberg in the media of late, even though they had signed a confidentiality agreement after their first $65 million settlement with him?

The Winklevii are trying to have that overturned and are inexplicably going for more, of course, which should keep the themes of the movie resonating for a while.

That will also be true if “The Social Network” garners some award nominations, especially the Oscar.

Also interesting will be to see if the movie will perform well this weekend or will drop off. It’s so far proved popular in the big cities on the coasts and in Silicon Valley, but now it has to go wide to make some real dough.

But, for sure, it will be on television eventually. Today, the FX cable network said it had bought the broadcast premiere rights to the movie.