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“Because we find that the district court did not abuse its discretion in imposing sanctions against EchoStar, we affirm the finding of contempt,” the court wrote in the 36-page ruling.

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Underwhelmed

The majority of TV ad buyers say they think their spots are less useful than they used to be. At least according to a new study from Forrester-ANA, which surveys top advertisers: 62 percent feel TV ads “are not as effective” as they were two years ago.

The Forrester (FORR) study is full of nuggets that will cheer those who want to radically transform the TV ad model. For instance:

• Ad buyers have reduced the amount they are spending on TV and are now allotting just 41 percent of their budgets to the boob tube, compared with 58 percent in 2008.
• 66 percent think DVRs “will destroy or reduce the effectiveness” of the 30-second ad.
• They overwhelmingly hate the existing metrics used to measure TV programming.
• 63 percent think Google (GOOG) will dominate “tomorrow’s big advertising winners,” ahead of cable operators (53 percent), cable networks (47 percent) and broadcast networks (nine percent).

So when can we declare traditional TV ads DOA? No time soon. Even in decline, TV ads are a $70 billion business, give or take a billion, and it’s going to take a lot effort to move an industry that size–even mighty Google has had no luck to date.

Consider this scenario from Bernstein Research analyst Craig Moffett.

Imagine a portable set top box, but with its own killer screen. When in the home, it would be docked in a cradle connected to iTunes via a wired broadband pipe. Navigation of programming guides and iTunes listings would occur on the iPad, using an intuitive touch interface. Output would go directly to the wide-screen TV on the wall…until you left the house. Then, you’d simply pop the device out of its cradle and take it with you. And in the process, you’d be taking your TV with you as well. A 3G (and eventually 4G) wireless connection would allow you to keep watching live TV in the back of the car or cab. Once you got on the airplane you could choose from a library of your favorite shows saved on your DVR…which also happens to be a half-inch thick ergonomically gorgeous high definition tilt-sensitive screen that fits comfortably in your hands.

A dockable, portable set-top box with LED-backlit widescreen display? Seems a bit of a stretch at this point. And it would be enormously bandwidth-intensive. But it’s not entirely inconceivable, is it?

UPDATE: Mark Sigal recently made a similar observation over at O’Reilly Radar, using MLB’s iPad app as an example:

Similarly, MLB (Major League Baseball) showcased their MLB app, which overlays graphics, information feeds, video clips and live game programming in a way that is simultaneously immersive, interactive and highly entertaining. It is both suggestive of a media-centric killer app for the IPad and a bellwether for the future of TV Anywhere, yet another reason that I believe Apple’s ambitions with respect to Apple TV remain very much alive.

Janney Montgomery Scott analyst Tony Wible pointed out in a short research note today that TiVo’s $250 HD DVR–the primary SKU for its stand-alone business–is out of stock on both TiVo.com and BestBuy.com (BBY).

That could reflect strong holiday sales, he says. But he thinks it is “a likely harbinger that a new product launch in on the way.”

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Hi there! Salivating for tonight’s show? Me too.

But I have a request. Please hear me out.

Like you, I’ve invested an embarrassingly substantial number of hours in this thing. And I can’t wait for one last season with Jack, Locke, et al. (Especially Locke. Can’t get enough Locke.)

But unlike some of you, I’m probably not going to be able to watch every show in real-time. Various life requirements are going to force me to watch at least some of these a day or two later on the DVR (or ABC.com or Hulu in a pinch).

Which would be fine, except that I’m also on Twitter a lot, and so are many of you. And many of you want to tweet about the show while it’s running and during its aftermath.

I don’t know why that is. I get the idea of Twittering along with live communal events like “American Idol” or pro football. But you guys realize that “Lost” episodes were taped months ago, right?

Anyway, I’m not here to judge! Just to ask for your help.

My ask: It’d be really great if you folks could lay off the “Lost” tweets until a few days after each show. Because otherwise, I–and, I suspect many other people, as well–will have to make an unpleasant choice: Stop using Twitter for several days a week or wade through lots and lots of spoilers. (This is apparently not a Hobbesian Choice but a Morton’s Fork. Thanks, Wikipedia!)

Yes, I think it’s theoretically possible for me to set up Twitter clients like Tweetdeck to strike some “Lost”-related tweets from my stream. But not all of them.

I also suppose we could also ask Biz Stone and crew to somehow filter out “Lost” tweets from the mainstream, but I think those guys have more important stuff to do. (One other alternative would be to ask all you Twittering real-time “Lost” watchers to head somewhere else for a bit, like Hot Potato, which is supposed to work for just this sort of thing. But I can understand if you’re not up for embracing yet another messaging service.)

So. What do you think ? I’m not asking for much, I think. Just a little near-term restraint. Let’s say two days, max.

That lets the rest of us catch up–remember, East Coasters, that the poor folks on the other side of the country are three hours behind to begin with. And then we can join the rest of you, and we can all discuss this awesome show in 140 or fewer characters.

Thanks in advance for your consideration,

Peter

P.S.: I bet the smoke monster is Jack’s dad. Or something.

The trusty radio has finally received an upgrade—to the world of high definition. HD Radio, which has been gathering steam for a few years, sounds better and offers more channels than traditional radio. It also sends properly equipped devices text data like a song’s title and artist name as well as traffic, weather and stock information. One HD Radio even lets you pause programming in mid-stream, so you don’t have to miss a song or NPR story just because you’re drying your hair. And future HD Radio devices will record programming like television DVRs do now.

The Sony (above) and Coby Electronics (below) devices use HD Radio technology to play more stations at better sound quality.

This week, I tested three HD Radio devices to see what all the hype was about: Best Buy’s Insignia $50 HD Radio Portable Player (http://bit.ly/75FcIc); Coby Electronics Corp.’s $100 Portable HD Radio System (http://bit.ly/6G6g4Q); and Sony’s $160 HD Radio with Dock for iPod + iPhone (http://bit.ly/8c0Bqf). I also talked with iBiquity Digital Corp., the company that developed HD Radio technology and licenses it to broadcasters and radio manufacturers, about how this works.

I found some worthwhile offerings in HD Radio, like commercial-free, sub-channels within existing stations and better sound quality. IBiquity claims that HD Radio makes FM stations sound like CD quality and AM stations sound like FM; to my ear, this seemed to be true.

Overall, I didn’t hear enough incredibly great content or sound quality to want to run out and replace my old radios. Washington, D.C., where I live, supposedly offers 41 HD Radio channels, but I couldn’t find as many as that. Over 2,000 primary HD Radio stations and some 1,100 sub-channels can be heard in all 50 states and Puerto Rico, but some areas won’t offer as many stations, according to iBiquity.

Tuning in each HD station takes longer, like the way changing channels on a digital TV takes an extra second. But in my tests, this process took five seconds or more per change of channel. This kind of delay is enough to try anyone’s patience.

It might help to explain the technology behind HD Radio. HD Radio makes it possible for local broadcasters to transmit content via digital signals on existing AM and FM frequencies. The digital signals are encrypted and eliminate static heard in analog broadcasts, resulting in better sound quality. But they take longer to be decoded by HD Radio receivers.

Many people mistakenly think that in order to listen to HD Radio, they must pay an extra monthly fee like with satellite radio. If you buy an HD Radio device, you’ll only pay for it because the service itself is free; its price is built into the cost of the hardware.

Besides boosting the signal, HD Radio offers extra channels of programming you wouldn’t hear on a regular set. It allows existing FM channels to play additional content on “multicast” channels. Most multicast channels are commercial-free, and they appear on the radio’s display as HD2 and HD3.

Don’t confuse HD Radio with the text data that scrolls across the screens of many current radios, like my car radio. This is a non-audio service called Radio Broadcast Data System that has been around for a while.

Each of the radios I tested offered an HD Seek feature—a way of skimming through all stations to find and play those that could be heard in HD. But HD Seek didn’t stop on multicast channels; to get to those on each radio, I had to press buttons to tune up or down while listeningwhile already listening to to a main HD radio channel. Some HD Radio models have HD Seek tuning functions that find HD1 stations as well as HD2 and HD3 channels. I saved these HD2 and HD3 multicast channels in my radio presets so they were easier to find again.

While a radio was tuning in, or linking into, a channel (the process that took several seconds), an “HD” logo flashed on each radio’s display. This logo turned solid when the station was found and finally started playing. I listened to multicast channels like a bluegrass/country station from my local NPR channel. Another station’s two multicast channels played “South Asian” music and the Mormon Channel.

As its name suggests, Sony’s HD Radio with Dock for iPod + iPhone has a built-in dock for iPods, iPhones and iPod Touches. If, while using this radio, you hear a song on an HD channel that you like, you can hit a “Tag” button to save information about that song. The next time you dock an iPod, iPhone or iPod Touch into the Sony radio, these tags are transferred onto the portable player. When you plug that device into a computer and open the iTunes Store, a list of the tagged songs appears, making it easier to recall songs you liked and may want to buy. This radio is a tabletop model and has the largest display screen of the three radios I tested. It also comes with a remote. It saves up to 20 FM and 20 AM presets.

The Insignia HD Radio Portable Player is a much smaller unit that comes with earbuds and an armband for exercising. If this radio tuned in an HD channel that offered multicast sub-channels, these were indicated on the display with a “+” sign, like “HD1+.” The Insignia radio stores 10 preset stations.

The Coby Electronics Portable HD Radio System resembled a single, lightweight speaker with a wheel, six buttons and a digital display on it. IBiquity Digital said this model uses an older HD Radio technology that doesn’t offer as much reception sensitivity as the Sony and Insignia. Still, it was simple to use, and its wheel made it a cinch to tune in HD2 and HD3 channels. It stores up to 10 presets.

In September, when Microsoft’s Zune HD was released, I tested its built-in HD Radio, the only such device capable of pausing live radio content. I paused music and talk radio on the Zune’s HD Radio when my phone rang, then un-paused the station to resume. This doesn’t work if the device is turned off and on again before resuming play.

Along with stand-alone radios, HD Radio receivers also are becoming more common in home audio systems and in cars. But while HD Radio’s sound quality and extra channels are definite pluses, the number of available stations needs to improve to make the wait for the HD channels to start playing more tolerable.

Edited by Walter S. Mossberg.

Write to Katherine Boehret at mossbergsolution@wsj.com

This week: We friended Ethan Beard, director of the Facebook Developer Network, and had a sit-down with him at the social networking company’s Silicon Valley HQ to talk about–of course–the importance of platforms.

Who: Ethan Beard

What: Director of the Facebook Developer Network

Why: After stints in investment banking, Viacom (VIA) music service MTV Networks and most recently, Google (GOOG), Ethan made the move to Facebook almost two years ago.

Where: Facebook Developer Blog (Web site); @ethanbeard (Twitter); Palo Alto, Calif. (analog place)

Who Else: Everyone has been trying to spread social graphs deeper into the Web, but Facebook dominates.

Five Stats You Won’t Find in His Facebook Profile:

Worst Job: I worked one summer for the United States Postal Service, sorting mail at a post office in Bangor, Maine. Yeah, that was pretty bad. Basically, it was just endless piles of mail that you had to sort into different little holes. And you’d have, like, your timed break, 10 minutes every couple of hours or something. You’d deal with these unionized people who’d been working at the post office forever, who would smoke cigarettes and play cribbage during their 10 minutes and then back to sorting.

Has a Geek Crush on: In the tech world, I’m a big fan of Alan Kay, both because he’s super geeky and super thoughtful.

Gadget of the Moment: Well, when I was at Google, I worked a lot with early Android stuff, so I’m very intrigued by the Nexus One. I’d like to get my hands on one, but haven’t yet.

What Do You Hope the Upcoming magic Apple (AAPL) Tablet Will Do?: Respond to my emails. Or at least delete some of them.

Fails At: I’m a miserable snowboarder. That’s not a good answer though. My wife would say that I never seem to stop working.

Bio in 140 Characters

Hails from Winterport, Maine. Got schooled at Wharton and NYU. He did time at an investment bank. Left for MTV, Google and now Facebook.

The Five Questions

We’ve heard “It’s not just a Web site, it’s a platform” before. What is Facebook offering today that sets it apart?

The Facebook platform is actually very different than many platforms that have come in the past. The app platform is actually a lot more like standard platforms. It’s a development environment with lots of different UI elements you can integrate and build this experience. But really, what we’ve done with Facebook Connect is change Facebook platform to make it cross-platform.

Facebook platform is on Facebook.com, but it’s on lots of other Web sites: It’s on mobile devices; we’re pushing into gaming consoles. It’s less about a place you can build an application and more about features and functions you can add to any platform. We want to give users the tools and technology that allow them to connect with anything they care about, anywhere they are.

What industries haven’t caught on yet, or could be using social connection tools much better than they are today?

I’d point to two things. I think the media consumption space is changing very rapidly, like the TV industry is changing very rapidly. I mean, NBC is being sold not for NBC, but for all the cable assets in it. The printed news businesses is just being turned on its ear. I think there are some really great opportunities for layering in the social graph that could affect consumption habits. It can bring a different lens to what is news. Also, I’d love to be able to go to Pandora and see the stations my friends are listening to. I have some specific friends who are great at picking music. What we want to do with Facebook platform is tie those two together, so I can connect with that friend who always picks great music.

I think the DVR is a good example [of the possibilities]. I would like to be able to see what my friends are watching and interact with them based on that.

Yeah, let’s talk music for a second. I looked at your Facebook profile and saw all these bands and said to myself, “Either this guy has a music-savvy intern in his office who went to college in the 2000s and made this profile for him or he is a legit music fan.” Which is it?

I’m a big fan of music. A huge fan. I don’t really remember what’s on there. Probably Radiohead, the Decembrists, the Killers, maybe Sufjan Stevens. I like to stay current. I just bought a Sonos music player. I love having it all at my fingertips, with a little touchscreen.

Lots of big-time geeks have some strong memories of early experiences with technology. Do you have an “ah-ha” tech moment like that?

Yeah, sure, absolutely. So, when I went to college–this is a couple of decades ago now, pre-Web–my father, who worked at a university, gave me a 1200-baud modem when no one had modems. You’re probably going to read some deep-rooted psychology into this, but he was like, “This is how we’re going to communicate–we’re obviously not going to see each other and don’t expect me to talk on the phone with you. You should be sending me email.” And so, in 1990, I had this modem, and there wasn’t anything you could do with it except like log on to university computers.

There was Telnet and FTP. I didn’t need to go to the lab. I could log into Michigan’s computer from right here in my dorm room at two o’clock in the morning, which is what I tended to do. I’d log on and try to download some random shareware at two in the morning at 1200 baud, which basically meant leaving your computer on overnight, getting up in the morning, seeing that it had failed and trying again.

You’ve seen all kinds of arenas tap into the social space. What has been the sleeper hit for Facebook?

I’m gonna say the games. They didn’t catch us by surprise, but their size, success and the success of the gaming companies wasn’t something that we all saw coming. That was one that, in retrospect, makes a lot of sense, but wasn’t one that we all saw coming. Currently, I’m addicted to Bejeweled. It’s like crack on the iPhone, it’s 60 seconds long, and you’ll look at the score and realize that your mom has a higher score than you. Its not like FarmVille, where you can just say to yourself, “Well, she just has more time to farm.” It’s the same 60 seconds, so its just about how good you are.

The In Living Color Interview

]]> http://allthingsd.com/20100125/need-to-know-ethan-beard-of-facebook/feed/ 0 http://allthingsd.com/20100119/h-p-testing-a-touchless-wall-of-touch/ http://allthingsd.com/20100119/h-p-testing-a-touchless-wall-of-touch/#comments Tue, 19 Jan 2010 15:21:42 +0000 Lauren Goode http://voices.allthingsd.com/?p=20280 Hewlett-Packard (HPQ) is testing out a new design of its TouchSmart technology that doesn’t actually require customers to touch the screen.

The new design, called the “wall of touch,” is an interactive touch screen wall comprised of up to nine 43 inch to 46 inch, 1.5 inch thick panels with a resolution of 1080p. Driven by an H-P Z800 workstation, the wall acts as a large immersive H-P TouchSmart computer both in terms of content and resolution. Users can access cable feeds, satellite feeds, downloaded and streaming content from the web such as YouTube, Hulu.com, and social networking sites, as well view DVR and DVD content.

Philip McKinney, Vice President and Chief Technology Officer of H-P’s Personal Systems Group, recently stopped in New York to show off the technology. Unlike most touch screen interfaces, users don’t have to make actual contact with the wall for it to interpret their gestures.

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]]> http://allthingsd.com/20100119/h-p-testing-a-touchless-wall-of-touch/feed/ 0 http://allthingsd.com/20091109/dishs-tivo-bill-328-million-and-counting/ http://allthingsd.com/20091109/dishs-tivo-bill-328-million-and-counting/#comments Mon, 09 Nov 2009 14:27:07 +0000 Peter Kafka http://mediamemo.allthingsd.com/?p=12859 You think you’re paying too much for cable TV? Check out this nugget, buried in satellite TV provider Dish Networks’ (DISH) quarterly filing: The company has spent $328 million in its legal battle against Tivo (TIVO) this year, and that bill could keep growing.

Dish has rung up the tab while fighting one of the many patent suits Tivo has brought against cable and satellite providers, accusing them of ripping off its DVR technology. Tivo has won an initial series of rulings against Dish, forcing the company to hand over a slug of cash, but more could be coming, the satellite company noted today. What would that mean? In Securities and Exchange Commission legalese:

Depending on the amount of any additional damage or sanction award or any monetary settlement, we may be required to raise additional capital at a time and in circumstances in which we would normally not raise capital. Therefore, any capital we raise may be on terms that are unfavorable to us, which might adversely affect our financial position and results of operations and might also impair our ability to raise capital on acceptable terms in the future to fund our own operations and initiatives. We believe the cost of such capital and its terms and conditions may be substantially less attractive than our previous financings.

Gulp. On the other hand, as Barclays Capital’s Vijay Jayant notes this morning, if Dish were really worried about a coming legal bill, the company probably wouldn’t want to hand its shareholders a $900 million dividend. Let’s see how investors react today.

]]> http://allthingsd.com/20091109/dishs-tivo-bill-328-million-and-counting/feed/ 0 http://allthingsd.com/20091029/new-from-apple-apple-tv-3-0/ http://allthingsd.com/20091029/new-from-apple-apple-tv-3-0/#comments Thu, 29 Oct 2009 19:00:10 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=27762 It has been about two years since Apple last released a major firmware update for its Apple TV platform, so the release of Apple TV 3.0 today will come as welcome news to those who own the device.

Apple TV 3.0 is largely as rumored: Adding support for Internet radio, Genius Mixes, iTunes LP and iTunes Extras (bonus clips, interviews, etc.). But it boasts another new feature as well: A redesigned user interface.

Whether the debut of Apple TV 3.0 heralds a hardware refresh of the device itself is anyone’s guess. It is worth noting, though, that there’s been quite a bit of speculation recently that Cupertino is working on an overhauled device that will offer DVR capabilities and support iTunes TV show subscriptions.

As Piper Jaffray analyst Gene Munster wrote back in August: “Apple could leverage its deep library of content with many network and cable channel content owners to provide unlimited access to a sub-library of its TV shows for a standard monthly fee ($30 or $40 per month).”

According to Munster, “Such a product would effectively replace a consumer’s monthly cable bill (~$85/month) and offer access to current and older episodes of select shows on select channels. The selection would dictate the value, and several tiers could be offered, but we see this as one way for Apple to leverage its large iTunes content library as well as its unique Apple TV hardware in order to get digital video to the TV for a price significantly less than the average cable or satellite TV bill.”

Sounds sweet, right? And it would be sweeter still if it were to offer App Store support and allow users to control games and other apps via iPhone or iPod touch …

Below, the official Apple (AAPL) release:

Apple Introduces Apple TV 3.0 Software With Redesigned User Interface

Enjoy iTunes Extras, iTunes LP & Genius Mixes on Your HD TV

CUPERTINO, Calif., Oct. 29 — Apple® today introduced new Apple TV® 3.0 software featuring a redesigned main menu that makes navigating your favorite content simpler and faster, and makes enjoying the largest selection of on-demand HD movie rentals and purchases, HD TV shows, music and podcasts from the iTunes® Store even better on your TV. You can now enjoy iTunes Extras and iTunes LP in stunning fullscreen with your Apple TV, as well as listen to Genius Mixes and Internet radio through your home theater system. The new Apple TV software is available immediately free of charge to existing Apple TV owners, and Apple TV with 160GB capacity is available for just $229.

“The new software for Apple TV features a simpler and faster interface that gives you instant access to your favorite content,” said Eddy Cue, Apple’s vice president of Internet Services. “HD movies and HD TV shows from iTunes have been a huge hit with Apple TV customers, and with Apple TV 3.0 they get great new features including iTunes Extras, Genius Mixes and Internet radio.”

The redesigned main menu on Apple TV gives you instant access to your favorite content. Recently rented or purchased movies, as well as other content including TV shows, music, podcasts, photos and YouTube, are accessible directly from the new main menu. The new software also allows Apple TV users to enjoy stunning fullscreen iTunes Extras and iTunes LP, including great new movie titles such as “Star Trek” or classics like “The Wizard of Oz” and albums such as Taylor Swift’s “Fearless (Platinum Edition)” and Jack Johnson’s “En Concert.” iTunes Extras gives movie fans great additional content such as deleted scenes, interviews and interactive galleries. iTunes LP is the next evolution of the music album, delivering a rich, immersive experience for select albums on the iTunes Store by combining beautiful design with expanded visual features like live performance videos, lyrics, artwork, liner notes, interviews, photos, album credits and more.

Now Apple TV users can enjoy Genius Mixes through their home theater system and listen to up to 12 endless mixes of songs that go great together, automatically generated from their iTunes library. Customers can also enjoy Internet radio, allowing them to browse and listen to thousands of Internet radio stations, as well as tag favorite stations to listen to later. Apple TV’s support of HD photos is enhanced with iPhoto Events, which simplifies finding your favorite photos on Apple TV, as well as iPhoto® Faces, which gives access to photos organized by people identified in iPhoto.

Apple TV users have direct access to a catalog of over 8,000 Hollywood films on iTunes including over 2,000 in stunning HD video available for rent or purchase. Users can also choose from a selection of 11 million songs, 10,000 music videos and over 50,000 TV episodes to purchase directly from their Apple TV or browse and enjoy the iTunes Store podcast directory of over 175,000 free video and audio podcasts. Purchases downloaded to Apple TV are automatically synced back to iTunes on the user’s computer for enjoyment on their Mac® or PC or all current generation iPods or iPhones.* iPod touch® or iPhone® users can download the free Remote app from the App Store to control their Apple TV with a simple tap or flick of the finger.

]]> http://allthingsd.com/20091029/new-from-apple-apple-tv-3-0/feed/ 0 http://allthingsd.com/20091026/palm-pixi-launches-nov-15-for-99-after-rebates/ http://allthingsd.com/20091026/palm-pixi-launches-nov-15-for-99-after-rebates/#comments Mon, 26 Oct 2009 14:00:07 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=27459 The Pixi, Palm’s (PALM) second webOS-powered smart phone, finally has a price and a U.S. street date. This morning, Sprint (S) said the device will arrive at market Nov. 15. Price: $99.99 with a two-year contract and after a $50 instant rebate and a $100 mail-in rebate.

Not the most aggressive price considering that Amazon (AMZN) is currently offering the Pre, the Pixi’s elder, more robust sibling, for $99 (see image below; click to enlarge) with a two-year contract as well. Remember, the Pixi has a slower processor and a smaller screen than the Pre. And it doesn’t support Wi-Fi. Has some neat back covers though!

Worse, Pixi requires $200 to get out the door, and statistically speaking, there will be quite a few people who will fail to cash in that second $100 rebate. As I noted back when the Pre launched with a similar rebate program, redemption rates for offers like these typically run around 58 percent, thanks to customers who either find the process too cumbersome or forget about it entirely.

This can end up being quite lucrative for the issuing company. Consider this: In 2004, TiVo (TIVO) promised customers a $100 mail-in rebate within six to eight weeks of the purchase of a new DVR. About 50,000 of the 104,000 eligible for that offer failed to take advantage of it. That saved TiVo about $5 million.

PREVIOUSLY:

• Palm Pre: $199 After a $100 Rebate We Hope You Lose

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