[opendtv] Re: Cablevision to offer HBO Now streaming service - MarketWatch

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
  • Date: Wed, 25 Mar 2015 10:04:51 -0400

> On Mar 24, 2015, at 6:40 PM, Manfredi, Albert E 
> <albert.e.manfredi@xxxxxxxxxx> wrote:
> 
> Do you deny that with Title II as law for broadband, the ISP/MVPDs would be 
> required to carry HBO Now tout de suite? The only stipulation being that 
> whatever fair, reasonable, equitable terms are in place, and NOTHING TO DO 
> WITH any considerations of HBO Now cannibalizing the MVPD's premium tier HBO 
> offering? Simple question. Answer that, please. And now, I will demonstrate 
> how you keep missing the obvious:
> 
Obviously I agree. But I have already stated that there is no way the MVPDs 
will block HBO bits with or without Title II.

> As of now, the ISPs, except for Cablevision very recently, refuse to agree to 
> carry HBO Now, Craig.

NO BERT. They have not yet agreed to sell this new service. They cannot block 
HBO bits from other middleman like Apple.
>> 
> 
>> The MVPDs have used HBO as an enticement. For years.
> 
> Good for them. But HBO wants to offer direct to consumer right now. As of 
> now, the ISPs, except for Cablevision very recently, refuse to agree to carry 
> HBO Now, Craig.

> Isn't it wonderful about these MVPD promotional bundles. But you keep missing 
> the basic point: you are only looking at this as an MVPD. HBO wants to do 
> give consumers this new direct option, no MVPD obstacle in the way. As of 
> now, the ISPs, except for Cablevision very recently, refuse to agree to carry 
> HBO Now, Craig.

Wrong. They will carry the bits regardless of who is selling them.

> And still you miss the point. None of this matters under Title II. HBO can 
> decide how to peddle their wares **without** the MVPD considerations getting 
> in the way. There's no "room to deal" necessary at all, except whatever "fair 
> and equitable" hookup fee. HBO determined that they need to compete directly 
> against Netflix, and the ISPs are being obstacles, blocking HBO's direct path 
> to the Internet. It's that simple.

Title II has nothing to do with it. Nobody will block  HBO bits. It is up to 
the MVPDs to decide if they want to sell the new service.

> Whoa!! What an absurd argument, Craig. Net neutrality is not an issue, Craig 
> says, if AppleToys can carry the content? Wow. HBO has shown no interest in 
> Apple or anyone else acting as another exclusive gatekeeper, and they have 
> stated so verbatim.

HBO has stated that they intend to offer HBO Now via several new middlemen; 
Apple simply has a 90 day exclusive until others like Roku, Google and Amazon 
start offering the service. Cablevision is the first MVPD to agree to the 
contract terms to sell HBO Now to IT'S broadband subscribers; others are likely 
to agree to these new contract terms with HBO. But they do not have to; what 
the have to do is allow HBO bits sold by others to flow freely through their 
ISP networks.

> Sure, the owners of content want to maximize profits. But the simple fact is, 
> if these owners of content want to leverage direct Internet sales, Title II 
> guarantees them that they can do this. Without Title II, the MVPD/ISPs, with 
> conflicting interest, have **PROVEN** that they will try hard to block access 
> to that direct ISP pipe. As you have done for your entire post, Craig, you 
> consider primarily the MVPD's interests and tradeoffs, promotional bundles, 
> bla bla bla,  when Title II instead says they have to be neutral.

What rubbish. Please document even one example of a MVPD blocking a legal 
Internet service.

> Another utterly absurd comment. Should I also "provide evidence" that the 
> ISPs aren't intending to block Internet access to that new pizza joint on the 
> corner? They are blocking HBO Now, Craig, and that's all that matters.

You are the one who is being absurd. Please provide something to validate your 
contention that any MVPD a plans to block HBO Now.
> 
> Nonsense. HBO has said for a very long time that they want to go direct to 
> consumers, to compete against Netflix and others. So now, Craig finds it 
> acceptable to deny what HBO has claimed, and to deny that the ISPs are 
> blocking access, even after both have occurred.
> 
HBO will offer a direct to consumer service in a few weeks. The service will be 
sold by middlemen.

Regards
Craig 
 
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