[opendtv] Re: Is 'Fair Use' in Peril?
- From: Tom Barry <trbarry@xxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Sun, 05 Dec 2004 20:51:08 -0500
Manfredi, Albert E wrote:
> If Congress allowed CE manufacturers to completely
> hide ads, then Congress would be unfairly doing the
> bidding of the umbillical services companies. Because,
> of course, advertizers would put less and less money
> into TV shows as recording devices become more common.
> Which, for FTA TV especially, would be the kiss of
> death.
Sorry, but that does not compute. Most anything is allowed just by the
default action of Congress not having done anything about it yet. And
rightly so.
Now obviously, if Congress were to allow the manufacture of automobiles
the buggy whip manufacturers might suffer a bit. And they would
probably complain about how it was unfair, since the public had an
implied contract to ride in buggies and purchase buggy whips.
And TV could have been seen as an unfair new competitor to radio, the
theater, or movie theater.
But technology marches on and business models change. It is usually
best when Congress stays out of it.
- Tom
> Craig Birkmaier wrote:
>
>
>>Your premise in this discussion was in essence:
>>"if paying for programming by inserting commercials
>>becomes ineffective due to commercial zapping, how
>>will the content be paid for?"
>
>
> Maybe that's the problem. My point was not that. My
> point was that today, two viable business models,
> i.e. FTA radio and TV as well as subscription TV,
> depend on ads to remain solvent. Certainly FTA radio
> and TV do, even if the subscription services could
> do without ads by just increasing their fees.
>
> If Congress allowed CE manufacturers to completely
> hide ads, then Congress would be unfairly doing the
> bidding of the umbillical services companies. Because,
> of course, advertizers would put less and less money
> into TV shows as recording devices become more common.
> Which, for FTA TV especially, would be the kiss of
> death.
>
> Congress is not out there to promote certain
> businesses by eliminating the competion's chances
> of success. Not if the competing companies are
> perfectly legal businesses.
>
>
>>consumers have demonstrated their disdain for
>>commercials by paying directly for content.
>
>
> First of all, this is simply not true. FTA radio
> does quite well, and FTA TV does well enough to
> hold a constant 15 percent, even with broadcasters
> not being very imaginative with this segment. And
> no telliong what consumers would do if ads were
> eliminated entirely from cable programs, forcing
> up the monthly fees.
>
> More importantly, it's still *not* the job of
> Congress to make these market decisions. Unless, of
> course, Congress decide that the spectrum is indeed
> too valuable to let mere businesses use it. They
> could make that sort of policy decision, and let
> people decide whether to reelect their Congress
> poeople.
>
>
>>Here is a source for the revenues I am using to
>>come up with this statistic.
>
>
> http://www.plunkettresearch.com/entertainment/entertainment_statistics_1.=
> htm
>
>>Broadcast radio - $14.87B
>>Broadcast TV - $37B
>>Cable subscriptions including PPV and Premium - $43.5B
>>Theatrical Box office - $9.3B
>>Sales and rentals of packaged TV/Film programming - $23.8B
>>Sales of packaged audio - $9.1B
>>Concert revenues - $2.5B
>>
>>Total revenues ~$140B
>>
>>As this relates to potential Congressional action
>>regarding commercial zapping, it is clear that this
>>would not have a huge impact on the market;
>
>
> I beg to differ. Seems to me clear that FTA radio and
> broadcast TV networks account for a lot more than movie
> theater presentations, for instance, and I don't see
> anyone in Congress deliberately allowing movie theaters
> to go under.
>
> I don't see Congress trying to make Blockbuster rentals
> insolvent either.
>
> Of all the categories you listed, *only* cable exceeds
> the revenues of braodcast TV (even without adding radio).
>
> I don't know how you can claim that the impact on the
> market would be small.
>
> Bert
>
>
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