BlackBerry shutdown nearer after ruling

If you are an addicted Blackberry user, constantly checking your email, today’s news will worry you.

BlackBerry maker Research In Motion Ltd. today was pushed closer to a possible shutdown of its U.S. mobile e-mail service after a judge refused to delay a patent infringement case and rejected a disputed settlement with patent holder NTP Inc.

U.S. District Judge James Spencer said he would request briefs and set a hearing date to deal with the remaining issues of injunctive relief and appropriate damages against RIM.

“Valid patents would be rendered meaningless if an infringing party were allowed to circumvent the patents’ enforcement by incessantly delaying and prolonging court proceedings, which have already resulted in a finding of infringement,” Spencer said in his ruling.

Still pending before Spencer is a request by NTP to move forward with an injunction that would halt U.S. sales of the BlackBerry and shut its service.

Can you imagine your world without a Blackberry…you may need to start taking steps backward…

full news release

– All posts written by Chris Kennedy

Study: Teen girls more likely to multi-task media

And you thought you were an excellent multi-tasker? Just look at today’s teenagers.

Jim Geoghegan, president of the media-planning agency Media Head, says a study of how young boys and girls use media reveals that girls are notably more skillful at multitasking — that is, surfing the Net, text messaging, watching TV, and so forth, all at the same time.

Advertisers and marketers who want to reach this 12- to 17-year-old demo should strive to take advantage of this tendency among girls. Says Geoghegan: “You need to think beyond targeted print or TV, and think about how these mediums influence each other. For creatives, particularly, there are opportunities to create advertising where these mediums intersect and overlap, and girls are engaged.” While girls are especially adept at interacting with multiple media simultaneously, the report from New York-based Media Head also indicates that youngsters in general are more multimedia-oriented than those who are older than 17.

full AdAge story (free log-on required)

– All posts written by Chris Kennedy

The Issue of Indecency: "A Very Dangerous Idea" on Capital Hill

Hearings continue on the subject of indecency in the media…and “very dangerous” ideas are being considered. Ideas that could dramatically impact advertisers, cable channel operators and consumers.

The issue: Media content allegedly has pushed so far past social standards that regulations (restrictions) are required since broadcasters and consumers alike can’t be trusted to keep within the “standard” of acceptible content. So the government needs to police the content (free speech) and penalize when abuses are found (as determined by the government, not the public or the marketplace).

Recently-appointed Federal Communications Commission Chairman Kevin Martin told a congressionally sponsored forum Tuesday, “The industry needs to do more to address parents’ legitimate concerns. Something has to be done.”

Is it the “parents’ concern” or the government’s concern? Complaints to the FCC do not represent even a small percentage of majority for mainstream Americans. Complaints sent into the FCC are computerized, mass-produced letters created from well-funded, well-organized, highly-conservative content factions (like Morality In Media and Common Cause) who understand how to manipulate the system through bulk emails to the government.

The logical adage “That’s why there’s an off button” and the democratic principal of letting the marketplace decide don’t seem to have access into the congressional anterooms.

The dangerous idea: The FCC’s Martin said Tuesday during the hearings that cable operators could sell family-friendly program tiers, or offer channel-by-channel choice so families can keep objectionable programming out of homes.

Without specifically endorsing any proposal, Martin also suggested basic cable packages could be regulated for indecent content. Currently only broadcast TV and radio is regulated, under an exception to the First Amendment. Including cable would require congressional action, and for the change to survive challenge before the Supreme Court would be likely.

Kyle McSlarrow, president and CEO of the National Cable and Telecommunications Association, called a la carte programming “a very dangerous idea” that would decrease consumer choice because it would make it harder for new channels to attract viewers.

In essence, it would probably kill many channels (which, depending on your point of view, may or may not be a good idea in this 500+ channel digital cable universe of overwhelming choice). Would you buy channels that are nice to have but you never watch? No. Geraldine Laybourne, CEO of Oxygen Media Inc., which owns the Oxygen channel, said an a la carte pricing structure, if it were imposed on the industry, would put her company “out of business. Unless we had the total possibility of widespread distribution, we could never have raised the money we raised,” said Laybourne, a widely admired industry leader.(Oxygen is currently in about 75 million homes.)

McSlarrow, whose group represents large cable operators, said any government intervention in cable programming would violate the First Amendment.

Don’t forget. You buy cable channels (you’ve seen your monthly bill) in order to view the content. You have made the approved decision to allow the content in your home. You have accepted the responsibility to decide what content is acceptable for yourself and for your family and friends. And you can always change the channel or turn it off if you don’t approve of some of the content…or even block the channel completely with your remote programming.

The same is true of radio programming. With satellite radio, you buy the receivers and subscribe to hear the content. With traditional broadcast radio (as well as traditional non-cable TV), you buy the receivers in order to accept the content. If something does not meet your own personal standards, the choice (your choice, not a government-required choice) remains the same: turn if off or change the channel…and block the channel if the content remains beyond your standard (V-chip, etc.)

Back on Capital Hill yesterday, the daylong forum was convened in Washington by Sen. Ted Stevens (R-Alaska), chair of the Commerce Committee, which is working toward passing anti-indecency legislation. A House-passed bill to sharply increase fines for broadcast indecency is languishing as the Senate makes up its mind. In all, there are 6 variations of anti-indecency bills being considered in the 2 houses of Congress…President Bush is just waiting for one to make it to his desk for him to approve.

“We want to let Congress have a better chance to understand all of the points of view,” Stevens said. He did not say what form legislation might take but said, “Parents have a right to try to protect their children from some of the things they can run into in the media.”

Of course, Senator. I believe parents have that right already…and active parenting respects that family responsibility. That responsibility should remain in the hands of parents and not the FCC or Congress.

–Chris Kennedy

– All posts written by Chris Kennedy

Web Video Ad Spending to Double in 2 Years

According to Adweek.com, Internet video spot buying is set to more than double by 2007, spurred by increasing numbers of homes with broadband Internet connections and an improved selection of programming from big-name media companies, according to a report.

New York research firm eMarketer pegs the online video ad market in 2005 will generate $225 million. It expects spending will rise to $640 million in 2007 and $1.5 billion in 2009.

Broadband penetration is driving the market, the report said, with 42.3 million U.S. homes going online via high-speed connections, a 23 percent increase from last year. In 2007, eMarketer forecasts 60.4 million households will have broadband. While half of Web-connected U.S. homes now have broadband connections, eMarketer expects half of all households will have it by 2008.

AOL, Yahoo, Viacom and other media companies have increased the amount of video content available online this year. This expanded choice in programming, combined with high-speed connections that make viewing it possible, has resulted in increased viewership, according to ComScore Networks. It tracked streaming video penetration rising from 55 percent of Internet users in March to 61 percent in August.

– All posts written by Chris Kennedy

Study Examines Media Habits Of Children 6-11

More Than Half of Respondents Have a TV in Their Room; Most are Happy Being Their Age

A new study from Mediamark examines the habits and media usage of American children ages 6-11. Among other things, children were asked about the way they consume music and what items they use to listen.

Among the findings:

* Gaming is the top online activity.
* CD players outnumber MP3 players for music listening
* 70% want to make a lot of money when they are older.
* When asked what they do when TV commercials come on, nearly 60% of respondents say they watch them.

The children ranked a car radio (as in their parents’ car) far and away as the most common source of music in their lives, with 74 percent saying they listen through one. A CD player came in second, with 62.8 percent of respondents, followed by a portable CD player (48.4 percent), stereo (39.5 percent) and the computer with 25.5. percent. Portable MP3 players only received 4.2 percent of the vote, followed by 4.1 percent for simply “MP3 player.”

When asked what items they own in their room, 59.8 percent of children surveyed said they have a CD player, with 28.6 percent saying they have a stereo. The complete study can be found here.

– All posts written by Chris Kennedy

Big Google Becomes Big Target

(from New York Times)

In 2001, about a dozen of Google’s founding employees sat in a conference room trying to come up with a set of corporate values. After a while, one of them, an engineer, Paul Buchheit, said everything they were saying could be summed up by a simple phrase: “Don’t Be Evil.”

Today, while Google is adored on Wall Street, you can see all over the Web anti-Google sentiment is on the rise.

In a column on The Register, a London-based technology news site (www.theregister.co.uk), Otto Z. Stern says that “Big Google Is Much Worse Than Big Oil.” Asserting that Google’s success is based more on its ability to bamboozle Internet users and investors than on its ability to provide value, Mr. Stern taunts his readers: “Go ahead and celebrate everything Google. When it has a total monopoly on online advertising, content, goods and services, religion, morality and porn, you can really rejoice.”

Some Google-watchers say new products like Google Base are meant to put a stranglehold on the Internet, and drive smaller operations like Craigslist.org (a mostly free classified-ads service) out of business. But product shortcomings could inhibit that game plan.

As Cnet’s News.com reported, Webmasters have complained that Google Analytics, a new service that measures and analyzes Web traffic, takes up to two days to return statistics. Google says the bugs are being worked out.

A few years ago, when Google introduced Gmail, a Web-based e-mail program that serves up ads based on keywords found in messages, privacy advocates bristled. This despite assurances from Google that it would never reveal private information to outsiders, and would not tie the keywords to individual users.

To be sure, Google has plenty of fans…but Google’s growth has only heightened the concerns of some trend watchers.

full New York Times article (log on required)

– All posts written by Chris Kennedy

MediaWeek: Radio Sees Podcasts as New Source of Ad Revenue

Podcasting, which began as a reaction to corporate radio, is fast being embraced by the industry often cited as having the most to lose from the nascent medium in ad dollars and listeners. At first, radio business models for podcasting focused on providing convenience to listeners. But if radio’s latest forays into podcasting are any indication, the medium could provide a new incremental revenue stream.

full story

– All posts written by Chris Kennedy

Sony’s Escalating "Spyware" Fiasco

The consumer-electronics giant has unleashed a firestorm by including a covert program on music CDs that leaves PC users prey to viruses. Along with lawyers, prosecutors, and furious fans, artists are joining the backlash against the label for slipping a hidden, anti-theft program into users’ computers

Call it the revenge of the nerds — digital style. For years, computer geeks and cyberlibertarians have howled about aggressive user restrictions programmed into music CDs, movie DVDs, and all kinds of software. They’ve issued dire warnings about the media industry’s zeal to protect content in the Digital Age. At risk, they cautioned, was the consumer’s right to enjoy legally purchased content how and where they saw fit.

To prevent audiophiles from making multiple copies of the CDs, Sony had programmed dozens of CDs with a hidden code called a “rootkit” that secretly installs itself on hard drives when the CDs are loaded onto listeners’ PCs. Soon enough, hackers began designing viruses to take malicious advantage of the hidden program, and a Sony boycott had begun.

Singers and songwriters are increasingly expressing frustration at devices used by record companies to protect digital content from widespread theft that results when CDs are copied repeatedly or popular tracks are given away on peer-to-peer (P2P) networks, such as LimeWire and BitTorrent. Sony’s misstep has been bad for the company — and its effects could spread much further, should the consumer outcry gain traction with the recording artists who need to keep their fans happy if they want to sell records.

The wrath of fans killed Sony’s CD copy controls, with the company pulling 52 titles off retail shelves, beginning the week of Nov. 14. But the wrath of bands could be far worse for the company — and for efforts to protect content in general.

full BusinessWeek.com article

– All posts written by Chris Kennedy

Words For Marketers: Opposites Attract

What do you do when consumers want something you don’t have? Give it to them.

(from CMO.com)

The “anti-brand” — a brand that lies at the opposite end of its parent brand in terms of audience, price, style or other criteria.

Done right, the anti-brand can give a company entry into an arena it never could have imagined filling without diluting the legacy brand. By maximizing the power of the anti-brand, the brand is “taking the road less traveled.” Just take a look at BMW and their Mini Cooper campaigns.

If there’s one thing an anti-brand can’t abide, it’s being the same. If the anti-brand starts feeling the same as the parent brand then it has no reason to exist.

full article

– All posts written by Chris Kennedy

To Mark The Start of the Christmas Season: Another Example of Computer Geeks Ruling The Neighborhood

From the suburbia of Sherman, Illinois, here is an example of what a computer geek can do to the Trans-Siberia Orchestra’s “Wizard’s of Winter”…a modern version of those psychedelic laser light shows set to Pink Floyd. How’d you like to have this family for your neighbor?

It’s among the Top 10 most-viewed viral videos on the web.

Happy holidays!

click here for streaming MWV link

Here’s the link of the viral video at iFilm

– All posts written by Chris Kennedy