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Does Time Warner Need CBS To Thwart A Fox Takeover?

Does Time Warner Need CBS To Thwart A Fox Takeover?Time Warner CEO Jeff Bewkes has a problem. Fox CEO Rupert Murdoch is preparing to sweeten his offer for the owner of Warner Bros, CNN, and HBO after it rejected an $80B cash-and-stock proposal last month. And Bewkes, who says he wants to keep Time Warner independent, has few takeover defenses. What can he do? Here are a few of the leading options that Time Warner execs and their advisors at Citigroup are weighing.

Corporate And Media Leaders Attend Allen & Company Media And Technology Conf.Combine with CBS: This would make Time Warner toxic for Fox: The FCC would not allow Murdoch to control two of the four biggest networks, and two of the largest TV station groups with overlaps in the nation’s largest markets.

And the business logic of a Time Warner-CBS combination is compelling. CBS chief Les Moonves would like to diversify his company to make it less dependent on domestic TV advertising. (He has already said that he’d like to buy CNN if Fox prevails with Time Warner and puts the news channel on the block.) Moonves also has made it clear that he’d like to play a bigger role in movies — his CBS Films appears to be struggling to figure out its identity. CBS could address these concerns by blending with Time Warner’s cable channels and movie studio.

The chief obstacle is that CBS is controlled by Sumner Redstone, who also owns Viacom. He hasn’t wanted to give up either property, and some bankers believe he’d prefer to … Read More »

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ESPYs, Baseball All-Stars Big Hitters In Week’s Twitter TV Ratings

By | Wednesday July 23, 2014 @ 7:52am PDT

ESPYs, Baseball All-Stars Big Hitters In Week’s Twitter TV RatingsThree baseball events and two sports awards shows filled the top 10 lists in an otherwise slow week for the Twitter TV ratings from Nielsen. The ESPY Awards - otherwise known as How ESPN Fills The Sports-Free Dead Air The Day After Baseball’s All-Star Game – grabbed the week’s biggest Twitter audience, barely beating out the Major League Baseball showcase of its talent in total audience reach.

The Twitter TV ratings are designed to track the number of unique Twitter users who saw a post about a given show during its initial broadcast or during the three hours before and after, an aid to advertisers trying to see which shows are social-media heavy hitters (and which have audiences least likely to be skipping through the ads). The ESPYs, on ESPN and its Spanish-language sibling, reached 8.3 million people through nearly 1.6 million tweets. Even the Kids Choice Sports awards, hardly a big name beyond home channel Nickelodeon, grabbed the eighth spot on Nielsen Social’s Series & Specials list. Plenty of regulars still studded this week’s list, including The Bachelorette, Teen Wolf and dethroned three-time No. 1, Pretty Little LiarsOnce again, the WWE put two in the top 10, including a pay-per-view event, while reality programs Love & Hip Hop: Atlanta and Keeping Up With the Kardashians kept up their regular spots. Also of note: Univision music awards show Premios Juventud 2014which featured plenty of Tweet-worthy fashion and performances by notables such as Enrique Iglesias and Pitbull, grabbed No. 6.

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RATINGS RAT RACE: Univision Wins Primetime Demo, ‘Hell’s Kitchen’ Rises, ‘Big Brother’ Even, ‘Black Box’ Down

By | Friday July 18, 2014 @ 9:17am PDT

RATINGS RAT RACE: Univision Wins Primetime Demo, ‘Hell’s Kitchen’ Rises, ‘Big Brother’ Even, ‘Black Box’ DownLet’s just call Thursday’s primetime by the moniker “Elimination Night,” why don’t we? Because with a thinning of the contestants on both Hell’s Kitchen (1.7.7) and Big Brother (2.1/8), that’s exactly what was going on for the two top-rated Big 4 shows of the night. While the vet CBS reality show was even with last week, the penultimate episode of Season 12 of Gordon Ramsay’s cooking competition show was up 13% from its July 10 airing. That’s another double-digit rise for the Fox series in as many weeks as HK head towards its July 24 finale. That traction on HK was a nice lead-in to 9 PM, Gang Related (0.9/3) that saw another rise itself. This week the freshman drama jumped 29% from last week’s show.

univison-logoAs impressive as that is, Fox did not find itself in the top spot ratingswise or in terms of viewership. In fact, none of the Big 4 was No. 1 among Adults 18-49. Airing the 11th annual Premios Juventud youth awards for all of primetime, Univision was first in the ratings with a 1.7/5. Tied with Fox with a 1.3/5 rating, CBS was No. 1 in viewership last night with 5.105 million viewers.
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RATINGS RAT RACE: ‘Extant’ Steady In Week 2, ‘SYTYCD’ & ‘ Motive’ Down, ‘Big Brother’ Tops Night In Demo

By | Thursday July 17, 2014 @ 9:01am PDT

RATINGS RAT RACE: ‘Extant’ Steady In Week 2, ‘SYTYCD’ & ‘ Motive’ Down, ‘Big Brother’ Tops Night In DemoCBS has made a bet that it can own Wednesdays this summer with its teaming of veteran reality show Big Brother (2.0/8) and freshman sci-fi thriller Extant (1.5/5). If last night was any gauge, the network might be holding a winning ticket. Now granted, with the exception of Fox’s So You Think You Can Dance (1.04) there wasn’t a lot of competition against CBS’ originals. Still, the network easily won primetime both among Adults 18-49 with a 1.5/5 rating and 6.54 million viewers. Univision was the second highest rated network with its 1.2/4 result while audiencewise NBC came in the No. # 2 spot with 5.55 million viewers. Individually, BB at 8 PM was up 5% from its July 9 show while the 9PM Halle Berry starrer series dipped a slight 6% from its heavily promoted debut last week. While down over 1.2 million viewers from those who watched its premiere, the audience of 7.87 million who tuned in for Extant last night made it primetime’s most watched show. Big Brother was the highest rated show of the night. CBS ended the night with a Criminal Minds (1.1/4) repeat.

CBS’ bet seems to also have a healthy dollop of digital afterlife. With Live+3 numbers, last week’s premiere of the Steven Spielberg executive produced CBS astronaut series saw a 37% jump among Adults 18-49 to 2.2 from its Live+SD 1.6 result. In terms of viewers, Extant’s launch rose 24% from 9.58 million to 11.88 million in its DVR life.

Elsewhere on TV last night, SYTYCD saw … Read More »

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One More World Cup Record: Final Seen Live By 40,000 In-Flight Passengers

By | Tuesday July 15, 2014 @ 4:37am PDT

One More World Cup Record: Final Seen Live By 40,000 In-Flight PassengersAll throughout the past month, we’ve covered the World Cup ratings bonanza for broadcasters from ABC, ESPN and Univision in the U.S., to BBC One, ARD, ZDF, and TF1 in Europe, among others. While we know a lot of those numbers don’t take into account folks watching in bars, cafés and town squares, what about fans who were in the air? The sky as a content destination is a fast-growing business with companies like Global Eagle, Gogo and Panasonic Avionics connecting entertainment and airline passengers in new ways. In a historic first, and courtesy of Panasonic’s in-flight Sport 24 channel, Sunday’s World Cup final was shown live by nine international carriers. According to the company, Germany’s defeat of Argentina was seen by 40,000 people, 35,000 feet above Earth. Bloomberg reports the figure is a record for a live in-flight TV broadcast. Throughout the World Cup and across such carriers as Lufthansa, Turkish Airlines and Emirates, Panasonic estimated that 1.5M passengers will have seen the tournament live on its systems. The matches were delivered over satellite WiFi and shown free of charge — in all classes. Carriers in the U.S. also allowed travelers to watch many of the matches via traditional satellite TV services from DirecTV and Dish Network, Forbes reported. ESPN is beamed directly to seat back televisions in many aircraft, but not ABC which showed many weekend games and the final.

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UPDATE: World Cup 2014 Delivers ESPN & Univision’s Best Soccer Ratings Ever

By and | Monday July 14, 2014 @ 1:40pm PDT

UPDATE: World Cup 2014 Delivers ESPN & Univision’s Best Soccer Ratings Ever2ND UPDATE, 1:40 PM: We know the winner of yesterday’s World Cup final was Germany, but it looks like ABC/ESPN and Univision scored too. Both broadcasters had their best World Cup ever this year, with ESPN/ABC up 39% in viewership over the 2010 World Cup and up 96% over the 2006 World Cup. Over the 64 games of this year’s tournament, Univision was up 34% from its total audience from 2010.

Broadcasting live on ABC on Sunday afternoon, the Germany’s 1-0 victory over Argentina in a game that went extra time was watched by 17.324 million viewers with an average rating of 9.1. That marks the most-watched men’s soccer final ever for the Disney-owned properties and the third-most-watched soccer game ever in the U.S., behind only the 18.22 million who watched USA-Portugal on ESPN on June 22 and the 17.95 million who saw Team USA win the Women’s World Cup final in 1999 over China. Sunday’s final was the most-watched World Cup championship game in U.S. Spanish-language TV history with an average total audience of 9.2 million (5.0 million adults 18-49), with the broadcaster out-delivering ABC in the big Miami and LA markets. Read More »

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World Cup: Germany Beats Argentina In Final

By | Sunday July 13, 2014 @ 2:36pm PDT

World Cup: Germany Beats Argentina In FinalWith a goal scored at nearly the end of extra time, Germany has won the 2014 World Cup over Argentina. After a 0–0 score after a regulation 90 minutes, the European side’s Mario Gotze took a pass off his chest, then kicked it past  the South Americans in the 112th minute to take the Beautiful Game’s greatest prize before a crowd of 74,738 in Rio de Janeiro, Brazil and a global audience of probably billions watching on TV (we’ll have ratings as soon as they become available). A last-minute direct kick by Argentina’s Lionel Messi sailed high over the German net that might have evened the score, and sent the game into a shoot out. This is only the sixth time a World Cup final has gone into extra time. The win is German’s fourth World Cup, after victories in 1954, 1974 and 1990 (well, it was West German then, and the win also came over Argentina).

Starting on June 13 with 32 teams competing, this year’s tournament has seen record-breaking ratings and viewership results for both of the tournament’s U.S. broadcasters, ESPN and Univision.Both have seen double-digit gains over the 2010 World Cup in South Africa. Check back Monday morning for TV ratings results from today’s final from both countries as well the stateside broadcasters. Today’s final was shown on ABC as well as the Spanish language broadcaster.

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RATINGS RAT RACE: ‘Big Brother’ Rises, ‘Welcome To Sweden’ & ‘Working The Engels’ Debut Soft, ‘Hell’s Kitchen’ & ‘NY Med’ Up

RATINGS RAT RACE: ‘Big Brother’ Rises, ‘Welcome To Sweden’ & ‘Working The Engels’ Debut Soft, ‘Hell’s Kitchen’ & ‘NY Med’ UpThe television world was very busy yesterday with the announcement of the 66th annual Primetime Emmy Awards nominations, but it also was pretty packed in primetime last night as well. After a quiet Thursday last week because of the July 4th holiday, all of the Big 4 were playing originals last night. With just Big Brother (2.0/7) on, CBS was the lightest of all the networks originals-wise. Having said that, the second elimination of the voyeuristic reality show’s 16th season proved the heavyweight of the night. The 1-hour BB was the top show of the night among Adults 18-49 and the second-most-watched show of Thursday’s primetime with 6.15 million viewers after the 7.86 million who tuned in for a Big Bang Theory (1.7/9) encore. However, the real news is the demo leap that Big Brother made out of last week’s holiday airing – the show was up 25% over its slumped July 3 broadcast, which was a series low. It was also up 11% from its June 26 show among the 18-49s. All of which meant, with the BBT and The Millers (1.3/5) encores and a repeat of the debut of the new Halle Berry sci-fi thriller series Extant (0.7/2), that CBS took the night both in the 18-49 demo with a 1.4 rating and in total viewers with 5.61 million watching.
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World Cup: Argentina-Netherlands Semi Nets Record Overnight Rating For ESPN

By | Thursday July 10, 2014 @ 2:45pm PDT

World Cup: Argentina-Netherlands Semi Nets Record Overnight Rating For ESPN2ND UPDATE, 2:45 PM PT: Univision drew 5.2 million viewers for Wednesday’s Argentina-Netherlands match, which makes it the most-watched World Cup semifinal ever on the Spanish-language network.

UPDATE, 8:21 AM PT: ESPN’s telecast of Wednesday’s Argentina-Netherlands match in Sao Paulo averaged a 4.3 overnight rating and 6.82 million viewers. As with so many games in this tournament, that was a record for the network. It’s the highest overnight rating for a World Cup semifinal match on ESPN or ESPN2. The previous record was Tuesday’s thrashing of Brazil by Germany, which had a 4.1 in the overnights. Overall through 62 matches, the ESPN, ESPN2 and ABC networks are averaging a 3.0 metered market rating, a 30% jump on the first 62 matches in 2010. We’ll weigh in with numbers from Univision when they are made available. Otherwise, the next matches are Saturday’s 3rd place face-off between Brazil and the Netherlands, and the final on Sunday between Argentina and Germany.

PREVIOUS, 2:16 AM PT: And then there were two. After Germany’s crushing defeat of Brazil set it up for the World Cup final on Sunday, a loss on penalties by the Netherlands means that Argentina will also advance to the last match. Germany and Argentina previously faced off in the 1986 and 1990 finals. Argentina won the first one, Germany the second. We don’t have viewing numbers yet from Argentina, but Orange fans at home in Holland were out in droves to see their … Read More »

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UPDATE: Germany’s Victory Over Brazil Top Rated Non-U.S. Team World Cup Game Ever

UPDATE: Germany’s Victory Over Brazil Top Rated Non-U.S. Team World Cup Game EverUPDATE, 1:31 PM: When you win 7-1, you win big. Like Germany’s big semifinal win over Brazil yesterday at the World Cup, ESPN had a very good game. With a 4.2 rating and 6.643 million viewers watching the afternoon game on the sports network, the match was both the highest-rated and most viewed World Cup semifinal in American TV history. In fact with the exception of games where the now departed TeamUSA played, yesterday’s match is the highest- rated World Cup ever on ESPN/ESPN2. It beat the 4.0 that Mexico’s loss to the Netherlands on June 20 pulled in, which was the previous non-USA participating record. Over on Univision, the stunning blow-out game drew 5.8 million viewers to be the top World Cup semifinal ever on the Spanish language network. Germany will face the winner of today’s semifinal between the Netherlands and Argentina on July 13.

PREVIOUS, 2:34 AM: Is a spoiler alert really necessary on what’s already such a historic game?…

In the highest-scoring semi-final match in the 84-year history of the World Cup, Germany crushed Brazil 7-1 on Tuesday. We do not yet have viewing figures from Brazil, but in Germany, the historic triumph drew an all-time record audience. An average of 32.57M viewers watched from 10 PM local time on ZDF. The previous record was set by the 2010 World Cup semi-finals in South Africa which drew 31.1M. A staggering 87.8% of the country was tuned in last night — and that of course … Read More »

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UPDATE: ESPN Wins With Brazil Vs. Colombia Game Ratings

UPDATE: ESPN Wins With Brazil Vs. Colombia Game RatingsSpoiler Alert if you haven’t seen matches…

UPDATE, 2:12 PM: The USA are out of the World Cup but the ratings goals keep going in the net for ESPN. The Independence Day match between host Brazil and Colombia drew 6.349 million viewers to become the most watched World Cup quarterfinal ever in ESPN and ABC history. The Brazil winning game, which got a 3.6 rating, beat the previous record holder of the 5.71 million who watched the 2010 World Cup quarterfinal between Germany and Argentina on ABC on July 3rd that year. The earlier match on Friday (France vs. Germany on ESPN2) delivered an average audience of 4.89 million and a 2.9 rating.  Over on Univision, the Brazil vs. Colombia game averaged 5.5 million viewers with 3.0 million among Adults 18-49.  Brazil beat Colombia 2-1. Read More »

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UPDATE: USA Vs. Belgium Delivers ESPN’s 2nd Most Watched Men’s Soccer Game Ever, Univision Gets Over 5M Viewers

By and | Wednesday July 2, 2014 @ 12:48pm PDT

UPDATE: USA Vs. Belgium Delivers ESPN’s 2nd Most Watched Men’s Soccer Game Ever, Univision Gets Over 5M ViewersSpoiler Alert if you haven’t seen matches…

UPDATE, 12:48 PM: Yesterday’s defeat for Team USA was a real letdown for all those across the country who took part of their afternoon to watch the World Cup knockout game against Belgium. However, for ESPN and Univision that dedicated audience was a real score, to use the already overused term. ESPN had 16.49 million viewers watching the game and a 9.8 rating. That is not a record for ESPN, but it is the second-most watched men’s soccer game in U.S. TV history. Yesterday’s game falls behind the 18.22 million who watched the American team’s heartbreaking last-minute tie with Portugal on June 22, which got a 9.6 rating. However, the latter game was on a Sunday unlike yesterday’s weekday match. In that context and the fact that the ratings for Tuesday’s dramatic game doesn’t count all the massive crowds across the nation who watched on jumbo screens means that the U.S. vs. Belgium match probably actually was  much closer to the June 22 game in relative terms

Over on Univision, 5.1 million viewers watched the game, which went into extra time. While not the record-breaking 10.4 million who tuned in for Mexico’s loss on June 29 to the Netherlands nor the 6.5 million who saw Portugal tie Team USA, yesterday’s Univision viewership is better than the 3.4 million who watched America’s 1-0 loss to Germany on June 26. Online, Univision Digital saw a record-breaking 1.8 million unique viewers watch yesterday’s game. Maybe they were there because they were worried that ESPN’s WatchESPN app would crash again as it did during the USA-Germany game. Actually the ESPN app performed rather well and averaged 3.5 million unique viewers during the match. Read More »

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DeadlineNow Morning Report: ‘Transformers 4′ Box Office Dispute, France Advances In World Cup, SAG-AFTRA Talks Go Down To The Wire (Video)

By | Monday June 30, 2014 @ 11:45am PDT
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Morning Report, Monday June 30

Paramount says 'Transformers 4' pulled in a three-day gross of $100M, but others disagree, World Cup continues to bring in record ratings for ESPN and Univision, SAG-AFTRA and producers are still talking ahead of tonight's midnight contract deadline. Deadline's Dominic Patten reports.

Related:
Insiders Dispute Paramount’s $100M Claim For Weekend
World Cup Ratings: Univision Hits Highest Viewership Ever
SAG-AFTRA Film and TV Contract Expires at Midnight Monday

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World Cup Ratings Update: Univision Hits Highest Viewership Ever With Mexico Vs. Netherlands Game

By and | Monday June 30, 2014 @ 11:45am PDT

World Cup Ratings Update: Univision Hits Highest Viewership Ever With Mexico Vs. Netherlands GameSpoiler Alert if you haven’t seen matches…

UPDATE, 11:45 AM: It was a loss for Mexico to the Netherlands that saw the North American country’s World Cup 2014 dreams end. However, for Univision, the Sunday game was nothing but a win. 10.4 million viewers watched the Spanish language network’s broadcast of the match. That makes Sunday’s game not only the most watched soccer game ever on Univision or any other US-based Spanish language broadcaster but also the most univison logowatched telecast ever on the broadcaster or any other  any other US-based Spanish language broadcaster. The previous record holder was the 9.0 million who watched the December 3, 2007 broadcast of  the telenova Destilando Amor on Univision. Sunday game on Univision also bested ESPN’s broadcast of the Mexico vs. Netherlands match by 57% more in terms of viewers and 68% among Adults 18-49. But that’s also a record in terms of soccer viewership for Univision and any U.S.-based Spanish-language broadcaster.

PREVIOUS, 7:55 AM: Sunday’s World Cup match-ups saw the Netherlands make a late comeback to dash Mexico’s hopes of advancing to the quarter finals, and Costa Rica overtake Greece in a 5-3 penalty shoot out. The matches continued to set new records for ESPN, with both drawing a 4.5 in the overnight ratings. The two Round of 16 matches now rank as the network’s 4th and 5th largest overnight rating for a World Cup match in any round. The … Read More »

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UPDATE: USA Vs. Germany Hits ESPN’s Second-Best World Cup Ratings Ever

By | Friday June 27, 2014 @ 12:19pm PDT

UPDATE: USA Vs. Germany Hits ESPN’s Second-Best World Cup Ratings EverUPDATE, 12:19PM: The USA’s 1-0 loss to Germany yesterday at the World Cup stayed in a solid second and third place. Not that America won’t advance in the tournament but in terms of ratings and viewership the game was the second-highest-rated and the third-most-watched men’s World Cup match ever on ESPN or ESPN2, says the sports channel. The broadcast averaged a 6.7 rating, beating the 6.3 rating that the USA vs. Ghana game got on June 16 but behind 9.6 rating that the USA vs. Portugal match of June 22. Viewer-wise, the Germany game was watched by 10.77 million yesterday. That’s ESPN’s biggest non-holiday weekday broadcast ever. Over on Univision, 3.4 million viewers watched the game. That was the most viewed match of the day on a day that saw Portugal vs. Ghana among other games.

Overall, ESPN has seen its largest World Cup viewership ever over the first 48 matches. In a 46% rise from the 2010 World Cup, the games in Brazil are 3.54 million viewers and a 2.2 rating.

PREVIOUS, 7:25AM: Thursday’s USA vs. Germany World Cup match may have ended with the European side winning 1-0, but America did enough to advance to the knockout round. On the TV side, however, yesterday’s game was a solid win for ESPN. With people all across the country ducking out of work to watch, the early weekday game got a 6.3 overnight rating, the network’s third-highest-rated World Cup men’s game ever. Nielsen said coverage peaked from 1:45-2 PM ET with a 9.5 rating.

Demand for the USA-Germany game was intense enough that the live stream on ESPN’s WatchESPN app crashed soon after the game started. About 1.4 million watched WatchESPN for the first half. Overall, WatchESPN attracted a record 1.7 million viewers during the game Thursday, though the offerings included the concurrent Portugal-Ghana game and Wimbledon. Read More »

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DeadlineNow Morning Report: Oldman Apologizes On ‘Kimmel’, Online Vs TV Ads, USA Advances In World Cup (Video)

By | Thursday June 26, 2014 @ 11:08am PDT
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Morning Report, Thursday June 26

Gary Oldman apologizes on <em>Jimmy Kimmel Live</em> for controversial remarks he made in a recent Playboy interview, online video advertising is no match for the take on broadcast and pay TV, ESPN and Univision are likely headed for record ratings as Team USA advances in the World Cup. Deadline's Dominic Patten reports.

Related:
Gary Oldman Says He’s Sorry On ‘Jimmy Kimmel Live’
Online Video Ads Don’t Threaten Traditional TV: Study

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Reactions: Aereo’s Chet Kanojia Says “We Will Continue To Fight”; More

By and | Wednesday June 25, 2014 @ 9:09am PDT

Reactions: Aereo’s Chet Kanojia Says “We Will Continue To Fight”; MoreThe industry is weighing in on the Supreme Court’s ruling this morning that the Aereo streaming service violates broadcast companies’ copyrights. Refresh for latest…

Chet Kanojia, Aereo CEO and founder
“Today’s decision by the United States Supreme Court is a massive setback for the American consumer. We’ve said all along that we worked diligently to create a technology that complies with the law, but today’s decision clearly states that how the technology works does not matter. This sends a chilling message to the technology industry.  It is troubling that the Court states in its decision that, ‘to the extent commercial actors or other interested entities may be concerned with the relationship between the development and use of such technologies and the Copyright Act, they are of course free to seek action from Congress.’ (Majority, page 17) That begs the question: Are we moving towards a permission-based system for technology innovation?

Image (2) ChetKanojia__140418153701.jpg for post 716320“Consumer access to free-to-air broadcast television is an essential part of our country’s fabric. Using an antenna to access free-to-air broadcast television is still meaningful for more than 60 million Americans across the United States.  And when new technology enables consumers to use a smarter, easier to use antenna, consumers and the marketplace win. Free-to-air broadcast television should not be available only to those who can afford to pay for the cable or satellite bundle.”

“Justice Scalia’s dissent gets its right. He calls out the majority’s opinion as ‘built on the shakiest of foundations.’ (Dissent, page 7)  Justice Scalia goes on to say that ‘The Court vows that its ruling will not affect cloud-storage providers and cable television systems, see ante, at 16-17, but it cannot deliver on that promise given the imprecision of its results-driven rule.’ (Dissent, page 11)

“We are disappointed in the outcome, but our work is not done.  We will continue to fight for our consumers and fight to create innovative technologies that have a meaningful and positive impact on our world.”

Gordon Smith, National Association of Broadcasters president and CEO
“NAB is pleased the Supreme Court has upheld the concept of copyright protection that is enshrined in the Constitution by standing with free and local television. Aereo characterized our lawsuit as an attack on innovation; that claim is demonstrably false. Broadcasters embrace innovation every day, as evidenced by our leadership in HDTV, social media, mobile apps, user-generated content, along with network TV backed ventures like Hulu.

“Television broadcasters will always welcome partnerships with companies who respect copyright law. Today’s decision sends an unmistakable message that businesses built on the theft of copyrighted material will not be tolerated.”

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SCOTUS Scuttles Aereo; “It’s Over”, Says Diller In Big Win For Big Broadcasters

By | Wednesday June 25, 2014 @ 8:19am PDT

SCOTUS Scuttles Aereo; “It’s Over”, Says Diller In Big Win For Big BroadcastersUPDATED WITH REACTIONS: Television broadcasters can breathe a sigh of relief after the Supreme Court ruled this morning that the Barry Diller-backed service violates their copyrights when it streams their transmissions without their permission. In a 6-3 opinion, the court reversed and remanded the decision of the 2nd Circuit in the broadcasters favor. The opinion equated Aereo to a cable company, thereby equaling its transmissions of the broadcasters’ material to a public performance under the Copyright Act. That remand means the broadcasters could get the injunction against Aereo they have long been seeking. As was expected, Associate Justice Stephen Breyer wrote the decision (read it here) released this morning; he asked the most questions by far of the lawyers during oral arguments in April. Saying Aereo does not constitute a public performance, Associate Justice Antonin Scalia dissented today’s opinion. He was joined by associate justices Clarence Thomas and Samuel Ailto.

Aereo-badge__140414141457The Court today also addressed concerns raised by Aereo and others that a loss for the streaming service could have grave implications for cloud technology, among others.“Given the limited nature of this holding, the Court does not believe its decision will discourage the emergence or use of different kinds of technologies,” said the 18-page opinion.

“Today’s decision is a victory for consumers,” the broadcasters’ lawyer Paul Clement said today. “The Court has sent a clear message that it will uphold the letter and spirit of the law just as Congress intended.” Clement, a former Solicitor General, represented broadcasters during oral arguments.

This is a big loss for Aereo, which until now has prevailed in the majority of its legal battles with broadcasters including CBS, Disney, Fox, and Comcast’s NBCUniversal. On April 2, Diller sent shivers through Aereo CEO and founder Chet Kanojia and other execs when he said that the company “probably would not be able to continue in business” if it lost at SCOTUS. If Aereo had won, many industry watchers said broadcasters could lose their clout to force cable and satellite companies to pay billions for the right to retransmit their programming.

“It’s over,” Diller told CNBC this morning after the ruling was handed down. Kanojia had a different take: “We are disappointed in the outcome, but our work is not done.  We will continue to fight for our consumers and fight to create innovative technologies that have a meaningful and positive impact on our world.”
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World Cup Ratings: Univision & ESPN Share Spoils With Mexico-Croatia Game

By | Tuesday June 24, 2014 @ 1:35pm PDT

World Cup Ratings: Univision & ESPN Share Spoils With Mexico-Croatia GameSpoiler Alert if you haven’t seen matches…

Mexico’s impressive victory over Croatia yesterday that vaulted it into the World Cup second round sent Univision‘s ratings into orbit. The Spanish-language network’s coverage averaged 7.1 million total viewers and 3.9 million adults 18-49. That topped ESPN‘s coverage, which drew 2.5 million viewers, and not surprisingly topped the 6.5 million total viewers it had for Sunday’s USA-Portugal thriller, which marked Univision’s best viewership number ever for a Team USA game. (Expect all those U.S. records to be smashed for Thursday’s USA-Germany game that will decide the Americans’ fate.) Overall, both networks are seeing big spikes to date in ratings, with ESPN up 48% in total viewers and Univision up 46% through yesterday’s games.

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