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May 30, 2006

Packer whale attacks TV minnow

We've been expecting this for a while now. The Packer empire has always been able to command Australian Governments to give it pretty much whatever it wants, at the expense of competitors and the community. (Even for God's sake, a State funeral for the late Kerry.) But it looks increasingly like its free-to-air television bonanza - for which we all sacrificed cable TV for years - is under threat from digital technologies like time-shifting and BitTorrent downloads. It doesn't look like even our weak-kneed government will dare to ban those technologies, perhaps because, even if they did, the public would simply break their laws.

We can't remember the last time we watched anything on the Nine Network. We've got such a huge choice of alternatives, what with downloading British TV through UKNova, to say nothing of the Topfield Personal Video Recorder, which, when you couple it with the IceTV electronic program guide, makes it absurdly easy to program what you want, then run your selections whenever you please. More to the point - and this is what the Packer write is all about - we can't remember when we had to sit through one of those boring bloody commercials.

Now Nine is trying to hold back the tide by suing IceTV for what it alleges are "copyright breaches". The guide looks too like its own, says Nine. Essentially, what Packer wants the courts to do is sentence the Australian community to a life sentence watching ads.

Three legal firms consulted by IceTV say its product doesn't breach Nine's copyright. (And then there's the fact that Nine's advertised programs so often fail to observe the advertised schedule.)

In our view, Nine's got far bigger problems to tackle than IceTV.

Their audience resents commercials, largely because the networks - driven by greed and contempt for viewers - have made them more and more intrusive and crammed too many of them into the available time. Inevitably, the advertising dollar will move to the online world.

Technologies like BitTorrent will increasingly make them irrelevant, while they have so little to offer in the way of good, locally-produced entertainment. Perhaps they should try to create content, rather than trying to bully the small-fry. We suspect they're going to lose this one, but the legal expenses are going to be a burden for a tiny company like IceTV. If you've got a PVR, or Windows Media Edition, we highly recommend IceTV.

Posted by cw at May 30, 2006 02:33 PM

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Comments

The day the Packer empire bothers to spend real money creating content, let alone develops an actual export strategy, will be the day ice melts at -1. It's built on government protection not entrepreneurial skill, whether it be protected network or casino monopoly.

For too long the govt has supplied guaranteed profits to TV at the expense of the taxpayer, and demanded almost nothing in return. Instead of Kerry pissing away millions in casinos and at horse races the profits from years of monopoly and oligopoly could have established a much more robust English speaking entertainment industry in this country that earned large export dollars. At the very least more of the profits could have been siphoned off in fees to let the ABC utilise even more of the talent it attracts and fosters.

But then gutless politicians and greedy media magnates go hand in hand in this country.

Incidentally my favoured policy position would not be more channels, this just dilutes the capital available into small doses of lowest common denominator crap. Rather keep three channels but go back to regulating them properly, in terms of content and content and ad mix, plus make them really bid, thus justify themselves, every ten years for a continuation of their licence. And let others bid against them. This would sort out a lot of the problems. Of course creating a transparent process that isolated political interference in the decisions would be hard and require vision. Oh well, not in Australia then.

Posted by: tflip at May 30, 2006 05:40 PM

I hink Charles that the real truth to PBL's strategy in this is the little suffix on your blog there - Nine will probably lose but it will take IceTV to the wall with legal fees.

Essentially bankrupting them by lawyer.

Posted by: Newman at May 31, 2006 01:32 AM

$3 a week seems very expensive! Then again, I am about to get rid of Foxtel including their IQ product and know the addictive nature of a PVR.
Molly

Posted by: Phillip Molly Malone at May 31, 2006 02:41 PM

How can you survive the train wreck of Australian TV without your IQ box? I would never watch TV if I couldn't timeshift and I'd certainly never manage to watch my late night motor sport. Oh, hang on, yes I used to manage with 2 tape recorders and lots of cursing, but that was sheer desperation. Now it's all relaxed and super slow motion at will.

cheers, Paul

Posted by: Paul [TypeKey Profile Page] at June 1, 2006 07:38 AM

I'm saving my money to buy a Topfield box. Meanwhile I've stopped watching TV and re-discovered the joy of a good book.

Posted by: Tony at June 4, 2006 08:59 AM

The problems with free to air is that the advertisers are the customers and the viewers are the product sold.

The quality of free to air is getting worse and the networks know it, pressured by the loss of advertising to the internet they will pull any dirty little trick they can to try to secure their product to attract more customers.

I have all but given up on free to air after my favourite programs suffer constant scheduling changes, are held back for weeks or just skipped with no notice.

I think at the top they have weighed up the costs of either getting with the times and embracing new content distribution models or just suing and pressurring the government for tougher anti-competitive regulation.

As with the RIAA and MPAA in America, it looks like the Packer Emipre thinks the latter is the cheaper option at the moment.

You can only stem the tide for so long though

Posted by: andy at June 4, 2006 03:29 PM

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