Re: a bit more thinking on Tivo and its issues; GMST: John, I do not know what you sold in order to keep what in your portfolio. This post, I guess, is more about Tivo than GMST. I am long GMST and have no position whatsoever in Tivo. As to Tivo emasculating the commercial message part of the broadcast that it enables for its TV/Web interactive technology, a couple of more thoughts:
In the Nextwave spectrum controversy (with supporting roles played by Liberty Media, GBLX and, the villain, NXTL), the Second Circuit Court of Appeals has come out and stated that spectrum is a public good (and here I will enlarge the concept addressed by the court and include not only the TV signal space but also cable broadband space, since it is also subject to FCC regulation); private interests have no property rights, as such, in spectrum. The FCC is authorized to license spectrum to those who qualify. Having qualified, those who pay for and use spectrum have property rights that devolve from their use of the spectrum.
In short, I can not see Tivo, as an un-licensed entity, taking a piece of the pie (i.e., commercial/advertising content) away from a licensed entity that uses licensed spectrum to disseminate or distribute that content to the public, whether over-the-air or through hybrid co-ax, merely by placing its box in the receiver. This rant is based on nothing more than the url you provided (I think that it was you). Perhaps the FCC can rule that the end-consumer is entitled to "manipulate" the received content any-way it chooses--i.e., by editing out the advertising content. But the satellite broadcasters just fought for and won a long struggle to be able to distribute the content of the local network broadcast space--but my impression is that the satellite broadcasters can not edit out the local advertising content they broadcast. Anyone know any different?
Steve |
