hand holding electrical plug for TV set

© Depositphotos.com / Naypong

Just got back from the International CES in Las Vegas, where Dish Network unveiled Sling TV, an online-only set of pay-TV channels for $20/month. (I’ll write more about Sling TV later, meanwhile you can read more here.) I just knew something like this was coming, and I wondered what it would mean for my old friend NimbleTV, which sells online-only sets of pay-TV channels that it somehow receives from Dish. Yesterday, the other shoe dropped.

My NimbleTV “concierge” sent me a subscriber-only email announcing that beginning Monday, January 12, I will “not be able to access (my) account or recordings.” The email never mentions Dish or Sling, but claims that “we’ve decided to pause the NimbleTV service as it stands today so we can concentrate on developing something even better and more amazing than before.”

It’s been over a year since Dish blocked NimbleTV’s access for a few weeks before NimbleTV restored its service with new parameters. Since then, a Dish representative once characterized NimbleTV as “illegal,” but it has managed to continue operating without further interruption. Yesterday’s email signals the end of all that, unless and until NimbleTV relaunches its “new and improved service later this year.”

My uninformed guess about their relationship had been that Dish wasn’t excited about NimbleTV’s existence, but was willing to accept full-price monthly fees from its subscribers. (A full-blown fight or any serious complaining would have only led to the Streisand Effect of publicizing such a rogue.) That benign neglect ended the minute that Sling TV began offering a similar service. Sling TV is still in invitation-only beta, so the cutoff doesn’t have to be as abrupt as last time, but that reluctant partnership has to end, at least according to my unsubstantiated theory.

I don’t expect NimbleTV to return as anything like it was unless, as reported, the FCC reclassifies “multichannel video programming distributor” to include internet-only services. Absent that intervention, I don’t think that any streaming service will ever be able to do anything that content creators don’t want it to do, at least not for long. NimbleTV bent over backwards to ensure that creators were paid for what they provided, but it’s still drifting toward the failed experiment graveyard with ivi.tv, Aereo, and FilmOn’s US over-the-air channels. It was great while it lasted, but for now, it’s over.

NimbleTV screen shotOur old friend NimbleTV, the streaming TV service that supplies New York City broadcast TV channels and more to its subscribers, has expanded into Chicago. Only active cable-TV subscribers in the Windy City will get the opportunity to subscribe to NimbleTV’s watch-from-anywhere Chicago streams.

“We’re delighted to offer Chicago residents a new way of viewing their TV that’s on their terms,” Anand Subramanian, founder and CEO of NimbleTV, said in a press release. “By allowing them to ‘Nimble-ize’ their cable subscription, customers can change the way they access their TV while also respecting the existing TV ecosystem that pays creators for their content.”

As with the NYC cabler package, the Chicago offering for Comcast subscribers appears to offer mainly the over-the-air broadcast channels and digital sub-channels, along with a collection of little-watched news and shopping channels. NimbleTV forces viewers to validate their cable subscriptions before viewing the OTA channels, which would verify that those viewers are indirectly paying some kind of retransmission consent money to those stations.

NimbleTV is also still offering that collection of mostly news and shopping channels for free to just about anyone, but the lineup has changed since May. Gone are Antenna TV and the movie channel This, ending my speculation that NimbleTV cut a deal with WPIX. Also gone is Al Jazeera, replaced by five other international news channels: Russia Today Documentaries, SkyNews, i24 News, Deutsche Welle, and France 24. Those aren’t as good as Antenna or This, but what do you want for nothing?


Damn. Sometimes I hate being right.

I predicted that the US Supreme Court would find some excuse for a narrow decision to deny Aereo the right to stream over-the-air TV over the internet. But I couldn’t predict the reason because it’s just too goofy: Because Aereo is like a cable system, it should be bound by cable system rules even though Aereo was designed to avoid cable system rules. Mike Masnick at TechDirt has a much more thorough analysis that you should go read.

Aereo founder Chet Kanojia put it well in a post on his blog: “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.”

In the Broadcasting & Cable article on the decision, FilmOn founder Alki David was his usual hyperbolic self. “This huge blow to net neutrality and consumer rights proves my mistrust of the courts is well founded and that the policies and agencies that are supposed to protect the public interest have failed,” David said. “They are indeed mere tools of a handful of corporations intent on keeping the people in a stranglehold of bad cable service at extortionist fees.”

David exaggerates, but I don’t know by how much. Our political system is broken. Money, mostly delivered by a tiny group of donors, determines who gets elected and therefore what happens. Congressional representatives have to spend half their time just raising more money from a well-connected few. As a result, corporate interests routinely trump the good of the people.  That’s why I’ve donated to Lawrence Lessig’s Mayday PAC, which hopes to build enough support to implement meaningful campaign finance reform ironically by raising money to support candidates who agree.

Lessig had been interested in copyright reform, trying to find the right balance to give content creators a finite period to profit from their works while growing the pool of resources that other creators can reuse and repurpose. After a few years of writing on the topic, Lessig had the epiphany that copyright reform would never happen until the underlying problem of money in politics was solved. (You can find most of Lessig’s books available for free download at his personal blog.)

Click on the YouTube video at the top of this post and see for yourself. MayDay has ambitious goals, but they’ll need to reach theirs before we’ll all be able to watch live TV through Aereo again.

Tablet TV prototype

Tablet TV prototype

Aereo lost its Supreme Court case, and if you want to read more about that, check the post above this one. Meanwhile, I wanted to mention a few choices you’ve got for streaming TV over the internet.

(Mind you, as I type this, Aereo still has its signup page active and FilmOn still lists a few dozen out-of-market over-the-air TV channels, so we might be waiting for some lower-court injunctions to take effect before they go away.) Update: On Saturday, two days after the ruling, Aereo signed off and FilmOn began requiring a subscription to view its US OTA channels. John Eggerton has the full story at Broadcasting & Cable.

For sheer versatility, nothing beats a Windows 7-based Media Center with a TV tuner. Getting it to stream is a little trickier; perhaps Remote Media Center is the answer? I’ll have to fiddle around with that one day.

I was very impressed with the Tablet TV prototype that I saw at the NAB Show a couple of months ago. I pointed out a couple of flaws: Its telescoping antenna was vulnerable to accidental bending (if my experience with telescoping antennas is any guide) and there was no way to plug in an exisiting TV antenna. But from what was working, Tablet TV had a nice interface for live OTA TV and maybe even a DVR. It’s something to look forward to.

Today, DVR+ maker Channel Master announced that it would offer Aereo subscribers a discounted package that includes an OTA antenna, a DVR+ receiver, and a USB WiFi adapter. That offer’s good through July 6; click the link for more information.

If you have a New York City address (cough), there’s always NimbleTV for the NYC affiliates of the major OTA networks, plus whatever package of Dish Network channels you want to buy. NimbleTV says it passes through subscribers’ payments to the content providers, or something like that, so it probably won’t be affected by the Aereo decision.

(Speaking of Dish, its Dish Anywhere service with the right receiver can stream OTA TV too. But that’s a fairly expensive alternative to Aereo, which was designed to attract viewers who didn’t want to subscribe to pay TV.)

My current favorite OTA delivery mechanism is my rooftop antenna and Simple.TV, which performed as flawlessly for me from across the Atlantic as it does on my home system. It requires an extra link such as a Roku box to make it to your TV set, but it streams fine to my phone or tablet anywhere. Simple.TV’s system for helping viewers schedule shows is still the best I’ve seen so far. Find an antenna and check it out!

NFL Network booth in Times Square

© 2014 Depositphotos / zhukovsky

I spent some time in Europe the past few weeks. It’s great to hang around in London and watch Sky try to lure subscribers with the very notion of relatively inexpensive pay-TV, because the set of free channels is so broad and culturally expected. (Yes, I know that Britons pay the equivalent of about $10/month as a license fee already.) It was also a great way to stop pondering Aereo for a while.

I don’t like to write depressing stories, and my take on Aereo is just that. As I wrote in a Broadcasting & Cable comment, I expect that corporate interests will compel the US Supreme Court to block Aereo, although I expect the justices will need to find a way to do so without breaking various cloud computing precedents. Therefore, my guess is that the court will rule narrowly that Aereo’s multiple-antenna setup is the same functionally as a single antenna, so it loses. Waiting for the Aereo decision, expected any day now, is for me just waiting for the shoe to drop.

Today, The Washington Post reported that an Aereo victory would “change how we watch football”. The timing of that story is interesting, considering that the New England Patriots’ web site carried an independent story with similar talking points hours later. Then the Consumerist came along to debunk the Post story, saying that the NFL would not be significantly damaged. I don’t think either side of this argument got it right.

At present, Aereo only serves subscribers in a particular home TV market. Even if a valid subscriber is on the road, Aereo won’t let him watch TV from home. (On the other hand, my home-based SimpleTV receiver performed like a champ, letting me watch my local shows from a Paris hotel room. But I digress.) The Consumerist seemed to take this as a permanent restriction, so local viewers would only be watching the local stations they could get over-the-air anyway. But FilmOn, which piggybacks Aereo’s justification, streams out-of-market broadcast TV now and would probably carry more Fox and CBS affiliates as soon as it could. And Aereo might do something like that after its legal clouds are gone.

Then the Consumerist suggested that because it’s not easy to switch between distant OTA channels, then NFL Sunday Ticket should remain untouched. No, you just don’t get it. A very large percentage of Sunday Ticket customers are folks who love one out-of-market team and watch to watch that team’s every game. Once in a while, the idea of a slightly less expensive Sunday Ticket, limited to one team, is brought up then quickly discarded. Letting that chunk of subscribers walk away to Aereo or FilmOn would cost real money. But the online model is so tech-driven (for now) and so dependent on reliable high-speed internet that such mass migrations wouldn’t occur for years.

If Aereo wins, I’m sure the networks and sports leagues will run straight to Congress to get new protection laws. Should the NFL move further to pay-TV (remember, it already moved Mondays and some Thursdays), it woud just join every other major US sports league in abandoning OTA TV. At least we’ll still have the FIFA World Cup, in Spanish.