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Judge with gavelOne of these days, FilmOn is going to win a case in court, but it probably won’t be today. Washington DC District Court Judge Rosemary Collyer slapped down FilmOn’s request to be allowed to stream over-the-air TV in Boston. Her earlier ruling that bans FilmOn from carrying OTA TV without permission still applies everywhere but in the New York-based Second District.

This chapter of the FilmOn saga began last Thursday, Oct. 10, when Boston District Court Judge Nathaniel Gorton denied broadcasters’ request for a preliminary injunction against Aereo, allowing it to continue to stream OTA TV in Boston. Within hours, FilmOn founder Alki David announced that he would “defy” Collyer’s earlier injunction and begin streaming major network stations from Boston.

Yesterday, FilmOn officially requested that Collyer revise her order to reflect the Boston court’s finding. Tim Bukher at LawTechie.com saw this as a slam dunk. “It is fairly likely that Washington will accede to FilmOn’s request. If it does not, FilmOn could just sue for declaratory judgment in Massachusetts nullifying Washington’s injunction within its borders,” Bukher wrote.

Instead, Collyer responded today with what I would consider a worst-case scenario. Not only did she refuse to modify her order, Collyer also asked FilmOn why she should not hold it in contempt for streaming Boston TV stations before her ruling. According to Multichannel News’ John Eggerton, “FilmOn countered that was only an antenna test.”

As of this writing, the Big Four network stations in Boston are no longer available on FilmOn, but it’s still carrying Boston’s PBS, CW, and ion affiliates. (Probably still testing those antennas.) And as of now, FilmOn is still looking for a US court that will give it a win.

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“Whether we like it or not, we’re a proving ground for the masses.”
– Dave Pedigo, CEDIA Senior Director of Learning and Emerging Technologies

Virtual golf booth at 2013

One of four virtual golf products I saw at CEDIA Expo 2013

At first glance, the CEDIA Expo, held in Denver last week, might not look all that relevant to those of us who are more interested in finding new ways to watch TV than in where to buy rows of theater seats. Pedigo, speaking at a panel discussion sponsored by Dish Network, summed up the counterargument in that sentence. Today’s 4K video upconverters are tomorrow’s $40 Walmart DVD players. Okay, maybe day after tomorrow.

CEDIA stands for the Custom Electronic Design and Installation Association. These are the people who assemble and install wonderful entertainment goodies in the houses and mansions of clients who can afford the very best. They’re the type of folks who think that a $4000 Kaleidescape movie server would be a good fit for their home theater project. As a rep at the Dish booth told me, “This is not our typical customer.”

Pedigo’s statement also contained another truth – today’s new tech standard might be tomorrow’s Betamax. Already buzzards are circling around 3D TV, the tech darling of 2010. (I think that 3D will come back strong once it works out glasses-free, big-screen displays, but it’s not here yet.) Standards and technologies that are only recently available will be what we live with 10 or 20 years from now.

“Good design is about removing complexity from users’ lives.”
– Zean Nielsen, President of Bang & Olufsen America

Bang & Olufsen announced at its CEDIA press conference that it will be the first to launch a product certified by the Wireless Speaker & Audio (WiSA) Association. According to the WiSA site, it’s “an industry group dedicated to promoting the adoption of WiSA-compliant wireless audio technology.” That should give you a good hint about the nature of that product, for which I’m under an NDA until October 30.

I mention that announcement as another good example of what’s going on here. Companies line up behind different standards, and some of those standards are destined to be ubiquitous in a few years. Sure the prices are not those experienced by the median Dish customer. (A Sound & Vision magazine distributed at CEDIA Expo raved about the “crazy-affordable” Fluance XL7F speaker system, available at the “unbelievably low price” of $800.) But their wave of influence will reach that average Joe eventually.

“Convenience is Number One for consumers. Give them the best product so they won’t look elsewhere.”
– Vivek Khemka, Dish Senior Vice President of Product Management

SonyBlurWhat more can I tell you? Here are more of my notes:

  • More than 470 exhibitors and 17,900 attendees from 84 countries attended CEDIA Expo this year. That’s about an eighth of the International CES’s numbers from January. In almost every way, CEDIA Expo resembled a scaled-down CES, except that its training sessions seemed a lot more down to earth. Teaching real installers how to work with different technologies is useful no matter where you are.
  • Sony held its press conference in its 4K demonstration theater on the CEDIA Expo exhibit hall floor just as the show opened. Around 35 guys crowded into a black room designed to seat 20. As the Sony reps began to show off their newest and most dazzling products, the convention’s announcer’s voice boomed around us that CEDIA 2013 was underway. Even as the screen in the dark room showed the amazing glitter of the Carnaval in Rio (captured to the best of my iPhone’s ability here), we heard the swarms of conventioneers passing within a few feet of its walls. It felt as though we were taking cover from a hurricane in a packed storm shelter.
  • Dish Network opened the APIs for its Hopper, and that effort began to pay off as it announced its upcoming integration with Control4, one of the leading home automation and control companies. Dish promised that it will be working with more partners soon. As a Dish shareholder, I’m glad to see it go after this high-end market.
  • Only one exhibitor even mentioned over-the-air TV. Veteran satellite and OTA antenna manufacturer Winegard had a small booth to promote its new FlatWave AIR outdoor amplified antenna. On the other hand, TiVo was promoting its Roamio line of DVRs. Unlike the TiVo models that I fell in love with a decade ago, the Roamios have no OTA inputs.
  • On a related note, Bruce Leichtman of Leichtman Research Group pointed out that those early TiVo models, which were so influential and game-changing when they were introduced, never reached more than 2 percent of TV households, while today over half of households use a DVR. The lesson there is “consumers like it better when it’s incorporated in their receiver.” Personally, I can just imagine the sea change once a serious over-the-top service gets integrated with a standard pay-TV receiver. Dish Anywhere and Roku are closing in on this idea from different directions. Who will be the first provider to include include dozens of OTT-delivered channels in its receiver’s live TV guide?

by ·Comments Off on FilmOn adds OTA channel lists for DC, NYC, LA

FilmOnMHzI’ve been resisting the urge to write more about FilmOn because I don’t want this to become the What the Heck is Going On with FilmOn Blog. But once again, I’ve just got to ask, What the heck is going on with FilmOn?

On the legal front, it’s a little easier to explain what’s going on. Two days ago, a New York federal judge ordered FilmOn to pay CBS and other plantiffs $1.35 million plus interest and attorneys’ fees for failing to pay the full amount it owed under an October 2012 settlement on the old copyright lawsuit. Then yesterday, FilmOn asked Washington DC U.S. District Court Judge Rosemary Collyer to reconsider her injunction preventing it from streaming over-the-air broadcasters, claiming that the order puts it at a competitive disadvantage compared to Aereo, which keeps avoiding these injunctions. I also keep reading reports that the injunction prevents FilmOn from streaming stations from almost all of the US, but in real life, FilmOn continues to stream Denver, Chicago, and probably other cities I can’t easily check.

If FilmOn is ignoring or bypassing the “nationwide” part of the injunction, that would be just the beginning of the weirdness. Yesterday, its online channel list added New York TV and Los Angeles TV as new categories, populated by the names of every OTA channel and subchannel in those markets. Today, it added Washington DC TV, the one place I’d firmly believe is covered by Judge Collyer’s injunction, with a similar set of every possible OTA offering. Yesterday, my attempts to launch a handful of these channels were uniformly unsuccessful; selecting one kicked in the standard preroll ad, then a Loading graphic and that’s all. Today, I see that at least a few of the Washington DC channels are live, including 30.3, the MHz subchannel carrying CCTV News. The picture stutters and sometimes goes blocky, suggesting a marginal signal, but there it is.

As someone who has been following FilmOn for years, I can tell you that I have no idea what this means. It’s uncharacteristic of FilmOn to offer all available OTA channels for a market; for example, in Denver, it only offers the Big Four networks. Is FilmOn deliberately thumbing its nose at the injunction? Is someone in the control room experimenting with what FilmOn might do after they actually win a lawsuit? Is some prankster playing a trick on FilmOn or the rest of us? I suspect we’ll all find out soon enough.

Update: John Eggerton from Broadcasting & Cable followed up by talking with FilmOn founder Alki David. According to Eggerton, David was waiting for a ruling on FilmOn’s request for the judge to reconsider her decision. This afternoon, she denied that request. “We had a motion to stay. As a result of the stay motion, the order is put on ice. The decision is made so now we comply,” David said. There’s a lot more in Eggerton’s article, so go read it!

Update 2: By the time Eggerton’s article appeared, the local TV categories I mentioned had disappeared from FilmOn. As I type this the next morning, the Big Four networks are gone from Denver and Chicago, although WGN is still there. New York, safely in a pocket of District Court approval, looks the same as it did before all this happened. I still wonder what the plan was for those categories. Maybe David will let me know one of these days.

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Old WSBK TV logo

WBSK logo from the 1970s, courtesy of Logopedia

One of the distinguishing characteristics of Dish Network vs. DirecTV or cable is that Dish sells a la carte subscriptions to the five legally protected superstations. As rare examples of distant over-the-air TV, stations WBSK, WWOR, WPIX, KWGN, and KTLA are available through Dish individually or in a package.

That’s all going to end September 19, less than two weeks from now, when Dish will no longer offer the superstations, although existing superstation subscribers will be grandfathered indefinitely according to an email from Dish to its retailers. That news was reported by the SatelliteGuys site, which is usually right about such things.

Those five superstations don’t include the two you might guess, WGN and WTBS, not any more. Those five are the suvivors of the brief superstation wave that hit cable TV in the 1970s and 80s, with their grandfathered status preserved by a specific clause in the Satellite Television Extension and Localism Act (STELA). (WGN and WTBS evolved to add non-OTA national versions of themselves, partly to skirt rules about cable systems importing distant OTA signals. Long story.)

Now Congress is debating STELA’s renewal, and some legislators want to add on an overhaul to all retransmission consent rules. There are contentious committee hearings going on now, and I’ll bet that no one at those hearings even mentions superstations. My guess is that Dish sees that Congress will overhaul STELA one day soon and that when it does, the superstation exemption will be gone.

When I chose Dish 12 years ago, the superstations were a large factor, but now it would be easy to say that these grapes have already soured. All five superstations once provided plenty of major-league baseball coverage, but this year they combined for only about 50 games, split between WWOR and WPIX. With the rise of second-tier networks (WB and UPN, then CW and My TV), these “independent” stations had less and less unique programming. And with HD as the new basic standard for most TV viewers, Dish still delivers only the SD version. A few years ago, I noticed how little I was watching them, so I dropped them.

If you want one last chance to get distant OTA channels delivered via pay-TV satellite, this might be it. I don’t know if they’re really worth $7/month, but I figured I’d subscribe to them one more time before it’s too late.

Update: It’s September 19, and sure enough, Dish no longer offers the Superstations on its a la carte programming page. Hope you subscribed if you really wanted them.

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US Open tennis on CBS NY

Friday’s US Open tennis on CBS NY

On Thursday, a US District judge in Washington DC issued a preliminary injunction against our old friends at FilmOn, the TV streaming service. Several major networks had filed suit against FilmOn, claiming the service was rebroadcasting their stations’ signals without permission. In her opinion, Rosemary Collyer wrote that the networks are “likely to succeed on their claim that FilmOn X violates Plaintiffs’ exclusive public performance rights in their copyrighted works.”

According to the New York Times and others, Fox said in a statement that the injunction “would apply across the country, with the exception of New York, Connecticut and Vermont, where the United States Court of Appeals for the Second Circuit has upheld Aereo’s business model”. I don’t think that FilmOn founder Alki David agrees.

David told the Hollywood Reporter, “We are still in many other cities across the USA. We are opening Philadelphia on Monday. We will win DC back on appeal.” Sure enough, as I write this, FilmOn is still streaming local OTA stations from New York City, Denver, and probably other cities that are harder for me to check. Just not Washington.

(As an aside, you really need to read David’s response in Variety. It starts with “The judge is clearly in (the broadcasters’) pockets,” and continues with the word “hairy” and a part of the anatomy.)

And even if FilmOn ever gets completely shut out of streaming US OTA channels, (it’s happened before), it could still continue with its zillion other channels. David told Deadline.com that “We will continue without the Networks and appeal. We will win in the appeal.” What will probably happen is that the whole business question of whether a company can stream the OTA signal from an individual antenna to a single user will be settled by the Supreme Court, and that won’t happen for a couple of years according to a great analysis on GigaOM.

The other OTA streaming service, Aereo, has been very successful in the courts at blocking injunctions. For FilmOn to succeed in streaming US OTA, I think its next step should be to hire Aereo’s lawyers.