Entertainment and Sports

This living topic covers the latest shifts and trends in streaming services and sports entertainment. It provides detailed analysis of the evolving landscape, including the growing role of streaming platforms in broadcasting sports events like the NFL and NBA, and partnerships between streaming services and sports leagues. Additionally, it highlights the increasing prices and bundling strategies of major streaming services such as Netflix, Disney+, and Peacock. The topic also discusses consumer responses to these changes, including the growing dissatisfaction with cable providers and the rise of cord-cutting. Furthermore, it touches on legal actions against monopolistic practices in the entertainment industry, exemplified by lawsuits against Live Nation and Ticketmaster.

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Disney+ officially takes a shot at password-sharing customers

Here we go again. Disney+ has announced an update to its policies where it – like Netflix – intends to start charting an account-sharing fee to anyone who shares their account with someone outside their household.

During the company’s latest earning call, CFO Hugh Johnston said Disney's password crackdown will start in a matter of months. 

"Beginning this summer, Disney+  accounts suspected of improper sharing will be presented with new capabilities to allow their borrowers to start their own subscriptions," Johnston said.

"Later this calendar year, account holders who want to allow access to individuals from outside their household will be able to add them to their accounts for an additional fee."

Not a surprise

Surprised by this? You shouldn’t be. “Following Netflix’s implementation of its account-sharing clampdown, which has seen over 20 million new subscribers come on board, it’s not a huge surprise to see Disney following suit,” Roger Palmer from WhatsOnDisneyPlus.com, said. 

“Netflix charges $8 for each “extra member” subaccount, which is slightly more expensive than its ad-supported tier, which many account sharers might have moved over to.”

Where is this all going?

Disney+ probably didn’t come to this decision quickly. The Mouse recently raised its monthly subscription price by 27% to $13.99, which resulted in a loss of 1.3 million subscribers. Hulu, on the other hand, increased its subscriber count after raising its prices, indicating that the impact of price hikes can vary across different services.

Nor has raising rates hurt Netflix. After it lost more than a million subscribers in 2022, it came back with a roar in 2023, adding those 20 million Palmer referenced.

Then, it played its hand with a big price hike. According to The Streamable, anyone who wants to get all of Netflix’s best features on its top tier currently has to pay $22.99 per month – an increase of $15 per month (188%) in nearly 17 years. So, consumers must think it's worth paying for.

However, with the cloud of price hikes, a little programming sunshine might soon make an appearance, particularly for sports fans.

Just last month, Prime Video raised the price of ad-free streaming by $3 per month, bringing regional sports channels to its platform through an investment in Diamond Sports Group.

Major League Soccer moved its games primarily to streaming in 2023, as well. The NBA wants to sell its next rights deal to a streaming service, and HBO wants a piece of the sports action, too.

Here we go again. Disney+ has announced an update to its policies where it – like Netflix – intends to start charting an account-sharing fee to anyone who...

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Here are the most talked about Super Bowl ads of 2024

Super Bowl games always attract a lot of celebrities, but for Super Bowl LVIII there may be more celebrities in the commercials than in the stands. Every brand, it seems, found one or more celebrities to help sell its products.

“Friends” stars Jennifer Aniston and David Schwimmer reunited in an Uber Eats ad while David and Victoria Beckham also appear in a spot for the food delivery service. Aubrey Plaza and Nick Offerman, co-stars from “Parks and Recreation,” teamed up to praise Mountain Dew.

M&M had plenty of star power with Scarlett Johanssen, backed up by former NFL stars Dan Marino, Terrell Owens and Bruce Smith. Marino also appears in a Michelob Ultra ad with soccer sensation Leo Messi.

BMW tapped Christopher Walken to extoll the virtues of its luxury cars while Skechers brought back 1980s celebrity Mr. T to help CBS broadcaster Tony Romo sell slip-on sneakers.

History lesson

Oreo cookies take viewers on a trip through history, showing how the course of world events might have been altered through the use of a decision-making aid called “twist on it.” By twisting the cookie apart, a decision is influenced by whichever side of the cookie has the cream.

Star power

People love to hate Tom Brady but he takes it so good-naturedly. Seven Super Bowl rings and a mountain of money probably make him less sensitive to criticism. 

BetMGM plays on that with this spot, teaming Brady with hockey great Wayne Gretzky and comedian Vince Vaugh, in which Brady has already won more than his fair share and is excluded from the blackjack table.

State Farm also harnesses star power by enlisting Arnold Schwarzenegger for a new action movie, starring as Agent State Farm. The company released the first of the two-parter before the game but is keeping the finale under wraps. Here’s part one.

Funniest

Okay, humor is subjective. That said, Paramount+’s commercial featuring Buffalo Bills quarterback Josh Allen, Peppa Pig, the CBS Sports broadcast crew and a transformer was just weird enough to strike our funny bone. But you be the judge.

The ETrade babies are back for another Super Bowl appearance but their 2024 commercial seemed to have lost a step when compared to earlier spots. Tina Fay’s commercial for Booking.com shows her many sides, but she’s ultimately upstaged by Glenn Close.

The NFL is expecting a record audience for Super Bowl LVIII, especially since the Kansas City Chiefs and Taylor Swift’s boyfriend are in the game. With a 30-second ad going for around $7 million pop, it could also be a record haul for CBS, the network airing the game.

Super Bowl games always attract a lot of celebrities, but for Super Bowl LVIII there may be more celebrities in the commercials than in the stands. Every b...

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Watch the Super Bowl for free? You’ve got options!

This Sunday, if you don’t have an antenna or a cable package and you want to watch the Super Bowl for free, you do have options.

CBS has the broadcast rights this year – its 21st Super Bowl if anyone is counting – and that gives most everyone in a Top 100 TV market easy access to the broadcast, either at home or at a local bar.

If you live outside a major metro, though, you should first try Paramount Plus. It's CBS’ parent company and it’s offering a free, one-week trial.

There’s no promo code required, and you can stream on various devices. Just remember to cancel before the trial ends if you do not wish to continue the service.

There’s also FuboTV’s free week-long trial that includes access to sports channels including the Super Bowl. Sign up now and remember to cancel after the game to avoid charges.

If you live right outside a major city, you could hurry over to Amazon and buy an Over-The-Air (OTA) Antenna for $25 or so. That way, if the nearest CBS station is within spittin’ distance, you’ll be able to watch it for free, the old-fashioned way. 

The last two options are DirecTV and Hulu+ Live TV. Both offer free trials that include access to the Super Bowl. Again, just cancel it after the game or a monthly subscription will show up on your credit card for sure.

One other word of warning

Make sure to take advantage of these offers promptly, as they may not be available on the day of the Super Bowl itself. 

This Sunday, if you don’t have an antenna or a cable package and you want to watch the Super Bowl for free, you do have options.CBS has the broadcast r...

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Disney+ now available for free for millions

Disney+ for free? Yes, but only in an ad-supported version and only for Charter Communications’ Spectrum TV Select customers.

Still, that's a lot of folks since Spectrum counts 32 million consumers in its customer database.

As part of the two companies’ coming to terms on a new distribution agreement, Charter video customers can now turn on their TVs and stream entertainment from Disney, Pixar, Marvel, Star Wars, and National Geographic, including movies, TV shows and original programs.

The only thing they need is a Xumo Stream Box or any type of Disney+ supported device (Roku, XBox, Chromecast, etc.)

“The inclusion of Disney+ alongside a curated lineup of our TV channels brings the best of both worlds from Disney’s unrivaled entertainment portfolio to Charter’s video customers,” said Justin Connolly, president of Platform Distribution, at The Walt Disney Company.

“Our goal has always been to meet consumers where they are, and these collective offerings will maximize value for Spectrum TV Select customers while simultaneously broadening the audience of our advertiser-supported streaming services.”

Move over, Netflix?

Is Disney trying to angle its way to king of the streaming mountain? It may be.

According to data presented by Statista, Disney+ is expected to count over 205 million hybrid subscribers of its ad-supported or subscription-based tiers by 2028, or three times more than its biggest rival, Netflix.

If you're someone who keeps up with the Joneses, the OnlyAccounts researchers pointed out that you may have to get used to ads. It found that over 85% of Disney+ subscribers will use the ad-supported plan by 2028.

You can expect even more bundling

Streaming subscription bundles spiked during the 2023 holiday season, but this latest move from The Mouse could signal even more.

Guess who's to blame -- or is it bless? It's you, the consumer. According to data from subscription analytics provider Antenna, about one-fourth of subscribers to major streaming services have canceled at least three of them over the past two years — nearly double the cancellations two years ago.

Dan Goman, CEO and founder of Ateliere Creative Technologies, a digital media supply chain solution that supports some of the largest digital streaming platforms in the world, told ConsumerAffairs that while this sounds like a victory for streaming subscribers, it could turn out to be the just the opposite.

“In my opinion, the overall impact on consumers is likely to be mixed, but perhaps mostly negative in the long run," Gorman said. "On the upside, bundling services will make things more affordable, offering a plethora of content at a better value, with more innovative package options than traditional cable bundles, including valuable third-party services – a trend we're already observing.

“However, there are significant drawbacks. While these large bundles often include a vast array of content, much of it may not align with consumer preferences."

Goman says where streaming users will feel the pinch is in not being able to choose all the content they want, coupled with the absence of à la carte options.

"Consumers will be forced to completely change their content access approach - and this will happen very rapidly.”

Disney+ for free? Yes, but only in an ad-supported version and only for Charter Communications’ Spectrum TV Select customers.Still, that's a lot of fol...

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NY Attorney General alleges SiriusXM traps customers in contracts

Have you tried to cancel your subscription with SiriusXM, only to be met with increasing difficulties and a long, complicated process? You’re likely not the only one. 

New York Attorney General Letitia James recently filed a lawsuit alleging that SiriusXM traps consumers in their contracts, making it intentionally difficult to cancel their plans. 

“Having to endure a lengthy and frustrating process to cancel a subscription is a stressful burden no one looks forward to, and when companies make it hard to cancel subscriptions, it’s illegal,” said James. “Consumers should be able to cancel a subscription they know longer use or need without any issues, and companies have a legal duty to make their cancellation process easy.” 

Employees are encouraged to make things harder

Currently, in order for consumers to cancel their accounts, they need to either call SiriusXM’s customer service line, or chat with a representative online. According to SiriusXM’s own data, that process takes on average 30 minutes online and around 12 minutes over the phone. 

However, the suit claims SiriusXM employees are encouraged and trained to make the canceling process extra difficult for consumers, so these interactions often take far longer than those estimates. 

“The company trains its agents to keep customers on the phone or in the chat for a lengthy six-part conversation that includes asking a series of questions and then pitching the subscriber as many as five retention offers, all to delay cancellation,” the attorney general’s alleges. “When customers decline the offers, agents are trained not to take ‘no’ for an answer and to keep bombarding customers with questions or offers until they either relent or become frustrated.” 

Based on the Attorney General’s report, SiriusXM has approximately 35 million subscribers. The goal of the lawsuit is to not only have SiriusXM revamp its cancellation process to make it easier, smoother, and simpler for customers, but to also recoup the money subscribers have lost. 

Have you tried to cancel your subscription with SiriusXM, only to be met with increasing difficulties and a long, complicated process? You’re likely not th...

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FCC cracks down on cable providers' junk fees

If you’ve ever tried to cancel your cable service, it’s possible you were gobsmacked by junk fees. Fed up trying to respond to all those complaints, the Federal  Communications Commission (FCC) has voted to initiate a proposed rule barring cable providers from charging "early termination fees” that can often exceed $200, like it did Karen of Redondo Beach Calif., when she tried to cancel her Spectrum contract.

If you want to think of this as a shell game, you’re entitled to it. You may cancel your service for any number of reasons – moving, financial hardship, or poor service.

According to Mark Chen at Billsmart, you’re probably going to get charged an early termination fee unless you’re dead or in the military, and even in those cases, you’ll need to provide proof.

A tough battle made tougher

The Biden administration has had some wind at its back on the issue of junk fees up to now, but not in this situation. 

The Commission’s efforts are already facing major headwinds from cable providers and trade groups. Accountable.US spokesperson Liz Zelnick said that despite what consumers want, those groups are dropping tens of millions of dollars lobbying against federal efforts.

“CEOs chasing profits would rather make excuses for junk fees than consider it’s a big reason why so many of their customers are cutting the cord,” she said. 

“Americans should have the power to end services they don’t want without being price-gouged with hundreds of dollars in termination junk fees.”

But do you have that power? Sadly, little or nothing at all. The best thing you can do is ask for some mercy on the fees, be sent to someone in “retention” and ask for a better deal, or just suck it up, pay what they’re asking for, and chalk it up as a bad experience.

Ah, the fine print

You see, these companies have “fine print” on their side – and when you signed up for the service, you agreed to what’s in that fine print as was the case with Michelle from South Milwaukee Wisc., when she tried to cancel her Spectrum service.

Michelle’s understanding was that she would get an “adjusted bill,” but when that adjustment never appeared and she called back, the company’s tune changed a bit.

“I was advised today that there is fine print on the bill that says that it doesn't matter when you cancel your service you will have to pay until the end of the billing cycle," she wrote. 

"At no point during my conversation when I was canceling service, did the agent tell me this, in fact, just the opposite as I already stated above, she said I would get an adjusted bill in the next couple of days."

It's another reason to pay these things with a credit card and let the credit card company do your fighting for you. There’s no guarantee, but as ConsumerAffairs has found out several times over the last year, credit cards do offer more consumer protection than almost anything else. Just sayin’...

If you’ve ever tried to cancel your cable service, it’s possible you were gobsmacked by junk fees. Fed up trying to respond to all those complaints, the Fe...

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Canceled celebrities 2023: Who’s lost the most net worth?

“If enough people on social media agree to ‘cancel’ you, then it doesn't matter how big your platform is, your livelihood will be affected.”

So says social media influencer Paige Michael, who has 171,000 Instagram followers on her fitness channel @peanutphysique. She knows the stakes because like anyone whose reputation is made online, she has seen firsthand how quickly and aggressively social media tides can turn a person—especially a celebrity—from massive success to target of boycott and online vitriol. 

What exactly does getting “canceled” look like? “People very much ‘team up’ and hide anonymously behind their phone screens to deteriorate someone's platform,” she told ConsumerAffairs. 

“The algorithms are designed to reward content that triggers strong emotional reactions, where users interact the most by sharing, leaving longer comments, and often immediately reacting to the post,” Cassaundra Kalba, senior publicist at Society22 PR, told us. “This mechanism can contribute to a mob mentality.”

It happens a lot and a ConsumerAffairs review of Internet estimates about canceled celebrities suggests the extraordinary size of the financial damage that can be done to whoever is being held accountable.

Most recently, actor Danny Masterson was roasted on social media after being convicted of rape. Musician R Kelly experienced a similar fate after being convicted of sexual abuse. Both reportedly saw their net worth decline.

Actor Kevin Spacey was recently acquitted of sex abuse charges in the U.K. But already, over the previous six years, the online reaction had cost him his reputation and tens of millions in net worth, according to The Things, an entertainment industry publication.

But some celebrities have been canceled for a lot less than criminal activity. Will and Jada Smith suffered a public relations disaster after Will Smith’s infamous slap of Chris Rock at the 2022 Oscars but it didn’t seem to affect their pocketbook.

James Corden was publicly shamed after he allegedly yelled at the wait staff at a New York City restaurant. Armie Hammer found himself on the defensive in January 2021 after an anonymous Instagram account shared messages allegedly sent by Hammer, detailing conversations with women about sexual fetishes.

Anti-Semitic comments were costly to musician Kanye West in 2022. He has been dropped by everyone from his lawyer and agent to lucrative endorsement partners like Adidas.

Olivia Wilde came under a barrage of online criticism for the way she handled staffing issues during the production of “Don’t Worry Darling.”

Below is a chart of recently canceled celebrities and the estimate published on various websites, from Celebritynetworth to Yahoo, of what it has cost them. 

According to the chart, Elon Musk has seen the largest decline in net worth after he acquired and made changes at Twitter, changing the name to X. Comedian Dave Chappell, meanwhile, actually saw his net worth increase after being called out for including LGBTQ jokes in his routine.

Michael says cancel culture probably wouldn’t exist without social media. Kalba, the Society22 PR professional, agrees.

"The psychology behind social media interactions fuels cancel culture,” Kalba told us. “Users pile on the condemnation without fully understanding the situation at hand because doing so provides a sense of belonging and moral validation in a large, faceless virtual crowd.”

While holding individuals accountable is important, Kalba says, the rush to judgment seen in cancel culture raises important questions about fairness. 

“As we navigate this era, it is crucial to find a balance where mistakes are called and confronted, but there's also space for dialogue, growth and forgiveness by the public," she said.

“If enough people on social media agree to ‘cancel’ you, then it doesn't matter how big your platform is, your livelihood will be affected.”So says soc...

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Spotify is adding audiobooks for Premium subscribers

Spotify is making a play for audiobook fans, adding 150,000 titles to its premium level of service that will be available at no extra charge. The addition is rolling out first in the UK and Australia and will be available in the U.S. before the end of the year.

As a start, Spotify is offering each Premium individual, as well as plan managers for Family and Duo accounts, 15 hours of listening per month. They can listen to as many titles as they want, skipping from one to another, as long as the only listen to 15 hours per month.

At a press event in New York, Spotify founder and CEO Daniel Ek made no secret that the move is a direct challenge to Amazon subsidiary Audible.

“Audiobooks today have one big dominating player,” Ek said. “And just like in music and podcasting, we believe that many more consumers want to consume audiobooks and want to listen to audiobooks.”

Spotify Premium plans start at $10.99 a month. Audible Premium Plus includes a 30-day free trial, then charges $14.95 a month. In addition to audiobooks, podcasts, and other audio features, Audible Premium Plus members can download one audiobook a month to keep.

One-stop listening

“We believe that offering personalized music, podcasts, and audiobooks on a single platform gives you a superior way to connect with your favorite artists, podcasters, creators, and authors—all in one spot,” the company said in its announcement. “Not only can you listen to some of your favorite authors’ works, but you can also tune into podcasts where fans dissect the most minor details of a story and find the hidden meaning in every sentence, without leaving the app. 

Spotify got into the audiobook business in a big way a year ago when it purchased audiobook distributor Findaway. Audiobooks make up only 7% of the total book market but the segment is growing, notching about 20% growth year-over-year.

Spotify is making a play for audiobook fans, adding 150,000 titles to its premium level of service that will be available at no extra charge. The addition...

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Streaming services are dealing like crazy

That $100-off NFL Sunday Ticket and NFL+ deals we told you about recently? Looks like those were just the beginning.

A number of tech sources say the floodgates have opened and now everyone from Apple to YouTubeTV are rolling out their own red carpet deals trying to lock consumers in for the fall when new movies and shows typically pop up like crazy.

“Back in the old days of cable, keeping your TV bill in check required routine calls to customer service, followed by desperate pleas for a lower rate and/or threats to cancel your service,” CordCutterWeekly’s Jared Newman, says.

“With streaming TV, things work a bit differently. While you can’t call up Netflix or HBO to ask for a lower price, you can often snag discounts on streaming services if you know where to look.”

Streaming service deals

Newman’s latest A-Z list of hard-to-beat deals (as of August 25, 2023) includes the following and lists detailed instructions on his site:

Apple TV: Get three months for free from Best Buy or Target, or two months direct from Apple. New subscribers only, but with Apple’s Family Sharing, multiple family members can redeem these offers and share with the rest of the group.

Bally Sports+: Save $5 per month in select markets.

DirecTV Stream: $10 off your first three months.

NFL Sunday Ticket: In addition to the $100-off Fanduel deal ConsumerAffairs already reported, football fans can get the service for $50 off through YouTube, plus four months of Max for YouTube TV subscribers. 

Paramount+: One month free (including Premium) with promo code BILLIONS, BIGBROTHER25, or THECHI. New and returning subscribers only.

Peacock: Save $3.50 per month on Premium (with or without ads) with code NTSEL3HMWTDP54N.

Sling TV: Get half off your first month, or get five months of Orange+Blue+Sports Extra for $274. New subscribers only.

Starz: Get three months of Starz for $3 per month.

YouTube TV: First three months for $65 per month. (Reg. $73 per month.) Frontier and WOW internet customers can save $10 per month for a year. New subscribers only.

Newman suggests that if you can’t take advantage of a “new subscribers only” deal because you signed up with the company earlier, consider using a masked or secondary email address to sign up again.

“You can also set up a limited-use credit card so you don’t get auto-billed at regular price after the promo period,’ he said.

Mashable is also all over the dealscape and particularly excited about Paramount+’s deal because the service is home to all of the favorite classic MTV and Nickelodeon faves, not to mention a load of live sports via CBS Sports. Paramount+ also has the new’ish Scream VI, and recent seasons of RuPaul's Drag Race. 

Its “best deals” list – again, as of Aug 22, 2023– includes these:

Disney+: Disney+, Hulu, and ESPN+ (with ads) — $12.99/month (save $12.98/month); and Disney+, Hulu, and ESPN+ (no ads) — $19.99/month (save $15.98/month).

Max: The streaming service formerly known as HBO Max is loaded with deals: 

  • Max (with ads) — $99.99/year (save $1.66/month).

  • Max (no ads) — $149.99/year (save $3.50/month).

  • Max Ultimate (no ads) — $199.99/year (save $3.33/month).

  • Try it with a seven-day free trial with Amazon Prime.

Netflix: Netflix also has a couple of partnership deals going, such as:

  • Verizon customers can get a year of Netflix for free when they buy MasterClass or Duolingo through Verizon play+.

  • T-Mobile customers with Go5G and Go5G Plus plans can save between $9.99 and $15.49/month on Netflix Basic or Standard.

No 'deals,' but there are also 'free trials'

The Mashable folks say there are several services that aren’t offering deals, per se, but that they do offer some decent free trials, especially if someone wants to binge on a program they’ve been dying to watch.

Those are:

Amazon Prime Video: No current subscription deals, but try it with a 30-day free trial.

AMC+: No current deals, but try it with a seven-day free trial.

FuboTV: Interested consumers can test out the service with a seven-day free trial or skip the trial to get 20% off. And new subscribers get 30 days free of FuboTV Pro if you're a My Best Buy Plus or Total member (save $74.99).

Philo: No current standalone deals, but try it with a seven-day free trial.

Showtime: No current standalone deals, but try it free for 30 days with Paramount+ using code NEWHOME.

That $100-off NFL Sunday Ticket and NFL+ deals we told you about recently? Looks like those were just the beginning.A number of tech sources say the fl...

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The economy seems to be doing fine. Maybe we should thank Taylor Swift.

At the beginning of the year, many economists expected the U.S. to be in a recession by now. The fact that we aren’t can probably be attributed to a still strong labor market and growing corporate earnings.

But a 33-year-old singer could have something to do with it as well. Taylor Swift’s Eras tour has been crisscrossing the U.S. for months as she has performed in sold-out stadiums. Her legions of dedicated fans sometimes travel great distances to attend her performances, filling hotels and restaurants, sometimes days before and after the concerts.

After Swift performed in Philadelphia, the Federal Reserve Bank of Philadelphia acknowledged her impact.

“Despite the slowing recovery in tourism in the region overall, one contact highlighted that May was the strongest month for hotel revenue in Philadelphia since the onset of the pandemic, in large part due to an influx of guests for the Taylor Swift concerts in the city,” the bank noted in the Fed’s “Beige Book” report.

After Swift performed three sold-out concerts in Chicago in June, the tourism marketing organization Choose Chicago reported hotels in the city saw record occupancy and revenue during that period.

Hotels are jumping on the bandwagon

Businesses in cities where Swift is scheduled to appear now eagerly anticipate her arrival, along with the throng of her fans, all eager to spend money. In late July, as Swift headed for Santa Clara, Calif., local hotels took full advantage. 

Some hotels, booked to capacity with “Swifties,” arranged tailgate parties before the concert at Levi Stadium. Tourism officials were ecstatic.

"The Taylor Swift effect, it's even bigger than I anticipated," Christine Lawson, CEO of Discover Santa Clara, told KTVU-TV.

Lawson said that hotel occupancy in Santa Clara was at nearly 100% the week of the concert, at a time when rooms normally go begging. 

Boosting a normally slow period

"July and the weekends, in particular, are slow in Santa Clara,” she said. “They’re not our peak times of the year. So this has a great financial impact for us, from an economic standpoint, just to have the hotels full. Everyone will be going to the restaurants." 

It’s estimated that by the time the Eras tour ends, including its international stops, it will have raked in $1 billion. But the multiplier effect of her fans’ spending is even greater, as not only hotels and restaurants benefit, but also bartenders, hairstylists, and Uber drivers. One tourism official compared the concerts’ effect on cities to hosting a Super Bowl.

In late July the U.S. government reported that the economy grew by 2.4% in the second quarter, a much higher rate than expected. 

At the beginning of the year, many economists expected the U.S. to be in a recession by now. The fact that we aren’t can probably be attributed to a still...

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Tired of watching the same old same old on the streaming services? There are ways around that.

Photo (c) J Galione - Getty Images

Streaming video services continue to move closer to – dare we say it – the old days of cable. After seeing its peers test the waters of ad-supported streaming, Amazon is reportedly dipping its toe in that water, too.

And with the proliferation of free ad-supported (FAST) networks, video consumers can find almost anything they want for free, especially “classic” content – such as old movies and TV shows.

But new research shows that many of the streaming services are loaded with old content and fewer non-original shows, and it’s starting to make consumers rethink why they’re spending an average of $48 a month on streaming when it’s not as special as it used to be.

New research from All About Cookies shows that what consumers really want is a 60/40 mix – new (to them) content 60% of the time they use a streaming platform, and rewatching content the other 40% of the time. That data begs the question where can someone find all the new content they crave without wasting money on being fed too much old stuff? 

Well, it’s not Hulu or Disney+, that’s for sure. Among the top 25 titles on each service, Disney+ is the platform with the oldest movies on average (10 years). Hulu has the oldest shows on average (10 years) among its most watched and is also the platform with the fewest original shows (4).

If it’s new content you want, then…

Knowing which type of viewer you are may make a difference in where you choose to spend $10-20/month. Someone who wants to get their fill of The Sopranos or South Park is better off at HBO, but if you’re constantly on the prowl for new, original content, the researchers said that Netflix or Prime are probably the best bets. 

“Some platforms are intentionally pushing out new content like crazy, vs. paying for old content,” Derick Migliacci, leader of the All About Cookies team, told ConsumerAffairs, citing Amazon Prime as a good example with their originals making up the majority of their most-streamed. “With more networks launching their own platforms, this is only going to get more segmented and consumers are going to either need to pay way more or need to pick and choose more carefully – a more well-rounded platform may be a better long-term selection for the price.”

You ask how to find all the new stuff without wading through screen after screen of content the service is pushing. As far as Netflix is concerned, MUO (Making Use Of) says there are five ways to do that: skipping the home page and going directly to the “new” section; using the Netflix mobile and TV app; following Netflix on social media; use the website “What’sOnNetflix”; and track Netflix shows using Reelgood.

All About Cookies also recommended sites like justwatch.com that can tell you where any title is streaming at any given time. Or, to get a sense of what’s on each platform in general, sites like Flixpatrol will tell you the most watched titles across different time periods, including what’s hot right now. 

Photo (c) J Galione - Getty ImagesStreaming video services continue to move closer to – dare we say it – the old days of cable. After seeing its peers...

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ESPN will reportedly become a stand-alone streaming channel

True sports fans might subscribe to cable TV simply to get ESPN programming. But what if it were available as a streaming option?

In an exclusive report, the Wall Street Journal says that’s about to happen. Quoting people “familiar with the matter,” the Journal reports the Disney-owned channel is laying the groundwork to offer its “flagship” channel to viewers as a streaming subscription. 

The network also owns other sports channels, including ESPN 2. It’s not immediately clear if any of those other channels would be included.

If you are a current cable TV subscriber it doesn’t mean ESPN would disappear from your package. The Journal says the company would continue to offer ESPN to cable companies that want to continue carrying it.

What it means for sports fans, however, is that they would not be required to pay for cable TV if all they wanted was sports programming provided by ESPN. The content would be available through any smart TV with a subscription.

According to the Journal, there is no timeline for implementing this change. But the sources cited by the Journal said the move from an exclusive cable-TV platform to the internet was “inevitable.”

ESPN’s current subscription offering is limited to ESPN+, which debuted in 2018. It’s a streaming service with some live programming that includes some golf, Major League Baseball, hockey and scripted and unscripted programming.

True sports fans might subscribe to cable TV simply to get ESPN programming. But what if it were available as a streaming option?In an exclusive report...

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Goodbye HBO, hello Max

HBO Max is trimming off its old branding deadwood and relaunching as just plain ‘ol “Max.” Starting May 23, the streaming service will roll out an updated app alongside its updated name, and one that includes a sizable bonus – the full Discovery+ catalog.

HBO has a strong resume when it comes to delivering unique and critically acclaimed content. However, Dan Goman, CEO & founder of Ateliere, told ConsumerAffairs that its 30-year history also comes with some negative perceptions.

For some viewers, HBO is nearly synonymous with adult-themed shows/programming – “which can be a problem if you are trying to reach a very broad audience that cuts across age groups, demographics, etc.” The Discovery library, he says, addresses that.

Will the price go up, too?

Good news: HBO’s change does not affect prices. Base prices will remain steady at $10 a month with ads and $16 without ads. However, if you’re a 4K HDR aficionado, you’ll have to pay $20 a month for the “Ultimate” plan which also includes four simultaneous streams. Existing subscribers are lucky because they’ll get six months of Ultimate for free.

Max’s new plan for new subscribers breaks down like this: 

  • Max Ad-Lite: $9.99 a month or $99.99 a year (16% savings); is ad-supported; and subscribers can stream in full HD on two devices at the same time.

  • Max Ad Free: $15.99 a month or $149.99 a year (over 20% savings); comes with no ads;  and subscribers can stream in full HD on two devices simultaneously plus do as many as 30 offline downloads.

  • Max Ultimate Ad Free: $19.99 a month or $199.99 a year (over 16% savings); no ads; and users can stream in 4K UHD on four devices simultaneously, plus download up to 100 shows offline. 

Goman thinks Max’s pricing is right in the pocket.

“I don’t believe the product will be an issue for consumers,” he said, adding that he really likes the fact that consumers are getting several options on prices and are not forced to take-or-leave-it pricing.

“I believe they’re thinking about pricing in the right way - in that they are offering multiple options, including an ‘Ad Lite’ version that’s $9.99 per month, which is certainly in the range in terms of the consumer's perceived value, which a recent study indicated is somewhere in the $7.50 per month."

As far as what subscribers will get, ConsumerAffairs found a lot of worthwhile stuff in the come-hither content of the “Ultimate” tier. On top of the 4K quality, there’ll be full libraries of “Harry Potter,” “Game of Thrones,” “The Last of Us,” “The Lord of the Rings,” “The Dark Knight Trilogy” and more. Also included are 4K UHD versions of all Warner Bros. movies released this year and in the future.

Max won’t just be a TV-only thing, either. Subscribers can access it online at Max.com, on phones, tablets, streaming players, and game consoles. 

HBO Max is trimming off its old branding deadwood and relaunching as just plain ‘ol “Max.” Starting May 23, the streaming service will roll out an updated...

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GoogleTV adds 800+ channels and goes on in all 'free' content

Google has announced that it’s jumping in with both feet on “Free Ad-supported Streaming” (FAST). Effective immediately, it’s layered in 800-plus channels on its GoogleTV service,  a smart TV operating system that runs on television sets, digital media players, soundbars, and set-top boxes.

Until now, its content depended on aggregating an estimated 50 better-known brands such as A&E, Comedy Channel, FoxNow, Disney+, and Peacock.

Now joining the lineup will be free live-linear channels such as Tubi, Plex, three channels devoted to nothing but “CSI,” classic movie channels, a “90201” channel, Hindi/Spanish/Japanese channels, Hallmark movies, and various national and local news channels among the 800 additional choices. 

“From breaking news to blockbuster movies and everything in between, there's something for everyone. And with no subscriptions or fees, it's never been easier to jump in and start watching,” Google’s Nick Staubach said.

Everything will be available via the new “Live” tab and scrolling down a cable line-up. Plus, to make it as hassle-free as possible, there are no downloads or app installations necessary. The Live tab can be found on any TV that has Chromecast pre-loaded, which includes Google TV devices and ones that it powers like TCL, Phillips, TCL, and Sony.

What this could mean to Roku

In its announcement, Google said it now has "more free TV channels in one place than any other smart TV platform." That's a shot across the bow of Roku for sure, and since Google is the proverbial elephant in a lot of rooms, not to mention having had a spat with Roku before, this could put Roku in a tough spot.

Maybe we should’ve said a “tougher spot.” A recent report by S&P Market Intelligence found that Google's Android TV, and its offspring, Google TV, are tightening up any gap with Roku's dominance in the U.S.

This high noon showdown could be interesting, but what it could really do is elevate the consumer’s choices and availability of content. As they say, stay tuned…

Google has announced that it’s jumping in with both feet on “Free Ad-supported Streaming” (FAST). Effective immediately, it’s layered in 800-plus channels...

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Shopping for summer concert tickets? Here's how not to get ripped off

Ticketing for the summer concert season is starting to turn up the volume.

With 1980s acts like Madonna and Duran Duran returning to the stage, Beyonce cashing in on her Grammy haul, and Guns ‘n Roses trying to wrap up a three-year tour, music fans are biting at the bit to be part of the scene.

Problem is, ticket prices have never been higher. When ConsumerAffairs looked at StubHub, Ticketmaster, and other ticket platforms, people were asking as much as $134 for nosebleed tickets to see Beyonce, and anyone who wants to be down front to see Springsteen is looking at a price tag of more than $450 a seat.

And that’s now – in March. As summer dates get closer, it’s a toss-up as to prices.

Artists whose tours aren’t the money machine they thought they’d be might be cutting prices and artists who are hot could see third-party sellers jacking their ticket prices way up.

There’s also the problem of trust. After Ticketmaster was called in before Congress for botching ticketing for Taylor Swift’s tour, music lovers have a right to be skeptical and concerned, especially about the new wave of “dynamic pricing.”

Until this mess gets corrected, consumers have to take care of themselves

For the moment, ticket prices aren’t coming down and those exorbitant fees aren’t walking off the stage, either. But when the main concert promoter or venue’s tickets are sold out and the only way to buy one is the secondary market, ticket buyers need to protect themselves.

ConsumerAffairs went straight to several secondary ticketing companies to get their best suggestions for a positive experience and here’s what we found. 

Don’t pay cash and never, ever buy tickets on social media!  VividSeats’ Julia Young said that doing business that way leaves a ticket buyer without any protection. “More importantly, check for Third Party Confirmation and make sure the site is a member of the National Association of Ticket Brokers (NATB),” she said.

If a site says you have to enter your credit card information to see the price of a ticket, get out of there! “If a site doesn’t want to show you either an all-in price from the start inclusive of service and other fees, or at least have a toggle to allow you to view the ticket price with estimated fees included, that’s a sign that they don’t want you to be able to comparison shop with competing marketplaces,” Sean Burns at TicketNetwork advises. “That strategy signifies they are betting on the fact that you are committed to purchasing from them by the time you see the final price, even if it’s higher than the same tickets elsewhere.”

There is no “ideal” time to buy. Brett Goldberg, co-founder and co-CEO of 11-year-old TickPick, told ConsumerAffairs that like everything else, there’s an algorithm at play in the event ticket world and there are several factors that go into the "best time" to buy. For instance, the number of tickets available, the matchup, day of week, etc. all play a factor in the price.

“If you are comfortable with the price point, then we encourage you to purchase the tickets. If you wait until the last minute then it is encouraged that you are in a location with good internet connection to ensure you receive your tickets asap if the event is quickly approaching,” he said.

Goldberg also suggests trying to look on both a ticket seller’s website and its app because sometimes the percentage of service fees can differ on the same marketplace depending on which one you’re on.

Read reviews. Not all ticket buyers have the same experiences with ticket sellers. At ConsumerAffairs, some sellers get 5-star reviews, some get 1-star. If you’re considering using a certain company, it would be smart to see what other consumers think of them. If there’s a consistent problem with customer service, then you may be better off somewhere else. 

Ticketing for the summer concert season is starting to turn up the volume.With 1980s acts like Madonna and Duran Duran returning to the stage, Beyonce...

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Romance novels promise to heat up Valentine’s Day

Photo (c) Phaungphet Kweanthong Eye/Em - Getty Images

Publishers of romance novels no doubt saw rising sales as Valentine’s day approached. The genre is growing in popularity as a new generation of readers and audiobook listeners has embraced the stories of passion and romance.

NPR recently reported that members of the Book $!u+z Romance Book Club in Baltimore drew more than 20 enthusiastic members to its first in-person meeting since the pandemic. At the first meeting in 2019, only two people showed up.

Andi Arndt, an award-winning audiobook narrator, has brought to life more than 600 books over her career – approximately 400 of them romance novels. She is a top-selling narrator of contemporary romance as well as popular non-fiction and fiction books, such as Notorious RBG by Irin Carmon and Shana Knizhnik, and The Hazards of Time Travel by Joyce Carol Oates.

“Romance readers and listeners are not just reading by themselves, they’re participants in a very vibrant community that covers historical romance, things like paranormal romance, contemporary romance, and many other subgenres,” Arndt told ConsumerAffairs. Subgenres can cover lots of bases, from motorcycle club romance to military romance. 

Currently, romance books account for about 23% of book publishing activity in the U.S. Arndt says the fan base is highly committed, with many of her listeners telling her they read or listen to a book a day.

An escape

So, what’s the appeal? Maybe, with all the fear and uncertainty that seems to grip modern life, a good romance novel is a much-appreciated escape.

“Romance listeners say over and over they like knowing that everything is going to turn out okay, you’re going to get the happily ever after,” Arndt said. “Technically, a book cannot be a romance if it doesn’t have a happily ever after or a happy for now at the end. You know, whatever may be going on in people’s lives, if they have a lot of stress and a lot of worries, they know that when they dive into a romance, in the book at least, everything’s going to be okay.”

When Arndt attends public events she gets lots of feedback from her listeners who tell her they love the stories and the characters in their favorite books.

“With audiobooks, they feel like they know you, which is interesting because they’ve spent so much time with you in their ear,” she said.

Audiobooks have grown in popularity because “readers” can consume them while doing other things, such as driving or taking a walk. According to Audible, the current top-selling romance novel is “It Ends With Us,” by Colleen Hoover and read by Olivia Song.

Photo (c) Phaungphet Kweanthong Eye/Em - Getty ImagesPublishers of romance novels no doubt saw rising sales as Valentine’s day approached. The genre is...

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YouTube TV plans to show off what it can do with pro football starting with this weekend’s Super Bowl

Football fans will have more bells and whistles thrown at them for the upcoming Super Bowl than they’ve ever had before – if they’re NFL Sunday Ticket subscribers and if they spend a good amount of their Super Bowl LVII viewing on YouTube TV.

Until now, NFL Sunday Ticket has been living on DirecTV, but starting this Fall Google-owned YouTubeTV will take over and the streaming services think it’s a perfect time to promote the digital enhancements fans will get when the shift takes place.

“We think there are a lot of great opportunities to differentiate the user and creator experience with our unique capabilities,” Google Chief Business Officer Philipp Schindler told market analysts during a recent earnings call. “Every YouTube viewer who’s interested in the NFL can now have one-click access to the full offering of Sunday Ticket. This will be the first time that Sunday Ticket is available à la carte for fans.”

Google seems determined to make sure its $2 billion annual investment will pay off, too. Schindler hinted that viewers will get a host of features like chatting, commenting, and picture-in-picture functionality.

It’s not free, but the “free trial” angle could work for you

Mind you, all these bells and whistles aren’t a free thing. YouTube TV costs $65 per month – but if you want to play the “free trial offer” angle, you can watch for free, then decide if you want to stick with the plan that offers the first three months for only $55 per.

If you do sign up, you’ll be able to watch YouTube TV’s Super Bowl anywhere – on your desktop or laptop computer’s web browser or phone or tablet apps as well as apps on Apple TV, Samsung and LG smart TVs, Google Chromecast, and gaming consoles for Xbox and PS4/PS5.

Football fans will have more bells and whistles thrown at them for the upcoming Super Bowl than they’ve ever had before – if they’re NFL Sunday Ticket subs...

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HBO Max is now available on Amazon Prime Video

For those looking to simplify their streaming services, the latest news from Prime Video and HBO Max is certainly going to be exciting. 

Amazon has announced that HBO Max will once again be available through Prime Video. After the two streamers took a hiatus in 2021, the companies have worked together to provide a simpler streaming experience for customers. 

Currently, Prime subscribers can purchase the ad-free version of HBO Max for $14.99 per month. This comes with access to 15,000 hours of movies, TV shows, documentaries, and docu-series that are exclusive to HBO Max. 

For current Prime subscribers, having the Prime Video app will grant you access to content from HBO Max – no additional downloads or apps are necessary. While the subscription costs extra, it can be canceled at any time. 

“We strive to offer customers the best and widest selection of premium content available for their everyday viewing experience,” said Cem Sibay, vice president of Prime Video. “It’s been a truly milestone year for Prime Video, and we are humbled by the viewer engagement and critics’ response to our marquee releases. Now with the addition of HBO Max again, customers can easily add this subscription and enjoy even more award-winning and fan-favorite entertainment on Prime Video.” 

“Our common goal is to delight customers with great content and continue to collaborate so we can best serve our subscribers,” said J.B. Perrette, CEO and president of global streaming and games at Warner Bros. 

Prime is expanding its reach

In addition to HBO Max, Prime Video expanded this year to include Thursday Night Football. The partnership between Amazon and the NFL has been so successful that the groups announced the first ever Black Friday game to be streamed on Prime Video in 2023. 

At the five-week mark of the season, Thursday Night Football games were averaging 11 million viewers each week on Prime Video. This was up nearly 50% from the 2021 season – prior to the agreement between Amazon and the NFL. 

For those looking to simplify their streaming services, the latest news from Prime Video and HBO Max is certainly going to be exciting. Amazon has anno...

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Disney+ subscription price will soon rise to $10.99 per month

Consumers who enjoy Disney+ will soon have to pay a little more for the service.

In the company's Q2 earnings call, CEO Bob Chapek said Disney+ added 14.4 million new subscribers in the second quarter – a performance he called “excellent.” Now sitting pretty with more than 220 million subscribers on its books, the company has decided that Disney Plus Premium is worth another $3 per month.

Come December, subscribers will have to pony up $10.99 per month to keep using the premium version of the service. However, those who don't want to pay that much will have access to a new ad-supported tier that will be priced at $7.99 per month.

“With our new ad-supported Disney+ offering and an expanded lineup of plans across our entire streaming portfolio, we will be providing greater consumer choice at a variety of price points to cater to the diverse needs of our viewers and appeal to an even broader audience,” said Kareem Daniel, Chairman, Disney Media & Entertainment Distribution.

ConsumerAffairs found that Disney+ fans can still get a deal on their subscription if they're willing to pay for a year upfront. Those who go that route will pay $109.99 for their year of service as opposed to $131.88 if they paid a monthly rate.

What Disney+ plans to offer for the extra cost

While some might think that Disney+ is primarily aimed at children, Disney officials say that isn't the case. They point out that almost half of Disney+ subscribers are adults without kids.

With its ownership of ABC, ESPN, FX, Hulu, and National Geographic, the company has a lot of content to pick from. In fact, it claims that, collectively, it has access to 100,000 movie titles, TV episodes, original shows, sports, and live events.

Chapek said Disney+ also has more than 500 local original titles in various stages of development and production in the pipeline, and 180 of those titles are slated to premiere this fiscal year.

Consumers who enjoy Disney+ will soon have to pay a little more for the service.In the company's Q2 earnings call, CEO Bob Chapek said Disney+ added 14...

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New NFL+ streaming app is now available for football lovers

Football fans who want to catch every moment of pro football action this season are getting their wish. The National Football League (NFL) announced that the league’s new exclusive video streaming subscription service – NFL+ – is now available everywhere.

NFL+ subscribers can access live out-of-market preseason games, live local and primetime regular season games, postseason games, live local and national audio for every game, NFL Network shows on-demand, NFL Films archives, and other football content on their phones, tablets, and other devices that can stream audio and video.

"Today marks an important day in the history of the National Football League with the launch of NFL+," said NFL Commissioner Roger Goodell. "The passionate and dedicated football fans are the lifeblood of the NFL, and being able to reach and interact with them across multiple platforms is incredibly important to us.”

What NFL+ offers

The league said NFL+ marks the next evolution of the NFL's direct-to-consumer offering, building upon what the league developed with NFL Game Pass back in 2003.

To its credit, the NFL has made the service very affordable as far as subscriptions go. NFL+ is available in the NFL App across all app stores for $4.99/month or $39.99/year. If fans want extra, more granular content like full and condensed game replays, they can upgrade to NFL+ Premium for $9.99/month or $79.99/year. Premium subscribers will also get the new All-22 Coaches film add-on -- a new twist that allows viewers to gain a view of the game from above of the game that shows what all 22 players are doing on any given play. 

The only thing missing on NFL+ is that it won’t initially include exclusive regular-season games. Companies like Amazon own the rights to some NFL games for the next 7 to 11 years. However, that could change depending on how viewership habits develop.

“It’s another option we’ll consider with all of our other options,” Hans Schroeder, executive vice president and chief operating officer of NFL Media, said. “We are really excited about where NFL+ can go. As quickly as media and the sports distribution business continues to change and evolve, there are lots of different factors.”

NFL Sunday Ticket isn’t going away

The two million subscribers to NFL Sunday Ticket don’t have to sweat losing that subscription – at least not for a while. However, how they access that subscription may change in the short term.

DirecTV’s rights to the service have ended, and the NFL wants the next buyer of the service to pay more than $2 billion for it. The league is reportedly reviewing pitches from Apple, Amazon, and Disney to take over the service next. 

Football fans who want to catch every moment of pro football action this season are getting their wish. The National Football League (NFL) announced that t...

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HBO and HBO Max gain 13 million subscribers in 2021

In the world of streaming, all the clamor lately has been on Netflix’s fall from grace. But where did all those eyeballs that Netflix lost go? Disney+ certainly got its fair share, but the old dog in the game – HBO – added 13 million subscribers in 2021 between its main service and HBO Max, growing its revenue stream to $7.7 billion in subscription revenue.

Added together, HBO and HBO Max have a combined 76.8 million subscribers worldwide. Admittedly, that’s a far cry from Netflix’s 221.64 million subscribers or Disney+’ 129.8 million, but parent company AT&T was gleeful about how HBO is performing. Company officials stated in a recent earnings report that the growth was driven by both international and domestic retail subscriber gains.

What makes HBO so attractive?

While Netflix and Amazon Prime have tried to expand their content libraries, HBO concentrated more on original programming, first-run exclusives, made-for-cable movies, and documentaries. Along the way, it kept its competitors’ hands off of content from Universal Pictures and 20th Century Studios, Sesame Street, and Wimbledon. Now that Warner Bros. and Discovery are part of the family, HBO has everything from Elmo to Wonder Woman all to itself.

“The first thing to know about HBO Max is that it has everything on HBO,'' CNET reported in a comparative review of Netflix and HBO Max. “Max also has exclusive originals that "normal" HBO  subscribers won't be able to watch.” 

“In general, HBO Max is ramping up its new originals, and we expect that to increase over time. Though its 8.0 rating is neck-and-neck with Prime Video, HBO Max consistently drops new releases, possesses a large back catalog and offers smooth, user-friendly features,” Rayome and Jackson said.

In the world of streaming, all the clamor lately has been on Netflix’s fall from grace. But where did all those eyeballs that Netflix lost go? Disney+ cert...

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YouTubeTV and Disney come to terms on a streaming agreement

Google’s YouTube is ending 2021 on a high note – and with more for its subscribers. After reaching a deal to keep YouTube on Roku’s streaming platform, Disney and Google came to terms on Sunday to distribute Disney’s various channels on subscriber-based YouTube TV.

"We appreciate Google's (GOOGL) collaboration to reach fair terms that are consistent with the market, and we're thrilled that our robust lineup of live sports and news plus kids, family and general entertainment programming is in the process of being restored to YouTube TV subscribers across the country," Disney said in a statement Sunday.

The two sides failed on their original attempt to find a deal on Friday. Google decided to play hardball by dropping Disney-owned channels such as ESPN and ABC from its platform. It even decided to offer subscribers a $15 discount while Disney programming was sitting on the sidelines. 

The gambit worked, Disney returned to the negotiating table, and YouTube TV started restoring access to Disney-owned channels – including FX, National Geographic, the ACC and SEC sports networks, and local TV stations that carried Disney’s ABC-TV network.

Unhappy YouTubeTV users will get $15 back

YouTubeTV said it will stand behind the $15 discount it promised to subscribers who were impacted by Disney’s content missing in action from YouTubeTV. 

“For active members who have not yet received that $15 discount on their monthly bill, you will automatically receive a one-time credit on your next bill with no action needed,” YouTubeTV said in a blog post. 

“For members who were impacted and have initiated the cancellation process, we would love to welcome you back. Visit tv.youtube.com/membership and click ‘Add’ to return the Base Plan to your membership. If you resume your membership before you lose access, we will still honor the one-time $15 credit on your bill. We’ll update this website soon with more details.”

Rate hikes may be coming

Cord-Cutter Confidential’s Jerad Newman told ConsumerAffairs that he was surprised the blackout happened in the first place, but he wasn’t surprised that the companies resolved their differences quickly. 

“The only question now is whether the new deal will result in more price hikes to come,” he said.

Newman stated that when streaming companies like Disney and YouTubeTV square off, it often comes down to how much subscribers are forced to pay to get those services.

“Just like on the cable and satellite side, TV networks are constantly pushing for higher carriage fees, while providers such as YouTube TV want to keep prices down to avoid driving customers away,” Newman wrote in a blog post

Even if YouTubeTV got what it wanted, Newman said Disney still holds the cards on what piece of the action it wants for itself. Although YouTubeTV hasn’t raised its rates for more than a year, it’s possible that prices may go up now that it’s added the Hallmark channels and presumably agreed to pay something extra to keep Disney in its line-up.

“Given that Disney’s bundle channels are the most expensive on cable, it’s hard to see YouTube TV’s costs going anywhere but up in the end,” he said.

Google’s YouTube is ending 2021 on a high note – and with more for its subscribers. After reaching a deal to keep YouTube on Roku’s streaming platform, Dis...

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Hulu to raise its prices again in October

Love Hulu? Enough to pay another dollar a month? The streaming service hasn’t made a big to-do about it, but beginning October 8, its monthly rate will go up by $1 a month.

That means Hulu’s ad-supported service will shoot up to $6.99 a month, and its ad-free service will increase to $12.99 a month. The price for the Hulu live TV plan and the Disney bundle — which includes Disney+, Hulu with ads and ESPN+ — will stay put at $13.99 a month, most likely because that rate was adjusted (by 18%) in November of 2020.

No thanks to Disney

The streaming service subscription game tends to be follow-the-leader. If Netflix — the master of inching up rates — can raise its prices without suffering a mass exodus of its subscribers, others are likely to follow suit. But Hulu took a gamble in 2019 by lowering its ad-supported tier from $7.99 to $5.99 a month in an effort to counteract Netflix’s price increase that year. 

Things changed after Disney bought a major stake in Hulu, and prices have continued to increase little by little since — not only for Hulu but for Disney's other streaming investments.

Earlier this year, Disney raised the cost of Disney+ by $1 a month, moving the monthly price to $7.99. Then, in July, it raised the price of ESPN+ to $6.99 a month.

When will this end? “Given that this is the first price increase for Hulu since their price lowering, we’re hoping it doesn’t raise any further,” commented Dana E. Neuts at Subscription Insider. “However, with more and more people cutting cords with their cable companies, Hulu and Disney are hoping to cash in on that extra dollar per month.”

To the contrary, Jared Newman of Cord Cutter Weekly thinks the hand Disney is playing is both smart for them and good for the consumer.

"Thankfully, Disney is an outlier, running Disney+, Hulu, and ESPN+ as separate services serving different needs while giving users who want all three a means of getting them at a discount," Newman said.

"That means cord cutters can subscribe to just the ones they want, and Disney can bring more expensive sports coverage to ESPN+ without destroying the value of its other offerings. Those who argue that we have too many streaming services fail to realize that the alternative would be even worse."

Hulu subscribers raise service issues

A dollar a month is not likely to kill Hulu’s subscriber base, but the quality of service might. ConsumerAffairs reviewers have beset Hulu with 52 1-star ratings in the last year, many of which raised concerns about the quality of its streaming service.

“I can't and when I say I can't, I mean, I can't get through a show without Hulu losing connection at least 3 times. This means when I am streaming live, I usually miss about half the show as I have to login again every time which takes forever!” wrote Angela of Texas, commenting on her technical woes with Hulu.

”I have contacted Hulu several times and they have me reboot and clear out the cookies every time which does nothing. To add insult to injury, they recently went up $15 per month on their pricing and are the most expensive app I have, and I can't even watch it most the time.”

Several reviewers beefed about the company's customer service. “Signed up with Verizon free Hulu/Disney/ESPN+ I received all 3. No charges from ESPN or Disney. Hulu is the only company who continues to charge my bank account,” wrote William of North Carolina. 

“I am paying my upgraded Verizon phone bill, I am owed Hulu for free in the contract. Hulu claims I cannot use my email address. They are unable to change anything. The fix Hulu offered was to change my email I’ve used for 20 years and cancel the Disney/ESPN/Hulu from Verizon and start all new with a new account. Hulu, you aren’t that special … canceled the service but I still pay.”

Love Hulu? Enough to pay another dollar a month? The streaming service hasn’t made a big to-do about it, but beginning October 8, its monthly rate will go...

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Amazon to give Music Unlimited subscribers up to six months of free Disney+

Amazon announced Monday that Amazon Music Unlimited customers in the U.S. and Canada can get up to six months of free Disney+. 

Existing subscribers to Amazon’s ad-free music streaming service can get three months of Disney’s streaming service, while new Amazon Music Unlimited subscribers can activate six months of Disney Plus. Current subscribers to Disney+ aren’t eligible for Amazon’s “Disney+ on Us” promotion.

“Amazon Music customers will now be able to watch films like Disney and Pixar's Luca and Marvel Studios' new series Loki,” the company said in an announcement. “In the coming months, Disney+ will be launching additional new series, including Monsters at Work (July 7th) and Turner & Hooch (July 21st).” 

Disney is releasing new titles on the service every week. The company has said that users can expect 100 new titles from Marvel, Star Wars, and National Geographic to be added to Disney Plus each year. 

Eligible customers can redeem the promo or and sign up for an Amazon Music Unlimited subscription here. 

Amazon’s music streaming service has a catalog of approximately 75 million songs and podcasts. The service is priced at $8 a month for Prime members or $10 per month for non-Prime members. Alternatively, subscribers can pay $80 for the whole year. 

Amazon announced Monday that Amazon Music Unlimited customers in the U.S. and Canada can get up to six months of free Disney+. Existing subscribers to...

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Amazon buys MGM’s library to bolster its streaming services

In the race to have the largest library of streaming content on the planet, Amazon has just pulled into the lead by buying Metro Goldwyn Mayer’s (MGM) immense library of over 4,000 beloved films and 17,000 TV shows. 

With the stroke of a pen on a check for $8.45 billion, Amazon now owns movie classics like12 Angry Men and The Pink Panther, favorites like Rocky and Silence of the Lambs, the rights to upcoming films like House of Gucci starring Lady Gaga and the new James Bond flick “No Time to Die”, and TV series like The Handmaid’s Tale and Fargo.

“The real financial value behind this deal is the treasure trove of IP in the deep catalog that we plan to reimagine and develop together with MGM’s talented team. It’s very exciting and provides so many opportunities for high-quality storytelling,” said Mike Hopkins, Senior Vice President of Prime Video and Amazon Studios. 

Kevin Ulrich, Chairman of the Board of Directors of MGM called it a historic day, adding that the “opportunity to align MGM’s storied history with Amazon is an inspiring combination.”

Streaming gets more expensive

The unexpected COVID-19 outbreak that forced people to stay at home was a boon to streaming services. As people grew fond of all they found on Hulu, Amazon Prime Video, Netflix, Disney+, and other platforms, entertainment moguls figured that consumers wanted more.

There’s certainly lots of money to be had in streaming services. A recent study from ResearchNester predicts that global video streaming revenue will grow from 17.5 billion in 2020 to nearly 55 billion by 2028.

And where does that revenue come from? The consumer. After adding 26 million new subscribers worldwide in the first half of the 2020 pandemic, Netflix decided that if it raised its prices a dollar or two a month, that would make its bottom line even fatter. 

On Thursday, the company raised the prices of its standard and premium plans to $13.99 (from $12.99) and $17.99 (from $15.99) per month, about the same jump in price it took in 2019. Hulu also tweaked its prices in late 2020, increasing the cost of its live streaming option from $54.99 to $64.99 per month. Google’s YouTubeTV also raised its rates from $50 per month to $65.95 per month last July. 

Maybe it’s time for an audit of all your streaming services. “These rate increases can add up over time without you noticing, as all of them rely on ‘evergreen’ automatic payments and yearly renewals via your credit card. That means if you want to cancel, you have to go out of your way to opt out of renewal,” said Lifehacker’s Mike Winters.

“The danger comes in the fact that it’s easy to overlook these increases over time, which can be substantial—just look at Hulu’s live TV plan, which has gone up by $25 per month over the last few years. That’s a lot of money if you aren’t paying attention to what you’re being charged.”

In the race to have the largest library of streaming content on the planet, Amazon has just pulled into the lead by buying Metro Goldwyn Mayer’s (MGM) imme...

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Online gambling surged during the COVID-19 pandemic, study finds

COVID-19 lockdowns over the last year have significantly impacted consumers’ behavior. Recent studies have found that more time at home during the pandemic has led to both positive and negative outcomes; some consumers have experienced personal growth during this time, while others have relied heavily on alcohol.

Now, a new study conducted by researchers from the University of Bristol found another way that consumers passed time during lockdown orders: online gambling. According to their findings, regular gamblers were much more likely to participate in online gambling while at home over the last year when compared to before the pandemic. 

“This study provides unique real-time insights into how people’s attitudes and gambling behavior changed during lockdown, when everyone was stuck inside and unable to participate in most social activities,” said researcher Alan Emond. “The findings reveal that although many forms of gambling were restricted, a minority of regular gamblers significantly increased their gambling and betting online. As with so many repercussions of the pandemic, inequalities have been exacerbated and particularly vulnerable groups were worse affected.” 

Analyzing pandemic gambling trends

The researchers first analyzed responses from the Avon Longitudinal Study of Parents and Children (ALSPAC), which started before the pandemic, and had participants answer questions about their gambling habits and other lifestyle behaviors. Based on those responses, the researchers conducted two more surveys about gambling during the pandemic, which included data on more than 2,600 adults. 

Overall, the trend was clear: participants were gambling more during the pandemic than before it. While in-person betting decreased, online betting on games like bingo or poker surged during lockdown orders. Those who were regular gamblers prior to the pandemic were more than six times as likely to increase their betting during the pandemic. 

The researchers learned that men were more likely than women to gamble, and many engaged in some form of online betting at least once per week. Financial troubles made participants more likely to engage in online gambling during lockdown orders. 

It’s also important to note that as gambling increased, alcohol consumption also increased. Heavy drinking at least once a week was linked with an increase in online gambling among all of the study participants. The researchers worry about the impact that both gambling and alcohol can have on consumers’ physical and mental well-being, especially in the wake of the COVID-19 pandemic. 

“The strong link between binge drinking and regular gambling is of particular concern, as they are both addictive behaviors, which can have serious health and social consequences,” Emond said. “With the wider availability of gambling through different online channels, vulnerable groups could get caught in a destructive cycle. A public health approach is needed to minimize gambling harms.” 

COVID-19 lockdowns over the last year have significantly impacted consumers’ behavior. Recent studies have found that more time at home during the pandemic...

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AT&T, WarnerMedia, and Discovery combine assets to become the next streaming content giant

The room at the top of the streaming world just got a little more crowded. AT&T and Discovery have announced a decision to take WarnerMedia’s premium entertainment, sports, and news assets and combine them with Discovery's nonfiction and sports businesses to create a premier, stand-alone global entertainment company.

This news may sound vaguely familiar to some. And it is. Less than three years ago, AT&T's WarnerMedia announced its intent to launch a new streaming service by late 2019. But if the key addition of Discovery doesn’t give Disney and NBC/Universal a run for their money, nothing will. The result will be a massive “pure play” content portfolio containing more than 100 brands: HBO, Warner Bros., Discovery, DC Comics, CNN, Cartoon Network, HGTV, Food Network, the Turner Networks, TNT, TBS, Eurosport, Magnolia, TLC, Animal Planet, and more. 

It’s a heavy price for the two companies to pay, but one that could have a huge payoff. In an announcement, Discovery CEO David Zaslav -- who will run the new venture -- said the new company will start with $55 billion in debt and that the company revenue goal for its first full year of business -- 2023 -- is budgeted at $52 billion. 

Investors who own stock in either company will also see some shifting around. If you’re an investor in AT&T, your new stock will represent 71% of the new company whereas Discovery shareholders will own 29% of the new company. 

What consumers can hope to gain

The new company starts out with a lot of shareable content -- some 200,000 hours of “iconic programming,” according to the companies. While Zazlav didn’t show all his cards, he suggested that consumers should see more original content from “under-represented storytellers and independent creators,” as well as a sizable investment in family-friendly nonfiction video content.

"During my many conversations with [AT&T’s CEO John Stankey], we always come back to the same simple and powerful strategic principle: these assets are better and more valuable together. We believe everyone wins... [including] consumers with more diverse choices,” Zaslav said. 

“We will build a new chapter together with the creative and talented WarnerMedia team and these incredible assets built on a nearly 100-year legacy of the most wonderful storytelling in the world. That will be our singular mission: to focus on telling the most amazing stories and have a ton of fun doing it.”

The room at the top of the streaming world just got a little more crowded. AT&T; and Discovery have announced a decision to take WarnerMedia’s premium ente...

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Disney+ subscription price will soon go up

The price of a Disney+ subscription is set to go up on March 26, so consumers who want to save a little money may want to sign up now. The monthly cost of a Disney+ subscription will soon go up by $1 to $8 per month, or $80 upfront for an entire year. 

The pricing changes will also affect the Disney Bundle, which gives consumers access to  Disney+, Hulu, and ESPN+. The price of the package will increase from $12.99 per month to $13.99 per month, or from $18.99 per month to $19.99 per month for the plan that includes an ad-free Hulu experience.

The company said at the end of last year that it would have to raise prices in order to recoup the losses it’s incurred from investing in new content. Over the past year, Disney+ has debuted a number of new shows like WandaVision, The Mandalorian, and new Marvel and Star Wars content. It has also added new releases like Soul and added classics like Rodgers and Hammerstein’s Cinderella. 

Disney announced this week that Cruella and Black Widow will be released in May and July, respectively, on Disney+ as $30 Premier Access titles. The one-time $30 Premier Access fee lets consumers watch brand new movies as many times as they want as long as they remain a Disney+ subscriber. 

The price of a Disney+ subscription is set to go up on March 26, so consumers who want to save a little money may want to sign up now. The monthly cost of...

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Regal Cinemas to reopen hundreds of locations next month

Following an extended period of being closed to the public due to the pandemic, Regal Cinemas has announced that it will reopen around 500 of its U.S. locations on April 2. 

“Regal is thrilled to welcome our guests back to the movies in April,” Regal wrote on Twitter. “Select theatres will be opening April 2, in time for ‘Godzilla vs. Kong.’ Additional theatres will be opening in the weeks to follow.”

The movie theater chain said it will have a number of health and safety measures in place to prevent the spread of COVID-19, such as limiting attendance to between 25 percent and 50 percent. Some other changes that the company said it will implement include:

  • Operating at limited capacity and requiring guests to wear masks;

  • Increasing fresh air intake by 50 percent to 100 percent to help air circulate throughout auditoriums;

  • Leaving two seats between parties in theaters to help with social distancing; 

  • Changing concession stand procedures to include reduced menu offerings and social distancing between registers; and 

  • Allowing guests to make food and drink purchases via the Regal app.

Welcoming moviegoers back

Regal, which is owned by Cineworld, made the decision to shutter its theaters six months ago as COVID-19 restrictions went into effect. But with many businesses reopening, the chain says it’s ready to fulfill its vital role in communities across the U.S.

"We have long-awaited this moment when we can welcome audiences back to our Regal theatres and restore our essential role within the communities we serve," said Mooky Greidinger, Chief Executive Officer of Cineworld. 

"With the health and safety of our customers, staff, and communities as our top priority, we continue to take all the necessary precautions and abide by our CinemaSafe guidelines to confidently provide a safe and comfortable experience. With capacity restrictions expanding to 50% or more across most U.S. states, we will be able to operate profitably in our biggest markets."

Following an extended period of being closed to the public due to the pandemic, Regal Cinemas has announced that it will reopen around 500 of its U.S. loca...

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Amazon Prime secures exclusive rights to NFL Thursday Night Football

The National Football League (NFL) has reached a multi-year deal with Amazon for exclusive rights to Thursday Night Football games on Amazon Prime, beginning with the 2023 season.

The league’s first-ever exclusive deal with a streaming service further blurs the line between broadcast television and streaming video.

Under the terms of the deal, which runs for 10 years, Prime will be the exclusive outlet for 15 Thursday Night Football games each season, along with one pre-season game. All games will air on Prime Video as part of a Prime membership.

“NFL games are the most-watched live programming in the United States, and this unprecedented Thursday Night Football package gives tens of millions of new and existing Prime members exclusive access to must-watch live football on Prime Video,” said Mike Hopkins, senior vice president of Prime Video and Amazon Studios. 

The NFL and Amazon began a relationship in 2017 when Prime simulcast some Thursday night NFL games. Last season, Amazon had exclusive broadcast rights to one Thursday night game, a late-season match-up between the San Francisco 49ers and Arizona Cardinals, which drew an estimated 11.2 million viewers.

Other media deals

The Amazon deal was one of many the league announced with other, more traditional broadcast outlets. The $100 million package ties up the NFL for 11 years with CBS, ESPN/ABC, Fox, and NBC. 

"These new media deals will provide our fans even greater access to the games they love.  We're proud to grow our partnerships with the most innovative media companies in the market," NFL Commissioner Roger Goodell said. "Along with our recently completed labor agreement with the NFLPA, these distribution agreements bring an unprecedented era of stability to the league and will permit us to continue to grow and improve our game."

Most of the other deals continue existing relationships. However, the new agreement gives ABC rights to televise two Super Bowls while continuing its existing exclusive agreement with ESPN to broadcast Monday Night Football.

The National Football League (NFL) has reached a multi-year deal with Amazon for exclusive rights to Thursday Night Football games on Amazon Prime, beginni...

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AT&T to count HBO Max usage toward customers’ data caps

After previously stating that it wouldn’t do so, AT&T announced on Wednesday that it will begin counting time spent streaming content from HBO Max toward monthly data caps. The company informed customers that it would no longer offer “Data Free TV” on its video apps beginning March 25.  

The decision was made after a federal court upheld California’s net neutrality law, which prohibits "zero rating" or sponsored data streaming. AT&T said California’s law will extend beyond state borders since “a state-by-state approach to ‘net neutrality’ is unworkable.” 

“We regret the inconvenience to customers caused by California’s new ‘net neutrality’ law,” the company wrote in a blog post. “Given that the Internet does not recognize state borders, the new law not only ends our ability to offer California customers such free data services but also similarly impacts our customers in states beyond California.”

As a result of the change, customers will have to be connected to Wi-Fi in order to avoid having the content watched on HBO Max counted toward their data limits. 

AT&T added that it “strongly advocate[s]” for Congress to adopt federal legislation that provides “clear, consistent and permanent net neutrality rules for everyone to follow” and makes internet access available and affordable to all Americans.

After previously stating that it wouldn’t do so, AT&T; announced on Wednesday that it will begin counting time spent streaming content from HBO Max toward...

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AMC Theatres to open 98 percent of its locations by this Friday

AMC Theatres feels it’s safe to come out of the pandemic woods and reopen. 

A year after closing all of its locations due to COVID-19 concerns and six months after claiming it was on shaky ground financially, the movie theatre chain announced on Thursday that it will have 98 percent of its U.S. locations open by this Friday, March 19. By March 26, the company says it should have 99 percent of its theatres open to the public.

Moviegoer health is priority #1

At the top of its reopening checklist, the company is putting an emphasis on moviegoers’ health, and it feels like it has all the safety measures in place to meet that challenge. The company’s efforts in that regard include a slate of Safe & Clean policies and protocols developed in consultation with Clorox and with faculty at the Harvard University School of Public Health. 

One of the more important additions emphasized in the company’s announcement is the upgrade of its air filtration system. The upgrade includes MERV-13 air filters, which the Environmental Protection Agency (EPA) says can trap smaller particles like viruses.

Here are some other health-conscious additions that returning moviegoers will find:

  • Social distancing & automatic seat blocking in each auditorium

  • Mandatory mask wearing

  • Easy availability of disinfecting wipes and hand sanitizer

AMC is also taking a hard line on employee health. Managers and crew members will have their temperatures checked before they begin their shift. If anyone has a fever or coronavirus-like symptoms, they will be required to self-quarantine until they are symptom-free for at least 72 hours.

Changes at the concession stand

AMC isn’t letting down its guard anywhere, including the concession stand. Moviegoers will have to verbally request condiments like ketchup, mustard, relish, buttery popcorn topping, and salt, but napkins, cup lids, and straws are available to grab and go.

The company is also changing how drink and popcorn refills are managed. Customers will have to ask the concessions crew for a new cup to refill their drink or a new tub to refill their popcorn. 

AMC Theatres feels it’s safe to come out of the pandemic woods and reopen. A year after closing all of its locations due to COVID-19 concerns and six m...

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Budweiser and other major brands will be absent from Super Bowl LV

The day after the Super Bowl, there is as much “water cooler” chatter about the commercials as there is about the game. This year, there will be fewer commercials to talk about.

A number of companies that traditionally make commercials for the big game have announced that they will forego ads during this year’s telecast. Instead, they’ll be redirecting that spending toward an assortment of public-spirited causes.

Anheuser-Busch’s Budweiser beer, a fixture during the game’s commercial breaks for over three decades, is sitting out the game between the Kansas City Chiefs and Tampa Bay Buccaneers. It released this YouTube video on Monday announcing its decision and explained that it will use the money it would have spent on the expensive advertisements to support an Ad Council campaign to provide information about the coronavirus (COVID-19) vaccine.

“A key learning from 2020 is that we must prioritize humanity and purpose,” said Marcel Marcondes, U.S. CMO, Anheuser-Busch. 

Marcondes says any ads the company airs won’t be for its flagship product. Instead, he says the messages will be designed to ”provoke us to think about what matters most in life.”

Concern about the optics

Industry analysts say major brands are being careful not to damage their images. The optics of splashy, celebratory ads might not play so well with the public against a backdrop of a pandemic that has thrown millions out of work, closed thousands of businesses, and claimed the lives of more than 400,000 Americans.

Pepsi has said it will not air the number of commercials it has in past years. However, the soft drink giant remains the sole sponsor of the Super Bowl halftime show.

Rival Coca-Cola will also take a seat on the bench. It released a statement to CNBC, saying it had decided to focus on “investing in the right resources.” Coke has also been a victim of the pandemic, seeing its sales suffer over the last 10 months since a huge amount of its product is sold through bars and restaurants.

Fewer car ads

In recent years, Hyundai has been a regular sponsor of the most-watched sporting event of the year. But not in 2021.

A company spokesperson said the decision was likely for this year only and was "based on marketing priorities, the timing of upcoming vehicle launches, and where we felt it was best to allocate our marketing resources."

Audi is also taking a hiatus from advertising during this year’s game. In a statement, it said it is taking 2021 to “focus on new endeavors.”

The game’s newest sponsor, Little Caesar’s pizza, is also calling a timeout. The company, which aired its first Super Bowl commercial last year, said it doesn’t have a new message to share.

The day after the Super Bowl, there is as much “water cooler” chatter about the commercials as there is about the game. This year, there will be fewer comm...

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AT&T drops AT&T TV Now to simplify offerings

AT&T has announced that it’s merging AT&T TV Now and AT&T TV in an effort to bring “more value and simplicity” to its streaming service offerings. 

“AT&T TV Now has merged with AT&T TV to bring you the best live and on-demand experience,” the company said in an update on its website. 

Although the telecom and media giant has stopped allowing new sign-ups for AT&T TV Now, existing users will be able to continue using the service without disruptions or price changes.  

AT&T TV Now was designed to replace the company’s “DirecTV Now” satellite service, which launched in November 2016. The “skinny bundle” offering was initially priced at $35 per month and offered cord-cutters more than 100 channels. However, AT&T raised the price over time, and many early adopters stopped using the service. 

Going forward, the telecom’s AT&T TV offering -- which is more similar to traditional cable than AT&T TV Now -- will be offered with a month-to-month payment option. Current contracts will remain in effect, but customers can move to the month-to-month plan once their current contract expires. 

Prices for the non-contractual options start at $70 per month. That price gets customers an Entertainment package that includes ESPN, CNN, and FX, as well as local broadcast channels and 20 hours of cloud DVR. For $10 extra per month, the company will add additional DVR storage. 

Consumers can also choose to sign up for a two-year contract. Doing so drops the price of the Entertainment package’s first-year price to $60 per month. In the second year, that price increases to $93 per month. 

AT&T; has announced that it’s merging AT&T; TV Now and AT&T; TV in an effort to bring “more value and simplicity” to its streaming service offerings. “...

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AMC secures $100 million investment, but it says it will need more to avoid bankruptcy

AMC Theatres has secured a $100 million investment to help keep the beleaguered movie chain afloat, but it says it still needs another $750 million of additional liquidity to fund the company’s cash requirements through the end of 2021.

Mudrick Capital came to AMC’s rescue with the additional funding. The company is an investment firm specializing in distressed credit investing, focused on “find(ing) investments with attractive risk reward ratios.” It also holds second lien notes issued by AMC and, if need be, will convert $100 million of existing AMC debt into AMC common stock.

If all else fails?

Should AMC fail to get more help, it repeated that it may have to enter bankruptcy proceedings. While 400 of its nearly 600 U.S. theaters are still open, bankruptcy may force it to close the rest of those theaters’ doors.

“Given the uncertainty regarding our ability to raise material amounts of additional liquidity and the uncertainty as to the time at which attendance levels might normalize, substantial doubt exists about the company’s ability to continue as a going concern for a reasonable period of time,” AMC said in a regulatory filing.

Another COVID-19 casualty

It’s no surprise, but AMC puts much of the blame squarely on the pandemic’s shoulders. 

“A significant spike in coronavirus cases, together with delays of major movie releases or the direct or simultaneous release of movie titles to the home video or streaming markets in lieu of theatre exhibition, have led to theatre closures, prevented the opening of theatres in major markets and have had, and are expected to continue to have in the future, a material adverse impact on theatre attendance levels and our business,” AMC said.

The company’s finger-pointing toward delays and simultaneous releases of movies was aimed directly at Warner Brothers, who recently decided to release its entire 2021 movie slate on its streaming service HBO Max and in theaters simultaneously. AMC has fretted about this possibility for months, and it said in the filing that other studios may follow. 

AMC found some respite over the summer with Universal, which it struck a deal with to make movies available sooner outside of theaters. However, that’s the only handshake deal it has been able to make so far.

AMC Theatres has secured a $100 million investment to help keep the beleaguered movie chain afloat, but it says it still needs another $750 million of addi...

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Disney+ tacks on $1 to its monthly subscription price

Disney+ is raising its monthly subscription price to $7.99 a month, a $1 increase. The new price will go into effect March 26, 2021. 

With the price hike, subscribers will pay $79.99 per year. Disney is also raising the price of the Disney Bundle -- which has Disney+, Hulu, and ESPN Plus -- to $13.99 a month (also a $1 increase). 

Since launching in November 2019, Disney+ has amassed a whopping 86.8 million subscribers. During a four-hour presentation for investors on Thursday, Disney said it’s putting a lot of money into new content and needs to raise prices for subscribers as a result. 

As many as 20 new Marvel and Star Wars series and more than two dozen Disney and Pixar movies or series are headed straight to Disney+, according to the company. Disney+ will be the first to receive movies like “Pinocchio,” starring Tom Hanks and directed by Robert Zemeckis, and “Peter Pan and Wendy,” starring Jude Law (both of which are still in production).

The price increase comes a little over a month after fellow streaming giant Netflix raised the prices of its standard and premium subscription plans. At the time, Netflix’s COO and chief product officer Greg Peters said Netflix will “occasionally go back and ask [customers] to pay a little bit more to keep that virtuous cycle of investment and value creation going.” 

Disney+ is raising its monthly subscription price to $7.99 a month, a $1 increase. The new price will go into effect March 26, 2021. With the price hik...

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Hulu hikes price for its +Live package by $10 a month

Hulu is raising the roof on its rates for their Hulu + Live TV package by $10 per month -- an aggressive 18 percent increase over the current $54.99 price. It’s the third major price hike for a live TV streaming service in 2020, and it brings Hulu up to the same price point as YouTube TV and FuboTV, both of which started charging $65 per month during the summer.

Hulu subscribers have reportedly been notified about the price increase and have until December 18 to fish or cut bait from the service. Hulu’s on-demand streaming service has 32.5 million subscribers for a total of 36.6 million Hulu subscribers. 

Streaming services are Disney’s new cash cows

The price jump comes just days after Disney CEO Bob Chapek praised Hulu’s live TV offering during the company’s quarterly earnings call, saying its subscription base was “growing rapidly.”

Actually, Chapek has several reasons to be happy. Disney has 120 million paid subscribers between Hulu, Disney+, and ESPN+. If the company can get half of Hulu’s current 36.6 million subscribers to pay the extra $10 per month, it becomes a bonafide cash cow, bringing another $180 million a month to the table. 

“We’ve got a product that we’re really excited about and ... it really gives the utility that consumers might normally find from the cable or satellite subscriber and be able to get it over-the-top directly to their homes,” Chapek said on the call. 

ConsumerAffairs’ Hulu reviewers seem to agree with Chapek, giving the service close to a 4-star rating and applauding the service for everything he says it offers.

Is cord-cutting still worth it?

While bundling streaming services seems like a smart idea, by the time you add up a few to get what you consider the perfect little personal network, it may not be. Things can add up quickly when a service increases its rates a dollar here or there. A good case in point is Netflix, which has bumped up its subscription price five times in the last 10 years.

“Sad as it is, we shouldn’t be surprised,” mused cord-cutting watcher Jared Newman. “If there was any doubt left about how the pay TV industry would respond to cord cutting, this latest price hike makes the endgame clear: There will be no pivot toward flexible packages, lower prices, or the mythical a la carte cable TV service. The prevailing strategy is now a scorched earth one, with routine price increases imposed on a shrinking number of pay TV subscribers.”

Hulu is raising the roof on its rates for their Hulu + Live TV package by $10 per month -- an aggressive 18 percent increase over the current $54.99 price....

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AMC launches private theater rental program

AMC Entertainment has announced that it’s launching a private theater rental program. 

The movie theater chain was hit hard by the COVID-19 pandemic and recently reported a staggering $905.8 million quarterly loss. Company officials are hoping to bolster revenue by offering consumers the option of renting out an entire theater for as little as $99. 

On its official website, AMC said private screenings will have COVID-19 safety measures in place, and the number of guests allowed in each theater will be capped at 20. 

“As part of our AMC Safe & Clean initiative, private movie showings can accommodate 1-20 total guests (host included), so the auditorium can remain at 40% capacity (or less based on municipality guidelines), leaving plenty of space for social distancing,” the company said. 

Masks will be required “unless you are actively enjoying food or drinks,” AMC said. The company added that outside food and drink may not be brought into private screenings. 

Test showed significant interest

Consumers who rent out a theater can choose from one of the movies AMC is offering. The theater chain is currently offering 17 films including “Jurassic Park” and “The Nightmare Before Christmas.” New releases -- such as “Tenet,” “The War With Grandpa” and “Freaky” -- can be viewed for a higher price of between $149 to $349, depending on location.

AMC said it recently tested the program and it drew “110,000 inquiries around the country” in the span of a month -- more than four times higher than the total number of requests it got in all of 2019 for private theater rentals.

“The results and feedback from our guests about AMC Safe & Clean have been overwhelmingly positive, and Private Theatre Rentals at AMC provides an additional layer of safety and security to those moviegoers who are looking to see movies with just their family members and friends,” Elizabeth Frank, executive give president of worldwide programming and chief content officer, said in a statement. 

“It’s unprecedented for AMC to receive 110,000 contacts in four weeks about a private theatre rental, based only on word of mouth and organic publicity, and we are excited about and appreciative of the interest this has sparked among AMC guests,” she said. 

AMC Entertainment has announced that it’s launching a private theater rental program. The movie theater chain was hit hard by the COVID-19 pandemic and...

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Netflix raises its monthly subscription price again

It’s full steam ahead at Netflix. After adding 26 million new subscribers worldwide in the first half of the 2020 pandemic, its users are going to have to pony up another dollar or two per month starting soon. 

On Thursday, the company raised the prices of its standard and premium plans to $13.99 (from $12.99) and $17.99 (from $15.99) per month, about the same jump in price it took in 2019.

While that price increase might appear incidental, it could sure mean a lot to Netflix’s bottom line. Tacking on a dollar or two per month to its 73 million U.S. subscribers and an estimated 195 million worldwide is a healthy shot of black ink to the company’s bottom line. 

The changes to expect

The big change for Netflix is the monthly subscription price, but there a few other items that Netflix users should take note of:

  • When the price will go upSo as not to be surprised when the price increase comes, current Netflix subscribers will be notified 30 days before any rate change happens. They should be ready to see the updated prices on their bill sometime in the next two months, according to a comment Netflix made to CNBC.

  • Basic plan changes. The basic plan holds steady at $8.99 a month, the same price Netflix rolled out in 2019.

  • Free trials. Will there be more free trials? Those appear to be in limbo. While Netflix continues to offer free trials outside of the U.S., it recently closed the lid on the promotion in the U.S. and began emphasizing that it lets subscribers cancel anytime at no cost.

  • Streaming qualityWhile Netflix didn’t mention any changes in quality, ConsumerAffairs reminds Apple Mac users who want to use their computers to stream Netflix 4K (reportedly when Apple’s next system software, macOS Big Sur, is released) that Netflix will only stream in 4K to Macs that have a T2 security chip.

Becoming part of the conversation

As ConsumerAffairs read the transcript for its latest earnings call, our biggest takeaway was that Netflix wants to be fundamental in the viewer’s go-to streaming services. 

Netflix’ co-founder, Wilmot Reed Hastings, said the company has come to realize there are no gimmicks or techniques, but that it’s really about member satisfaction. In his words, “If we please you on a Wednesday night, you're more likely to come back on a Thursday night.”

“Primarily, what we're trying to do in our marketing is get people to talk about those things that they're watching and got to get it into the conversation … and to excite the fan base so that when they're talking about a movie, they're talking about a Netflix movie. And when they're talking about a TV show, they're talking about a Netflix TV show. And that's the thing that we're building toward every day,” added Theodore A. Sarandos, the company’s Co-CEO, Chief Content Officer & Director.

It’s full steam ahead at Netflix. After adding 26 million new subscribers worldwide in the first half of the 2020 pandemic, its users are going to have to...

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Moviegoers starting to feel confident about returning to theaters

A new survey of U.S. moviegoers from Comscore shows that movie fans are starting to feel more confident heading off to a theater, mostly because of the aggressive safety procedures implemented by exhibitors. 

The survey results are a welcome sigh of relief for theaters, especially for the country’s largest theatre chain, AMC, which was about to throw in the towel after trying every trick it could -- including 15-cent movies -- to try and stay afloat while moviegoers hunkered down at home bingeing on Netflix and other streaming services. 

The key takeaways

Comscore’s survey revealed three key insights into the rehabbed moviegoer experience:

  • Consumers had positive experiences. An impressive 92 percent had a positive experience at the movies with 60 percent of those saying, “It was great, glad to be back at the movies.”

  • Boredom was a driving factor: Pandemic-driven boredom turned out to be a big reason why movie fans have returned to the box office. Fifty-one percent say they were driven back to the movies by their desire to socialize, particularly with their friends and family, and get back to normal outside-the-home routines.

  • New films brought in customers. Finally, aside from going to the movies being considered a safe activity, recently released blockbuster films were considered very compelling as “a new film I had to see” was one of the most important factors in their decision to return to the movie theater.

“Now that US moviegoers have begun going back to the multiplex, exhibition is clearly doing a great job of creating an environment that exudes the essential values of health and safety in the era of COVID-19,” said Paul Dergarabedian, Senior Media Analyst, Comscore. 

“A great in-theater experience combined with new and exciting movies from the most notable studios are a combination that is resonating strongly with audiences who are responding enthusiastically to their big screen theatrical experience.”

Trivia nights and classrooms?

Yes, the public’s perception that it’s safe to return to the theaters is a good sign, but not every theater has the muscle and reserves that a chain like AMC does. In some situations, smaller operators are turning to other ways to generate some income while the pandemic is still a factor.

In its coverage of the situation, CNBC found that National Amusements, owner of the Showcase Cinemas chain, is working with libraries to show movies that are based on books and also with museums to play documentaries that are tied to exhibits.

Another creative play or two came from the smaller players. Some turned parking lots into concert venues, others traded blockbuster opening weekends for trivia nights, and some of the more future-thinking ones cut deals with local colleges to rent out the space for in-person learning.

“We’ve made the commitment to keep our doors open, keep our people working,” Jason Ostrow, vice president of development at Texas-based chain Star Cinema Grill, told CNBC “Their sole purpose is to innovate and find ways to drive business however they can.”

A new survey of U.S. moviegoers from Comscore shows that movie fans are starting to feel more confident heading off to a theater, mostly because of the agg...

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AMC Theatres says it could be out of business by the end of the year

How bad have things gotten for the movie industry? So bad that AMC Theatres, the planet’s biggest movie chain, says it could completely run out of money by the end of the year. 

Early Tuesday, the company said that its cash on hand would be "largely depleted" by the end of 2020 or early 2021. It noted two reasons for that, including a "reduced movie slate for the fourth quarter" and "the absence of significant increases in attendance from current levels."

Holding out hope

Despite the dire picture and the misfortune of other movie chains, AMC thinks it has two ways out of its money problem. If more customers started buying tickets, that would help. So would finding new ways to borrow money.

However, the film industry isn’t helping to make that first wish happen. As an example, Sony Pictures said it’s not releasing movies that it thinks have big box office appeal -- like ‘Morbius’ and ‘Ghostbusters: Afterlife’ -- until the coronavirus (COVID-19) pandemic is over. Other filmmakers are following suit, pushing films like Marvel's "Black Widow" and the new James Bond "No Time to Die" to 2021. 

Over at Universal, company brass have decided to take an alternate route of skipping coronavirus-shuttered theatres altogether by going direct to digital. That move paid off handsomely, with ‘Trolls: The World Tour’ raking in nearly $100 million in three weeks. Pixar also went the digital route, pulling "Soul" from theaters to debut on Disney's streaming service Disney+.

It can’t be said that AMC hasn’t tried to find something that works. Earlier this year, it reopened some of its theatres with a 15-cent ticket deal. After Universal did its end-around with ‘Trolls,’ AMC struck a deal with the film company that drastically shortened the length of time that films have to play in theaters before they can be parceled out for on-demand, rental, or for sale. That was apparently nothing more than a band-aid when the chain needed a giant tourniquet.

For the moment -- or until cash reserves completely dry up -- AMC is keeping 520 of its 600 locations open. If it can get people back inside, it promises a healthy and safe environment by requiring social distancing and mask wearing all the way up to high tech solutions like electrostatic sprayers, HEPA vacuums, and enhanced air filtration. 

How bad have things gotten for the movie industry? So bad that AMC Theatres, the planet’s biggest movie chain, says it could completely run out of money by...

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Regal Cinemas to close U.S. theaters on October 8

​Regal Cinemas will temporarily close all 536 of its locations in the U.S. on October 8 due to limited consumer demand and a “challenging theatrical landscape.” Regal’s parent company, Cineworld Group, said Monday that the pandemic has led to prolonged theater closures in key markets, which has taken a massive toll on its business. 

Additionally, studios haven’t been releasing new movies due to suppressed demand and the popularity of streaming. The lack of new movies has, in turn, perpetuated low demand, even after Regal implemented new COVID-19 protocols. 

"This is not a decision we made lightly, and we did everything in our power to support a safe and sustainable reopening in the U.S.– from putting in place robust health and safety measures at our theatres to joining our industry in making a collective commitment to the CinemaSafe protocols to reaching out to state and local officials to educate them on these initiatives.

“We are especially grateful for and proud of the hard work our employees put in to adapt our theatres to the new protocols and cannot underscore enough how difficult this decision was," said Mooky Greidinger, CEO of Cineworld.

Will resume business at “appropriate” time

Regal said it will continue to monitor the COVID-19 situation as it pertains to its business. The theater chain said it hopes to resume operations “at the appropriate time, when key markets have more concrete guidance on their reopening status and, in turn, studios are able to bring their pipeline of major releases back to the big screen.” 

In the U.S., the suspension of operations will affect about 40,000 jobs. Cineworld will also be suspending operations at 127 Cineworld and Picturehouse cinemas in the U.K.

​Regal Cinemas will temporarily close all 536 of its locations in the U.S. on October 8 due to limited consumer demand and a “challenging theatrical landsc...

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Disney+ launches new co-watching feature

With the pandemic still keeping consumers at home, Disney+ has added a new co-watching feature to enable friends and family to watch movies together while in different places. 

The streaming platform’s new GroupWatch feature was already in the works before the COVID-19 pandemic, but company officials said they sped up its timeline for deployment in light of the circumstances.  

The new Disney+ feature will let people synchronize movie viewings, enabling friends and family to stay connected even while physically apart. The technology doesn’t require a browser extension and will work on any device. 

Watching with other subscribers

Jerrell Jimerson, chief product officer for Disney’s streaming services, said the co-watching feature was designed to be “super easy for consumers to use.” After selecting “GroupWatch” from the Details menu of a movie or show on Disney+, users can invite up to six other Disney+ subscribers to participate in the viewing. 

Once the movie or show has started, participants can play, rewind or fast forward the video for the whole group and share emojis in response to what’s happening. Jimerson said that although the feature doesn’t have a chat option, other communication capabilities could soon be added.  

“There are other opportunities to integrate communication capabilities, but we haven’t shared any timing on those things,” he told TechCrunch.

The new co-watching feature was launched Tuesday. It works on the Disney+ website, smart TVs and connected devices, and on the Android and iPhone apps. 

With the pandemic still keeping consumers at home, Disney+ has added a new co-watching feature to enable friends and family to watch movies together while...

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AMC to reopen some of its theaters next week with 15-cent movies

AMC is planning to reopen 100 of its theaters next week with new safety measures and 15-cent movies.

The movie theater chain said Thursday that it will offer “moves in 2020 at 1920 prices” on opening day, August 20. After that, the company will be offering $5 tickets to movies like "Inception," "Black Panther," "Back to the Future," and "The Empire Strikes Back.” 

Guests will be required to wear masks to help prevent the spread of COVID-19. The company said it will be selling masks at the theater for a dollar. AMC will also be allowing fewer guests into theaters to promote social distancing, stepping up cleaning procedures, and upgrading its ventilation systems. 

“Masks are required for guests and crew throughout the theater,” AMC said on its website. “Your mask must cover your nose and mouth and fit snugly around your face and chin. Neck gaiters, open-chin bandanas and masks with vents or exhalation valves are not acceptable at this time.” 

Reopening two-thirds of theaters 

AMC has delayed its reopening several times amid the ongoing health crisis. The chain initially planned to reopen theaters with a mask-optional policy, but consumer backlash prompted it to scrap that plan. AMC said in June that it would reopen on July 15, but a lack of movies being offered by studios forced it to push back that date. 

The company now says that two-thirds of its 600 U.S. theaters will be open by September 3. The rest of its locations will open "only after authorized to do so by state and local officials.”

"We are thrilled to once again open our doors to American moviegoers who are looking for an opportunity to get out of their houses and apartments and escape into the magic of the movies," Adam Aron, AMC's CEO, said in a statement on Thursday.

A full list of AMC theaters that will be reopening next week can be viewed on the company’s website.

AMC is planning to reopen 100 of its theaters next week with new safety measures and 15-cent movies.The movie theater chain said Thursday that it will...

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AMC Theatres and Universal strike deal to make movies available sooner outside of theaters

AMC Theaters, the U.S. largest movie theatre chain, and Universal have shaken hands on a new agreement that drastically shortens the length of time that films have to play in theaters before they can be parceled out for on-demand, rental, or for sale to a meager 17 days. 

Seventeen days might seem like an odd number, but it ensures that AMC will have a minimum of three weekends to play host to movie lovers. Typically, the standard release window runs somewhere between 70 days and 90 days.

COVID-19 prompts change in movie industry

The two movie giants have been wrestling for months over release windows -- a move brought on when Universal went direct to digital with Trolls: The World Tour and skipped traditional movie houses altogether.

Like many other things these days, the COVID-19 pandemic had a hand in that move. When Universal originally set a release date of April 10, 2020 for the Trolls movie, it had no idea theatres would be shut down and people forced to quarantine.

So instead of waiting until things got back to normal, Universal took an alternate route that paid off handsomely. Inside of three weeks, Trolls: The World Tour raked in nearly $100 million according to The Wall Street Journal. That’s more than Universal made with the first Trolls movie altogether.

Universal liked what it saw with that move and decided it was going to continue that release model. That got AMC’s dander up, and the chain’s CEO Adam Aron fired back, calling Universal’s plan “unacceptable” and threatening to ban all future Universal releases from AMC Theaters. 

Is the entire movie industry headed this way?

Yes, Trolls: World Tour is an example of where the industry is probably headed. Yes, AMC is in some serious financial trouble. And yes, iTunes, Netflix, Hulu, Google Play, and other digital platforms are taking a larger slice of the pie. But despite Universal’s good fortune, there doesn’t seem to be much uptake from its movie studio peers to leapfrog theatres completely.

A prime example would be WarnerMedia, whose CEO John Stankey told The Hollywood Reporter that theatrical films “have always been a major part of our ecosystem. I fully expect that as we evaluate our business going forward, we will continue to champion creative work that is worthy of the theatrical experience.”

AMC Theaters, the U.S. largest movie theatre chain, and Universal have shaken hands on a new agreement that drastically shortens the length of time that fi...

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Disney World reveals plans for a phased reopening

Get out your mouse ears -- Disney World is gearing up for a reopening.

In a pitch to the Orange County Economic Recovery Task Force in Florida on Wednesday, Disney proposed a phased reopening of Walt Disney World Resort theme parks that is planned to begin on July 11.

With Shanghai Disney Resort and Disney Springs at Walt Disney World Resort already reopened and operating smoothly, Disney feels it has all the proper safety and sanitation measures in place to move things forward.

The new timeline

Pending Orange County and state approval, here are the dates Disney World attractions will reopen:

Magic Kingdom Park and Disney’s Animal Kingdom. A phased reopening for the general public will begin July 11.

EPCOT and Disney’s Hollywood Studios. July 15 is the requested date for those two park sections. 

Expect changes

Disney’s devotees may not get the same exact experience they had the last time they visited a park if they plan to go during the reopening. The company said that visitors should expect changes on how the theme parks will be managed all the way down to how cast members will engage with guests and “create magical Disney memories.”

Its list of modifications goes like this:

Deliberate approach. Disney is not simply opening the gates and letting everyone in. It’s taking a phased approach with limits on attendance and controlled guest density that aligns with guidance on physical distancing. 

Until further notice, experiences that draw large group gatherings, such as parades and nighttime spectaculars, are on hold. The “high-touch” like makeovers, playgrounds, and character meet and greets are also temporarily unavailable. Nonetheless, Mickey, Minnie, Goofy, and Snow White will still be roaming the park grounds to entertain and bring some smiles.

New reservation system. There will be no more going to the ticket window when you get there and buying an admission on the spot. Attendance will be managed through a new reservation system that will require all guests to secure their reservation in advance. 

No new ticket sales or hotel reservations. For visitors who have an existing ticket, they’re good to go. However, the resort is pausing new ticket sales and Disney Resort hotel reservations. Additional details are available on the Disney Parks Blog.

Resorts and campgrounds reopen June 15 and June 22. Disney Vacation Club resorts in Vero Beach, Florida, and Hilton Head, South Carolina, will open to members and guests starting on June 15. Vacation Club resorts at Walt Disney World and Disney’s Fort Wilderness Resort & Campground plan on reopening June 22.

Shopping and dining. The World of Disney retail shop at the Disney Springs shopping and dining complex at Walt Disney World has already reopened. The remainder of those venues will be phased in over the next month or so. 

Enhanced safety protocols. Disney is taking its responsibility in this area seriously and asks guests to do the same. “Our destinations will continue to follow enhanced safety protocols based upon applicable guidance from health authorities and government agencies,” the company said in a news release. 

Those new protocols include anyone 3 years old or older -- even cast members. Here are the new requirements:

  • Face coverings: Guests will be required to wear appropriate face coverings in theme parks and common areas of resort hotels. 

  • Temperature checks: All guests will undergo temperature screenings prior to entering a theme park. To add another layer of safety for visitors, cast members will also have temperature checks. 

  • Paying for things: Cashless transactions are preferred. 

Get out your mouse ears -- Disney World is gearing up for a reopening.In a pitch to the Orange County Economic Recovery Task Force in Florida on Wednes...

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MoviePass files for bankruptcy and prepares to liquidate

There have been a lot of “disrupter” businesses in the last decade that threatened to shake up the status quo. MoviePass is one that just didn’t work out.

MoviePass presented itself as a subscription service that allowed consumers to see an unlimited number of movies in theaters for a monthly subscription fee. The company filed for bankruptcy this week and said it would liquidate its assets.

In the end, MoviePass faced some headwinds that other disrupters like Uber and AirBnb didn’t. It didn’t help that the Hollywood box office went into a nosedive over the last couple of years. There just weren’t that many movies that consumers wanted to see.

At the same time, Nexflix was spending billions of dollars on content. For the same subscription fee, consumers could stay at home and watch great content, usually on big-screen 4k TV sets.

Not much of a surprise

The bankruptcy did not come as much of a surprise. In September, MoviePass lowered the curtain, suspending operations and not saying when, or if, it would resume. In July, the service informed its subscribers that it would be temporarily interrupting service while it worked on improving its app. Prior to that, it had been forced to change its business model numerous times in an effort to overcome financial struggles. 

At its peak, MoviePass was able to sign up nearly 3 million subscribers who paid $9.95 a month. But as there was less and less to see at movie theaters, subscribers dwindled to a low of 225,000 in April of last year.

When it filed for bankruptcy this week, the company listed, by name, 12,000 subscribers it said were creditors -- who had paid in advance and were owed refunds. According to CNN, that list took up 174 pages of the filing.

MoviePass’ problems gained momentum in 2018 when it suffered severe cash flow issues. In early 2019, the parent company was delisted on the NASDAQ stock exchange. 

There have been a lot of “disrupter” businesses in the last decade that threatened to shake up the status quo. MoviePass is one that just didn’t work out....

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NBCUniversal joins the streaming wars with the launch of Peacock

NBCUniversal is joining the streaming sweepstakes, announcing the launch of a new video service called Peacock. 

The service, which will debut later this year, is made up of three tiers: a limited content package that will be free, a premium tier that will contain ads, and an ad-free platform.

Peacock will offer more than 600 movies and 400 series, as well as live and on-demand content across news, sports, late-night, and reality. 

Parent company Comcast is one of the nation’s largest cable TV providers, so the new service appears carefully designed not to cannibalize that revenue. Peacock Free will be available to everyone at no charge so there’s less pressure for cord-cutting.

Over 7,500 hours of programming

Peacock’s free tier will offer more than 7,500 hours of NBCUniversal programming. Subscribers will get next-day access to current seasons of new broadcast series, complete classic series, popular movies, curated daily news, and sports programming that includes Olympics coverage.

Peacock Premium is another ad-supported tier but costs $4.99 a month. It will include about twice the amount of content offered on the free tier. It will be provided at no charge to 24 million Comcast and Cox subscribers.

The third tier is just like Peacock Premium but without ads. That will be provided to subscribers for $9.99 a month. The service will be available to Comcast and Cox subscribers in April and will roll out for all other consumers in July.

“This is a very exciting time for our company, as we chart the future of entertainment,” said Steve Burke, chairman of NBCUniversal. “We have one of the most enviable collections of media brands and the strongest ad sales track record in the business. Capitalizing on these key strengths, we are taking a unique approach to streaming that brings value to customers, advertisers and shareholders.”

Following Disney

Peacock follows the wildly successful launch of Disney+ in late 2019. Sandwiched in between AppleTV+ at $4.99 a month and Netflix’s basic service at $8.99 a month, Disney+’s initial price is $7 per month. Because Disney now owns Hulu and already had ESPN in its portfolio, consumers who add in services from either of those two channels will get an extra $5 off, creating a $13 a month bundle for Disney+, Hulu (with ads), and ESPN Plus.

Disney says it has signed-up more than 10 million subscribers to its new video service since launching in early November. Peacock has now made the streaming field even more crowded.

While more options are good for consumers, it may be an even bigger challenge to figure where to spend a monthly subscription budget. For its 13th annual Digital Media Trends survey released in March 2019, Deloitte surveyed more than 2,000 digital consumers across the U.S. and found that nearly half said the rapidly growing market for streaming services is causing them to experience “subscription fatigue.”

Deloitte’s survey showed strong growth in streaming video subscription services, with 69 percent of households now subscribing to one or more.

NBCUniversal is joining the streaming sweepstakes, announcing the launch of a new video service called Peacock. The service, which will debut later thi...

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Disney+ is here, large and in charge

The Mouse is officially in the house. 

Say hello to Disney+, the new subscription video on-demand (SVOD) streaming service from the Walt DIsney Company. The service is making its debut Tuesday in the United States, Canada, and the Netherlands.

All in all, Disney+ will have at its fingertips close to 7,000 television episodes and 500 films. To kick-start the service, the company will lean heavily on five properties: 

  • Star Wars: Included will be the first six films of the Star Wars franchise, plus The Force Awakens and Rogue One

  • National Geographic: Since Disney owns 73 percent of National Geographic Partners, it’s a no-brainer to include all that National Geographic already has on the shelf and in current production. National Geographic will also be producing the documentary series Magic of the Animal Kingdom and The World According to Jeff Goldblum.

  • Pixar: The animation studio is a motherlode of its own with 21 feature films, including all the Toy Story movies, Finding Dory, Coco, and The Incredibles.

  • Marvel: Most of the Marvel Cinematic Universe films will all be available from day one; however, seven films -- Thor: Ragnarok, Black Panther, Avengers: Infinity War, Ant-Man and the Wasp, The Incredible Hulk, Spider-Man: Homecoming, and Spider-Man: Far From Home -- won’t be available for a while because the rights to many of those were previously licensed to Netflix. In other cases, the distribution rights for some films are shared with different studios (e.g., Sony Pictures for the Spider-Man films).

  • Disney: As any video-consuming person knows, this is a goldmine of its own. The entire Disney film library, including films currently in the "Disney Vault" -- Pinocchio, Fantasia, Snow White, The Little Mermaid, The Lion King, etc. -- will eventually find their way into the channel. And for the D'oh!’ers among you, Disney+ also owns the rights to the first 30 seasons of The Simpsons, and those are expected to be part of the lineup at launch. 

To sweeten the deal for Disney-loving consumers, the service has also created a boatload of new original -- and exclusive -- series and movies. Those include High School Musical: The Musical: The Series; Forky Asks a Question (Forky, by the way, is a character in Toy Story); a new version of Lady and the Tramp; and the video version of the young adult novel Stargirl.

How do you get Disney+ and what does it cost?

Out of the chute, Disney+ will be available on the web, so consumers can use their computers to watch its content. Offerings can also be found on certain apps -- like its own Disney+ app, Android TV, and Apple TV -- and devices such as Roku, PlayStation 4, a variety of smart TVs, and both Amazon’s Fire HD and Fire TV.

The company deserves kudos for going the distance for consumers with disabilities so they can also enjoy the service. The app will offer support for closed captioning, descriptive audio, and navigation assistance.

Cost-wise, it appears to be a good deal -- or at least a competitive one. Sandwiched in between AppleTV+ at $4.99 a month and Netflix’s basic service at $8.99 a month, Disney+’s initial price will be $7 per month. And because Disney now owns Hulu and already had ESPN in its portfolio, consumers who add in services from either of those two channels will get an extra $5 off, creating a $13 a month bundle for Disney+, Hulu (with ads), and ESPN Plus.

Goodies galore -- and one little bump in the road

With all that will be taking place over the next year or so with NBC-Universal’s new streaming service, changes at Hulu, and the recent roll-out of AppleTV+, Disney+ is starting out gloves off and in full bravado, daring competitors to match its consumer offerings and allowing subscribers to:

  • Get it for free -- or close to free, anyway. CNET reports that Verizon is giving away a whole year of Disney+ with its Unlimited plans;

  • Watch commercial-free;

  • Concurrently stream video content on up to four registered devices with no up-charges;

  • Have access to unlimited downloads of shows and movies on the Disney+ app to watch offline later on up to 10 mobile or tablet devices, with no constraints on the number of times a title can be downloaded per year; and

  • Share with up to seven other people. Interestingly, at least as far as ConsumerAffairs’ report on Netflix, HBO, and other SVODs going after consumers who allow others outside their household to use their subscription, Disney+ says that subscribers “can set up to seven different profiles.” There’s not one mention of “household,” “family,” or finger-wag warning that users better not let others ride on their subscription’s coattails. 

The bump in the road? CNN reported that as many as 8,415 site visitors experienced issues as soon as the service launched. Users were greeted by error pages starring Disney's own Wreck-It Ralph.

"Unable to connect to Disney+," said the error page, with Wreck-It Ralph holding a WiFi signal, reading, "There seems to be an issue connecting to the Disney+ service." 

However, the issue turned out to be temporary. EntertainmentWeekly reported that it was able to get the service going after a few restarts of the Disney+ app.

Around and around and around we go…

...and where this streaming service merry-go-round stops, nobody knows.

With all the buy-outs, shake-outs, and roll-outs in the streaming service game, the next couple of years will be interesting to say the least. 

“While competition is generally considered a positive thing for consumers, and rightly so, there can be too much of a good thing, as subscribers of video streaming services may soon come to learn,”  says Statista’s Felix Richter. “The industry that was once dominated by Netflix could become too fragmented for its own good.”

What Richter is essentially saying is that all the little pieces that Netflix had licensing deals for and could lose in the shake-out might force consumers to piecemeal their perfect world of shows together by subscribing to multiple services to get all they want. Cases-in-point are Friends, The Office, and the Disney and Marvel movies -- all of which consumers could find inside Netflix.

However, that smorgasbord is closing down: Disney is pulling its content out of Netflix; Friends will move to HBO Max in 2020; and shows like The Office and Parks and Recreation will eventually be exclusive to NBC-Universal’s new Peacock service.

“For consumers this means either limiting their content choices or subscribing to multiple streaming services rather than just one,” Richter says. “For existing streaming services, Netflix in particular, the situation is also highly dangerous. According to a survey conducted by Morning Consult and the Hollywood Reporter earlier this year, many Netflix subscribers would cancel their subscription in case the service loses some of the aforementioned content.”

The Mouse is officially in the house. Say hello to Disney+, the new subscription video on-demand (SVOD) streaming service from the Walt DIsney Company....

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Netflix to offer $2 billion in debt to fund content creation

Netflix announced Monday morning that it’s planning to offer another $2 billion in debt to fund its investment in content. The streaming giant also offered $2 billion in new debt for the same purpose back in April. 

The company said it intends to use the net proceeds from its latest offering “for general corporate purposes, which may include content acquisitions, production and development, capital expenditures, investments, working capital and potential acquisitions and strategic transactions.”

The move comes ahead of the November launch of highly anticipated streaming services from both Disney and Apple. 

Rising streaming competition

Netflix CEO Reed Hastings insisted last week that the company isn’t particularly worried about new competition in the streaming market. In a letter to shareholders accompanying its third quarter earnings report, Netflix said Apple TV+ and Disney+ aren’t likely to bump Netflix from its current spot as an industry leader. 

Hastings said that Disney is going to be a “great competitor,” but he assured investors that the new services will only bolster the streaming industry’s ability to compete with linear TV.  

“We’re all relatively small compared to linear TV,” Hastings said. “So we’re not really competing with each other, but with broadcast.”

Netflix executives said the launch of the new streaming services will be “noisy” and may bring “some modest headwind” to its near-term growth. However, the company said it doesn’t anticipate a big impact on its long-term growth. 

Netflix’s latest investment will help to fuel and sustain its expansive content lineup, which it says is crucial to keeping its subscriber numbers up.  

Netflix announced Monday morning that it’s planning to offer another $2 billion in debt to fund its investment in content. The streaming giant also offered...

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Netflix not worried about competition in streaming market

On Thursday, Netflix released its third quarter earnings report and said in an accompanying letter to shareholders that it’s not particularly worried about the November launch of Apple TV+ and Disney+. 

While the new streaming services do represent “increased competition,” Netflix said the soon-to-launch services won’t offer consumers the same amount and selection of content that it currently does. 

“The upcoming arrival of services like Disney+, Apple TV+, HBO Max, and Peacock is increased competition, but we are all small compared to linear TV,” the company said. “While the new competitors have some great titles (especially catalog titles), none have the variety, diversity, and quality of new original programming that we are producing around the world.” 

‘Modest headwind’ 

The streaming giant said the rollout of Apple TV+ (on November 1) and Disney+ (on November 12) may bring “some modest headwind” to its near-term growth. However, it expects to bounce back and “grow nicely” in the long term. 

CEO Reed Hastings said the newcomers to the streaming market don’t represent a “big change” in the competitive landscape, but he admits that linear TV providers do still pose a threat. 

“We’re all relatively small compared to linear TV,” Hastings said, according to CNBC. “So we’re not really competing with each other, but with broadcast.”

With new services on the way, Hastings predicted that more consumers will begin subscribing to multiple streaming services because of their unique content offerings. As a result, they’ll stop paying for linear TV and have more to spend on streaming services. 

“In our view, the likely outcome from the launch of these new services will be to accelerate the shift from linear TV to on demand consumption of entertainment,” he said. 

On Thursday, Netflix released its third quarter earnings report and said in an accompanying letter to shareholders that it’s not particularly worried about...

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AMC launches new streaming service

In an effort to contend with competition from the at-home streaming service industry, theater chain AMC Entertainment is launching its own streaming program, according to the New York Times. 

The service, dubbed AMC Theatres On Demand, will offer about 2,000 movies for U.S. consumers to rent or buy, allowing them to stream shows at home after they’ve left theaters. Prices will range from $3 and $6 for rentals and $10 and $20 for purchases.

AMC reportedly struck deals with five major movie studios -- Disney, Warner Bros., Universal, Sony, and Paramount -- who signed on to offer their movies on the platform. 

The theater chain previously introduced a service called AMC Stubs, which allowed subscribers to see up to three movies per week at movie theaters.

“The addition of AMC Theatres On Demand, which extends our movie offerings for AMC Stubs members into their homes, makes perfect sense for AMC Theatres, for our studio partners and for our millions of movie-loving guests,” Adam Aron, CEO and President, AMC Theatres, said in a statement. “Through the launch of AMC Theatres On Demand, we can reach movie lovers directly and make it easy for them to access films digitally.”

The company says new releases will become available on the service the same time they become available digitally, “following the traditional theatrical window set by each studio for each movie.” 

Consumers can rent or purchase movies on AMC’s website or mobile app, or through a Roku or SmartTV. AMC said it plans to add more services and devices “in the near future.” The full service is set to launch this week.

In an effort to contend with competition from the at-home streaming service industry, theater chain AMC Entertainment is launching its own streaming progra...

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YouTube is the preferred video-streaming platform among teens

Teens prefer YouTube to Netflix, according to a survey released this week by Piper Jaffray. The firm’s semiannual “Taking Stock With Teens” survey found that 37 percent of teens’ daily video consumption is spent on YouTube, while 35 percent is spent on Netflix. 

Piper Jaffray, an investment bank, said the demographic’s increasing preference for watching videos on YouTube instead of Netflix can be attributed to the platform’s “wide array of teen-oriented content,” such as music videos, video game streaming, and influencer videos. 

While YouTube was teens’ video-viewing platform of choice, the survey found that Netflix was more popular among teens compared to Hulu and Amazon Prime Video. Of the 9,500 teens surveyed, Hulu was preferred by 7 percent and Amazon Prime Video was preferred by just 3 percent of teens. 

Piper Jaffray analysts said competition in the subscription streaming service industry is to be expected in the coming months when Disney launches its Disney+ service and Apple launches Apple TV+ -- “but we believe the market will support multiple players, with Netflix leading the way,” the analysts said. 

"Looking into 2020 and beyond, despite increasing competition from Disney and Apple, we are optimistic regarding ongoing international sub growth and price increases,” the analysts wrote.

The survey also found that cable TV consumption has continued to drop among teens, just as it has among other demographics. Just 12 percent of teens’ daily video time was spent watching cable TV, which represented a 2 percent decrease from the firm’s spring survey and a 14 percent decrease since 2016 when that number was 26 percent.

Teens prefer YouTube to Netflix, according to a survey released this week by Piper Jaffray. The firm’s semiannual “Taking Stock With Teens” survey found th...

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Court blocks FCC rule changes on broadcast media ownership

A federal appeals court has vacated a Federal Communications Commission (FCC) rule that would have liberalized media ownership rules.

In a 2-1 vote, the Third Circuit U.S. Court of Appeals ruled that the agency did not “adequately consider the effect its sweeping rule changes will have on ownership of broadcast media by women and racial minorities."

The court ruled against the FCC because it said it "cited no evidence whatsoever regarding gender diversity," the judges wrote. The FCC had previously stated that there was no available data on female media ownership.

The court said the FCC’s failure to address the impact on female ownership was egregious enough but added that the agency failed to properly consider the evidence of minority ownership.

Drastic changes

Rules covering radio and TV station ownership have changed drastically in the last 40 years. It was not that long ago that the FCC prevented one company from owning more than seven AM, FM, and TV stations, and none in the same market.

Today one company may own hundreds of stations, including multiple stations in a single market.

The FCC adopted a rule in 2017 that eliminated some of the cross-ownership rules, declaring that they had little effect on diversity of ownership. 

The court ruling also overturned a 2018 FCC order that created a special program to help new players in the broadcast industry. The court found that the FCC's definition of "new entrant" made "no overt reference to race, gender, or social disadvantage." 

The FCC says it plans to appeal the court’s ruling. FCC Chairman Ajit Pai complained that the Third Circuit Court of Appeals has consistently assumed FCC authority, attempting to block the agency from modernizing broadcast regulations.

A federal appeals court has vacated a Federal Communications Commission (FCC) rule that would have liberalized media ownership rules.In a 2-1 vote, the...

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MoviePass shuts down indefinitely

MoviePass announced on Friday that it would be shutting down its service on Saturday, September 14. At this time, it’s unclear whether the movie subscription service plans to resume service at any point in the future. 

In a press release, MoviePass parent company Helios and Matheson Analytics said the company’s "efforts to recapitalize MoviePass have not been successful to date." 

"The Company is unable to predict if or when the MoviePass service will continue.” Helios and Matheson Analytics wrote. “The Company is continuing its efforts to seek financing to fund its operations."

In July, MoviePass informed its subscribers that it would be temporarily interrupting service while it worked on improving its app. Prior to that, the company had been forced to change its business model numerous times in an effort to overcome financial struggles. 

Refunds promised 

The service was able to amass nearly 3 million subscribers by offering a $9.95 per month subscription plan, but profitability challenges ensued and subscriber numbers dwindled. As of April, MoviePass’ subscriber count was down to 225,000. 

On its website, MoviePass CEO Mitch Lowe assured subscribers that they will be given a refund for any period of service they had already paid for.  

“Subscribers will not need to request a refund or contact MoviePass customer service to receive a refund,” Lowe wrote. “Subscribers will not be charged during the service interruption. At this point, we are unable to predict if or when the MoviePass service will continue.” 

"We still deeply believe in the need for the MoviePass service in the marketplace, to maintain affordable access to theaters and provide movie lovers with choices of where to go to the movies," he continued. "Although we do not currently know what the future holds for the MoviePass service, we hope to find a path that will enable us to continue the service in the future."

MoviePass announced on Friday that it would be shutting down its service on Saturday, September 14. At this time, it’s unclear whether the movie subscripti...

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CBS and Viacom plan to merge once again

CBS and Viacom, two entertainment companies that once were one company, are joining forces once again. The two entertainment companies have announced an all-stock merger that will form a new company called ViacomCBS Inc.

Should the deal close as expected, CBS’ broadcast network will be part of an entertainment package that will include Viacom's MTV, Nickelodeon and Comedy Central, as well as its Paramount film and TV studio and CBS’ showtime cable network.

Bob Bakish, who heads Viacom, will become CEO of the new company. He’s confident the merged operation can shake things up in the industry.

“Our unique ability to produce premium and popular content for global audiences at scale – for our own platforms and for our partners around the world – will enable us to maximize our business for today, while positioning us to lead for years to come,” Bakish said. 

Not unexpected

Wall Street had been pushing for months for the former partners to patch things up and get back together. The announcement was hardly a surprise to investors who say both companies will be much stronger under one roof.

Industry analysts say the combined company will own a number of powerful consumer brands, as well as one of the largest libraries of valuable intellectual property. The collection includes more than 140,000 TV episodes and more than 3,600 film titles.

The two companies have spent more than $13 billion on content in the last 12 months and that level of investment is expected to continue. The combined company will own the lucrative Star Trek and Mission Impossible franchises.

Broadcast and cable

The combined company will also have one foot in broadcasting and another in cable. While its stations cover key U.S. markets, its cable operations will reach more than 4.3 billion cumulative TV subscribers worldwide. Internationally, it will own broadcast networks in the UK, Argentina and Australia, as well as pay-TV networks across more than 180 countries. 

It will also have significant global production capabilities across five continents – creating content in 45 languages.

CBS and Viacom merged for the first time in 1999, only to split apart in 2005. But as other media mergers took place around them the two companies found themselves much smaller than their rivals and at a competitive disadvantage.

CBS and Viacom, two entertainment companies that once were one company, are joining forces once again. The two entertainment companies have announced an al...

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Disney reveals entertainment bundle for Hulu, Disney+, and ESPN+

Cord-cutters rejoice! Another new streaming service bundle has been announced that will deliver sports, TV shows, movies, and children’s content.

Disney announced this week that it will be bundling ESPN+, Hulu, and Disney+ into one package that consumers can access for $12.99 per month. The offering will become available on November 12.

Disney has been positioning itself to be a major player in the streaming space over the last year. In May, the company took total control of Hulu in a deal with Comcast. The company also announced details for Disney+ back in April; that service will provide consumers with access to kid-friendly classic movies, over a dozen Pixar films, and newer titles that are scheduled for release this year. 

“If consumers want sports, they can subscribe to ESPN+. If they want adult content, they can subscribe to Hulu, and if they want family, there’s Disney(+),” Disney CEO Bob Iger pointed out at the time.

With the new bundle option, that choice may have just gotten easier.

Cord-cutters rejoice! Another new streaming service bundle has been announced that will deliver sports, TV shows, movies, and children’s content.Disney...

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Cord-cutting is becoming the norm for many consumers

If you’ve cancelled your cable TV subscription and are relying on video streaming services for your entertainment, you are no longer just a trend-setter. You may soon be in the majority.

A new forecast from eMarketer predicts that the number of pay TV households in the U.S. will drop by 4 percent by the end of the year to around 86.5 million homes. It further expects the freefall to continue, with pay TV subscriptions falling below 80 million by 2021.

In fact, eMarketer researchers say it won’t be long before there will be as many households going without a pay TV subscription as there are subscribers. The company suggests the industry has arrived at a tipping point, with more consumers preferring to subscribe to services like Netflix, Amazon, and Hulu that cost little more than $10 a month.

That space is about to get even more crowded as Disney, WarnerMedia, and Apple get ready to launch streaming services of their own. And then there’s YouTube, which costs nothing.

Follow the money

According to eMarketer, money may have a lot to do with the wave of cord-cutting. The researchers say pay TV providers have responded to their loss of business by trying to increase profit margins. 

They often offer an attractive introductory price that surges once that limited time period ends. Subscribers often drop the service once the price goes up. There is also little flexibility if a subscriber asks for a lower price in return for not cancelling.

While pay TV services are losing customers, they are also facing higher costs -- which is putting many companies in an increasingly difficult position.

"Their answer has been to raise prices across the board, and it seems that they are willing to lose customers rather than retain them with unprofitable deals," the authors wrote.

Previous research

eMarketer’s research is in line with previous reporting on the subject. Earlier this year, the Convergence Research Group projected that 34 percent of American cable and satellite TV subscribers would cut the cord by the end of 2019.

These consumers sometimes opt for personal bundling of services like Hulu or Sling, where they subscribe to specialty channels they have a particular interest in, like the SEC Sports Network.

Live programming, it seems, is the main thing keeping consumers paying more to subscribe to pay TV services. Sports fans depend on ESPN to see games, and political junkies are hooked on CNN, MSNBC, and FOX News.

Local news, of course, is still available for free over the air. Viewers may need an external antenna, but they can receive it in HD over a regular TV set if they live near a TV station.

If you’ve cancelled your cable TV subscription and are relying on video streaming services for your entertainment, you are no longer just a trend-setter. Y...

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MoviePass temporarily shuts down to make improvements

MoviePass, a movie subscription service that has struggled to stay afloat amid profitability hurdles, has announced that its app and website have been temporarily shut down while it makes “improvements.” 

“For the past several months, MoviePass has been working hard to improve our groundbreaking subscription service to ensure it meets the vision that we have for it,” the company wrote on its website. “We are temporarily not accepting new subscribers as we work on these improvements.”

MoviePass said it estimates the process will take several weeks.

Financial issues

MoviePass sought to win consumers over with its initial $10 a month all-you-can-watch deal. But in 2018, its subscriber numbers plunged as the company faced repercussions from its unsustainable business model. 

In an effort to turn its troubles paying vendors and theatres around, the company changed its subscription plans and limited the number of movies subscribers could see. But customers who had become frustrated with the changes and quit the service drove MoviePass’ subscriber count down to 225,000 by April 2019 from more than 3 million last year, according to Variety. 

MoviePass said it plans to spend the next several weeks trying to “recapitalize in order to facilitate a seamless transition and improved subscriber experience once the service continues.”

The temporary shut down is necessary for the company to work on a revamped version of its app, MoviePass CEO Mitch Lowe said in a statement.

“There’s never a good time to have to do this,” Lowe said. “But to complete the improved version of our app, one that we believe will provide a much better experience for our subscribers, it has to be done.”

MoviePass, a movie subscription service service that has struggled to stay afloat amid profitability hurdles, has announced that its app and website have b...

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Comcast will pay 9.1 million to Washington State to settle ‘slamming’ charges

A Washington State court has ordered Comcast to pay nearly $9.1 million for allegedly charging consumers in the state for a service protection plan without their consent. The court found that the unauthorized charges affected about 31,000 Comcast customers in the state.

In addition to the penalties paid to the state, Comcast has been ordered to make restitution to affected consumers.

“Comcast refused to accept responsibility for its egregious conduct that resulted in Washingtonians losing money every month for a product they did not want or request,” said Washington Attorney General Bob Ferguson. “Instead of making things right for Washingtonians, Comcast sent an army of corporate lawyers into court to try to avoid accountability.”

The $9.1 million penalty is the largest trial award in a state consumer protection case in Washington, even before restitution to taken into consideration. In a statement, Comcast said it is pleased to have resolved the matter and has “fully addressed” the issues raised in the lawsuit.

Allegedly hid the true cost

The court found that Comcast added the additional subscription to the accounts of 30,946 Washingtonians without their knowledge or consent. Additionally it found that the company’s sales reps did not disclose the trust cost of the plan when they sold it to more than 18,000 other consumers.

The court ruled that Comcast must refund affected consumers and pay 12 percent interest on the restitution. The court did not specify the amount of restitution.

“Despite Comcast’s systemic guidelines and policies, the practice of subscribing customers without meaningful consent was widespread,” the judge wrote in his ruling.

Reviewed the tapes

Ferguson says a review of 1,400 customer call recordings and internal company documents shows the sales reps were adding the additional charges to customers’ accounts without their consent and that the company knew they were doing it.

The attorney general says that in at least 34 percent of customer accounts connected to the calls, Comcast added the charge without consent, sometimes after the customer had declined the plan.

The practice is known as “slamming” and was widely used by telephone companies nearly two  decades ago to switch a customer’s long distance service without their permission. Ferguson charges that Comcast did not respond to numerous complaints about the alleged “slamming” until his office filed its lawsuit in 2017.

Ferguson’s complaint says Comcast collected more than $85 million in gross revenue from Washington in monthly charges for the service plan.

A Washington State court has ordered Comcast to pay nearly $9.1 million for allegedly charging consumers in the state for a service protection plan without...

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Video streaming providers start to fight back in the binge-and-cancel game

With cable and satellite video providers playing carrot-and-stick with their “introductory price” scheme and then walloping the consumer with a more costly “regular” rate after the introductory period is over, consumers are doing the same thing back to the providers by playing the “binge-and-cancel” game.

On Thursday, Axios laid out a new study showing that more than 30 percent of all consumers are likely to cancel a subscription streaming service after the show or series they are watching has ended. A more timely data point came out of that Axios/Harris poll, which revealed that 16 percent of HBO subscribers say they planned to cancel their subscriptions once “Game of Thrones” completed its run.

Not all consumers play this game, but evidence is growing that most people plan to hang onto subscription services for less than 6 months after their original sign-up. The bulk of those gamers are from Gen Y millennials at 44 percent. Those numbers drop off slightly with older millennials (41 percent), baby boomers (34 percent), and Gen Xers (30 percent).

An interesting side note in Axios’ research is that the subscription service game is less likely to occur when consumers primarily rely on cable as their primary source. The reasons are logical: consumers don’t want to go through the hassle of rewiring their system and returning the cable box. Signing up or cancelling streaming services can be done online without having to talk to anyone who begs you to stay or offers an “if you’ll stay” deal.

Where this game is headed

Streaming services are onto the binge-and-cancel game and are doing their best to plug the dike. Many are tossing in additional services -- like Spotify recently offering free Hulu with a subscription. Others -- like Amazon Prime -- are creating cultural events like the pop-up delicatessen it rolled out in an effort to buoy its comedy series “The Marvelous Mrs. Maisel.”

This game is going to take a while to play out, so buckle up. Companies are already wheeling and dealing like crazy. Only last week, ConsumerAffairs wrote about the NBCUniversal-Disney-Comcast swap meet.

This week came news that  WarnerMedia is launching its own streaming video subscription service later this year. That one alone could be a disrupter, simply from the fact that it has the rights to fan favorites like Friends, Seinfeld, and The Big Bang Theory.

With cable and satellite video providers playing carrot-and-stick with their “introductory price” scheme and then walloping the consumer with a more costly...

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NBCUniversal, Hulu, Disney, and Comcast involved in a video streaming swap meet

Does cutting the cable cord still make sense? The verdict on that is a while in coming, but the provider market is getting very crowded.

On Thursday, SubscriptionInsider reported that NBCUniversal will join streaming services like Netflix, Hulu, CBS All Access, and Disney+ starting in 2020, but it will give the direct-to-consumer model its own spin.

Specifically, NBC’s ad-supported service will be free to consumers who pay for live TV. As far as what constitutes “live TV,” a regular cable TV subscription such as Spectrum or Comcast should do the trick. So will a satellite service like DirecTV (owned by AT&T).

However, for those who are all-out cord-cutters, NBC’s streaming service will run about $10 a month, but -- and there’s always a but, isn’t there? -- those subscribers will not have access to television shows that play at a pre-scheduled time (“live linear” channels) or same-season shows.

That $10 price tag could change at any time. According to CNBC, Comcast’s original plan was to price the NBCUniversal streaming service for about $12 a month. Then, Disney -- a new player in the streaming game -- priced its new service at $6.99 per month. So, it was either proceed or recede for Comcast, and it decided to lower the price.

To add more drama to this can of worms, Disney took control of Hulu from Comcast this week, which put NBCUniversal in a position of having to up its rate on Hulu, decide whether it wants to still have some of its content on Hulu, and what price it’ll charge if it chooses that option. NBC has three years to make that decision.

If Hulu seems to be at the heart of a lot of these deals, it is. Earlier this year, Spotify offered Hulu as a free add-on to new premium subscribers and students.

This dance is far from over

As you can see, this whole cut-the-cord dance is a) far from something the consumer knows what they’re getting from whom; and b) very complicated.

In addition to Hulu, NBCUniversal, Disney, and Comcast, there’s an entire army of other services wanting consumers’ love: Roku, Amazon’s Prime Video, Netflix, YouTube TV, PhiloTV, PlutoTV, FuboTV, PlayStation Vue, and Apple. The Apple TV app was rolled out to 100+ countries earlier this week via an app that works on Phone, iPad, Apple TV, and select Samsung smart TVs. An AppleTV+ app offering original shows and movies will debut this fall.

Puzzled?

The complication is deciding which streams/channels you really want. One can easily tap into upgrades like HBO, Starz, et al on many of the services, but things get knotty after that.

If you want to subscribe to, say, a service that has your primetime favorites as well as a specific sports channel, you might find yourself subscribing to multiple services. At that point, cobbling all your preferences together could cost you more than you’re paying from a single cable or satellite provider.

“In trying to simplify streaming video sign-ups, these … services have created new complications,” writes Jared Newman, TechHive’s Cord-Cutter Confidential blogger.

Not only do they all make blanket promises like “anywhere,” “anytime,” “unlimited access,” “exclusives,” and “something for everyone,” but Newman points out that there’s also an infinite parade of long-tail stuff like NickHits and Secret Golf that the consumer automatically gets as part of their subscription.

“Each service has a different set of features, along with different restrictions on which devices you can use. They can also be more expensive than individual apps that offer annual subscriptions. And because the biggest streaming services don’t support these Channels marketplaces at all, you still have to deal with multiple apps and billing systems in the end.”

Newman says that if the TV networks are going to befuddle the consumer, then the consumer might want to play the “free trial” game in return.

“With all these new subscription marketplaces comes the ability to burn up more free trials,” Newman said. “Just sign up for a trial to HBO via Amazon Channels, cancel immediately, and enjoy your free week of binge-watching ‘Barry.’ Rinse and repeat with Apple TV Channels and Roku Premium Subscriptions, and then move on down the line to other services like Showtime and Starz.”

Does cutting the cable cord still make sense? The verdict on that is a while in coming, but the provider market is getting very crowded.On Thursday, Su...

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Disney gains total control of Hulu

Disney and Comcast announced Tuesday that Disney will assume full operational control of Hulu, effective immediately.

Under the deal, Disney -- which recently became a majority owner of Hulu -- has agreed to pay Comcast at least $5.8 billion for its Hulu stake within five years.

The agreement states that Comcast's ownership in Hulu will never be less than 21 percent. For its part, Disney has guaranteed that Hulu’s equity value at the time of any sale will be at least $27.5 billion.

NBCUniversal has the right to decide in three years to pull its shows from Hulu altogether and put them on its own service, which is set to debut in 2020. Comcast’s split with Hulu will be complete by 2024.

Supporting its streaming efforts

The pact is another indicator that Disney is serious about competing in the streaming market.

Last month, the company unveiled its new Disney+ streaming service, set to launch in November of this year. The $7 a month streaming platform will include all of Disney's family-friendly classics, 18 of Pixar’s 21 movies, and content from the “Star Wars” franchise and “Avengers” series.

Meanwhile, Disney will use Hulu to provide content that is geared towards adults. The company gained access to content from FX under its $71 billion acquisition of 21st Century Fox.

“We are now able to completely integrate Hulu into our direct-to-consumer business and leverage the full power of The Walt Disney Company’s brands and creative engines to make the service even more compelling and a greater value for consumers,” Disney chairman and CEO Bob Iger said in a statement announcing the agreement.

Disney and Comcast announced Tuesday that Disney will assume full operational control of Hulu, effective immediately.Under the deal, Disney -- which re...

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New study finds more and more consumers are cutting the cord

Earlier this year, ConsumerAffairs reported that the rate of cord-cutting has continued its meteoric rise. Recent reports show that AT&T, Comcast, and Verizon’s first-quarter loss ran precariously close to a million subscribers.

Now comes a new report forecasting a loss of 4.56 million American households by the end of 2019.

The Convergence Research Group -- consultants in the internet, content, telecom, and technology arena -- found that 34 percent of American cable and satellite TV subscribers will cut the cord by the end of 2019 and likely opt for a personal bundling of services like Hulu or Sling, where they subscribe to specialty channels they have a particular interest in, like the SEC Sports Network.

Taking the leap of faith

Cutting the cord and cobbling together the services that are most important is all personal preference. While it would be nice if a streaming provider like Hulu offered every single thing you want, it’s likely you’ll either have to find an additional provider that offers what you’re looking for or learn to live without it.

“Tried cord cutting once a number of years ago but just couldn’t live without all the channels and eventually went back to cable,” posted one user on CordCutters’ Facebook page. “But now that we’ve got all these live streaming and OTA (over-the-air) channels I’ve since cut the cord again and will never go back.”

Despite how much a consumer dislikes having to pay for cable or satellite TV, cutting that cord and creating the perfect bundle can be expensive -- maybe more than basic cable.

“There was hope within the TV industry that skinny bundles from ‘virtual MVPDs (multichannel video programming distributor)’ such as YouTube TV, Hulu and DirecTV Now would help fight cord-cutting,” is how Digiday views the current landscape.

“And to some extent, these services have done that — but at what is proving to be a steep cost. Now, these services are raising prices and looking for other bundling and distribution options in pursuit of profitability and sustainability. What that ultimately proves, yet again, is a very simple fact: No matter how you slice, dice or bundle it, live TV is expensive.”

Please don’t go

Unfortunately for consumers, there are streaming providers that seem to want to hold on to customers at all costs.

“Verizon FIOS is trying hard to lose customers,” writes one ConsumerAffairs reviewer. “I wanted a specific package that I had already been using, I signed a new 2-year contract with the understanding (including an agent sharing with me and assuring me that I will have the channels I watch in particular a golf channel) that I will get the channels I really wanted.”

“They shared the list of channels, etc. Then within two weeks, I found that they had migrated the golf channel to another package. To get it, I need to pay an additional $10 a month. So, the motto of Verizon seems to be, ‘Let's screw the customer. Provide him with a contract and then renege on it.’"

Earlier this year, ConsumerAffairs reported that the rate of cord-cutting has continued its meteoric rise. Recent reports show that AT&T;, Comcast, and Ver...

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Disney’s new streaming service may impact Netflix’s subscriber base

Just under 14.5 percent of Netflix subscribers say they might leave the streaming platform and get Disney+, according to a survey recently conducted by Streaming Observer. That figure would represent a loss of almost 9 million customers for Netflix, which would translate to about $117 million in lost revenue per month.

About 37 percent of Netflix subscribers (or about 22 million users) said they would try Disney’s $7-per-month streaming service, and one in five Netflix subscribers said they are planning to subscribe to both streaming services.

Parents of young kids were more than twice as likely as non-parents to say they would prefer Disney+ over Netflix.

Family-friendly content may compel parents

Of the 602 Netflix users who participated in the survey, 23 percent of users who were parents with children aged 15 and younger said they might cancel Netflix for Disney+. Just 10 percent of respondents without children said they may cancel.

“While Netflix has been steadily adding more kids content to its library, it’s hard to imagine it can match what Disney offers on this front, which could be a source of concern for the streaming giant,” the survey said.

During a first-quarter earnings discussion, Netflix founder and CEO Reed Hastings said that he doesn’t “anticipate that [Disney+ and other new streaming services] will materially affect [Netflix’] growth.”

However, Disney recently said it intends to grow its subscriber base quickly over the next few years by luring consumers with a more affordable monthly fee compared to rival streaming services. Disney said the service’s $7 a month (or $70 a year) price tag is intended to make the service “accessible to as many consumers as possible.”

The company forecasts that it will have amassed between 60 million and 90 million subscribers by the end of 2024. The service is set to launch on November 12.

Just under 14.5 percent of Netflix subscribers say they might leave the streaming platform and get Disney+, according to a survey recently conducted by Str...

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Disney announces pricing for upcoming streaming service

At an “investor day” event on Thursday, Disney revealed additional details about its forthcoming streaming service called Disney Plus, which will compete with video streaming services such as Netflix.

Disney said its new ad-free service will cost $7 a month, or $70 a year. By comparison, Netflix charges a $13 monthly fee to consumers who subscribe to its most popular plan -- a recently announced increase of $2.

The company said Disney Plus, which will launch on November 12, will include all of Disney's kid-friendly classics, 18 of Pixar’s 21 movies, and new titles that will hit theaters this year.

The platform will also include some content that may be of interest to parents, including “Star Wars” movies and all 30 seasons of “The Simpsons” (the latter thanks to its acquisition of 21st Century Fox). Disney Plus will not, however, include any sports content.

“If consumers want sports, they can subscribe to ESPN+. If they want adult content, they can subscribe to Hulu, and if they want family, there’s Disney(+),” CEO Bob Iger said, according to CNBC.

Iger said the platform’s affordability compared to rival streaming services is intended to make the service “accessible to as many consumers as possible.” Disney forecasts that by the end of 2024, it will have amassed between 60 million and 90 million subscribers.

The company told investors that it expects to spend about $1 billion on original content for the service next year and $2 billion by 2024.

At an “investor day” event on Thursday, Disney revealed additional details about its forthcoming streaming service called Disney Plus, which will compete w...

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Disney bans smoking, vaping, and large strollers from its parks

If you’re the type of parent who likes to block walkways with your child’s massive stroller while smoking a vape pen at Disneyland, get prepared to make some changes.

Disney announced yesterday that smoking, vaping, and oversized strollers will be banned from its parks in California and Florida starting May 1.

The parks will no longer have designated smoking areas, meaning that smokers will have to partake outside the gates. As for strollers, Disney says that the devices must be no wider than 31 inches and no longer than 52 inches. Stroller wagons are also prohibited. If a parent’s stroller does not comply, they can rent one from the park for $15.

Disney enthusiasts say that the new rules seem reasonable.

"Restricting stroller size and prohibiting wagon strollers will, hopefully, eliminate the traffic problems they can cause -- blocking walkways, bumping into guests (especially the little ones) and taking up space in queues and elsewhere," the editor of one Disney fan site told CNN.

If you’re the type of parent who likes to block walkways with your child’s massive stroller while smoking a vape pen at Disneyland, get prepared to make so...

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Survey finds many consumers are experiencing ‘subscription fatigue’

At an event on Monday, March 25, Apple is expected to announce the launch of its TV and movie streaming service. However, as the market for streaming services continues to expand, a new survey finds consumers are beginning to suffer from “subscription fatigue.”  

For its 13th annual Digital Media Trends survey, Deloitte surveyed more than 2,000 digital consumers across the U.S. and found that nearly half (47 percent) said the rapidly growing market for streaming services is causing them to experience subscription fatigue.

Deloitte’s survey showed strong growth in streaming video subscription services, with 69 percent of households now subscribing to one or more.

But with more than 300 streaming services now available to choose from -- and in some cases, multiple subscriptions and payments to keep track of -- many consumers are “beginning to feel weighed down” by the number of options and subscriptions to manage.

Crowded market

The new findings come ahead of the launch of several new streaming services, including one from Disney (called Disney+) expected to launch later this year, a service from HBO and Time Warner, and a service from NBCUniversial that will launch next year.

Many upcoming services will focus on offering their own original content, which may translate to the need for many consumers to subscribe to multiple services to ensure they can watch the content they like.

Deloitte’s survey found that over half of consumers (57) surveyed said they feel frustrated when content they enjoy disappears or is no longer on a particular streaming service.

Deloitte predicts that these changing consumer attitudes could lead streaming providers to develop “the next generation of the home entertainment platform” by creating a service that would combine video streaming, music, and gaming all under a single umbrella.

At an event on Monday, March 25, Apple is expected to announce the launch of its TV and movie streaming service. However, as the market for streaming servi...

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Netflix says it won’t be part of Apple’s new TV app

Competition continues to heat up in entertainment media with Apple’s expected announcement next week that it is launching a video streaming service.

The company has an event scheduled for March 25 at the Steve Jobs Theater in Cupertino, Calif., and it has done nothing to temper expectations. The tagline on the event announcement was “It’s show time” and featured a film-inspired countdown.

While it’s not clear what programming will be available, it is known that Netflix content will be absent. Netflix CEO Reed Hastings has confirmed that Netflix won’t participate in Apple’s venture, saying he prefers that people watch Netflix content on the Netflix platform.

Netflix entered the conversation because it is believed Apple will offer subscriptions to other video content channels through its app. Meanwhile, 9to5Mac reports Apple has signed a number of deals to produce original content, including with Oprah Winfrey, Jennifer Anniston,  Reese Witherspoon, and Steve Carell, as well as with directors J.J. Abrams and Steven Spielberg.

Users reportedly will be able to subscribe to Apple’s content and use the app to watch other content they subscribe to, such as HBO.

A premium price

An analyst at Goldman Sachs told Bloomberg News that he expects the Apple Video subscription to cost about $15 a month. That’s slightly more than both Netflix and Amazon Prime.

While Apple is gathering content for the small screen, MoviePass is launching a limited-time promotion for big screen content. It’s offering an “uncapped” subscription plan for $9.95 a month for a limited time if the subscriber pays for a full 12 months. Those who prefer to pay monthly will pay $14.95, $5 off the regular price.

“We are – and have been – listening to our subscribers every day, and we understand that an uncapped subscription plan at the $9.95 price point is the most appealing option to our subscribers,” said Ted Farnsworth, Chairman and CEO of MoviePass’ parent company, Helios and Matheson Analytics Inc.  

Farnsworth says the company has had to modify its service a number of times in order to “continue delivering a movie-going experience to our subscribers.” The company changed its subscription plan at least twice in 2018.

Competition continues to heat up in entertainment media with Apple’s expected announcement next week that it is launching a video streaming service.The...

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The pace of cord-cutting picked up speed last year

Nearly 3 million pay TV subscribers cut the cord last year, with AT&T’s DIRECTV taking the biggest hit, according to an industry report.

Leichtman Research reports the largest pay TV providers in the U.S. lost 2.8 million subscribers in 2018 as more consumers increasingly turned to over the top (OTT) sources of video services. The numbers are worrisome for the industry since cord-cutting nearly doubled from 2017.

Much of the attrition occurred among satellite TV providers. DIRECTV lost more than 1.2 million subscribers last year, up from 554,000 the year before.

In all, satellite TV providers accounted for the lion’s share of cord-cutting, losing more than 2.3 million customers last year.

Cable losses were slightly less

Losses were slightly less among the top six cable TV providers. They shed 910,000 customers last year, an increase over the 680,000 they lost in 2017. Top cable providers together lost 1.9 percent of their customers last year, compared to a 1.4 percent loss in 2017.

There were losses across the board except in the telephone companies’ video services. While the overall category lost ground, AT&T’s U-verse actually added 47,000 subscribers. The category saw its total losses fall from 885,000 in 2017 to 245,000 last year.

While traditional sources of programming lost customers, internet-delivered sources continued to see gains. The top publicly reporting internet-delivered (vMVPD) services, Sling TV and DIRECTV NOW, added about 640,000 subscribers in 2018. That’s significantly fewer than the  1.6 million net adds in 2017.

Lost 3.1 percent of its customers

“The pay-TV market saw net losses increase in 2018.  Overall, the top pay-TV providers lost 3.1 percent of subscribers in 2018 compared to a loss of 1.6 percent in 2017,” said Bruce Leichtman, president and principal analyst for Leichtman Research Group.

Leichtman says the pay TV industry peaked in the first quarter of 2012. Since then, he says about 6 million consumers have cut the cord.

“This reflects a decline of about 10,000,000 subscribers for traditional services, offset by the addition of about 4,000,000 subscribers for the publicly reporting vMVPD services,” he said.

The three largest cable companies lost 730,000 customers last year. Comcast lost 371,000; Charter lost 244,000; and Cox lost 115,000 subscribers.

Nearly 3 million pay TV subscribers cut the cord last year, with AT&T;’s DIRECTV taking the biggest hit, according to an industry report.Leichtman Rese...

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AT&T announces new management team for its media content business

AT&T has begun consolidating its media content assets, acquired in the Time Warner acquisition, in an effort to streamline its entertainment properties.

The move could lead to cost-cutting that would undoubtedly be applauded on Wall Street. Investors have worried in recent months about the level of AT&T debt and the consolidation appears aimed at making the company’s entertainment products more cost-effective.

WarnerMedia CEO John Stankey announced that Robert Greenblatt, most recently chairman for NBC Entertainment, will become chairman of WarnerMedia Entertainment and Direct-to-Consumer.

Other changes were also announced. Jeff Zucker becomes chairman of WarnerMedia News & Sports, and president of CNN. Kevin Tsujihara will continue as Chairman and CEO of Warner Bros. with additional responsibilities including a new global kids and young adults business.

Gerhard Zeiler has been elevated from the position of president, Turner International to WarnerMedia chief revenue officer.

Establishing brands

“We have done an amazing job establishing our brands as leaders in the hearts and minds of consumers,” said Stankey. “Adding Bob Greenblatt to the WarnerMedia family and expanding the leadership scope and responsibilities of Jeff, Kevin, and Gerhard – who collectively have more than 80 years of global media experience and success – gives us the right management team to strategically position our leading portfolio of brands, world-class talent and rich library of intellectual property for future growth.”

AT&T’s acquisition of Time Warner gives its distribution system access to a huge amount of content. The announced changes are designed to give the combined companies the agility and flexibility needed to build WarnerMedia’s brands across a variety of evolving distribution models with an emphasis on the company’s original programming.

“I’m honored to be joining WarnerMedia during such an exciting time for the company and the industry as a whole, and I look forward to working alongside the many talented executives and team members across the company,” Greenblatt said. “WarnerMedia is home to some of the world’s most innovative, creative and successful brands and we’re in a unique position to foster even deeper connections with consumers.”

Opposition to the merger

The U.S. Justice Department went to the mat in an effort to block the merger of AT&T and Time Warner.

The merger was announced in 2016 and drew strong opposition from then-presidential candidate Donald Trump, then engaged in a feud with CNN, a Time Warner property. While poles apart politically, Trump and Bernie Sanders, a democratic socialist senator from Vermont who was seeking the Democratic presidential nomination, were both against the merger.

At the time, Sanders urged the U.S. Justice Department to challenge the deal, saying it "represents a gross concentration of power that runs counter to the public good."

In the end, the Trump Justice Department found no grounds to block the merger. Just last week a federal appeals court found there was no justification for blocking the merger, which took place months earlier.

Last year, the combined companies began piecing together the elements of new content distribution systems, including streaming, and indicated that HBO would play a greater role in its content mix.

AT&T; has begun consolidating its media content assets, acquired in the Time Warner acquisition, in an effort to streamline its entertainment properties....

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MoviePass delisted by Nasdaq following tumultuous 2018

MoviePass ended Wednesday with one foot in the grave.

Less than two weeks after MoviePass subscribers filed a class action lawsuit for pulling a “bait and switch” con, and less than a month since the company went back to its original subscription model in an attempt to win back subscribers, the grim reapers at the Nasdaq have delisted the company.

Once and for all?

The situation is looking bleak for the once-popular movie subscription service. MarketWatch reports that HMNY, the stock for Helio & Matheson Analytics (H&M), MoviePass’ parent company, was suspended from trading when the markets opened on Wednesday. However, the stock will still be available to traders via the over-the-counter market system, where trading can be done directly between two parties, without the supervision of an exchange.

Nasdaq sent H&M word in December that its stock would be delisted if it failed to maintain the minimum $1 bid price and the company appealed, but with no success. H&M has an extra 15 days to ask for one reprieve, but the company says it has no plans to make that move.

What about my movie subscription?

Consumers who are signed up for the movie subscription service can still take advantage of it, at least for the time being.

An H&M spokesperson told CNN that the delisting "has no effect on the day-to-day business operations" of Helios & Matheson and its subsidiaries, including MoviePass, adding that there’s a possibility that MoviePass may be in for a partial spin-off.

MoviePass ended Wednesday with one foot in the grave.Less than two weeks after MoviePass subscribers filed a class action lawsuit for pulling a “bait a...

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Super Bowl ratings hit record 10-year low

Average viewership for Super Bowl XLIII dipped below 100 million, marking the first time since 2009 that ratings were that low.

Nielsen said yesterday’s game scored a 44.9 household rating, a five percent decrease from last year and the lowest score since the 2009 game.

The New England Patriots’ 13-3 victory over the Los Angeles Rams also made for the lowest-scoring game in Super Bowl history, and it was widely described by football fans as one of the most boring games they had ever seen. But that may not have been the only factor.

Amid allegations of racism, unfair calls, and other problems plaguing the NFL, people across the country called for a Super Bowl boycott this year. In New Orleans, Saints fans and others even organized a massive street party to give boycotters alternate entertainment to the big game. Reporters on the scene said the festival was more fun than the actual game.

Average viewership for Super Bowl XLIII dipped below 100 million, marking the first time since 2009 that ratings were that low.Nielsen said yesterday’s...

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Bud Light uses the Super Bowl to start a conversation about corn syrup

What would Super Bowl commercials be without a little controversy?

Anheuser Busch set off the Twitterverse with its commercial promoting the fact that Bud Light contains no corn syrup while the ingredient is part of beers made by the MillerCoors.

While that might not seem offensive to many consumers and viewers of last night’s game between the New England Patriots and Los Angeles Rams, the folks who grow corn didn’t like it one bit.

“America’s corn farmers are disappointed in you,” the American Corn Growers Association (ACGA) said in a tweet directed at Bud Light. “Our office is right down the road! We would love to discuss with you the many benefits of corn!”

The tweet then went on to thank Miller and Coors for supporting the corn industry, thereby making the commercial’s point. In case you missed it, the commercial is below.

Implies that corn syrup isn’t good

In the commercial, Anheuser Busch never explains why its Bud Light product is better because it doesn’t use corn syrup, but it implies that’s the case.

Corn syrup is a sweetener used in place of sugar in a wide range of processed foods and beverages, but there is a difference between regular corn syrup and high fructose corn syrup (HFCS), which is also widely used in processed foods and beverages. The two are often confused.

Dr. Mike Roussell, who writes a nutritional blog, says HFCS is made up of approximately 45 percent glucose and 55 percent fructose. Plain corn syrup is simply glucose, “the most basic sugar molecule.”

Recent studies have suggested HFCS’s high caloric content may play a role in the obesity epidemic, something the beverage industry has pushed back against with research of its own.

A study published on a National Institutes of Health website says the consumption of high fructose corn syrup (HFCS) increased more than 1000 percent between 1970 and 1990, far exceeding the changes in consumption of any other food group.

“HFCS now represents greater than 40 percent of caloric sweeteners added to foods and beverages and is the sole caloric sweetener in soft drinks in the United States,” the authors wrote.

While MillerCoors took to Twitter last night to point out that none of its products contain HFCS, it  claimed “a number” of Anheuser Busch products do. It also claimed that Miller light has fewer calories and carbs than Bud Light.

What would Super Bowl commercials be without a little controversy?Anheuser Busch set off the Twitterverse with its commercial promoting the fact that B...

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Another year, another go for MoviePass

Here we go again…

MoviePass is attempting to revitalize itself for the umpteenth time. Since ConsumerAffairs started writing about the subscription service’s woes, we’ve seen a myriad of changes ranging from subscription plans to a fraud investigation to taking out a $5 million emergency loan to keep the wolf away from its door.

On Thursday, the company decided to return to the core of its original model.

Here’s the deal

Through all its ups and downs, the company firmly believes that it’s found a way to, at minimum, break even. And breaking even is a lot better that throwing in the towel, so -- for now -- here’s MoviePass’ new 3-tiered subscription plans:

  • Select: Choose from a selection of available 2D movies in the app. The available movies are published weekly. See up to three movies per month. Prices vary by zip code -- ConsumerAffairs saw a range from $9.95 to $14.95 per month.

  • All-Access: Choose from ALL 2D movies in MoviePass’ theater network. See up to three movies a month. Prices vary by zip code -- ConsumerAffairs saw a range from $14.95 to $19.95 per month.

  • Red Carpet: Choose from ALL movies in MoviePass’ theater network -- with IMAX and REAL D 3D movies included. See up to three movies per month. Prices vary by zip code -- ConsumerAffairs saw a range of $19.95 to $24.95 per month.

MoviePass claims that it’s beginning to win back subscribers and is feeling a much better vibe than it had in the last year.

“I feel like we’re turning a corner,” Khalid Itum, executive VP of MoviePass, told Variety. Itum also let the cat out of the bag that, coming next week, there’s “some sort of unlimited program” that will give subscribers the clearance to see all the movies they want.

Here we go again…MoviePass is attempting to revitalize itself for the umpteenth time. Since ConsumerAffairs started writing about the subscription serv...

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Hulu to drop price of its most popular plan

Just one week after Netflix raised monthly subscription prices, Hulu has announced that it will be dropping the price of its basic plan to $5.99 per month starting February 26. Hulu’s most popular, ad-supported plan previously cost $7.99 per month.

In its announcement, Hulu also revealed that it will be raising the price of its Live TV plan to $45 per month -- an increase of $5. The streaming service’s on-demand plan without ads will remain unchanged at $12 per month.

Staying competitive in the streaming game

With new streaming services being launched all the time, Hulu is aiming to stay competitive in the video streaming sector.

Netflix announced last week that its most popular plan will now cost $9 per month, up from $8. Netflix said it occasionally raises prices to help offset content costs. At the start of last year, the company said it planned to spend around $8 billion on original TV shows and movies in an effort to boost its subscriber numbers.

While Hulu’s price drop won’t equate to an increase in its revenue, the move “could lock in customers ahead of key streaming launches from media giants,” CNBC noted.

AT&T is set to launch a three-tiered streaming service in late 2019. NBCUniversal also revealed recently that it will be launching its own streaming service for those who pay for traditional TV, and Disney is also gearing up to launch two of its own streaming services.

Hulu announced earlier this year that it added eight million new subscribers in 2018, bringing its total to 25 million. The streamer still has some catching up to do with Netflix, which had about 58 million subscribers as of last fall.

Just one week after Netflix raised monthly subscription prices, Hulu has announced that it will be dropping the price of its basic plan to $5.99 per month...

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YouTube TV expands to subscribers nationwide

As of today, YouTube TV is available to consumers nationwide. On Wednesday, Google said that its TV streaming service will reach 98 percent of U.S. households; the remaining two percent will be reached “shortly thereafter.”

Prior to today’s announcement, YouTube TV was available in the “top 100” markets in the U.S. The service has now been launched in another 95 markets.

“Just in time for the Big Game, you can now bring together some tasty game day snacks with the full experience of YouTube TV,” the company said in a blog post. “That’s exciting news for living rooms, cord-cutters, and cord-nevers in neighborhoods far and wide, from Bozeman to Gainesville, Anchorage to Yuma, and Erie to Topeka.”

More than 60 live channels

The $40-a-month service, which launched in 2017, includes live-streaming from over 60 networks like CNN, ABC and FOX. It also includes local affiliate coverage, premium networks like STARZ for an additional monthly charge, and cloud DVR recording with no storage space limits. To see what channels are available in your area, simply enter your zip code on the company’s website.

YouTube TV saw its subscriber count grow between January 2018 and July 2018, from 300,000 at the start of the year to 800,000 by mid-summer. The company has not shared an update on how many YouTube TV subscribers there currently are.

The expansion puts the service in a position to compete with live-TV streaming rivals such as Sling TV and AT&T’s DirecTV Now, which now have 2.5 million and 1.8 million subscribers, respectively.

As of today, YouTube TV is available to consumers nationwide. On Wednesday, Google said that its TV streaming service will reach 98 percent of U.S. househo...

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NBCUniversal to launch its own streaming service in 2020

NBC has announced that it plans to launch a free, ad-supported streaming service for customers who pay for cable in early 2020.

The service will include 1,500 hours of NBC-TV shows, such as Saturday Night Live, Parks and Recreation, and “hundreds of hours” of Universal movies, the company announced Monday. For those who don’t subscribe to a pay-TV service, the service will cost $12 each month as an ad-free, standalone service.

The launch of NBC’s streaming service is “contingent on striking deals with the largest pay-TV providers, which it hasn’t yet done,” CNBC reported, citing a source with knowledge of the company’s plans.

“Still, the product will be free for customers of those providers, so NBC doesn’t plan on any challenges when it comes to inking those agreements,” the news outlet said.

Banking on ad revenue

The service will be free to Comcast Cable and Sky pay-TV subscribers. However, NBC will air between three and five minutes of ads per hour, said NBCUniversal CEO Steve Burke.

“We think we can get around $5 a month from people who would use a free service,” Burke told the Hollywood Reporter.

“One of the interesting things about this that makes it different and innovative is that we’ll have a big emphasis on free-to-consumer,” Burke said. “We want to create a platform that has significant scale and can scale quickly. The best way to do that, is make it free to consumers and leverage the fact that NBCUniversal’s sister company is a cable company and now owns Sky.”

Prior to the announcement, Disney and AT&T’s Warner Media both said they will launch video-streaming services of their own at the end of 2019. CBS already offers ad-supported streaming for sports and news, as well as a subscription streaming service called CBS All Access. Fox News launched its Fox Nation subscription service toward the end of last year.

NBC has announced that it plans to launch a free, ad-supported streaming service for customers who pay for cable in early 2020. The service will includ...

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Amazon, IMDb launch free streaming service

Amazon and IMDb, a site the online retailer has owned since 1998, have officially launched a free streaming video channel that will be available in the U.S. on the IMDb website and Amazon Fire TV devices.

IMDb Freedive currently offers a selection af around 130 movies and 29 TV titles, but Amazon plans to continually expand the selection and rotate out content. IMDb said the service will soon be “available more widely, including on IMDb’s leading mobile apps.”

"Customers already rely on IMDb to discover movies and TV shows and decide what to watch," IMDb CEO Col Needham said in a statement. "We will continue to enhance IMDb Freedive based on customer feedback and will soon make it available more widely, including on IMDb's leading mobile apps."

A few movies users can watch for free through the platform include "Awakenings," "Monster," "The Illusionist," "The Last Samurai" and "True Romance." Some of the TV shows currently available include "The Bachelor," "Fringe," "Heroes" and "Without a Trace."

Since the service is ad-supported, it doesn’t require a subscription. Freedive joins other ad-supported video on-demand services, including The Roku Channel, Tubi, Vudu, YouTube, and PopcornFlix.

The addition of IMDb Freedive to the growing lineup of streaming options comes on the heels of a recent IAB study showing that 73 percent of adults who typically watch streaming over-the-top (OTT) video say they watch ad-supported OTT video.

Amazon and IMDb, a site the online retailer has owned since 1998, have officially launched a free streaming video channel that will be available in the U.S...

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A new plan to rescue MoviePass shows up at the box office

Here we go again.

MoviePass is rolling out its umpteenth pricing plan. This time, the movie subscription service swears it’s got it right. Not that the company hasn’t said that before, but it’s holding out hope that there’s still a few believers out there.

Mind you, there’s a 50-pound can of if’s, and’s, or but’s, but here’s the basics:

Select plan - $10 a month: Subscribers can see three movies per month, but they’ll have to pick from a menu of titles MoviePass will announce weekly. Subscribers can forget seeing a flick during opening weekends or anything other than standard-issue 2D movies.

All Access plan - $15+ a month: Same as the Select plan except moviegoers can see their choice of any three 2D movies they like.

Red Carpet plan - $20+ a month: Like the others, there’s a cap of three movies a month, but subscribers can also see specially-formatted films such as 3D or IMAX.

Will it work this time?

"What we announced is a solid business plan that will be profitable,” said Mitch Lowe, MoviePass’ CEO, in an interview with CNN. "It actually accelerates our point of time of being profitable versus the go-to-a-movie-everyday (model)."

What Lowe seems to be banking on is the 85 percent of consumers who go to the movies three times a month or less. In MoviePass’ way of thinking, the remaining 15 percent go to the movies so much that it jeopardizes the 85 percent that make the model profitable.

"We already know what the average usage will be in this model and, believe me, it’s closer to one than it is three," Lowe said.

Casual fan or aficionado?

If you live in New York City, where the price of going to a movie runs $16.81 a person, or Silver Springs, Maryland, where an average ticket runs $14.42, rolling the dice on a $15 subscription may make sense. But if you live anywhere else, you should weigh the cost of going to see what you want when you want versus having to kowtow to a restrictive plan like MoviePass’ basic tier.

If there are movie aficionados on your Christmas list, CNN reported that Lowe felt they might be "better served" by AMC’s subscription service, "Stubs A-List."

Here we go again.MoviePass is rolling out its umpteenth pricing plan. This time, the movie subscription service swears it’s got it right. Not that the...

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Nexstar agrees to purchase Tribune Media

Nexstar Media Group has agreed to purchase Tribune Media for $6.4 billion, a deal making it the largest broadcast operation in the U.S.

The acquisition comes just four months after the Federal Communications Commission (FCC) rejected Sinclair Broadcasting’s bid to acquire Tribune. The agency rejected the merger on technical grounds, citing objections to the deal’s structure.

The Sinclair deal also drew opposition from a number of consumer groups that said it concentrated too much media power within one company. It remains to be seen if the Nexstar-Tribune deal draws the same objections.

Tribune Media owns 42 TV stations reaching approximately 50 million households. They would join Nexstar’s 174 stations, giving it an exceptionally large broadcast footprint. According to Nexstar, the combined companies would reach 39 percent of U.S. households.

Fifty percent audience boost

Nexstar CEO Perry Sook says the merger would increase his company’s audience reach by 50 percent.

“Furthermore, the addition of the Tribune Media broadcast assets further expands our geographic diversity, as pro forma for the completion of the transaction, we will serve 18 of the nation’s top 25 markets and 37 of the top 50 markets,” Sook said.

If the deal is approved it would give Nexstar the largest number of TV stations in the U.S., surpassing Sinclair’s 194. Tribune Media has been seeking a buyer since 2012, when it emerged from bankruptcy. It sold off its newspaper assets in 2014.

Based in Chicago, Tribune not only owns TV stations but also cable network WGN America, which reaches 77 million households. It also owns several web-based media operations.

Potential opposition

The deal could face the same kind of grassroots opposition that lined up against the Sinclair bid. The ACLU, American Cable Association, and Communications Workers of America opposed Sinclair’s attempt to buy Tribune, insisting that Sinclair’s conservative edge was not the reason. Rather, the group said it was too many stations for one company to own.

Under current regulations there is no numerical limit on the number of stations one company may own, although the FCC will consider potential overlap in individual markets when two broadcasters merge.

Under the Communications Act of 1934, broadcasters could not own more than seven stations and they could not own more than one station in a single market. That stipulation fell by the wayside as broadcasting began to be deregulated in 1982.

Nexstar Media Group has agreed to purchase Tribune Media for $6.4 billion, a deal making it the largest broadcast operation in the U.S.The acquisition...

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AT&T to launch streaming service with three subscription tiers

AT&T revealed during a presentation in New York to investors that it will use its acquisition of Time Warner to roll out a three-tiered streaming service in late 2019.

Each level of the upcoming streaming service will offer the following, according to The Hollywood Reporter:

  • First tier. An entry-level option that will be “movie-focused” and include films from WarnerMedia’s catalogue.

  • Second tier. A “premium” level that includes WarnerMedia TV series and “blockbuster movies”

  • Third tier. The top level will be an option that “bundles content from the first two plus an extensive library of WarnerMedia and licensed content,” likely to include shows from HBO.

John Stankey, chief executive of WarnerMedia, told reporters on Thursday that the ultimate goal is to have subscribers want access to all three tiers.

"We really want the customer to want all three tiers," he said. "We want the customer to commit all the way."

The multi-tiered approach lets customers start at a price point that is financially comfortable for them but is intended to sow the desire to shell out more for original TV shows and access to WarnerMedia’s extensive collection of films and television series. AT&T CEO Randall Stephenson didn’t say how much each tier would cost.

Competing with Netflix

Disney -- which is set to become Hulu’s majority shareholder once its acquisition of 21st Century Fox is finalized -- is also gearing up to launch new streaming video service in 2019. Disney is reportedly looking to offer a digital bundle option for consumers that will include Hulu and ESPN+.

Companies are rolling out streaming services in an effort to compete with Netflix, which currently has more than 137 million subscribers. AT&T’s DirecTV Now online streaming service is going to lose subscribers this quarter as well as next.

Stankey said competitors like Netflix "should expect their libraries to get a lot thinner" over the next 18-24 months.

“We want to broaden the relevant demographic base,” Stankey told investors. “Our goal now is to open the aperture. We want to pick up more content and get more engagement on digital content.”

"We are well positioned for success as the lines between entertainment and communications continue to blur," Stephenson said. "If you're a media company, you can no longer rely exclusively on wholesale distribution models. You must develop a direct relationship with your viewers. And if you're a communications company, you can no longer rely exclusively on oversized bundles of content."

AT&T was given the green light to merge with Time Warner in June. The acquisition cost $84.5 billion.

AT&T; revealed during a presentation in New York to investors that it will use its acquisition of Time Warner to roll out a three-tiered streaming service...

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YouTube launches lower-cost YouTube Music and Premium plans for students

YouTube is now offering lower-cost YouTube Music and YouTube Music Premium subscription plans for full-time students at an accredited college or university in the U.S.

The new student plans for YouTube Music and YouTube Premium give eligible students “discounted access to a world of music, original series and movies —  all ad-free and at a wallet-friendly price,” YouTube said in a blog post.

YouTube Music Premium plans cost $5 per month for students instead of the usual $10 per month, while YouTube Premium costs $7 per month instead of $12 per month.

Students who sign up before January 31, 2019 can take advantage of a special promotion that offers YouTube Premium -- a platform on which consumers can watch ad-free videos and get access to YouTube Originals -- for $5.99 per month instead of $6.99. That rate that will remain in place for the length of their student membership (for up to four years, says YouTube).

With its new plans for students, YouTube is positioning itself to compete with rival Spotify, which is currently promoting a $4.99 per month student package that includes its music service, as well as Hulu with limited commercials and the TV channel Showtime.

For now, YouTube’s student plans are only available to full-time college students in the U.S., but YouTube says it will extend the offer to more countries in the future.

YouTube -- which launched its streaming services last year -- revealed in May that it had 1.8 billion logged-in monthly users. It hasn’t yet released an estimate of how many users are paying subscribers to YouTube Premium or YouTube Music Premium.

YouTube is now offering lower-cost YouTube Music and YouTube Music Premium subscription plans for full-time students at an accredited college or university...

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Disney to pour billions into its theme parks

Disney will be investing around $24 billion to “supercharge its theme park division,” according to a report from the New York Times. The company will spend more money on parks than it did on Marvel, Lucasfilm, and Pixar combined (more than $15 billion).

Disney’s parks, resorts, and other vacation destinations -- a roster that includes six locations in America, France, China, and Japan, as well as the Disney Cruise Line -- will receive new attractions and immersive upgrades.

“It can’t just be special — it has to be spectacular,” Bob Chapek, Disney’s theme park chairman, told the Times.

‘Enhancement on steroids’

Chapek, who described the overall expansion plan as “enhancement on steroids,” said a major goal is to add capacity to Disney’s most popular parks (Disneyland and Tokyo DisneySea). Other locations will get upgrades that will help spread visitors more evenly throughout the grounds.

“You can only let so many people in a park before you start to impede on satisfaction level,” Chapek said.

Several resorts will get “Frozen” and Marvel rides, and a “Star Wars: Galaxy’s Edge” park is headed to Walt Disney World in Orlando, Florida next year. The latter will feature provide guests with an interactive experience where they can board an Imperial Star Destroyer or “pilot” the Millennium Falcon.

Star Wars enhancements will also arrive at its hotel, where Disney is expected to unveil an experience of sleeping aboard a luxury Star Wars starship. In place of regular windows, the company will have screens projecting a view of space as the ship travels through the galaxy.

Disney’s investment in its Cruise Line will also be significant. The company has ordered three new ships costing roughly $1.25 billion each. Disney is also buying 746 acres on a Bahamian island to build a second Caribbean port.

Parks continue to do well

The company’s parks and resorts have continued to do well in recent years. They’ve seen a 100 percent increase in profits over the last five years. Disney reported an estimated $4.5 billion for the 2018 fiscal year, according to The Times.

“It’s the highest return on investment that Disney has,” said bank analyst at Bank of America Merrill Lynch, Jessica Reif.

By contrast, the company’s TV networks, like ESPN and ABC, pulled in a profit of $6.6 billion, a 3 percent decline.

Disney will be investing around $24 billion to “supercharge its theme park division,” according to a report from the New York Times. The company will spend...

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MoviePass is going to the… dogs?

It’s not April Fools Day, right?

Then, why is MoviePass sending out an email to its customers saying that the company’s marketing department is now being run by a… dog?

MoviePass sent out a note on Thursday to its dwindling email list, saying "Woof! I’m Chloe, the Director of Barketing at MoviePass. I’d like to explain why from time to time you may have had a "ruff" experience with us but it turns out that I’m a dog and I can’t talk."

"What I do know is that I see these humans working like crazy to make MoviePass better and better for you as fast as possible. They are so grateful for your membership and support while they work it out. We’re listening. We’re learning. We’re changing."

Well, Chloe, your "humans" need to work a little harder and a lot faster.

Between jerking customers around with plan changes, trying to 'restore' users’ accounts without permission, an investigation for fraud, borrowing $5 million to keep the company afloat, and racking up hundreds of millions in losses quarter after quarter, 2018 is indeed "the year of the dog" at MoviePass.

Holding out hope?

Psychoanalysis aside, MoviePass’ perky "barketing" seems like just another deflection to keep subscribers, investors, and the legal world distracted.

But, the company may have too much invested in developing and releasing movies to pull down the shade, yet. It could be holding out hope that one of its new releases -- like the sports flick "In Search of Greatness," "The Irishman” with Robert De Niro and Al Pacino, or any of the 12-15 movies it wants to produce and/or release every year -- hits big at the box office and reverses the company’s fortunes.

"We have envisioned owning and developing our own studio content and using the power of our several million subscribers to bolster the success of the box office for our films," MoviePass’ CEO Mitch Lowe told Forbes earlier this year.

"I believe MoviePass Films will accelerate those efforts and demonstrate the power of MoviePass to drive movie theater attendance and downstream sales, for the benefit of moviegoers, movie theaters, studios and the film entertainment ecosystem as a whole."

Lowe has the credentials -- as a Netflix co-founder and president at Redbox -- to run the company, but MoviePass’ parent, Helios and Matheson (HMNY), isn’t helping matters.

HMNY’s track record runs toward deplorable. Accusations of pump-and-dump schemes and claims that its technology division (HMIT) defrauded thousands in the company’s home country of India do little to keep a positive spin on the company’s perception, no matter how many box office smashes MoviePass churns out.

It’s not April Fools Day, right?Then, why is MoviePass sending out an email to its customers saying that the company’s marketing department is now bein...

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Comcast reportedly developing set-top box for internet-only customers

Comcast is developing a video-streaming set-top box for broadband-only customers that would be available sometime in 2019, CNBC reports.

The set-top box will have a voice-activated remote control, similar to devices from Apple and Amazon, according to a source familiar with the matter. The box will aggregate offerings from online streaming services like Netflix, Amazon, Prime and YouTube into a single place.

Executives haven’t decided on the final number of apps and services that will be made available through the product, nor have they decided on a monthly price for the service. Comcast’s new product won’t have cable TV, but it will give users option to rent movies and shows.

Comcast also wants the set-top box to serve as a smart home hub for its internet-only customers. The upcoming box would enable users to control things like thermostats, smart-locks, and anything else that is connected to the internet.

News of the company’s planned hardware follows a recent report showing that more than a million consumers ditched their traditional TV subscription in the third quarter.

Comcast announced last month that it added 334,000 residential broadband subscribers in third quarter. The company currently has about 25 million home broadband customers.

Comcast is developing a video-streaming set-top box for broadband-only customers that would be available sometime in 2019, CNBC reports.The set-top box...

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Cord cutting isn’t showing signs of slowing down

The nine largest traditional TV providers lost about 1.1 million subscribers between July and September 2018, according to research firm MoffetNathanson.

The latest figure represents another staggering quarterly subscriber loss for cable and satellite TV providers.

Satellite services DirecTV and Dish Network lost the most subscribers last quarter, accounting for two-thirds of the industry losses. Dish lost 367,000 customers -- its highest quarterly loss ever. DirecTV lost a net 297,000 subscribers during the quarter.

Cord cutting accelerates

In August, MoffettNathanson said the rate at which consumers were canceling their pay TV subscriptions appeared to be dropping. The firm found that pay TV subscriptions declined by 3.3 percent in Q2, a one-tenth of a percentage point improvement over the prior year.

However, the latest tally suggests the trend of cord cutting isn’t slowing down at all. Rich Greenfield, a media and technology analyst with financial services firm BTIG in New York, said the last quarter was TV’s “third-worst quarter in industry history and worst since Q2 2016."

The 1.1 million figure doesn’t account for live TV streaming services such as Dish’s Sling TV, AT&T’s DirecTV Now, Hulu with Live TV, and YouTube TV. But streaming alternatives haven’t reported growth high enough to offset subscriber losses to traditional TV, partially due to competition from other digital live TV alternatives such as Google's YouTube TV, Sony's PlayStation Vue and Fubo TV and non-live TV alternatives like Amazon and Netflix.

Analysts at MoffetNathanson said slowing growth for DirecTV Now and Sling TV could suggest "price sensitivity" of broadband-delivered TV services may be "turning out to be greater than expected" after several of the services raised their prices.

The nine largest traditional TV providers lost about 1.1 million subscribers between July and September 2018, according to research firm MoffetNathanson....

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The T-Mobile/Sprint merger catches the ire of New York’s Attorney General

T-Mobile’s proposed merger with Sprint has come under scrutiny at New York’s Attorney General’s (AG) office. According to the New York Post, at issue are concerns that the two companies could jack up prices on less expensive prepaid services if their packages are combined.

This isn’t the first red flag that’s been waved. It was only last month that the FCC pressed the pause button on the merger after the two mobile giants determined that the engineering model was more complex than thought and the companies needed more time to review it as well as respond to the “various economic analyses” in the FCC’s Petitions to Deny.

The Post reports that New York AG Barbara Underwood began examining the arrangement soon after Sprint and T-Mobile announced their $26 billion merger. According to sources, Underwood’s staff already views T-Mobile’s MetroPCS service and Sprint’s Boost and Virgin Mobile services as aggressive and has asked executives at both companies for clarification on how pricing would be postured.

President Trump’s Department of Justice (DOJ) has just begun a review of the prepaid markets and has yet to make any conclusions, a source familiar with its thinking told the Post.

In discussions with federal regulators, T-Mobile’s brass tried to angle that the two services serve different types of customers and, because of that, T-Mobile told the FCC that it didn’t plan to dispose of or consolidate any of the lower-priced, prepaid services if its merger with Sprint gets approval.

“The business plan calls for aggressive pricing from day one,” said T-Mobile executives according to the Post’s report.

Would the merger “cut the cord” for people of color?

Naysayers aren’t biting, however, and say that the companies need to promise the customers who depend on prepaid wireless services that they won’t see their costs go up.

In reality, this merger would make life harder for everyone — especially low-income communities and people of color, who disproportionately rely on T-Mobile and Sprint for more affordable plans and prepaid services,” wrote Collette Watson of media watcher Free Press.

“If the merger goes through, the new gigantic T-Mobile will have no reason to compete for low-income customers and others on the margins of society. Three companies -- T-Mobile, AT&T, and Verizon -- will control the market and call the shots.”

“The new T-Mobile won’t be the ‘Un-Carrier’ we grew to love. It will be a corporate behemoth like Verizon, with the power to set prices as it sees fit and no pressure to make services affordable,” wrote Watson.

It’s this or nothing at all for Sprint

All of this is making Sprint, for one, nervous. The company says it can't promise it’ll make it as a solo act if the merger isn’t approved.

According to a Federal Communications Commission (FCC) filing, Sprint said it is losing customers at a meteoric rate and has had to cut $10 billion from its budget to make ends meet.

Sprint claims there’s no fat left to trim which, in turn, puts it in a losing position to try and be competitive as technology advances. Its only saving grace appears to be the T-Mobile merger.

T-Mobile’s proposed merger with Sprint has come under scrutiny at New York’s Attorney General’s (AG) office. According to the New York Post, at issue are c...

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MoviePass takes another shot at staying alive

On the business scale ranging from brilliant down to laughable, MoviePass is pushing its luck.

Again.

Tuesday, MoviePass’s parent company Helios and Matheson (HMNY) announced that its board of directors has preliminarily approved a plan to spin off the gasping movie subscription service into its own company.

To pull this off -- considering the company gets regulatory approval -- HMNY would create a new subsidiary named MoviePass Entertainment Holdings Inc. which would assume the shares of MoviePass Inc. as well as the company’s other movie-related assets. The proposition calls for a stock dividend of a minority of the holding company's stock which would permit Helios and Matheson to hang on to a controlling interest.

HMNY’s maneuver is a bit maze-like, but essentially the spun-off entity would include the production unit MoviePass Films, the movie listing and information service Moviefone, and the film acquisition division MoviePass Ventures which produced ‘The Row,’ ‘American Animals,’ and ‘Gotti’ featuring John Travolta.

“For many years, HMNY has been focused on data analytics, and in that capacity we own assets like Zone Technologies which provides a safety and navigation app for iOS and Android users and a global security concierge service,” said Ted Farnsworth, Chairman and Chief Executive Officer of HMNY, in the company’s announcement.

“Since we acquired control of MoviePass in December 2017, HMNY largely has become synonymous with MoviePass in the public’s eye, leading us to believe that our shareholders and the market perception of HMNY might benefit from separating our movie-related assets from the rest of our company.”

On the news of MoviePass’ move, its stock held at 2 cents a share, but it fell below that mark after the market opened on Wednesday.

Try as it might...

The once golden child of subscription models has fallen on its sword time after time, and many are surprised that the company keeps rolling the dice when it should probably be working on its last will and testament. Only last week, the New York Attorney General launched an investigation of possible fraud by MoviePass’ parent company.

Over the last decade, the HMNY story has become a business version of Twister -- one so convoluted that a biopic of its twists and turns, questions of pump-and-dump, and an accusation of its technology sibling HMIT (Helios and Matheson Information Technology) defrauding thousands in the company’s home country of India -- may have been a box office smash.

“I do not expect HMNY to survive this year, although I hope it does, as I'll hate to see MoviePass die along with it,” wrote a blogger on crowd-sourced Financial commentary and analysis site SeekingAlpha.

“I believe the MoviePass business model, although faced with nearly insurmountable challenges, has a real chance at survival, especially under the leadership of Mitch Lowe. But given the kind of folks running HMNY, I think anyone that wants to touch it, should not throw any serious money at it.”

On the business scale ranging from brilliant down to laughable, MoviePass is pushing its luck.Again.Tuesday, MoviePass’s parent company Helios and...

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MoviePass’ parent company under investigation for fraud

Another week, another MoviePass on-the-ropes story?

Yep.

CNBC reports that an investigation into MoviePass’ owners, Helios and Matheson, reportedly deceiving investors is underway.

The main focus of the New York Attorney General’s office is to ascertain “whether the company misled the investment community regarding the company’s financials.” The attorney general is leveraging New York’s Martin Act, a New York anti-fraud law, widely considered to be the most severe blue sky law in the country.

The Martin Act has proved to have some mighty teeth; it has served as the basis for a number of high-profile cases, including a 2002 investigation of Merrill-Lynch for alleged conflicts of interest, the 2012 suit against Bank of New York Mellon Corp. for allegedly defrauding customers through foreign currency transactions, and CitiBank’s use of an illegal account sweeping program.

“We are aware of the New York Attorney General’s inquiry and are fully cooperating,” a Helios and Matheson representative said in emailed statements to members of the press.

“We believe our public disclosures have been complete, timely and truthful and we have not misled investors. We look forward to the opportunity to demonstrate that to the New York Attorney General.”

MoviePass’ never-ending story

Waking up and seeing the Attorney General’s folks at your front door is just another day for MoviePass. The movie theater subscription service has been underwater for months, trying everything from modifying its ticketing plans to trying to 'restore' users’ accounts without permission.

The company seems desperate to find something -- anything -- that will stop the bleeding of quarterly losses that amount to hundreds of millions. It was only a month ago that the company’s proposed one-for-500 reverse stock split sent the shares tumbling out of control to little more than a penny in value.

MoviePass’ subscribers are jumping ship by the score, too. “UR service now officially sucks. For $9.95/mo U went from unlimited 2 3 movies per month.*NOW* I only have *1* movie that shows up N UR app each day that I can C?! #SinkingShip,” tweeted one unhappy subscriber.

Don’t forget: movie-loving consumers have other choices

MoviePass isn’t the only movie rodeo in town. While its subscription service continues to stumble, AMC Theatres’ subscription plan seems to be the king-in-waiting. AMC’s deal continues to pick up steam with more than 400,000 members according to Subscription Insider.

“While we do not plan to issue A-List enrollment statistics on a weekly basis, our hitting more than 400,000 enrolled members only three months and a week after launching the program is an enormous milestone,” said AMC Theatres’ CEO and president Adam Aron.

“Those who have been following our progress with A-List are aware that we had originally expected 500,000 enrollments at the one-year mark and 1,000,000 enrollments at the two-year mark. Above our wildest hopes, in just 14 weeks, we have achieved 80 percent of our one-year goal and 40 percent of our two-year goal. This all bodes well for the future of increased moviegoing in America.”

Consumers have other movie plans to choose from besides AMC’s. There’s Sinemia, which offers 3 Movie Tickets for only $9.99, and Cinemark which offers a single ticket for $8.99 a month. The main draw that Cinemark’s plan offers is a “rollover” trigger for those who don’t use their ticket in a month’s time.

Another week, another MoviePass on-the-ropes story?Yep.CNBC reports that an investigation into MoviePass’ owners, Helios and Matheson, reportedly d...

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AT&T jumps in the streaming pool with both feet and big promises

On Tuesday, AT&T's WarnerMedia announced its intent to launch a new streaming service by late 2019.

The streaming field is crowded with Netflix, Amazon Prime Video, and Disney's imminent streaming service, but AT&T’s assets catapults the company to the top of the content food chain.

The stream will be built on the backbone of the company’s successful HBO Now, an app- and smart TV-driven service which streams live and on-demand HBO programming.

That HBO connection will certainly allow the company to connect a lot of content dots. Besides the flagship service, HBO brings niche channels like HBO Comedy and HBO Family, plus its massive movie library, sports shows like Inside the NFL, and sisterhood with Cinemax and others.

“This is another benefit of the AT&T/Time Warner merger,” said WarnerMedia CEO John Starkey in announcing the company’s plans. “We are committed to launching a compelling and competitive product that will serve as a complement to our existing businesses and help us to expand our reach by offering a new choice for entertainment with the WarnerMedia collection of films, television series, libraries, documentaries and animation loved by consumers around the world.”

Warner gears up for skirmish with competitors

WarnerMedia’s assets include Turner, Boomerang, FilmStruck, and of course, the treasure trove of Warner Brothers with its library of 100,000+ hours of programming.

According to CNN, WarnerMedia is still mulling over specifics like pricing and a moniker for the new service, as well as how far it will go in tapping its own CNN news programming.

One thing that’s for certain is that given the number of content barons that have gobbled the others up, WarnerMedia will have to traverse a thick underbrush of existing deals it already has in place with distributors like Comcast and Netflix. Warner appears ready for that possible skirmish.

"We expect to create such a compelling product that it will help distributors increase consumer penetration of their current packages and help us successfully reach more customers," the company said in its filing with the Securities & Exchange Commission (SEC).

The cable-cutting continues

There’s barely a month that goes by without a streaming service trying out a new angle to move consumers from cable to a la carte channels. Netflix always has a new wrinkle it’s testing; Hulu is starting to find its own groove after four years in the game; and upstarts like Sling are doing their best to find a place in the app space of smart TVs.

Consumers keep cutting the cable cord and putting their satellite dish in the recycling bin. First quarter losses in 2018 amounted to 375,000 satellite subscribers and 285,000 for cable.

On Tuesday, AT&T's WarnerMedia announced its intent to launch a new streaming service by late 2019.The streaming field is crowded with Netflix, Amazon...

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MoviePass tries to 'restore' users’ accounts without permission

Will the last MoviePass subscriber leaving the theatre, please turn out the lights?

The neverending saga of MoviePass may have reached the end. Or, at least, one might hope so.

MoviePass has decided to add insult to injury by taking one last swing at keeping the lights on.  According to the Verge, the company’s latest last gasp effort comes in the form of pinging a “select test group” of customers who the company says didn't opt into its latest three-movies-a-month deal.

The ultimatum

In the emails to those customers, MoviePass was heavy-handed, saying that those subscribers' accounts will be reactivated unless they officially opt-out by jumping through the hoop of clicking on a specific link.

“To be clear, unless you opt out, your unlimited subscription will be restored and you will begin enjoying unlimited movies again (up to 1 new movie title per day based on existing inventory) at $9.95 a month, and your credit card on file will be charged on a monthly basis beginning Friday, October 5, 2018,” said the email.

Month after month, the movie subscription service has been thought to be on the brink of closing its doors for good, but it always seems to come up with some twist that keeps its financial hope, albeit faint, alive. Only a couple of weeks ago, the company made a last gasp play at staying afloat via a proposed one-for-500 reverse stock split. As of yet, the gimmick hasn’t worked and MoviePass’ stock still sits below 2 cents a share.

Be sure to check your email

ConsumerAffairs hasn’t heard from any customers who previously “officially” cancelled their MoviePass membership but still received the “auto-renewal” email.

Still, with the tone of this ploy and the ever-present technical wrinkles, consumers should double-check their inboxes to make 100 percent sure they’re not being re-enrolled and set up for automatic -- and recurring -- billing.

Will the last MoviePass subscriber leaving the theatre, please turn out the lights?The neverending saga of MoviePass may have reached the end. Or, at l...

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Disney says yes to selling its stake in Sky to Comcast

It was only last week that Comcast landed UK TV magnate Sky. Now, the Walt Disney Company has agreed to permit 21st Century Fox to sell its stake in Sky -- 39 percent -- to Comcast for roughly $15 billion.

As ConsumerAffairs readers know, this mega-media wedding dance has been long and fraught with partnership proposals.

In the end, the bidding war for Sky came down to a fight-to-the-finish between Comcast and Fox. In Fox’s corner, the company had been angling to acquire the remainder of Sky, while Comcast was maneuvering the purchase of Fox. Eventually, Comcast gave up hope on its bid for Fox and redirected all its energies on acquiring Sky.

"Along with the net proceeds from the divestiture of the RSNs (regional sports networks), the sale of Fox's Sky holdings will substantially reduce the cost of our overall acquisition and allow us to aggressively invest in building and creating high-quality content for our direct-to-consumer platforms to meet the growing demands of viewers," said Robert A. Iger, Chairman and Chief Executive Officer, The Walt Disney Company, in a statement.

Comcast says ‘bring it!’

Comcast comes into this deal loaded for bear. Over the last 10 years, the company’s stake in news and journalism has become significant.

It increased its investment in news production by 40 percent with more than $1 billion spent on news production in the last year alone. Its cable footprint covers 39 states and 29 million subscribers. And its content team has a very deep bench including NBC, Telemundo, NBC News, CNBC, MSNBC, NBC Sports, USA Network, E!, Bravo, and Syfy.

Having Sky on its squad makes Comcast a geographic double threat, allowing it to extend its reach into another 20 million homes in United Kingdom, Ireland, Germany, Austria, Italy and Spain, plus rights for 18 different professional sports from horse racing to soccer. It also lines the company’s pockets with nearly $17 billion in annual revenue.

Goodbye bundle?

The great cable channel bundle may have seen better days. It’s a new day, thanks in part to over-the-top media services (OTT) -- content providers that distribute streaming media as a standalone product directly to viewers over the Internet, bypassing traditional means like TV as a distributor of such content -- and broadcasters want their toes in as many content streams as possible.

Channel bundling was a cable TV darling for nearly 30 years, but cable providers are seeing subscribers drop like flies.

The reckoning is now officially here. Broadcasting companies know full well that they need to grow their content assortment and widen their global reach to compete with nouveau riche rivals like Netflix -- or sell.

“You’ve got high prices, big bundles, and broadband,” said Warren Schlichting, group president of Sling TV in comments to Bloomberg News. “At some stage, the consumer is going to revolt.”

It was only last week that Comcast landed UK TV magnate Sky. Now, the Walt Disney Company has agreed to permit 21st Century Fox to sell its stake in Sky --...

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Ticketmaster caught partnering with scalpers, hiding tickets from fans

Concert and sporting event tickets could become even more expensive if Ticketmaster gets its way.

The ticketing behemoth has been accused of using its near-monopoly on the market to form a profitable relationship with scalpers, according to a new report by The Canadian Broadcasting Corporation and the Toronto Star.

Because Ticketmaster also operates a ticket reselling service, going into business with scalpers allows Ticketmaster to collect numerous, hefty fees on the same ticket.

Undercover journalists posing as scalpers attended a ticketing industry conference this summer in Las Vegas, where Ticketmaster employees approached them with an odd business opportunity: an invitation to game Ticketmaster’s site without worrying about getting caught.

Accused of encouraging scalpers

According to the journalists, Ticketmaster salespeople assured scalpers at the event that they wouldn’t get caught for using bots, false identifies or other tricks to hog ticket sales.  

"It's not something that we look at or report,” a Ticketmaster representative is quoted as saying.

It’s not a secret that Ticketmaster has been able to aggressively inflate the cost of concert tickets thanks to its 2010 merger with concert promoter Live Nation and a notorious fee-based model. Some government research suggests that Ticketmaster and Live Nation fees inflate the price of concert tickets by as much as 27 percent.

Music fans may love to hate Ticketmaster, but they often have no choice but to pay its fees if they want to see a show at one of the hundreds of venues across the country operated by Live Nation.

Artificially creating higher demand

Fees now only appear to be telling part of the story behind Ticketmaster’s success.

An analysis of a Bruno Mars concert in Canada by the Canadian Broadcasting Corporation also suggests that Ticketmaster arbitrarily keeps hundreds of seats unavailable and raises prices hours or days after they initially go on sale, part of an attempt to artificially create higher demand.

As for scalping, it’s not a secret that Ticketmaster has ties to the industry. Ticketmaster for years has operated a resale service of its own in an attempt to compete with firms like StubHub.

But consumers who buy resold tickets through Ticketmaster may not realize how much higher the fees will be.

On one ticket, ”Ticketmaster collected $25.75 on a $209.50 ticket on the initial sale,” the Canadian Broadcasting Corporation says. “When the owner posted it for resale for $400 on Ticketmaster, the company stood to collect an additional $76 on the same ticket.”

In a statement responding to the new reports, Ticketmaster distanced itself from the ticketing business altogether. Taking a page out of the sharing economy playbook, Ticketmaster instead characterized itself as a simple online service that connects people.

“Ticketmaster is a technology platform that helps artists and teams connect with their fans. We do not own the ticket sold on our platform nor do we have any control over ticket pricing,” the company said.

Concert and sporting event tickets could become even more expensive if Ticketmaster gets its way. The ticketing behemoth is using its near-monopoly on...

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MoviePass makes a last gasp play at staying afloat

Like they say, desperate people do desperate things. With only $10 million left in MoviePass’ piggybank, the movie subscription service’s parent company -- Helios and Matheson -- is asking its shareholders to weigh in on a plan that could increase the stock by as much as 500 times.

The company’s proposed one-for-500 reverse stock split sent the shares tumbling out of control on Monday to little more than a penny in value -- a far cry from the stock’s 2018 high of $2,442 in February.

Helios and Matheson’s proposed plan was outlined in a new document filed Monday with the Securities and Exchange Commission, and a vote is set for an October 18 shareholder meeting. A blessing from the shareholders would enable stockholders to swap as many as 500 shares for a single share worth about 500 times as much.

If all goes according to plan, the stock price could theoretically move from about its current penny’s worth to as much as $10, which should be sufficient to keep the stock trading on the Nasdaq stock exchange. Nasdaq has given Helios and Matheson fair warning that its stock might be delisted because of its low value.

MoviePass has tried this trick before. In July, it attempted to juice its stock from 8 cents to $21 with a similar move, but stock buyers weren’t biting and the new price fell below $1 in a matter of days, forcing the company to borrow an emergency $5 million to keep things afloat.

The woebegone saga continues

It was only a year ago when MoviePass was a darling in the subscription model world. Its $10 a month all-you-can-watch deal may have been a homerun for movie lovers, but it couldn’t be sustained when it came to paying vendors and theatres.

After its original business model proved itself implausible, the company changed its subscription plans and the movies it made available.

For the moment, MoviePass offers customers the ability to watch three movies per month for $9.95 with restrictions on the number of titles a moviegoer can watch at any given time.

It remains to be seen if anyone can pull off a movie subscription model and make it attractive enough for movie lovers to give up being a couch potato with their Netflix or Amazon Prime Video subscriptions. Sinemia, another movie subscription service just announced a $30 a month deal for a movie-a-day at any theatre with no blackouts. The catch there is that to get that rate, a subscriber has to fork over $359.88, a single year’s subscription fee, in advance.

Like they say, desperate people do desperate things. With only $10 million left in MoviePass’ piggybank, the movie subscription service’s parent company --...

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Amazon is looking to buy a chain of movie theaters

Amazon is currently in the running to buy Landmark Theaters -- a private movie theater chain with 56 locations across the country that specializes in independent and foreign films. Currently, the company is run by Mark Cuban and Todd Wagner’s company 2929 Entertainment.

According to Bloomberg, which first broke the story last week, talks could still fall apart, as Amazon is one among several other interested parties at this point. Amazon, 2929 Entertainment, and Landmark have yet to comment on the proceedings.

“This is probably a move to get broader distribution of film content,” said Leo Kulp, an analyst with RBC Capital Markets LLC. “Netflix had been discussed as a potential buyer of Landmark for a similar reason.”

Why Amazon would move to the movies

While many are scratching their heads as to why Amazon’s next big thing would be movie theaters, several analysts see it as a smart next move for the company.

Though known primarily as an internet shopping service, the company has since branched out to include Whole Foods under its umbrella, and it has never shied away from expansion opportunities.

“For the first 25 years of the internet we’ve seen the world in two competing domains: digital and physical,” said Gene Munster, managing partner with venture capital firm Loup Ventures. “Amazon clearly believes the future of the internet lies in the convergence of digital and physical offerings to meet customer needs.”

Jonathan Kuntz, a film historian and lecturer at the UCLA School of Theater, Film, and Television believes acquiring Landmark could help bolster Amazon’s reputation in a new arena.

“Amazon is buying a little bit of prestige -- the quality end of the market,” Kuntz said.

The Landmark deal could also bring new users to Amazon’s Prime platform. According to Eric Wold, an analyst at B. Riley FBR, regular theatergoers may not currently be Prime members -- the subscription service needed to stream Amazon Prime Video content. The theaters could serve as a physical space to screen Amazon’s content, while also encouraging theatergoers to subscribe to Prime.

Bloomberg predicts the price for Landmark would be small, but Amazon is likely to get a huge buzz for entering the physical consumer world in a new realm.

“I don’t know the dollar values involved here, but they are not betting the whole company on the Landmark deal,” Kuntz said.

Amazon is currently in the running to buy Landmark Theaters -- a private movie theater chain with 56 locations across the country that specializes in indep...

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MoviePass confesses to $126 million quarterly loss and faces a lawsuit from investors

To borrow a line from ‘Monty Python and the Holy Grail,’ it may be time to “bring out your dead.”

MoviePass, the subscription ticketing service, can retort with “I’m not dead” all it wants, but it may be soon.

Helios and Matheson, MoviePass’ parent company, posted a humiliating quarterly earnings report on Tuesday, disclosing that the company’s operating losses have mushroomed from less than $3 million in the second quarter of 2017 to $126.6 million in the second quarter of 2018.

MoviePass has tried every trick in the book to reframe its model, but time is running out. At the rate it’s going through the money in its bank account -- approximately $73 million a month -- the service could well be belly-up by October.

Investors cry foul

As if losing millions isn’t enough of a bad day at the box office, the folks at MoviePass are also facing a lawsuit. On Monday, Helios and Matheson Analytics Inc. investors filed a class action suit alleging that the company pulled the wool over the public’s eyes regarding the profitability of MoviePass before the stock tanked, according to a filing submitted in New York federal court on Monday.

"Helios was touting MoviePass’ valuation and path to profitability even though there was no reasonable basis to even imply that the MoviePass business model could lead to profitability for Helios," reads the filing by shareholder Jeffrey Braxton.

"MoviePass’ business model was not sustainable because there was no reasonable basis to believe that MoviePass could monetize the model to a degree that could be maintained before being too buried in debt to survive."

The class action group might be getting some love from MoviePass’ competition. The group’s Twitter account, @MoviePassLaw, claims that “AMC has contacted us, before our Moviepass case is presented to the Supreme Court they are hoping to provide each victim a one-year subscription to AMC Stubs A-List. Fantastic! Moviepass has failed us and we will show them!”

To borrow a line from ‘Monty Python and the Holy Grail,’ it may be time to “bring out your dead.”MoviePass, the subscription ticketing service, can ret...

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MoviePass now limiting subscribers to two movie choices per day

Earlier this month, MoviePass announced that it would be dropping its all-you-can-watch for $9.95 per month plan and replacing it with a plan that allows three movies for $9.95 a month.

Now, the movie subscription service is forcing moviegoers to choose between just two movies a day, the New York Post reports.

On Friday, hours before the app crashed, consumers had to choose between “Slenderman” and “Mission Impossible: Fallout.” However, those not interested in seeing the horror film with less-than-stellar reviews didn’t have very good odds of securing the showtime they wanted.

At an AMC location in Times Square, Mission Impossible was only available at two showtimes for those using MoviePass: one in the mid-afternoon and the other at around 10:45 pm.

Maintaining financial stability

MoviePass CEO Mitch Lowe confirmed the change in an interview with The Post and implied that the policy was only temporary and intended to stem its financial loss during the time before it moves to its three-movies-a-month plan in September.

“Unfortunately, in order to stay financially stable we’ve had to curtail the service,” Lowe said. “We had to right the ship as far as the amount of money we were burning.”

Lowe suggested that, over the next few weeks, subscribers may see the movie selection change throughout the day. He insisted that MoviePass wasn’t intentionally offering inconvenient showtimes.

“This has been a challenging time for us and our customers. We’re just trying to save our service to be able to be available long term,” he said.

The CEO said that investors were confident in the company’s new pricing plan but are waiting to see what percentage of customers were willing to continue to use the service under the new three-movies-per-month plan.

Consumers not interested in continuing to use MoviePass under the new policy have alternatives, including AMC’s $20-per-month service which lets users see three movies a week. Another option is Sinemia, which lets subscribers see three movies per month for $14.99 and requires a $19.95 initiation fee.

Earlier this month, MoviePass announced that it would be dropping its all-you-can-watch for $9.95 per month plan and replacing it with a plan that allows t...

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Tribune, Sinclair officially break it off

Tribune Media and Sinclair Broadcast Group have called off their planned merger. It wasn't an amicable break-up.

Tribune is suing its former suitor, claiming breach of contract. In a conference call with reporters, Tribune CEO Peter Kern laid the blame on Sinclair, saying the broadcaster only pursued its own interests, damaging the deal.

Regardless of who is responsible, the merger faced a rough regulatory road. Last month, Federal Communications Commission (FCC) Chairman Ajit Pai expressed reservations, suggesting Sinclair's plan to sell some of its TV stations wouldn't go far enough to satisfy regulators.

"The evidence we've received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law," Pai said.

In particular, regulators expressed concern that Sinclair's divestiture plan involved selling the stations to entities close to the Smith family, the principal shareholders. Days later, the FCC passed on the deal.

Would have been the largest broadcaster

In essence, all of Tribune's 42 TV stations would have moved to Sinclair, raising Sinclair’s total ownership to 215 stations. In their application to the FCC, the combined companies said the new arrangement would reach 72 percent of U.S. television households and would own and operate the largest number of broadcast television stations of any station group.

The proposed deal had also become a political lightning rod, since progressive groups have criticized Sinclair stations for displaying an alleged conservative bias in news coverage.

But the American Civil Liberties Union (ACLU) said its opposition to the deal had nothing to do with ideology. Rather, the group said it didn't like the idea of one company owning more than 200 TV stations, "virtually guaranteeing less viewpoint diversity in local news.”

Before broadcasting was deregulated in the early 1980s, no one corporation could own more than seven television stations.

Tribune Media and Sinclair Broadcast Group have called off their planned merger. It wasn't an amicable break-up.Tribune is suing its former suitor, cla...

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MoviePass decides on a plan that should solve its woes

On the eve of the first anniversary of its $9.95 price point, MoviePass has finally found a solution it likes and is sticking to it.

The subscription service announced on Tuesday that it’s moving from the all-you-can-watch for $9.95 per month plan to a plan that allows three movies for $9.95 a month.

MoviePass spent the last two weeks putting on its own horror show — one that included shutting subscribers out of seeing the latest chapter in the Tom Cruise ‘Mission: Impossible’ series and borrowing an emergency $5 million to pay its processing partner.

“We know that at times, the frequent changes to our service have been frustrating to you,” wrote MoviePass chief Mitch Lowe in an email to subscribers.

“Over the last year, we have tried different things and we’ve discovered what our members love about our service — the low price point and the ability to go to more than 91 percent of theaters nationwide. We’ve also learned what people don’t like about the service — features including Peak Pricing and Ticket Verification.”

Lowe claims his company’s changes cater to the majority of MoviePass’ movie-going customer base. Backing up that assertion, Lowe pointed to a research study which showed that 85 percent of MoviePass members go to three movies or less per month.

The deal going forward

Under MoviePass’ new plan:

  • Members will be able to see up to three standard movies per month for $9.95 and be given up to a $5.00 discount to any additional movie tickets purchased.

  • Many major studio first-run films will be included; however, there will be some exceptions.

  • Peak Pricing and Ticket Verification requirements for all members will be suspended.

Lowe said that MoviePass members with a monthly subscription renewing on or after August 15th will be given the option in the MoviePass app to transition to the new plan. Quarterly and annual subscribers will not be impacted until their renewal date.

Deal or no deal?

MoviePass’ decision may have quieted the moviegoers yelling “Fire!,” but its relentlessness in yanking the customer’s chain left many in its subscriber base still complaining.

“This is why I canceled #MoviePass. The constant spin & utter lack of accountability for ANYTHING. You offered an impossible deal, people took advantage of it, now it’s ‘unfair’ that they did so. I’m happy over at AMC A-List, which MoviePass mocked, now offering 4x the movies,” tweeted film critic Dan Murrell.

Still, the service has its believers. In a StrawPoll about the change, the early results show that at least half of MoviePass subscribers plan to hang on to their membership.

Are there other options?

For those who: a) live in a large market where movie ticket prices are high; or b) those who will actually go to three movies a month, MoviePass’ three-for-$9.95 can still be considered a good deal.

But for those looking for alternatives to MoviePass, the AMC Theatre conglomerate’s “Stubs A-List” offers three movies a week for $19.95 a month. The AMC chain has produced none of the same consumer fright that MoviePass did, and may be in a better position to cut deals with movie producers because it can commit to system-wide deals for its 661 U.S. theatres and 8,200 screens.

Sinemia is another MoviePass competitor. Its current promotion is three movies per month for $14.99 and requires a $19.95 initiation fee.

On the eve of the first anniversary of its $9.95 price point, MoviePass has finally found a solution it likes and is sticking to it.The subscription se...

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Government files brief to overturn AT&T-Time Warner merger

The Justice Department (DOJ) has submitted its brief explaining why it thinks an appeals court should overturn a judge's decision to approve the merger of AT&T and Time Warner.

The government claims U.S. District Judge Richard Leon "ignored mainstream economics" and refused to see the "appreciable danger" to consumers when he rejected the government's attempt to block the $85 billion deal.

In its case against the union, the Justice Department had argued that AT&T and Time Warner would have enormous bargaining power in its dealings with pay-TV distributors if they were allowed to join forces.

Popular networks give it bargaining power

Because the combined entity would control popular cable networks like CNN, TBS, and TNT, the government argued it could raise the price and competitors like Comcast and Dish Network would have to pay it. Otherwise, AT&T could limit those networks to DIRECTV, an AT&T subsidiary.

The government argued that the judge "gave no consideration to the fact that these distributors had a direct and immediate stake as customers in the negotiations with Time Warner."

In a 172 page opinion, Leon dismissed those concerns and others, telling the Justice Department lawyers that they had failed to make their case. In a statement to the media after the DOJ filed its brief, AT&T General Counsel David McAtee agreed, saying the government should call it a day

"Appeals aren't 'do-overs," McAtee said. "After a long trial, Judge Leon weighed the evidence and rendered a comprehensive 172-page decision that systematically exposed each of the many holes in the government's case. There is nothing in DOJ's brief today that should disturb that decision."

Other critics of the deal

The government's argument is supported by some consumer groups and other critics of the deal, who worry AT&T can now favor content from Time Warner on its network, particularly now that it is legal to do so with the demise of net neutrality.

The Trump administration Justice Department sided with those critics, filing a suit to block the merger back in March and claiming the combination of the two companies would be harmful to competition.

The government said AT&T is not only a huge wireless provider, it now has a foot firmly planted in content production since Time Warner is one of the nation's largest content providers.

It's not clear what would happen if the appeals court sides with the government. AT&T and Time Warner completed their merger in late June, with Time Warner operating under a new division called Warner Media.

The Justice Department (DOJ) has submitted its brief explaining why it thinks an appeals court should overturn a judge's decision to approve the merger of...

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MoviePass borrows an emergency $5 million to keep its service alive

To spin a line from “The Godfather,” MoviePass’ mantra of “I’m going to make them an offer they can’t refuse” took a turn for the worse over the weekend.

First, the subscription-based movie ticketing service had to take out a $5 million emergency loan to pay fulfillment partners so customers could keep using the service.

It seems MoviePass’ parent company, Helios and Matheson Analytics, had failed to pay the companies that are in charge of customers’ payments, so the contractors simply stopped processing the payments which, in turn, left MoviePass customers without a way to buy tickets.

Ironically, the title of the new Tom Cruise movie -- ‘Mission: Impossible - Fallout’ -- was next on MoviePass’ list of faux pas as customers were prevented from seeing the new flick.

MoviePass danced around the heart of the matter when it tweeted out its “issues” on Thursday. First it was, “To our subscribers - we are aware an investigating an issue that is preventing users from checking-in to movies this evening. We ask for your patience as we look into this and recommend waiting for further updates before heading to the theater.”

Then it was, “We are still experiencing technical issues with our card-based check-in process and we are diligently working to resolve the issue.”

That was later followed up with, “We've determined this issue is not with our card processor partners and will be continuing to work on a fix throughout this evening and night. If you have not headed to the theater yet, we recommend waiting for a resolution or utilizing e-ticketing which is not impacted.”

So, what’s it going to be, MoviePass?

The company’s CEO Mitch Lowe did his best to rally MoviePass’ 3 million users, but his comments veered more towards the new demand-based pricing model and away from the $9.95 a month all-you-can-see model.

“As we continue to evolve the service, certain movies may not always be available in every theater on our platform,” Lowe said in a statement on Friday. “The first of those features, Peak Pricing, has rolled out nationally. Bring-a-Guest and Premium Features will begin rolling out soon.”

Lowe’s hue and cry about MoviePass trying to “fundamentally change an industry that hasn’t evolved much in years” is a worthy crusade, but are moviegoers willing to work through the subscription’s provisos in order to get a good deal?

“Don't get me wrong. Between the $5m loans and mission impossible and the surges costing as much as a ticket, moviepass is doomed,” wrote a subscriber on Reddit.

“But i'm gonna ride it till the end because surge pricing and card outages and stub photos don't affect partner theaters with e-ticketing. And it just so happens that my local e-ticketing theaters have the specific releases I am most interested in. And amc a-list is the better service but amc does not get the movies I like. I will be milking this service until the day it dies.”

For the movie buff -- particularly those patient enough to work within MoviePass’ rules -- $9.95 a month for all-you-can-watch can still be a pretty good deal -- especially when you compare that to the cost of a single ticket. The National Association of Theater Owners reported that the average ticket price for a movie was $9.16 in the first quarter of 2018 versus the same quarter a year ago at $8.84.

To spin a line from “The Godfather,” MoviePass’ mantra of “I’m going to make them an offer they can’t refuse” took a turn for the worse over the weekend....

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New York bans Spectrum cable for failing state residents

The New York State Public Service Commission voted 3-0 on Friday to rescind its approval of Charter Communications' merger with Time Warner Cable.

The Commission alleges that Spectrum, the state’s largest TV and Internet service provider, repeatedly failed honor commitments when it came to properly serving customers.

The merger was approved in 2016 on the condition that the company extend its services to 145,000 homes within four years, with a focus on unserved or underserved areas of the state. Now, regulators say Spectrum has “made clear that it has no intention of providing the public benefits upon which the Commission's earlier approval was conditioned.”

“After more than a year of administrative enforcement efforts to bring Charter into compliance with the Commission’s merger order, the time has come for stronger actions to protect New Yorkers and the public interest,” Commission Chair John B. Rhodes said in the official announcement.

“Charter’s non-compliance and brazenly disrespectful behavior toward New York State and its customers necessitates the actions taken today seeking court-ordered penalties for its failures, and revoking the Charter merger approval.”

The company has been ordered to cease its operations in the state, as well as pay a fine of $3 million. Spectrum must also provide uninterrupted service during the transition period.

Charter intends to contest

Charter Communications, the owner of Spectrum, has been given 60 days to formulate an exit plan while the state seeks a new service provider. Charter has said it will contest the order and has claimed the commission’s actions were “politically motivated.”

“In the weeks leading up to an election, rhetoric often becomes politically charged,” the company said. “But the fact is that Spectrum has extended the reach of our advanced broadband network to more than 86,000 New York homes and businesses since our merger agreement with the PSC.”

“Our 11,000 diverse and locally based workers, who serve millions of customers in the state every day, remain focused on delivering faster and better broadband to more New Yorkers, as we promised,” the company said.

Aija Leiponen, a professor of applied economics and management at Cornell University says the dispute could result in a long court battle.

"I see legal ramifications, and they will take some time," Leiponen told Syracuse.com. "I expect thorough and tedious negotiations between them, but I wouldn't rule out a major lawsuit."

The New York State Public Service Commission voted 3-0 on Friday to rescind its approval of Charter Communications' merger with Time Warner Cable.The C...

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DOJ investigating Sinclair, Tribune over ad sales practices

The Justice Department is investigating whether local TV station owners including Sinclair Broadcast Group and Tribune Company violated antitrust laws in the way their ad sales teams communicated with one another about their performance, according to The Wall Street Journal.

The coordinated efforts between the ad sales teams might have led to higher rates for TV commercials, the Journal said, citing sources familiar with the matter. The probe was launched following an examination of Sinclair’s proposed $3.9 billion acquisition of Tribune by the Antitrust Division.

“It is our policy not to comment on a potential investigation. It is our understanding that this is not specific to Sinclair, but focuses on the larger broadcast industry,” a Sinclair spokesperson told the Journal.

FCC opposes

The proposed merger between Sinclair and Tribute would create a broadcast television station with more than 200 stations.

In their application to the FCC, the two media companies said they would reach 72 percent of American households under the deal. The combined companies would own and operate the largest number of broadcast television stations of any station group.

Last week, FCC Chairman Ajit Pai expressed “serious concerns” about the plans, particularly the proposed “sidecar agreements” that would allow Sinclair to retain control of stations without owning them.

The FCC voted unanimously to send the merger to an administrative law judge for review -- a move that Republican FCC Commissioner Michael O’Rielly called a “de facto merger death sentence.”

On Thursday, President Trump voiced his displeasure over the FCC’s opposition to the Sinclair-Tribune merger.

"So sad and unfair that the FCC wouldn't approve the Sinclair Broadcast merger with Tribune," the president said in his tweet. "This would have been a great and much needed Conservative voice for and of the People. Liberal Fake News NBC and Comcast gets approved, much bigger, but not Sinclair. Disgraceful!"

The Justice Department is investigating whether local TV station owners including Sinclair Broadcast Group and Tribune Company violated antitrust laws in t...

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Report finds consumers dropping pay TV at a record pace

The news just keeps getting worse for your local cable company.

A new report from eMarketer shows consumers have stepped up their pace of “cord-cutting” by cancelling pay TV subscriptions and using streaming services instead.

The report projects the number of adults who have cancelled a cable or satellite TV service and will continue without it will rise 32.8 percent this year, to a total of 33 million.

A year ago, the number of cord-cutters was expected to grow by only 22 percent. The new forecast leaves pay TV services with about 186.7 million subscribers this year, down 3.8 percent from 2017.

Pay TV-OTT partnerships

To stop the hemorrhaging, Christopher Bendtsen, eMarketer's senior forecasting analyst, says most pay TV providers found ways to integrate the most popular over-the-top (OTT) streaming service, Netflix, into their systems.

“These partnerships are still in the early stages, so we don’t foresee them having a significant impact reducing churn this year,” Bendtsen said. “With more pay TV and OTT partnerships expected in the future, combined with other strategies, providers could eventually slow—but not stop—the losses.”

Meanwhile, the eMarketer analysis shows OTT streaming services are growing just as fast as pay TV is losing customers. It says viewership increases for YouTube, Netflix, Amazon, and Hulu are being fueled by increases in original video content.

Increasingly, OTT services have found ways to provide live TV channels, so that consumers can pair a couple of these streaming services together and have all the TV they want to watch, at much less cost than subscribing to cable.

For example, while the typical mid-tier pay TV package is normally around $100 a month or more, OTT subscriptions are typically between $10 and $15 a month. A consumer subscribing to two or three services can put together a customized viewing package at a huge savings – if they cut the cord.

Losing track of subscription costs

But consumers who continue to subscribe to pay TV, while adding OTT subscriptions to supplement their viewing choices, are adding to their monthly budget. A new report suggests many consumers are blissfully unaware of how much extra they are spending.

Researchers at Waterstone, a management consulting firm, asked consumers to estimate how much they spend each month on subscription services, including OTT video streaming services like Netflix.

They found the average consumer underestimates the total costs of monthly subscriptions by 197 percent.

“Clearly, most Americans are unaware of how much they spend on subscription services,” the authors write. “When pressed for a quick answer, they dramatically underestimate the amount.”

Since so many industries have moved to a subscription business model, the report concludes it makes it harder for consumers to keep track of their subscription costs, which tend to be small amounts but, added together, take a big bite out of the typical household budget

The news just keeps getting worse for your local cable company.A new report from emarketer shows consumers have stepped up their pace of “cord-cutting,...

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FCC gives the final thumbs-down to the Sinclair-Tribune merger

In an unanimous vote likely to quash the deal, the Federal Communications Commission (FCC) has voted against approval of Sinclair Broadcast Group’s purchase of Tribune Media Company.

In a nutshell, the FCC thought Sinclair’s plan was fraught with too many ifs, ands, or buts. FCC Chairman Ajit Pai’s disapproval of the merger is centered around the structure of the acquisition. Pai says Sinclair's plans for divested stations would violate the law and recommended a “hearing designation order” (HDO) which would require Sinclair to appear before an administrative law judge and explain its offenses, a move that could kill the deal completely.

"When the FCC confronts disputed issues like these, the Communications Act does not allow it to approve a transaction,” Pai said. “Instead, the law requires the FCC to designate the transaction for a hearing in order to get to the bottom of those disputed issues.”

The proposed merger between Sinclair and Tribune Media was quite a can of worms. In essence, all of Tribune's 42 TV stations would move to Sinclair, raising Sinclair’s total ownership to 215 stations. In their application to the FCC, the combined companies said the new arrangement would reach 72 percent of U.S. television households and would own and operate the largest number of broadcast television stations of any station group.

Too much influence?

Naysayers had been lining up in opposition to the merger. The ACLU, American Cable Association, National Hispanic Media Coalition, Free Press, Newsmax Media, and the Communications Workers of America all submitted thunderous objections.

“Our opposition to the Sinclair merger has nothing to do with where Sinclair sits on the ideological spectrum,” the ACLU wrote in a press release. “The problem is that Sinclair’s attempt to acquire Tribune Media would give it control over some 200 TV stations, virtually guaranteeing less viewpoint diversity in local news.”

The public wasn’t shy about its issues with the deal, either.

At a public protest outside Sinclair’s Hunt Valley MD headquarters where it was holding its annual meeting, Max Obuszewski of Baltimore held a sign that read “enough is enough.”

“I’m against the merger of bringing so many stations together, and I’d be opposed even if it was a more progressive diet of news,” Obuszewski told The Baltimore Sun. “Nobody should have so much concentration of the media. … And you have political messages disguised as news. I’m very offended by that.”

In an unanimous vote likely to quash the deal, the Federal Communications Commission (FCC) has voted against approval of Sinclair Broadcast Group’s purchas...

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Comcast drops its bid for Fox

This morning, Comcast announced it will no longer be in the mix to acquire 21st Century Fox and its film and television assets. Instead, the company will focus on the acquisition of the European satellite provider Sky. The decision is likely to clear the way for Disney, who recently upped its bid to $71.3 billion -- split between cash and stock.

“Comcast does not intend to pursue further the acquisition of the Twenty-First Century Fox assets, and, instead, will focus on our recommended offer for Sky,” the company said in a statement.

Brian L. Roberts, Chairman and CEO of Comcast, said, “I’d like to congratulate Bob Iger and the team at Disney and commend the Murdoch family and Fox for creating such a desirable and respected company.”

Fox has currently set a shareholder meeting for July 27 to vote on the deal with Disney. If either Comcast or Fox’s acquisition of Sky has yet to be completed by that date, Disney would be forced to bid £14 a share for the 61 percent of Sky that Fox doesn’t own -- which is less than the £14.75 a share that Comcast offered last week.

History with Disney

Last December, Fox and Disney agreed to a $54.2 billion deal that would include control over many of Fox’s assets, including: the FX and Nat Geo cable channels, the 20th Century Fox film studio, and Fox’s stake in Hulu.

Then, just last month, Comcast came onto the scene with an “unsolicited” $65 billion offer.

That prompted Disney to raise its bid to $71.3 billion in late June. The new deal increases the value of Disney’s original offer from $28 a share at $52.4 billion to $38 a share at $71.3 billion -- plus a new cash component. At the time of the bid’s announcement, a Fox representative said the offer was “superior to the proposal” from Comcast.

Fox’s Executive Chairman Rupert Murdoch said a Disney-Fox merger “will create one of the greatest, most innovative companies in the world.”

“We are extremely proud of the businesses we have built at 21st Century Fox, and firmly believe that this combination with Disney will unlock even more value for shareholders as the new Disney continues to set the pace at a dynamic time for our industry,” Murdoch said.

Comcast and Sky

Now out of the bidding war for Fox, Comcast is looking to focus its efforts on acquiring Sky Network.

Early last month, 21st Century Fox was given the green light to proceed in negotiations for Sky Network, in an entirely different bidding war involving both Disney and Comcast. Initially, U.K. Culture Minister Matt Hancock was skeptical of the United Kingdom’s media losing its independence based on the Murdoch family’s influence. However, both Sky and Fox were pleased with the decision.

Comcast made a $29 million offer for the British broadcasting network, and acquiring the company would be a huge win. Sky currently has 23 million subscribers across five countries, and owns broadcasting rights that are particularly valuable in today’s market, such as English Premier League games, Formula One races, and other sporting events.

This morning, Comcast announced it will no longer be in the mix to acquire 21st Century Fox and its film and television assets. Instead, the company will f...

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AT&T plans big changes for HBO

If you subscribe to HBO, get ready for some changes. AT&T, the new owner, has served notice that the premium content provider, acquired in the Time Warner merger, is going to have to contribute more to the bottom line.

The New York Times, which obtained a recording of a town hall meeting with HBO employees, reports John Stankey, now heading AT&T's new Warner Media division, is setting an ambitious goal of producing more content and attracting more viewers.

“It’s going to be a tough year,” Stankey said. “It’s going to be a lot of work to alter and change direction a little bit.”

Lately, HBO has been known for producing a limited amount of quality programming, like Game of Thrones and Westworld. HBO is most often marketed to cable and satellite TV customers as a premium tier.

Fighting for smartphone viewers

Going forward, Stankey told employees the network will have to change, producing more content to compete with providers that distribute through smartphone apps.

The AT&T executive set out the twin goals of expanding HBO's subscriber base and increasing the number of hours consumers watch HBO content.

“We need hours a day,” Stankey said during the presentation. “It’s not hours a week, and it’s not hours a month. We need hours a day. You are competing with devices that sit in people’s hands that capture their attention every 15 minutes.”

HBO currently spends about $2 billion a year on content, much of it critically acclaimed. Since there has yet to be any discussion of increasing HBO's budget – AT&T went significantly into debt to purchase Time Warner – the assumption is the network must do more with its current budget.

Could lead to a dip in quality

Both Stankey and HBO CEO Richard Plepler, who hosted the session, admitted that increasing the amount of content the network produces could lead to a dip in quality. But Stankey said producing more content is a key strategy in attracting more subscribers and convincing them to watch longer.

Stankey said HBO needs to change from being a boutique network, with an emphasis on its Sunday night line up, to “something bigger, broader.” He didn't say “like Netflix,” but there is little doubt that's what he meant.

Netflix has become the dominant streaming service with a massive increase in original content, not all of it award-winning. However, it spends more to produce it than other content providers.

In the session, Stankey signaled AT&T's willingness to invest more in HBO to help it compete in the ever-shifting media landscape.

If you subscribe to HBO, get ready for some changes. AT&T;, the new owner, has served notice that the premium content provider, acquired in the Time Warner...

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MoviePass changes its subscription plan once again

Remember the old adage “if it seems too good to be true, it probably is?” That’s what MoviePass’ three million users might be thinking after the company added a kicker called “summer surge pricing” to its existing subscription plan.

Couched as an “evolution of our product,” the company’s Peak Pricing addendum “goes into effect when there’s high demand for a movie or showtime,” according to an email to MoviePass’ subscribers.

“You may be asked to pay a small additional fee depending on the level of demand. You can avoid the surcharge by selecting a different showtime or movie. Over the coming weeks we’ll also be introducing Peak Pass, which will allow you to waive one peak fee per month,” the company wrote to its customers.

The long and winding road

The monthly subscription service’s path to success has been long and winding. Since launching in 2011, MoviePass has bounced through several pricing configurations ranging from plans based on market size and the number of movies a subscriber could view in a month to monthly fees ranging from $30 down to the current $9.95.

The $9.95 plan proved to be the pivot point the company was hoping for, and its membership skyrocketed from there.

“After years of studying and analysis, we found that people want to go to the movies more often, but the pricing keeps going up, and that prevents them from going more. We're making it more affordable for people," MoviePass CEO Mitch Lowe said at the time of the $9.95/month relaunch.

The fine print

The company’s frequent changes to its terms of use and changes in subscription prices have created confusion and frustration with its subscriber base. However, MoviePass is putting the responsibility of staying clued in on the consumer.

“MoviePass reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without prior notice,” reads its latest terms of use dated July 5, 2018.

“IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE, AND THE MOVIEPASS APP PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE AND THE SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES,” the company emphasized.

To long-term subscribers, this is more than a tempest in a teapot.  “MoviePass CEO trying to convince shareholders that surge pricing, company merchandise, changing the Terms of Service twice a month and manipulating audience scores for their own movies will somehow save the company,” posted one Twitter user.

On Facebook, another subscriber threw up her hands and simply quit: “We just cancelled!! So sick of the bait and switch!!! DONE!!!”

Is there an alternative?

Movie lovers are no longer stuck with MoviePass alone. Since the company’s rise, two new players have come in ready to give solace to MoviePass’ ex-pats.

The nation’s largest theatre chain -- AMC -- just rolled out “AMC Stubs A-List” and offers three tickets per week for the monthly price of $19.95. Members collect points from concession purchases and have access to premium formats like IMAX and 3D. The only real downside is that you are limited to AMC theatres, whereas MoviePass has deals with a variety of movie chains.

Another entry in the movie subscription game is Sinemia. Its price tier runs from $4.99 per month for 1 standard movie ticket up to $14.99 per month for 3 of any movie ticket (3D, 4D, IMAX included).

Both AMC and Sinemia offer subscribers the option to watch a movie more than one time versus MoviePass’ one-and-done restriction.

Remember the old adage “if it seems too good to be true, it probably is?” That’s what MoviePass’ three million users might be thinking after the company ad...

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AT&T to launch ‘skinny bundle’ service next week

AT&T has unveiled a new video service called WatchTV, a skinny bundle of channels that will be available “on virtually any smartphone, as well as on certain streaming devices.”

AT&T said Thursday that its new service will feature 31 TV channels, including recently acquired CNN, TNT, and TBS, as well as channels from AMC Networks, Discovery Communications, and Viacom.

Coming "soon" after launch, AT&T says it will add BET, Comedy Central, MTV2, Nicktoons, Teen Nick and VH1 to its live channel lineup. In addition to live channels, there will be 15,000 movies and TV shows available for on-demand viewing.

For non-AT&T customers, the package will be available as a standalone service for as little as $15 per month. It will be offered free to AT&T customers with AT&T’s “Unlimited & More" or “Unlimited & More Premium" plans. The new unlimited data plans and WatchTV launch next week.

Competing with streaming services

The debut of the new service comes as a growing number of consumers are choosing to drop traditional pay-TV and instead get their entertainment through video-on-demand streaming services such as Netflix and Hulu.

The new offering also comes a week after the telecommunications giant closed its deal to acquire Time Warner and renamed the entity WarnerMedia. During testimony related to obtaining regulatory approval for its acquisition of Time Warner, CEO Randall Stephenson noted that traditional cable lost 3 million subscribers on a base of 90 million in 2017.

AT&T’s new service for cord-cutters will compete with Netflix, Sling TV, CBS All Access, and other streamers, as well as with big cable providers like Comcast and Charter Communications.

”We were the first wireless provider to bring entertainment and unlimited data together, and, once again, we’re redefining what that means,” said David Christopher, president of AT&T Mobility and Entertainment, on Thursday.

“This is no longer about including one channel or service with your wireless plan, but an incredible lineup of content that delivers more of what you care about," Christopher said.

AT&T; has unveiled a new video service called WatchTV, a skinny bundle of channels that will be available “on virtually any smartphone, as well as on certa...

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Disney ups its offer for 21st Century Fox assets

The Walt Disney Company has raised its bid for 21st Century Fox's movie and television assets to $71.3 billion, the two companies announced on Wednesday.

The new deal increases the value of Disney’s original December 2017 offer from $28 a share at $52.4 billion to $38 a share at $71.3 billion, with a new cash component.

A representative for Fox said this agreement "is superior to the proposal" from Comcast made earlier this month. The new Fox-Disney deal would let Fox shareholders receive their consideration "in the form of cash or stock,” subject to 50/50 proration.

Bidding war has begun

Last week, Comcast put in a competing offer to buy the assets at $35 per share for a total of $65 billion in cash. The offer followed the U.S. Justice Department’s approval of AT&T’s merger with Time Warner.

Disney has now topped Comcast’s offer.

In a statement on Wednesday, Fox's Executive Chairman Rupert Murdoch said a Fox-Disney combination "will create one of the greatest, most innovative companies in the world."

"We are extremely proud of the businesses we have built at 21st Century Fox, and firmly believe that this combination with Disney will unlock even more value for shareholders as the new Disney continues to set the pace at a dynamic time for our industry."

"We remain convinced that the combination of [Fox's] iconic assets, brands and franchises with Disney's will create one of the greatest, most innovative companies in the world,” Murdoch added.

Whichever company ends up winning the bidding war for 21st Century Fox will gain control of Twentieth Century Fox Television and Twentieth Century Fox, Fox Searchlight Pictures, Fox 2000 film production studios, and Fox’s 30 percent stake in Hulu.

Disney CEO Robert Iger Murdoch said in a statement Wednesday that the Fox-Disney combination would allow Disney to create more appealing content, expand its direct-to-consumer offerings, grow its international presence, and "deliver more personalized and compelling entertainment experiences to meet growing consumer demand around the world."

The Walt Disney Company has raised its bid for 21st Century Fox's movie and television assets to $71.3 billion, the two companies announced on Wednesday. ...

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ACLU speaks out against proposed Sinclair-Tribune merger

The American Civil Liberties Union (ACLU) is trying to convince federal regulators to block a controversial proposed merger between Sinclair Broadcasting Group and Tribune Media company, the group said on Tuesday.

The influential organization could add some muscle to consumer advocates’ otherwise uphill battle in convincing a big business-friendly FCC to block the merger.

The ACLU and others say that the merger, if allowed to go through, would give one corporation an unprecedented amount of control over local media.

In a comment it submitted to the Federal Communications Commission (FCC) on Tuesday, the ACLU argued that neither Sinclair or the Tribune have proven that joining forces would serve the public interest.

“This proposed merger, which would create the largest television broadcasting company in history, is anticompetitive to its core, in direct contradiction of the Commission's public interest requirement,” the ACLU’s public comment says.

“Our opposition to the Sinclair merger has nothing to do with where Sinclair sits on the ideological spectrum,” the ACLU adds in a press release. “The problem is that Sinclair’s attempt to acquire Tribune Media would give it control over some 200 TV stations, virtually guaranteeing less viewpoint diversity in local news.”

Monopolizing local news

The Sinclair Broadcasting Group is already enormously powerful, owning an estimated 200 local news channels in 100 markets, or a reach that expands into nearly 40 percent of American households. This control was made abundantly clear to viewers in March, when local anchors across the company were required to film a commercial and read the same script warning viewers about “one-sided, irresponsible news sources plaguing our country.”

If it merges with Tribune Media, Sinclair would reach an estimated 72 percent of American households. Some analysts predict that the $6 billion deal would allow the company to build a conservative network to rival Fox News.

The FCC under Trump seems poised to allow the merger to happen. Though federal law says that a single broadcasting corporation cannot control more than 39 percent of the marketplace, FCC Chairman Ajit Pai is planning a vote in July to lift that cap, Bloomberg News reported last week.

“This unprecedented concentration of control, which contradicts the FCC’s own policies about how wide a broadcasting company’s reach can be, would stifle the diversity of views in the press that’s essential for a healthy democracy,” the ACLU said.

While Americans watch less TV news than they used to, those who do tend to prefer local news, according to the Pew Research Center.

The American Civil Liberties Union (ACLU) is trying to convince federal regulators to block a controversial proposed merger between Sinclair Broadcasting G...

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Comcast makes $65 billion cash offer for Fox

Now that a federal judge has cleared the way for AT&T to acquire Time Warner, Comcast is entering the battle to acquire the assets of New Fox.

Comcast, the parent company of NBC Universal, is offering $65 billion in cash, trumping the $52.4 billion bid from Disney, parent company of ABC. Both traditional media companies are eyeing Fox's assets as a rich source of content, both for over-the-air distribution and streaming.

“Our draft merger agreement differs from the Disney agreement only to reflect the superior terms described in this letter, to adapt the agreement to reflect an all-cash transaction, including no Comcast shareholder vote, and to provide greater certainty by eliminating the need for any 21CF charter amendments,” Comcast said in a letter to Fox principals.

Bidding war?

As in a high-stakes game of poker, it's now up to Disney to decide whether to raise the ante, turning the competition for Fox into a bidding war.

Like AT&T, Comcast is also an internet service provider (ISP), and is well-positioned to get into over-the-top (OTT) content distribution. The company says there are few regulatory hurdles to its proposed deal, especially since many of the Fox assets in question are located outside the U.S.

However, there are plenty of U.S.-based assets in play. They include Fox's television and motion picture studios, including the FX channel and Fox Searchlight. Both Comcast and Disney would like to get their hands on Fox's foreign satellite holdings, such as Europe's Sky TV, to broaden their international footprint.

Fox is also trying to sell its stake in the Netflix competitor Hulu, and the rights to some Marvel superhero characters.

Existing agreement

Fox and Disney have already reached a deal for the assets, so selling them to Comcast instead would be a complication. Fox has scheduled a shareholder meeting for next month to finalize the Disney deal, though that could be postponed now that a new deal is on the table.

The driving force behind this sudden wave of media deals is Netflix, the streaming service that now dominates video entertainment. Even though AT&T, Comcast, and Disney are much larger media companies, Netflix spends nearly four times their respective budgets on creating original content. Acquiring a company with vast entertainment production capability is seen as a way to catch up.

Tuesday's decision by U.S. District Court Judge Richard Leon to allow AT&T to acquire Time Warner is viewed as a very big green light for more of these kinds of mergers. The judge rejected the government's argument – and that of some consumer groups – that allowing an ISP to control major sources of content would harm consumers.

Now that a federal judge has cleared the way for AT&T; to acquire Time Warner, Comcast is entering the battle to acquire the assets of New Fox.Comcast,...

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Judge gives green light to merger of AT&T and Time Warner

A federal judge in Washington has dismissed a Justice Department suit that sought to block the merger between AT&T and Time Warner, allowing the deal to proceed without conditions.

AT&T said that it plans to begin steps to close on the deal immediately now that it has won the case.

In a lengthy opinion, U.S. District Court Judge Richard Leon said the government did not prove its case, either with its arguments or its witness testimony. While the government can appeal the ruling, the judge, in very strong language, urged the government not to seek a stay that would block the two companies from proceeding with their merger.

Opposition from Trump

AT&T announced its intention to merge with Time Warner in 2016, as the presidential campaign was getting into high gear. It became a political issue right from the start.

Both Republican hopeful Donald Trump and Democrat Bernie Sanders came out against the deal. Trump said the merger would create a company too big and too powerful. Sanders echoed that, telling the U.S. Justice Department that the deal "represents a gross concentration of power that runs counter to the public good."

AT&T argued that the merger represented a “vertical integration,” meaning it and Time Warner are not competitors. It was seeking Time Warner because it is a giant content producer, giving the telecom firm a huge addition to its programming library.

Critics of the deal said they worried AT&T would favor content from Time Warner on its network, particularly now that it is legal to do so with the demise of net neutrality.

The Trump administration Justice Department sided with those critics, filing its suit to block the merger back in March and claiming the union would be harmful to competition. The government said AT&T is not only a huge wireless provider, it has a foot firmly planted in content production. Time Warner is already a huge content provider. It owns Warner Brothers Studios, along with cable channels like HBO, CNN, and TNT.

AT&T's argument

Lawyers for AT&T stayed with the argument that the two companies are not competitors, and that their services merely overlap. In the end, that argument prevailed.

There are other winners and losers in the case other than the parties to the suit. Because the government lost in its bid to stop the merger of the media giants, Comcast is now expected to enter a bidding war with Disney for the assets of Fox.

Netflix could be a loser, since it faces a potential new content competitor that is in control of a major distribution system.

The decision may also change the media landscape in other ways, prompting Verizon to go shopping for a major content producer so that it can better compete with AT&T.

A federal judge in Washington has dismissed a Justice Department suit that sought to block the merger between AT&T; and Time Warner, allowing the deal to p...

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Consumers continue to cut the cord

Fed up with the high price of cable, more consumers are switching to video-on-demand streaming services like Netflix and Hulu -- and cable TV providers are feeling the impact in the form of major subscriber losses.

A new study from entertainment research company Leichtman Research (LRG) finds that cable TV providers have lost 3.4 million subscribers since 2012.

The biggest pay-TV providers lost about 305,000 customers in the first quarter of 2018. That’s a decrease in cord-cutters compared to the same quarter last year, when the top providers lost about 515,000 subscribers.

However, LRG's principal analyst Bruce Leichtman says the numbers reflect a continuing trend and that the cord cutting phenomenon is likely to speed up during the summer when many college students are home.

Satellite TV providers hit hardest

"The number of pay-TV subscribers for the top providers peaked six years ago. Since 1Q 2012, top providers have lost about 3.4 million total pay-TV subscribers," Leichtman said. "Since the industry’s peak, traditional services have lost about 7.2 million subscribers, while the top publicly reporting Internet-delivered services gained about 3.8 million subscribers."

First quarter losses in 2018 were biggest for satellite TV providers, who lost 375,000 subscribers in Q1 2018, compared to 285,000 for cable. DirecTV and Dish lost 188,000 and 185,000 traditional satellite customers, respectively.

AT&T and Dish have each started offering their own streaming video services (DirecTV Now and Sling TV) to cater to consumers’ changing interests. Together, the two companies added 405,000 subscribers in Q1 2018 via their streaming alternatives.

However, subscriber growth isn’t translating to profit for the two companies, since DirecTV Now is cheap and AT&T offers numerous discounts to existing subscribers. Revenue in AT&T’s video entertainment segment dropped 7.3 percent, while operating income was down 16 percent.

The cord-cutting phenomenon has had a significant impact on the value of cable company stocks, with multiple companies (including Charter and Comcast) suffering double-digit declines, FierceCable notes.

“In a span of a few short months, cable has fallen badly out of favor,” Craig Moffett, media analyst with MoffettNathanson Research, wrote in a note to investors this week. “We don’t need to rehash the litany of horribles about video, broadband and M&A here. Suffice it to say that there is no cable company out there that hasn’t been painted with a black brush."

Fed up with the high price of cable, more consumers are switching to video-on-demand streaming services like Netflix and Hulu -- and cable TV providers are...

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AT&T/Time Warner merger trial opens in Washington

Lawyers representing the U.S. Justice Department and AT&T faced off in federal court in Washington on Thursday as the government attempts to block the company’s merger with Time Warner.

The outcome will likely shape the media landscape for years to come, affecting what entertainment is offered to consumers, how they access it, and what they pay for it. The government claims the union would create a media company that is just too big and powerful, which it says would limit competition.

The Justice Department says AT&T is not only a huge wireless provider, it also owns DirecTV. Time Warner is already a huge content provider. It owns Warner Brothers Studios, along with cable channels like HBO, CNN, and TNT.

But lawyers supporting the merger insist AT&T and Time Warner are not really competitors, arguing their services overlap. They also point out there is plenty of media competition from traditional broadcast networks, as well as over-the-top providers (OTP) like Hulu, Netflix, and Amazon.

Early opponent to the merger

Even as a candidate, Donald Trump was against the deal. When AT&T announced the merger deal in 2016, candidate Trump said his administration would block it, though some critics suggested his opposition had more to do with his intense feud with CNN than any antitrust concerns.

Even so, the Consumer Federation of America this month found itself in the odd position of agreeing with the Trump administration, co-publishing a paper that argues the government's case against the merger is both warranted and consistent with past enforcement practices.

The paper concluded that the proposed merger poses a “severe threat” to competition. It argues that when there are policies in place to prevent discrimination against independent service providers, consumers benefit in terms of the quality of content and consumer choice.

Calling the current media landscape a “tight oligopoly on steroids,” the paper argues that the Trump administration's decision to oppose the merger is not only right on the facts but also in line with past enforcement of antitrust law. Reducing competition, the paper argues, would slow innovation, stifle the growth of online video distribution, and raise consumer prices.

Best hope for consumers

“‘Over-the-Top’ competition is the best hope consumers have, but network operators will kill that competition if they are not stopped,” said Dr. Mark Cooper, CFA's director of research. “The most effective way for antitrust authorities to protect competition is to reject vertical mergers that threaten to dramatically increase the market power of network operators like AT&T.”

In opening statements, government lawyers argued that a combined AT&T and Time Warner would be “a weapon,” used to charge rivals more for access to consumers.

Lawyers for the companies, meanwhile, promised that as the case goes forward, they would prove that wouldn't happen.

Lawyers representing the U.S. Justice Department and AT&T; faced off in federal court in Washington on Thursday as the government attempts to block the com...

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Half of American households now subscribe to a streaming service

Half of American households (55 percent) now subscribe to at least one video streaming service, according to consulting firm Deloitte’s 12th annual digital media trends survey.

That figure represents an increase from last year, when 49 percent of households subscribed to at least one streaming service. The number has surged dramatically since 2009, when just 10 percent of consumers subscribed to a video streaming service.

The average streaming customer subscribes to three streaming services, and U.S. consumers spend $2.1 billion a month on video streaming service subscriptions.

Exclusive content important to many

Of the 2,088 consumers surveyed, over half said they decided which video streaming service to subscribe to based on the amount and quality of exclusive content the service had. Others said factors such as commercial-free content and the ability to watch movies and shows at anytime guided their decision.

The survey found that the average American consumes 38 hours of video content each week -- 15 hours (or 39 percent) of which is streamed.

“Consumers now enjoy unparalleled freedom in selecting media and entertainment options and their expectations are at an all-time high,” said Kevin Westcott, vice chairman and U.S. media and entertainment leader for Deloitte.

“The rapid growth of streaming services and high-quality original content has created a significant opportunity to monetize the on-demand environment in 2018.”

Drop in pay-TV subscriptions

The number of households that subscribe to a traditional TV service delivered via cable, satellite, and fiber has dropped to 63 percent from 74 percent in 2016, according to the report.

Among millennials (ages 21-34), 22 percent said they have never subscribed to pay TV. Of those who said they no longer had pay TV, 27 percent said they had “cut the cord” within the past year.

Nearly half (46 percent) of pay TV subscribers said they are dissatisfied with their service and 70 percent of all consumers said pay TV wasn't a good value. Around half (56 percent) of consumers who currently subscribe to a pay TV service say they keep it because it’s bundled with broadband service.

Half of American households (55 percent) now subscribe to at least one video streaming service, according to consulting firm Deloitte’s 12th annual digital...

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‘Full Wolf Moon’ will appear on New Year’s Day

January 2018 will be a big month for the moon, as several fairly rare lunar events will all coincide in one month: a blue moon (two full moons in one month) will occur in tandem with the moon’s closest orbital path to earth–making both of these “supermoons”–and a full lunar eclipse.

“Supermoons” earn their title because they appear bigger and brighter in the sky as a result of the moon orbiting closer than usual to Earth. These moons generally make an appearance every 13 months, according to NASA. 

NASA notes that seeing two full moons in a month only occurs every two and a half years.

When to catch it

The first full moon of the year is traditionally referred to as a Wolf Moon because it first "appeared when wolves howled in hunger outside of villages,” according to the Old Farmer’s Almanac.

The wolf moon of 2018 is set to occur on Jan. 1 at 9:24 p.m. EST. 

“Moonrise in New York City that day is at 4:34 p.m. local time, just a few minutes before sunset which happens at 4:39 p.m,” according to Space.com.

“So the Wolf moon will briefly share the sky with the sun, though you'll need a view of a relatively flat, unobscured horizon to see it happen.”

Full moon lunar eclipse

Later in the month, on Jan. 31, another supermoon will appear and will feature a total lunar eclipse. NASA says this full moon won't be as bright, but it will "take on an eerie, fainter-than-normal glow” or even a "reddish hue," hence the phrase “blood moon”. 

Since this eclipse will affect a blue moon, you may see it called a blue blood moon.

This event will be visible from western North America through the Pacific Ocean to eastern Asia. 

“The lunar eclipse on January 31 will be visible during moonset. Folks in the Eastern United States, where the eclipse will be partial, will have to get up in the morning to see it,”  Noah Petro, a research scientist from NASA’s Goddard Space Flight Center, said in a statement.

Experts say the best time to view a full supermoon is right after moonrise, when the moon is just above the horizon.

January 2018 will be a big month for the moon, as several fairly rare lunar events will all coincide in one month: a blue moon (two full moons in one month...

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Justice Department sues to stop merger between AT&T and Time Warner

The U.S. Justice Department has filed an anti-trust lawsuit to block the merger of AT&T and Time Warner, saying the combination would hurt consumers.

The government's concern focuses on the combination of AT&T/DirecTV’s video distribution system and Time Warner’s television content, with regulators arguing that the union would raise prices.

Under the merger, the AT&T/DirecTV system would have at its disposal Time Warner content producers -- such as TBS, TNT, CNN, Cartoon Network, HBO, and Cinemax. That programming includes the popular series Game of Thrones, NCAA’s March Madness, and MLB and NBA regular season and playoff games.

“This merger would greatly harm American consumers," said Assistant Attorney General Makan Delrahim of the Department’s Antitrust Division.

Higher bills for consumers

Delrahim said the merger would lead to higher monthly television bills without the emerging innovative options that have begun to draw viewers back to pay TV.

“AT&T/DirecTV’s combination with Time Warner is unlawful, and absent an adequate remedy that would fully prevent the harms this merger would cause, the only appropriate action for the Department of Justice is to seek an injunction from a federal judge blocking the entire transaction,” Delrahim said.

AT&T CEO Randall Stephenson said the government's opposition to the deal "defies logic" and has raised the possibility of political motives, since President Trump is a vocal critic of Time Warner's CNN.

Agreeing with the Justice Department

But the Free Press Foundation, a frequent critic of the Trump Administration, nonetheless is siding with Trump's Justice Department on this question, saying the proposed merger is indeed bad for consumers.

“Blocking this merger is the right thing to do, and we hope the Justice Department is doing it for the right reasons,” said Free Press CEO Craig Aaron in an email to ConsumerAffairs. "This deal would give AT&T way too much power to undercut competitors and raise costs on TV viewers and internet users everywhere."

Aaron says the merger is driven by what he called "Wall Street’s insatiable desire for short-term growth at any cost." Like Delrahim, he predicted a union of the two companies would be good for Wall Street, but ordinary consumers would get stuck with higher TV bills.

The U.S. Justice Department has filed an anti-trust lawsuit to block the merger of AT&T; and Time Warner, saying the combination would hurt consumers.T...

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Consumers increasingly satisfied with pay TV providers

Consumers are increasingly satisfied with their pay TV providers, according to a new study by J.D. Power and Associates. The findings run counter to the prevailing wisdom that consumers are abandoning pay TV in favor of so called "over the top" video streaming services like Netflix and Hulu.

J.D. Power researchers discovered that consumers are increasing their consumption of both types of video content. Satisfaction with the overall streaming video service experience improved slightly over last year.

At the same time, consumers are spending nearly an hour more per week watching regularly scheduled television programming than they did two years ago.

Peter Cunningham -- Technology, Media, and Telecommunications Practice Lead at J.D. Power -- says the typical household is watching an average of 17.4 hours of regularly scheduled programming in a typical week, up from 16.6 hours in 2015.

Economic issue?

Several years ago the economy was still struggling to recover. Cunningham says "cord cutting" -- the trend of people giving up pay TV for streaming services like Netflix -- was largely an economic issue. Now that the economy is recovering, consumers are less likely to cut the cord and more likely to obtain content from a variety of sources.

"Our study finds the vast majority of people paying for traditional TV services also subscribe to streaming services," Cunningham told ConsumerAffairs. "So when economic times are tougher, they sometimes are willing to give up the more expensive pay TV services."

When consumers can afford both pay TV and video streaming services, they are more likely to use both.

Technology drives satisfaction

AT&T/DIRECTV scored highest in customer satisfaction among pay TV providers. On a regional basis, Verizon was highest in the East; Dish Network leads the South and North Central Regions; and AT&T DIRECTV took top honors in the West.

Cunningham notes that increased satisfaction with pay TV might have as much to do with technology as content. As an example, he cites Comcast's X1 service, which has a voice activated remote and intuitive menu.

"What we see is customers are much less likely to cut the cord if they have a good experience engaging with a provider's technology and the set top box experience," Cunningham said. "What customers care about the most is just making sure the product works. They just want to make sure the network itself is solid."

Satisfaction with streaming services can also often be influenced by consumers' satisfaction with their internet service providers (ISP). In the East, J.D. Power found ISP satisfaction is highest for Verizon. In the North Central region, AT&T/DIRECTV has the most satisfied customers. Cox Communications ranks highest in the West.

Consumers are increasingly satisfied with their pay TV providers, according to a new study by J.D. Power and Associates. The findings run counter to the pr...

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Tonight's Powerball drawing worth $700 million

Powerball is once again attracting attention outside the group of consumers who regularly buy lottery tickets.

The jackpot for tonight's Powerball drawing has an annuity value of $700 million, the second largest on record. A single winner could also opt to take the cash value of $443 million.

The drawing takes place at 11:00 pm ET, in Tallahassee, Fla. Tickets are usually sold up until an hour before the drawing.

For the uninitiated, players pay $2 and select five white balls from a set of 69 numbers, plus a single red ball, the Powerball, from a second set of 26 numbers. You can pick your own numbers or have a computer do it for you.

To win, you have to match all five numbers drawn, plus the Powerball number to win the jackpot.

Big source of state revenue

While the Powerball seems to bring out the greed in just about everyone, Drew Svitko, executive director of the Pennsylvania Lottery, reminds us it's all for a good cause, supporting a variety of social programs in the 44 participating states and the District of Columbia.

"This surge in ticket sales is great news for the older Pennsylvanians who benefit from the sale of every Pennsylvania Lottery game," Svitko said. "No matter the jackpot level, we ask all players to please play responsibly."

As the Washington Post reports, the odds in Powerball tend to favor the house. It says two years ago a player's odds of winning the jackpot were about one in 175 million. Now, it says the odds are about one in 292 million.

"Tweaks to the game in October 2015 increased the number of total balls, from 59 to 69, from which players need to pick five. It may seem like a modest change, but the odds of winning the jackpot plummeted," the newspaper reports.

But fewer winners means bigger jackpots. And eventually, someone will win, which is why people keep buying tickets.

Powerball is once again attracting attention outside the group of consumers who regularly buy lottery tickets.The jackpot for tonight's Powerball drawi...

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Entertainment landscape shifting to consumers' benefit

The disruption that has occurred in the entertainment industry in the last weekend shows no signs of slowing down. Consumers stand to gain.

Last week, Disney announced it was setting up its own streaming services and would pull its content from Netflix. This week, Netflix responded by signing a huge content deal with producer Shonda Rhimes to produce shows for the streaming service.

Daily Variety reports Netflix may also reach an agreement with Disney for rights to Lucasfilm’s “Star Wars” and Marvel Entertainment titles after 2019. At the same time, it says the approximately $200 million it had been paying Disney for content will be plowed back into creating new movies and series for the streaming site.

CNN has added up all the Netflix commitments and estimates the streaming service will spend nearly $16 billion on new content in the coming years, as it fights off an increasing number of competitors.

Netflix model at the movies

Meanwhile, entertainment start-up MoviePass has more or less adopted the Netflix model as a way to help Hollywood's sagging box office numbers.

The company has announced on its website that for a reduced monthly membership fee of $9.95, members can go to as many movies they want, as long as the theater accepts debit cards. The theaters get reimbursed the full price of the ticket.

It works on the same principal as Netflix. Instead of charging a movie-goer for each ticket, the monthly subscription allows them to watch as many movies as they want, limited to one movie per day. Some screens, such as IMAX, are excluded.

Lifeline for theaters?

Still, it may be a hopeful sign for movie theaters, which have seen audiences decline over the summer. Last weekend, ComScore reported the top grossing movie in the U.S. was Annabelle: Creation, which brought in just $35 million, followed by Dunkirk at $11.4 million.

During the same weekend in 2014, Teenage Mutant Ninja Turtles raked in $65 million and Guardians of the Galaxy followed at $42 million.

Last December, MoviePass co-founder Stacey Spikes said the company's research showed a subscription model for theaters would help small, independent films find an audience faster since consumers were more likely to wait for these films to show up on streaming services if they had to pay for each movie theater ticket.

The disruption that has occurred in the entertainment industry in the last weekend shows no signs of slowing down. Consumers stand to gain.Last week, D...

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What if you aren't in the 70-mile-wide total eclipse zone?

By now you probably know about the total solar eclipse on August 21 and the crush of people expected to travel to the 70 mile wide strip crossing the U.S. from Portland, Ore., to Charleston, S.C.

In that narrow band of land, people will be able to observe the complete blackout of the sun as the moon casts a giant shadow. But let's face it, even with hundreds of thousands of people crowding into this area, most of us will be outside the 70 mile wide path next week. What will we be able to see?

Carlton “Tad” Pryor, a professor in the Department of Physics and Astronomy at Rutgers University-New Brunswick, says it will be pretty spectacular, even outside the 70 mile zone. But at its peak, the moon will only block out part of the sun. How much it blocks out will depend on how far you are from the 70 mile wide zone.

In New Jersey, for example, pretty far north of the total blackout zone, the moon will block out between 70% to 80% of the sun.

Always dramatic

“A total solar eclipse is always very dramatic,” Pryor said. “The sky gets dark, animals and birds go quiet as if it’s nighttime and it’s a little bit cooler outside. The partial solar eclipse that will be visible in New Jersey is much more subtle, but will be noticeable if you know what to look for.”

Unless you have ISO 12312-2 certified safety glasses or filters, you should never look directly at a partial eclipse. But Pryor says there are some "old school" ways to observe a partial eclipse without looking directly at it.

If the sky is clear at the beginning of the eclipse, stand in a leafy tree’s shadow and look at the ground. Pryor says the smallest spots of sunlight will make little crescent shapes, showing the changing shape of the sun as the moon crosses in front.

How to make an indirect viewer

You can also make a small hole in a piece of cardboard, aiming the hole at the sun. Hold a white sheet of paper under the hole. The light coming through the hole will begin to change shape as the moon passes between the earth and the sun.

What has sort of gotten lost in all the build-up to the eclipse is those of us on the ground will need a nearly cloudless day on August 21 to experience its full effects. If it's an overcast day, you won't be able to see the shadow move across the sun, though you will notice it start to get dark. The closer you are to the 70 mile wide zone, the darker it will get.

No matter where you are, remember that homemade filters or sunglasses – even very dark ones – are not safe for looking directly at the sun.

By now you probably know about the total solar eclipse on August 21 and the crush of people expected to travel to the 70 mile wide strip crossing the U.S....

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Facebook wants you to watch Watch, its new video channel

There is apparently a dire shortage of video in the world today, but don't worry -- big companies are rushing to fill the imagined void with, you guessed it, even more video.

The latest light and nimble entrepreneurial venture to wade into video is none other than Facebook. It's starting something called Facebook Watch -- clever, no? 

Watch will be just what you expect -- a video distribution platform that we're told will be chockfull of scintillating, original video. And, of course, like everything else these days, it will be "personalized," meaning you'll be shown videos that Facebook thinks you want to see. Or, to be a bit more precise, videos that Facebook's advertisers want you to see.

Like everything else on Facebook, it will also be driven at least partly by what your friends -- and your "Friends" -- are watching and raving about. We're told you will find it on the Facebook menu bar, replacing the tab that currently says "Video."

"Watch is personalized to help you discover new shows, organized around what your friends and communities are watching," said Daniel Danker, Facebook Director of Product. "For example, you’ll find sections like 'Most Talked About,' which highlights shows that spark conversation, 'What’s Making People Laugh,' which includes shows where many people have used the 'Haha' reaction, and 'What Friends Are Watching,' which helps you connect with friends about shows they too are following."

Professional content

It's important to note that, unlike videos of cute cats and bouncing babies posted by your supposed friends, Watch will be the real thing -- you know, professional content: movies, series, and even sports. Facebook says it will live-streaming one Major League Baseball game each week and has several other attractions up its sleeve.

Not everyone will have Watch right away. It's being rolled out, in usual Facebook fashion, on a staggered basis. So let's just say you'll be seeing it soon -- and, Facebook hopes, watching it ever after.

There is apparently a dire shortage of video in the world today, but don't worry -- big companies are rushing to fill the imagined void with, you guessed i...

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Universal re-releasing 'E.T. The Extra-Terrestrial'

It's been 35 years since Steven Spielberg's classic film "E.T., The Extra-Terrestrial" debuted at U.S. movie theaters.

To celebrate the milestone anniversary, Universal Pictures Home Entertainment is releasing a special package, that includes the film in 4K Ultra HD + Blu-ray + Digital and a re-mastered CD soundtrack of the original Grammy Award-winning score.

The disks also contain more than three hours of bonus features, along with a collector's booklet with inside information and images from the archives.

The release date is September 12, 2017.

The film resonated with young moviegoers, who are now in their 40s and have children of their own. Universal is counting on that generation to introduce another generation to the film, a tactic successfully used by Disney for decades.

To generate a little extra buzz for the release, Universal will screen the movie in theaters nationwide on September 17 and September 20.

If you'll recall, E.T. was the story of a lovable alien who got stranded on earth and was befriended by a group of a suburban California children, who (spoiler alert) helped the visitor escape the grown-ups and get back home. The trailer is below.

Setting the bar for product placement

The film also broke ground in the area of product placement. The children lured the creature using Hershey's Reece's Pieces candy, after Mars' M&Ms passed on the deal. Rolling Stone Magazine ranks it among "The most egregious product placements in movie and TV history," making the relatively obscure candy a household name overnight.

Interestingly, the benign view of visitors from outer space, which first surfaced in Spielberg's "Close Encounters of the Third Kind," did not hold up in later movies, such as "Independence Day."

And in fact, many scientists say alien contact would probably be highly unpleasant for humans.

It's been 35 years since Steven Spielberg's classic film "E.T., The Extra-Terrestrial" debuted at U.S. movie theaters.To celebrate the milestone annive...

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Six companies fined $4.19 million for using bots to buy tickets to New York shows

There’s nothing quite like a good Broadway show or tickets to a live concert, but consumers have found it difficult to secure online tickets recently because of ticket bots – software used by scalpers and resellers to grab large numbers of available tickets as quickly as possible.

The problem became so bad that New York Governor Andrew Cuomo signed a law last November that increased the penalty for knowingly reselling tickets obtained by a ticket bot to a class A misdemeanor. The change guaranteed harsher penalties than the previously mandated civil penalties, something that six companies now know full well.

Yesterday, New York Attorney General Eric Schneiderman announced that Renaissance Ventures LLC (d/b/a Prestige Entertainment), Ebrani Corp. (d/b/a Presidential Tickets), Concert Specials Inc., Fanfetch Inc., BMC Capital Partners, and JAL Enterprises (d/b/a Top Star Tickets) had been fined a total of $4.19 million for using ticket bots to procure and resell tickets in the state.

“Unscrupulous ticket resellers who break the rules and take advantage of ordinary consumers are one of the major reasons why ticketing remains a rigged system,” Schneiderman said.

Snatching up tickets

The Attorney General’s office found that one of the ticket brokers, Prestige Entertainment, had used two different bots and thousands of credit cards and Ticketmaster accounts to buy tickets for many New York shows. The investigators allege that the company used IP proxy services to hide its use of bots from retail ticket marketplaces. In one specific case, the company allegedly used its bots to purchase over 1,000 tickets to a 2014 U2 concert at Madison Square Garden in just one minute.

Because of its pervasive use of ticket bots, Prestige will be paying the highest fine at $3.35 million. Concert Specials will pay $480,000; Presidential Tickets will pay $125,000; BMC Capital will pay $95,000; Top Star Tickets will pay $85,000; and Fanfetch will pay $55,000.

In addition to paying the fines, each company is required under the settlement to maintain proper ticket reseller licenses and abstain from using ticket bots in the future.

“We will continue to fight to make ticketing a more fair and transparent marketplace, so fans have the opportunity to enjoy their favorite shows and events. Anybody who breaks the law will pay a steep price,” said Schneiderman.

There’s nothing quite like a good Broadway show or tickets to a live concert, but consumers have found it difficult to secure online tickets recently becau...

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Pay TV providers adapting to cord-cutting environment

Dish Network's first quarter earnings report may sum up the problems and opportunities for cable TV providers in the age of cord-cutting.

Dish reported that it lost 143,000 pay TV subscribers during the three month period, even as it brought 547,000 new subscribers online. At the same time, the company's average revenue per user (ARPU) dropped below $87.

Dish owns over-the-top (OTT) service Sling TV, which streams a package of live TV programming, similar to basic cable, starting at $20 a month. That makes it an attractive alternative for consumers seeking to get away from $100-plus cable TV bills.

"While the company does not disclose standalone numbers for Sling TV currently, we believe that the net Sling TV subscriber adds have helped reduce the rate of decline in the pay-TV subscriber base," Forbes reported in its coverage of the Dish earnings call. "Since many of the pay TV additions were for Sling TV, which is offered at a lower price point, the company’s Pay TV ARPU declined to $86.55 from $87.94 a year ago."

"Sling TV was the first to give customers pay TV without long-term contracts, credit checks or strong arm sales tactics and we remain focused on providing consumers with the best entertainment experience, Roger Lynch, Sling TV's CEO told ConsumerAffairs.

Keeping them in the family

It might seem counter-intuitive for Dish to offer a cheaper service for consumers who want to cancel their subscriptions, but these consumers are going somewhere. The thinking is to keep them in the family, even if they're paying less.

It is but one example of how full-service pay TV providers are coping with the new environment. Gary Guthrie, of Louisville, Ky., found his cable TV company ready to deal when he called to cut the cord.

Guthrie figured that he could lower his monthly bill from $120 to $50 by dropping TV and keeping internet.

"When the cable folks got hold of me, they whined and kept passing me around to 'retention specialists,' Guthrie told ConsumerAffairs. "Finally, I cried 'uncle' when they gave me basic cable and internet for $65. In retrospect, that was a better deal than I thought because besides the local channels, I could access a lot of programs and channels on demand, albeit delayed, and continue my DVR service."

For Guthrie, that's worked out relatively well. He signed up for a couple of video streaming services for more on-demand content. Unfortunately, however, his basic cable package did not include ESPN.

Sling TV

"That’s when I found Sling TV," Guthrie said. "It had a tier that had ESPN’s channels and the cable news channels for $20, so I figured I could swing with that for three to four months and get my basketball fill."

But he reports a few technical issues with buffering, and making Sling work seamlessly with Google Chromecast. He also found a lot of the games he wanted to see were blacked out. Now that basketball season is over, he's dropped Sling and paying a total of $75 for cable, a streaming service, and internet.

Major pay TV players have sharpened their pencils in recent months to attract new customers to make up for the ones who are cutting the cord. Direct TV, recently purchased by AT&T, has a two-year basic TV package starting at $50 a month for the first year, but it jumps to $90 a month for the second year.

Verizon Fios offers several bundles of telephone, internet and TV, with all three costing a total of $80 a month for the first year. But as cable TV customers quickly learn, there are additional charges for boxes and modems.

Comcast's Xfinity HD Triple Play, including phone, internet and TV, starts at $140 with a two-year agreement. But as Guthrie found, that's just the asking price.

Two-year agreements

With the major players, a two-year agreement is standard. If you cancel before then, you'll pay a prorated early termination fee.

But if you are out of contract with your current provider and thinking about cutting the cord, it might pay to call and threaten to leave, just to see how accommodating your current provider might be.

The number of cord-cutters is still relatively small, but it's growing. Pay TV companies know this and are looking for creative ways to keep their customers connected.

Learn more about Cable TV and streaming video providers.

Dish Network's first quarter earnings report may sum up the problems and opportunities for cable TV providers in the age of cord-cutting.Dish reported...

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Sling TV links up with LG smart TVs

For entertainment consumers who want to try to get along without a big pay-TV bill each month, the task may be a little easier.

Sling TV has announced it is the first over-the-top (OTT) live and on-demand TV service available on LG's smart TV models. Coming soon, the company says it will be available on LG’s 2017 webOS 3.5 enabled-models.

Ben Weinberger, chief product officer at Sling TV, says it's true that consumers increasingly watch TV shows from their mobile devices. But that hasn't changed the fact that a huge chunk of viewers still prefer to watch from the couch in the living room.

“Offering Sling TV on LG’s award-winning, top-of-the-line smart TVs gives viewers more control over how they watch Sling TV so they can view their favorite programs without the need for additional devices or unnecessary input-switching,” Weinberger said.

Matt Durgin, Director of Content Innovation at LG Electronics USA, says hooking up with Sling TV just makes the company's smart TVs that much more appealing.

Wide range of content

“The addition of Sling TV to our strong line-up of premium content apps on our webOS platform gives consumers an incredibly wide range of content options to enjoy on our critically-acclaimed LG Smart TVs led by LG OLED and LG Super UHD,” he said.

Cutting the cord has always been a double edge sword for consumers. On one hand, you save $100 or more a month. On the other hand, you can lose access to live TV programming.

Services like Sling TV have jumped into the void. Its cheapest base package is $20 a month. It provides 30 or more channels like you would get on basic cable, including ESPN, AMC, TNT, History, and Disney.

From now on, Sling TV subscribers can use their internet connection to log in on to most 2016 LG Smart TV webOS 3.0 models.

If you have a new LG Smart TV but don't subscribe to Sling TV, you can check for Sling TV in the LG launcher bar or press “Home,” select “Go to LG Content Store” and search for “Sling.” From there, consumers can sign up for the service directly from the app.

Sling TV's growth may be a metric with which to measure cord-cutting among consumers. According to Statista, the service had 911,000 subscribers in September 2016, a 30% surge since June 2016.

For entertainment consumers who want to try to get along without a big pay-TV bill each month, the task may be a little easier.Sling TV has announced i...

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Cord cutting may be getting easier

Pity the poor cable TV giants. Every day, it seems, brings new challenges in keeping subscribers, not to mention signing up new ones.

The problem is an increasing number of consumers are finding they can get by just fine without spending $100 or more a month on television. First, it was an upstart streaming service called Netflix that gave viewers more options for $9 a month.

It was soon joined by other competitors, like Hulu, Amazon Prime, and Sling TV, each with unique offers. Now, there may be one more.

New Verizon TV service?

A report by Bloomberg News, quoting people in the know, says Verizon has been busy nailing down TV rights in preparation for the launch of its own video streaming services, perhaps as early as this summer.

Bloomberg reports Verizon plans to start packaging dozens of channels that will provide live, over-the-internet TV programs, setting it apart from its current go90, with is an on-demand streaming service. It will also be different from the television program it offers over FiOS.

The service will likely compete head to head with Sling TV and AT&T's streaming service, DirecTV Now.

Bloomberg also reports Comcast, one of the nation's largest cable operators, is trying to secure rights to carry cable networks on an online service, outside its cable footprint. If that plays out, it would be a sign within the industry of which way the wind is blowing.

Pity the poor cable TV giants. Every day, it seems, brings new challenges in keeping subscribers, not to mention signing up new ones.The problem is an...

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Rare Frank Zappa albums to be re-released

During his life and career, rock musician Frank Zappa was not exactly a mainstream artist. And that's part of what made him cool.

He leaned heavily on rock, pop, and jazz, but also tossed in intriguing bits of jazz fusion, orchestral, and works that used various eclectic sounds. He and his band, The Mothers of Invention, had an extremely devoted following in the late 1960s.

Now, the Zappa Family Trust and Universal Music Enterprises (UMe) are teaming up to release 24 Zappa albums, some of them rare, later this month. The music will be available on CD, digital downloads, and streaming on March 24.

"For more than two decades, the only place to get exclusive Frank Zappa albums was through our mail order and website," said Ahmet Zappa, son of the late artist and the Trust's executor. "We are thrilled to be able to make these titles available to fans across the globe with the help of our friends at Universal."

According to UMe, nine of the albums in the collection, including Zappa's 100th release, "Dance Me This," and the cult favorite live disc, "Roxy By Proxy," have never been made available for download or for streaming.

The collection also includes a recording from a 1971 performance at Carnegie Hall and a 1974 recording made at KCET-TV studios in Los Angeles, which ended up being used in a number of different Zappa projects.

Zappa died in 1993 after a long battle with cancer. He was 53.

During his life and career, rock musician Frank Zappa was not exactly a mainstream artist. And that's part of what made him cool.He leaned heavily on r...

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Turner Broadcasting explains why it muted Justin Timberlake during music awards

Justin Timberlake had a message for his fans about race and sexuality when he won the Song of the Year award Sunday night at the annual iHeartRadio Awards, hosted by the internet radio station iHeartRadio. The awards aired on the online station as well as on television channels owned by Turner Broadcasting Network. 

“If you are black, or you are brown, or you are gay, or you are lesbian, or you are trans, or maybe you’re just a sissy singer boy from Tennessee — anyone who has treated you unkindly, it’s only because they’re afraid or they have been taught to be afraid of how important you are," he said. 

"Because being different means you make a difference," he goes on. "So..." It's then when viewers who were watching the awards show on TNT, TBS, or truTV, the television stations that were broadcasting the program thanks to Turner Broadcasting Network, would have noticed a sudden silence. After several seconds, the sound comes back and the audience is heard cheering again.

Turner accused of censoring message

Several sites, including the popular news site Jezebel, published posts implying that Timberlake's speech was muted because of his supportive message for LGBTQ teens.

Timberlake used his acceptance speech to "convey a message to LGBTQ youth, but that address was muted," Jezebel wrote. The site links to a clip showing the last 19 seconds of Timberlake's speech as it aired on the Turner Network channels. Again, only the last several seconds are muted.

So, F&*&! em

Reached by ConsumerAffairs, a spokesman from Turner Network provided a link to the speech as it originally aired on TNT, TBS, and truTV. Timberlake's message again be heard almost completely -- except for the last few seconds. 

The spokeswoman has an explanation for that. "Justin dropped an F-bomb," spokeswoman Marie Moore writes. "That’s the only thing muted." 

iHeartRadio, meanwhile, took a more creative approach to censoring the pop star's words. On Twitter, alongside a clip of Timberlake's speech, iHeartRadio posted: "Being different means you make the difference, so F#$& 'em!" 

Justin Timberlake had a message for his fans about race and sexuality when he won the Song of the Year award Sunday night at the annual iHeartRadio Awards,...

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Spectrum customers lose Univision channels in fee dispute

As if all the political turmoil over immigration wasn't enough, millions of U.S. Hispanics have lost their favorite TV channel. Univision went dark on Charter-Spectrum-Time Warner cable systems Wednesday in a fee dispute between the companies.

As always seems to happen in such cases, the consumer is held hostage between giant corporations, helpless to do anything but almost certain to pay a hefty price when the dispute is finally resolved.

In a statement to ConsumerAffairs, Univision said Charter "has continually rejected all of Univision’s repeated, good-faith efforts to reach an agreement ... and has decided to deny its subscribers continued access to Hispanic America’s most popular entertainment and sports, and most trusted news content."

The outage affects about 2.5 million Latino homes nationwide, leaving them without broadcast networks Univision and UniMas, as well the cable channels Galavision, El Rey, and the sports outlet Univision Deportes.

What's next?

In Los Angeles, the largest market for both Charter's Spectrum and Univision's channels, the reaction was swift and tinged with pre-existing angst over the immigration policies of the Trump Administration.

“People are afraid and nervous of what Trump will do next,” said the Rev. Richard Estrada, a Roman Catholic priest quoted in a Los Angeles Times report. “A lack of access to news and information will only make things worse. It makes you wonder, ‘What’s next? What will they take away next?’”

Estrada said he was going to an immigration rights meeting with other clergy members today and would urge them to write complaint letters to Spectrum.

While consumers might assume it was Spectrum that pulled the plug on Univision, it was actually the other way around. After months of fruitless negotiations aimed at winning higher carriage rates, Univision on Tuesday demanded that Charter take down its programming.

"Given the size of the distribution platforms that it controls, Charter has an obligation to its customers to provide them with access to content that is in-language and in-culture, which is vitally important during these politically volatile times," Univision said. 

Univision has been trying to improve its financial performance and was hoping to win higher license fees from Charter, which recently acquired Time Warner Cable. But Charter faces a mountain of debt it took on in the acquisition and is trying to hold down programming costs.

Univision says that, financial considerations aside, Charter has an obligation to its customers.

"This is part of a continuing fight against mega mergers to ensure that there are diverse voices and opportunities for minorities in the media marketplace," Univision said.

As if all the political turmoil over immigration wasn't enough, millions of U.S. Hispanics have lost their favorite TV channel. Univision went dark on Char...

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NY sues Spectrum-Time Warner for overpromising, underdelivering

It's hard to find anyone who's entirely happy with their internet service, but New York Attorney General Eric T. Schneiderman says New Yorkers are on target when they kvetch about their service from Charter subsidiary Spectrum-Time Warner Cable, alleging in a lawsuit that the company deliberately promises internet speeds it knows it can't deliver.

“The allegations in today’s lawsuit confirm what millions of New Yorkers have long suspected -- Spectrum-Time Warner Cable has been ripping you off,” said Schneiderman. “Today’s action seeks to bring much-needed relief to the millions of New Yorkers we allege have been getting cheated by Spectrum-Time Warner Cable for far too long. Even now, Spectrum-Time Warner Cable continues to offer Internet speeds that we found they cannot reliably deliver.”

Schneiderman's criticisms are echoed by the many reviews about Time-Warner and Spectrum submitted by ConsumerAffairs readers like R.P. of Saugerties, N.Y., who said, "These companies can call themselves whatever they want. TheTV service stinks. Those boxes they gave out don't work a lot of times or the pictures pixelate."

"I think their services should be looked into. Why should people pay for lousy service?" R.P. asked.

"Dramatically short-changed"

Consumers rate Time Warner

The complaint alleges that since January 2012 Spectrum-TWC’s marketing promised subscribers who signed up for its internet service that they would get a "fast, reliable connection" to the internet from anywhere in their home. But a 16-month investigation by Schneiderman's office – which included reviewing internal corporate communications and hundreds of thousands of subscriber speed tests – found Spectrum-Time Warner subscribers were getting dramatically short-changed on both speed and reliability.

Subscribers’ wired internet speeds for the premium plan (100, 200, and 300 Mbps) were up to 70 percent slower than promised; Wi-Fi speeds were even slower, with some subscribers getting speeds that were more than 80 percent slower than what they had paid for, Schneiderman's suit charges.

The complaint also alleges that Spectrum-TWC charged New Yorkers as much as $109.99 per month for premium plans that could not even achieve the speeds promised in their slower plans. And Schneiderman charges that Spectrum-TWC executives knew that the company’s hardware and network were incapable of achieving the speeds promised to subscribers but continued to make false promises about speed and reliability anyway. 

Schneiderman alleges that while Spectrum-TWC earned billions of dollars in profits from selling its high-margin internet service to 2.5 million New York subscribers, it didn't make the capital investments necessary to improve its network or provide subscribers with the necessary hardware.

It might take changes like that to make Zeke of Rochester, N.Y., happy.

"Our TW Cable service is awful! Every year our bill increases or they take away channels but we get ** service. Every time we use on demand or rent a movie the channels freeze. We have to reboot the box and it takes so long that we typically give up," Zeke said. 

It's hard to find anyone who's entirely happy with their internet service, but New York Attorney General Eric T. Schneiderman says New Yorkers are on targe...

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DISH teams with Amazon for a voice-controlled remote

If you are of at least a certain age, you can probably remember having to walk over to the television set to turn it on, and get up again if you wanted to change the channel.

Not only has remote control made that unnecessary for the last few decades, lately there have been advancements in voice-control technology to make the remote almost obsolete.

At the Consumer Electronics Show (CES) in Las Vegas, DISH Network has announced the pairing of its Hopper digital video recorder (DVR) with Amazon's Alexa, using either the Echo or Echo Dot, that will allow users to channel surf using their voice instead of their fingers.

“We constantly evaluate emerging technology, like Alexa, and its potential to improve how people watch and control their TVs,” said Niraj Desai, DISH vice president of product management. “This allows us to design strategic road maps and deliver products that make TV more valuable, at no extra cost to subscribers.”

Logical use for Alexa

For its part, Amazon said controlling a TV is a logical use for Alexa, which accesses other types of information using voice commands.

“You no longer have to set down your popcorn to change the channel, or spend time searching for what channel the game is on – just ask Alexa to do it for you,” said Rob Pulciani, director, Amazon Alexa.

Other providers have been moving into in this area as well. Ixfinity offers the Voice Remote, but it is only available on XG of Xi boxes.

Samsung has also been integrating voice controls into its smart TV technology. It allows you to control functions such as turning on and off your TV, changing channels, accessing apps, and navigating the web using simple voice commands.

DISH's initiative takes advantage of Amazon's existing technology, applying it to controlling a TV set.

According to DISH, users will be able to direct Alexa to change to a specific channel number or network. They will also be able to find a specific program or type of movie, such as comedy or suspense.

The new system will roll out in the first half of this year, allowing voice search on all generations of a broadband-connected Hopper DVR.

If you are of at least a certain age, you can probably remember having to walk over to the television set to turn it on, and get up again if you wanted to...

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Official sentiment may be shifting on AT&T-Time Warner merger

Back in October, when AT&T announced an agreement to purchase Time Warner, candidate Donald Trump blasted the proposed deal, saying he would do everything he could do to block it.

The deal was also greeted with various degrees of hostility in Congress, including from Sen. Bernie Sanders (I-Vt.). It led some industry analysts to speculate the deal could be dead on arrival.

But when executives of the two companies went before a Senate Judiciary subcommittee Wednesday, the tone from both Republicans and Democrats was noticeably softer.

While Congress has no say-so in the matter, Subcommittee chair Sen. Mike Lee (R-Utah) assured the executives that the Trump Administration Justice Department would only look at the facts and would seek to protect consumers, not necessarily AT&T's competitors.

A transformative and disruptive time

“No doubt, this industry is going through a transformative and disruptive time, and consumers are enjoying the ride,” said Sen. Chuck Grassley (R-Iowa), and Chairman of the Judiciary Committee. “So we want to make sure that this revolution in technologies and content continues to thrive and evolve to the benefit of all consumers, all over the country, including in rural communities in Iowa.”

Rural internet service providers have voiced concern about the deal because AT&T will be able to offer its customers unlimited streaming of its own content, while the smaller ISPs will have no such advantage.

“This proposed massive consolidation of distribution and content raises serious questions,” said Sen. Patrick Leahy (D-Vt.). “The impact of this transaction on competition, consumer choice, and privacy across the media, pay TV, wireless and broadband industries must be carefully analyzed.”

But while lawmakers in general voiced caution about the proposed deal, no one blasted it as anti-competitive.

'Reshape the competitive landscape'

AT&T CEO Randall Stephenson sought to reassure the lawmakers that consumers would benefit from the combination of the two companies. He said it would lead to innovation, offer more pricing options to consumers, and "reshape the competitive landscape."

There's no doubt that AT&T customers would stand to benefit, since they would be able to stream AT&T-owned content without it counting against their data allowances. But regulators will also look at how customers of small, independently owned ISPs will fare.

The Consumer Federation of America (CFA) released a report at Wednesday's hearing showing four telecom firms dominate the market and makes the claim that the average American household is overcharged $45 a month. The group urges regulators to reject the merger.

Trump, meanwhile, has said little about the proposed deal since the election. His stated objection in October was that it would place too much media power in the hands of one company.

Back in October, when AT&T; announced an agreement to purchase Time Warner, candidate Donald Trump blasted the proposed deal, saying he would do everything...

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Congress to hold hearings on AT&T-Time Warner merger

A lot is at stake Wednesday as AT&T executives go before the Senate Judiciary Committee to answer questions about the company's proposed acquisition of content provider Time Warner.

President-elect Trump is already on record opposing the deal and a number of lawmakers have expressed skepticism as well.

The $108.7 billion acquisition would join America's largest pay TV provider with a media and entertainment company that has a massive catalog of movies and TV shows.

From the beginning, AT&T executives have maintained the merger is a “vertical” one that brings together two entities providing different products, and therefore will not decrease competition. But AT&T could face some pointed questions at Wednesday's hearing.

“This proposed massive consolidation of distribution and content raises potentially serious questions about competition, consumer choice, and privacy across the media, cable TV, wireless and broadband industries,” Sen. Patrick Leahy (D-Vt.), ranking member on the Senate Judiciary Committee, said in a statement.

'Zero-rate' could be the sticking point

Even though the proposed merger would be “vertical,” critics charge it could give the telecom giant a huge advantage in the marketplace. At issue is something called “zero-rate.” That means the ISP, in this case AT&T, won't count a customer's viewing of AT&T-owned content against his or her data allowance.

Currently, AT&T has such a promotion with DIRECTV. AT&T wireless customers who also subscribe to DIRECTV can watch that content on their mobile devices without it counting against their data allowance.

If you are both an AT&T and DIRECTV customer, that's a great deal. But if you are a small ISP trying to compete against AT&T, you may think the playing field has suddenly become a lot less even.

Small ISPs worried

Jimmy Carr of All Points Broadband in Ashburn, Virginia, who chairs the Wireless Internet Service Providers Association (WISPA) Legislative Committee, says it will hurt the mostly small companies that are bringing broadband to underserved rural areas.

“AT&T has recently begun to zero-rate its DIRECTV content, and it has stated its intention to expand zero-rating to the Time Warner content it would obtain through this proposed merger,” Carr said. “Allowing any ISP to favor certain content has a direct, harmful impact on thousands of small, competitive ISPs that do not own content and lack the ability to negotiate fair, reasonable and non-discriminatory access to content.”

Carr says AT&T’s proposed acquisition of Time Warner raises serious concerns and should be rejected by federal regulators.

So far, AT&T is batting one for two on proposed mega-mergers. Last year it's deal to acquire DIRECTV got a green light from regulators. Before that, its deal to acquire rival T-Mobile did not

A lot is at stake Wednesday as AT&T; executives go before the Senate Judiciary Committee to answer questions about the company's proposed acquisition of co...

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New York law creates harsher penalties for users of ticket bots

The holiday shopping season officially kicked off this past weekend with Black Friday, and consumers are scrambling to pick up the goods they want. One popular kind of gift this year will be a gift of experience, like tickets to a concert, play, or sporting event.

Unfortunately, demand for tickets far outweighs supply most of the time, so it’s up to consumers to try and grab them as soon as they become available online. However, many buyers often walk away with nothing because the tickets seem to magically disappear within minutes or even seconds.

While slow internet speeds or bad luck can play a factor, one reason for the lack of available tickets has been the existence of ticket bots -- software used by scalpers that manipulates sales systems to buy up as many tickets as possible. Then, after all the available tickets are gone, they sell them at ridiculously inflated prices to desperate consumers.

However, the practice may become less common thanks to a new law signed by New York Governor Andrew Cuomo. Previously, state laws had banned the use of ticket bots and imposed civil penalties on violators, but now the use or control of ticket bots, or reselling tickets knowingly obtained by ticket bots, is a class A misdemeanor.

The classification change means harsher penalties for those who break the law. Violators can now expect exorbitant fines or even jail time if they’re caught using or knowingly benefitting from the software. The definition of a “ticket bot” has also been expanded under the new law to mean any system, whether autonomous or human-controlled, used to quickly buy up tickets before the general public has access to them.

Predatory and wrong

Ticket bots have long-been abhorred by performers in New York. Back in June, Lin-Manuel Miranda – creator and original lead of the Broadway hit Hamilton – railed against users of ticket bots and how the profited from his show; The New York Times reported that scalpers made around $15.5 million from reselling tickets to Miranda’s last 100 shows before stepping down from his role as the titular character.

“My concern is that our show is about the founding of our country and if bots are buying up all the tickets and charging this insane secondary market price, most of the country can’t see it,” he said.

Gov. Cuomo agreed with the sentiment in a recent statement, saying that “these unscrupulous speculators and their underhanded tactics have manipulated the marketplace and often leave New Yorkers and visitors alike with little choice but to buy tickets on the secondary market at an exorbitant mark-up.”

“It’s predatory, it’s wrong and, with this legislation, we are taking an important step towards restoring fairness and equity back to this multi-billion dollar industry.”

The holiday shopping season officially kicked off this past weekend with Black Friday, and consumers are scrambling to pick up the goods they want. One pop...

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AT&T to launch new video streaming services

AT&T is offering three video streaming services, making use of new and existing content tie-ins. On November 30 is will begin marketing DIRECTV NOW.

The telecom provider sees a lucrative market of consumers who have cut the cable TV cord, or who are thinking about it.

“We’re extending our entertainment portfolio for those who value premium content but also want more TV freedom suited for their lifestyle, whether watching at home or on their mobile devices. This is TV your way,” said John Stankey, CEO, AT&T Entertainment Group.

Stankey says the services are built around AT&T's mobile platform. He says once you sign up for either DIRECTV NOW or Fullscreen, you can stream video content using a variety of mobile devices without set-top-boxes, satellite dishes, or annual contracts.

Won't count against data allowance

The services are also designed to promote the company's main product. AT&T Mobility customers will not use their allotted data when watching DIRECTV NOW or FreeVIEW in the App. Neither will Fullscreen users if they stream in the Fullscreen App on the AT&T network.

DIRECTV NOW is a collection of four television packages of current DIRECTV content, including live sports, on demand, cable networks, and premium channels.

The company says the DIRECTV NOW service will be compatible with most mobile devices and platforms, as well as Amazon Fire TV and Fire TV Stick; Chromecast (Android at launch; iOS in 2017); Google Cast-enabled LeEco ecotvs and VIZIO SmartCast Displays; and Internet Explorer, Chrome, and Safari web browsers.

More devices next year

AT&T says it plans to add more devices next year, including Roku streaming players and Roku TV models, Amazon Fire tablets, and Smart TVs.

The Fullscreen video service launched earlier this year at $5.99 a month. It provides more than 1,500 hours of on-demand programming, including original productions.

FreeVIEW is a free, ad-supported video service. It offers programming from AUDIENCE Network, Otter Media properties, and other channels on DIRECTV NOW.

AT&T's new video services will compete with Dish Network's Sling TV and Sony's Playstation Vue, but Business Insider suggests it could raise a controversial Net Neutrality topic. It will have an advantage over its competitors, in that it is also an internet service provider (ISP) that can choose whether or not to make video streaming count against data allowances.

AT&T; is offering three video streaming services, making use of new and existing content tie-ins. On November 30 is will begin marketing DIRECTV NOW.Th...

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DirecTV Now will provide 100 channels for $35

Taking a page from Walmart's "falling prices" slogan, AT&T says its streaming TV package, DirecTV Now, will cost just $35 a month for 100 channels when it hits the marketplace this fall.

The $35 includes not only streaming to your home via internet but also unlimited mobile streaming, according to AT&T CEO Randall Stephenson, who made the announcement at The Wall Street Journal's digital conference today.

Besides adopting Walmart's slogan, AT&T is also in tune with Federal Communications Commision Chairman Tom Wheeler's drive to eliminate cable boxes. DirecTV Now will need nothing but a smartphone using AT&T or a home internet connection -- no cable box or satellite dish. No annual contract either, Stephenson said.

The company is targeting the 20 million or so U.S. consumers who don't have pay TV but, according to Bloomberg, is aiming to be the primary TV platform by 2020.

The $35 undercuts current industry norms for streaming video. Sling TV currently charges $20 for 25 channels while Sony's PlayStation Vue charges $54.99 for about 100 channels. 

Stephenson said that, long term, he expects the company's 5G network to be the primary delivery channel for streaming video. One AT&T executive called it "TV as an app."

Taking a page from Walmart's "falling prices" slogan, AT&T; says its streaming TV package, DirecTV Now, will cost just $35 a month for 100 channels when it...

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Proposed AT&T-Time Warner merger likely to face strong opposition

Consolidation continues in the media and communications industries, but the latest proposed deal is getting some strong push-back.

Over the weekend, AT&T confirmed that it wants to buy Time Warner for more than $85 billion. It comes on the heels of Verizon's deal to buy Yahoo and AT&T's own purchase of DirecTV in 2015.

But Yahoo Finance reports the deal may have a tough time getting a green light from government regulators. It quotes analysts as saying both the Federal Communications Commission and Department of Justice are likely to put the deal under a microscope to determine how it will affect consumers.

Matt Wood, policy director at Free Press, says these kinds of deals are almost always better for the combined businesses than for their customers.

Time to grab your wallet

"Any time you hear media executives talking about synergies, throwing around the business-babble that always accompanies these rumors, you know it’s time to grab your wallet and hang on tight,” Wood said in an email to ConsumerAffairs. “Big mergers like this inevitably mean higher prices for real people, to pay down the money borrowed to finance these deals and compensate top executives.”

Wall Street, of course, was quick to celebrate the proposed deal, because reducing competition and combining resources is usually good for the bottom line. But Wood says the evidence is clear that it doesn't help consumers. He says AT&T's acquisition of DirecTV was followed by price hikes.

"It’s a good thing there’s a renewed interest among lawmakers and antitrust enforcers in addressing this merger-mania,” Wood said. “It’s also a good thing we have solid Net Neutrality rules on the books — even though companies like AT&T continue to test those rules in the market, threaten them in Congress, and challenge them in the courts.”

Bipartisan opposition

Opposition to the proposed deal also surfaced on the presidential campaign trail. Speaking in Pennsylvania, GOP Presidential nominee Donald Trump denounced the deal in unusually harsh terms, saying “deals like this destroy democracy.” If elected, Trump said his Justice Department would move to quash the merger.

On the other side of the aisle, Senator Al Franken (D-MN) took to Facebook over the weekend to express his reservations.

“I'm skeptical of huge media mergers because they can lead to higher costs, fewer choices, and even worse service for consumers,” Franken wrote in a post. “And regulators often agree, like when Comcast unsuccessfully tried to buy Time Warner Cable, a deal that I fiercely opposed.”

In the coming days, Franken said he will press for further details about the proposed deal and how consumers would be affected.

Consolidation continues in the media and communications industries, but the latest proposed deal is getting some strong push-back.Over the weekend, AT&...

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Actors' ages become protected information in California

Maybe you occasionally find yourself wondering how old your favorite actor is. It's pretty easy to find out. A quick visit to IMDb.com will tell you, though maybe not for much longer.

A new California law that takes effect in January will require IMDb and other entertainment industry websites to remove birthdates when a subscriber requests it.

Gov. Jerry Brown signed the measure, AB 1687, Saturday. It was backed by the Screen Actors Guild and SAG-AFTRA as a way to combat age discrimination in Hollywood.

“Gov. Jerry Brown today stood with thousands of film and television professionals and concerned Californians who urged him to sign AB 1687, a California law that will help prevent age discrimination in film and television casting and hiring," said SAG-AFTRA President Gabrielle Carteris in a statement issued after the bill was signed. 

The measure was authored by Majority Leader Ian Calderon (D-Whittier), who said revealing actors' ages online could lock them out of roles before they even had a chance to audition.

“Even though it is against both federal and state law, age discrimination persists in the entertainment industry,” Calderon said. “AB 1687 provides the necessary tools to remove age information from online profiles on employment referral websites to help prevent this type of discrimination.”

Privacy groups unhappy

Privacy groups argued against the measure, saying it was unnecessary and unconstitutional. The Electronic Frontier Foundation, which normally takes a pro-privacy stance, said the law infringes on companies' First Amendment right to publish truthful information.  

Among the sites most obviously affected is Amazon's IMDb, a vast database that contains just about everything anyone could want to know about movies, actors, and the producers, directors, and screenwriters who form the core of the entertainment industry.

The measure got its start several years ago when actress Junie Hoang sued Amazon for revealing her true age on IMDb.

Hoang alleged that Amazon violated her privacy by accessing credit card data to learn that she was 40 and then added that information to her professional profile. 

Hoang said she looked younger than 40 but couldn't get as much work after her true age became known.

A jury ruled against Hoang, however, and an appeals court declined to reinstate her suit.

Maybe you occasionally find yourself wondering how old your favorite actor is. It's pretty easy to find out. A quick visit to IMDb.com will tell you, thoug...

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FCC prepares to vote on freeing consumers from cable set-top boxes

It's been just about a year since the Federal Communications commission (FCC) took up the issue of set-top boxes, and now it looks like the issue may be settled by the end of the month.

FCC Chairman Tom Wheeler today began circulating his "Unlock the Box" plan, publishing an abridged version as an op-ed in the Los Angeles Times and posting the full version on the FCC's website.

In a nutshell, Wheeler proposes eliminating set-top boxes except for consumers who want to keep them. Everyone else would use a free app to watch pay-TV and streaming video on the device of their choice, such as Roku, Apple TV, Xbox One, PS4, smart TVs, or Windows, iOS, and Android devices. 

Cable companies and the entertainment industry have been lobbying the issue heavily, claiming that eliminating the boxes will open up new avenues for thieves to steal content, depriving content creators of their just desserts.

But Wheeler has held that protecting consumers and encouraging competition take precedence over industry interests. He argues that 99 percent of pay-TV subscribers currently rent set-top boxes because there aren’t meaningful alternatives.

"Few choices and high prices"

"Lack of competition has meant few choices and high prices for consumers – $231 in rental fees annually for the average American household. Altogether, U.S. consumers spend $20 billion a year to lease these devices," when they could be using free apps, Wheeler says in his plan.

"Apps will liberate consumers from set-top boxes: The new rules will require pay-TV providers to offer to consumers a free app, controlled by the pay-TV provider, to access all the programming they pay for on a variety of devices, including tablets, smartphones, gaming systems, streaming devices or smart TVs," Wheeler writes.

Consumers will still have to pay for pay-TV programs, but they'll be freed of paying for the set-top box. Wheeler and others argue that the use of free apps will also create a bigger market for content and innovation in device development.

"Pay-TV providers must provide their apps to widely deployed platforms, such as Roku, Apple iOS, Windows and Android. Doing so will spur competition in the marketplace to develop new competitive products like next-generation streaming devices, smart TVs and tablets," Wheeler contends.

"A win for consumers"

The proposed rule is expected to be voted on by the full commission before the end of September, setting the stage for a final few weeks of fervent lobbying by both sides.

Competition advocate Chip Pickering, CEO of the advocacy group INCOMPAS, called Wheeler's plan "a win for competition, consumers and innovators."

"Competition is the law, and we commend Chairman Wheeler and the FCC for standing up for consumers who want lower prices, more choice, and the freedom to discover new and exciting content streaming online, said Pickering. “The FCC has made the critical key choice for an open, not closed future. By presenting a balanced approach, which takes input from all sides of the debate, the FCC has come down on the side of the consumer, and the innovators of the future.

Although Wheeler's plan is seen as firmly pro-consumer, it is still something of a compromise from his initial vision. The cable industry lobbied for the provision that would allow consumers to keep their set-top boxes if they wanted, but otherwise the plan falls pretty squarely on the consumer side of the issue.

Some commissioners wanted to go a bit further. Republican Ajit Pai wanted to eliinate set-top boxes altogether. But Wheeler said in his op-ed that his plan adequately protects the cable and entertainment industries.

"To ensure that all copyright and licensing agreements will remain intact, the delivery of pay-TV programming will continue to be overseen by pay-TV providers from end-to-end. The proposed rules also maintain important protections regarding emergency alerting, accessibility and privacy," he said.

"This is a golden era for watching television and video. By empowering consumers to access their content on their terms, it’s about to get cheaper—and even better," Wheeler concluded.

It's been just about a year since the Federal Communications commission (FCC) took up the issue of set-top boxes, and now it looks like the issue may be se...

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Comcast objects to FCC proposal to restrict 'pay-for-privacy' broadband pricing

Comcast is objecting to proposed rules that would outlaw the growing practice of charging broadband subscribers who don't agree to watch behaviorally targeted ads.

The Federal Communications Commission (FCC) is considering a rule that would do just that, but rather than protecting consumers, Comcast says it "would harm consumers by, among other things, depriving them of lower-priced offerings."

In a filing with the FCC, Comcast argues that, "a bargained-for exchange of information for service is a perfectly acceptable and widely used model throughout the U.S. economy, including the Internet ecosystem" and says it is "consistent with decades of legal precedent and policy goals related to consumer protection and privacy."

But FCC Chairman Tom Wheeler notes some crucial distinctions in the case of broadband advertising. In a July 11 letter to Rep. Michael Burgess (R-Texas), Wheeler observed that: "A consumer, once connected to broadband service, cannot simply avoid the network in the same manner as a consumer can instantaneously (and without penalty) switch search engines, surf among competing websites, and select among diverse applications."

Wheeler said consumers wanting to switch services would face charges including: "(1) early termination fees; (2) installation fees; (3) activation fees; and (4) the cost of new or replacement equipment (if owned equipment is not compatible with the new service)."

Wheeler noted that even if the consumer could afford those costs, many cities lack a competing broadband provider. 

"Devastating impact"

Privacy groups beg to differ. The non-profit advocacy organization Free Press says widespread adoption of the practice would have a "devastating impact on our most vulnerable populations."

"It could mean that only people with the necessary financial means could protect their privacy and prevent their ISPs from sharing their personal information with predatory online marketers," said Sandra Fulton, Free Press' government relations manager, in a blog posting.  

"Under pay-for-privacy models, consumers who are unable to pay the higher broadband cost will likely see their ISPs share their data with shadowy online data brokers who use this information to tailor marketing messages," Fulton said. "While unregulated and unaccountable data brokers are a threat to everyone’s privacy, they’re notorious for targeting low-income communities, people of color and other vulnerable demographics."

Senators object

Senators Elizabeth Warren (D-Mass.) and Bernie Sanders (I-Vt.) are supporting the FCC's proposed rule. In a letter to the FCC, the senators said, "Every click a consumer makes online paints a detailed picture of their personal and professional lives, and this sensitive information should be protected by strong privacy standards." 

"Not only is a pay-for-privacy standard counter to our nation's core principle that all Americans have a fundamental right to privacy, but it also may disproportionately harm low-income customers, the elderly, and other vulnerable populations," the senators wrote.

Comcast is objecting to proposed rules that would outlaw the growing practice of charging broadband subscribers who don't agree to watch behaviorally targe...

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DraftKings takes its games to the UK

The NFL plays a couple of games each season in London, so why wouldn't British fans want to get in on the daily fantasy sports (DFS) action?

No doubt that's part of the reason behind DraftKings' announcement that it is launching games in the UK, where soccer and cricket matches may prove to be more popular draws than American football.

“DraftKings will bring a totally new experience for sports fans, offering players the opportunity to test their skill at fantasy contests with the immediacy of daily play,” Jason Robins, co-founder and CEO of DraftKings, said in a statement emailed to ConsumerAffairs. “Alongside our new partners Arsenal, Liverpool and Watford, our ambition is to bring players as close to the action as possible, with all the information they need to assemble the best teams.”

DraftKings says it anticipates the move will open up what it called “healthy competition” between players in North America and the UK. The company says the DraftKings FC site will give players access to all the research, strategy and news they need to assemble their line-up.

The company no doubt hopes UK government authorities are less litigious than in the states. Several state governments – most notably New York – have made moves to limit, license or outright ban the games, declaring them to be illegal gambling.

New York state's suit seeking to bar New Yorkers from from the games is awaiting a hearing by a state appeals court. The games continues to operate under a court-granted stay, meaning New Yorkers will be able play pending the court's ruling.

The NFL plays a couple of games each season in London, so why wouldn't British fans want to get in on the daily fantasy sports (DFS) action?No doubt th...

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New York seeks refunds from DraftKings, FanDuel

Usually, when you play a daily fantasy sports (DFS) through DraftKings and FanDuel, you either win or you don't.

But players from New York stand to recover the money they paid to play -- if New York Attorney General Eric Schneiderman gets his way, anyway.

Schneiderman has amended his lawsuits against the two enterprises, which he has accused of violating New York state gambling laws, to include a demand for restitution. The suit now asks that FanDuel and DraftKings be required to produce an accounting of monies collected from consumers in New York playing any of its games in violation of the law.

Not only is Schneiderman asking the court to order the two companies to repay all entry fees to New York players, his suit seeks a civil penalty of up to $5,000 for each violation.

The Wall Street Journal reports the sites took in a combined $200 million from 600,000 New York players last year. A judgment could potentially be staggering.

Investigation began in October

Schneiderman opened an investigation into DFS in October following reports of an employee at one of the companies profiting through the use of insider information. Not long afterward, Scheiderman issued a cease and desist order before going to court to have the two companies declared illegal gambling operations.

“DFS is a new business model for online gambling,” the suits allege. “The DFS sites themselves collect wagers (styled as 'fees'), set jackpot amounts, and directly profit from the betting on their platforms. DFS’ rules enable near-instant gratification to players, require no time commitment, and simplify game play, including by eliminating all long-term strategy."

Schneiderman's suit claims New Yorkers have been harmed by the games, especially those who have a gambling addiction.

Usually, when you play a daily fantasy sports (DFS) through DraftKings and FanDuel, you either win or you ...

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New York raises the ante against DraftKings and FanDuel

A day after a New York judge refused a bid by Fanduel and DraftKings to slap a temporary restraining order on New York Attorney General Eric Schneiderman, Schneiderman has gone to court against the two daily fantasy sports (DFS) enterprises.

Schneiderman is seeking a preliminary injunction against the two companies, which already face a cease and desist order the attorney general issued last week.

In the court filing, Schneiderman lays out his case that the two companies constitute illegal gambling under state law.

“Under New York law, a wager constitutes gambling when it depends on either a (1) 'future contingent event not under [the bettor’s] control or influence' or (2) 'contest of chance.' So-called Daily Fantasy Sports (“DFS”) wagers fit squarely in both these definitions,” Schneiderman wrote. “DFS is nothing more than a rebranding of sports betting. It is plainly illegal.”

Disputing the game of skill argument

Schneiderman went on to reject the two companies' argument that their games involve skill, not chance. He says chance plays just as much of a role, if not more, than it does in games like poker and blackjack.

“A few good players in a poker tournament may rise to the top based on their skill; but the game is still gambling,” Schneiderman declared. “So is DFS.”

Schneiderman goes on to charge both FanDuel and DraftKings are winking at the law, maintaining in public that they run games of skill, but privately evoking the profits of gambling to investors.

He says DraftKings has also embedded gambling keywords into the programming code for its website. Some of these keywords include “‘fantasy golf betting,’’ “weekly fantasy basketball betting,” ‘‘weekly fantasy hockey betting,” “weekly fantasy football betting,” “weekly fantasy college football betting,” “weekly fantasy college basketball betting,” “Fantasy College Football Betting,” “daily fantasy basketball betting,” and “Fantasy College Basketball Betting.” This increases the likelihood that search engines, like Google, will send users looking for gambling straight to the DraftKings site.

Nevada was first

New York is the second state to find that DFS amounts to gambling. In October, Nevada gaming officials reached the same conclusion.

In a memorandum, Nevada Gaming Control Board Chairman A.G. Burnett said he asked the state attorney general's office and others to examine enterprises like DraftKings and FanDuel to determine if they were gambling operations.

“Based on these analyses, I, along with staff, have concluded that DFS constitutes gambling under Nevada law,” Burnett wrote. “More specifically, DFS meets the definition of a game, or gambling game pursuant to Chapter 463 of the Nevada Revised Statutes.”

Under current law, Burnett says, if you are going to operate such games – as DraftKings and FanDuel do – then you must be licensed.

The Nevada decision isn't nearly the problem for the two companies, however, that New York's action is. That's because a large percentage of players in both companies' games live in New York.

In light of the state attorney general's action, both companies have barred New Yorkers from playing until the matter runs its course in court, resulting in a significant drop in revenue.

A day after a New York judge refused a bid by Fanduel and DraftKings to slap a temporary restraining order on New York Attorney General Eric Schneiderman, ...

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AT&T launches DirecTV bundle

Bundles aren't exactly a new thing. Cable TV providers often bundle TV, Internet, and telephone services.

But AT&T; claims to have broken new ground by bundling DirecTV and wireless services starting August 10. It can make that offer by virtue of its purchase of DirecTV, a merger that got regulatory approval only last week.

Consumers who sign up will be able to watch cable TV on their smartphones and tablets, not just at home.

AT&T; says the savings will be substantial. Customers will get HD and DVR service for up to four TV receivers, unlimited talk and text for four wireless lines, and 10GB of shareable wireless data for $200 per month. By AT&T;'s calculations, that's an annual savings of $600 or more in the first 12 months, but as a practical matter, it works out to a $10 a month discount for getting all the services on a single bill.

“We’re going to deliver more TV and entertainment choices to more screens – when and where our customers want it,” said AT&T; VP Brad Bentley. “And we’ll offer incredible value with more flexibility and convenience through our integrated packages that deliver a great experience.”

Immediate wireless access

Hoping to spur new subscriptions, AT&T; is offering new customers immediate access to DirecTV on their wireless devices as soon as they walk out of the store; customers won't even have to wait for the satellite receiver to be installed. That feature will be delivered through the DirecTV app, which can be downloaded and installed during the sales and activation process.

AT&T; said it is now offering DirecTV service in more than 2,000 AT&T; retail stores nationwide, built around different bundling packages. They include:

  • DirecTV Select or U-verse U-Family, $50 per month
  • DirecTV Xtra or U-verse U-200, $70
  • DirecTV Ultimate or U-verse U-300, $75
  • DirecTV Premiere or U-verse U-450, $125

Customers will be able to include AT&T;’s wireless services, with 10GB of shareable data and unlimited talk and text for four phone lines, for $160 per month. Add that to the basic TV plan for $50, with service on up to four TVs, AT&T; says consumers will pay $200 per month for the All-in-One plan after a $10 a month combined bill discount.

Part of the promotion is designed to entice defections from rival companies. AT&T; says DirecTV and U-Verse TV customers who switch to AT&T; wireless service from another wireless provider will get a $300 credit when they buy a smartphone on AT&T; Next and trade in an eligible smartphone.

Adding Internet service

Customers can add AT&T; high-speed Internet services and get price incentives as part of the “All-Included” plans. Introductory 12-month promotional pricing includes the wi-fi gateway with no monthly fees for equipment. Different pricing is available for three speed tiers, including:

  • AT&T; high-speed Internet with speeds up to 6Mbps, $30 per month
  • AT&T; high-speed Internet with speeds up to 24Mbps, $40 per month
  • AT&T; high-speed Internet with speeds up to 45Mbps and 75Mbps, $50

With the completion of the merger and the new bundle offer, AT&T; says it is now the largest pay TV provider in the world, providing service to more than 55 million customers in the United States, Latin America, and the Caribbean.

More importantly, industry analysts say it's another step toward the convergence of old and new media, with consumers expecting to be able to “watch TV” on their wireless devices, and providers taking steps to make that happen.

Bundles aren't exactly a new thing. Cable TV providers often bundle TV, Internet, and telephone services.But AT&T claims to have broken new ground by b...

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More public venues to consider selfie-stick bans

The selfie phenomenon, which involves taking a self portrait with your smartphone camera, has spawned a product – the selfie stick.

The monopole allows a camera user to grip the device and hold it a further distance from his or her body, allowing for a more natural photograph. As annoying as some people think selfies are, these people tend to view selfie sticks with even more contempt.

Disney made news recently when it imposed a ban on selfie sticks at all its theme parks, apparently because their use posed risks to users and other guests. Eric Olson, assistant professor of event management at Iowa State University and former Disney employee, said Disney at first planned to only prohibit selfie sticks on specific thrill rides and attractions, but it has since announced a park-wide ban.

Quite a few incidents

“I was recently talking with some of my colleagues at Disney and there have been quite a few incidents where guests were pulling the selfie sticks out on attractions and rides,” Olson said. “I think a lot of families, as well as the cast and employees will be thankful for the decision. I do know attractions were being stopped if a guest pulled one out on a ride or attraction to take a photo. So it really caused an inconvenience for all guests.”

Olson said he and many consumers will be pleased with the ban. Not only that, he predicts that other theme parks and public venues will follow Disney's lead and ban the selfie stick.

But the popularity of the selfie stick suggests that there will be plenty of people who are not happy with the theme park's new policy. Olson says Disney is taking steps to communicate the change through its website, at its hotels, and at park entrances.

It's not a big deal, he says. The ban on selfie sticks is no different than the list of other items, such as coolers and lawn chairs, you can't bring into the park. Olson expects the response to be similar to a decision Disney made during his time there, to only allow smoking in designated areas.

“Initially, there was a little uproar, but I think it was just a matter of communicating the policy change and now it’s not an issue,” Olson said. “Initially, some guests will be upset, but long-term, as with any policy change, guests will accept it.”

Idea catching on

Olson thinks keeping selfie sticks out of public venues is a good idea and one that is catching on. On his recent rip to China he noticed the Shanghai Museum does not allow visitors to use selfie sticks either.

As for why everyone seems to feel the need to visually document their every move, Olson defers to his Iowa State colleague, Zlatan Krizan, an associate professor of psychology.

“The modern culture of self-promotion certainly fuels such use of selfies, with social media sites providing a sort of a competitive race to whose life is more interesting,” Krizan said.

But isn't that just a wee bit nascissistic? Krizan says it might indicate some narcissism, but that the standards for how we self-present have shifted, so that most selfie behavior is now considered normal.

“Taking a selfie, while flexing or wearing underwear, is more debatable,” he said.

Use of selfie sticks may not be as dangerous as using a chain saw, but plenty of users have mishaps. Time magazine reports a family in Massachusetts got pulled into a rip tide and nearly drowned this week while recording a video with a selfie stick.

Time, by the way, listed the selfie stick on its list of “25 Best Inventions of 2014.”

The selfie phenomenon, which involves taking a self portrait with your smartphone camera, has spawned a product – the selfie stick. The monopole allows ...

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Satellite, cable providers often strike out when it comes to sports

Satellite and cable TV providers could give Congress a run for its money in the public disdain department. Just about everything they do annoys consumers, putting the TV subscription and Internet service business a slot or two below airlines in the public estimation.  

Consumers rate DISH Network

DISH Network is certainly no exception. Consumers complain about everything from reliability to fees to contract terms to program selection. The signal fails when it rains (and even when it's sunny), they say. Fees are higher than expected and contracts seem to run forever.

And as for the channel line-ups, there've been several near-uprisings over the last year or so, when DISH booted channels from Fox, CNN and others in contract disputes. Some of the channels returned, some didn't.

But while we can all live without news and old movies, baseball is another matter. Fans who signed up for DISH and other providers often think they'll get to see all of their favorite team's schedule but it doesn't always work out that way.

Take Jay of Cartersville, Ga., a Braves fan. He filed this video review:

It's not just the Braves. Joel of Bangor, Pa., thought he'd get all the Pirates games but it didn't turn out that way.

"I switched from DirecTv to DISH Network as part of a package deal from my phone company. I asked and was told that there would be no problem getting Pittsburgh Pirate baseball," Joel said. "I was not able to get the games and was told they were blacked out. However, a neighbor down the road was able to get those games on DirecTv so they were not blacked out."

Joel switched back to DirecTV and now faces a $440 contract termination charge from DISH.

DISH is not alone, of course. All the TV subscription services generate similar complaints. Take Comcast, for example. 

"I have 'basic cable.' I used to get the Red Sox baseball games and the local news on basic cable," said Richard of Groveland, Mass. "Xfinity changed that so all I get with 'basic cable' is a bunch of Spanish channels, two Boston channels, and a bunch of PBS stations. I can no longer get Red Sox baseball or the New England Patriots football."

The only way to avoid situations like this is to read the contract very carefully before signing it, while ignoring whatever the salesperson is telling you. In most cases, cable and satellite companies have the option to add and drop channels as they see fit. And sometimes, upstream changes in licensing leave them no choice. 

Satellite and cable TV providers could give Congress a run for its money in the public disdain department. Just about everything they do annoys consumers,...

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FTC charges DirecTV with false advertising over two-year contracts

The Federal Trade Commission has charged DirecTV with deceptive advertising.

The FTC says that DirecTV's offer of a discounted 12-month subscription package constitutes deceptive advertising because it requires a two-year contract that increases by $45 per month in the second year, with early cancellation fees of up to $480 for anyone who tries canceling before the two-year term is up.

Furthermore, according to the FTC, DirecTV failed to mention that its offer of three months' free premium channels is a “negative option continuity plan” requiring customers to proactively cancel those subscriptions in order to avoid automatic charges on their debit or credit cards after the three months are over.

"I am tired of these companies raising rates while we are in 2-year agreements," said Kathy of Franklin, Ohio, in a ConsumerAffairs review posted just days before the FTC's action. "I cannot understand how I can be held to an agreement to keep a service at a price I agreed to but they are allowed to raise their rates in the middle."

The FTC is seeking a court order barring DirecTV from engaging in such actions, and also seeks a monetary judgment to issue partial refunds to customers.

Not enough disclosure

Consumers rate DirecTV

The FTC also charges that DirecTV violated the Restore Online Shoppers' Confidence Act (ROSCA) by failing to “clearly and conspicuously disclose on its website all of the material terms of offers with a negative option component.” (In other words, it didn't clearly spell out that signing up for those “free” premium channels would eventually result in some costs for the consumer.)

“DirecTV misled consumers about the cost of its satellite television services and cancellation fees [and] sought to lock customers into longer and more expensive contracts and premium packages that were not adequately disclosed," FTC Chairwoman Edith Ramirez said. "It’s a bedrock principle that the key terms of an offer to a consumer must be clear and conspicuous, not hidden in fine print.”

Joan from Moreno Valley, California, agreed:

When you sign up, DirecTv representative are not honest in how they represent this company .... You have to pay a hidden fee to link the equipment after paying lease fees on said equipment. I STRONGLY suggest you do not use DirecTV or Dish for that matter. Additionally, with Direct even if you sell your house and not buy again, there is no way to get rid of the early cancel fee.

Today, the Federal Trade Commission charged DIRECTV with deceptive advertising regarding the price of its satellite television services. The FTC says that...

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Nothing goofy about the new prices at Disneyland

Mickey is acting Goofy since he got his raise. Disney theme parks have hit the $100 mark to be able to stay and play with all your Disney friends.

A one-day ticket to the Walt Disney World Resort's flagship theme park, the Magic Kingdom, now costs $105, up from $99. They just had a $4 increase last year. The price of admission applies to anyone 10 years and older entering the Orlando-area theme park. Younger children, aged 3 to 9, pay $99.

Prices also increased for the other Disney World theme parks -- EPCOT, the Animal Kingdom Park and Hollywood Studios -- to $97 for visitors aged 10 and older, compared to $94 last year.

An adult one-day ticket to Disneyland or Disney California Adventure will rise from $96 to $99. A one-day park hopper add-on will increase from $54 to $56.

Tickets for children ages 3 to 9 will climb from $90 to $93. A price for a Premium annual pass with parking and no blackout dates will go up 11 percent, from $699 to $779.

Cutting corners

It's not easy for a family to afford a vacation like this. There are some ways to cut corners though when visiting.

The best route is to avoid single park tickets altogether and buy a "Park Hopper" instead. A "Park Hopper" allows you to hop from one Disney park to another in a single day, and it's only an additional $50 per person

Decide where you are going to stay -- at one of the Disney hotels or off-site.

Disney hotels are crazy expensive and just because you can get a wakeup call from Mickey or Snow White you need to think if that is really worth it. On the other hand having to pay for parking at $15 a shot and lug a stroller around can also be enough to wear you out before you get there.

Food at a theme park is overpriced. Pack a lunch and agree with your kids that they can buy one treat. You can easily save $100 a day by bringing your own food and drinks. You can get lockers if you don’t want to carry around your items -- or swing a backpack over your shoulder and save the extra walking to go back to the locker.

Everyone wants a souvenir but if your kids are young enough that you can get by with it, buy them ahead at Walmart -- they are so much cheaper and what a surprise you can give them when you get back to the room and Donald Duck is in your suitcase.

Buy things on sale at the Disney Store ahead of time and have them sent directly to your hotel. Imagine the surprise when it comes right to your door. Yes this requires planning but you will save money and make your kids happy and what is the goal

There are several free apps that you can download to keep track of the wait times for rides. If you stay at a Disney Hotel you can get into the park an hour early. That hour goes crazy fast (and note there are big lines at the hotel too so don’t leave your room at the last second or you might miss part of your hour.)

Would you like to have this site at your fingertips while you’re at Disneyland? Accessing MouseSavers.com on a smartphone (iPhone, Android, Windows Phone, Blackberry, etc.) makes it convenient to look up tips and tricks, check on dining discounts, see what events are happening during your stay, and lots more.

Although this costs nothing remember to have fun.

Mickey is acting Goofy since he got his raise. Disney theme parks have hit the $100 mark to be able to stay and play with all your Disney friends....

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A Monopoly game with real money? Oui, but only in France

You may not win Park Place but you could be lucky and win about $23,000. If you live in France.

It's Monopoly's 80th anniversary and to commemorate, Hasbro is issuing a handful of special sets in France with real euros in place of the usual colorful paper money.

There will be 80 special sets; 69 will be complete with five 10-euro notes and five 20-euro notes, another 10 will come with five 20-euro, two 50-euro and one 100-euro bills, and one set will be all cash. That comes out to  20,580 euros -- or about $23,650 in American money.

I know the big question is whether we will see the same limited edition here in the States. Mum is the word on that and Hasbro hasn't pulled a Chance card yet for the U.S.

The 80th anniversary edition is out in the U.S. It has  a vintage-styled board, cards and money, wooden houses and hotels along with classic tokens from across the decades such as the lantern and money bag. No real money though.

Monopoly editions come in a variety of versions from a make-your-own game board, which allows you to customize all the game equipment and rules to your liking, to San Francisco jeweler Sidney Mobell who has the most expensive Monopoly set, a $2 million game with a golden board and diamond-studded dice.

Monopoly can be traced back to the early 20th century. The earliest known version of Monopoly, known as The Landlord's Game, was designed by an American, Elizabeth Magie, and first patented in 1904 but existed as early as 1902.

Some stats on Monopoly from Hasbro:

  • More than 275 million sets have been sold worldwide.
  • Monopoly is available in 111 countries in 43 languages.
  • The longest game on record lasted for 70 days. That was on terra firma; Monopoly has also been played underwater and in a treehouse.
  • There are 32 houses and 12 hotels in a standard Monopoly set.
  • A Monopoly board has 40 spaces, including 28 properties. Yes, that includes the railroads.
  • The lowest rent in Monopoly? Mediterranean Avenue with no houses.  It'll cost you $2 to land on it. The most expensive? Boardwalk with a hotel, worth a cool $2,000. Wouldn't it be nice to be a hotel at that bargain price.
  • In 2008, more than 3,000 people played the game at the same time, a record.

You may not win Park Place but you could be lucky and win about $23,000. If you live in France....

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Court finds Dish Network violated telemarketing rules "tens of millions" of times

Dish Network has been taking lots of heat lately for its licensing battles with CNN and Fox News but what has left consumers steaming for years are annoying and seemingly endless calls from telemarketers.

The CNN and Fox tussles have been settled but the phone calls may be a bigger problem. A federal court in Illinois has found Dish liable for tens of millions of calls that violated the Federal Trade Commission’s telemarketing rules.

Cindy of Cedar Rapids, Iowa, was one of the millions of consumers annoyed by Dish's calls.

"I received numerous phone calls from Dish Network from telemarketers from a 208 area code. The reps were rude and threatening and ran up excessive charges on my cell phone despite blocks that were added," she said in a complaint to ConsumerAffairs. "I incurred a $139 vs. $49 phone 1 month and $89 vs. $49 the 2nd month before they called."

"Today I was at my parents and the phone rang, I answered it and it was a telemarketer trying to sell Dish Network," Patrick of Beaverton, Mich., said in a similar complaint. "I explained I was not interested and hung up. The phone rang every time I had it hung up for over an hour."

The FTC’s complaint alleged that Dish and its agents made telephone calls to phone numbers on the National Do Not Call (DNC) Registry. Other charges are still pending and will be resolved at trial later this year.

Millions and millions

In the current ruling, the court found Dish liable for 4,094,099 calls it or its vendors made to numbers on the Registry and for 2,730,842 calls its retailers made to numbers on the Registry.

The complaint also alleges that Dish made calls to people who had previously said that they did not wish to receive such calls. On this count, the court ruled that Dish is liable for 1,043,595 calls to consumers whose telephone numbers were on Dish’s internal do-not-call list or were marked “DNC” by Dish’s telemarketing vendor.

In addition, the complaint alleges that Dish and its agents abandoned calls, in violation of the “abandoned-call” provision of the FTC's telemarketing rules. On this count the court ruled that Dish is liable for 49,738,073 abandoned calls that Dish and three of its retailers made. The court found that Dish is liable for both its own calls, and for causing these retailers’ abandoned calls.

Dish Network has been taking lots of heat lately for its licensing battles with CNN and Fox News but what has left consumers steaming for years are annoyin...

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Fox returns to Dish after three-week hiatus. Was it fair? You decide.

Dish Network may have saved a few dollars in its contract tussle with Fox but it has rebranded itself as Satan in the minds of many loyal Fox fans.

"I called and told them that if they lost Fox News I would leave...They did and I did!!!" said an angry Fox follower named Wayne in one of many angry reviews and emails submitted over the last few weeks. 

"Dish has violated my contract," said a viewer who signed herself Mary Mary. "When I joined Dish you offered Fox News. Since you no longer supply what I signed up for i no longer have to pay you. I will not pay until Fox News is back."

Not to be contrary, but Mary Mary should check her contract, as should anyone else who tried to dump out of their Dish agreement. There are numerous clauses that hold Dish harmless if any of its suppliers (i.e., program producers) can't or won't deliver the goods. 

What Wayne and many others missed was that the dispute was not political -- after all, Dish had a similar falling out with CNN just a few weeks earlier -- but just another in a seemingly endless series of disputes over licensing fees.

After all, while Fox, MSNBC, CNN, et al, may seem like political organizations to their viewers, the truth is that they and their distributors, like Dish, are in it for the bucks and both parties are trying to maximize their return. It's like the coffee bean farmers who sell their produce to Starbucks, although the networks are in a stronger position than your average coffee bean farmer.

News is a lot like coffee, actually. You have to keep brewing up a fresh batch or it gets stale and bitter. 

Consumers rate DISH Network

So despite the turmoil among a healthy number of its 14 million subscribers, Dish Network is now back on track, Fox is back on the satellite and all is right with the world for at least the next three years, which is how long the companies' new contract extends.

Besides Fox News, the new deal covers Fox Business as well.

“We thank the viewers of Fox News and Fox Business and Dish customers for their patience throughout this process,” the companies said in a joint statement.

Gee, thanks guys. Feel free to hold us hostage anytime. 

Dish Network may have saved a few dollars in its contract tussle with Fox but it has rebranded itself as Satan in the minds of many loyal Fox fans....

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DirecTV launches streaming Spanish-language service

While Dish Network is locked in its latest licensing fight -- this time with Fox -- competitor DirecTV is launching Yaveo, a new streaming video service for Hispanic consumers.

It's an Internet-only subscription video service that promises access to thousands of hours of movies, TV shows and sports, all for $7.99 a month. No DirecTV subscription is needed and there is no contract; the service is month-to-month, with the first month free. It's available only in the U.S.

“Yaveo gets DIRECTV into the OTT (over-the-top) business and we’re excited to start with a compelling Spanish-language service targeted to the Hispanic community,” said Paul Guyardo, chief revenue and marketing officer. “We’ll learn a great deal, use the findings to grow and improve the Yaveo platform and expand our OTT offering over time.”

The Yaveo linep includes Univision telenovela “La Malquerida;” “All the Pretty Horses” with Matt Damon and Penélope Cruz; Roberto Rodriguez’s 1995 “Desperado,” starring Antonio Banderas; and “Paul Blart: Mall Cop,” starring Kevin James.

Program sources include:

beIN Sports en Español
Nick en Español
Canal 22
Pasiones
Canal Once
RCN
Caracol
TMN (The Movie Network)
Cine Sony Television
Tr3s
El Garage
Univision suite of networks
¡Hola!TV
Video Rola
MTV

While Dish Network is locked in its latest licensing fight -- this time with Fox -- competitor DirecTV is launching Yaveo, a new streaming video service fo...

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Dish dishes up Netflix

Dish has been in the news lately for dropping, then reinstating, CNN and CBS stations in licensing disputes. Now it's adding something -- Netflix, the most popular and widely-watched streaming network.

Netflix will be available on Dish's second-generation Hopper box, rolling out today. That gives customers the ability to instantly stream Netflix movies and TV shows, including "House of Cards" and "Orange is the New Black," from the same platform used to access their linear television channels.

"This app integration eliminates the need to switch television inputs to access content on varying devices. It gives our customers easy access to their favorite shows and movies, on both DISH and Netflix, without ever having to leave their Hopper," said Vivek Khemka, Dish senior vice president of product management.

Hopper customers will find the same Netflix user interface found on most other platforms. The app is easily accessible from any channel by clicking the blue button on the Dish remote and selecting the Netflix icon, or from the Netflix icon on the Hopper main menu. 

The Netflix app is currently available on all broadband-connected second-generation Hopper set-top boxes. In the coming months, DISH expects the app to rollout to Joey, Super Joey and Wireless Joey clients.

Additionally, in the future, titles available on Netflix could be integrated into the search functionality across live, recorded and Video On Demand programs for both the Hopper as well as DISH's forthcoming OTT service.

Dish has been in the news lately for dropping, then reinstating, CNN and CBS stations in licensing disputes. Now it's adding something -- Netflix, the most...

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Sony agrees to partial refunds for Play Station Vita buyers

Sony has agreed to cough up partial refunds for consumers who bought the PlayStation Vita handheld gaming console during its U.S. launch campaign in late 2011 and early 2012, after the Federal Trade Commission charged that it deceived consumers with false advertising claims about the “game changing” technological features of the handheld gaming console.

Sony will provide consumers who bought a PS Vita gaming console before June 1, 2012, either a $25 cash or credit refund, or a $50 merchandise voucher for select video games and services. Sony will provide notice via email to consumers who are eligible for redress after the settlement is finalized by the Commission.

“As we enter the year’s biggest shopping period, companies need to be reminded that if they make product promises to consumers -- as Sony did with the “game changing” features of its PS Vita -- they must deliver on those pledges,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The FTC will not hesitate to act on behalf of consumers when companies or advertisers make false product claims.”

As part of its launch campaign for the PS Vita, Sony claimed that the pocket-sized console would revolutionize gaming mobility by enabling consumers to play their PlayStation 3 games via “remote play,” and that they could engage in “cross platform” play by starting a game on a PS3 and then continuing it on the go, right where they left off, on a PS Vita. The FTC alleges that each of these claims was misleading.

Misleading claims

In a related action, the Commission charged that Deutsch LA, Sony’s advertising agency for the PS Vita launch, knew or should have known that the advertisements it produced contained misleading claims about the console’s cross platform and 3G capabilities.

The FTC also alleges that Deutsch LA further misled consumers by urging its employees to create awareness and excitement about the PS Vita on Twitter, without instructing employees to disclose their connection to the advertising agency or its then-client Sony. Under a separate settlement order, Deutsch LA is barred from such conduct in the future.

The PS Vita is a handheld gaming console that Sony first sold in the United States in February 2012 for about $250. Unlike the PS3, which allows consumers to play video games on a television, the PS Vita is a portable device that enables gamers to play “on the go,” untethered to a television screen.

The FTC said Sony made false claims about the PS Vita’s “cross platform gaming” or “cross-save” feature. Sony claimed, for example, that PS Vita users could pause any PS3 game at any time and continue to play the game on their PS Vita from where they left off. This feature, however, was only available for a few PS3 games, and the pause-and-save capability described in the ads varied significantly from game to game.

The FTC’s complaint also alleges that Sony’s PS Vita ads falsely implied that consumers who owned the 3G version of the device (which cost an extra $50 plus monthly fees) could engage in live, multi-player gaming through a 3G network. In fact, consumers could not engage in live, multiplayer gaming.

Sony has agreed to cough up partial refunds for consumers who bought the PlayStation Vita handheld gaming console during its U.S. launch campaign in late 2...

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Snake-snack stunt draws hisses from animal lovers

Would you lather yourself up in pig's blood, hoping to persuade an anaconda to swallow you and regurgitate you? I can think of things I would rather do but there is always that one person who wants to be the first.

Of course it's happening on TV. The Discovery Channel's "Eaten Alive" show, which claims it will show a man being eaten alive by an anaconda, will not only torment the snake. It is also getting under PETA's skin.

"Anacondas go days without eating and expend the energy needed to do so selectively. Making this snake use up energy by swallowing this fool and then possibly regurgitating him would have left the poor animal exhausted and deprived of the energy that he or she needs," the animal rights group said in a statement.

Paul Rosolie who is an author, environmentalist and -- you guessed it -- wildlife filmmaker is the planned snake snack. Rosolie will be wearing a tether that can pull him back out should he go too deep, along with a custom-built snake suit. (Custom built because this is just not the type of outfit one can pick up at Target.)

He will lather himself up with pig's blood so he becomes enticing for this huge powerful snake. An adult anaconda can weigh up to 550 pounds and grow to be 29 feet long.

And although Rosolie sent a message on Twitter on Nov. 4 saying he would "never hurt a living thing," he's not very popular with animal lovers right at the moment.

Around 20,000 people have already signed a petition on Change.org saying they will boycott the show and calling on Discovery to cancel its scheduled Dec. 7 airing.

Would you lather yourself up in pig's blood and then let an anaconda swallow you and regurgitate you? I can think of things I would rather do but there is ...

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Walking Dead's longevity on DirecTV in doubt

A few days ago, the news was Dish Network dumping CNN. Now it's DirecTV possibly putting a stake through the heart of "The Walking Dead," "Mad Men" and other popular AMC shows.

AMC says its contract with DirecTV has expired and it says the satellite channel “has not engaged in meaningful negotiations with us, which leaves us to doubt whether a timely renewal is possible."

But DirecTV says not to worry, promising that the risen dead series will live on for the rest of the season, saying that it intends to "renew our AMC partnership at a price that’s fair to our customers."

Translation: Both parties are playing hardball seeking the best deal they can get while preparing to shift the blame to the other party if negotiations fail.

"Great respect"

It's still fairly early in the process so both sides are trying to stay positive. AMC says it has "great respect" for DirecTV, which in turn is assuring its subscribers that it has their best interests in mind.

"You come first," says DirecTVPromise.com, a website where the network puts its spin on contract talks. "DirecTV is committed to bringing you the best TV experience at the most reasonable value."

For its part, AMC has been inserting adroit advisories in its popular shows and using its website to urge fans to contact DirecTV.

"You are at risk of losing AMC and your favorite series, including 'The Walking Dead,' 'Mad Men,' 'Better Call Saul' and much more," the AMC site claims.

But zombie enthusiasts should be able to rest in peace for the next few months. The current contract runs through the end of the calendar year and "Dead" is scheduled to take a mid-season break in Novembrr, resuming in February.

Industry watchers say that DirecTV is trying to avoid unnecessary controversy while the Federal Communications Commission and other regulators consider whether to give the go-ahead to its purchase by AT&T.

A few days ago, the news was Dish Network dumping CNN. Now it's DirecTV possibly putting a stake through the heart of "The Walking Dead" and other AMC show...

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Customer says Comcast overcharged him and got him fired; sues in federal court

Of all the bad-customer-service stories Comcast customers might have, none is likely to top that of former customer Conal O'Rourke, also a former employee of the accounting firm PriceWaterhouseCoopers (which, incidentally, does a lot of business with Comcast).

Last Thursday, O'Rourke filed suit against Comcast, alleging among other things that the cable giant violated federal privacy law when, presumably in retaliation for O'Rourke's complaints of bad customer service, someone at Comcast contacted O'Rourke's employer and had him fired.

The Consumerist first broke the story of O'Rourke's firing on Oct. 6, after he'd contacted them with his initial complaint: in early 2013, he said, he signed up with Comcast to take advantage of a nine-month promotional offer.

Problems from the start

But he had problems from the start: Comcast charged him for set-up boxes not yet activated, and misspelled his name on mailings so that some of his bills went undelivered. When the promotional period ended Comcast upped his monthly bill by $20, continued charging him for the still-unactivated set-up boxes, and also charged him for modems he never received.

Consumers rate Comcast Cable Service

When O'Rourke tried canceling his Comcast service in Oct. 2013, a Comcast rep talked him out of it by assuring him that his billing issues would be resolved shortly, and offered him free DVR service and a free three-month subscription to The Movie Channel as compensation for his troubles.

He accepted. Then things got worse. Comcast sent him a dozen pieces of equipment – DVRs, modems and things he didn't recognize – and billed him $1,800 for it all. O'Rourke disputed these charges, frequently contacting the company and sending them detailed spreadsheets he'd made showing all the errors in his bills.

It didn't help. Last February, Comcast sent O'Rourke's bill to collections even though it was not yet past due. So on Feb. 6, thoroughly fed up with Comcast's regular customer service, he went over their heads and contacted the office of the company Controller. And here's what happened next, according to the Consumerist:

He spoke to someone in that office who promised Conal would receive a call back to address the issues.

He describes that callback as “bizarre,” with the rep not identifying which company she was calling from, just starting out with “How can I help you?” Then she kept insisting that a technician had shown up for an appointment, but wouldn’t specify which appointment. The rep then began asking him for the color of his house.

So he tried the Controller’s office again, to let them know that the rep they’d sent his way had failed miserably at her job.

During this call, he says that he mentioned that Comcast’s billing and accounting issues should probably be investigated by the Public Company Accounting Oversight Board (PCAOB), a private-sector oversight operation. This ultimately led to two service calls where no one ever showed up and no explanations were given.

As a professional accountant who at the time worked for PriceWaterhouseCoopers, of course O'Rourke knew about the PCAOB, whereas your average non-accountant Comcast customer probably would not.

Ethics investigation

Some time after that call, somebody at Comcast contacted PriceWaterhouseCoopers to complain about O'Rourke, who was soon fired after an “ethics” investigation even though he'd previously received excellent reviews at his job.

In a prepared statement, PwC said: "Mr. O’Rourke was employed in one of our internal firm services offices. The firm terminated his employment after an internal investigation concluded that Mr. O’Rourke violated PwC’s ethical standards and practices, applicable to all of our people. The firm has explicit policies regarding employee conduct, we train our people in those policies, and we enforce them. Mr. O’Rourke’s violation of these policies was the sole reason for his termination." 

Comcast and O'Rourke tell slightly different versions of what happened when O'Rourke called the Controller's office; Comcast says he name-dropped his employer, whereas O'Rourke maintains he never said who he worked for, but figured that after the call, someone at Comcast looked him up online and figured out who he worked for.

Comcast has not yet released the recordings of the disputed phone call.

That was the story as of Oct. 6. Two days later, Comcast executive Charlie Herrin, whose full title is given as “Senior Vice President, Customer Experience, Comcast Cable in Customer Experience” on the Comcast corporate blog, posted “A Public Apology To Conal O'Rourke,” in which he apologized for the poor customer service and billing errors O'Rourke suffered, but denied any role in O'Rourke's loss of employment:

What happened with Mr. O’Rourke's service is completely unacceptable. Despite our attempts to address Mr. O’Rourke’s issues, we simply dropped the ball and did not make things right. Mr. O’Rourke deserves another apology from us and we’re making this one publicly. We also want to clarify that nobody at Comcast asked for him to be fired.

Then, last Thursday, O'Rourke's lawyers filed suit (available here in .pdf form) against Comcast the corporation, Lawrence Salva the individual (who also works as Comcast Controller), and unnamed “Does [as in John and Jane] 1-20,” certain Comcast employees whose names and identities O'Rourke and his attorneys do not yet know.

$30 million a year

Remember when O'Rourke called the Controller's office and suggested that the company deserved to be investigated by the Public Company Accounting Oversight Board? The lawsuit says that this is what happened next:

Within an hour after this second call, Mr. Salva personally called Joe Atkinson, a principal at Mr. O'Rourke's employer, PWC. Because Comcast pays more than $30 million a year to PWC for consulting services, Mr. Atkinson took the call. Salva demanded that Mr. O'Rourke be fired from PWC, falsely claiming that Mr. O'Rourke had violated accounting ethics standards by using PWC's name as 'leverage' in his 'negotiations' with Comcast.

The lawsuit also describes what happened the day O'Rourke got fired:

"Less than an hour after Mr. O'Rourke's second call with Comcast's Controller's office, Mr. O'Rourke received a call from Mr. Atkinson. Mr. O'Rourke was shocked to receive the call -- he had never before had occasion to deal with Mr. Atkinson. An angry Atkinson informed Mr. O'Rourke that he had received a call from Comcast's Controller about Mr. O'Rourke. Mr. Atkinson told Mr. O'Rourke that the client was very angry, very valuable, was in fact the Philadelphia office's largest client with billings exceeding $30 million per year, and that Mr. O'Rourke was not to speak with anyone from Comcast."

The suit charges Comcast and the other defendants of defamation, breach of contract, infliction of emotional distress, unfair business practice, and violation of the Cable Communications Policy Act for disclosing information about him to his employer without his permission.

The Communications Act is very strict regarding ISPs and cable companies, who by the nature of their business know a lot about you (including your TV-viewing and web-surfing habits), and so the confidentiality of the information they have is protected by federal law. It would be illegal for Comcast even to reveal the seemingly harmless information that he was a Comcast customer with complaints about his service without O'Rourke's prior consent, let alone call his employer to either reveal specifics or make false claims about anything O'Rourke the Comcast customer might have said during a Comcast customer service call.

O'Rourke has, though his lawyers, repeatedly asked Comcast and PriceWaterhouseCoopers to release their recordings of the disputed phone calls and conversations. So far, neither company has done so.

Of all the bad-customer-service stories Comcast customers might have, none are likely to top that of former customer Conal O'Rourke, also a former employee...

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CBS jumps into video streaming

Years ago, we fidgeted through a speech by a network news executive who was appalled by the "river of video" that had been loosed on the world. He was referring only to closed-circuit feeds of video from newly-independent news producers. 

Think how he must be feeling today as one network after another puts its precious programming out on the Internet, making it available to anyone -- even those without a cable subscription.

Just yesterday, it was HBO that announced it would go "over the top," as they say in the business. Loosely translated, that means going around (or over) cable and broadcast stations to distribute programming directly to consumers.

If HBO's decision was an unkind cut at cable systems, the CBS move announced today is a club on the head for both local television affiliates and cable systems. 

$5.99 a month

"CBS All Access," as it's been dubbed, is available for $5.99 per month beginning today at CBS.com and on mobile devices through the CBS App for iOS and Android. 

“CBS All Access is another key step in the Company’s long-standing strategy of monetizing our local and national content in the ways that viewers want it,” said Leslie Moonves, President and CEO, CBS Corporation.

All Access offers current seasons of 15 primetime shows with episodes available the day after they air, live streams of local CBS stations in 14 of the largest markets and past seasons of many popular series.

What it doesn't include, at least for now, is NFL Football, although Moonves said that may change.

CBS is also said to be developing a live streaming news feed that may begin to air as early as Oct. 28, according to industry sources -- potentially dealing a major blow to CNN and other cable news channels that are already struggling with moribund ratings and aging audiences. 

To sign up for CBS All Access, visit: http://www.cbs.com/allaccess

Years ago, we fidgeted through a speech by a network news executive who was appalled by the "river of video" that had been loosed on the world. He was refe...

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FCC blacks out Sports Blackout Rule for good

The Federal Communications Commission today voted unanimously to end its 40-year-old Sports Blackout Rule, a vestige of the days when many pro teams were struggling to fill stadiums and television signals were still a rare commodity.

Under the rule, whenever a sports league ordered a local broadcaster not to televise a game due to unsold tickets, the local cable, satellite, and other video distributors could not televise the game either. The National Football League, along with the National Association of Broadcasters and the NFL Players Association, strongly opposed efforts to end the rule,  arguing that to do so would jeopardize pro football on "free" TV, meaning over-the-air broadcasts.

“This is a historic day for sports fans,” said David Goodfriend, Chairman of Sports Fans Coalition. “Since 1975, the federal government has propped up the NFL’s obnoxious practice of blacking out a game from local TV if the stadium did not sell out. Today’s FCC action makes clear: if leagues want to mistreat fans, they will have to do so without Uncle Sam’s help.”

“Republicans and Democrats don’t agree on much these days, but when it comes to getting government out of the business of mistreating sports fans, we are in total agreement,” said Brad Blakeman, Sports Fans Coalition Board Member. “The era of government writing a blank check to sports leagues is over.”

FCC Chairman Tom Wheeler had made no secret of his stance. “Clearly, the NFL no longer needs the government’s help to remain viable,” he said earlier this month.

“To hear the NFL describe it, you would think that putting a game on CBS, NBC or Fox was a money-losing proposition instead of a highly profitable multibillion-dollar business,” he wrote in an op-ed in USA Today. “If the league truly has the best interest of millions of American fans at heart, they could simply commit to staying on network television in perpetuity.”

"With the NFL’s incredible popularity, it’s not surprising that last year the League made $10 billion in revenue and only two games were blacked-out," he added.

“The FCC did the right thing today by removing this antiquated rule, which is no longer justified by facts or simple logic," said Sen. Richard Blumenthal (D-Conn.), a longtime critic of the rule. "Even as the NFL made millions upon millions of dollars off of broadcasting rights, they continued as recently as this season to threaten fans with unnecessary blackout restrictions. Today the FCC officially threw a flag on the NFL’s anti-fan blackout policy.”

Blumenthal, along with Sen. John McCain (R-Ariz.) and Rep. Brian Higgins (D-N.Y.) has introduced the Furthering Access and Networks for Sports (FANS) Act of 2013– complementary legislation that would remove the NFL’s antitrust exemptions, unless the league ends its practice of requiring broadcasters to blackout games that don’t sell out.

More to come 

The Sports Fans Coalition said it intends to keep the momentum going after today’s FCC action, specifically by pursuing the following initiatives:

1. Eliminating sports leagues’ anti-trust exemption for imposing local blackouts;

2. Enacting the FANS Act; 

3. Conditioning taxpayer funding of professional sports arenas on direct benefits for fans, including free tickets for certain categories of veterans and school children, or in the alternative eliminating such public funding altogether; and

4. Working with domestic violence prevention professionals to help make professional sports something parents can once again proudly share with their children.

“American sports fans love their home teams, love the games, and will fight to make sure that government policies uphold the best that sports have to offer,” said Goodfriend.

The Federal Communications Commission today voted unanimously to end its 40-year-old Sports Blackout Rule, a vestige of the days when many pro teams were s...

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AT&T/DirecTV merger gets go-ahead from DirecTV shareholders

Who wouldn't want to be taken over by AT&T for $48.5 billion? Not the shareholders of DirecTV, 99% of whom have voted to approve the takeover, which would strengthen AT&T's hand by giving it a nationwide TV service to add to its bundle.

What it does for consumers isn't quite as clear but AT&T has been promoting it as particularly beneficial for rural dwellers. An AT&T executive said recently that it would use DirecTV's satellite to deliver broadband speeds of 15 megabits per second or better in rural areas. 

AT&T has technology “ready to go” by late 2015 to deliver high-speed wireless Internet service that’s faster than LTE, because it is delivered via a dedicated swath of spectrum, said Ralph de la Vega, president and CEO of AT&T's mobility division, at a conference earlier this month.

Although AT&T's Uverse delivers cable and broadband service, it's only available in some markets. By combining its wireless, landline and satellite capacity post-merger, the telecom giant could offer a complete package of broadband, wireless and TV service nationwide. 

Hurdles remain

The deal still requires approval by the Federal Communications Commission, the Justice Department and possibly other agencies and, although opposition has not been as strident as in the proposed Comcast-Time Warner merger, it is far from a certainty.

Consumers rate AT&T Uverse

A group of state attorneys general was formed recently to look into the deal as well. The top state legal officers said they were also investigating the Comcast/Time Warner deal. 

Consumer groups tend to hate both deals, saying they amount to nothing more than consolidation that will limit consumer choice and drive up prices. 

“For the amount of money and debt AT&T and Comcast are collectively shelling out for their respective mega-deals, they could deploy super-fast, gigabit-fiber broadband service to every single home in America,” Free Press president Craig Aaron said recently. 

“But these companies don’t care about providing better services or even connecting more Americans. It’s about eliminating the last shred of competition in a communications sector that’s already dominated by too few players,” Aaron said.

Who wouldn't want to be taken over by AT&T for $48.5 billion? Not the shareholders of DirecTV, 99% of whom have voted to approve the takeover, which would ...

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Verizon's customizable TV service could really shake things up

Consumers are probably cheering the news last week that Verizon, rather than trying to stop the revolution, is actually trying to lead it.

Verizon CEO Lowell McAdam revealed his company is preparing a 2015 roll-out of a customizable TV service delivered to digital devices. As McAdam pointed out, the channels would have to be offered a la carte because who, he asked rhetorically, wants 300 channels on their smartphone?

Who indeed? But what McAdam sees as logical – and many consumers would heartily agree – is in fact revolutionary, because that is definitely not how cable TV is packaged and sold. It would appear to open the door to changing the way television services are marketed.

If a consumer can customize their TV service on their phone, they are soon going to ask why can't they customize it in their living room.

Music industry lesson

The music industry has already been down this road. For decades artists released albums of perhaps 12 songs. Consumers might purchase the album because they liked 2 or 3 of them. To get those songs, however, they had to purchase the complete album.

Digital music services like iTunes changed all that. Individual songs can be downloaded for 99 cents. That's great for consumers but has not been so great for artists or music companies.

Just since the introduction of iTunes in 2003, music sales in the U.S. have dropped sharply. According to the Recording Industry Association of America, inflation-adjusted sales revenue fell more than $4.5 billion over a 10 year period.

At the same time, more people were buying music. They just weren't buying as much of it, for as much money. If the music industry had it to do over, it would probably try a different approach to digital.

Protecting the status quo

Content providers can be expected to be leery of any changes to the status quo, especially if these changes may systematically alter revenue models. Netflix learned this the hard way a few years ago.

In 2011 Starz Entertainment, a major supplier of feature film content, abruptly broke off contract renewal talks with Netflix, announcing it would no longer provide movies to Netflix.

The reason was not completely financial. Netflix was reportedly agreeable to terms and willing to pay a reported $300 million to continue its access to Starz's content. The loss had more to do with Netflix's business model.

“This decision is a result of our strategy to protect the premium nature of our brand by preserving the appropriate pricing and packaging of our exclusive and highly valuable content,” Starz CEO Chris Albrecht said at the time. “With our current studio rights and growing original programming presence, the network is in an excellent position to evaluate new opportunities and expand its overall business."

In other words, Starz was concerned that Netflix's $8 a month price to consumers was too cheap, threatening its other customers – cable TV networks that charge a lot more.

Netflix has been able to adapt nicely, producing original content and loading up on TV series that have fundamentally altered viewing habits, with consumers now “binge watching” an entire season of shows over a short period of time. It didn't hurt Netflix that a lot of TV series are of higher quality than the movies Hollywood turns out.

The lesson may be that it's hard to stop a revolution. The landscape has changed significantly since 2011 and content providers may now be more willing to adapt to, rather than fight, radical changes.

Verizon's new customizable TV service, which McAdam says could be rolled out in mid 2015, may be the next test.

Consumers are probably cheering the news last week that Verizon, rather than trying to stop the revolution, is actually trying to lead it....

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FCC may end sports blackout rule

Tom Wheeler thinks it’s time to sack the National Football League blackout rule. And as chairman of the Federal Communications Commission, he may be just the guy who can do it.

Wheeler has scheduled a vote for Sept. 30 on a proposal to end the nearly 40-year-old rules, which were enacted back in 1975, prohibiting cable providers from airing a game that has been blacked out on the local television station because it was not sold out.

That's a situation that Wheeler says belongs in the era of fender skirts and buggy whips, when barely 40% of games sold out and gate receipts were the league's primary source of revenue.

"Last weekend, every single game was sold out. More significantly, pro football is now the most popular content on television," Wheeler said yesterday on his blog. "NFL games dominated last week’s ratings, and the Super Bowl has effectively become a national holiday. With the NFL’s incredible popularity, it’s not surprising that last year the League made $10 billion in revenue and only two games were blacked-out."

The NFL and major broadcasters are opposing Wheeler's proposal, arguing that it would jeopardize pro football on "free" TV, meaning over-the-air broadcasts. They say eliminating the rule would endanger stadium attendance and threaten local businesses. 

Wheeler's not buying that argument. 

“Clearly, the NFL no longer needs the government’s help to remain viable,” he said.

“To hear the NFL describe it, you would think that putting a game on CBS, NBC or Fox was a money-losing proposition instead of a highly profitable multibillion-dollar business,” he wrote in an op-ed in USA Today. “If the league truly has the best interest of millions of American fans at heart, they could simply commit to staying on network television in perpetuity.”

Tom Wheeler thinks it’s time to sack the National Football League blackout rule. And as chairman of the Federal Communications Commission, he may be just t...

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Free apps prove to be a disruptive force for satellite radio

Satellite radio was a novel concept when it debuted in 1990. You could get hundreds of stations, reflecting all types of programming, and no matter how far you drove, you would never go out of range.

Even so, as a business model satellite radio has struggled. In the U.S. the two competing providers, Sirius and XM, merged into one company in 2007. Selling subscriptions starting at around $8 a month, the company has faced continued strong competition from terrestrial radio stations, which are free.

Now technology has served up even more competition – smartphone apps.

Bluetooth is a game-changer

Most new cars now provide Bluetooth connectivity between mobile devices and the vehicle's entertainment system. The primary purpose is safety – when a call comes in on a connected smartphone, it plays through the entertainment system speakers, providing hands free capability.

But that same connectivity provides some entertainment options. Free smartphone apps like I Heart Radio and TuneIn allow users to play hundreds of radio stations on their phones.

If the programming can be played on a phone, it can also be played through the vehicle's entertainment system. Someone driving on I-95 in North Carolina can listen to their favorite jazz station in Los Angeles if they want.

Abundant programming

Besides the hundreds of terrestrial radio stations available through both apps, both offer access to Internet radio stations that have few, or no commercials, just like many of the satellite stations. They may not have Howard Stern, the big draw for Sirius, but these apps have hundreds of podcasts from up and coming comedians or an archive of public radio programming, like This American Life.

Unlike satellite radio, access to this content costs nothing, except for the data you consume through your wireless plan. If you have T-Mobile as a carrier, that's not even an issue since T-Mobile now has a policy that the music you stream doesn't count against your monthly data allowance.

Satellite radio does provide traffic reports for major markets, which is fine if you happen to be driving in one of those cities. But more than likely you're on an Interstate highway when you need to know if there is an accident a few miles ahead.

Waze

Fortunately, there's an app for that. Waze is a community-based traffic and navigation smartphone app. Its content – information about road conditions – comes from other users who happen to be on the same road at the same time.

After typing in their destination address, users just drive with the app open on their phone to passively contribute traffic and other road data, but they can also take a more active role by sharing road reports on accidents, police traps, or any other hazards along the way, helping to give other users in the area a 'heads-up' about what's to come.

This doesn't help solo drivers, because as we all know drivers should not be looking at their phones while behind the wheel. But a passenger looking at the Waze screen can track the movement of the vehicle on the road and be aware of upcoming hazards, like accidents or broken down vehicles on the shoulder.

The map also shows rest stops and other travel landmarks as they approach on your route. The interface tells you how many other users – they're called Wazers – are in the vicinity. A chat feature lets you communicate directly with them or ask a question.

Waze even offers advice on where to fill up. Users can post the location of the cheapest gas they've encountered.

Satellite radio was a novel concept when it debuted in 1990. You could get hundreds of stations, reflecting all types of programming, and no matter how far...

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Lightning on the beach! It's not that unusual

The weekend lightning strike that killed one person and injured several others on Venice Beach got a lot of attention but the only thing unusual about it was that it happened in Los Angeles, which doesn't get many thunderstorms.

In much of the country, however, thunderstorms are common and lightning strikes routinely kill and injure hundreds of people each year. The Los Angeles death was the 15th in the U.S. this year. 

Beaches, athletic fields and other flat, open spaces are particularly dangerous.

So what's the safest place to be if you're outdoors? The simplest answer, according to the National Weather Service, is that there is no completely safe place outside during a thunderstorm -- the best place to be is inside a building.

If you can't get inside, a car or truck with windows and doors closed offers the best protection from a lightning strike, since the tires offer insulation that keeps the electrical current from penetrating the car. A fully-enclosed structure, such as an outdoor restroom facility at a park or beach, also offers good protection.

Open structures such as picnic shelters and sports dug-outs are not safe and should be avoided, NWS says.

Safety inside

Inside a home or office, avoid corded phones and electronic equipment that is plugged into electrical power or your computer network. It's also a good idea to avoid plumbing fixtures, which can provide a route for the current from a lightning strike to enter a building. 

Your valuable appliances and home electronics -- computer, TV, etc. -- are vulnerable to damage from lightning and, unfortunately, there's not much you can do to protect them. Once a storm has started, it's too late to run around pulling plugs, and surge protectors aren't generally able to withstand a direct lightning strike. They're designed to protect against surges caused by nearby storms or equipment malfunctions, not direct lightning strikes.

Risk management analysts refer to lightning strikes as "low probability/high consequences calamities." In other words, they don't happen often but when they do, they cause a lot of damage. If you're unfortunate enough to suffer a direct strike to your home, the damage can be both extensive and expensive. While it should be covered by most homeowners insurance policies, you'll likely end up paying a hefty percentage out of pocket.

Just ask Dan of Muskegon, Mich., whose house was hit by lightning. 

Had Frankenmuth Insurance with 3 cars and 2 homes for about 11 years. Filed one petty claim all those years,

"Lightning damage, blown holes in my walls, blown switches out of the walls, wiring, etc.," Dan said in a June 2014 ConsumerAffairs review of Frankenmuth Insurance. "Burned up my television, computer, phone, all my cable equipment, etc."

Dan said the damage came to $3,700 but after a $500 deductible and depreciation, he received only $1,799. 

The weekend lightning strike that killed one person and injured several others on Venice Beach got a lot of attention but the only thing unusual about it w...

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10% of U.S. beaches fail safety test

Beach bums take note: 10% of water samples from U.S. beaches contained bacteria levels that failed to meet federal benchmarks for swimmer safety, according to the 24th annual beach report released by the Natural Resources Defense Council.

“Sewage and contaminated runoff in the water should never ruin a family beach trip,” said NRDC senior attorney Jon Devine. “But no matter where you live, urban slobber and other pollution can seriously compromise the water quality at your favorite beach and make your family sick."

Each year, the NRDC collects and analyzes water testing results from the Environmental Protection Agency (EPA) and state beach coordinators at nearly 3,500 beach testing locations nationwide.

This year, the report found 35 popular “superstar” beaches with excellent water quality, and flagged 17 “repeat offenders” that exhibited chronic water pollution problems. The full report, including a Zip Code-searchable map can be found here.

Superstar beaches      

NRDC designated 35 popular beaches across 14 states as “superstars” – popular beaches for consistently meeting water quality safety thresholds. Each of these beaches met national water quality benchmarks 98% of the time over the past five years:

  • Alabama: Gulf Shores Public Beach in Baldwin County
  • Alabama: Gulf State Park Pavilion in Baldwin County
  • Alabama:  Dauphin Island Public Beach
  • California: Newport Beach in Orange County (1 of 3 monitored sections)
    • Newport Beach - 38th Street
  • Delaware: Dewey Beach-Swedes in Sussex County
  • Florida: Bowman’s Beach in Lee County
  • Florida: Coquina Beach South in Manatee County
  • Florida: Fort Desoto North Beach in Pinellas County
  • Georgia: Tybee Island North in Chatham County
  • Hawaii: Hapuna Beach St. Rec. Area in Big Island       
  • Hawaii: Po’ipu Beach Park in Kauai
  • Hawaii: Wailea Beach Park in Maui
  • Massachusetts: Singing Beach in Essex County
  • Maryland: Point Lookout State Park in St Mary's County
  • Maryland: Assateague State Park in Worcester County
  • North Carolina: Ocean Pier at Main St. and Sunset Blvd. in Brunswick County
  • North Carolina: Beach at Cape Hatteras Lighthouse in Dare County
  • North Carolina: Ocean Pier at Salisbury Street in Wrightsville Beach in New Hanover  
  • North Carolina: Ocean Pier at Ocean Blvd. and Crews Ave. in Topsail Beach in Pender County           
  • New Hampshire: Hampton Beach State Park in Rockingham County
  • New Hampshire: Wallis Sands Beach at Wallis Rd. in Rockingham County
  • New Hampshire: Wallis Sands State Park in Rockingham County
  • New Jersey: Washington (Margate) in Atlantic County
  • New Jersey: 40th St. (Avalon) in Cape May County
  • New Jersey: 40th St. (Sea Isle City) in Cape May County
  • New Jersey: Stone Harbor at 96th St. in Cape May County
  • New Jersey: Upper Township at Webster Rd. in Cape May County
  • New Jersey: Wildwood Crest at Orchid in Cape May County
  • New Jersey: Broadway (Pt. Pleasant Beach) in Ocean County
  • New York: Long Beach City in Nassau County
  • Virginia: Virginia Beach at 28th St. in Virginia Beach County    
  • Virginia: Virginia Beach at 45th St in Virginia Beach County
  • Virginia: Back Bay Beach in Virginia Beach County
  • Virginia: Virginia Beach - Little Island Beach North in Virginia Beach County
  • Washington: Westhaven State Park, South Jetty in Grays Harbor          

Repeat offenders

Over the last five years of the NRDC report, sections of 17 U.S. beaches have stood out as having persistent contamination problems, with water samples failing to meet public health benchmarks more than 25% of the time each year from 2009 to 2013:

  • California: Malibu Pier, 50 yards east of the pier, in Los Angeles County
  • Indiana: Jeorse Park Beach in Lake County (both monitored sections):
    • Lake Jeorse Park Beach I 
    • Lake Jeorse Park Beach II
  • Massachusetts: Cockle Cove Creek in Barnstable County
  • Maine: Goodies Beach in Knox County
  • New Jersey: Beachwood Beach in Ocean County
  • New York: Main Street Beach in Chautauqua County
  • New York: Wright Park – East in Chautauqua County
  • New York: Ontario Beach in Monroe County
  • Ohio: Lakeshore Park in Ashtabula County
  • Ohio: Arcadia Beach in Cuyahoga County
  • Ohio: Euclid State Park in Cuyahoga County
  • Ohio: Noble Beach in Cuyahoga County
  • Ohio: Sims Beach in Cuyahoga County
  • Ohio: Villa Angela State Park in Cuyahoga County
  • Ohio: Edson Creek in Erie County
  • Wisconsin: South Shore Beach in Milwaukee County

Based on EPA’s BAV safety threshold, the Great Lakes region had the highest failure rate of beach water quality samples, with 13% of samples failing to pass the safety test in 2013. The Delmarva region had the lowest failure rate, with 4% of samples failing the safety test. In between were the Gulf Coast (12%), New England (11%), the Western Coast (9%), the New York and New Jersey coasts (7%), and the Southeast (7%).

Individual states with the highest failure rates of reported water samples in 2013 were Ohio (35%), Alaska (24%) and Mississippi (21%). Those with the lowest failure rates last year were Delaware (3%), New Hampshire (3%) and New Jersey (3%).

The EPA estimates that up to 3.5 million people become ill from contact with raw sewage from sanitary overflows each year. Beach water pollution nationwide causes a range of waterborne illnesses in swimmers including stomach flu, skin rashes, pinkeye, ear, nose and throat problems, dysentery, hepatitis, respiratory ailments, neurological disorders, and other serious health problems. For senior citizens, small children and people with weak immune systems, the results can even be fatal.

Beach bums take note: 10% of water samples from U.S. beaches contained bacteria levels that failed to meet federal benchmarks for swimmer safety, according...

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Patent Office cancels Washington Redskins trademarks

Back in the day, consumers organized boycotts on behalf of embattled minorities, environmental issues and so forth.

The boycott of the Montgomery, Ala., city bus system helped get the civil rights movement rolling, and the grape boycott gave farm workers a leg up.

But consumer boycotts have lost a lot of steam since then. Take the Washington Redskins. For years, fans, non-fans and assorted do-gooders have earnestly and, later, angrily called on the National Football League team to change its name. Attempts to organize boycotts haven't made it out of the end zone. 

Just a few weeks ago, the United Church of Christ's Mid-Atlantic Conference announced a boycott of the team and called on other churches in the D.C. area to do the same. The answer, so far, has been a resounding silence.

Billionaire team owner Dan Snyder has angrily refused, saying he would "never" change the name and claiming that Native Americans don't find the term "redskins" offensive.

The term, of course, refers to the body parts of Native Americans that were collected by federal troops during the Indian Wars that raged for more than a century during the settlement of the American West.

Native Americans may have had a derogatory term for the scalps they sometimes collected from white people but, if so, it's not in common usage and certainly isn't used in interstate commerce. 

The PTO speaks

Amidst all the back-and-forth, five Native Americans filed a petition with the U.S. Patent and Trademark Office asking that the team's trademarks be vacated on the grounds that they are "disparaging."

The PTO agreed and has canceled the team's 6 trademarks.

"We decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered, in violation of Section 2(a)  of the Trademark Act of 1946, 15 U.S.C. § 1052(a)."

Most likely, we haven't heard the last of this. The PTO issued a similar ruling back in 1992 and it was reversed after the Redskins' lawyers appealed.

Some Redskins fans took to social media claiming the PTO ruling infringed Snyder's free speech rights. However, the ruling means only that the federal government no longer grants ownership of the term "Redskins" to the team.

Theoretically, the team could continue to use the name without trademark protection but it would then be unable to claim royalties from the sale of sweatshirts, caps, beer mugs and other spoils of war.

Source: WikipediaBack in the day, consumers organized boycotts on behalf of embattled minorities, environmental issues and so forth.The boycott of th...

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AT&T agrees to $49 billion purchase of DirecTV

If you're a DirecTV subscriber, you may soon be an AT&T customer. And if you're an AT&T U-verse customer, you could soon be getting your TV channels via satellite.

It's all because AT&T has agreed to buy DirecTV for $49 billion, potentially giving it 26 million cable TV subscribers, second only to Comcast and Time Warner, which would have about 30 million in their proposed merger goes through.

Both deals are contingent on regulatory approval. The AT&T transaction was approved by both the AT&T and DirecTV boards in special Sunday meetings.

Consumers rate AT&T Uverse

Consumers were not exactly gleeful about the announcement. 

"Have had a Uverse account for about three years now. The service is continuously interrupted," said Theresa of Buena Park, Calif., in a review submitted to ConsumerAffairs. "I have a pixelated TV almost every week I need to reboot one or more of my 5 boxes. ... ATT is just too big and busy to care that my reception sucks. They will however call write and text me to tell me my bill is ready."

For Christina of Carlsbad, Calif., U-verse interruptions are more than just an inconvenience. She said she had been without cable for two days.

"My box died and when I call Customer Service they said they will mail me one, the need didn't justified a service call. So in the middle of getting ready to evacuate because of the Poinsettia Fire, I couldn't watch the news."

Tom of Minneapolis said he has been a DirecTV customer for more than a decade but had to cancel his service when he moved to a building that doesn't allow satellite dishes.

"I'd rather keep their service, but that sentiment went away when I heard I would be charged $20 for each of the 6 months left on my contract. I would have switched back as soon as I could, but won't go back now. I will no longer be someone who recommends their services either, but will turn on them to become a detractor."

Urge to merge

Why this sudden urge to merge? It's mostly because the TV business is changing faster than anyone expected -- sort of like climate change. Streaming video is becoming a threat to cable -- but only if it can acquire the first-run, top-tier programming that for the last few decades has been tied up by cable channels like HBO.

To acquire the best content, and to have the wherewithal to produce their own first-rate content, distribution companies need to bulk up, so that they can wrestle the best deals out of content producers and produce the revenue they need to brew their own.

This is not a new problem. Ben Franklin dealt with it back in the 1700s. He started with a print shop, then began publishing a newspaper, then a magazine and, finally, got himself appointed Postmaster of Philadelphia, enabling him to give his competitors the dead letter treatment and basically creating America's first vertically integrated media empire. 

It was, says Franklin biographer Walter Isaacson, "an early example of the tension that often still exists between those who create content and those who control distribution." ("Benjamin Franklin: An American Life," Simon & Schuster).

AT&T may be reading from Franklin's primer but the scale is quite a bit bigger. The acquisition would give AT&T a nationwide wireless network, a nationwide satellite video distribution system and 70 million household broadband subscribers. 

Not bad for a company that was broken up into little pieces 32 years ago because it had gotten too big. 

Effect on consumers?

Consumers rate DirecTV

What it means for consumers, at least initially, is that you can expect AT&T to begin offering service bundles that include satellite TV. That could mean existing Uverse customers would get their TV shows by satellite while enjoying faster broadband service if cable programming is removed from Uverse.

Nothing much more significant than that is in the cards in the short-term, most observers think. AT&T, of course, spins it as a dream-come-true for consumers.

"DIRECTV is a great fit with AT&T and together we’ll be able to enhance innovation and provide customers new competitive choices for what they want in mobile, video and broadband services," said Randall Stephenson, AT&T Chairman and CEO. "This is a unique opportunity that will redefine the video entertainment industry and create a company able to offer new bundles and deliver content to consumers across multiple screens – mobile devices, TVs, laptops, cars and even airplanes."

AT&T said it would commit to abide by net-neutrality rules, invest in rural broadband and spend at least $9 billion in an upcoming government auction of wireless airwaves.

If you're a DirecTV subscriber, you may soon be an AT&T customer. And if you're an AT&T Uverse customer, you could soon be getting your TV channels...

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Study: Americans have maxed out their TV-viewing time

It had to happen eventually. What with sleeping, eating, working, commuting and just generally staying alive, folks can't squeeze in any more TV viewing time.

This is the discovery of Nielsen, the ratings service that has for decades measured audiences for broadcast television. Now, with video streaming out of laptops, phones, tablets and every other nook and cranny, Nielsen says we've essentially maxed out our viewing time.

In a new report, Nielsen says the number of channels viewed by the average household has stabilized at about 17.5 since 2008, even as the number of available channels has grown by 60 since then.

Nielsen, which will start measuring Internet and mobile Web viewing later this year, admits it is still trying to figure out how to define the concept of "channels" as new video sources like Netflix, Amazon and YouTube turn the distribution system on its head.

Since the primary purpose of ratings is to set advertising rates, this is not just an academic exercise -- there are big bucks at stake.

So maybe that means that serious minds will take it seriously and do something to expand the time available for viewing. Could this be where Google's driverless car comes in? After all, with an average commute of 30 minutes or so each way, that could open up another hour of video- and commercial-viewing time.

It had to happen eventually. What with sleeping, eating, working, commuting and just generally staying alive, folks can't squeeze in any more TV viewing ti...

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Today's USA, as seen via Facebook

A few days ago, Facebook announced with much bravado the inauguration of "Facebook Newswire," something it billed as a tool for journalists. Considerable scoffing ensued, with many journalists saying they would rather take tips from psychics than rely on Facebook.

But you know what? Facebook Newswire may be rough, but it's proving itself ready, if not for prime time then at least for the lead-in to prime time, as they say in the TV biz. 

The idea is simple: consumers -- you know, regular folk -- see something, they shoot it with their smartphone and upload it. Human editors find the most newsworthy and compelling material and post it to FB News.

You might call it first-responder journalism -- the first, fragmentary reports from the scene of a disaster, riot or particularly cute story involving pets.  

Take today's train derailment in downtown Lynchburg, Va. One of the first reports came form Adam Miller, who saw the smoke that billowed from the wreckage of the train, which later reports said had been carrying crude oil.

Post by Adam Everett Miller.

While heavy black smoke was billowing from that derailed train in Virginia, lighter but still dense smoke was coming from a wildfire in California, as shown in this photo from KTLA5 News.

Smoke would have been a welcome site in much of the Southeast and Midwest, where torrential rains and tornadoes inflicted heavy property damage and many deaths.
Post by Regan Adams Hager.

OK, it's not Pulitzer Prize material but you can't say it's not breaking news. It's also a platform that, while still just a few days old, could grow into something pretty powerful. 

It's not hard to image behind-the-lines documentaries exposing outrages and injustice in totalitarian countries or in prisons, nursing homes or other places where the powerless are too often voiceless.

The postings are curated and verified by professional editors at Storyful, which calls itself a social news-verification company, so it's not a totally wild-and-crazy gathering spot.

“Our goal is that the Newswire will be an invaluable tool for journalists, helping them to tell richer, more engaging stories using public content from Facebook,” said Andy Mitchell, Facebook’s director of news and global media partnerships, the Wall Street Journal reported.

While it's aimed at journalists, anyone can visit https://www.facebook.com/FBNewswire. Take a look. It's what they used to call "news as it happens." 

// Post by Rob Wooters.A few days ago, Facebook announced with much bravado the inauguration of "Facebook Newswire," something it billed as a tool ...

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Dish planning a summer launch for its Internet-TV service

A long time ago, satellite communications was a new idea. Today it's pretty ho-hum so Dish Network, which runs what amounts to a cable service delivered via satellite, is trying to get with the times.

Consumers rate DISH Network

The company is putting together an Internet-based service that would sort of duplicate cable -- offering subscribers packages from a number of program providers.

Dish has reportedly signed with the Walt Disney Co., which owns ABC and several other channels, and is pursuing deals with A&E, Turner Broadcasting, CBS and others, Bloomberg News reports.

Dish is reportedly targeting the 18-34 crowd that only wants to pay $20 or $30 a month to watch TV on their smartphones and tablets instead of on a traditional TV.

Of course, you still need Internet access, which may turn out to be a stumbling block.

Not unique

This is not exactly a new idea. Several other firms are planning similar roll-outs. Perhaps more significantly, Amazon today announced it will be offering HBO programming to its Prime Instant Video members, in addition to the thousands of movies and TV series already in its catalog.

Amazon's new Fire TV box will also provide access to HBO GO, the companies said.

It's not too hard to imagine Amazon and its primary competitor, Netflix, continuing to pile up deals with program producers at a fast clip. They have the advantage of a huge base of subscribers, while Dish and others new to the streaming video field are essentially starting from scratch.

Plenty of others are trying to get their toe in the water before the pool closes to new entrants. AT&T said yesterday that it is planning a streaming-video venture called Over the Top.

Verizon bought a failed Intel Corp. venture and is said to be developing a new venture, while Sony has reportedly signed an agreement to stream Viacom programming.

A long time ago, satellite communications was a new idea. Today it's pretty ho-hum so Dish Network, which runs what amounts to a cable service delivered vi...

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HBO series coming to Amazon Prime

One thing that keeps many consumers from dumping their expensive cable TV service is HBO. Sure, you could do without ever seeing "Extreme Cheapskates" on TLC again but HBO is another story.

Amazon has just solved that problem. Amazon and HBO today announced that Amazon's Prime Instant Video will be the exclusive online source of much of HBO's catalog, including award-winning shows such as "The Sopranos," "Six Feet Under," "The Wire," "Big Love," "Deadwood," "Treme," early seasons of "Boardwalk Empire" and "True Blood."

Currently running series will be added to the online catalog over the course of the agreement.

The first wave of content will arrive on Prime Instant Video May 21. This is the first time that HBO programming has been licensed to an online-only subscription streaming service.

In addition, HBO GO will become available on Fire TV, targeting a launch by year-end. HBO GO is HBO’s authenticated streaming service offering subscribers instant access to over 1,700 titles online including every episode of new and classic HBO series, as well as HBO original films, miniseries, sports, documentaries, specials and a wide selection of blockbuster movies.

“HBO has produced some of the most groundbreaking, beloved and award-winning shows in television history, with more than 115 Emmys amongst the assortment of shows coming to Prime members next month,” said Brad Beale, Director of Content Acquisition for Amazon. “HBO original content is some of the most-popular across Amazon Instant Video — our customers love watching these shows. Now Prime members can enjoy a collection of great HBO shows on an unlimited basis, at no additional cost to their Prime membership.”

Amazon announced in March that it was raising the annual fee for Prime membership from $79 to $99. Prime also includes free two-day shipping of most products and access to thousands of streaming video titles, including a growing number of original content produced by Amazon.  

“Amazon has built a wonderful service—we are excited to have our programming made available to their vast customer base and believe the exposure will create new HBO subscribers,” said Charles Schreger, President of Programming Sales for HBO.

Details

Beginning May 21, Amazon Prime members will have unlimited streaming access to:

  • All seasons of classics such as "The Sopranos,""The Wire,""Deadwood,""Rome" and "Six Feet Under," and of recent favorites such as "Eastbound & Down,""Enlightened" and "Flight of the Conchords;"
  • Miniseries, including "Angels in America,""Band of Brothers,""John Adams,""The Pacific" and "Parade’s End;"
  • Select seasons of current series such as "Boardwalk Empire,""Treme" and "True Blood"
  • Hit original movies like "Game Change,""Too Big To Fail" and "You Don’t Know Jack;"
  • Documentaries including the "Autopsy" and "Iceman" series, "Ghosts of Abu Ghraib" and "When the Levees Broke;" and
  • Original comedy specials from Lewis Black, Ellen DeGeneres, Louis CK and Bill Maher. 

The multi-year deal will bring additional seasons of the current series named above, along with early seasons of other series like Girls, The Newsroom and Veep to Prime members over the life of the deal.

One thing that keeps many consumers from dumping their expensive cable TV service is HBO. Sure, you could do without ever seeing "Extreme Cheapskates" on T...

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AT&T plans "over the top" video services venture

AT&T, perhaps noticing that it is once again falling behind the game, says that it and The Chernin Group plan to invest $500 million to create a new venture that will acquire, invest in and launch a new video services venture, which at least for now is going by the sobriquet of OTT -- or, Over the Top video.

The companies said the goal of the venture will be to invest in both ad-supported and subscription-based video on demand channels as well as streaming services. The idea is to launch new Internet-video services, rather than deliver a “virtual pay-TV” service that would be designed to compete with traditional cable or satellite TV, an AT&T rep was reported to have said.

AT&T did not bother to post information about the venture in its media relations section, where the last posting at 3 p.m. ET today was dated March 5, not exactly over-the-top public relations hustling.

Not much else is known about the venture, except that it will include Chernin's majority stake in Crunchyroll, a subscription VOD service focused on anime content.

Subpar streaming

The timing was ironic in that it came on the same day that Netflix called out AT&T for offering subpar video streaming, even slower in some cases than the outmoded DSL service still offered in some parts of the country.

Netflix said AT&T provided an average speed in March of 1.73 megabits a second for Netflix’s service on fiber-based connections, trailing CenturyLink Inc. and Windstream Holdings Inc., which use older DSL lines, Netflix said. 

If AT&T wanted to serve its customers better, it could do so with a free direct hook-up to Netflix, the company said.

“AT&T customers expect a good quality Netflix experience given how much they pay AT&T for their Internet service,” Netflix said in its earnings report.

AT&T, perhaps noticing that it is once again falling behind the game, says that it and The Chernin Group plan to invest $500 million to create a new ve...

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DISH agrees to $2 million in refunds to Washington state consumers

DISH Network has agreed to refund about $2 million to customers in Washington state, following complaints that the company collected an unlawful monthly line-item surcharge beginning in May 2012.

In an agreement with Attorney General Bob Ferguson, DISH agreed to:

• Refund approximately $2 million to Washington state consumers;

• Provide additional benefits to consumers that could total up to $3 million; and
• Pay the state $569,500 for costs and fees.

Ferguson said that hundreds of thousands of Washington consumers were illegally charged a dollar per month for up to eight months. From May through December of 2012, DISH charged consumers a “WA State Surcharge” or “WA Surcharge” ranging from $1.00 to $1.09 — stopping only after Ferguson's office began an investigation.

“DISH’s actions cost hard-working Washingtonians millions of dollars, one buck at a time,” said Ferguson. “The Attorney General’s Office will prosecute any company that tries to make a buck through deceptive billing.”

Consumers to receive a full refund

Consumers rate DISH Network

Consumers will get a full refund of the surcharge they paid, regardless of whether they are still DISH customers.

Consumers do not need to do anything to get their refund — it will be issued as a bill credit for current customers or a check to former customers who paid the surcharge. DISH will contact all eligible consumers via mail or email.

In addition, residential subscribers who paid the surcharge, and who are still DISH customers, will get to choose one of the following benefits:

1. A ten dollar credit applied to their monthly bill;
2. Two free pay-per-view movies; or
3. Two months of free access to Epix movie channel (if they are not already subscribed to Epix).

Commercial subscribers, such as bars or restaurants, who paid the surcharge and are still DISH customers and who file a claim will receive a $10 bill credit.

Depending on the number of consumers who file a claim, DISH could provide about $3 million in additional benefits to Washington consumers.

The settlement applies only to consumers in Washington state.

What to do

While no action is needed to receive the refund, affected consumers must submit a claim form to choose and receive their additional benefit.

DISH is developing a web page — www.WaDISHsettlement.com — where consumers will be able to submit claims forms. The web page goes live on April 25, 2014.

Consumers wishing to claim their benefits under this settlement must submit a claim form and choose their benefit by Aug. 17, 2014.

DISH Network has agreed to refund about $2 million to customers in Washington state, following complaints that the company collected an unlawful monthly li...

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Study: better weather leads to better restaurant reviews

If you're a restaurant owner wondering why your delicious offerings always generate such negative commentary on review sites like Foursquare, Citysearch and others, well – maybe the problem is that your restaurant isn't as great as you think it is, sure.

But maybe the problem boils down to bad location, or even bad weather—say, if your restaurant's a failure in a rainy city like Seattle, maybe you'd do better in the Sun Belt. Or at least figure out a way to only operate on warm sunny days, when your customers are most likely to be happy.

A doctoral student at Georgia Tech (working with researchers from Yahoo Labs) inspected restaurant reviews from all over the country at all times of the year, and found a distinct correlation between the quality of restaurant reviews and how nice the weather is.

Foodies are also weather people

The published study, titled “Demographics, Weather and Online Reviews: A Study of Restaurant Recommendations,” basically concluded that restaurant reviews written when it's rainy or snowy, “too cold” or “too hot” tend to be overwhelmingly more negative than reviews written on nice days, even when other variables are taken into account.

The study's lead author, doctoral candidate Saeideh Bakhshi, said: “People love to describe themselves as foodies. But in the end, it looks like we’re all weather people, whether we realize it or not …. The best reviews are written on sunny days between 70 and 100 degrees. Science has shown that weather impacts our mood, so a nice day can lead to a nice review. A rainy day can mean a miserable one.”

Of course, restaurant and food reviews are inherently subjective anyway—even if two people agree “food ought to taste good,” there's still disagreement regarding just what “tastes good” actually means. But if Bakhshi's findings are any indication, the weather shapes your food preferences more than you even realize.

If you're a restaurant owner wondering why your delicious offerings always generate such negative commentary on review sites like Foursquare, Citysearch an...

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"House of Cards" comes to Comcast

Syndication has always been a big deal in the TV business. Once aired on their primary network, shows go on to live forever in syndication, and the advent of streaming video is doing nothing to change that.

The difference this time around is that "House of Cards" is going from Netflix streaming video to Comcast's Xfinity Store, skipping the over-the-air TV route entirely.

Netflix is retaining exclusive streaming rights to the series but Comcast will be selling episodes from the first season, as Amazon and Walmart’s Vudu are already doing. Individual episodes are priced at $1.99, which could be a tough gtsell, considering you can subscribe to all of Netflix for $7.99 a month.

Comcast is adding other titles to its Xfinity Store, including ”American Hustle,” to be available for rent or purchase starting tomorrow (Tuesday). 

In May, anther popular Netflix drama original, “Orange Is the New Black,” will be hitting the Comcast Xfinity Store on May 13.

The Xfinity Store titles come out before traditional video-on-demand and don't require the use of a laptop or smartphone to order. They can be called up right from the TV set-top box. 

It's similar to Verizon’s FiOS Flex View, which has offered movies for purchase and viewable on multiple devices since late 2010.

Syndication has always been a big deal in the TV business. Once aired on their primary network, shows go on to live forever in syndication, and the advent ...

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Judge orders Aereo to shut down in Denver, Salt Lake City

Television broadcasters have finally managed to eke out a small victory against Aereo, the rogue cable-like service that has been sucking money out of their cash drawers.

A federal appeals court judge in Denver said Aereo was violating broadcasters' copyrights. Tenth U.S. Circuit Court of Appeals Judge Dale Kimball ordered the service shut down in Denver and Salt Lake City and blocked it from starting in Idaho, Kansas, Montana, New Mexico, Oklahoma and Wyoming.

The victory may be short-lived, however. The Supreme Court has agreed to hear arguments in the case, which pits the fast-growing start-up against broadcast giants including ABC, CBS, Fox and NBC.

The case revolves around the royalty payments that cable systems pay to broadcasters for redistributing their programming. Aereo claims it is not a cable system; it says it simply operates a bank of miniature antennas in each city it serves -- one antenna per customer.

Aereo thus argues that it is not redistributing the broadcasters' programs for profit but is merely acting as a remote antenna for each of its customers.

Objections dismissed

Federal district and appellate judges elsewhere have dismissed the broadcasters' objections, leaving the broadcasters in a state approaching hysteria.

Some network executives have gone so far as to argue that they will pull the plug on themselves and take their stations off the air if Aereo is victorious in court. The stations would then be available only on cable.

Of course, this would shut off service to millions of consumers who have their own antennas but consumers have been an afterthought in this as in so many other debates that pitch supposed Davids and Goliaths against each other.

While the seemingly noble warriors grunt, strut and smack each other, playing to the cheering crowds in the stands, it's worth remembering that the prize they're fighting for is not peace, love and freedom. Instead, it's the lowly consumer, who will be taken out back and stripped of his worldly goods as soon as the main event is over.

Television broadcasters have finally managed to eke out a small victory against Aereo, the rogue cable-like service that has been sucking money out of thei...

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Feb. 9, 1964: the day Beatlemania arrived in America





Today, 50 years later, young people probably wonder what all the fuss was about. But on February 9, 1964, the Beatles appeared on the Ed Sullivan Show and entertainment, popular culture, perhaps even the world was never the same.

“Now yesterday and today our theater has been jammed with newspapermen and photographers from all over the nation and these veterans agree with me that the city has never witnessed the excitement stirred by these youngsters from Liverpool,” Sullivan said as he introduced John Lennon, Paul McCartney, George Harrison and Ringo Starr to a massive U.S. audience.

Polished image

But America was a bit late to Beatlemania, which had been in full bloom for months in the group's native England. After playing small clubs in and around Liverpool, the group hired Brian Epstein as its manager. Epstein quickly and cleverly gave the Beatles a polished, professional image. Their music did the rest.

Teenagers, young women especially, screamed their approval at appearances and mobbed the four musicians if they happened to see them in public. Sullivan is said to have been at Heathrow Airport in London in the fall of 1963, where he witnessed throngs of screaming girls as the Beatles disembarked from a plane.

There is an alternate version of how the group came to Sullivan's attention. The CBS Evening News with Walter Cronkite aired a lengthy feature story about Beatlemania in late 1963, which can be seen below.

Overnight sensation

Following the Ed Sullivan appearance the Beatles, almost overnight, became the most popular pop music group in America. Capital Records released one Beatles hit after another.

“I Want To Hold Your Hand” shot to number one on the Billboard Hot 100 immediately. By the time the group quit performing in 1970 it had held the number one spot on that chart for a total of 59 weeks while topping the LP charts for 116 weeks.

Perhaps more significantly, something about the Beatles captured the imagination of young people, not just in the U.S. but around the world. The group seemed to possess an authenticity that helped launch a social revolution. Some commentators mark the start of the decade of the 1960s on that cold Sunday night in February 1964.

Huge consumer product

Before they were finished as a group the Beatles had become a huge consumer product as well. In addition to their records there were books, movies and cartoon shows and their likeness appeared on hundreds of products, including lunchboxes and bed sheets.

Today these products are collectors' items. On eBay, a Beatles lunchbox has a price tag of $349. A set of Beatles bobble-head dolls has a "buy it now" price of $500.

Debra Hess Norris, a University of Delaware professor and expert on photographic preservation, says she still has a few treasured artifacts from her days as a Beatles fan which she carefully preserves. For those buying aging memorabilia, she urges careful treatment.

"Protect these materials from high and fluctuating temperatures and humidity," she said. "Do not store memorabilia in attics or basements. House them in a stable, low-humidity environment, such as an interior closet." 

Lasting legacy

After the Beatles broke up the four individual members continued solo musical careers. Today only two members of the group survive and one, Paul McCartney, has been knighted by the Queen of England.

Every few years their music is remastered and released, not just for nostalgic former teenagers with gray hair but also a new generation of fans, who find something to relate to in their music.

Today, 50 years later, young people probably wonder what all the fuss was about. But on February 9, 1964, the Beatles appeared on the Ed Sullivan show and ...

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Could reality TV be a force for good?

There's general agreement that unmarried teen-age girls should not be encouraged to have babies. So when MTV came up with reality TV shows like “16 and Pregnant” and “Teen Mom,” social critics went ballistic.

They warned that the shows glamorized teen motherhood and thousands of young girls would think they, too could land a reality show if they just got pregnant. While the concern is understandable, there is some evidence to suggest the shows had just the opposite effect.

Research by Wellesley College economist Phillip B. Levine and University of Maryland economist Melissa Schettini Kearney finds that since the shows began, there has been a 5.7% drop in births to teen-age mothers.

Could there be a link?

Whether there is any direct link has yet to be proven. After all, the teen birth rate was already in decline. But the economists say the introduction of the series does in fact coincide with a significant drop in the pregnancy rate. They say the critics may have been right that the media holds enormous influence over young viewers. They may have just been wrong about what the young female viewers would take away from the programs.

"In some circles, the idea that teenagers respond to media content is a foregone conclusion, but determining whether the media images themselves cause the behavior is a very difficult empirical task," Kearney said.

Negative reinforcement

And maybe the images of being up all night with a crying baby and not being able to go out with friends send a sobering message. The researchers believe there may be something to this and theorize that the timing of the shows and the rather significant drop in pregnancies do in fact have a link.

Kearney and Levine reached that conclusion after conducting an in-depth empirical study, analyzing Nielsen ratings data and metrics from Google and Twitter. The researchers then examined the impact on teen birth rates using Vital Statistics Natality microdata.

"Our use of data from Google Trends and Twitter enable us to provide some gauge of what viewers are thinking about when they watch the show,” Levine said. “We conclude that exposure to '16 and Pregnant' and 'Teen Mom' was high and that it had an influence on teens' thinking regarding birth control and abortion."

Abortions down too

While teen births were down, so were teen abortions, leading Kearney and Levine to conclude the drop in the teen birth rate is attributable to a reduction in pregnancies, not in an increase in abortion.

They further suggest that "16 and Pregnant" and "Teen Mom" drew in female viewers who were most at risk of an early pregnancy. What they saw as the programs unfolded was akin to the drivers education films of yester-year, which showed graphic footage from real auto accidents. In other words, after seeing what it was like to be a mother, not that many teens were all that keen on trying it.

Kearney and Levine have advanced the contrarian notion that not all reality TV is worthless trash. Some may, in fact, have redeeming social value. The researchers, in fact, would like to see more.

"This approach has the potential to yield large results with important social consequences," they conclude. "Typically, the public concern addresses potential negative influences of media exposure, but this study finds it may have positive influences as well."

There's general agreement that unmarried teen-age girls should not be encouraged to have babies. So when MTV came up with reality TV shows like “16 a...

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DirecTV gives the Weather Channel the boot

If you like to sit around and watch The Weather Channel, you'll have to do it somewhere other than on DirecTV, which has ousted the Weather Channel from its line-up, replacing it with a start-up called WeatherNation.

Both sides, as usual, accuse the other of being greedy and unreasonable, though in slightly more polite language.

“This is unprecedented for The Weather Channel. In our 32 years, we have never had a significant disruption due to a failure to reach a carriage agreement. We offered DirecTV the best rate for our programming, and I am shocked they have put corporate profits ahead of keeping a trusted channel that subscribers rely on every day," said David Kenny, chairman and CEO of The Weather Company.

"We are not looking for a large fee increase. We are simply looking for a fair deal that allows our company to continue to invest in the science and technology that enables us to keep people safe, deliver the world’s best weather, and tell weather stories to help people be prepared and informed," Kenny insisted.

"Cheap start-up"

Consumers rate DirecTV

Kenny accused DirecTV of putting finances before safety, claiming that WeatherNation is a “cheap start-up that does weather forecasting on a three-hour taped loop, has no field coverage, no weather experts.”

Not content to just gaze out the window, WeatherNation is beefing up its operations. It announced yesterday the deployment of sophisticated weather visualization tools from Baron Services, Inc., that will include tools for real-time weather forecasting software and 3D mapping.

"We're pleased to bring aboard additional services from a premier weather technology company like Baron Services," said Michael Norton, President of WeatherNation. "With the addition of Omni Weather Systems, our WeatherNation meteorologists can provide viewers with a more accurate and realistic illustration of what the weather will be."

DirecTV has not been too forthcoming about the dispute but told CNN that TV viewers have plenty of other options for weather information nowadays. “When information is readily available everywhere, it’s no longer necessary for people to have to pay a premium.”

DirecTV's chief content officer, Dan York, also said he's hopeful the dispute will be worked out. 

If you like to sit around and watch The Weather Channel, you'll have to do it somewhere other than on DirecTV, which has ousted the Weather Channel from it...

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New Dish system can record eight TV shows at once

For most people, the trick isn't remembering to record TV shows and movies, it's finding the time to watch all of them.

Dish Network isn't going much to help. At the Consumer Electronics Show today, Dish unveiled a new digital recorder system that can record eight TV shows at once. It uses Dish's Hopper DVR and a new Super Joey add-on box for separate rooms.

There is one catch -- four of the recorded shows have to be from the broadcast networks ABC, NBC, CBS, and Fox. 

Dish also unveiled partnerships with LG Corp. and Sony Corp. so that Hopper users can watch recorded shows in a second room without needing a Joey. Instead, the system uses an app on a smart TV or PlayStation game console.

"The Hopper continues to break new barriers in terms of accessibility, affordability and mobility," said Joseph P. Clayton, DISH CEO and president. "You see that in the way in which DISH delivers more content and virtually ends channel conflict with SuperJoey. Our new Wireless Joeys and software-based Virtual Joeys make in-home installation options almost limitless."

The system gives DISH customers the ability to record, pause, and play back shows from any room in the home and on the go. 

Less channel conflict

Customers can record up to eight shows simultaneously with Hopper by pairing it with DISH's new "SuperJoey," a client that adds two network tuners to the Hopper's native three tuners.

"With so much to watch on the Hopper, customers have asked for even more recording capability," said Vivek Khemka, DISH senior vice president of Product Management. "This upgraded ability, combined with the Hopper's capacity to store 2,000 hours of content, will anchor its place as simply the best DVR available."

While extending the capabilities of a Hopper to any television in a household, SuperJoey gives users the ability to record up to eight shows simultaneously -- any four shows plus the four major broadcast networks. Alternatively, the five network tuners give users the ability to watch and record any five shows from any network.

SuperJoeys are backwards compatible for all models of the Hopper.

BusinessWire photoFor most people, the trick isn't remembering to record TV shows and movies, it's finding the time to watch all of them.Dish Network...

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More cable subscribers are cutting, or at least thinning, the cord

It's pretty eye-opening to look at what consumers are paying each month for cable TV, Internet access, telephone service, wireless and other information products like satellite radio, streaming music and video, just to name a few.

It's not surprising that consumers are not only becoming price-conscious but are starting to look for ways to cut back on their information and entertainment spending, as a new survey from Digitalsmiths finds.

The cable bill -- the highest monthly entertainment bill in most households -- is where most customers are starting to whittle away at their expenditures, with Digitalsmith finding that pay-TV "cord-cutting" and "cord-thinning" both climbed a bit in the third quarter.  

Among pay TV customers -- representing some 90% of U.S. TV homes -- 17% either trimmed pay TV networks and services or removed them completely in the third quarter -- up from 14% in the second quarter and 13.4% in the first quarter.

And the trend shows no signs of stopping. The study found that 34% of respondents answered “maybe” when asked if they were considering changing their pay-TV packages. Nearly 7% are planning to change their cable, satellite and telco company while nearly 3% are planning to cut service altogether.

Fully 43.6% of respondents said they are paying more for TV service versus a year ago; 39.3% are paying the same, and only 17.1% are paying less. Over 21% of TV consumers are paying $151 or more per month for all TV, Internet and phone services; 16.9% are at $126 to $150; 19.4% are at $101 to $125; 19.3% are at $76 to $100; and 15.5% are at $51 to $75.

The survey results came from 3,177 consumers in the U.S. and Canada, 18 years and older.

It's pretty eye-opening to look at what consumers are paying each month for cable TV, Internet access, telephone service, wireless and other information pr...

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AOL, Roku launch news channel

Being a pipe is one thing but being a publisher adds a lot of value to a brand. That's why you see Netflix and Amazon producing their own movies and series. HBO and other premium channels did the same thing back in the early days of cable, establishing themselves as something more than just a distribution system.

Now Roku -- one of the early players in the streaming-video business -- is teaming up with AOL to produce a news channel that will be distributed through Roku's set-top boxes.

The companies said the news channel will include news videos from eight categories, including business, entertainment and technology. More than 1,000 premium publishers will also be contributing content, including the Wall Street Journal, BBCNews, HuffPost Live, The Associated Press and Reuters.

The integrated news service will be available free of charge in the U.S. on the new Roku LT, Roku 1 and Roku 2 players. It is slated to automatically roll out as a free software update in the coming weeks to all current-generation Roku devices.

"News is among the fastest growing categories on the Roku platform and this parntership pwith AOL makes it even easier for customers to find and starat watching a variety of news videos," said Steve Shannon, general manager of content for Roku. "This is the first ingrated news service on a TV streaming platform."

Being a pipe is one thing but being a publisher adds a lot of value to a brand. That's why you see Netflix and Amazon producing their own movies and s...

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Blockbuster continues its disappearing act

Blockbuster was the chain Americans loved to hate. Sure, it had stores everywhere, more than 5,000 of them at its peak, and offered a huge treasure trove of movies on DVD and VHS but it also seemed to have a knack for finding ways to scalp customers with late fees and other penalties that made an evening's home viewing more expensive than a ticket to a Broadway show.

It got its comeuppance as the rise of Netflix, Amazon and other streaming video services made movie watching easier and cheaper, and eliminated the late fee problem.

Battered on all sides, Blockbuster sank into bankruptcy a few years ago and was purchased by Dish Network, the satellite TV company, for reasons no one ever quite understood. Dish quickly closed many of the remaining stores and now says it will close the remaining 300 by early January, at a cost of about 2,800 jobs.

About 50 stores that are operated by franchisees will remain open.

Consumers rate Blockbuster

Dish paid $234 million for the chain, saying it would bring it up to speed as a digital retailer. Not much panned out, though, and its efforts amounted mostly to changing signs, rearranging stores and trying to attract more Hispanic customers in inner-city neighborhoods.

Blockbuster tried to emulate Netflix' DVD-by-mail effort, with about as much success as it displayed in its other efforts.

"This is ridiculous. I have not received any new releases in months now," said Jack of Brooklyn, NY, in a complaint to ConsumerAffairs a few months ago. "I have been with them for several years and this started happening about seven months ago. Not one movie at all."

Dish CEO Joe Clayton said this week that, although it was closing the stores, Dish continues to "see value in the Blockbuster brand, and we expect to leverage that brand as we continue to expand our digital offerings."

The Blockbuster store, a fixture of many American neighborhoods for 25 years, will all but disappear in coming months, the chain's owner, Dish Network...

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NBA reaches agreement to stream local games

Live video streaming is coming to the courts -- the basketball courts, that is. The NBA is reportedly close to signing deals with several cable outlets to let fans watch their local teams live online, a first for a major sports league in the U.S.

Sports Business Journal says the games will be streamed under the TV Everywhere banner and reports that deals have already been inked with Fox and NBC Sports, the country's two biggest owoners of regional sports networks.

National sports contests have been streamed before, but the NBA will become the first major national league to allow live streaming of local games. They're previously been blacked out in local markets to encourage attendance.  

You'll still have to be a cable TV customer but there will be no extra charge for the live streaming, at least initially. The deal reportedly runs through 2016. 

“It is not going to roll out at one time for everyone,” said Bill Koenig, executive vice president of business affairs and general counsel for the NBA, according to Sports Business Daily. “My sense is that Fox, from a technical standpoint, is further along. The good news is that I think it will happen in a significant way this year.”

Live video streaming is coming to the courts -- the basketball courts, that is. The NBA is reportedly close to signing deals with several cable outlets to ...

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Use your psychic powers to become a millionaire ... or not

Here at Consumer Affairs we’re acutely aware of our own limitations which is why, when investigating various claims or complaints made by our readers, we generally stick with the standard mainstream, scientifically-accepted human senses: things we can see, hear, touch, taste or smell. Claims of psychic phenomena or extra-sensory perception (ESP) are, by definition, excluded from this list because if psychic talents do exist, they have not been bestowed upon us.

We mention this because, when we checked our email today, we found a press release offering a review copy of a self-published book claiming to discuss psychic phenomena. “Author warns of government harnessing the ‘God Spot’,” read the email’s subject heading, and the text assured us that “many people today experience psychic phenomena and have no real way to talk about or document them,” which means that “government intervention and destruction of privacy could eventually take place not only on social media and telephones but also psychic abilities targeted in the brain.”

A new plateau in surveillance

In other words, the author is warning that, besides eavesdropping on our telephone calls, emails and social media activities, the government may soon be looking inside our minds to see what we're thinking. 

You can, of course, find people roaming the streets of any big city, already claiming that the government is reading their thoughts. Our editor once narrowly escaped being stabbed by a butcher-knife-wielding woman who accused him of broadcasting her dreams on the local all-news radio station.

Nevertheless, this does pique our interest. After all: if psychic, supernatural or extrasensory powers can be proven to exist, that would arguably be the greatest scientific discovery in history. Unfortunately, as we said already, we’re utterly unqualified to investigate such claims ourselves.

However, there is an established non-profit organization that not only investigates psychic or supernatural claims under controlled laboratory conditions, but has established a million-dollar trust fund payable to anyone capable of demonstrating genuine psychic or extra-sensory abilities under these conditions.

The James Randi Educational Foundation (JREF) is “an educational resource on the paranormal, pseudoscientific and the supernatural” which for several years now has sponsored the One Million Dollar Paranormal Challenge. (Actually, JREF’s financial records show that, thanks to compound interest, the account balance had grown to over $1.4 million by March 2013.)

The ground rules for the million-dollar challenge are pretty straightforward. JREF’s website says:

“The Foundation is committed to providing reliable information about paranormal claims. It both supports and conducts original research into such claims.

“At JREF, we offer a one-million-dollar prize to anyone who can show, under proper observing conditions, evidence of any paranormal, supernatural, or occult power or event. The JREF does not involve itself in the testing procedure, other than helping to design the protocol and approving the conditions under which a test will take place. All tests are designed with the participation and approval of the applicant. In most cases, the applicant will be asked to perform a relatively simple preliminary test of the claim, which if successful, will be followed by the formal test. Preliminary tests are usually conducted by associates of the JREF at the site where the applicant lives. Upon success in the preliminary testing process, the ‘applicant’ becomes a ‘claimant.’”

The application form and a more detailed copy of the rules can be found on JREF’s website here. We're not recommending this, mind you. Merely passing it along for what it's worth. 

We can’t investigate paranormal claims, but we know someone who can ...

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Europe to Disney: Please fix Disneyland Paris

There’s two levels of irony beneath the recent Change.org petition  begging the Walt Disney Company to clean up its Disneyland park in Paris: one, many Americans have this idea that anything in Paris (or Europe in general) must surely be better and more sophisticated than its American counterpart; and two, the Disney name has become so associated with clean, shiny, family-friendly fun that “Disneyfied” has become an actual slang term referring to a sanitized, family-friendly version of something.

But if the Change.org petition is to be believed, Disneyland Paris has become a most-unDisneyfied place during its 20 years of existence.

The petition starts out by flattering Disney in general and CEO Bob Iger in particular:  “When Disneyland Park (then Euro Disneyland) opened its gates back in 1992, it truly was Disney's greatest achievement; a technological and artistic marvel. Its high quality shows, rides and theming proved successful with European audiences, and its guest experience was similar, if not superior, to that of Disneyland and Walt Disney World.”

So what went wrong? “[D]ue to constant financial problems, the overall quality of the experience has slowly deteriorated over the years. The many years of budget cuts in maintenance, entertainment and food and beverage, have left the resort in an unacceptable neglected state.”

Neglected state

The petition divides its complaints into four sub-categories: Maintenance (“Many themed elements are decaying and crumbling, while others are literally falling apart”); Budget Cuts (resulting in shuttered theaters and under-utilized rides); Food (“the quality is never as good as what’s offered in your American parks”); and Walt Disney Studios Park (described as “the only park to open without a traditional Disney [p]ark ride, the park that is struggling with its identity; in short the park that never met the ‘Disney standard’”).

 Semi-related anecdote: since at least 2006, psychologists have noted the existence of a rare, but real, psychological disorder known as “Paris syndrome.” Japanese tourists who visit the city are particularly prone to suffering from the disorder, a form of depression that strikes when visitors expecting to see a beautiful, idealized version of Paris experience brutal disillusionment upon visiting the actual city.

Thus far there is no official psychological disorder known as “Disneyland Paris syndrome,” but it sounds like Change.org petitioners are getting close.

"Paris syndrome" is bad enough. "Disneyland Paris syndrome" is worse....

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CBS signs with Verizon, offering consumers an alternative to Time Warner

While the struggle between CBS and Time Warner Cable over license fees is an inconvenience for millions of consumers, it's turning into an attractive opportunity for Time Warner's competitors.

Meanwhile, in a gesture that gives new meaning to the word "token," Time Warner said it would give its customers free TV antennas so they can try to pull in a CBS signal while the dispute drags on. Of course, some of those customers just may discover the antenna works so well they don't need Time Warner anymore, but who cares about them anyway?

Verizon is the latest to take advantage of the situation, signing a three-year deal that will provide carriage of CBS stations to FiOS customers in New York, Los Angeles and Dallas, where about 3.5 million Time Warner subscribers have been unable to get CBS programming through their cable service since the dispute began.

CBS President Les Moonves said the deal snapped up by Verizon was "almost exactly the same" as the one rejected by Time Warner.

“We’ve reached this agreement in partnership with CBS for our customers, so that they may continue to enjoy CBS content on FiOS,” said Terry Denson, Vice President of Video Content and Strategy at Verizon. “Verizon continues to address areas of change where necessary in current policies to better reflect the interests of consumers.”

Streaming rights

Consumers rate Time Warner

The agreement allows CBS to retain its digital streaming rights, something that's been an issue in the Time Warner talks.  “FiOS TV will also continue to provide – free to the viewer – CBS programming via Verizon’s industry-leading video on demand services to all subscribers,” Moonves said in a statement.

In addition, CBS said the CBS Sports Network will "dramatically increase its distribution with FiOS." Separately, CBS and Verizon have an existing agreement for FiOS to carry Showtime Networks and Smithsonian that will continue in the years to come as well, the companies said.

CBS has also reached agreement for Dish Network to carry its programming and Radio Shack and other electronics retailers report growing demand for TV antennas while Aereo, which distributes broadcast TV over the Internet, has been quickly expanding the list of cities it serves, including many affected by the Time Warner dispute.

While the struggle between CBS and Time Warner over license fees is an inconvenience for millions of consumers, it's turning into an attractive opportunity...

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Apple iTunes Radio debuts next month; Google talking with NFL

Pandora may be feeling about the way Borders did a few years ago, although it insists things are just fine, thanks.

Apple iTunes Radio is about to take to the airwaves, or whatever you want to call the broadband universe.

There'll be no shortage of commercials. Apple has a handful of top-drawer sponsors ready to go, including McDonald's, Nissan, Pepsi and Procter & Gamble.

So is Pandora worried? Quite the opposite, if you can believe Chief Financial Officer Mike Herring, who told analysts recently that iTunes Radio will be good for Pandora and other streaming music services. 

It will bolster the exposure of digital radio and accelerate the move to it from traditional broadcast radio, he said. He recalled the entry of iHeartRadio from Clear Channel, the nation's biggest radio chain, a year or two ago.

"When iHeartRadio launched a couple years ago, we had the same questions," he said. "We've gone from 50 percent market share to 70 percent market share, and they've stayed flat. ... We won't do much different."

YouTube-NFL

Google has some big dreams as well. It's holding formal talks with the National Football League about broadcasting NFL games on YouTube.

Google would get the NFL's "Sunday Ticket" package, which consists of all the out-of-town games. DirecTV currently has that package at a reported price of $1 billion a year, but the deal expires next year so potential bidders are starting to put on their helmets and shoulder pads. 

Pandora may be feeling about the way Borders did a few years ago, although it insists things are just fine, thanks.Apple iTunes Radio is about to take to...

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The Post is the past; Is CBS next?

Comedian Bill Maher likes to portray Republicans as being in a "bubble," a bubble that isolates them from the realities of the world. It's a frequent feature of his Friday night HBO series.

But bubbles are everywhere. Not too long ago, real estate was in a bubble that popped with disastrous results. And the daily newspaper industry has been drifting along in a great big bubble for quite some time.

Most recent example: This week's stunning announcement that Amazon founder Jeff Bezos was buying the Washington Post -- home of the fabled though somewhat long-in-the-tooth Woodward-Bernstein team -- for $250 million cash, a mere pittance in Big Media terms.

Over the weekend, The New York Times sold the Boston Globe for $70 million, about 6 percent of the $1.1 billion it paid to buy the newspaper in 1993. Investor Warren Buffet has been buying newspaper companies by the armful for prices that amount to less than 10 percent what they were worth just a few years ago.

The same trend was seen earlier in the music, magazine and local radio business. Companies that have been around so long they seem like institutions collapse virtually overnight and are sold for a song, or are simply wafted away like a leaf in the breeze.

Shock and awe

What's perhaps saddest about all this is that it's so surprising to the executives and corporate officers who for years have been drawing six- and seven-figure salaries to keep their businesses healthy. There are expressions of shock, concern and outrage when board chairs and CEOs discover what everyone else already knew.

Over on 15th Street, NW, the Washington Post has for the last few years bemoaned the falling advertising rates that have left its bottom line on the wrong side of zero. But it's not just ad rates and Craigslist that dragged down the Post. Circulation fell from 800,000 to around 400,000 in a decade.

Readers went elsewhere.

Was it because of the Internet? Or could it have been the free weeklies, The Washington Times, NewsChannel 8, Politico and all the other new news sources that nibbled away at the Post's grip on Washington? Could it have been the Post's stubborn concentration on the relatively tiny city of Washington (population about 500,000) while relegating the Virginia and Maryland suburbs (with about five times as much population)  to the inside pages?

Post Company chairman Donald Graham not long ago derided coverage of consumer news as nothing more than a way to hype the ratings. Thanks, Don.

Could it have been that the New York Times and Wall Street Journal somehow managed to deliver their printed newspapers to Washington-area subscribers without a hitch while the Post's independent distributors went out of their way to antagonize customers and throw their papers in the ditch or simply not deliver them at all?

No one knows, because no one has much cared, certainly not the Post's Circulation Department. It's likely, though, that Jeff Bezos, fabled for his concentration on customer experience, will find out.

Business as usual

Meanwhile, back at other Old Media watering holes, it's pretty much business as usual, as illustrated by the current unseemly battle between CBS and Time Warner.

Time Warner CEO Glenn Britt and CBS CEO Les Moonves have been fighting to see who can gouge their customers most effectively and, failing to agree, are taking it out on those very same customers.

Time Warner subscribers in New York, Los Angeles and other mega-markets have been locked out of watching CBS the last few nights as the media titans squabble over how they should share the spoils. The battle has featured all the usual weapons -- dueling TV and newspaper ads, Internet petitions, social media postings and media pitches from p.r. agents.

But while Britt and Moonves are arguing over splitting the take, consumers are finding more and more ways around Time Warner and CBS. There's Dish Network and even the quaint Old World practice of hanging an antenna out the window. Netflix and Amazon, which just a few years ago mostly recycled old movies and TV series, are now producing high-quality original series. YouTube is developing endless channels of new content and a little company called Aereo is making CBS and other broadcast channels available over the Internet.

Tellingly, when Aereo first came on the scene, the networks threatened to take themselves off the air and force consumers to pay their cable systems to watch network shows. The empty boast was met with the ridicule it deserved.  

Not paying enough

We haven't heard the networks threatening to go dark much lately, although we still hear them complaining that consumers aren't paying enough for their priceless programming.  

Someone should point out to Moonves & Co. that that's the exact same song the newspapers were singing a few years ago, when they complained that consumers were not sufficiently eager to pay for news on the Internet. Papers raced to throw up paywalls to lock out the freeloaders who might otherwise see the stories and, not coincidentally, the ads that local businesses were paying to put on the newspapers' web sites.

The paywalls worked out fairly well for the Wall Street Journal and New York Times, which actually produce world-class content, but not so well for the Mulkeytown Messenger. There's a lesson in that for broadcasters and cable systems.

Punishing the customer by throwing the paper in the ditch and building paywalls -- or taking the signal off the air -- well, it might feel good at the time but like scratching a mosquito bite, it only makes matters worse.

You listening, Glenn and Les? Consumers are paying big bucks for cable. Unseemly squabbles like this simply make them determined to look elsewhere. And there are plenty of elsewheres out there.

Comedian Bill Maher likes to portray Republicans as being in a "bubble," a bubble that isolates them from the realities of the world. It's a frequent featu...

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Google gives TV another try with Chromecast

In some ways, Google is like the young hotshot musician, actor or entrepreneur who peaks too soon. Its search engine and contextual advertising system were such smash hits that everything else seems, well, kind of flat.

But you have to give them credit, the Googlers keep trying when they could just sit around and clip coupons. One problem Google and other great minds of the modern age have been trying to solve is television -- namely, how to rescue TV from its tower and marry it to the Internet.

It's not as though anyone else has solved this conundrum. Apple has struck out several times. Now it's starting to look like both Google and Apple may have been guilty of over-engineering. They both came up with set-top boxes that were monuments to complexity -- something that anyone who has ever tried to master his TV, DVR, cable box, DVD player and audio system needs no more of.

Simple, very simple

So Google, like Apple, has adopted the KISS protocol (come on, you know what this is -- Keep it simple, stupid) and the result is something called Chromecast -- a little $35 thing that looks sort of like a thumb drive. 

OK, it is a thumb drive, but instead of plugging it into your laptop, you plug it into your high-def TV and, voilà, you can stream video from the tablet, computer or smartphone that you have paired with the thumb drive.

If this sounds familiar, it's because it's the way Apple TV works, except that Apple TV costs $99 and restricts you to using Apple-brand devices. Chromecast lets you use Android, Windows, Google's very nifty brower-based Chrome OS and, ahem, Apple. 

Sound confusing? It's not. Here are the stunningly simple set-up instructions from Google: "Plug Chromecast into any HDTV, connect it to WiFi, then send videos and more from your smartphone, tablet or laptop to your TV with the press of a button."

Initially, it works with Netflix, YouTube, Google Play and Chrome but you can expect lots more sources to sign on. It's pretty hard, in fact, to see how any major program producer would want to miss sailing on this boat. And it's also hard to see how this doesn't cause major angina for cable TV executives and the folks at Roku, whose neat little devices have previously been the simplest way to get hold of lots of high-def programming.

To sweeten the deal even further, for the $35 you pay for the Chromecast device, you get three months of free Netflix service -- an offer that applies even to current subscribers. Netflix' most basic plan is $8 per month, so that means Chromecast costs you $11. Cheaper than a Chevy Volt anyday.

In some ways, Google is like the young hotshot musician, actor or entrepreneur who peaks too soon. Its search engine and contextual advertising system were...

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TV business sweats as Internet giants stoke the flames

It wasn't long ago that the TV business was so simple. A handful of networks bought shows, sold ads and kept the local stations fed and watered.

Times have changed and it won't be long before the TV business is as upended as newspapers and magazines. 

Google is trying to line up shows for a new TV service, Apple is working on an ad-skipping service similar to Dish Network's Hopper and cable-bypass service Aereo has won another court challenge, all part of the frenzied state of affairs that typifies the TV business today.

Here are the gory details:

Unoriginal original programming

Google has been approaching media companies about licensing their content for an Internet TV service that would stream traditional TV and cable programming. It might be a great idea but it's not particularly unique; Intel, Sony and Apple are all working on similar schemes. Broadcasters and program producers are wary, however.

Google has also started underwriting some original (though pretty pedestrian) programming on its YouTube channel and is launching traditional cable service on its Google Fiber network in Kansas City. And for years, it's been fooling around trying to develop a cable-TV-style set-top box.

A bite of the Apple

Apple reportedly is developing technology that would let viewers skip commercials in TV shows but, unlike Dish Network, would pay the media companies for the skipped spots. Who would pay Apple? Viewers? It's not yet clear.

The networks sued Dish when it came out with the Hopper but if Apple's checkbook is fat enough, it may get a better reception. After all, it's no secret that many -- maybe most -- consumers use their DVRs to skip commercials. That has been slowly but steadily eroding the whole TV business model, so Apple might be seen as savior rather than villain.

Aereo still airborne

Aereo's antennas

Aereo, on the other hand, has broadcasters absolutely foaming at the mouth, pounding the table and circling the wagons. It's the upstart service that delivers local broadcast signals over the Internet, bypassing cable systems and depriving broadcasters of the licensing fees the cable systems pay them for each subscriber.

In the latest development, the U.S. Court of Appeals for the Second Circuit has denied a broadcaster's request that the full court review a three-judge panel's April decision that Aereo could continue operating while a lower court considers further appeals.

And don't even mention Netflix and Amazon, which are producing high-quality original programming on a par with HBO in its prime.  

Yoo-hoo Yahoo!

Oh, and then there's Yahoo, which is still kind of nowhere, one of the few Internet titans not visibly seeking to pull the blocks out from under the TV game. Marissa Mayer has been the CEO for a year now and has managed to stop the decline in traffic but ad sales are still anemic and revenue for the last quarter disappointed Wall Street. There may be a lot going on there but if so, it's beneath the surface, which isn't necessarily the same as underwater.

It wasn't long ago that the TV business was so simple. A handful of networks bought shows, sold ads and kept the local stations fed and watered.Times hav...

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How long will folks choose cable over online programming?


All right, so you've just plopped down on the couch after a hard day, and the only thing you want to do is zone out in front of the television. There really isn't anything specific that you want to watch, but you figure with over 400 channels, you'll be able to find something. But many times that simply isn't the case.

So how much are people really getting from cable television? Especially in these days when you can practically watch anything you want online and on your mobile device.

According to a report released by CouponCabin.com, 45% of people believe cable TV is a total waste of money. In addition, 11% of folks in the U.S. said they used to have satellite or cable TV, but they eventually got rid of it.

In a separate survey conducted by the consulting firm Altman Vilandrie & Company, it showed that 20% of consumers have cut down on the number of services they have and chose to spend less money for cable than they did one year prior.

Nothing to watch

Many experts say it's not just the rising cost of cable television that convinces people to either change or cancel their service, it's the fact that a lot of people just don't watch shows when they actually air on television.

According to findings released by the site Deal.com, 193.1 million people will be watching full length programs online by 2014, which is a substantial increase from 2010 when the number was 147.5 million. 

In fact, since 2009, the number of people choosing online programming over cable has increased quite steadily.

Statistics show that in 2009, 49.6 million people watched online programming instead of television. In 2010, 58.9 million people did the same thing. And in 2011, 72.2 million people chose to stream a program instead of watching one on TV.

And when it comes to the cost between subscribing to online services and paying for cable, the difference is pretty substantial.

Based on a report commissioned by the NPD Group, the average monthly cost for cable is $86, compared to the cost of a monthly Netflix subscription which is $7.99.

And a monthly subscription to Amazon Prime, which allows you to stream online programming and receive free two-day shipping on Amazon products, costs $6.67 a month.

In addition, the CouponCabin report shows that 69% of U.S. adults spend $1 to $100 on either cable or satellite, 16% spend $101 to $149, 10% spend $150 to $199 and 5% spend $200 or more each month.

Despite the cost ...

But despite the costs, 81% of folks still subscribe to cable television, and Senior Savings Adviser Jackie Warrick says it'll probably take a while before more people cut their cable chords for good.

"Despite the big bills that arrive month after month for TV services, most Americans continue to subscribe," said Warrick. "In fact, 15% of cable subscribers we surveyed said they would never consider dropping cable TV services. 

"As more viewing options arise at lower price points, though, it's likely more consumers will pull the plug."

But Scott Mirer, Netflix's director of product management, says people shouldn't expect cable TV to go away completely, regardless of how much costs increase.

"Clearly, a lot of people would like this to be a reality, that there's this evolution coming, that everything's going to be different, but that's probably not going to be the reality," said Mirer in an interview with PC Magazine.

Diehard sports fans

And it probably won't be a reality for sports fans either, as 43% said they have no desire to cut their cable services, due to all the live sports they're able to watch.

When sports fans were asked what would make them cancel their cable subscription, 56% said they would do so if there was a cheaper alternative.

Additionally, 55% said they'd cancel cable if they could no longer afford it, 27% would cancel it if they stopped watching the same amount of television and 17% they'd cancel cable if there were other ways to watch live sports broadcasts.

Duncan Stewart, who's the director of research, technology and communications for Deloitte, says the change of seasons is another reason a lot of people can't get rid of their cable service.

"Another thing that happens is that people cancel cable subscriptions and enjoy a month or two of the outdoors, or pursuing other hobbies," he said in a published interview. "And then winter comes, or the new television season, and the show they love isn't available on the Internet, so they sign up again."

Additional research shows that by the year 2014, 77% of Internet users will be watching their programming online instead of on TV, but whether they'll cut their cable services altogether remains to be seen.

Alright, so you've just plopped down on the couch after a hard day, and the only thing you want to do is zone out in front of the television.There really...

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Barnes & Noble backing out of the Nook-making business

Did it ever seem like a good idea for struggling book retailer Barnes & Noble to go head-to-head against Apple, Amazon, Google and other rich and powerful technology companies?

Maybe it did to someone but, as Bill Clinton might say, a little arithmetic shows otherwise. So now, BN says it will stop making the color Nook e-reader and will sell co-branded devices made by others while continuing to make its own black-and-white Nook. 

The company says the Nook losses have wiped out the profits the company managed to eke out of its book retailing business. Nooks have been losing ground all around, losing market share while the size of the overall e-reader market declines.

After all, most people who want an e-reader already have one or more. More significantly, most folks are occasional readers who can do all the reading they can stand on their iPad or other tablet or smartphone.

While there will no doubt be those who see this as bad news for the book business, we know of quite a few Nook owners who will not be sorry to learn of the devices' demise. 

"The Nook keeps telling me to go to an area with WiFi when I try to download books in my library but is sufficiently connected to sell me a new book! Weird," said Alan of Crowborough, England in a ConsumerAffairs posting. "I have tried to de-register and reload but now it's completely locked. I am waiting for Nook customer service to suggest what to do. The Nook app on my iPad works fine. It's the Nook that is the problem. Really wish I'd gotten a Kindle instead."

"My Nook Color will not charge past 19%," said Brandy of Charlotte, N.C. "I've replaced the charger twice in less than a year. I was told since it was over one year old, I had to pay $60 for a refurbished Nook or $85 for a new one. I've decided on a new reader from a different manufacturer. My sister had the same problem with her Nook Color. We're both shopping elsewhere."

The Nook news was sort of tucked into Barnes & Noble's financial results, which showed that for the quarter, Nook revenues dropped by 34% to $108 million as device sales fell. And for fiscal 2013, Nook revenues declined by 16.8% to $776 million.

The slow nook sales also dragged down sales of music, books and other digital content, which was down 8.9% for the quarter.

Did it ever seem like a good idea for struggling book retailer Barnes & Noble to go head-to-head against Apple, Amazon, Google and other rich and ...

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Suit: Time Warner’s sports offerings inflate cable costs

Complaining about the cost of cable is a popular American pastime. But four California consumers have decided to stop talking and do something about it, filing suit against Time Warner for anticipated costs due to the provider’s recent acquisition of Lakers and Dodgers rights.

The suit focuses on two separate acquisitions made by Time Warner. In 2011, the cable provider gained a 20-year-long right to broadcast Los Angeles Lakers basketball games. Then, in January, Time Warner acquired a 25-year-long right to air Los Angeles Dodgers games.

According to the suit, the Lakers deal, which cost Time Warner $3 billion, will add $4 to every customer’s monthly bill; the Dodgers deal, which ran $8 billion, will cost consumers $4 or $5 extra per month, the suit claims.

“There is no legitimate business, legal, technological, or economic reason why TWC cannot offer these Lakers and Dodgers games on a standalone channel basis so that only those subscribers who want and are willing to pay for them would do so and those who did not want these channels could ‘opt out,’” the complaint says.

The suit also names the Dodgers and the Lakers as defendants.

A popular complaint of late

This isn’t the first uproar over “bundling,” the practice of only offering content and channels as part of a larger group. (Bundling is the reason that you can’t, say, subscribe only to HBO and ESPN, while avoiding The Food Network and Lifetime.) In February, cable provider Cablevision sued media conglomerate Viacom, claiming that Viacom only offered popular networks like Nickelodeon and MTV if Cablevision also accepted a slew of less-demanded networks. Cablevision claimed that that practice, knowing as “tying,” violates antitrust laws.

And in May, Senator John McCain (R-Ariz.) introduced the Television Consumer Freedom Act of 2013, which would allow consumers to choose the channels they wanted, and eschew the ones they didn’t.

Complaining about the cost of cable is a popular American pastime. But four California consumers have decided to stop talking and do something about it, fi...

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Useful apps for the film buff

Every summer there's usually at least one movie for every type of film fan.

This summer, "Man of Steel" will probably satisfy those who like action and adventure. And the film "Before Midnight" -- with Ethan Hawke and Julie Delpy -- will most likely draw in a good number of indie film fans.

But what can you do to find out what else is playing? While there are millions of ways to do a search, the most convenient is probably to search with an app. There are a few good ones out there that can assist the hardcore film buff and tell the occasional moviegoer what's playing around town.

Get Glue

Take Get Glue. It started as a social networking site for TV shows, but now includes music, books, sports and yes, movies, and it tells you what's playing in theaters and what's being streamed.

Although Get Glue has added other features since it launched, the creators still kept the social networking parts of the app, so you can communicate with other fans once a film ends or while it's still playing.

Plus the app gives you movie recommendations, lets you watch clips and gives you behind the scenes info. And you can win prizes and special perks for using the app, too.

Movie vault

Movie Vault is another great app mainly for its wide variety of content and for having a collection of obscure movies that would be hard to locate on other apps.

The creators claim Movie Vault has well over a thousand movies from the last hundred years and that new content is being added all the time.

You can use the site's search bar to look for movies by title, actor, director or in other ways. You can search by genre, too. In addition, Movie Vault gives you all of the film's background information as well as the cover art.

All the background info comes from the Internet Movie Database (IMDb). And like Netflix's site and phone app, you can either stream movies on the spot or save them to your queue for another time.

Movie Vault's boosters say it's extremely easy to use and that you'll be able to navigate through it very easily. It'll cost you $1.99 to download the app, but there are no charges afterwards.

RunPee

Then there's RunPee, a good app with a bad name. You'd think the creators could have come up with a name that's a little less descriptive, but the app is still pretty useful.

Simply put, RunPee tells you when it's okay to take a bathroom break without missing a crucial part of the movie. 

They choose these times based on parts of the movie where nothing much is going on. And when you return to your seat, the app tells you what you've missed.

The app lets you know other things too. It gives you a brief synopsis of the first few minutes of a film, in case you're running late, and it lets you know if there's something coming after or during the final credits -- because sometimes it's hard to decide whether to stay or leave.

Location Scout

Location Scout is another movie app for film lovers, but it works much differently than the rest of the apps mentioned here. It doesn't show movies or tell you where the nearest one is playing; it directs you to  famous film locations instead.

So if you're in Miami and you want to get a peak of Tony Montana's house in the movie "Scarface," the app will help you find it.

Location Scout pulls the information from IMDb and brings it up on a map to direct you to the exact spot. And whether you use the app to discover filming locations in your area or while you're on vacation, it could be a fun thing to have -- especially if you like visiting places where the rich and famous have roamed.

Every summer there's usually at least one movie for every type of film fan.This summer, "Iron Man 3" will probably satisfy those who like action and adve...

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Tips on saving money at theme parks this summer

If you and the family are planning to head to Walt Disney World this year, you might want to save a few extra bucks.

Ticket prices for the Florida-based theme park just went from $89 to $95, so if you have a family of four, let's say, you're looking at spending nearly $400 -- and that's just to enter.

And if you happen to be a family of five or six, you're really going to be spending some major cash. Some might say it's time for Mickey to get a salary cap.

So what can you do to save money at a theme park this summer?

Plan ahead

The last thing you want to do is buy tickets at the gate, say experts. You're much more likely to find better deals either online or through special coupons or promotions.

Check social media sites like Facebook and Twitter as well, as a lot of amusement parks announce special prices throughout the summer.

Sometimes supermarkets and fast food chains will carry coupons and promotions. Or you can call the amusement park directly and ask what types of special offers are going on. And you always want to buy your tickets ahead of time, experts advise.

According to the folks at the International Association of Amusement Parks and Attractions (IAAPA), consumers should look for bundle packages that include general admission, lodging, meals and access to special attractions.

If you're planning to attend a theme park more than once during the summer, you should consider buying a season pass, as it will pay itself off in about three visits, says the IAAPA.

Another way to get cheaper theme park tickets is by being a member of an organization like AARP or AAA. A lot of companies have access to coupons and discounted tickets as well, so you may want to check with your job. Your credit card company may offer some discounts too.

Buy now

Jennie Sanford of Savings.com and BargainBlessings.com, told Fox News that consumers should purchase everything they need before hitting the amusement park. And she wasn't just talking about buying food to eat in the parking lot.

"Anything you forget last minute will be outrageously priced anywhere in the theme park or hotel," she said. "Sunscreen, hats, raingear and emergency medicine should all be purchased and brought with you -- don't be worried about purchasing when you get here."

Plan ahead

And when it comes to getting the most out of your amusement park trip, it's best to plan ahead.

Robert Niles, editor of ThemeParkInsider.com, says avoid going to theme parks during the weekend, as it'll be hard for you to do everything you want to do.

"Avoid Saturdays and Mondays," he said in an interview with ABC News. "Saturdays are the busiest day of the week at a park. Mondays are often the second busiest and busier than Sundays since many others thought Sunday would be worse. The least crowded days to visit are Tuesdays and Wednesdays." 

Corinne McDermott, of HaveBabyWillTravel.com, said to bring a few healthy snacks with you to keep you and the kids naturally energized.

"Theme park food can be surprisingly good, but most of the snacks are of the salty or sugary variety," she says. "Having healthy snacks on hand helps make sure that everyone's fueled up and ready to play."

Additionally, McDermott says try not to do everything in one day. Trying to do too much could backfire and ruin the whole experience for both you and the children.

"Probably the worst mistake a parent can make in planning a day at the amusement park, is trying to cram too much in, especially if your kids are little," she says.

If you and the family were planning to head to Disney World this year, you might want to save a few extra bucks.Ticket prices for the Florida based theme...

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Fan TV: What's all the hubbub about?

Between video streaming, using the DVR and watching television the traditional way, there are many ways for people to watch their favorite programs these days.

That's why set-top boxes like Apple TV and Roku have been introduced,  as companies want to get a quick jump on the new way people are now watching TV.

Fan TV

Arguably the biggest buzz about set-top boxes surrounds Fan TV, which is a tiny contraption that resembles a computer mouse that sits on top of your television and offers streaming, DVR and live television all in one shot.

And Fan TV comes with a unique remote control that doesn't have any buttons, which allows users to scroll through content like a smartphone, and click on what they want to watch.

In addition, Fan TV is supposed to replace your cable television service, which is different from the way Roku and Apple TV work.

So far there haven't been any reports that suggest a cable provider has signed on with Fanhattan -- the makers of Fan TV -- which is probably why a release date and price point haven't been announced yet.

Fan TV lets you access web-based content too, so if you're a Netflix subscriber or you use Hulu or Hulu Plus, you wouldn't have to shift back and forth from service to service. Overall, the set-box is supposed to make it easier for you to scroll, search and click on whichever service you want to access.

Fanhattan CEO Gilles BianRosa, says watching television has become a bit of a chore these days, since there are so many different services and shows one can access. 

"It is challenging for consumers to feel they are in control of their entertainment," said BianRosa in an interview with USA Today. "We are trying to bring the magic back to the discovery process."

Trending component

Fan TV has a trending component as well, and it gives users recommendations from industry insiders and other users about what you should be watching.

Additionally, users can update their list of shows they want to watch through their iPad or iPhone and content can be accessed on mobile devices.

The folks at Fanhattan say they want to remove the whole channel surfing thing and make it easier for users to know what's on, what can be watched in the future and which shows are trending at the moment.

But Fan TV isn't the only set-top box that's being anticipated by consumers and tech enthusiasts.

Amazon

The e-commerce giant Amazon is throwing its set-top box into the fray too, and hopes to be the first company to really change the way we watch television -- something that Apple TV and Roku haven't been able to do yet.

 Although there hasn't been an official announcement yet, it's been rumored that Amazon's set-top box will allow users to access both the Amazon Video on Demand store, as well as its instant streaming service.

Additionally, Amazon has been putting together a string of TV pilots to   release its own shows, which will probably be added to the set-top box service as well. 

Users will be able to watch current TV shows too, so it's evident that Amazon is really making some major moves to raise awareness of its existing content and the new shows it's developing for the future.

Jason Krikorian, who co-founded Sling Media, told Bloomberg that Amazon is in the perfect position to offer a set-top box, since it already has millions of users, who seem to already trust the Amazon brand.

"They have a ton of content, an existing billing relationship with millions of users, and existing Android app marketplace that could be leveraged on the box, a reputation for solid hardware products, and a terrific channel through which to promote the product," he said.

Between video streaming, using the DVR and watching television the traditional way, there are many ways for people to watch their favorite programs thes...

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Does the world need another LinkedIn?

"News Corp poised to challenge LinkedIn," reads the headline in The Times of London. News Corp owns the Times as well as the Wall Street Journal, which would reportedly be the brand slapped onto the social network.

It may be a little late to be starting a social network, although perhaps it's still early in newspaper years. Things move slowly over there, you know.

It's one of a number of initiatives being dreamed up as Rupert Murdoch's new News Corp. splits off its marginally profitable newspapers from its highly profitable entertainment, television, cable and and satellite business.

Besides the social network, word is the Journal is setting up an instant messaging service for its readers. The world already has a few of those too, of course, but the thinking apparently is that the Journal's imprimatur is such that no respectable hedge fund manager would think of using Google Chat if he could use RupertSpeak, or whatever it will be called.

Meanwhile, in other News Corp news ...

  • Robert Thomson, News Corp CEO, said there will be "relentless" cost cuts in store for the newspaper business as it prepares to separate from  Murdoch's entertainment empire (maybe News Corp should open a resume-writing business for its employees);
  • The company is getting a new logo (see above). In a 643-word memo, eager employees were told the logo is “based on the writing of Rupert and his father.”
  • No grass will grow under the new News Corp's feet, employees were assured. "We will boldly try new businesses and models, unafraid to learn, confident of overall success together," CEO Thompson said in his memo, which appeared to have been cribbed from a graduation speech.

"News Corp poised to challenge LinkedIn," reads the headline in The Times of London. News Corp owns the Times as well as the Wall Street Journal, whic...

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What to do? Check an event site

With a little less than a month until summer, many people are making plans to go to concerts, festivals and local outside events. But with so many activities going on all at once, what's the best way to find out what to do?

Today there are a bunch of apps and websites that let you know what's going on in your area, so we decided to pick out some of the best ones, like Zvents for example.

The company began in 2004 and since then Zvents has been a pretty popular site that tells you what's going on both in and out of your area. It allows you to purchase tickets to events too.

The creators of the site say 10 million people use it each month and 15,000 advertisers promote all kinds of events every month as well.

Whether you're looking to attend a ballgame in your area, some sort of community event or a local play, all you have to do is go to the events page of the site and you'll see a list of things that are up and coming. You can search for events by event type, city or by date.

The site allows you to click on different holidays throughout the year too, just to see what events are taking place on that day. And if you have an event of your own, you can put it on the site and get the word out to millions of users.

And besides clicking on the events tab, you can click on movies, venues, performers and restaurants too. 

In the restaurant section, you can make your selection by cuisine, price, city or user rating and the restaurant page automatically brings up places to eat in your area--without you having to do a search. And by clicking on a particular event, you can buy tickets on the site, but you can't purchase them on the mobile app.

A couple of years back Zvents was purchased by Stubhub, which is a part of eBay.

WikiDo

WikiDo is another good site to search for events and extremely easy to use.

All you have to do is enter your town into the search field, type in what you want to do and when you want to do it and the site gives you a list of things to do under a variety of categories.

For example, when I researched the events that were in my town, the site quickly gave me 82 different things to do today, so it really gives you a lot.

Wikido's categories cover many activities, as you can look for social events, religious events, something in the arts, sports, restaurants, fitness activities, you name it.

In addition, the creators of the site encourage users to provide feedback for the events they attend, so other people can know how good a venue, restaurant or sporting event was.

And just like on Zvents, you can add and promote activities of your own.  In fact, all of these sites allow you to add an event if you want to.

CultureMob

The site CultureMob works a bit differently, at least during the sign-up process. When registering for the site, users put checks next to their categories of choice, whether it's books, film, music, theater or food. 

CultureMob definitely caters to those who are interested in arts and entertainment more than anything else. In addition, the site gathers information about your Netflix and iTunes choices so it can recommend things for you to watch and listen to.

CultureMob uses a bunch of local writers too, who specialize in each category, so you can get first-hand opinions and reviews about the events in your area.

So between finding an array of things for you to do, giving you direct on-the-scene-reviews and having an interactive component, CultureMob is a very cool site to check out if you haven't done so already.

Eventful

Arguably the most popular of the event sites is Eventful.com

The creators of the site say it gives users millions of local events to choose from and it has the most comprehensive selection of things to do than any other event site. 

In addition, Eventful tells you about local events on its mobile app. And it can email you the activities too, so you can be alerted through a number of ways.

The site has a "Demand it" feature as well, that lets users choose where they want events to take place. 

So if a certain community wants the Dave Matthews Band to come to their town for example, they could demand it on the site. The creators of Eventful say musicians, comedians and entertainers go to the site to see where people want them to come.

Look, summer time offers a lot of things to do, and sometimes it can be a challenge to figure out where to start looking. 

Sure you can go to one site for movies, another site for restaurants and so on, but you may find it easier to go to a single website, so you can learn about all of the best activities in one shot.

Additionally, these sites and a few others like it are good for those who move to a new town, as they can help you find out what's going on, so you're not just wandering around town aimlessly.

With a little less than a month until summer, many people are making plans to go to concerts, festivals and local outside events.  But with so many ...

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Kids' media consumption not tied to criminal behavior, study finds

Politicians and activists of various stripes frequently claim that watching violent movies and TV shows contributes to criminal behavior in adulthood, but a study by a Texas professor finds it's not so.

“We basically find that genetics and some social issues combine to predict later adult arrests,” said Texas A&M International University chair and associate professor of psychology Dr. Christopher J. Ferguson. “Despite ongoing concerns about media influences, media exposure does not seem to function as a risk factor for adult criminality.”

Being raised in a loving and supportive environment may be the best way to decrease the odds that children will grow up to be crooks. Or as Ferguson's report put it: "Results demonstrate that exposure to maternal affection can have the potential to decrease criminal behaviors in those who might otherwise be at risk."

In the study, genetics accounted for more variance in criminal behavior among women, 58 percent, than men, 20 percent, although for both sexes, the genetic contribution was significant.

“Genetics was overall one of the strongest predictors of adult criminality among variables we considered in our analysis,” Ferguson said.

No one cause

Other factors such as family environment, peers and socioeconomic status can also be predictors of adult criminality. He explained that no one thing by itself determines negative outcomes, but rather a confluence of unfortunate factors.

“Genetics alone don’t seem to trigger criminal behavior, but in combination with harsh upbringing, you can see negative outcomes. In our sample, experiencing maternal warmth seemed to reduce the impact of genetics on adult criminality,” Ferguson said.

He added that this research can help focus on issues which really matter, such as family environment, and those that don’t — like media consumption.

“People may object morally to some of the content that exists in the media, but the question is whether the media can predict criminal behavior. The answer seems to be no,” Ferguson said.

The study used data from the National Longitudinal Study of Adolescent Health, which included a representative sample of U.S. adolescents.

Politicians and activists of various stripes frequently claim that watching violent movies and TV shows contributes to criminal behavior in adulthood, but ...

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"Dr. Phil" producer sues Gawker Media

One of the producers of the “Dr. Phil” TV show has filed a copyright infringement lawsuit against online media company Gawker Media, basically claiming Gawker's Deadspin blog acted as a spoiler.

Peteski Productions claims that Gawker’s sports blog Deadspin infringed Peteski’s copyright by airing parts of Dr. Phil’s interview with Ronaiah Tuiasosopo, the man at the center of the scandal that humiliated Notre Dame linebacker Manti Te'o earlier this year.

Peteski, based in Texas, filed the suit in the U.S. District Court for the Eastern District of Texas. The complaint, filed on Tuesday, says that Deadspin hatched “a pre-meditated plan to steal Peteski’s copyrighted material.”

Because Deadspin aired parts of the interview ahead of schedule, the suit alleges, the show attracted fewer viewers than it otherwise would have.

Interview came after Te’o “hoax”

The interview was explosive in and of itself. Tuiasosopo was the man who pretended to be Lennay Kekua, Te’o’s “girlfriend.” Kekua, who had supposedly died in September 2012, was often cited as a tragic part of Te’o’s personal background, and one that motivated him to throw all his effort into playing football.

Ironically, it was Deadspin that broke the news that Kekua didn’t actually exist, and was instead an elaborate “hoax” perpetuated by Tuiasosopo. The article, published on January 16, 2013, was entitled “Manti Te’o’s Dead Girlfriend, The Most Heartbreaking And Inspirational Story Of The College Football Season, Is A Hoax.”

After Deadspin discovered that Kekua never existed, Te’o said that he had “developed an emotional relationship with a woman I met online.”

Gave away the ending

The interview with Tuiasosopo was aired in two sections -- one on January 31, 2013, and the next on February 1. The January 31 show ended with a suggestion that Tuiasosopo might, on the following show, use the same voice that he used when he pretended to be Kekua. The cliffhanger was ruined, the suit alleges, by the fact that Deadspin had already posted the footage on its site.

“Although the second show was expected to exceed the ratings number of the first show, in fact, the ratings declined substantially because the result of the 'cliffhanger' was no longer in doubt. It had been misappropriated by Deadspin,” the complaint alleges.

“Gawker deliberately set out to get 'the jump' on the rest of the country and 'scoop' Dr. Phil with his own content. They did not earn that right, they stole it.”

Peteski is seeking an injunction preventing Gawker from using additional copyrighted material from the “Dr. Phil” show, as well as damages.

One of the producers of the “Dr. Phil” TV show has filed a copyright infringement lawsuit against online media company Gawker Media, basically ...

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YouTube wins again in long-running Viacom suit

Google has prevailed -- again -- in a closely-watched lawsuit brought by media giant Viacom. In a ruling that could have major reverberations throughout intellectual property law, a federal judge in New York granted summary judgment to YouTube, rejecting Viacom’s argument that the video site should be held liable for its users posting Viacom-owned material on the platform.

Judge Louis Stanton, of the U.S. District Court for the Southern District of Manhattan, held that the Digital Millennium Copyright Act’s “safe harbor provisions” dictate that, because there is no proof that YouTube had knowledge of copyright infringement, it cannot be held liable.

The case began back in March 2007, when Viacom filed suit, claiming that YouTube’s then-recent appearance on the media scene came partly from Viacom-owned content being posted on the site. Viacom pointed out that episodes and clips of copyrighted shows like South Park and Comedy Central’s The Daily Show were regularly posted to YouTube.

Google acquired YouTube for $1.65 billion in 2006.

First summary judgment in 2010

In 2010, Judge Stanton ruled in YouTube’s favor, granting a summary judgment motion. Viacom appealed, and the Second Circuit Court of Appeals sent the case back to Stanton, holding that “a reasonable jury could find that YouTube had actual knowledge or awareness of specific [copyright] infringing activity on its website,” making summary judgment inappropriate.

In holding again for YouTube, Stanton said that given the volume of clips uploaded to YouTube on a daily basis, the Safe Harbor Provision of the DMCA did indeed protect the site.

Viacom argued that YouTube “apparently are unable to say which [video clips] they knew about and which they did not,” and that “[i]t follows, given the applicable burden of proof, that they cannot claim the ... safe harbor [provision]-especially in light of the voluminous evidence showing that [YouTube] had considerable knowledge of the clips on their website, including Viacom-owned material.”

In a 24-page ruling, Stanton called Viacom’s argument “ingenious, but ... anachronistic.” The judge said that the entire purpose of the safe harbor provision is to protect high-traffic service providers like YouTube -- which has “more than 1 billion daily video views, [and] more than 24 hours of new video uploaded to the site every minute” -- and to “place[] the burden of notifying such service providers of infringements upon the copyright owner or his agent.”

“Great victory for YouTube”

“The ruling is a great victory for YouTube,” said Eric Goldman, who directs the High Tech Law Institute at Santa Clara University School of Law, in an interview with TIME Magazine. “The judge emphatically rejected all of Viacom’s arguments, as well as its spin on the facts. Given that Viacom has made no real progress in this case after 6 years of litigating, the judge’s ruling reinforces how the entire lawsuit has been a waste of time and resources for everyone concerned.”

Viacom has vowed to press on, saying in a statement that “[t]his ruling ignores the opinions of the higher courts and completely disregards the rights of creative artists.”

“We continue to believe that a jury should weigh the facts of this case and the overwhelming evidence that YouTube willfully infringed on our rights, and we intend to appeal the decision,” Viacom’s statement continued.

YouTube founder Chad Hurley was considerably more upbeat. In a Twitter posting, apparently referencing Viacom CEO Philippe Dauman, Hurley said, "Hey Philippe, wanna grab a beer to celebrate?! YouTube Again Beats Viacom's Massive Copyright Infringement Lawsuit."

YouTube Wins Summary Judgment in Viacom Suit Judge in intellectual property case calls Viacom’s position “anachronistic” ...

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Notice all the great web series? Why not watch them on just one site?

Remember the first time you discovered YouTube and toyed around with it?

If you’re like many people, then you probably used the search tool to view everything from the music video you missed -- the one that everyone was talking about -- to that old and rarely shown episode of “All in the Family.” 

You know, the one where Sammy Davis Jr. guest stared, sat in Archie’s beloved chair and kissed him on the cheek just to torture him.

And by the time Hulu rolled around, consumers were pretty much spoiled to the fact that they could view almost anything they wanted at any time, so there was probably no surprise that sites like Hulu and SideReel had thousands of shows people could access and discuss them with other users if they wanted to.

Of course being able to watch shows on mobile devices expanded the online television thing even more and once everybody started socializing through Facebook and Twitter, watching shows would never be the same, to the point where more producers were creating shows solely for the Internet. 

Many of these shows caught on and became popular and many of them fell to the digital wayside.

Not enough promotion

One of the main reasons that many online shows never made it past the first few episodes is that show creators didn't have enough confidence to spend the necessary dollars to market and promote.

Many show creators made their episodes, threw them on YouTube and hoped people would find out about them through tweeting and Facebooking, which sometimes worked, but most times didn't. 

But still, there were a few web series that really caught on like Jerry Seinfeld’s “Comedians in Cars Getting Coffee” and the hilarious “The Misadventures of Awkward Black Girl,” that many people wish they could  go to one site and access, instead of trying to find the best place to watch it.

Somehow the folks at BoomTrain.com sensed this and created a site that only shows web-based series, so people don’t have to go scouring the Internet for their favorite shows.

Search for what you want

You can search for the show you want to watch on the site or the company will recommend shows for you based on your Facebook and Twitter activity as well.

Another way the folks at Boomtrain make recommendations for you is by creating a database of high-quality web content that meets a certain standard within the company.

Here’s what co-founder Nick Edwards told the site Silicon Valley 411 about Boomtrain’s desire to create a database of high quality and creative web content by hand:

“We have three or four people doing this part-time, we probably could use a lot more people,” he said. “We believe curation is vital in this space. Everything in our guide, we have gone through and vetted and approved before we brought it into the platform. We’re trying to ensure that every show has achieved the quality bar that we set for Boomtrain. So it’s curation combined with algorithmic recommendations.”

Along with being able to see what your friends are watching on Boomtrain, you can check out the site’s “boom” blog to learn what the best new shows are.

Edwards, who attended Harvard Business School and used to be a consultant for Microsoft, says up until he and his partner created the site, people weren’t sure where to go to view the buzzed-about web shows, since it was hard to tell which sites had full episodes instead of clips.

Massive influx

“Our approach is that there’s a massive influx of new, really good made-for-web content being created and it’s going over the Internet over connected devices through services such as Netflix and Hulu,” he said.

“The problem is that it’s very fragmented, it’s coming from everywhere, literally hundreds of sites are building entire businesses out of this episodic content.”

“This is understandable because when a producer broadcasts video over their own sites, they are able to make an order of magnitude more money versus sites like YouTube. But at the same time, there’s not yet any place dedicated to watching episodic content, as opposed to one-off videos. That may seem like a small distinction, but it’s actually pretty massive.”

In addition to the search feature and the show recommendations, users can select shows by genre like fashion and beauty shows, educational shows, dramas, sports or animation.

And the more the company discovers what your viewing preferences are, the more specific it’ll make recommendations for you.

“For example, if you decide you want to watch an online news show in a talk format, we can give you a list that shows you the top seven or eight shows that are online now, and give you the option to go deeper to see what else is out there. Once we get a critical mass of lists, we will have a mechanism for exploring list that is even richer,” Edwards said.

Boomtrain is still fairly new and so far, the few reviews the site has received are all favorable, which is a good indication.

Remember the first time you discovered YouTube and toyed around with it?If you’re like many people, then you probably used the search tool to view...

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Comcast starts encrypting basic cable

There's an entire generation of consumers to whom the phrase "free TV" doesn't have much meaning. But believe it or not, it's still possible to watch over-the-air TV channels -- assuming you don't live 800 miles from anywhere -- just by hanging an antenna out the window.

Of course, most of us don't do that. The local over-the-air stations are just mixed in with all the entertainment, news and general drivel from cable channels like HBO, Discovery and TLC. 

These days, anybody who watches TV straight off the air is in danger of being lumped in with survivalists and other far-out types whose dream is to live off the grid. A notch above that are the hold-outs who have nothing but basic cable -- no DVR, not even a set-top box. They just watch the local channels and maybe a few freebies like the Weather Channel and CNN. 

But not for much longer, at least for Comcast customers. The company last year got permission from the Federal Communications Commission (FCC) to begin encrypting local channels -- turning them from analog into digital signals.

Set-top box

This means that basic cable subscribers will need to get a set-top box to keep watching those channels, just as some consumers had to get a digital converter a year or two ago when over-the-air signals went digital. Customers who use certain types of DVRs not provided by Comcast may also need to get a converter.

This is not going over well with some of Comcast's customers.

"I cannot believe that Comcast is forcing us to purchase HD Converter Boxes for $9.99 per month per box in order to continue receiving HD quality TV on our brand new TVs," said Debbie of Manchester, NH. "I do not have the room to place a big box on my kitchen counter, nor do I want to pay an additional $20 per month in order that I may even watch TV on my two new TVs! This is outrageous!"

Consumers rate Comcast Cable Service

Comcast and other cable providers have been lusting to do this for quite some time, ostensibly to cut down on cable theft. Currently, anyone who can find a live cable feed can splice into it and start watching News at 5 for free. It's illegal but so is speeding.

Of course, it goes without saying that over time this will turn into another revenue stream for cable. While set-top boxes may be provided free initially, you can bet there'll be a charge for them in the future. Adding the digital box is also the fox's first step into the henhouse; once the box is there, the cable company has a lot more control over what consumers can -- and can't -- see. 

The roll-out is just getting started and the company hasn't said exactly when each of its markets will be affected. It does say that customers who don't currently have set-top boxes will be eligible to get two adapters at no charge for two years -- five years if they receive Medicaid.  

Customers who get premium channels on one set but just basic on another set will be eligible for one device at no charge for one year. 

Boxee Cloud

Also affected by the switch will be customers who use some versions of Boxee, which the company calls a "cloud-based DVR."   Comcast said it will provide an "Eternet DTA" box that will work with the Boxee Cloud DVR but not the original Boxee Box. Don't ask us what the difference is; everytime we write about Boxee, the company's mouthpieces take issue with our description. 

We suspect this is what has Lisa of Tamarac, Fla., upset.

"Comcast does not allow us to use the DVR we purchased a couple of years ago because of a new little box they said we had to have in order to continue service with them," she said in a recent ConsumerAffairs posting. "The DVR cost around $300 and is not compatible with this little box. They offered no solution and now I can't record shows that I might miss and want to watch later. I would have never purchased a $300 DVR if I knew this was going to happen."

"We are beginning to proactively notify customers in select markets that we will begin to encrypt limited basic channels as now permitted by last year's FCC B1 Encryption Order," Comcast said,in a statement. "While the vast majority of our customers won't be impacted because they already have digital equipment connected to their TVs, we understand this will be a change for a small number of customers and will be making it as convenient as possible for them to get the digital equipment they may need to continue watching limited basic channels."

Other cable companies haven't announced their plans yet.

There's an entire generation of consumers to whom the phrase "free TV" doesn't have much meaning. But believe it or not, it's still possible to watch over-...

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American Idol's Simon Cowell launches a global talent contest via YouTube

You know how the contestants on "American Idol" and the "X Factor" go, like, nuts when they come face to face with Simon Cowell?

Well, it's an experience a lot more wannabe performers will be having now that Cowell's Syco Entertainment is launching "The You Generation," a global audition channel on YouTube.

Officially launching tomorrow (Wednesday), the new show will be available in 26 countries and will run a competition over 52 weeks with 26 two-week rounds.

Submit an audition? It happens via Skype -- no more standing in long lines, sweating in the sun and being nudged and crowded by fellow hopefuls. 

Cowell and Co. are, of course, hoping the excitement is a strong as ever, as shown in this video:

Besides singing, there are numerous categories including makeup and style to cooking. The winner of each round will be announced on the second Friday of each two-week cycle. Winners will get a cash price and will be finalists for the grand prize at the end of the year-long contest.

The series host will be Will Best, with Cowell chiming in as necessary or as the spirit moves him.

Simon Cowell Launches Global Talent Contest Via YouTubeSimon Cowell’s Syco Entertainment and YouTube today unveiled details about the March 20 launch...

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CNN, Fox, MSNBC scrap news for commentary, study finds

Remember news? There used to be reporters who went out and covered important public events, asked annoying questions, tried to pry information out of tight-lipped politicians and soothsayers.

Reporters tried hard to be fair, nonpartisan and accurate. Oh, they had opinions, all right -- they basically despised everyone they covered -- but tried to keep them to themselves.

Times have changed. There aren't many reporters anymore but there certainly are a lot of "Journalists" and commentators and analysts and prognosticators. Most of them are corraled in cable TV newsrooms, where they spend their days pontificating, expressing their opinions about one thing and another.

This is not really journalism but it's inexpensive to produce and not too filling, sort of like fast food. 

Not much news on news channels

Nowhere is this more true than at the three cable "news" channels -- CNN, Fox and MSNBC. A new study from the Pew Research Center finds that the three channels have become "strikingly similar" over the last five years. In particular, the study found that all three of the channels are increasingly relying on interviews and bloviating rather then actual reporting. 

"CNN, which has branded itself around reporting resources and reach, cut back between 2007 and 2012 on two areas tied to that brand -- in-depth story packages and live event coverage," Pew said. "Even so, CNN is the only one of the three big cable news channels to produce more straight reporting than commentary over all. At the other end of that spectrum lies MSNBC, where opinion fills a full 85% of the channel’s airtime."

What? MSNBC is more opinionated than Fox? Yep. Pew said its analysis found that "by far the highest percentage of opinion and commentary is on MSNBC (85% to 15% reporting)." CNN was the only channel to offer more reporting (54%) than opinion (46%). Fox was in between at 55% commentary and 45% reporting.

It's fortunate, perhaps, that Pew didn't do a story count. In its heyday, CNN jammed hundreds of stories into each day's coverage. It now selects what might be called a daily "playlist" of a few stories that it grinds into dust by day's end.

Traffic and weather

Elsewhere, Pew found local television placing more emphasis on traffic, weather and sports, all inexpensive to cover. But the Pew researchers expressed concern that with digital sources covering these same topics on demand, local stations may soon be talking to themselves. Do you, after all, really need traffic information when you're plopped down at home in front of the TV?

Pew took comfort, however, from the network evening news shows, which it termed a "rock of stability." Most industry analysts would consider them basically  relics that the networks keep around as brand enhancers, but why quibble?

"Despite the steady erosion of the early evening audience and continuing doomsday predictions about the future, the structure and format of the network newscasts have changed remarkably little since 2007, far less than on cable or local television news," Pew said.

Remember news? There used to be reporters who went out and covered important public events, asked annoying questions, tried to pry information out of tight...

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Catapult Distribution: An ideal site for the independent musician

Okay, so you’re a musician and you’ve got tons of songs that you want others to hear, but you’re undecided on what route you should go in order to reach the most listeners and make a little money for yourself.

Of course you can throw your songs on Facebook or Twitter, but everyone does that and quite honestly those kinds of sites are more known for communicating between friends and followers rather than a being a place on the Internet that hardcore music fans flock to.

Also, most social networking sites don’t have a money-making component (except for themselves), so when songs are posted, the best an artist can hope for is that it's retweeted or posted again by a follower, while also hoping that your material will get to that one person who’s either in the music industry that can further your musical mission or someone not in the industry who is willing to invest in you and your project.

Either way, simply posting songs on the Facebooks and Twitters of the world doesn’t really allow you or your material to be singled out, as it's almost a certainty that your songs will be swept up with the millions of other people who are posting songs. Besides, posting material for your friends to hear, who probably already know that you do music, won’t get you or your songs very far.

Don’t get me wrong, posting your songs on these sites is a good start, but that’s all it is, a start. If you really want to get your material to the serious music listeners and connect with folks who like and appreciate your particular brand of music, you need to gete into Rhapsody, Spotify, Google Play, Zune, MOG, Amazon mp3 and of course iTunes, since these sites are solely for music and most times will allow you to make a couple of bucks from your songs.

So why not just send your material to places like Spotify and iTunes on your own, since they all seem eager to host music and work with artists who either may or may not be signed to a major label?

Well, the answer is quite simple. Although digital music stores have helped artists bypass the record label process by giving them an alternative outlet, many of the bigger stores like iTunes still won’t take just anyone, and they tend to follow the pattern of record labels, in that you either have to have a buzz or an inside connection to get on these sites.

Time for a middleman

Some unknown artists are able to get past the digital gatekeepers, but more times than not, if you’re just starting out and you think it’s going to be an easy time getting your songs on the bigger mp3 sites, there’s a good chance you’ll be very disappointed.

That’s where Catapultdistribution.com comes in, as it plays the digital middleman by allowing you to submit singles or entire albums to the company and they’ll reach out to all of the major mp3 stores on your behalf and find digital homes for your material.

Here’s how it works: Artists simply go to the website and for $25 they can upload an entire album or upload a song or ringtone for $9.

You’ll also be asked to enter needed information like song titles, guest features, and the song’s minute count. You also have to upload artwork for your project and pretty much shape what you want your album to look like once it’s sold in mp3 stores. And once the material is uploaded there are no other fees to pay.

From there, Catapult sends your songs to just about every major digital music store on the Internet and the company says that nine times out of ten, the company is successful at placing your songs in about three to six weeks’ time.

And once your songs are housed and people start purchasing them, Catapult takes 9% of the proceeds. 

Catapult also sends you all kinds of monthly reports like which of your songs sold the most and in which country each song was purchased.  The monthly reports are free with your $9 or $25 upload, but the company also offers daily reports for an extra fee of about $10 a month.

In order to use Catapult and get your songs distributed, you’ll need a barcode for your album or song, as the digital stores won’t accept your music without one, so if you haven’t set up a barcode for yourself as of yet, Catapult can set one up for you for a onetime fee of $20.

Original material preferred

Catapult is mostly for artists who have original material, but the company will also allow you to post covers of songs. However you have to get permission from the original artists and get the material licensed.

So if you want to get your songs out to the buying public and you don’t want to simply add them to the infinite pool of material that’s already on all of the social sites, than using a company like Catapult makes perfect sense, especially since you can create a link on your social site that brings your followers directly to the mp3 stores.

Because if you want to be a successful independent artist, you’ll have to use social media, mp3 stores, and any other outlet you can to get your songs heard and your music out there.

Okay, so you’re a musician and you’ve got tons of songs that you want others to hear, but you’re undecided on what route you should ...

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Speed morphing into Fox Sports 1

For months, Fox has been rumored to be planning a sports cable network, and it turns out that baseball fans' gain will be car-racing fans' loss.

Fox will be rebranding its Speed channel to Fox Sports 1, an all-purpose sports network, presumably along the lines of ESPN.

While Speed might be considered a niche channel, it's a pretty big niche and it puts Fox in the pole position to launch a more broadly focused channel, since Speed already reaches an estimated 80 million homes -- a huge chunk of the cable universe.

But while the new channel. launching in August, hopes to carry Nascar races, Major League Baseball, college basketball and football and so on, it will have to wrest the rights away from ESPN in many cases.

ESPN is a media Goliath with eight domestic cable channels and an estimated $6 billion in revenue. Of course, Fox is no slouch either and its impresario, Rupert Murdoch, loves nothing better than a good fight, race, bout, match or contest, so it should be an exciting time for sports fans.

Now all we need is for someone to build an affordable multi-screen TV so we can watch all this stuff.

For months, Fox has been rumored to be planning a sports cable network, and it turns out that baseball fans' gain will be car-racing fans' loss....

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Why are some news outlets covering such foolishness?

Beyonce lip-syncing at the presidential inauguration. Marco Rubio getting thirsty during his speech and taking a sip of water. President Obama playing golf with Tiger Woods.

You call these scandals?

Stories like these have made news headlines in the last month or so in many newspapers, news shows and local news outlets, and it’s not like they  were mentioned after the important reports of the day. In many cases they were the top stories and happened to be among the first things discussed on channels like CNN, MSNBC and other popular news outlets.

We're not even talking about cruise passengers having to poop in bags, which is actually not exactly earth-shaking, either, considering that indoor plumbing is a relatively recent development for most of humanity.

OK, so what's really news? Well, how about this: last summer, Barclays Bank paid $450 million to settle a claim that it tried to manipulate interest rates to pad its own pockets, which in turn affected how much consumers were paying on their loans.

Simply ignored

Most of the major news outlets in the United States either chose to cover this huge story very briefly or simply ignored it altogether, which seems to be a continued pattern of hard news outlets going with either the softest news possible or choosing stories that are completely frivolous and do nothing to help the viewer.

In research conducted by Media Matters in 2012, it found that within 15 days of the Barclays story becoming public, CNN, NBC, Fox News, CBS, MSNBC and ABC covered the story for 12 minutes combined. Combined. 

Media Matters also pointed out that from June 27, 2012 to July 12, 2012, when the Barclays story was in full swing, the evening news on each of these oulets spent a whopping 91 minutes on stories about Tom Cruise’s divorce from Katie Holmes, and these same stations also spent an additional 65 minutes on animal attacks around the U.S., namely shark attacks and a zoo mishap where a chimpanzee attacked an American student at an African animal reserve.

On January 22, 2013, when the Beyonce lip-syncing "scandal" hit the airwaves — and yes, some actually called it a scandal -- it was the main story in many major news outlets and in some cases newscasters talked more about her lip-syncing than the inauguration itself.

Poland Spring

And instead of newscasters discussing the ins and outs of Marco Rubio’s  response to President Obama’s State of the Union address, most news shows went on at great length about the guy taking a nip of his Poland Spring water bottle. Drinking water is newsworthy now?

In fact, when you do an Internet search on Rubio’s State of the Union speech, there seem to be just as many references to “Bottlegate,” as it’s ridiculously called, as there are about the actual speech.

The media’s insistence on covering these trivial incidents has caused many viewers to develop an unhealthy dose of skepticism about the more serious stories being reported.

According to the Pew Research Center for the People & the Press, the public’s opinion of major news outlets has continued to drop over the years, as the overall positive believability rating with the major news outlets is currently at 56 percent, which dropped from 62 percent in 2010, which also fell from 71 percent in 2002.

In a 2010, a survey by the company Rasmussen showed that 87 percent of Americans believe the media pays far too much attention to celebrity stories, but it also showed that 84 percent of those same people surveyed believed American consumers would rather turn to celebrity news than more important stories.

In fact, if you read some of the celebrity-driven stories on the Internet and see the comments readers post, you’ll see that, indeed, there seems to be a heavier interest in lighter stories compared to serious ones, which may cause a person to ask if consumers would rather read about Beyonce or Tom Cruise rather than what happened with John Brennan during his Senate confirmation early this month.

Attractive suspects

And it’s not just celebrities that are taking over the airways these days, as everyday there seems to be a new story about a murder trial involving a physically attractive suspect like Jodi Arias or an extensive report about a dumb Internet dance craze becoming popular.

Do you remember the story about the guy who said his son flew off in a balloon a few years ago?

It seems like since then, there has been an increase in stories with snazzy headlines that serve as a quick fix for people, but do little to inform viewers about the events that impact their everyday lives.

And it’s doubtful that things will turn around anytime soon, as program directors and show producers continue to be on the chopping block if they don’t pull in strong ratings, so they might say to themselves, "Why not go with a Marco Rubio water story as long as it entertains?

I mean, getting good ratings only comes at the expense of the American public, right? But it's the American public that "votes" for this stuff by turning aside from more serious publications and broadcasts. 

On the other hand, journalism is supposed to be a profession, not a business. Journalists have an obligation to cover serious news of major public import. If their bosses would rather cover flying squirrels, maybe serious journalists have an obligation to go work somewhere else.

You think?

R&B singer Beyonce lip-synching at the presidential inauguration. Mark Rubio getting thirsty during his speech and taking a sip of water. Presiden...

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LG's $10,000 TV goes on sale Monday

Would you pay $10,000 for a TV? It's probably not a good investment but the new LG 55-inch OLED TV is gong on sale in South Korea Monday and the company says it has pre-orders for more than 100 of the next-generation displays.

What's so great about it?

Well, primarily, along with the other bells and whistles -- built-in WiFi, "smart" technology and so forth -- the OLED uses an organic light-emitting diode display, which is where the OLED name comes from.

OLED is a new way of displaying an image on a screen and is considered the technology that's most likely to replace liquid-crystal display (LCD) TVs, which is what most of us have scattered around the house.

It's thought that Samsung has a similar model just about ready to go but hasn't said when it will start full-scale production, so LG is taking the opportunity to get out ahead of its primary competitor.

And what's so different about OLED? Its main advantage is a thinner screen and, we're told, a sharper, brighter image.

Or as LG puts it on its website: "OLED uses an organic substance that glows when an electric current is introduced. This revolutionary material is part of new design approach that drastically reduces the thickness and weight of the TV. The light passes through a combination of filters to reproduce spectacular high-definition images."

It's sort of like those phosphorescent fish you may have seen the last time you were in a diving bell at the bottom of the sea. Maybe.

Consumers rate LG TV

OLED displays work without a backlight, which improves the contrast ratio -- blacker blacks in other words. An OLED display should also have a faster response time and a wider viewing area.

Longevity and energy consumption are question marks, however.  Manufacturers will no doubt claim hurdes in these areas have been overcome, but cautious consumers may want to wait a cycle or two before emptying out their checking accounts to cart one of these new playthings home.

Would you pay $10,000 for a TV? It's probably not a good investment but the new LG 55-inch OLED TV is gong on sale in South Korea Monday and the company sa...

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How to stay safe in a night club

Since over 235 people were tragically killed inside a night club in Southern Brazil last month, some believe there’s a need to not only reevaluate how safe night clubs are today, but also take a closer look at our own responsibilities to stay safe while clubbing.

To get some firsthand tips on how to do this, we contacted Tom Hayden, the supervisor of health and safety inspections at George Washington University in Washington D.C., who recently advised the school’s students on club safety.

He says one of the first things people should do upon entering a club is take note of the exits -- how many there are and where they’re exactly located.

“Look at your ways out and identify more than one,”   Hayden said in an interview with ConsumerAffairs. “Are they marked and visible? Do they appear accessible, meaning that they are not locked with chains or barred shut?"

Hayden also says you should ask yourself other important questions when walking into a venue, which means the onus is really on you, the club-goer, to make sure you identify any hazards. Just assuming the club owners have already taken the correct safety measures is risky.

“How big is the crowd?” Hayden says you should ask yourself.

“Are you able to move freely from point to point or do you have to push your way through people to get from one part of the building to another?  Does the club have fire safety protection like sprinklers and visible strobe fire alarms? These should be easy to spot by looking at the ceiling or higher up on the walls,” he says.

Out for fun

But even with the recent club fires in past years, it’s safe to say that being vigilante in the area of safety isn’t at the forefront of the average club-goer's mind, since most people are just looking to get the most bang for their consumer buck when it comes to having fun and enjoying themselves, but that has to change, many experts say.

Hayden also said that consumers should take extra notice of clubs that are either above or below ground level, since these types of venues require stairs to enter and exit, and staircases always create the potential hazard of becoming jammed with people trying to escape an emergency.  

“People tend to go out the way that they came in,” he says. "This is especially true in an emergency or when you are not familiar with the lay out of the building.

"Stairways up or down can quickly become chocked with people trying to get out in an emergency and quickly become impassable. A fire on a different level may not be noticed right away and heat and smoke can travel in the stairway if it’s not properly protected by fire doors.”

“Another issue is whether or not the stairways are wide enough to accommodate the number of people trying to use them," adds Hayden. 

"Most modern licensed clubs here in the United States will have had all these factors evaluated during the inspection process to determine what the occupancy level (the number of people permitted) should be. However, that may not be the case in some older building or if you are traveling overseas,” he says.

As many recall, 100 people were killed inside a nightclub called "The Station" in 2003, after the tour manager for the rock band Great White lit the foam on the stage that's used for sound insulation. It only took five  minutes for the entire venue to be totally engulfed, reports show.

In 2000, 309 people lost their lives in Luoyang, China after a fire broke out inside a club, and in 1990, 87 people died in a Bronx, NY., club fire that was actually set intentionally, which shows club fires can start in a number of ways, so one has to be prepared.

Act fast

Hayden says if you do find yourself in this type of situation, you shouldn’t try to assess things, you should escape instantly.

“Get out immediately,” he emphasized. “I can’t overstress this enough. It may sound callous, but don’t try to find your friends while you are still inside. Head to the nearest exit and keep in mind that it may not be the same one you entered through.”

“If you look at several of the recent events including Brazil and Rhode Island, delays by the occupants in leaving may have cost some their lives. They may not have been aware of the seriousness of the event or may have originally thought that it was part of the performance. Unfortunately, by the time they were able to react it was too late.”

Also, club-goers should never be hesitant to bring up a safety hazard if they happen to notice something looks off, says Hayden.

“Ask to speak with the manager,” he says.

“Most reputable establishments are vested in your safety and want you to feel comfortable at the location. If you’re not satisfied with the managers response but unsure if the issue is really a hazard, position yourself close to an exit that you can get to if anything does happen.”

Also, “Check the ceiling for a sprinkler system. Some code requirements are loosened if the building is equipped with a sprinkler system because fire officials recognize their effectiveness in keeping people safe and saving lives.

“You can always report your concerns to the local fire marshal’s office. They have staff specially trained to look at all of these factors and determine if a club is safe. They also have the authority to shut down clubs that are unsafe until the problems are corrected,” he explains.

And what's the golden rule when it comes to keeping safe in a club? There are two, says Hayden.

“Trust your instincts. If something doesn’t feel right it probably isn’t,” and also, “Be aware."

Take a minute when you arrive and look around. Identify the ways out and evaluate the overall situation.

Since over 235 people were tragically killed inside of a night club in Southern Brazil last month, some believe there’s a huge need to not only reeva...

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Netflix now in one-quarter of U.S. homes, study finds

Just a few years ago, back when over-the-air TV and cable were kings, it was necessary to explain what streaming video was before you could talk about it.

Those days are long gone, as a new survey from Frank N. Magid Associates makes clear. The research and consulting firm says Netflix is now used in one-fourth of U.S. homes, up from 20% just a year ago. 

Amazon Instant Video's audience jumped to 8% of U.S. homes, up from 5%, the survey found, and Hulu rose to 5% from 4%.

Overall, more than half of U.S. homes (55%) now stream TV episodes and movies, up from 49% in 2011, the survey of 1,500 U.S. homes in November 2012 found.

"Netflix certainly is the de facto brand for long-form streaming," says Maryann Baldwin, vice president of Magid Media Futures.

But nothing stands still and, while Netflix may be in the lead today, its two closest competitors are coming up fast.  

"As more people discover Hulu Plus and Amazon Prime, their expectations for quality content are going to change because they tend to have the more recent content," Baldwin says. "The competition is making inroads."

Net TV

"Smart TVs" are also making inroads. Homes with Net-connected TVs rose to 35% of all U.S. households in 2012, up from 30% in 2011, the Magid survey found. That trend is accelerating and should hit 42% of all U.S. homes by the end of 2013, Magid projects.

Net-connected TVs, like the Samsung Smart TV models, make it possible to  stream Internet video without having to use add-on devices like Roku boxes or Net-connected DVD players.

As more homes replace their existing TVs with Net-connected models, the penetration of Netflix, Amazon Prime and Hulu is expected to increase markedly.

"It's interesting how quickly (Netflix has) evolved into similar challenges as the Comcasts and DirecTVs of the world," Baldwin says. "The content costs caught up to them pretty quickly. Content is still king."

Just a few years ago, back when over-the-air TV and cable were kings, it was necessary to explain what streaming video was before you could talk about it....

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The best apps for this year's Super Bowl

So now that it’s decided which two teams will go head to head in this year’s Super Bowl, many people are starting to organize their parties, get their meal ideas together and lock down their overall plans for the biggest television event of the year.

And besides making sure good food and company will be available, most people will also make sure their large-screen TVs and surround-sound speakers are working at full function, because the person who normally hosts a Super Bowl party is usually the one who has the biggest television with the best sound system.

But in 2013, flat-screen televisions aren’t the only devices that will be used this Super Bowl Sunday, as some people will also use their smartphones, either to watch the game, keep track of the statistics or help them follow the game if they're unable to watch it.

And since several companies have released apps that do all of these things, more and more people will have their electronic devices in hand or on their lap for all four quarters of this year’s Super Bowl.

The NFL Pro 2013 app for Androids doesn’t help you keep track of the game, it actually provides a diversion if you choose not to watch it fully, as each user can download the application to their smartphone and play a simulated game with any NFL team, including the San Francisco 49ers and the Baltimore Ravens if you want to create your own Super bowl outcome.

Extra diversion

The app is ideal for those who can’t simply watch the game and feel they have to be doing something while it’s going on, so if some of the guests at your party aren’t huge football fans and won’t watch every single down, the NFL Pro 2013 app may be just for them.

Another app that can serve as an added activity during your Super bowl party is the American Football NFL Trivia Quiz, that has 250 multiple choice questions for those guests that are hardcore football fans and claim to know all there is about the sport.

Users can play individually or against each other, and the app has several game modes like, “Guess the Questions”, “Quiz Master”, “Race Against Time” and “Battleships.”

The app also comes with some pretty cool graphics and sound effects, and through a Blue Tooth connection, two players can play at once, which will hopefully calm some of those competitive juices, which seem to be at an all-time high during each year of the Super bowl.

The questions that are included in the game are made up of past Super bowl trivia, team history questions, player statistics and other aspects of the game that may or may not be difficult for the football fan. And with 250 questions that cover all areas of the sport, the app should be able to be enjoyed by both the football fanatic and casual fan alike.

ESPN Radio

And if for some reason you aren’t able to get in front of a TV for the big game, because maybe you’re traveling, you may want to check out the ESPN radio app that can be downloaded for free in the iTunes store.

On the app, users can access ESPN radio, podcasts and live play by play commentary.

You can also create your own playlist of your favorite ESPN shows and access all of them directly on your device, as the app will still remain useful for football fans after the Super bowl is done and the victor is decided.

The app also gives you access to 35 ESPN radio stations from around the U.S., and allows you to manipulate the live commentary by having the ability to rewind and pause the game up to an hour of the audio being broadcasted.

Also for this year’s Super Bowl, Verizon just released what it calls the Super Bowl XLVI Guide app, that’s designed for those folks who were actually fortunate enough to secure a ticket to the big game this year.

The app will mainly let the people know who are visiting New Orleans for the Super bowl where the best restaurants are, where to find the coolest gatherings and the best places to go for Super Bowl weekend.

The app also comes equipped with 3D maps of New Orleans to help with navigation, and it also has a map that allows fans to be better directed through the Superdome where the pigskin battle is being fought this year.

You can also use the app to help with parking your car in New Orleans during Super Bowl weekend, since the city will be jampacked and people will need all the help they can get to secure a parking space, and then find their car when all of the madness is over.

So this Super Bowl, there are many other things you can do at your party besides just watching the game, and with these new apps you can add a nice level of variety to your gathering to appease both the serious football fan and the person who’s just showing up for the party itself.

So now that it’s decided what two teams will go head to head in this year’s Super bowl, many people are starting to organize their parties...

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Netflix making lemonade from lemons

Netflix has suffered some bumps in recent times, both from investors and from consumers. Its 2011 decision to split off its DVD rental business from streaming, and charge $8 a month for both, didn't go over well with its customers.

So it was something of a surprise on Wall Street when the company reported a profit in the fourth quarter of 2012 after previously warning it would lose money.

Netflix's net income for the three-month period totaled $7.9 million, equaling 13 cents a share. The consensus on the Street was the company would lose 12 cents a share, making for a 25 cent earnings swing.

What happened? The company has quietly been building its streaming business, the area where it now faces the greatest competition. It finished the fourth quarter with just over 27 million streaming customers, two million more than three months earlier.

Unhappy customers

Netflix, however, still has unhappy customers, like Kate, of Glorieta, N.M.

“Once upon a time, I was lipstick kissing the Netflix envelopes to let them know how much I loved them,” she wrote in a ConsumerAffairs post. “Now, they are just another corporate nightmare that invites anger and frustration because they care more about their bottom line (which will backfire eventually) than about their loyal and faithful customers. We are treated with indifference and neglect. Honestly, I have come to hate this company and am on the verge of terminating my account with them after many years of faithful membership.”

Consumers rate Netflix
Kate was so angry that she neglected to say what, exactly, Netflix did to earn her enmity. Greg, of Sugarland, Tex., went into more detail, saying he thinks the company's missteps means it is no longer the market leader it once was.

“I've been a member since 2002 and have been very satisfied for most of that time, even choosing to remain patient and loyal during the whole Qwikster debacle,” Greg wrote in his ConsumerAffairs post. “But in recent months three changes I've noticed are really making it hard for me to remain a customer: 1) fewer and fewer streaming options, despite them gearing the website to make it more difficult to add DVDs 2 ) more "long wait" delays for many DVDs and 3) longer turn-around times to receive DVDs by mail.”

Streaming, not DVDs, powers the growth

Note that two and a half of Greg's three complaints are about the DVD side of Netflix's business. But in the most recent quarter, it was the streaming side that powered the growth.

Netflix credits the higher subscriber numbers in the last quarter to consumers buying new electronic devices, such as tablets and smart TVs. Uncommented upon is the shift in Netflix's streaming options and how consumers may have responded.

Nearly a year ago Starz Entertainment, the major supplier of movies to Netflix's streaming service, ended its contract and refused to renew. Oddly enough, Starz said it declined to do business with Netflix because it didn't think it was charging consumers enough for access to its content.

It was seen as a major blow to the company's ability to attract new subscribers and keep old ones. But Netflix has appeared to take lemons and turn them into lemonade, by offering multiple seasons of hundreds of television series. In so doing, it may have altered the way consumers watching streaming video.

Changing habits

In the past, a consumer might download a movie and that would be the evening's entertainment. But increasingly, consumers sit down and watch multiple episodes – sometimes an entire season – of a TV show in one sitting, staging their own “marathons.”

Netflix has given widespread exposure to programs that many people didn't watch when they were on network television or cable. Shows like Breaking Bad, Walking Dead, Weeds, Louie, and It's Always Sunny in Philadelphia have expanded their audiences on Netflix. When the latest season of Portlandia was added to Netflix, it became an event – almost like the release of a new movie.

Even if you happen to be a regular viewer of How I Met Your Mother, but only picked it up in season four, you can watch the entire series, from the beginning and in order, on Netflix.

Worth watching

Finally, critics are point out that some of the best writing is on television, not movies. Series made specifically for cable, such as The Sopranos, Mad Men and Walking Dead have won critical acclaim, prompting actors who, in the past only considered movie roles, to take another look at the small screen. Actor Kevin Bacon, for example, has just launched a new drama series on Fox.

Netflix may have lost access to the most popular movies but the result is that it now appears to have an ample supply of content that a lot of consumers seem to value as much, or more. Is this development a happy accident or something cleverly engineered? Either way, Netflix appears to understand what it has working for it.

In it's promotion, it now gives its new content top billing, saying “Watch TV shows and movies...” not movies and TV shows.

Netflix has suffered some bumps in recent times, both from investors and from consumers. It's 2011 decision to split off its DVD rental business from strea...

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Site links new musicians to record companies

In the realm of music, there are many injustices that an artist will sometimes face. 

Like signing a record contract that has terms which only benefit the label  or obtaining a record deal but getting shelved and not having the chance to ever release an album.

But probably one of the biggest injustices for the wannabe professional musician is being extremely good at their craft, but never being discovered or never having the chance to get their music properly exposed -- because let’s face it, being able to post your music on say SoundCloud or Bandcamp is great, but there’s still a certain amount of randomness in terms of getting people to really pay attention.

The other problem with many music posting sites, is the fact that it’s still hard for artists to get their songs heard by labels, managers or just people in the music industry who can possibly put some dollars behind your songs to get them marketed and heard.

Well, a new site has emerged that sets out to do what the Bandcamps of the Internet world aren’t able to do, by allowing artists to post music so songs can possibly be heard by record executives.

Direct connection

Creators of the site says it has direct connections to A&R reps, who seek out and sign talent, and if your music is played a lot on the site, your song is immediately reviewed by a label and you could possible get signed to a contract.

The site we’re talking about is Chartburst.com, and it gives artists of many different genres of music the opportunity to build a fan base, and also lets record companies know if that fan base ever swells to a significant size.

The way it works is that artists choose what musical chart they want to post a song in, whether it’s Dance music, Folk, Rock, Country, Pop, Hip-Hop, World, Acoustic or Indie.

From there you simply upload your track of choice, in hopes that it will be played enough to be number one through five on that particular chart.

If your song does in fact reach the top 5, it will automatically be sent to record label A&R reps, who the company says work with the site and monitor the charts to see who’s currently buzzing among music fans.

Chartburst also says the A&Rs who work with the site are currently looking for acts, and even if they choose not to sign you to a deal, they’ll provide feedback on what to tweak, so you could possibly make that final leap from an independent artist to a signed one.

On the homepage of the site, are the company logos of Columbia, Sony, Warner and Interscope, which suggests  these are the record labels that Chartburst works with. Users will also be connected to artist management companies and other people in the industry like major producers, says the company.

$5 a month

To use the site, it’ll cost you $5 a month, which seems like a good buy, assuming Chartburst works the way the company says it does.

And the fact that you can post songs to a specific chart of music, instead of having to compete with all artist from all genres, it allows your music to better stand out and reach the fans and industry people who really know and appreciate your particular genre of music.

For those artists who have posted their music on YouTube, and feel their video is just one of an infinite amount, they’re right -- so using a site like Chartburst may increase your chances of getting some notoriety, says the company, since it singles out your songs from other musical categories, where it could potentially get lost and ignored by the fans who don’t like your genre.

Resets the chart

The site says it resets each chart every two weeks, so every user has a chance to make the top five. If your music is on the top five for two weeks, it will be removed and given the opportunity to make it back there again, but the company says you can still be contacted by an A&R rep within two weeks of your song initially charting, which is really cool if it actually happens that way.

The Chartburst site and its marketing angle heavily focus on people getting a record deal or at least getting feedback from a label and being mentored.

Although that could certainly be true, anyone that’s had serious musical pursuits knows that getting a record deal has a lot to do with inside connections, and who you know as opposed to the level of one’s sheer talent.

Also, labels rarely want to take a risk these days and sign an artist who doesn’t already have a large buzz, so the idea that you’ll be signed because your song is on the Chartburst site for a couple of weeks seems to be a long shot to say the least.

And as far as the artist mentoring part, those days simply don’t exist anymore.

Back in the day, I would say as recently as 15 years ago, a label may take a liking to an artist, help develop him or her and then slowly introduce that artist to the masses, but not anymore.

Artists getting signed just for the sake of their good music these days is an outdated concept, for the mere fact industry politics and money seem to be more important these days, and each record exec already has a list of 20 people they could potentially sign already.

Still need to promote

Another negative of the site, is the fact that artists still have to promote their music in order for it to chart, which is the whole idea of using the website, as just promoting yourself to your personal friends on Facebook and Twitter may not be enough for you to get that coveted one through five spot.

Also, what the site fails to mention is that A&R reps aren’t on the big hunt for artists as many people think they are, since there's always a talented musician with an underground buzz somewhere, so it's not that hard for them. 

Additionally, a large portion of their job is to shape the projects from the artists that are already on the label's roster, which takes up a huge part of an A&Rs time.

But don’t get me wrong, Chartburst sounds like a great idea, and for $5 a month, it’s not that much of a risk to give it a shot, but be sure you’re willing to wear both your marketing hat as well as your musician hat, and also prepare yourself for not getting noticed at all by a record company exec at all.

Because being discovered out of the clear blue by a label is a longer shot than one that's heaved from half-court.

In the realm of music, there are many injustices that an artist will sometimes face. Like signing a record contract that has terms which only b...

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Redbox transitioning to video streaming service

Redbox, one of the "last men standing" in the physical media video wars, is moving into streaming video, partnering with Verizon. The target, of course, is industry leader Netflix.

Called Redbox Instant by Verizon, the new service is now in beta testing. Consumers can register at the beta site for one of a limited number of access codes that are being handed out. Just like Nexflix and Hulu Plus, the site offers online streaming of movies and TV programs.

Netflix, you will remember, also started out as a physical media video service. Members ordered movies that were shipped by mail. It was wildly popular and helped put many brick-and-mortar video stores out of business.

Bumps in the road

Its popularity grew when it added online streaming but the company alienated many customers in 2011 when it changed its policy, charging $8 a month for streaming and another $8 a month for the DVD service.

Meanwhile, Redbox, a division of Coinstar, used its parent's existing relationships with supermarket chains to establish thousands of DVD kiosks nationwide. With the last video store chain out of business, consumers who wanted to rent a DVD on the spur of the moment, and lacked broadband access, had little option but to line up at a kiosk to rent a DVD.

But as anyone who has ever purchased a soft drink or candy bar from a machine well knows, interacting with a machine can bring on a host of problems.

Problems

Consumers rate Redbox

"I was charged for a movie that was already returned, never received any correspondence that I supposedly had a movie still outstanding -- on the contrary - I do have the confirmation of return email in my inbox, an anonymous poster wrote at ConsumerAffairs.

The problem escalated, the consumer writes, when Redbox would only offer a $10 refund, not the total $27, even though the consumer had proof the movie was returned.

James, of Hartford City, Ind., writes that Redbox has been charging him twice for movies that he returned after one day.

"I really didn't notice it at first," James writes. "I returned a movie last week and my account went $20 in the negative and I knew I did nothing wrong."

An alternative to machines

In fact, many of the reviews about Redbox in the ConsumerAffairs database stem from problems with Redbox kiosks. Lori, of Ogilvie, Minn., writes that she rented a particular movie from a Redbox kiosk and got a movie different than the one she selected. Again, anyone who has ever bought a Snickers bar from a machine and gotten a bag of chips instead knows things like this can happen.

So perhaps Redbox Instant will give its current customers an alternative to ordering movies from a machine. Will it catch on?

Initial reviews of the beta service have been mixed. Some users, posting online, have praised the streaming quality of movies. Others have said it's terrible.

CNET, a technology site, opines that the new service "is no Netflix killer." Barron's, a business publication, says it doesn't have to be. With the number of customers it already has, it should be able to enter the streaming market on firm footing and be profitable.

And Redbox Instant may have something else going for it as well. Its monthly fee is $8 a month, the same as Netflix's. But as part of the deal each streaming customer will get access codes for four free rentals at Redbox kiosks each month. A pretty good deal, as long as those machines work the way they're supposed to.

How they stack up

  • Netflix: $8 a month for streaming, $8 a month for DVD rentals
  • Amazon Prime: $79 a year ($6.59 per month); access to 5000 videos plus free 2-day shipping of Amazon.com orders and free borrowing of thousands of Kindle e-books
  • Hulu Plus: $8 a month for instant access to current TV shows and a large movie library

Redbox, one of the "last men standing" in the physical media video wars, is moving into streaming video, partnering with Verizon. The target, of course, is...

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Samsung steals the show with bigger TVs, higher definition

Samsung has released so many new technologies at this year's Consumer Electronics Show that nobody can figure out which ones to write about. But for the general couch-bound consumer, probably the biggest news is that TVs are getting bigger again. Sharper too.

For a little while there, it seemed that we would all be watching TV on our smartphones and tablets but Samsung has broken that model wide open with a gigantic 85-inch TV.

Of course, bigger isn't always better. Remember the original big-screen TVs?  They were the size of a car but the picture left a lot to be desired.

Not this time around. Samsung has not only introduced some truly gigantic screens, it's also increased the resolution nearly fourfold. The current standard for high-def is a horizontal resolution of 1,080 pixels which is, as they say, mighty fine. But even finer is Samsung's new 4,000-pixel standard, already known simply as 4K, and also as UHD, for ultra-high definition.

Now, having a screen that can reproduce a 4k image doesn't do you much good without the image, so Samsung has built in circuitry that takes a 1080p image and "rezzes it up," to to speak, to 4k.

Smart TV

Besides the bigger screens and higher definition, Samsung has also made numerous improvements to its suite of Smart TV applications, including a search tool that lets you search cable, over-the-air and Internet sources when you're looking for a particular show or series.

As promised, Samsung unveiled its "Evolution Kit," which enables Samsung 2012 Smart TVs to evolve into Samsung’s new 2013 Smart TVs. By simply attaching the Evolution Kit device into the back of a Samsung Smart TV, consumers can enjoy the latest features that the 2013 Smart TVs have to offer.

Consumers rate Samsung TV

With hardware enhancements, such as CPU, memory and GPU up to the level of the latest Smart TV, users can enjoy faster speeds for browsing the Internet and multitask by using apps while watching TV, the company said.

In addition, Samsung’s Smart Interaction features such as voice control and motion control will be enhanced. Once the Evolution Kit is attached to the slot, 2012 Smart Hub is transformed to 2013 version. Every year, consumers will now be able to enjoy the latest services with Samsung's Smart TVs, according to Samsung.

Sales of TVs have been slumping lately, partly because consumers have been throwing money at tablets and smartphones. With its Evolution Kit, Samsung appears to be hoping to convince consumers they can upgrade their TV today without worrying about it becoming obsolete in the next year or two.

Skeptics may point to the rash of early failures in Samsung TVs over the last few years. And in fact, it's usually wise to avoid the leading edge in any kind of electronic gear. Early versions tend to have more problems and, of equal importance, the price tends to come down as a new technology becomes more commonplace.

It's also good to remember that these are not your father's TVs. Modern electronic gear isn't exactly delicate but it is very sensitive to heat, spikes and surges, so don't count on getting more than a few years of service. Budget accordingly.

Samsung has released so many new technologies at this year's Consumer Electronics Show that nobody can figure out which ones to write about. But for the ge...

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What happened to Netflix? Remember when the company could do no wrong?

Remember not too long ago, when Netflix seemed to stand alone in the area of home entertainment and movie streaming?

When Netflix first came into prominence a few years ago, by creating what seemed to be the perfect idea of allowing customers to receive movies through the mail or by streaming, it didn’t seem like anyone could compete with the compay.

But those days have passed, and today Netflix isn’t the stand-alone Goliath it was just a couple of years ago. For example, Verizon and Redbox teamed up not too long ago to offer video streaming and DVDs for a lower monthly price than Netflix.

And the fact that Verizon and Redbox have secured the proper deals with Hollywood film studios to get content that Netflix won’t be able to access, there’s a good chance that many consumers will flock to Redbox’s Instant by Verizon, because the company is offering newer and better movies.

It seems that more and more companies are coming together that could lead customers away from Netflix, as many consumers feel the California-based company just doesn’t offer the kind of movies for streaming that it used to, as newer released films are usually on DVD only, which tends to frustrate many consumers.

And with deals being made between home entertainment companies and Hollywood film studios, it seems that Netflix is getting fewer newly-released movies, which is why many people signed up with the company in the first place.

Fewer movies

Consumers rate Netflix

HBO is another company that just made this kind of deal, as the cable channel just finalized an agreement with Universal, and its movie division Universal Films to show exclusive content that Netflix won’t be able to access.

The deal will also allow HBO to carry Universal’s art house film division Focus Features, which consumers can access on TV or on their mobile devices.

The exclusive deal also means that Netflix will have even fewer movies for DVD and streaming, as Universal makes a significant amount of movies each year that Netflix won’t be able to touch. This may cause even more customers to jump off the Netflix ship, as many have complained the company just doesn’t offer the type of movie variety that it used to.

“In the last few years, Netflix has really gone downhill from being an industry leader and innovator to a joke of marketing incompetence,” wrote Greg of Texas in a ConsumerAffairs posting. “I’ve been a member since 2002 and have been very satisfied for most of that time, even choosing to remain patient and loyal during the whole ‘Qwikster’ debacle.”

“But in recent months, three changes I’ve noticed are really making it hard for me to remain a customer: (1) Fewer and fewer streaming options, despite gearing the website to make it more difficult to add DVDs; (2) more ‘long wait’ delays for many DVDs, and (3) longer turnaround times to receive DVDs by mail,” wrote Greg.

In his comment, Greg agreed with another reader named Barry, who shared a similar view about Netflix.

“I’ve subscribed to Netflix for more than a decade and for a number of years, I was very happy with the service, even giving it as a gift to others,” wrote Barry in his ConsumerAffairs posting.

“Thanks to what’s been going on for the past 6 months or more, my enthusiasm has completely vanished and turned to anger. I can no longer get the new releases at the top of my list—for many, many months.”

“I certainly hope others enter this market and become what Netflix used to be. I’ve already cut way back on what the number of discs I have at one time because they refuse to provide what I want, and I expect I may cut off the service altogether very soon. From a great company, it has turned to one of the worst.” 

Ten years

The HBO deal is rumored to be for ten years, which means it will be at least a full decade before Netflix can get its hands on Universal’s films and other content.

And if you consider the movies that Netflix won’t be able to show based on the exclusive deal that Redbox and Verizon signed with Hollywood studios in 2012, it seems that Netflix will only have a very limited movie pool to draw from and offer its customers.

Vice chairman and COO of Universal and Focus Features films Rick Finkelstein said his company is extremely eager to provide HBO with exclusive content that will already add to the company’s huge library of movies.

“With HBO’s far-reaching network of premium services, ranging from the traditional in-home experience to its mobile applications, we are pleased to continue this relationship and bring Universal and Focus Features’ films to HBO subscribers for many years to come,” said Finkelstein.

“With our upcoming slate of films, HBO will continue to offer outstanding film content to their already vast library of movies, specials and award-winning original programming.”

Remember not too long ago, when Netflix seemed to stand alone in the area of home entertainment and movie streaming?When Netflix first came into prominen...

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'Ted,' 'Total Recall' top DVD and Blu-ray sales and rentals for week ending December 23

What were we watching as the year was drawing to a close? Here is Rentrak Corporation's rundown of the Top-10 DVD & Blu-ray sales and rentals for the week ending December 23, 2012:

RENTRAK TOP-10 DVD & BLU-RAY SALES*

RANK

TITLE

STUDIO

WEEKS IN RELEASE

1

Ted

Universal (NYSE: GE)

2

2

The Dark Knight Rises

Warner Bros. (NYSE: TWX)

3

3

Pitch Perfect

Universal (NYSE: GE)

1

4

Total Recall (2012)

Sony (NYSE: SNE)

1

5

Diary of a Wimpy Kid: Dog Days

Fox (NASDAQ: NWS)

1

6

Brave

Disney (NYSE: DIS)

6

7

Ice Age: Continental Drift

Fox (NASDAQ: NWS)

2

8

The Bourne Legacy

Universal (NYSE: GE)

2

9

The Dark Knight Trilogy

Warner Bros. (NYSE: TWX)

3

10

Resident Evil: Retribution

Sony (NYSE: SNE)

1

*Week ended December 22, 2012

RENTRAK TOP-10 DVD & BLU-RAY RENTALS

RANK

TITLE

STUDIO

WEEKS IN RELEASE

1

Total Recall (2012)

Sony (NYSE: SNE)

1

2

The Watch (2012)**

Fox (NASDAQ: NWS)

6

3

Men In Black 3

Sony (NYSE: SNE)

4

4

Savages (2012)**

Universal (NYSE: GE)

6

5

Lawless (2012)

Anchor Bay/Starz (NASDAQ: LMCA, LMCB)

4

6

Hope Springs (2012)

Sony (NYSE: SNE)

3

7

Brave (2012)**

Disney (NYSE: DIS)

6

8

The Expendables 2

Lionsgate (NYSE: LGF)

5

9

The Campaign (2012)**

Warner Bros. (NYSE: TWX)

8

10

Stolen (2012)**

Millennium

1

**Titles have delayed availability in certain rental outlets

The rundown was compiled by Rentrak's Retail Essentials and Home Video Essentials tracking services, which are based on estimated consumer spending.

What were we watching as the year was drawing to a close? Here is Rentrak Corporation's rundown of the Top-10 DVD & Blu-ray sales and rentals for the week ...

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DirecTV tunes up a price hike

DirecTV has a last-minute addition to your holiday stocking: an average 4.5% price increase, starting Feb. 7. The company blames higher programming costs it expects to pay next year.

The satellite TV provider said on its Web site that  "almost all programmers who provide channels to the DirecTV platform are increasing their rates at a level we've never seen before."

Cable and satellite TV providers routinely raise fees on at least an annual basis. They typically blame the programming fees they must pay to the likes of HBO and CNN. DirecTV says its price increases are generally lower than its competitors.

The company said the increase will apply only to regular, nonpromotional rates. Customers paying a promotional price will continue to pay that price until the offer expires.

Consumers rate DirecTV

Of course, those promotional rates don't always turn out the way consumers expect, as Michael of North East, Md., said in a ConsumerAffairs posting earlier today:

I was a DirecTV member for 13+ years. I never had a late payment or complaint during the entire duration, but that's because I remained on the "billing cycle," and  never called them for anything. I found out that our local cable was much cheaper and attempted a simple "switch". DirecTV then offered a cheaper rate, but then never applied it accurately to my account. After months (almost a year of monthly phone calls), I demanded cancellation. DirecTV then fabricated an "early termination fee" of over $300.00. Now DirecTV has me in "collections," and is impacting my credit report. Wow. Explain an "early termination fee" after 13+ years of being a loyal customer! Unreal.

There've been a lot of cat fights between content providers and distributors over the last few years, including a spat between DirecTV and Viacom, which had resisted higher fees sought by channels like Nickelodeon, Comedy Central and MTV.

DirecTV has a last-minute addition to your holiday stocking: an average 4.5% price increase, starting Feb. 7. The company blames higher programming costs i...

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Spin magazine shuts down its print edition

If you’re like me, you probably spent a fair share of time frequenting book stores and magazine shops rummaging through rows and rows of magazines of every kind.

And if you’re a music lover, there was always a countless number of both well-known and obscure publications that kept you up to date about new music, music news and all of the happenings that took place in the industry.

One of those publications that many of us thumbed through during those days--that sat confidently among bigger magazines like Rolling Stone and Billboard on the shelf--was Spin magazine, which just announced it's making the September/October 2012 issue the very last.

Founded in 1985 by Bob Guccione Jr., Spin always seemed to be the type of magazine that was eager to recognize and cover newer and smaller artists, while placing more of a focus on up-and-coming acts, often giving them the front cover of the magazine over the bigger artists of the day.

To put it in supermarket terms, if Rolling Stone was the Whole Foods in the heyday of print music magazines, then Spin was the Trader Joe's for its seeming contentment to be smaller and more sharply focused on a fussier niche of consumers who aren’t as focused on what the mass market.

If Billboard tended to focus on who was hot in its issues, then Spin would focus on who was about to get hot, and this way of creating content brought the magazine to a level of prominence among those music fans who craved to see their underground artist get a chance to poke their head through the soil and see mainstream daylight.

Car mags

It seems that Spin made arrangements with Car and Driver magazine to take over the remaining subscriptions, so each customer will receive a copy of the automobile mag for each copy of Spin they’re owed.

Although it’s certainly civilized for Spin to provide another magazine to subscribers as a means of compensation for shutting down abruptly, providing customers with a car magazine seems rather strange in music magazine realms.

Here’s some of what a Car and Driver spokesperson had to say about picking up Spin subscriptions.

“I know we can’t replace the insight and passion that Spin delivered to new-music lovers,” the magazine said in a letter to subscribers.

“But we can promise that Car and Driver will provide that same insight and passion for cars. Our approach, our worldview, our love of the subject—all that is shared between these two titles. I know a lot of you got deeper into music because of how Spin brought you into that world. Try it, and I guarantee Car and Driver will do the same thing for the automobile.”  

Fortunately, Spin said subscribers can also opt for a full refund if they choose, which I'm sure many will unless they're also car lovers.

Digital conversion

Similar to many print publications, Spin said it was shutting down to focus on expanding its digital offerings, and it hopes that fans will make a voluntary exodus to its website and its other music-based products.

Spin has halted publication of our print edition to invest more deeply in our digital properties, including Spin.com, SPIN Play for iPad, and SPIN mobile” the company wrote. “Spin has been a pioneer in music journalism since 1985 and we hope you’ll continue to enjoy our leading editorial photographic and multi-media content online.”

Those who have been following Spin magazine in recent times are aware that the company was bought by Buzz Media earlier this year. Before that, it was owned by Miller Publishing,  Hartle Media, and also by the McEvoy Group, which purchased Spin in 2006 for $5 million.

Although Buzz Media seemingly wanted the print edition to continue-- according to the public statements the company made--consumers, the current magazine climate and the domination of digital media made it almost impossible to do.

Spin is the second major print publication shutting down its printing machines in 2012, as Newsweek will be stopping its print edition at year's end, which is certainly an indication that the hours and hours that you used to spend in magazine shops will be dwindling down to minutes and minutes, until being able to buy a print magazine will be a thing of the past.

Reports indicate that Spin had a circulation of 350,000 when the company printed its last issue.

If you’re a like me, then you probably spent your fair share of time frequenting book stores and magazine shops rummaging through rows and rows of ma...

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Is Hollywood feeling some heat over violence?

The first reaction to the massacre at Sandy Hook Elementary School in Newtown, Conn., was felt by the firearms industry. Share prices of gun manufacturers plunged as news of the tragedy spread and at least one retail store voluntarily pulled some weapons from its shelves.

But the blowback from Friday's tragedy may also be felt in Hollywood, where entertainment in recent years has featured more, and realistic gun violence. The impact may, or may not, fall on two blockbuster films being released next week for the holidays.

Cancelled premier

Hollywood mogul Harvey Weinstein has cancelled this week's tinsel town premier of Django Unchained, Quinton Tarantino's new film. Tarantino's signature is gratuitous violence and Django Unchained is no different. It's the story of a former slave and his bounty hunter partner who embark on a mission of revenge. Lots of bullets are fired and lots of people die.

“Our thoughts and prayers go out to the families of the tragedy in Newtown, Conn., and in this time of national mourning we have decided to forgo our scheduled event,” Weinstein's company said in a statement. “However, we will be holding a private screening for the cast and crew and their friends and families.”

The company made clear that it wasn't showing sensitivity because of the gun violence in the film, but because it didn't seem right to be "celebrating" while the nation is in mourning.

Meanwhile, the Film Society of Lincoln Center postponed a scheduled fundraiser revolving around the premier of Jack Reacher, another violence-laced film. Actor Tom Cruise plays a former military policeman investigating a sniper incident in which five people are killed. Again, the sponsors said the change was made because a celebratory event at this time was unseemly.

Shooting scene dropped from ad?

Still, the Hollywood Reporter quoted sources at Paramount as saying the television ad for Jack Reacher is being edited to remove a scene where Cruise fires an automatic weapon.

While Hollywood in general may be feeling self-conscious about the amount of violence in its entertainment products, Tarantino is not having any part of the self-examination. Insisting on continuing the current media tour for Django Unchained, Tarantino said he's tired of defending his films after every shocking shooting incident.

“I just think you know there's violence in the world, tragedies happen, blame the playmakers," Tarantino told an interviewer in New York. "It's a western. Give me a break."

The first reaction to the massacre at Sandy Hook Elementary School in Newtown, Conn., was felt by the firearms industry. Share prices of gun manufacturers ...

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Commercials too loud? Feds are riding to the rescue

How loud is too loud? It's a question that comes up quite a bit. Is your muffler too loud? Your dog's barking? Your leaf blower? All of these are pretty subjective and not likely to be settled easily.

How about the sound of your fingers hitting the laptop keys as you sit in the Amtrak quiet car? Believe it or not, this is a not-infrequent source of controversy.

Ah, but here's something just about everyone has complained about, at least occasionally: those blaring TV commercials. Don't take it lightly. We heard from Anonymous of Pearland, Texas, last May and he was ready to take DirecTV out for a good thrashing.

"FCC had made it illegal for loud commercials but DTV still blows us out of the house and provides audio for the main program that requires full volume to hear," Anon said. Actually, he had his fact wrong about there already being an FCC rule in effect last May but nevertheless he raises a good point. 

Consumers rate DirecTV

After all, everyone agrees commercials are too loud, right? Well, actually, no. Broadcasters don't think so. But as of today, there  is a new cop on the loud-commercial beat and it is none other than the Federal Communications Commission (FCC), the ancient and somewhat creaking agency that, among other sterling achievements, has listed the seven words that must never be uttered on TV, adjudicated numerous wardrobe malfunctions and, back in the day, addressed any number of complaints about supposed political bias creeping into news programs.

Well, be calm because as of today, a new rule takes effective. It's called the Commercial Advertisement Loudness Mitigation Act (CALM -- get it?).

The rule -- actually a bunch of rules bundled under one acronym -- was adopted a year ago but broadcasters were given a year to get bigger volume control knobs.

Shout out

But anyway, assuming the rule is more widely observed than your average traffic law, it should make life a little more relaxing, although broadcasters and advertising agencies fear their efforts won't satisfy everyone.

The problem is partly one of context, say those in the ad biz. Most TV shows have their high spots and their low spots -- moments that are noisy and other moments that are quiet, in other words.

If you think about your average commercial break, it often comes at a dramatic moment, just as the female lead gazes wistfully out the bedroom window after discovering her significant other is perhaps not as significant as she had thought.

As the curtains lightly flutter in the breeze and a cloud drifts by, the image fades and BAM! You're in Ford Country where big tough cowboys are loudly abusing their pickup trucks.

OK, that's jarring.

And then there's the matter of average loudness. While dramas, as noted above, have highs and lows, commercials mostly have highs. Everyone is so darned happy about their nice clean shirts that they just can't shut up about it.

So the new CALM rules say that commercials should have roughly the same average loudness level as the programs that surround them. Just how this will be accomplished is anyone's guess but keep your ears on and we'll know soon enough.

If you feel that a given commercial is unbearably blaring and you have plenty of time on your hands, there is even a complaint form you can fill out on the FCC site.

Invisible hand

But maybe you're one of those rugged individualists who don't want the government bumbling around in your life, even when it's trying to help. If so, you might want to explore this free-market solution: Samsung now makes TVs that have a feature called Auto Volume.

Here's how Samsung describes it:

Auto Volume automatically adjusts the volume of the desired channel, lowering the sound output when the modulation signal is high or raising the sound output when the modulation signal is low. This reduces the difference in volume when changing channels. The Auto Volume feature can be set to Normal, Night or Off.

And why didn't Samsung -- or somebody -- do this years ago? Sorry, we can't answer that.

How loud is too loud? It's a question that comes up quite a bit. Is your muffler too loud? Your dog's barking? Your leaf blower? All of these are pretty su...

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Redbox starts battle with Netflix with $6 streaming service

You never know, but maybe one of the people on your gift list would like a movie streaming package from Redbox this year.

It seems that Redbox and Verizon Communications Inc. have officially joined swords to begin what’s probably going to be an ongoing duel with Netflix, as the company just announced it would offer movie streaming for just $6 a month, which is $2 lower than Netflix’s current streaming prices.

The new service is called Redbox Instant and Mark Greenberg, its president, said the partnership between Redbox and Verizon creates an  inexpensive way to enjoy movies quickly, which may lead some of Netflix customers away, since many have complained about the company’s prices and services in the past.

“Redbox Instant by Verizon will be an exciting new service for consumers in the digital entertainment marketplace and we are thrilled to be their partner, providing our movies from some of the world’s leading studios,” said Greenberg.

“We have a long and successful relationship with Verizon FiOS, which was our first distribution partner at the launch of EPIX, and we are excited to build on that relationship with Redbox Instant. We are confident that the movies we have will be a popular and important part of the success of this new service.”

The company also announced that it would offer four one-night DVD rentals along with streaming for $8 a month, and customers can purchase high-definition Blu-ray DVDs for $9. 

This also undercuts Netflix's streaming and DVD package prices, which allows you to get both services for $16 a month.

Make the leap?

Consumers rate Netflix

But will people start making the move from Netflix to Redbox in order to save a few bucks? Some may.

Rick of Washington State, who is currently a Netflix customer, might give the new Redbox service a try, as he has been frustrated with billing issues.

“I have paid my account around the 14th of September, and still was not able to get online,” he wrote in his ConsumerAffairs posting.

“I called the company and they said that the billing hadn’t gone through, yet on my credit card [although] it stated that it did go through. Three days later I called again, and tried to order DVDs and they told me that they were having problems with the billing and that I would get service soon.”

Rick said that he paid his bill in the middle of the month, but didn’t get a full month of service and was unable to find the proper avenue within Netflix to speak to a decision-maker or file a complaint.

Redbox may also be getting a flock of new customers during the holidays, as some of our readers said that giving a Netflix gift certificate may be more of a hassle than it’s actually worth, especially when it comes time for the person receiving the gift certificate to redeem it.

“I wanted to buy a Netflix gift certificate for a friend of mine,” wrote Matt of Lake Tahoe, Nev. in the comments section.

“I bought her a 3-month subscription and I wanted to write a note that was 3 sentences (as I can do on every other site I’ve bought a certificate from). However, Netflix for some reason limits the personalization to only 80 characters. I don’t know why they do this, but it makes it harder to write even a short gift note. So I decided to send my friend the gift, even with the generic note.”

“The real problem occurred when she has to redeem the gift. Netflix wouldn’t let her unless she put in a billing card. I thought I was giving a gift to my friend, not signing her up to continuity. I know Netflix is a business, but the bottom line is my friend couldn’t use her gift unless she entered here credit card. This felt wrong to me, especially since it wasn’t clear during the checkout process when I bought the card.”

More movies

Redbox CEO Shawn Strickland says customers will be able to take advantage of an even wider array of movie selections due to the company’s deep relationships with the some of today’s biggest film studios.

Consumers rate Redbox

“We are building a compelling entertainment choice through our ability to support both physical and digital distribution of movies that people love, made possible by the depth of relationships we’ve established with top Hollywood studios and distribution partners,” said Strickland.

However, Redbox definitely isn’t starting this new venture without its own set of consumer complaints, especially when it comes to billing issues with the company and customers receiving disks from kiosks either damaged or unable to be played.

“If I could give it a zero star out of 5 I would.  This was my first time using Redbox,” wrote Gevin of Michigan.  

“I rented a video game. Once I got the game home, I noticed it had a huge ring on the disc and did not work. I called customer service and all they are capable of doing is giving me promo codes for free movies and half off the game. I just had to pay full price. So I went to a new machine and once again, the disc was scratched in the same way.”

It will be interesting to see if Redbox customers who have been frustrated with the kiosks and DVD damage will give the company’s streaming service a try.

It’ll also be interesting to see if Netflix customers abandon ship to save money, since Redbox offers its packages for considerably less.

Greenburg says by adding steaming to Redbox, it will more than likely bring in younger consumers who tend use streaming services more than DVDs.

“We’re expanding the pie by adding more people to the mix. I think that’s healthy,” he said.

You never know, but maybe one of the people on your gift list would like a movie streaming package from Redbox this year.It seems that Redbox and Verizon...

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X-Mini Portable Speakers: Do they make the grade or fail the test?

Remember when we used to play our music through speakers and hardly ever used headphones?  

There was a time not too long ago that most people played their music to not only enjoy it themselves, but also to share it with whomever was in close listening range.

But somewhere between the downfall of the compact disc and the rise of the mp3 player, consumers developed a stronger desire to play music to themselves through headphones, and as devices got smaller and easier to carry, using your headphones became the normal way to listen to music.

And people aren't just using their headphones outside of their homes anymore. A lot of the people I know admit to playing music through their headphones in their house too, since many times the headphones they own are much better than the speakers they bought long ago.

But in the last year or two traditional speakers have started to make a comeback.

Making a comeback

With more companies creating portable speakers that seem to be getting tinier but more powerful with each new release, a lot of consumers are returning to the days when they want to play their music "outwardly" again.

And with speakers being so small and portable today, music lovers can get the best of both worlds by having the ability to fill up an area with music, while still being able carry their sounds anywhere they want to go.

And when it comes to carrying those sounds to different places, the X-mini capsule speakers are among some of the most popular with their many styles and various colors, so I was eager to see just how well these mushroom-shaped speakers actually performed.

What’s interesting is that headphones have been made so well these days that they’ve become the standard for portable sound, so speakers that are within the same price range really have some catching up to do.

So the first thing I wondered about the X-mini was how much would I miss that fullness of sound that I usually get with my headphones.

Now I realize that outward sound will always lose to inward sound when it comes to directness and fullness, but good portable speakers are able to come pretty close by covering each corner of the room or area with music, which is all you can ask from speakers that aren’t sitting directly on your ear.

Max and Uno

To determine a level of consistency among the X-mini brand and the different models of speakers they release, I tested both the X-mini Max and the X-mini Uno speakers that come two in a box.

I first gave the Uno model a whirl, as it’s supposed to defy its size by putting out big sounds with remarkable clarity, while also having the ability to maximize bass sounds, which unfortunately so many portable speakers are unable to do.

I wasn’t only interested in seeing if the right amount of bass sounds were produced, I was also eager to see if the bass could be captured without being distorted, and if the mid- and high-level sounds remained intact without being swallowed by the lower parts of the music.

To gauge the level of sound quality I listened to songs that I’m very familiar with and have completely memorized in terms of just where where certain instrument and vocal levels should be.

I must say, the X-mini Uno certainly captured the bass without struggling to do so. In fact, it captured the bottom of the musical track more than I thought it would, being a speaker of such a small size.

When I played a bass-heavy track and turned up the volume on my laptop, the bass was one of the first instruments that I heard and it didn’t sound distorted until I turned up the volume as high as it could go.

Using maximum volume isn’t the best way to test out speakers because most studio engineers master or finalize songs at a high level these days, so you don’t have to blast the volume to get a full sound, but I wanted to see how powerful the tiny speakers really were.

The rest of the instruments in the song came out very closely to what they sounded like when I play them in more expensive speakers or headphones, which pleased me.

A little distortion

Although there was a small bit of distortion when songs were turned up to maximum volume, the X-mini Uno worked very well when music was turned down to more moderate levels, as it produced a clean sound that wasn’t the absolute sharpest, but it still played better than I expected.

After playing several genres of music at various levels of volume, the X-mini was able to fill up the room, and the tunes could still be heard with some level of clarity when I walked to other parts of the house, which means the Uno can definitely be used for a small gathering without the music sounding small or confined.

However, one area that bothered me a bit was how the Uno wasn’t able to remain still when heavy bass sounds were played through it.

After playing several songs, the speaker vibrated, moved and danced around the desk with each bass pump, which may be cute to some, but to me it was a little annoying. I found by putting the speaker on top of a cloth, it took away the vibrating movement and remained still.

Next, I plugged in the X-mini Max speakers that are supposed to provide an even fuller sound, which it should since it's two separate speakers intead of one. Users have the option to play the speakers together or separately.

First off, I was very impressed with the Max version, as its thickness of sound caught me off guard a bit since the room was instantly filled up with big sound and musical clarity, and the subtle and quieter parts of each song weren’t lost when the music was played at a high volume.

And not only were the Max speakers powerful, they also played with a smoothness that lacked any kind of distortion or cloudiness.

Although the Max has two speakers, it didn’t provide the separation of sound that I was looking for, as it just played louder than the Uno which isn’t necessarily a bad thing, but it would have been nice to adjust the balance  levels on each speaker, which is usually a benefit of having two.

But still, the X-mini Max still performed at a high level and is great for gatherings, to bring on vacation or to just blast your favorite tunes to yourself when you’re home.

Both the Uno and the Max are extremely small, being only a few inches in length and each has a battery life of 20 and 18 hours respectively. They can be charged through USB ports.

The design of the speakers is a plus too, as they come in nifty little colors like royal blue, a rusted orange color and lime green.

Each speaker also seems pretty solidly built despite its small size, and it doesn’t seem like it will break by being carried daily or by throwing it into a bag when you’re going on vacation or heading out of town.

It’s hard to lock down an exact price point for both the Uno and the Max, as the company offers it for around $65 on its website and other online stores have it for less.

But either way we definitely recommend both X-minis, as each unit had an extremely strong output with little distortion, aside from the Uno having a small bit of static when turned up to maximum volume.

All in all, the Uno and the Max make really solid holiday gifts for the music lover who wants to get back to playing music outwardly again. It will be interesting to see just how much more portable speakers will advance in the years to come.

Remember when we used to play our music outwardly and hardly ever used headphones?  There was a time not too long ago that most people played their ...

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Netflix rates the ISPs

No one has more at stake in the performance of Internet service providers (ISPs) than Netflix. The movie streaming service is the country's biggest user of Internet bandwidth by most measures -- its customers rate its performance based largely on how well their local ISP delivers.

The movie was choppy and pixellated? Subscribers are likely to curse Netflix, when in fact the local ISP is often to blame. So, Netflix keeps a careful eye on local ISPs' performance, using its own testing protocols and surveying customers to ask how their streaming experience was.

Today, Netflix released the first of what it says will be a monthly report of ISP performance. Not surprisingly, the top spots were taken by Google Fiber and Verizon FiOS -- the only major ISPs using "pure" fiber-to-the-home delivery.

Consumers rate Verizon Fios

Google Fiber, which currently operates only in a portion of Kansas City, scored an average of 2.55 Mbps in November, with FiOS closed behind at 2.19 Mbps. Unsurprisingly, DSL services came in behind all the major cable/fiber services, with the best performer averaging just 1.42 Mbps in November.

"Our 30 million members view over 1 billion hours of Netflix per month, so we have very reliable data for consumers to compare ISPs in terms of real world performance," said Ken Florance, Vice President of Content Delivery at Netflix, in a blog posting.

"AT&T U-verse, which is a hybrid fiber-DSL service, shows quite poorly compared to Verizon Fios, which is pure fiber.  Charter moved down two positions since October.  Verizon mobile has 40% higher performance than AT&T mobile," Florance said. 

Here is a Netflix chart showing the November results:

No one has more at stake in the performance of Internet service providers (ISPs) than Netflix. The movie streaming service is the country's biggest user of...

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Netflix: Disney deal won't mean higher prices

Netflix got a major jump on its competitors when it bought the exclusive streaming rights to Walt Disney Co. movies but some subscribers found themselves clutching their wallets, fearing the coup would result in a price increase.

Not so, says a senior Netflix executive.

Ted Sarandos, the company's chief content officer, told analysts at the UBS Global Media and Communications Conference that the Netflix is not planning to raise prices to finance the deal, which gives Netflix exclusive rights to stream Disney movies beginning in 2016, Reuters reported.

Although the price wasn't revealed, industry sources say Netflix paid more than $350 million for rights to Disney's live-action and animation films.

"We are not contemplating" raising the $8-a-month subscription fee for unlimited online viewing, Sarandos said during an interview with filmmaker Harvey Weinstein at the event, Reuters said.

Netflix got a major jump on its competitors when it bought the exclusive streaming rights to Walt Disney Co. movies but some subscribers found themselves c...

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Verizon dishes up 75 channels on its iPad app

Trailing a few steps behind Cablevision and Time Warner, Verizon is making 75 channels available to its FiOS TV and Internet customers via their iPad. But unlike Cablevision and Time Warner, the service doesn't include local TV channels. 

Comcast, meanwhile, has added the ability to download content from some premium channels which were previously available only through on-demand. 

Verizon's iPad app went on sale last week in the Apple iTunes App Store.  

To use the feature, customers must subscribe to both FiOS Internet and TV service, and must use a Verizon-provided router. Live TV on the iPad is accessible only within a customer’s home over Wi-Fi.

Comcast's additions

Comcast has updated its service for mobile devices. Besides on-demand streaming of premium channels, subscribers can no download some content for offline viewing. Arriving simultaneously on iOS and Android, the Xfinity TV Player apps support downloads from premium channels Showtime, Starz, Encore, and MoviePlex.

Verizon channels

The 75 networks available through the FiOS iPad app -- available to customers based on their TV subscription package -- are: TNT, TBS, Spike TV, USA Network, FX, HGTV, Food Network, Travel Channel, DIY, Style, History, National Geographic Channel, TLC, Discovery, H2, Military History, NatGeo Wild, Science, ID, Animal Planet, Military Channel, TV Land, AMC, TCM, Hallmark Channel, Nick, Nick Jr., TeenNick, Nicktoons, Sprout, The Hub, Disney Channel, Disney Junior, Disney XD, Boomerang, Cartoon Network, MTV, MTV2, CMT, MTV Jams, VH1, VH1 Soul, Fox News, CNN, HLN, Fox Business Network, CNBC, MSNBC, BBC World News, Galavision, TV One, BET, Centric, Comedy Central, truTV, ABC Family, A&E, Syfy, Bravo, E!, G4, BBC America, TV Guide Network, HBO, HBO2, Cinemax, Epix, IFC, ESPNews, NFL Network, Lifetime, Lifetime Movie Network, OWN, Oxygen and We TV.

Trailing a few steps behind Cablevision and Time Warner, Verizon is making 75 channels available to its FiOS TV and Internet customers via their iPad. But ...

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Black Friday Emerson TVs causing problems a year later

No matter how much we get attached to our computers and mobile devices, consumers will probably always have a need for televisions. Sure it’s cool that you could watch an episode of "Modern Family" on your smartphone let’s say, but that doesn’t mean you want to do that all the time.

There’s something about having the ability to recline in a number of positions and being able to view your favorite program on a lush flat-screen television.

I mean, of course a flat screen or any other television for that matter isn’t necessary and many have survived without one, but with all the cool TVs that companies are making today it’s hard to keep your mind and hands off of them.

The love affair with the television itself was rekindled when brands started rolling out the flat-screen models, which are now the standard when it comes to purchasing a TV.

The Emerson Syndrome

Consumers rate Emerson TVs

Emerson, a major player in electronics, is one of the most popular TV brands. There are plenty of flat screens to select when it comes to Emerson TVs, but one of the choices we’ll focus on is the Emerson 32-inch Class 720, which varies in price, but goes for about $300 on Walmart’s website and in other online stores.

The reason we’re picking on the Emerson’s 32-inch is because of the stir it has caused among our readers for blowing a fuse and completely breaking down while it was still new. In many cases the TV didn’t even last until its warranty date.

“I bought an Emerson 32-inch TV in Walmart last Thanksgiving 2011,” wrote Nelson of Manchester, N.H. in a ConsumerAffairs posting. “My wife and my daughter were watching TV last Tuesday (Nov. 13, 2012), when all of a sudden, the TV power turned off and since then it didn’t return.”

“We called Wamart but they told us to call Emerson. We contacted Emerson but they said we have to pay $70 for the labor. And we have to send it to them for the repair. It was disappointing that their TV lasts only for a few months, not even one year,” Nelson wrote.

Sherri of Georgia also found the 32-inch flat screen disappointing, and just like Nelson she purchased one on Thanksgiving 2011, and experienced similar results.

Also, after Sherri’s TV stopped working before the one-year warranty was up, she had to pay the $70 labor charge like Nelson, which defeats the entire purpose of having a warranty, doesn't it?

Her reasoning was just like many of ours would probably be in similar circumstances--which is, why do consumers have to pay  for a product that stopped working so quickly, especially when a hefty amount was plunked down on it? It seems the more you pay for a product the more duped you feel when it fails.

“I bought a 32 inch Emerson LDC TV at Walmart on Black Friday 2011,” wrote Sherri in her posting.

“The TV was bought for a guest room and not used very often. I went to turn it on last weekend (10/07/12/) and it will not turn on. It is plugged in to a surge protector as well as the cable box for that room, the cable box works fine. I moved the TV to an outlet in another room to try it—still no power and [it] will not come on."

“I called Funai Customer Service from the warranty information I got from Walmart on this model LCS20EM2F and they told me it would be $70 for them to diagnose repair and return,” explained Sherri.

It's not just our readers who are unhapy. We conducted a computerized sentiment analysis on about 1,100 social media comments about Emerson TVs to find the most frequently-mentioned positive and negative attributes, as shown in this chart:

Black Friday Emersons

Apparently, many of the faulty Emersons  that were purchased by our readers were bought on Black Friday 2011, which is a clear sign that consumers should be on the look-out this year too if they're planning to go the Emerson TV route.

Overall Emerson TVs got only one out of five stars in the ConsumerAffairs customer satisfaction rating, which shows problems just aren’t confined to the 32-inch model.

Angeia of Pennsylvania would probably agree, as she bought the 40-inch Emerson and it didn’t even last a full TV season.

“40-inch flat screen quit in 48 days” she wrote, after having to hire a TV repair person to get the flat screen fixed.

Again, Emerson has seemed to renege on its warranty promise which forced Angeia to take the whole ordeal as a lesson in consumer fairness.

“Yeah, it’s a pain but it was the only recourse I have since Emerson refuses to honorably honor their warranty,” wrote Angeia.

No response

We reached out to Emerson to see if we could get some answers about its TVs blowing a fuse after short use, and why customers were still being made to pay a labor charge for repairs if the TVwas under warranty.

We’re still waiting for the company’s response, but in the meantime consumers may want to raise their antennas of concern a bit higher when shopping for an Emerson this season, especially with so many other reputable brands on the market.

No matter how much we get attached to our computers and mobile devices, consumers will probably always have a need for televisions. Sure it’s cool th...

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Spotify Turns Into a Record Company ... Sort Of

Websites that provide music streaming have been a lifesaver for music consumers.

Prior to sites like Groove Shark and Pandora, people downloaded songs with a level of trepidation since many folks were uncertain about all of the legalities surrounding downloads and if it was okay to share music with other people.

At the top of the music streaming hill is arguably Spotify, which allows users to access a countless array of songs by just a few mouse clicks, and the site has gotten so popular among music fans that the company is now delving into launching artists' careers instead of just hosting their music.

Spotify is first doing this with the Swedish Electronic music duo Cazzette , who doesn’t yet have a record deal but hopes to use the streaming site’s customer base to help bring about a healthy level of notoriety.

The partnership is another tactic that puts record labels even closer to irrelevance when it comes to discovering, developing and launching new artists. That's because since the early days of MySpace, musicians have developed less of a desire to shop their demos to big record companies and more of a desire to release their music to the public by themselves-- without the help of a percentage-gobbling middleman.

Steve Savoca, head of content operations at Spotify, said the company hopes to work with musicians to assist in their pursuits of being successful independent artists.

“We want to be a powerful partner to artists so they can leverage our platform to build strong one-to one relationships with their fans,” he said in an interview with Billboard. “That’s something we’ve been putting a lot of effort into lately.”

If the partnership between Spotify and Cazzette is a successful one, and the band ends up getting the notoriety it’s looking for, it could be yet another blow to the traditional record label approach of marketing--an approach that many already consider a dying dinosaur.

Still a challenge

Up until this point, the growth of the Internet has helped a small number of musicians become big stars, but for most independent artists it’s still a challenge to build a large following by just putting their music on SoundCloud, Last.FM or other artist-friendly sites.

So if Spotify can successfully launch the Swedish band towards global recognition, it could prove that an artist can be successful by allowing fans to stream their music for free, as opposed to releasing a single through a record label that they hope everyone buys.

Alexander Björklund--one half of Cazzette--says that large record sales are really not the band's primary goal and if they can use Spotify to build enough fans who will regularly attend their shows, the money from those shows should be enough to absorb whatever they don’t sell in CDs and then some.

“Album sales are secondary,” he said in a published interview. “Of course the promotion will reflect album sales, but that’s not the main reason we’re doing this. Accessibility and exposure is more important for us, as opposed to selling as many CDs as possible.”

The success of the Spotify and Cassette partnership will also determine how interested other artists will be in releasing their music on the streaming site, instead of seeking out a traditional record deal.

Direct to consumers' ears

Artists are already leery of big record companies and the way they make artists recoup large costs before being able to make money--so Spotify providing an even more direct route to the music consumer will be a very welcomed avenue for many artists.

See, with technology making it much easier for the average person to make and promote their own music, the music consumer and the musician are many times one and the same, which means social networking will forever be linked to the marketing and launch of a new artist. This puts Spotify in a perfect position to be the go-to site for artists who want to release their music to an already built-in customer base.

Björklund says that working with Spotify and using its reputation to help grow their fame provides the group total freedom when it comes to making the music they want and releasing it on their own timetable.

“We have a lot of freedom to release whenever we want,” he said. “Were not tied down to any release schedule, and we can add whatever content we like to our own application within Spotify. It’s an entirely different approach.”

Websites that provide music streaming have been a life saver for music consumers.Prior to sites like Groove Shark and Pandora, people downloaded songs wi...

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Judge says Dish's Hopper Can Keep Blocking Commercials

In the battle between Fox and Dish Network, the winner seems to be the consumer.

Los Angeles judge Dolly Gee recently sided with Dish and said the company’s Hopper feature—which allows one to record shows without commercials—will not harm the network’s revenue stream by allowing viewers to skip the ads.

Lawyers for Dish said Judge Gee’s ruling gives a bit more viewing power for the consumer, who should have the right to watch or skip over a commercial if they choose. 

“Dish is gratified that the Court has sided with consumer choice and control by rejecting Fox’s efforts to deny our customers access to Prime Time Anytime and AutoHop, said Dish lawyer Stanton Dodge in a statement.

“The ruling underscores the U.S. Supreme Court’s Betamax decision, with the court confirming a consumer’s right to enjoy television as they want, when they want, including the reasonable right to skip commercials, if they choose.”

No other challenges

As we previously reported, Prime Time Anytime and AutoHop are features that come with the Hopper digital recorder, that records prime time shows on CBS, ABC, NBC, and Fox, and so far none of the other networks have challenged Dish or its AutoHop feature by filing an injunction.

Fox did score a minor victory however; when Judge Gee said Dish has been breaking the agreed-upon contract with the TV channel and is overstepping copyright laws by copying its shows.

“We are gratified the court found the copies Dish makes for its AutoHop service constitute copyright infringement and breach the parties’ contract,” Fox said in a written statement. “Dish is marketing and benefitting from an unauthorized VOD service that illegally copies Fox’s valuable programming.”

Dish’s Hopper seems to be growing in popularity since the company released the recording feature in March of this year, and to promote it, a series of commercials featuring a family with strong Boston accents explains how the Hopper can record up to six shows and be played back in any room of the house simultaneously.

Some viewers miffed

Consumers rate DISH Network

Some consumers have received flyers from Dish saying they would be eligible for a free upgrade for anyone who signed up for the service at a specific time, but according to one of our readers from South Carolina the company didn’t honor this particular offer at all.

“In September I called because we were in the process of purchasing a new HDTV and I wanted to get the Hopper service, which I had been told I could upgrade to, wrote Sonal in her ConsumerAffairs posting.

“I had also received a flyer stating that the Hopper upgrade was free for any accounts opened between 08/01/12 and 1/31/13. At that time, I spoke at length with 3 different people who all proceeded to tell me that I was not qualified for a free upgrade and it would cost me over $500 if I wanted the Hopper system.”

Sonal's case sounded really unfair to us, so we phoned Dish to get some answers about these types of flyers. We also wanted to see why consumers may receive promotional offers that Dish won't honor. 

According to Dish employee Melissa, oftentimes promotional flyers are mailed by third-party retailers in in your area, and the offers usually pertain only to brand-new customers.

Third parties

She also said that some of these flyers are fake and leave many people duped, so consumers should always check with Dish to verify the validity of the promotional offer.

“Look to see if it’s [the promo flyer] from a third party or if it’s actually through Dish,” Melissa said. “I would do some research online, because sometimes people will put their flyers out there and their not associated with Dish. Unfortunately that is how people get taken.”

Also, “See what you can find [through online research] if there’s an actual company name on there. If there is a company name on that flyer what we can do is, you can give us a call and we can pull it up and find out if they’re a third party that’s associated with us,” she said.

As far as Dish’s victory over Fox about the Hopper, the judge said she didn’t find any real proof that Fox was losing revenue due to Dish recording shows and removing commercials.

So AutoHop and the Hopper remain, giving viewers the wonderful option to skip over annoying TV ads.

In the battle between the Fox channel and Dish Network, the winner seems to be the consumer.Los Angeles judge Dolly Gee recently sided with Dish and said...

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Want to Be On National TV? Youtoo Allows Viewers To Be Television Stars

In case you haven’t noticed, we’re currently living in a time when there’s a fine line between television celebrities and the viewing audience.  

With reality shows like American Idol, The Voice, and The Amazing Race, the chance of everyday people getting on television and becoming famous or at least infamous is at an all-time high.

Certainly, the desire to be on TV is nothing new, as many people develop stars in their eyes and want to give fame, fortune and widespread notoriety a try.

Well, the company Youtoo is giving people their chance to be in the television spotlight, by allowing consumers to upload a brief video from their computers or smartphones, which can then be submitted to the company to be aired on national TV.

Here’s how it works: Viewers need to subscribe to Youtoo’s cable channel and download either the network’s app or go to its website to record their video or “Famespot” as the company calls it.

Once the video is made you then send it electronically to Youtoo where it gets distributed to a TV producer--and if your video is selected, it will run during the course of one of the network's television shows.

Not grainy

And your TV spot won’t be the dark grainy image that's sometimes seen on YouTube posts, as it will be converted to a high-quality format so it matches the TV show's level of visual clarity.

A few years ago when HBO pretty much owned Sunday nights with its back- to-back triple threat of Sex And The City,The Sopranos and Six Feet Under, the network also included short video spots in between the programming, where everyday people walked into video booths and spoke about different topics--which turned the average citizens into 15-minute celebrities.

Youtoo kind of works in the same way, but instead of recording your video spot in front of others, you can do it in the privacy of your own home, and simply send your Famespot directly to the network.

Strict rules

Of course there are strict rules to follow if one expects their video to make it onto TV. Nothing offensive can be used. Obviously, things like swearing or presenting divisive viewpoints are a big no-no, and viewers cannot submit any copyrighted material like song lyrics, other show clips or logos.

Youtoo also has a social media component with its own profile page, so users can notify their friends and followers when their video runs on TV. Also, the app and website can be connected to your Facebook, Twitter and YouTube accounts--so once your video airs, all of your followers will be alerted pretty much immediately.

The company’s CEO, Chris Wyatt, says Youtoo is ideal for those people who always had a desire to be on television and for those folks who regularly use  social media pages.

“Since millions of people want to be on TV, we have an app for that,” he said in a written statement. “Think of it as Facebook meets TV. It’s the evolution of the social network. In addition to interacting with your friends and followers, you can be on national television and interact with millions of people.”

The Famespots aren’t TV commercials or ads, the videos will be about specific questions Youtoo will ask like, “What’s the best vacation place you’ve been to?” so instead of viewers trying to figure out what to say in their videos, the network gives a guideline, so people can inject their own stories and personalities into the video.

True interactivity

The network itself will host a combination of original programming and older shows, and says it’s the first true interactive channel in television history.

Youtoo is also rumored to have a show entitled Say Yes & Marry Me, which allows viewers to propose to their mates on national television. The service certainly isn’t for the shy or those folks who would rather remain low-key.

The submitted videos have to be 15 seconds in length in order to be considered, and the network has specific technology that will automatically sift out any content that it deems inappropriate like hate speech, harsh language or nudity--so those looking to test the show's editorial limits will not make it past the electronic gatekeepers.

For those interested in downloading the Youtoo app can get the Android and iOS versions for free on the company’s website, or go directly to the iTunes or Android app store. They can also upload videos through the company website.

Unless you haven’t noticed, we’re currently living in a time when there’s a fine line between television celebrities and the viewing audi...

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Current TV Could Be Up For Sale

Anybody want to buy a TV network?

The progressive and left-of-center cable channel Current TV is reportedly up for sale after suffering from low ratings and multiple changes in both programming and on-air personalities.

It’s been an interesting seven years for the cable network created and brought to life by former Vice President Al Gore in 2005.

For some viewers Current has been one of the go-to channels for compelling documentaries and political talk, while hiring some pretty big names from both the television and political worlds like former Michigan Governor Jennifer Granholm and co-host of The View Joy Bailey.

Current has even found a place for former New York Governor Eliot Spitzer, whose political career went down in flames after the New York Times reported he was paying for high-priced prostitutes back in 2008.

Since its beginning, Current has seemed to cater to a younger and more politically-minded viewing audience and has often covered subject matter that was either too out-of-the-box or edgy for mainstream media, which has made the network stand out from its competitors.

But sadly, the inventive programming also made it a niche channel that catered to a very specific corner of the viewing audience.

Olbermann ousted

In March of this year, former MSNBC host Keith Olbermann was fired from Current, which spawned a public back and forth between the famed TV personality and the cable network, and since then, Current has really tried to brand itself has a lefty political network, as opposed to years past -- when it shifted between politics and in-your-face-styled exposes.

After failing to reach audiences beyond the younger demographic it catered to, Current has seemingly lost its way in terms of balancing edgy programming with more middle of the road content, which appeals to larger audiences.

And although it reaches about 60 million households in the United States, that doesn't mean many people watch it; many just don't think of Current as the first place to go when it comes to global news, politics or creative documentaries.

As a result the network has suffered, and many have approached Vice President Gore, and Current’s CEO Joel Hyatt, about buying the station and possibly turning it into something entirely new.

“Current has been approached many times by media companies interested in acquiring our company, said Hyatt in an interview with the New York Post. “This year alone, we have had three inquiries. As a consequence, we thought it might be useful to engage expertise to help us evaluate our strategic options.”

If Current TV is ultimately purchased, it will be interesting to see if the network will get a complete makeover or if the new owners will just make some needed adjustments and programming tweaks.

Some may say the station doesn’t need to do that much to appeal to a wider audience, other than include lighter content, maybe some entertainment news, and grab a few more celebrities for interviews and guest-hosting.

It’s sad but this is seemingly what many viewers prefer over content that’s loaded with layered substance and thought-provoking material.

Better marketing

But where Current really needs improvement is in the area of marketing and letting people know what channels it’s on and what times programs run. Also what hurts the station is not being able to successfully promote and market itself outside the demographic that it’s trying to reach.

For some reason the network has done a lot of preaching-to-the-choir  marketing, while those not familiar with Current remain in the dark.

There has been no official word about any specific offers in terms of dollar amount, but it’s pretty safe to say that Current may not be Current in the near future, as the new owners could take it from a source of creative programming to just a plain old cable network. Stay tuned, folks.

Anybody want to buy a TV network?The progressive and left of center cable channel Current TV is reportedly up for sale after suffering from low ratings a...

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Hulu and Hulu Plus: Good Enough to Replace Cable Television?

I love when websites let you view content for free.

Remember when YouTube first popped up and you realized you could stream an endless amount of videos without paying or providing your credit card information?

Or do you recall the first time you used iTunes and couldn’t believe the new and revolutionary music library was actually available to download?

The website Hulu is sort of like that, as it offers a bevy of programming from television and cable networks like Fox, NBC, A&E and Comedy Central, and it doesn’t cost viewers anything to use it.

Consumers don’t have to download any software either; they only have to have a good Internet connection and a computer enabled with Flash, the company says.

And unlike Netflix, iTunes and other online sources of video, no one has posted any reviews -- good, bad or indifferent -- which is probably a good sign.

What’s also cool about the streaming website is you can watch shows, movies, documentaries and other content without being worried that you’re doing something illegal.

It’s nice that Hulu gets the rights to the content beforehand, so users can enjoy Family Guy let's say -- without worrying about being tackled by Federal Agents while using the laptop.

410 providers

Currently the company says it has 410 companies that provide content, which gives consumers a pretty hefty selection of viewing options to choose from. But unfortunately, certain popular shows aren’t included on the site like Breaking Bad, The Good Wife or my all-time favorite The Sopranos.

When I tried to access these shows, Hulu said it hasn’t yet secured the rights to them, along with other shows that users may be searching for. But it continues to try and work out a deal with the networks, so the website can be a complete one stop shop for just about any viewing choice.

In the meantime, Hulu provides other content that’s associated with the shows they don’t have yet.

For example, although full episodes of The Sopranos aren’t available on Hulu, users can watch related content like when Eddie Falco -- who plays Carmella Soprano -- was on the Tonight Show with Jay Leno, or they can watch the cast of Breaking Bad being interviewed and listen to them break down past episodes for hardcore fans.

Also, shows that are absent from Hulu like The Good Wife  can still be accessed, as the company provides a link to the network the show originally airs on.

The fact that Hulu provides you an outside link is pretty impressive, because it could easily hide the fact that you can go elsewhere to view programs the company doesn’t have.

Hulu Plus

Hulu Plus is slightly different in that it’s not free and will run you $7.99 a month. On the company’s website it’s pretty hard to determine the main difference between Hulu Plus and regular Hulu, so I called the customer service number which also seems to be pretty hard to locate on the site.

Although many companies have a room full of customer service people, they really want you to either go to the frequently asked questions for answers, or want you to email your question in — which usually means waiting at least a day or two to get your question answered, and that’s hardly ever convenient.

Luckily, I was able to track down the toll-free number, which is 1-877-485-8411, and a company rep told me the main difference between the two Hulus is you get more viewing options with the Plus version.

“You get access to more content as well as HD quality,” explained the company representative.

“Let’s say like the show New Girls, without the Hulu Plus subscription you have to wait eight days after the new episode airs in order to watch it. With Hulu Plus you get to watch it the day after it airs."

"We only have the current season of New Girls, but with other shows like Grey’s Anatomy, we have all nine seasons and you can watch it if you’re a Hulu Plus member," she added. "But if you’re a free Hulu user you can only watch the most recent five episodes of the current season.”

Nothing missing?

The rep also said if you’ve been using the free version of Hulu and don’t seem to be missing any of the shows you’re interested in, it may not be necessary to purchase the Plus version.

Also, certain shows may be blocked if you only have the free service, so it really depends on what your favorite shows are to determine which version is best for you.

“If you’ve been using the classic Hulu and you haven’t run into the issue of needing Hulu Plus, it’s possible that you don’t need it. But if you keep running into 'This is for Hulu Plus only,' then it’s something worth trying out,” said the rep.

You certainly have to give the company credit for being honest and not forcing its $7.99 monthly subscription fee on consumers, as many companies would try to steer you away from the free version of the service.

Also, with Hulu Plus the company says you could access shows on mobile devices, game consoles, and Smart TVs -- which seems to be the way many people are watching programs nowadays.

Additionally, the Plus version gives you access to Spanish programming on Univision.

Occasional commercials

What’s also different about Hulu Plus that many folks probably won’t like, is viewers will see occasional commercials throughout the programming, but the company says it’s only a small amount and it’s nothing compared to the heavy amount of ads you’ll experience watching a show on network television.

Some may ask, "Is this a better alternative to cable television"? Like most of the products and services people purchase, it really depends on the individual and how they plan to use that product or service.

If you’re the type of viewer that only watches a handful of shows, and could care less about the other million channels that cable offers, Hulu might be right up your alley, whether it’s the free or paid version.

Both Hulus offer original programming that cable or network television stations won’t have, which may be a benefit for those who like edgy programming — because script writers can always get away with more on the Internet than on network TV or cable.

But if you’re the type who likes to wander around all of the channels, and surfing from channel 2 to channel 600 is part of your viewing enjoyment, you may want to stick with cable, even with the ridiculous costs most companies charge.  

Also, bundling Internet and phone service along with cable is preferable for some, which is another reason it may be better in some cases.

But all and all, there’s isn’t too much bad you can say about Hulu—at least not yet—and just like Netflix, YouTube and iTunes, the program and movie website is a step in the right technological direction.

I love when websites let you view content for free.Remember when YouTube first popped up and you realized you could stream an endless amount of videos wi...

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Nintendo Slashes Price of Wii to $130

The Wii game console was different from its competitors when it was introduced six years ago. Users didn't just sit passively on the couch pushing buttons -- they got up and moved around.

Now that Nintendo is preparing to launch a new generation of the popular game system, it's cutting the price of the original to $129.99. Nintendo says the price cut goes into effect October 28 and the bundle will include copies of Wii Sport and Wii Sports Resort. The current bundle includes New Super Mario Bros.

The price cut comes just ahead of the November 18 planned launch of the new generation Wii game system - Nintendo Wii U., starting at $299.99.

Still a hit

"Almost six years after its release, people are still attracted to the pure, inclusive fun of the Wii console," said Scott Moffitt, executive vice president of sales and marketing for Nintendo of America. "A new suggested retail price and the inclusion of two excellent games make it an easy choice for families looking for a great value this holiday season."

Wii has attracted a different segment of the gaming market. While Xbox and PS3 are popular platforms for fantasy-oriented games, Wii is heavily sports oriented. Its controllers respond to movement and players must often move around, burning calories while they play.

How healthy?

A number of health experts have looked at the Wii console for its cardiovascular benefits. While most say there are limits to its effectiveness, most concede it's healthier than other types of games that don't require movement.

Wii Sports and Wii Sports Resort games are examples that helped push the industry to move towards video games motion control. The games include a variety of sports that use singular controls.

Players can test their skills in games like bowling, tennis, baseball, archery, table tennis, and basketball, all while simulating real-life movements using the Wii Remote Plus. For the first time, both games are included on one game disc.

The Wii system was an instant hit when it debuted in 2006. Nintendo says it has sold 95 million units since then.

The Wii game console was different from its competitors when it was introduced six years ago. Users didn't just sit passively on the couch pushing buttons ...

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'Let's Go Crazy' Case Heads to Court

Can babies dance to recorded music? Yes, but only so long as no one posts a video of it to YouTube. That's the position Universal Music Corp. has taken in a case that highlights the extremes to which copyright holders will go to protect their turf.

The case -- widely regarded as absurd -- began back in 2007 when Stephanie Lenz's toddler son began dancing in the family's kitchen while Prince's rendition of "Let's Go Crazy" played in the background.

Lenz thought it was cute, an assertion most of the parties to the case do not dispute, and recorded a 29-second video which she then posted to YouTube so her family and friends could see it.

Not amused

But over at Universal, the legal staff was not amused and fired off a takedown demand to YouTube. Copyright law permits copyright holders to file such demands when their material is wrongfully displayed on Internet sites. It's intended to stop wholesale pilfering of software, music, books, articles and photos.

But there is also something called the Fair Use Doctrine, under which brief snippets of copyrighted material can be used -- quotes from a book or newspaper article, for example.

This cuts no ice, however, with the music and movie industries, known for being inflexible, even outrageous, in their demand that their customers toe the line.

Most consumers will bow to legal actions by giant corporations but Lenz fought back. With the help of the Electronic Frontier Foundation, she filed a lawsuit asking the court to hold Universal accountable for its actions.

A district court ruled in her favor, holding that content owners must consider fair use before sending copyright takedown notices.

Next Tuesday, Oct. 16, the case goes back to U.S. District Court in San Jose, Calif., where EFF Intellectual Property Director Corynne McSherry will ask the court to grant Lenz's motion for summary judgment in this case and rule that Universal's takedown was improper and an abuse of the Digital Millennium Copyright Act (DMCA).

"Parents are allowed to document and share moments of their children's lives on a forum like YouTube, and they shouldn't have to worry if those moments happen to include some background music," said McSherry. "Content companies need to be held accountable when their heavy-handed tactics squash fair use rights. We hope the judge gives Ms. Lenz the closure she deserves, and shows content owners they can't trample over users' rights."

Can babies dance to recorded music? Yes, but only so long as no one posts a video of it to YouTube. That's the position Universal Music Corp. has taken in ...

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Could The Website Rap Genius Be The New Wikipedia?

What if there was a website that could translate and simplify things that may be hard to understand?

For example, you’ve heard famous tidbits and quotes of John F. Kennedy’s “ask not what your country can do for you" speech, but maybe the speech was before your time and you want a contextual breakdown of what it means.

Or maybe you love an opera song you’ve recently heard, and although you really appreciate the music and vocals, you have no idea what the words mean. Wouldn’t it be cool if you could click on the unknown information, so you could get a clear and concise dissection of it?

If the answer is yes, you may want to check out the website rapgenius.com, created by three Yale students back in 2009. Many people have already discovered the site, as Rap Genius gets about 500,000 hits each day, according to reports.

But for those who haven’t used the site, it was created so users can find out the true meanings of today’s popular Rap songs and lyrics, and recently the three Ivy League friends received a $15 million investment from the firm Andreesen Horowitz, which have already invested in companies like Facebook, Twitter, Pinterest and Foursquare.

The meaning of it all

For the past three years Rap Genius has broken down popular and obscure Rap lyrics that are usually encased in daily shifting slang, pop culture references, and regional speak. Users can go to the site, choose a song and click on the lyrics for the background meaning.

And the analysis isn’t done mockingly either; many users contribute to the site and explain the meanings of Rap lyrics in a very thoughtful and articulate way, so if you have a serious interest about understanding the gist of today’s most popular songs, Rap Genius is the place to go. It also breaks down songs from other genres of music too.

With the new $15 million investment, founders Tom Lehman, llan Zechory, and Mahbod Moghadam have plans to grow the website so it can simplify other things besides music too.

Just a few weeks ago, during the Democratic National Convention, Rap Genius added Barack Obama’s convention speech to the site, so users could click on the words and get facts and contextual meaning. The company plans to add other things that also may be hard to understand like a new law put in place or a political debate, so people can understand everything that was argued.

"Knowledge about knowledge"

Ben Horowitz, co-founder of Andreesen Horowitz believes that getting people to clearly understand everything they are hearing and seeing is of countless value, which is why he says Rap Genius has become so successful since its inception.

“Knowledge about knowledge over time becomes as important as the knowledge itself,” he said in an interview.

His partner Marc Andreesen agrees, and says if more information online had the ability to be analyzed and simplified by users, consumers would benefit a great deal from it.

“I often wonder how the Internet would have turned out differently if users had been able to annotate everything, to add new layers of knowledge to all knowledge, on and on, ad infinitum” he wrote. “And so 20 years later Rap Genius finally gives us the opportunity to find out. It’s an ambitious mission and one we are proud to get behind.”

And the company won’t be alone, as even more people are bound to get behind the site too. If Rap Genius can successfully pull in the user who isn’t a Rap fan, and interest the person who couldn’t care less about the meaning of Rap lyrics, it can grow to enormous heights.

See, many people who are turned off by Hip-Hop are pushed away by some of its harsh content, and its in-your-face-manner, but one has to remember that Rap music is a part of youth culture -- and historically, it’s always been a part of youth culture’s plan to make the generation before it just a little uncomfortable, and even offended at times and that type of contrived rebellion has been consistent throughout time, but for some reason when it comes to Rap music, all of that is forgotten a lot of the time.

Also, only a small portion of Rap music is the curse-riddled hardcore street version that’s popular on radio and TV. Hip Hop music with more thoughtful and gentler themes have always been extremely underexposed.  

If the founders of Rap Genius can somehow lure non-rap consumers to its site, while still keeping its unmistakable Hip Hop name, the possibilities are endless for the company. Horowitz says getting his firm to work with a Hip Hop company was his biggest challenge in securing the investment dollars for Rap Genius.

“That was the thing that got the most resistance at the firm in making the investment,” he said. “That I was interested in rap and it was Rap Genius. It was like, ‘Ben what are you doing?’ ”

“The rappers and hip-hop community are the main investors of the modern culture, not in the U.S. but worldwide. They drive so many things from a culture creation standpoint. If you are a community-based site, starting with the culture creators is genius, to use the term,” Horowitz said.

What if there was a website that could translate and simplify things that may be hard to understand?For example, you’ve heard famous tidbits a...

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Kids' Fan Sites Slapped With $1 Million Penalty

The operator of fan websites for music stars Justin Bieber, Rihanna, Demi Lovato, and Selena Gomez has agreed to settle Federal Trade Commission charges that it illegally collected personal information from children under 13 without their parents’ consent. That's a violation of the Children’s Online Privacy Protection Act (COPPA).

The Federal Trade Commission (FTC) charged that the website operator, Artist Arena, a division of Warner Music Group, violated COPPA, which requires that website operators notify parents and obtain their consent before they collect, use or disclose personal information from children under 13.  Besides a $1 million penalty, the company will be required to delete all of the information collected in violation of COPPA.

“Marketers need to know that even a bad case of Bieber Fever doesn’t excuse their legal obligation to get parental consent before collecting personal information from children,” said FTC Chairman Jon Leibowitz.  “The FTC is in the process of updating the COPPA Rule to ensure that it continues to protect kids growing up in the digital age.”

According to the FTC, Artist Arena operated fan websites such as www.RihannaNow.com, www.DemiLovatoFanClub.net, www.BeiberFever.com, and www.SelenaGomez.com where children were able to register to join a fan club, create profiles and post on members’ walls. 

Children also provided personal information to subscribe to fan newsletters.  Artist Arena falsely claimed that it would not collect children’s personal information without prior parental consent and that it would not activate a child’s registration without parental consent, the FTC alleged.

According to the complaint, Artist Arena knowingly registered over 25,000 children under age 13 and collected and maintained personal information from almost 75,000 additional children who began, but did not complete the registration process. 

The operator of fan websites for music stars Justin Bieber, Rihanna, Demi Lovato, and Selena Gomez has agreed to settle Federal Trade Commission charges th...

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Redbox Offering New Ticket Service For Live Events

After announcing plans to team-up with Verizon to challenge the video streaming kings Netflix in home entertainment, Redbox is looking to expand its brand and services even further. The Illinois-based company announced it’s getting into the live event business and consumers will soon be able to pick up tickets at each Redbox kiosk for local events.

The expansion is first being tested in Philadelphia later on this month, and a full on roll-out is tentatively scheduled for 2013 when the ticketing service will be offered on the West Coast.

Consumers rate Redbox
What used to be a company that was seemingly only interested in DVD sales, Red Box has made some pretty aggressive moves in the past year to expand its reach, as the company is slowly going from a movie rental destination, to becoming almost a full-fledged entertainment company. And Redbox is looking to spread its professional wings even further said company executives.

“With the support of consumers and our partners, we hope to bring Redbox Tickets to more cities nationwide, with the potential to reach the Chicagoland area,” said Anne Saunders in a published interview.

$1 fee

It was also revealed that tickets for live events will be offered at either face value or slightly under, coupled with a $1 transaction fee for each purchase.

Redbox will begin its Philly ticket launch with about 650 kiosks, and immediately consumers will be able to pick up tickets for major events like music concerts, NASCAR races, Villanova University basketball and football, and a slew of other events.

The new service will also allow entertainment seekers to print out their tickets at home under Redbox’s online service, which will provide the company with yet another added component that consumers may flock to.

The new ticketing service comes at a time when Redbox has seen a slump not only in sales figures but possible relevance, as DVDs are quickly being passed over for movie streaming, which has caused the company to do an about-face in terms of increasing its relevance and overall services.

Whether its new streaming and ticket services will really challenge companies like Netflix, or other companies that offer tickets remains to be seen, but without these new and very timely ventures it’s possible the Redbox company could have quietly slid off to an area of oblivion. “I see no reason that this is not something that could expand more broadly,” Saunders said.

And Redbox isn’t only offering tickets for arena sized events, as it's also doing business with smaller venues like local zoos, festivals, museums, and other local companies.

Aiming for Ticketmaster?

Consumers rate Ticketmaster
If the ticketing service is rolled out in the correct way, it could cut in to some of Ticketmaster’s business, as Redbox doesn’t have to familiarize consumers with its brand, it simply has to communicate its new services properly. Its bulky red kiosks are as ubiquitous as the shopping malls they sit in front of, making it practically a no-brainer if one wants to quickly pick up a ticket on their way to purchase their weekly shopping items.

However, one of the challenges for Redbox will be to turn around some of its missteps, as many customers have complained of service that has been far from superior. 

“I have returned movies several times over the past few years and then been charged for them, as have several of my friends,” wrote Terry of Fairhope, Ala., in a ConsumerAffairs posting.

“Every time I email or call Redbox, they have some sort of excuse why they are unable to refund me the money. This last time, they said if I could provide them with the return receipt, then there would be no problem, which of course I provided them with and a copy showing what my account was charged."

“Needless to say, that was 2 weeks ago and I now have an email from them stating once again why they do not think they owe me even after I gave them black and white information as to the fact that they do. I have spoken to multiple people about this problem only to find out how common it is and they too have had the same issues,” Terry said.

Hopefully Redbox won’t bring over some of its billing mishaps over to its new ticketing service.

After announcing plans to team-up with Verizon to challenge the video streaming kings Netflix in home entertainment, Redbox is looking to expand its brand ...

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16 & Pregnant and Teen Mom: Do These Shows Hurt or Help Teenagers?

Maybe you’ve caught it already maybe you haven’t, but surely you’ve at least heard of the reality documentary-styled MTV show “16 & Pregnant” and its  successor “Teen Mom.”

The series first aired in the summer of 2009 and since its debut, reviews of the show have stemmed from, “I kind of like this show, I think it’s helpful for some teenagers," to “This is so exploitive, I’ll never let my child even get a peek at this stupid show.”

Possibly a good mediator between the opposing opinions is a study conducted by The National Campaign To Prevent Teen and Unplanned Pregnancy. The non-profit group says that programs like 16 & Pregnant have really helped teenagers by truly depicting how difficult life is for young mothers still in high school.

For those who have never seen the show, it centers on a group of 16-year-old mothers from different parts of the U.S. and each teenage girl is followed by cameras in their own individual story. Both 16 & Pregnant and Teen Mom show portrayals of struggle, as each character faces a bevy of challenges which are all related to being pregnant as a teen.

More good than bad

Most of the characters on the show deal with issues like fighting with  suddenly disinterested boyfriends, to arguing with frustrated parents, to coping with a bunch of financial challenges. And the folks at the National Campaign believe the show does more good than bad when it comes to preventing teen pregnancy. In fact, they believe 16 & Pregnant only does  good for young people.

In a survey of 1,008 kids from ages 12 to 19 who have watched 16 & Pregnant, 82 percent believe the show helps them and other teens grasp the real obstacles of teen pregnancy as well as becoming a parent. The study also revealed that 79 percent of teenage girls and 67 percent of teenage boys said 16 & Pregnant makes them think about the challenges of teen pregnancy, especially if they see a character they like have difficulties on the show.

In addition, 76 percent of teens said a good way to initiate frank sex talks with their parents is by seeing something on TV about relationships, sex or love, and 48 percent of teens said they actually have these types of conversations with their folks after seeing programs like 16 & Pregnant or Teen Mom.

Amy R. Kramer of The National Campaign said 16 & Pregnant does a stellar job of showing realistic portrayals of teenagers having babies, and she feels the show doesn’t exploit young pregnancy; it actually informs teens about  specific dangers.

“The way pregnancy and parenthood are portrayed isn’t glorified or glamorous,” she said about the MTV show. “It’s upfront and honest. I don’t think you can sit through any episode and say, ‘Wow that looks awesome.’ "

Fame and notoriety

Paul Wright, an assistant professor of telecommunications at Indiana University College of Arts and Sciences, says that 16 & Pregnant does depict bits of reality as it pertains to teenagers having children, but the popularity of the show can send the message that becoming pregnant during your teen years could get you a little fame and notoriety.  

“The programs were developed to show young women how difficult it is to be a teen mom,” he said.

“They were intended to be program-length public service announcements discouraging teen pregnancy. But critics said the programs send mixed messages. My viewing of the programs suggested the same. On one hand, the programs do show many of the difficulties teen mothers face. But on the other hand, they sometimes seem to send the message that getting pregnant was all for the best,” Wright said.

However Bill Albert, a spokesman for the National Campaign strongly disagrees with the criticism the show has received, and says television is just the most convenient target to blame for some of society’s most consistent ills.

“Entertainment media is one of the nation’s favorite punching bags, but we have to acknowledge that when we’re talking about teen pregnancies media can be and often is a force for good, and that is particularly true when it comes to show like 16 & Pregnant.”

“Some critics say these shows glamorize teen pregnancy, but our survey data shows that’s not the case. That not only do they not glamorize it, but teens who have seen it suggest it makes the realities of teen parenthood more real to them,” he said.

All-time low

According to the Center for Disease Control and Prevention teen pregnancy has hit an all-time low, as in the year 2010, 367,752 babies were born to teenage mothers ages 15 through 19, which is a 9 percent drop compared to the previous year.

It’s safe to assume that hardly anybody would say the lower numbers of teen pregnancy is attributed to the folks at MTV, 16 & Pregnant or Teen Mom, but Albert believes at the very least the show is a conversation starter, which could be the highest hurdle to leap for any parent when it comes to discussing sex or pregnancy with their children.

“What you seen on TV as a parent isn’t always exactly what you’d want your teen to know or say or see, but it does deflect the conversation from, ‘What are you doing? To more of an abstract, and that can be a good way to start conversations,” he said. “The fact is this is not your parents sex talk, not a one-time white knuckle conversation, but this should be an 18-year conversation that you’re having with your kids.”

Maybe you’ve caught it already maybe you haven’t, but surely you’ve at least heard of the reality documentary styled MTV show “16&n...

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Newest Source of Movies, TV Series: Nook Video

Here's the latest entry in the digital movie and TV series sweepstakes: Barnes & Noble. It's unveiling its new Nook Video this fall, featuring newer hit movies, classic films, and original TV shows from major studios including HBO, Sony Pictures Home Entertainment, Starz, Viacom, and Warner Bros. Entertainment, plus movies from The Walt Disney Studios.

Barnes & Noble says its "expansive digital collection" of popular films and television shows will be available anywhere on Nooks, TVs, tablets, and smartphones. It's a major challenge to Netflix, Amazon, Apple and other online distributors of digital content.

Nook Cloud

Videos that are streamed and downloaded from the Nook Store will be stored safely and securely in the Nook Cloud, so Nook Video content can be enjoyed on Nooks and other devices via soon-to-launch free Nook Video apps, Barnes & Noble said. As with the Nook Reading apps, Nook Video apps will seamlessly work together so customers can pick up watching right where they left off on any of their connected devices.

Consumers rate Barnes & Noble

Nook Video will also integrate a customer’s compatible physical DVD and Blu-ray Disc purchases and digital video collection across their devices through UltraViolet. Customers will be able to link their UltraViolet accounts to the Nook Cloud allowing them to view their previously and newly purchased UltraViolet-enabled movies and TV shows across Nook devices and Nook Video apps, as well as through third party applications. 

“As one of the world’s largest retailers of physical video discs and digital copyrighted content, our new Nook Video service will give our customers another way to be entertained with a vast and growing digital video collection, as part of our expansive Nook Store,” said William J. Lynch, Chief Executive Officer of Barnes & Noble. “The launch of our new digital video service with our long-time studio partners allows us to bring award-winning current and classic movies, TV shows, documentaries and more to millions of customers’ screens, coming soon.”

“With the great success of the Nook tablet and Barnes & Noble’s in-store promotional efforts, we are very excited to bring our acclaimed programming to the Nook Store,” said Henry McGee, President, HBO Home Entertainment. “Nook Video offers a customized and convenient way for entertainment enthusiasts to own award-winning shows such as Game of Thrones®Boardwalk Empire®Girls(SM), and True Blood® and enjoy them across a multitude of devices.”

Here's the latest entry in the digital movie and TV series sweepstakes: Barnes & Noble. It's unveiling its new Nook Video this fall, featuring new...

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Vimeo Adds a Tip Jar

You tip the barista who whips up your brew and we hope you tip the shuttle-bus driver who helps you with your bags. You may even tip the guy on the corner who doesn't do much of anything.

So why not tip the hard-working content slaves who produce that little piece of video you just enjoyed on Vimeo?  Soon you'll be able to do just that. The video-hosting site is adding a virtual tip jar today and says it will have an optional paywall available within the next few months.

"Empowering creators to make money from their videos is a logical next step for Vimeo as a service and an opportunity to expand the overall marketplace for video creators and viewers,” said Vimeo CEO Kerry Trainor. “Established creators and emerging talent alike can connect directly with their audiences without the need to conform to industry standards around video format, price or timing releases.”

We're sure Trainor is all sincere and stuff about helping struggling content producers but it's worth noting that, just like the barista's boss, Vimeo will have its hand in the tip jar. It will keep 15% of gross revenue.

Trainor notes that while consumers haven't rained down money on every online request for donations, there have been some pretty spectacular successes with crowd-funding over the past few years and he thinks the time may be right for the tip jar approach.

Of course, if the tip jar doesn't work, content producers can take a page from the cruise lines that automatically add tips to the ticket price: they can use Vimeo's new paywall, which will work just like its cable counterparts: you  watch, you pay.

YouTube, the biggest video-hosting site, said in April that it would soon be offering a paywall option for live event streaming.

You tip the barista who whips up your brew and we hope you tip the shuttle-bus driver who helps you with your bags. You may even tip the guy on the corner ...

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Is Your DVR a Dinosaur? Advertisers Are Hoping It Is

The digital video recorder, or DVR, is one of those things that seemed almost revolutionary when it was invented, but just a few years later, it's kind of yesterday's news.

You can record a show and watch it later? Big deal. You can record two shows while watching another one? So what? Who needs to do that when there's Netflix, Amazon, Hulu and all those other streaming services?

It's really like comparing iTunes and Spotify or Pandora. Sure, you can download a track or a whole CD from iTunes and lots of people still do. But everyday more people figure out they can have all their music everywhere, anytime, on any Internet-connected device. Eventually, iTunes must -- so to speak -- streamify.

The same is true of video. Nearly everyone who's not in a coma at least occasionally streams video and as more TVs and DVD players come with built-in connectivity, the numbers are expected to grow exponentially.

Hang around an electronics department at your local big box store, eavesdrop a little while and you'll find that a major decision point in many DVD purchases is what streaming services it's able to receive. 

This is not a small phenomenon we're talking about. No. 1 video streamer Netflix is already estimated to use 30% of the available Internet bandwidth in the United States during peak hours. 

More after this ...

There is just one little cloud looming over all this sunny prognosticating -- and it is, yes, advertising.

No one follows media trends more closely than Madison Avenue and at the moment, the Mad Men are lusting after streaming video, seeing it as a magic river of data that lacks nothing except a swarming schools of ads, spots, commercials, call them what you will. 

"Video on demand is going to play a major role in how people consume video going forward," said Alan Wurtzel, president-media and research development at NBC Universal, quoted by Advertising Age. 

Why are ad people so fired up about this? Well, it's pretty simple. You can't fast-forward past commercials when you're watching streaming video. The DVR and its ancestor, the VCR, have caused enough heartburn in adland to keep the Rolaids factory working overtime for decades.

After all, it's the ads that foot the bill for all those prime-time shows. Viewers who skip past the commercials have cost the TV business untold millions of dollars in lost ad revenue.

But, you say, there are no ads on Netflix or Amazon Video. True, but this is today and it's tomorrow we're talking about.

Two Pandoras

If you go back to the Pandora model, there are really two Pandoras -- the one you can get for free and the one you subscribe to. (Actually, there are tiers but let's keep it simple for now). The free one has ads, the paid one doesn't.

While no one is talking about it publicly right now, you can expect something similar in the world of streaming video as it displaces the DVR and, for that matter, over-the-air and cable broadcasts.

Even TiVo, which invented the DVR, is now shifting its emphasis to enabling consumers find what they want to watch wherever it may be in the omnisphere (nice word, eh?) on whatever device they happen to be using at the moment.

For example, TiVoStream, a new service that lets TiVo owners stream shows they've recorded to their iPhone. 

So is all this a bad thing? Well, it's a good thing for the networks and program producers in that it gives them more control over their products and should at least protect and perhaps enhance their revenue stream.

Is that a bad thing for consumers? Perhaps those who think everything should be free will think so. But if everything was free, we wouldn't have much other than what YouTube offered in its early days. Or what Facebook offers today.

Free content sounds good in theory but it takes a lot of money to produce the high-production-value programming Americans and consumers everywhere have come to expect. Streaming video may well turn out to keep the lights on in Hollywood, at 30 Rock and all the other fantasy factories.

Besides, think how much more entertainment-cabinet space you'll have when that bulky DVR is gone. You've already pitched all your old DVDs and CDs, haven't you?

The digital video recorder, or DVR, is one of those things that seemed almost revolutionary when it was invented, but just a few years later, it's kind of ...

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USA Today Turns 30, Gets a Face Lift

If you spend a lot of time in hotels and airports, it's hard to avoid USA Today, the colorful, photo-splashed national newspaper that turns 30 years old this weekend.

Like many other 30-year-olds, USA Today is trying to freshen itself up a bit and get with the times. So, effective tomorrow (Friday), the  Gannett Co. paper will debut a new design that's supposed to be more in tune with the Internet and all things digital.

When the original USA Today made its bow 30 years ago, critics and fans alike said it looked like it was trying to resemble a TV screen. We wouldn't go so far as to say it now looks like it's trying to resemble an iPad screen, but it's certainly moving in that direction.

Also getting a facelift is USAToday.com. It's becoming downright app-like and sort of resembles the Flipboard mobile app. It will make its appearance over the weekend.

"We are making a real investment in USA TODAY, and putting a major focus on reinvigorating the value of print media while introducing new digital products," says Larry Kramer, president and publisher of USA Today. "We want to provide our readers with a unique perspective and relevant context on a full range of issues, across all mediums. We are revolutionizing the way we cover and distribute the news in relevant ways that inform and entertain our readers." 

The complete overhaul of the newspaper is designed to showcase USA TODAY's prowess in visual storytelling and bring "stronger voices" to its stories. The new logo reflects "the pulse of the nation," the company said in a statement.

Concise and "stately" 

The original USA Today building

Gannett, the parent company of USA Today, launched the newspaper on Sept. 15, 1982, with the mission of providing news and information that was clear, concise and presented largely without opinion or unsubstantiated analysis. Its heavy integration of graphics and color photos in the pages, which was controversial at the time of the launch, went on to influence many U.S. and foreign newspapers to inject more style and color into their products.

A unique feature 30 years ago was the centerfold state news section, where USA Today assembled Associated Press and staff news reports from all 50 states, highlighting major state stories that would normally not be seen outside the state where they originated.

Besides being a service for travelers, the state section provided an interesting snapshot for news junkies and policy wonks who for the first time could easily track trends around the country.

There was, believe it or not, no Internet then so news was not quite as easy to come by as it is today.

The state news section, consisting mostly of AP state news reports, was not only the only place in print that one could find routine stories from all 50 states. It was also the only place the AP could find them. Although AP at that time operated news bureaus in all 50 states, it distributed its state news stories only within a two- or three-state radius. Only stories deemed of national interest were sent on to editors in New York and Washington.

USA Today was at that time in a modern, even garish, building in Rosslyn, Va., just across the Potomac from Washington. (It has since moved farther into the Virginia suburbs, to McLean). I was at that time chief of the national broadcast desk in Washington and several of us trooped over to Virginia to see this technical marvel -- routine, even dull, stories from all 50 states in one location. 

The new look of USA Today is designed to take "visual storytelling to the next level" by displaying more color, photos and infographics, USA Today says. The States page will contain photos for the first time, while the Weather page will sport a cleaner look.

USA Today's new logo -- a large circle in colors corresponding to to the sections -- will be an infographic that changes with the news, containing a photo or image that represents key stories of the day.

If you spend a lot of time in hotels and airports, it's hard to avoid USA Today, the colorful, photo-splashed national newspaper that turns 30 years old th...

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New Fantasy Football App Sets Itself Apart From The Rest

Fantasy Football has become quite popular in recent years, and with each rise in technology, the virtual sport of choosing players and teams has spread faster and has gained more ground than an All-Pro NFL running back.

The folks over at Viggle, the television app that gives you redeemable points for watching TV shows, have created a real-time fantasy sports app called MyGuy.

What’s different about MyGuy from other fantasy sports apps is its real-time capabilities -- users can select fantasy players while the game is still going on, and you'll accumulate points if one of your players scores.

Chief Operations Officer and President of MyGuy Chris Stephenson says the new app speeds up the competition aspects of fantasy sports, by users having the opportunity to gain instant point totals. “It is a fantasy app, but there’s one big difference, he told the New York Post.

“With fantasy football you have to draft players and wait through the entire season. This is different because you can pick the player right there and then and that player is getting them points on every play. It’s a form of fantasy football but it is instantaneous. It’s fantasy sports meets instant gratification,” he said.

Branching out

Stephenson says branching out to the sports realm only makes sense as it’s arguably the biggest and most far reaching form of entertainment in the United States, and creating MyGuy isn’t a risky expansion move since the nationwide customer base is already there.

“When you look at what drives social TV, the thing that really drives it is sports,” he said. “There’s lots of activity around other things like the VMAs, but on a week-to-week basis, game-in, game-out, no matter what the sport, this is what generates the most activity. People ask why are you creating a niche, but it’s not the niche, the rest of it is the niche, what we’re getting into is the big chunk.”

And he’s right. We Americans love watching sports more now than ever.

According to Nielsen Ratings, both broadcast and cable television aired over 43,700 hours of sports in the U.S. in 2011, so creating a sports related app or website is a safer bet, believes Stephenson.

Social interaction

And just like many apps and social networking sites which have been influenced by Facebook, MyGuy is choosing to take advantage of the current real-time trend, by offering instantaneous feedback and some sort of social interaction component for its users. And other companies are doing the same.

Take the site LinkedIn for example. The company recently announced it was changing its site to operate more like Facebook where users will have the ability to add and invite friends. The new version of LinkedIn will also provide you with an instant count of how many people are viewing your profile.

Although MyGuy doesn’t actually use its app in the same way it does have a chatroom area, where fans can comment on the game, vent frustrations because of the referee, or gloat to one another after victory. Think a virtual sports bar slash social networking app.

Also, with other fantasy sports app you usually have to choose your team before-hand and wait for results, but MyGuy allows you to switch players during the game to gain points if one of your players isn’t playing well, which Stephenson says is the smartest way to use the app and accumulate points.

“Let’s say you stick with Peyton Manning for the whole game,” he says. “You are only scoring when Petyon Manning is scoring. Other people are scoring, passing, intercepting and getting points. You might do well [using only one player], but you’ll never get to the leaderboard.”

Three sports

Stephenson also says by 2013 MyGuy will be a three-sport fantasy app. “We started with the basketball version of this during the playoffs,” he said. “It was really our test concept and it went really well. We then developed a football version of it for College and the NFL. We have an MLB product coming in October for the playoffs and will re-up with the NBA. By January we’ll have all three sports.”

He also says the new app will have actual prizes you can receive for having the most points, and in the near future MyGuy will attach the app to both the Super Bowl and Rose Bowl, which he says is quite unique. These are gaming perks he says the “normal football viewer cannot get access to.”

The new app can be used on Apple devices, Androids and computers, and can also be downloaded for free in the Apple App Store.

Fantasy Football has become quite popular in recent years, and with each rise in technology, the virtual sport of choosing players and teams has spread fas...

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Spotify Plans a Browser-Based Service

A decade or so ago, consumers thought of the Internet as a way to download music. Today, thanks partly to pioneer Pandora, it's seen as a way to listen to streaming music.

Spotify, one of the newer streaming services, has been taking a bite out of Pandora's growth, even though it's a little unusual in that it requires the user to download a program that runs on their PC or Mac computer. Linux users are sort of on their own.

But now, reports say Spotify is about to launch a browser-based version of its service, making it more like Pandora, MOG and other streaming services.

The action comes none too soon. As we reported yesterday, Apple's iTunes is said to be planning to convert its downloaded service to streaming, posing a big threat to Pandora, Spotify, MOG and the others.

In addition to allowing users to access their Spotify accounts from any Web-connected device with a browser, the revamped Spotify will also reportedly include an increased focus on discovery, with more suggestions for artists and albums and a greater emphasis on following various individual’s playlists.

There may also be a change in price plans, with the premium option dropping from $9.99 to $8 per month.

This should make Spotify more attractive and competitive

A decade or so ago, consumers thought of the Internet as a way to download music. Today, thanks partly to pioneer Pandora, it's seen as a way to listen to ...

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Some of the Coolest Home-Bars You'll See

Although I was born in the 70s, my memories of the decade are extremely foggy. However, by the time I reached six or seven years of age, I was able to document a few mental pictures from that time period, and luckily I still remember some of them today.

For example I recall my parents doing a lot of entertaining in our basement with their friends and our family members. And as I’m writing this story, I’m able to still see a few faded images of men with Afros and healthy-sized mustaches, along with women sporting loud-colored outfits and gigantic hoop earrings.  

What I also remember is our home bar being at the center of a lot of those parties. It was a long cumbersome-looking thing, and I also remember many of my friend’s parents having the same type of bar counters in their homes too.

But the 70s was a long time ago, and since then home bars have come a long way from the rectangular brown tabletops that a lot of us grew up with. For example take the Lighted Outdoor Bar Fiesta, made by the company Vondom.

The cool thing about this space-aged looking bar is that one: It’s movable so you can use it in or outdoors, instantly turning your basement or backyard into a local pub. And two: It lights up, so the illuminated circular bar provides a glowing ambiance for your family and friends to marvel at.

The lighted bar also allows you to use it outside at night, as it’ll give off its own sources of light that will add a level of intimacy and coolness to your gathering.

The Fiesta also has all the conveniences of a traditional home bar, with inside shelves for bottles and big storage spaces for kegs or coolers. It also comes with equally futuristic-looking bar stools.

This outdoor/indoor bar will hardly go unnoticed, and you'll definitely be the talk of the town the next time your guests sit around this neon-lit bar counter. 

Metallic bar

Zaha Hadid Architects, based in London, have also designed an extremely distinctive  home bar called the Metallic Bar. As a matter of fact, it may be one of the coolest looking bars you’ve seen to date.

Resembling part space ship, part futuristic car, the sheer look of the bar will have your guests trying to figure out what the thing really is. Its shiny grey surface, along with its base that lights up, is beautiful enough just to sit around without taking a drink, it’s that’s gorgeous.

Although the company hasn’t made this bar available to the multitudes just yet – as it was specifically designed for London’s Home House – consumers could potentially see the Metallic Bar for sale in the coming future.

Inebriator

But not only have room and patio sized home bars come a long way since the 70s, but so have portable bars like the Inebriator. This one is small enough to fit on your table or countertop and automatically not only pours drinks for you, but mixes them too with bartender accuracy.

Once you place your glass on the moving cube, you select your drink of choice, and the glass automatically moves underneath each bottle, perfectly mixing your selection. The cube and glass even light up a cool blue color to let you know your drink is finished. The Inebriator also comes with drink information and tips to maximize use of the machine.

Then of course there’s the Johnnie Walker Blue Label Limited Edition Private Bar, made by Porsche Design Studio. It actually looks more like a narrow refrigerator than a bar, and it's made of both titanium and blue leather.

Standing six feet tall the Johnnie Walker bar opens and electronically spins 180 degrees and opens to reveal the bottles, glasses, tongs and other needed bar items. The words ‘limited edition’ in the name of the bar, is due to the company only making 50 when it first created the design. At that time it went for about $150,000.

Whether more of these vertical bars will be built and sold in the future remains to be seen, but we thought it was certainly cool enough for us to pass along and share.

Evolution

We also want to let you know about the Evolution Mobile Bar that folds up into a suitcase with wheels, and allows you to bring the party wherever you’d like.

For about $2,000 you could buy the mobile bar online, which is ideal for tailgate parties or moving gatherings to different areas of your house with no hassle.

The bar on wheels looks to hold about 14 bottles along with several glasses, and comes in different colors and designs that you get to customize. Also, the entire bar only weighs about 60 pounds so it’s not difficult to lug around from place to place.

So the next time you’re in the market for a home-bar, you can either go old-school and get the solid wood type like my folks did in the 70s, or you can look for one that has a little more pizazz in its design.

Either way, today offers way more cool looking bars to choose from and hosts your gatherings with. Party on!

Although I was born in the 70s, my memories of the decade are extremely foggy. However by the time I reached six or seven years of age, I was able to docum...

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Watch Your Favorite Reruns And Not Feel Guilty

Could watching the rerun of a show about nothing motivate you to do something?

Yes, it sounds crazy but a University of Buffalo researcher says watching Seinfeld or any other favorite show you've seen before may help restore the drive to get things done in people who have used up their reserves of willpower or self-control.

“People have a limited pool of these valuable mental resources,” said Jaye Derrick, research scientist at the University at Buffalo’s Research Institute on Addictions. “When they use them on a task, they use up some of this limited resource. Therefore, they have less willpower and self-control for the next task.”

Over time, these mental resources return. But Derrick believes there may be ways to speed that process.

Believe it or not, one of these ways is to re-watch your favorite TV show, Derrick’s research found. Doing so, she says, taps into the surrogate relationship people form with the characters in their favorite shows.

Comfort on the screen

Why a rerun – why not a game show or baseball game? Because, Derrick says, we find it comforting to watch a re-run. We already know what the characters are going to say and do. All we have to do is sit back and enjoy it.

“When you watch a favorite re-run, you typically don’t have to use any effort to control what you are thinking, saying or doing,” Derrick said. “You are not exerting the mental energy required for self-control or willpower. At the same time, you are enjoying your ‘interaction,’ with the TV show’s characters, and this activity restores your energy.”

To prove her theory Derrick had groups of volunteers participate in experiments, which included writing about their favorite TV shows and engage in mental activities that required a lot of effort. She found that if subjects had to perform an effortful task they were more likely to seek out a re-run of their favorite television show, to re-watch a favorite movie or to re-read a favorite book. Doing so, then restored their energy levels.

She also said writing about their favorite television show restored their energy levels and allowed them to perform better on a difficult puzzle.

In that experiment, half the group wrote about their favorite show while the other half wrote about objects found in their bedroom. Those who wrote about their favorite television show wrote for a longer period.

Indiscriminate viewing doesn't work

But this is not an excuse to become a couch potato, Derrick says. And channel surfing, or watching whatever happens to be on, doesn't have the same effect.

“The restorative effect I found is specific to re-watching favorite television shows or re-watching favorite movies or re-reading favorite books,” Derrick said. “Just watching whatever is on television does not provide the same benefit. And perhaps surprisingly, watching a new episode of a favorite television show for the first time does not provide the same benefit.”

The difference she says is the relationship that exists between the viewer and the TV show. In fact, she says this fictional “social surrogacy” may work better than actual social interaction with real people under some circumstances.

Derrick’s findings may dispel some notions that watching TV is bad for us. And indeed she argues that watching television is not all bad.

“While there is a great deal of research demonstrating that violent television can increase aggression, and watching television may be contributing to the growing obesity epidemic, watching a favorite television show can provide a variety of benefits, which may enhance overall wellbeing,” she said.

Could watching the re-run of a show about nothing motivate you to do something?Yes, it sounds crazy but a University of Buffalo researcher says watching ...

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Company Releasing New Social Gambling Game on Facebook and Zynga

For those who like to place bets on sporting events, but like to do it on their couch in front of the TV, this new Facebook and Zynga game may be for you.

It’s called “Sports Casino” and it was developed by San Francisco-based  RocketPlay. The game lets you place bets on different sporting events with just a few fast clicks of the mouse.

Unfortunately for some gamblers, the virtual Las Vegas-styled betting hub won’t offer real money bets but virtual money instead, and players can compete with friends or other users as games are on live.

RocketPlay, who has partnered with Zynga to release the game, says Sports Casino is a precursor for possibly allowing real money bets to be made, although the company says it’s a ways off from bringing cash bets into complete fruition, mainly because it's illegal at the moment.

“It’s unlikely that anything like that is going to happen for any one of us to be able to offer that in the United States anytime soon,” said RocketPlay’s president Matthew Cullen.

Virtual winnings

The game will work in two different ways. Users can place bets on the outcomes of football, baseball and other sporting events, and win virtual money if your selected team wins.

And users can also place smaller side bets within the game, like if the running back will gain more than 10 yards on the next carry, or if a certain baseball player will hit a home run in that particular game. Bets can be placed before or while the game is going on.

Zynga has also announced plans to offer real money bets through its site by 2013, though legal restrictions in the United States would force the company to only offer these games in other countries that have different gambling laws.

Cullen says RocketPlay will watch and take Facebook’s lead when it comes to offering real money gambling at some point. “We’re keeping an eye on what Facebook may or may not do on real-money betting today in the United Kingdom and potentially in Western Europe, he said.

But for now the company is hoping that virtual money and betting for bragging rights will be satisfaction enough for both gamblers and sports fans alike. RocketPlay said it plans to add more games like basketball, English Soccer, and college football in the coming future.

Although Sports Casino doesn’t use real money, it does require real money to play and bet. For example purchasing $10 million of virtual cash cost $200 in real cash, and smaller amounts of virtual dough cost as little as five dollars.

And speaking of real cash, many Zynga and Facebook users are still waiting for the day when social sites figure out how to successfully and legally be able to offer actual money bets within the U.S.

Experts say there still has to be some much needed tweaks for social gambling to really take off in an effective and popular way.

Lot of liquidity

“You need a lot of liquidity, so there’s a constant activity between players,” says Barak Rabinowitz, of the social gaming company bwinparty.com. “And then you need depth of offering, enough things to bet on—real or virtual—to keep the user engaged,” he says.

But for now, those looking to gamble on social sites have to use companies like RocketPlay, as the company also allows traditional computer betting games like blackjack and poker to be played on Sports Casino. The release date for the virtual gambling site has yet to be announced.

For those who like to place bets on sporting events, but like to do it on their couch in front of the TV, this new Facebook and Zynga game may be for you....

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The New Romantic Movie Classics

Who doesn't like a good movie?

Whether it’s a good action flick that has its leading man shooting a gun while dangling from a helicopter, or it’s a suspenseful drama where the actor completely vanishes into the character, there's something about the silver screen that keeps us coming back, despite today's DVDs, movie-streaming and cable television options.

And when it comes to romantic films there's a host of gems to choose from. Films like "Casablanca" and "Ghost" for example, either speak to our romantic selves or help create that romantic person inside of us.

Whether it’s the black-and-white romance flicks of the 30s, 40s and 50s, or the slick, fast-talking love films of the early thousands, each movie era has its fair share of romantic classics that have stood the test of time and hold a special place in our collective memories.

What's considered a new classic?

The films that aren’t old enough to be on many of the "best-of" lists yet, but they're old enough for consumers to watch repeatedly in order to appreciate all of its qualities.

So we at ConsumerAffairs have taken the liberty to compose a list of what we consider to be the new classics within the romantic film genre.

Of course it's impossible to list all of the newer romantic films, and we won't list the obvious ones like "When Harry Met Sally", or "Pretty Woman."

You’ll also notice all of the listed movies aren’t your usual love stories, as each one avoids the typical Hollywood way of creating plots and endings where the sole purpose is seemingly to appease the audience.

True Romance

Despite its title, many people wouldn't put this movie on a list of romantic films due to some of its dark and violent content, but that's what makes "True Romance" so special. It borrows ingredients from other movie genres and stirs them together to create a very off-the-wall love story.

Written by "Pulp Fiction’s" Quentin Tarantino, directed by the recently-deceased Tony Scott and starring Christian Slater and Patricia Arquette, the movie is about a lonely video store worker who meets his true love under the most unordinary circumstances.

After they meet, the couple gets entangled in a crime due to not much fault of their own, turning the film into part caper film, part romantic love story.

And the characters are so likable you root for them the entire film, despite some of the questionable things they have to do to escape their circumstances.

The movie is also a who’s-who of current film stars including Brad Pitt, Samuel L. Jackson, James Gandolfini and Val Kilmer. If you haven’t seen "True Romance" watch it immediately and if you have seen it already give it another spin. It only gets better and better.

Before Sunrise

Okay here's the scene: A young American male traveler on a train which speeds through different parts of Europe. A beautiful French woman also traveling on that train eventually meets the lone traveler.

From there, they spontaneously get off the locomotive in Vienna, Austria and spend the next 24 hours together walking the city and slowly falling for each other.

Sound good? Not really, right? You may be asking, "Is that all that happens in this movie?" Well, yes and no, meaning that's all that physically happens but beneath the surface of the film lies a very unique and unconventional love story.

I think what turns a lot of men off to some romantic movies is the excessive  amount of sappiness or improbable story lines that lead to predictable endings. In fact, plenty of women aren't able to stomach these movies either, but Before Sunrise is anything but.

What makes this romantic flick such a new classic is that it doesn't have an overwhelming amount of romance in it.

The film is simply about two people relating to each other just as people, talking about world events, their personal outlooks and how they grew up. Many films have characters that immediately fall in love upon first glance and too quickly deem each other soul mates. But this film is different.

If you want to see what a realistic courtship is like between two intelligent, funny and likeable characters, this movie is one to check out.

(500) Days of Summer

Released in 2009 this quirky and heartfelt movie is the true meaning of a new romantic classic. For those who despise predictable endings and are experts at determining the ending of a film from the very first scene, this one is definitely for you.

The movie tracks characters Tom and Summer during their very realistic relationship in non-linear fashion. Also, the film ends in a way you never actually see coming, which makes any movie great, but especially a love story.

The connection between the couple, played by Joseph Gordon Levitt and Zooey Deschanel, is a very believable one, as the film doesn’t manipulate one’s emotions by forcing viewers to witness a sugary formulaic courtship.

"(500) Days of Summer" is beautifully offbeat and has all of the romantic components that moviegoers like, but it's done in a very unique way. The movie is also loaded with generous amounts of clever humor that does a good job of offsetting the film's tenser moments.

Anyone who loves smart writing, clever dialogue and believable acting will love this movie tenfold.

Leaving Las Vegas

Okay, so a love story about an alcoholic and a prostitute doesn’t sound all that romantic off the bat, but "Leaving Las Vegas" shows that a connection between two people can be made in life’s seediest places. This movie certainly wouldn’t be considered a feel-good picture in the traditional sense, as the characters go through their fair share of misfortune.

But how many times have you been to a movie where the characters face no real challenges, and have no hurdles to leap over to get to the films climax?It kind of leaves you feeling cheated as if the writers did nothing to flush out the storyline and simply wanted to hurry towards the ending.

"Leaving Las Vegas" does nothing of the sort, as the movie shows no fear in terms of delving into the dark parts of the human psyche and providing the viewer a glimpse of what a love story looks like with skid row being the backdrop.

Actors Nicholas Cage and Elizabeth Shue do a wonderful job of bringing these two troubled but engaging characters to life.

Match Point

A scandalous love affair, a rich family and a murder. These are the some of the components to this atypical love story that isn’t really a romance film as much as it is a suspenseful thriller. But it still needed to make this list.

The film is set in London, which at the time was a big departure for New York director Woody Allen. Another thing that’s different about "Match Point" from Allen’s other movies is the serious and dramatic tone he incorporates. "Annie Hall" this film ain't.

Although the dialogue doesn’t have that usual Woody Allen-style banter, the film makes up for it by showing a realistic portrayal of what can happen when a married man’s attraction for a stranger leads him to dark places and extremely bleak-looking circumstances.

 Romantic, disturbing, wildly entertaining and beautifully shot, "Match Point" sucks you up within its first scene, holds you hostage throughout, and then frees you back into your seat once it’s finished. It’s definitely one of the new romantic classics in the film world.

Who doesn't like a good movie?Whether it’s a good action flick that has its leading man shooting a gun while dangling from a helicopter, or it&rsqu...

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New Fall TV Shows: What Looks Good and What Looks Just So-So

It's definitely that time of year again when television and cable networks try to wow and amaze us with their new fall shows.

Year after year it seems the battle for viewership grows more intense as network TV tries to keep up with the anything-goes nature of cable programing, while cable channels attempt to achieve the longevity that network television channels have.

One of the most buzzed-about shows this fall season is clearly “Elementary” on CBS, for its creative take on detective Sherlock Holmes and his trusty partner in crime-solving, Watson.

But instead of an older gentleman with a deerstalker hat and pipe, this version of Sherlock Holmes is a young, fast-talking, sarcastic recovering drug-addict living in Manhattan, played by British actor Jonny Lee Miller.

The character of his side-kick Watson is also written with a refreshing twist.

Played by Lucy Liu, of “Ally McBeal” fame, Dr. Joan Watson is not only Holmes' case-unraveling-companion, she's also his drug recovery sponsor which puts yet another spin on this modern take on an old detective series.

Containing a well-balanced mixture of humorous banter and probable New York City crime drama, the show has the see-if-you-can-solve-the-case-nature of Law & Order and the witty exchanges of popular shows like “30 Rock” or “Modern Family.”

"Elementary" premieres on September 25, at 10 p.m. Eastern. 

The Mindy Project

Another show heavily buzzed about is “The Mindy Project,” starring Mindy Kaling of “The Office”. The show follows Kaling through her daily maze of work and life, as she plays a witty and single physician who doesn't quite have her dating and personal life all the way intact.

Also set in Manhattan, the Fox network sitcom is anticipated to be a hit among viewers 18 to 34, and its creators expect not only to capitalize on the popularity of “The Office,” but to also take advantage of the rising celebrity profile of Kaling, who is also a writer on the show.

Viewers can see if The Mindy Project hits the mark when it airs September 25 at 9:30 p.m. Eastern. 

NBC needs a Revolution

NBC has a few new shows that it hopes will bring the suffering network, now owned by penny-pinching Comcast, back to at least a semblance of its glory days when programs like “Seinfeld,” “Friends” and “ER” sat atop the ratings hill.

Many critics believe the channel's science-fiction based drama “Revolution” might help NBC get a bit of its programming swagger back.

"Revolution" is set 15 years after an unmentioned apocalyptic event robs the earth of all its electricity. Everything that requires any electrical power fails to work including automobiles, airplanes, and even objects that only require batteries.

Eventually the U.S. Government collapses, and like any good post-apocalyptic tale, sheer anarchy breaks loose — dividing the country into independent armies and area leaders.

The protagonist in the series is really the entire family of the Mathesons, who hold some sort of object that could not only reinstate the earth's electricity, but also reveal why it shut down in the first place.

And of course the enemies of the Mathesons, which seems mainly to be the mean Captain Tom Neveille played by Giancarlo Esposito, is on the hunt for the family, desiring to capture the object that will explain why the electricity died 15 years prior.

You can catch this one starting September 17, at 10 p.m. Eastern, right after the popular singing show “The Voice.”

Single parents

Another buzzed about NBC show is the comedy series “Guys With Kids,” executive produced by late night funny man Jimmy Fallon.

Whether all the talk of the show has been manufactured by NBC, or it simply comes from Fallon's association, "Guys With Kids" has a heavy presence on subway billboards, TV spots, and website pop-ups, despite its run of the mill premise.

The show doesn't seem to cover new ground, with three single fathers unsure about how to properly care for newborn babies.

But as in any TV series, its level of quality will be determined by the writing team’s willingness to avoid clichés and routinely covered storylines.

How successful they are at accomplishing this feat will be determined on the show's premiere date of September 12, at 10p.m. Eastern. 

Also playing

Among last season’s new shows that are returning to their airwaves this fall is HBO's comedy series “Girls” about a group of female 20-somethings living in New York. 

The show not only caught the eyes and ears of viewers and critiques alike, but also garnered an Emmy nomination earlier this year.

Showtime's “Homeland” starring Claire Danes is also returning to the cable network for its second season.

The series follows Dane's character Carrie Mathison, as a CIA operations officer who is uncovering a mole within the United States defense team that she suspects is war hero and Marine Sergeant Nicholas Brody, played by Damian Lewis.

Homeland has been one of the most anticipated cable shows to return this year, and when it premiers on Sunday September 2, at 10 p.m. eastern time, many fans will be tuning in to see what new answers will be revealed.

And on the Late Night talk show front, host and comedian Jimmy Kimmel will move from his normal time slot of 12:05 a.m. to 11:35 p.m., starting in January 2013, taking on television big-boys David Letterman and Jay Leno.

The ABC network is moving Kimmel to the competitive time slot, as his Jimmy Kimmel Live! show is increasingly growing in popularity, and the network feels moving the show will allow for even a wider audience.

It's definitely that time of year again when television and cable networks try to wow and amaze us with its new fall shows.Year after year it seems the b...

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Not Much Use Worrying About Newspapers' Future

Things are tough in the newspaper business.  Well, actually, things have always been tough in the newspaper business, at least for the reporters, editors, pressmen, compositors, printers and back-office staff. Publishers maybe had to buy cheaper Cuban cigars, which was a sacrifice no doubt much admired by the grunts on the lower floors.

Newspapers have always poor-mouthed their situation when holding down, turning back or simply ignoring staff demands for more pay, whe mercilessly raising classified ad rates and when raising the newsstand price to keep up with the price of a grande Starbucks concoction. Actually, Craigslist took care of the classified ad problem, but we're getting ahead of ourselves.

Thanks, Congress

We've all heard about the problems the poor publishers face -- the rising cost of newsprint, the rising cost of ink, the rising cost of diesel fuel, the exorbitant demands of the mailroom staff, the difficulty getting a good cigar. Never discussed, of course, was the protection from the anti-trust laws daily newspapers were awarded decades ago. After all, when you buy ink by the ton, you can pretty much get what you want out of Congress. Until recently, anyway.

By buying up and closing down their local competitors, daily newspapers aimed to sew their markets up tighter than a tomb, which turned out to be ghoulishly prescient. Being a monopoly nearly always turns out to be a bad long-term strategy. Companies get flabby, bureaucratic and set in their ways.

So when something new comes along -- like, oh, the Internet -- big autocratic newspapers tend to ignore it.  After all, it worked with television, cable, radio and all those other new-fangled innovations.

Eaten alive

But as we know, it hasn't worked out so well this time around and now we have the sorry spectacle of big, clumsy newspapers being eaten alive by all those nasty little Internet sites. Why, even The New York Times is feeling the heat.

The Times had no sooner built a monument to itself than business went south and it had to sell its brand-new building and lease it back.  Then it sold a bunch of regional newspapers and television stations. Then it sold WQXR, the classical music stations that lulled generations of New Yorkers to sleep. Then its CEO, former school teacher Janet Robinson, quit. The Times felt bad and gave her a $23 million exit package. It's expensive to live in New York, after all.

But now, the Times has pulled itself together and hired what the board is convinced is just the right guy to turn things around.  Some nimble entrepreneur fresh from Silicon Valley maybe? Or perhaps a hotshot journalist who's been running a successful Web start-up? Or an advertising whiz from Madison Avenue? 

Well, no. Marissa Mayer had already been snagged by Yahoo. So the new Times CEO is one Mark Thompson, most recently the director general of the British Broadcasting Corp., a government entity that's supported largely by mandatory license fees levied on Her Majesty's subjects.

He's being paid $10.5 million for coming aboard and will get an annual salary of $1 million, which is only fitting. After all, who better to turn around what is arguably the flagship U.S. newspaper than a Brit from a government entity that is not supported by advertising and that is nearly as old and hidebound as the Times?

There's been some mention of Thompson leading an "international expansion" of the Times.  After all, there are hardly any newspapers in Great Britian, 
Australia, Canada or other English-speaking venues. The Times does own the International Herald Tribune so perhaps they could shut that down, hoping to aid sales of the Times?

Insanely innovative?

OK, so he hasn't worked for an agile start-up that revolutionized the journalistic and advertising worlds. But at least Thompson has been a trailblazer on the Internet, which is arguably what the Times really needs. Right? Well, the Beeb has a Web site and runs video over the Web. They're not exactly Google, though, or even AOL.

This is all going over really well in the threadbare offices of the Newspaper Guild of New York, which represents almost 1,100 employees at the Times. They've been without a contract for more than a year.

An information company's primary assets, besides its brand, is its people but the industrial nature of the newspaper business leads to the same kind of cutthroat labor relations that typify industries that employ stevedores and teamsters.  Employees get a free lunch at Google and Yahoo. They're lucky to get time off for lunch at most newspapers.  

The Times has been seeking a wide swath of cuts in contract negotiations that, among other things, would freeze Guild members’ salaries, cut medical benefits and weaken retirement security, the Guild said in a statement on its website. That ought to just about ensure that reporters and editors give 110% each and every day. 

There are those who think it's too late -- that newspapers, like the global climate, have reached the tipping point and can't be saved. The Ford Foundation apparently buys into this view. It's started making grants to the likes of the Washington Post and Los Angeles Times

So the next time you're tempted to give a few bucks to a street person, ask yourself -- would it be better to go stuff a few dollars into the nearest newspaper box instead? Those Cuban cigars aren't getting any cheaper, after all.

Things are tough in the newspaper business.  Well, actually, things have always been tough in the newspaper business, at least for the reporters, edit...

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Is Fast Food Really Getting Better?

Can it be true? A new report says restaurants we might think of as fast food are steadily improving their offerings and are competing with full-service restaurants in terms of food quality, decor and variety.

The report comes from research firm Technomic, which uses the phrase "limited-service restaurants" (LSR) to describe fast-food and fast-casual restaurants. A decade ago, LSRs had 47% of the food business and full-service eateries (FSR) had 53%.  

The percentages have now flipped -- with limited-service joints edging out the full-service 53%-47%.

Why? Well, it could be that a sluggish economy is driving more people to choose lower-priced fare. But it could also be that the food is getting better at the limited-service hang-outs.

But sales figures aren't everything. We ran a computerized sentiment analysis on about 2 million consumer postings to social media over the last year and found that things not so rosy. Positive net sentiment was at a dismal 11% this month and never got higher than 23% during the last 12 months, as shown in this chart:

So just what are fast-casual restaurants?

They are those eateries that seem to be a couple of notches higher than fast-food places in terms of food quality and variety. Think of places like Panera or Boston Market, as these types of locations are continuing to gain market share. 

Fast & affordable

ConsumerAffairs spoke with Kelly Weikel, author of the Technomic report, to get a better sense of just what fast-food and fast-casual restaurants are doing to give FSRs a run for its money.

"Consumers can get a high-quality meal, fast and for an affordable price at LSRs, primarily at fast casuals, but increasingly to QSRs (Quick Service Restaurants) as well, as they seek to compete," she said.

"Fast-casuals in particular are also doing a really good job appealing to consumers on the experience level...creating an ambiance and format that often provide some service elements, along with an atmosphere that is suitable for a wide variety of occasions; hanging out with friends, grabbing a quick snack, studying or working," Weikel added.

The improvements among fast-casual restaurants lead the way for other companies in the LSR industry to step their game up. For example, because a restaurant like Noodle Company seems to be moving towards a more FSR dining experience in terms of variety and decor, places like Wendy's are trying to do the same.

"LSRs have always been striving to gain greater share, but it was after the advent of the fast-casual segment and its impressive growth that LSRs starting to shift," said Weikel. "Now fast-casuals are leveraging their successful LSR service model and improving upon it while QSRs are trying to steal a page from their playbook and implement that same thing at their restaurants."

Weidel may be onto something but the term "fast food" continues to have a negative connotation for consumers, as we found in our sentiment analysis. The outstanding characteristic assigned by most consumers was "fast."

Shared experience

Weikel says that both fast-casual and fast-food restaurants will continue to borrow ideas from each other to better meet customer need and expectation.

"Each one has and will continue to look at the strengths of the other and try to integrate them into their model, Weikel explains." So for QSRs we see this now through pushing out more premium options, healthy options, upscaling and remodeling units, etc. At fast-casuals it's around creating a strong value proposition and improving convenience. It will evolve as each segment identifies new opportunities."

And which fast-food and fast casual brands are making the best strides according to Technomic?

"The interesting thing here," states Weikel, "Is that the important shifts can even be seen, and in many cases may even start at the major brand level. We've seen this most notable with McDonald's."

"They starting upscaling the menu and decor long time ago and continue to evolve in both areas. Jack in the Box has done a lot of remodels and menu upgrades in recent months in years; rolled out reformulated burger patties, improved buns and new saucing procedures as part of a yearlong effort to upgrade its core menu items and the overall guest experience," she says.

Weikel also mentions that Burger King has taken pages from fast-casual restaurants like Chipotle, by adding fresher ingredients and fulfilling the need for customization and interactive experience through their Whopper Bar.

Convenience stores

Weikel notes that consumers are also choosing convenience stores for their daily meal needs more now than ever.

Although convenience stores don't fall under the LSR category, Weikel says they are making leaps and bounds in terms of providing the necessary balance of quality foods items and fast service.

"They've developed so many concept, menu and service elements that have put them on par with conventional QSRs. Additionally; they pioneered interactive, touchscreen ordering formats in their category."

"In recent years, they've also gone from standard c-store fare to an extensive menu that serves all three dayparts; features beverage selections that mimic restaurant offerings; promotes meal deals; and strongly emphasizes freshly prepared, customizable offerings," she says.

So fortunately, consumers no longer have to break the bank or carve out the necessary time to go to a full-service restaurant, as fast-food and casual-food dining places are amping up efforts to appear more upscale.

Weikel also says there will be a blurring of the lines when it comes to the differences between fast-food establishments and fast-casual establishments.

Maybe so, but the entire category gets lumped into "fast food" in the minds of many consumers and is likely to be something the industry will need to do with as time goes by.  Take a look at these comments we gathered over the last few days and it's obvious fast-food and fast-casual restaurants need to tend to their cooking more carefully than ever.

A report just released by research firm Technomic, shows that limited service-restaurants (LSR) are steadily improving its offerings, and are competin...

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Stephen Colbert Wants You To Move, Jump and Shake This Summer

As you may already know, the comedian and political satirist Stephen Colbert is quite the character.

In 2008 the late-night talk-show host alluded to a presidential bid.

In 2010 he addressed Congress about the rights of migrant workers with sarcastic and comedic undertones, and that same year along with Jon Stewart he ran a political rally on the Washington D.C. Mall hilariously titled the "Rally to Restore Sanity and/or Fear.

Now Colbert is bringing his popular brand of mock and satire to the realm of outdoor musical concerts.

On a recent episode of "The Colbert Report," the TV commentator announced that he would be hosting an outside concert on the deck of the Intrepid Sea, Air & Space Museum, in New York City on Friday August 10, 2012.

The concert will also be taped and rebroadcast for the television audience.

The hard to pronounce concert entitled "Pepsi Presents StePhest Colbchella '012: Rocktaugustfest" will include acts like The Flaming Lips, the New York based rock band Fun, Grizzly Bear, Santigold, and old-school Hip-Hop pioneer Grandmaster Flash.

Free tickets

Tickets for the concert are not yet available, but those interested can request them for free starting August 1, at colbertnation.com, but the venue will only accommodate 1,500 people. The live show and taping begin at 7:00 p.m.

But if you're not able to secure a ticket, Colbert will have both performance clips and backstage interviews of the artists that he'll air on his show during the week of August 13.

"Folks, I know all the latest hottest bands, like Bonnaroo and Lollapalooza ... those guys are great, Colbert said in a statement. “We’ll, now it's summer and that means it's time to remount my long-running, one-year tradition of throwing my own summer concert."

Ironically, Colbert isn't exactly new to delivering music through his contrived political commentator persona.

 In 2011 he similarly introduced what he called "Dr. Pepper Presents StePhest Colbchella '011: Rock You Like A Thirst-icane, " which also included a series of musical artists that played each day of the week during his show.

Whether his musical offerings are sponsored by Dr. Pepper or Pepsi, Colbert is not at all short on amusing event titles.

July has been a good month for fans of the TV personality, as his home channel of Comedy Central was recently able to be watched again, after it was removed with a number of other stations during a very public dispute between Viacom and DirecTV.

Re-upped

Also last month, Comedy Central announced that both Colbert and Jon Stewart were re-upped for another two years on their contracts, keeping Stewart on the network until the 2015 TV season and Colbert until 2014.

Colbert has been hosting his weekly cable show since 2005, and has garnered several Emmy awards and a cult like following of viewers between the ages of 18 to 49.

Both the Colbert and Stewart shows have beaten out all other late night talk-shows in ratings, among the younger portion of TV viewers.

Until Colbert's potential exit from Comedy Central in 2014, people are likely to see more peculiar functions created by the host, and his New York City concert is possibly just the beginning of these abruptly announced concerts.

"We are gonna rock the boat, which won't be easy because the Intrepid displaces 41,434 tons" said Colbert. "Does Bonnaroo have cruise missiles? I think not."

The Intrepid Sea, Air & Space Museum is located on Pier 86, 12th Ave. and 46 Street on the west side of Manhattan.

As you may already know, the comedian and political satirist Stephen Colbert is quite the character.In 2008 the late-night talk-show host alluded to a pr...

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News For Sale: Washington Post Gets $500,000 Grant

In many countries, bribing reporters is an everyday practice. It helps the reporters pay the rent and enables politicians and companies to generate favorable stories about themselves.

But that would never happen here in the United States. Here you just give the money to the publisher and let it trickle down to the reporters.

Take, for example, the Ford Foundation, which is giving $500,000 to The Washington Post, not exactly a struggling start-up. The one-year grant is supposed to be used to "expand the paper's government-accountability reporting." 

In May, the Ford Foundation gave $1 million to the Los Angeles Times, saying it wanted to experiment with "new approaches to preserve and advance high-quality journalism."

The Times is supposed to use the money to report on the Vietnamese, Korean and other immigrant communities in Southern California.

"Underwriting"

This is basically the PBS model of journalism: "underwrite" the production of stories or documentaries that fit your worldview. It's not as crass as a company looking for a favorable story but it's not all that dissimilar either.

Look closely and there are plenty of examples of slightly creepy transactions in the world of underwritten content. To take an example drawn from personal experience, a professional association of architects underwrites a documentary about "green" building practices. You can bet the resulting program makes architects look good.

One could, and no doubt will, argue that if green buildings are good, then so are architects and so are programs about them. But would the show have been produced quite that way -- or at all -- had it not been for the architects' checkbook? 

None of this is new to the Ford Foundation, which for years has lavished money on "public" broadcasting, thus ensuring that what the Ford Foundation thinks is important gets airtime. Other topics? Well, too bad. Maybe somebody else will fund them.

In fairness to Ford, anyone can apply for a grant to support just about anything. "Our grant making focuses on reducing poverty and injustice; promoting democratic values; and advancing human knowledge, creativity and achievement," the foundation's Web site explains.

Ford says it makes about 1,400 grants a year. Last year, it distributed $422 million worldwide. 

Bang for the buck

The Columbia Journalism Review, which fashions itself as a watchdog of the watchdogs, recognizes that Ford is buying influence:

"The Ford Foundation has recognized that if what it wants is public-service journalism with a broad reach, a big daily still gives it the most bang for the buck," the editors of cjr.org wrote in an editorial.

There's nothing wrong with giving away money, of course. The question, in the case of newspapers owned by large, for-profit corporations is whether it's quite right to accept money to influence news coverage. 

After all, consumers buy the Washington Post and the Los Angeles Times because they trust their editors to select the most important news stories to cover each day and to ensure that those stories are covered fairly and accurately. They don't expect a third party's checkbook to be a factor in the editors' decisions.

Journalists used to, and perhaps still do, take great pride in turning down bottles of expensive wine, assorted bling and the occasional junket to nowhere. Taking money to cover a particular topic isn't all that much different, some would say, especially if it is not disclosed.

Will readers know which stories are being funded by the Ford Foundation? Newspeople hound everyone else about transparency but they're not always its greatest practitioners.

This may sound like nitpitcking but it's sort of a slippery slope the Post and Times are beginning to slide down. Today the Ford Foundation. Maybe tomorrow the Democratic Party? Or the AFL-CIO? Or the Heritage Foundation? 

Oddly, none of this seems to be a matter of even the slightest debate in journalism circles. Purists would say that journalists should cover stories without regard to whether those stories produce ratings, circulation or money. But maybe the purists have all taken jobs somewhere else. Probably teaching journalism.

In many countries, bribing reporters is an everyday practice. It helps the reporters pay the rent and enables politicians and companies to generate favorab...

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Too Much News on CNN? Its President Quits Amid Lagging Ratings

It wasn't long ago that everyday Americans routinely complained about the "liberal news media" while those of the left-leaning persuasion griped that major journalism outlets were too conservative.

Well, everybody should be happy now, as the amount of actual news -- you know, factual and impartial coverage of major events of public importance -- now takes a back seat to mindless pandering and caterwauling by apologists for the most simple-minded versions of liberalism and conservatism.

As we know from reading the papers, newspapers are withering quickly away but less notice is given to the shrinking presence of actual news on TV and cable. The latest evidence: today's announcement by CNN President Jim Walton that he is stepping down amid slumping ratings.

Saying that CNN needs "new thinking," Walton said he will exit the premises at the end of the year. Maybe he meant to say CNN needs "news thinking" or maybe he was misquoted but he went on to say that CNN needs "a new leader who brings a different perspective, different experiences and a new plan."

No news, good news?

Reese Schonfeld

Could be but maybe CNN is just an idea whose time has come and gone. Maybe Americans are no longer sufficiently open-minded to care about getting impartial news coverage and would prefer to watch bewigged midgets yell at each other and set fire to their hair.

CNN, now a Time Warner property, was founded by Ted Turner's money and the know-how and moxie of one Maurice "Reese" Schonfeld back in 1980. 

Turner had become annoyed when The Associated Press gave him a hard time about getting AP news service for his Atlanta-based superstation, WTBS. In best Turner fashion, he got mad and said he would start his own damned news service.

"I'm fixin' to put you all out of business," Turner told me when we chanced to meet in Washington one fine spring day in 1979. (I was then an AP executive). "There ought to be more than one news service in this country."

Turner recruited Schonfeld, then heading up Independent Network News, a New York-based news service for independent TV stations. Schonfeld -- a hard-nosed hard news guy -- had a long history of nipping at AP's heels and relished the opportunity to build something on a global scale.

Schonfeld built CNN into a respected worldwide news operation that to this day is held in high esteem outside the U.S., where its global feed is much more straight-laced than its increasingly tepid domestic product.

Dancing dogs

But that was then and this is now. News, because it seems to be so plentiful, is no longer very highly regarded by a population that has drunk the Kool-Aid brought to these shores by Rupert Murdoch, who introduced British-style tabloid journalism to American television.

Surprise. People like to read about and see pictures of dancing dogs, topless actresses and ridiculous buffoons masquerading as political commentators. CNN's efforts to dress itself up have been half-hearted and thus not terribly successful. It's the old fish-foul thing. You can't have it both ways.

It's perhaps fitting that both CNN and Fox News disgraced themselves by getting it wrong when the Supreme Court upheld most of the Affordable Care Act. Ted Turner may not be watching anymore but he might want to note that his old nemesis, the AP, got it right.

Not to be trite, but the not-for-profit AP's informal motto for much of its long and somewhat shaky life has been, "Get it first, but first get it right."

Yes, it's hard for straight news to compete with show biz just as it's hard for real doctors to compete with charlatans or real financial advisors to compete with pyramid scamsters, but it can be done, though perhaps not as profitably as one's corporate masters might like.

So perhaps Walton is right that CNN needs new thinking. But we'd still like to think it needs news thinking.

It wasn't long ago that everyday Americans routinely complained about the "liberal news media" while those of the left-leaning persuasion griped that major...

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The Best Concerts Left This Summer

Lollapalooza

Autumn is certainly a beautiful time of year. The tree tops host a spectacular array of rustic colors, and down on the ground people get excited for seasonal pleasures like cooler temperatures and fall football.

But wait, not so fast. It's only the end of July, right? And there are still plenty of warm midnights and summer sunsets to bask in.

It's also still the summer concert-going season, and it's not too late to take in your favorite artists or just wander around the grounds and soak up the music and scattered sunshine.

In 2012, there are many ways one can have a great music festival experience. Of course the traditional way is heading to a wide open space and attending a marathon concert that has 70 bands and a 1960ish feeling of social freedom.

Then there are the more laid-back, lawn-chair-friendly concerts, where a large blanket and an ice cooler will serve you better than a concert glowstick or finding a good place to mosh.

And today's digital age wouldn't be quite so digital if there weren't some sort of Internet component to concert going. If one would rather watch Barry Manilow sing "Mandy" live within the comforts of their living room computer they can do that quite easily these days.

So before all of this year's summer music festivals are gone, we'll highlight some of the best outdoor concerts, the quieter less-crowded music festivals, and some of the top concerts that are being streamed online.

Lollapalooza

A concert list wouldn't be a concert list without starting it with Lollapalooza. The Chicago festival has made itself sort of the granddaddy of the outside music gatherings.

Starting in 1990, and spearheaded by Jane's Addiction's front man Perry Farrell, Lollapalooza has been considered the go-to concert for both diehard and casual music fans alike.

Although tickets on the website have been sold out for the Aug. 3 through Aug. 5 concert, those still interested may have better luck at sites like StubHub, or Ticketsnow.com.

I called Ticketnow, and was told those interested can still get general admission tickets for $125.00. You won't be able to purchase a seat for any of the days, but you'll still be able to walk around and listen to over 100 bands that will be playing at this year's concert.

You'll be able to see everyone from recent Rock and Roll Hall of Fame inductees the Red Hot Chili Peppers, to Atlanta rapper B.O.B.

KahBang Festival

This music festival in Maine is the state's biggest, and has activities that include film, food, art and outdoor team sports like adult kickball. There's even a "Brew Fest" within the concert. 

In the four-day festival starting Aug. 9 and ending Aug. 12, music lovers can see the Deftones, indie rockers Now, Now and electronic and dubstep artist Lorin Ashton.

Tickets start at $35 for a one-day pass, up to $105 for a camping pass. Guests can spend the night on festival grounds if they rather not commute from their home or local hotel.

Also, those looking for a break from the loud music can check out KahBang's Film Festival that's playing alongside the concert at the Film Tent at the Waterfront Festival grounds. Entertainment lovers will get plenty of bang for their buck at Kahbang this summer.

Long Beach Jazz Festival

Long Beach Jazz

On the opposite side of the continent, Jazz lovers can see some of the day's top Jazz artists at the Long Beach Jazz Festival. Its organizers say the festival is the only Southern California jazz festival that's nestled within a grassy knoll in a lagoon type setting. Sounds awfully nice doesn't it?

Being held in Long Beach’s Rainbow Lagoon park, which also hosts a series of crawfish festivals, guests can enjoy the tunes of Dianne Reeves, Poncho Sanchez, and the legendary Ronald Iseley & The Isley Brothers. Where do they find crawfish in California? Don't ask.

The festival is from Aug. 10 to 12, and tickets range from general admission prices of $50, to $185 for VIP access which includes dinner and wine.

Lake George Music Festival

For those who love classical music this festival is supposed to be extremely top rate, as it's six days long and will showcase classical performers from all over the world, including performances from the Czech Philharmonic Orchestra, the Julliard School and the Yale School of music.

From Aug. 17 to Aug. 23, the festival is the only live indoor concert being featured in this story, with each performance being at St. James Episcopal Church, in Lake George Village, N.Y. Both admission and parking are free.

Austin City Limits (ACL)

When it comes to streaming a concert, Austin City Limits is a darn good concert to stream, which is why both YouTube and Dell are showing the concert in almost real time.

The way it works is by concert cameras capturing footage, then quickly transferring and uploading the images to multiple simultaneous YouTube channels.

The Austin, Texas, concert boasts a line-up of Neil Young, The White Stripe's Jack White, and the Black Keys. Tickets to attend the concert have been sold out for quite some time, which might make streaming this particular festival your only option at this point, unless you do an aggressive search for last minute tickets.

Those interested in streaming the festival should keep checking ACL's YouTube channel for updates. 

Tomorrowland Festival

Let’s just say you're not able to spontaneously purchase a plane ticket to Belgium within the next few days, you can view the TomorrowLand festival right at home.

Since 2005 this dance music concert is considered one of the biggest DJ events in the world, and this year you can catch Fatboy Slim, International DJ's Bloody Beetroots, and disc jockey duo Rebecca & Fiona, by streaming the concert from your home computer or mobile device.

The concert will play live on July 27 through July 29, and to stream Tomorrowland, viewers should simply go to Youtube.com/tomorrowland for more info.

Autumn is certainly a beautiful time of year. The tree-tops host a spectacular array of rustic colors, and down on the ground people get excited for season...

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Ora TV: Can Larry King Change Online Programming?

Television is constantly evolving.

In just the last few decades consumers have gone from having to manually turn a dial to select from a handful of channels, to having access to hundreds of channels.

According to statistics released by the Bureau of Labor Statistics, the average person spends 2.8 hours per day in front of the television, which shows that channel flipping is still a popular pasttime.

But large portions of the viewing population have decreased their time on the couch and choose instead to watch their programs on the go.

So billionaire investor Carlos Slim Helu decided to capitalize on this growing trend and put some of his dollars behind a new Internet venture which he calls Ora TV.

Ora, which is Italian for "now," claims to bring together the best of the Internet and the best of traditional televeision for one unique viewing experience.

Executives say the channel will especially cater to people who watch their shows on mobile devices. Unlike other web channels, Ora will provide high-quality video programming on smartphones, tablets, laptops and connected televisions, says the company.

It will also be the first online channel to be run like a traditional TV network.

Ideal time

Ora TV's CEO Jon Housman says now is the ideal time to offer a station that only provides Internet content, since the way people watch TV today has greatly shifted.

The first program to be broadcast will be the "Larry King Now" show, which debuted last week.

 "With the exponential burst in video consumption via Internet-connected devices, this is an incredible moment to be launching a digital network and studio, says Housman. ”Moreover, to create a new network with Carlos Slim and Larry King, arguably two of the most accomplished individuals in the worlds of business and broadcast journalism, is an unprecedented opportunity,”

Back into the fray

It's also a wonderful opportunity for TV legend Larry King to jump back into the media fray and establish himself among younger viewers who may have missed his popular CNN show which ran for 25 years.

King retired from his interview-based cable program in 2010.

"I am thrilled to be working with Carlos and Jon to create Ora TV, a bold new model for digital television," King said in a statement to the press. "The backing of Carlos given his stellar track record in the business combined with Jon's track record of leadership and innovation is a recipe for success."

The on-demand channel says it will provide the same production quality as  traditional programming, but will offer shows in many formats, including short-form segments.

"In addition to traditionally styled programs, we will produce shows in alternative formats and varying lengths so that viewers can find and get information and insights they really care about in ways designed to harness the new mobile and interactive platforms," said Housman.

"This approach will allow us to thoughtfully address topics and ideas that might not be as well suited to traditional TV. Additionally with Ora, we will be able to incorporate content, social interactions, and technologies in ways that are difficult to pull off with linear platforms," he added.

King Hulu

Just a few days ago Ora announced that it signed a licensing and distribution deal with Hulu, to stream the Larry King Now program exclusively. Each show will run for 30 minutes and will be digitally broadcast in the evening, Monday through Thursday, Easter Standard Time.

The buzzed-about talk show can be viewed free of charge on Hulu, Hulu Plus subscription services, Ora TV and on-demand.

Ora says it will also be releasing other shows, and hopes to be a pioneering force in the way people watch TV today.

If the station truly wants to be successful it will have to develop programming that caters to the younger portion of consumers, since they are the group most likely to watch online programming instead of traditional television.

According to a study conducted by Nielsen Media Research, those age 25 to 34 watched four and a half hours less television in 2011's third quarter, than they did the same time one year prior.

The study, which was first reported by the New York Times, also showed that viewers age 12 through 17 watched nine fewer minutes of TV a day, and 18 to 24 viewers watched six fewer minutes a day, which shows younger consumers are choosing other mediums to watch their programs on.

And Carlos Helu, who is considered the richest man in the world, says this venture with Ora TV will change the way digital media is presented, and feels the company is at the beginning of a digital revolution in the realms of Internet-based programming

"Ora TV represents a great opportunity," he said. "The business model is sound and the team brings the talent and industry understanding that will help Ora stand out in digital television, a category which is primed for exponential growth."

Television is constantly evolving.In just the last few decades consumers have gone from having to manually turn a dial, to having access to hundreds of c...

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DIRECTV, Viacom Reach Deal On Channels

All is well again in TV Land for DIRECTV subscribers upset that Viacom yanked 17 channels from the satellite service in a contract dispute. The two sides have announced agreement on a long-term contract.

On July 10 the Viacom channels, including Nickelodeon, Comedy Central, MTV, BET, Spike, CMT, TV Land and ten other channels disappeared from the system, leaving many viewers upset.

"DIRECTV dropped Viacom and yet they are charging me as if I am receiving them," Patricia, of Estill, SC, wrote in a ConsumerAffairs review. "It is totally unfair for them to continue charging the consumers when we are actually not able to watch these channels."

Phyllis, of Norfolk, VA, also viewed it as a reduction in service without a reduction in price.

"When I signed on eight years ago with DIRECTV, it included all these channels that have been taken away and they still want me, the consumer, to pay the same amount," she wrote to ConsumerAffairs.

Financial terms of the agreement that restored the channels were not disclosed but Businessweek quotes source close to the negotiations as saying Viacom will receive $600 million over seven year. Previously, DIRECTV said Viacom wanted $1 billion.

DIRECTV suggested the subscriber revolt that appeared on sites like ConsumerAffairs didn't play into the final agreement and that the satellite provider held its ground.

Standoff 'unfortunate'

“It’s unfortunate that Viacom took the channels away from customers to try to gain leverage, but in the end, it’s clear our customers recognized that tactic for what it was,” said Derek Chang, executive vice president of Content Strategy and Development for DIRECTV. “The attention surrounding this unnecessary and ill-advised blackout by Viacom has accomplished one key thing: it serves notice to all media companies that bullying TV providers and their customers with blackouts won’t get them a better deal. It’s high time programmers ended these anti-consumer blackouts once and for all and prove our industry is about enabling people to connect to their favorite programs rather than denying them access.”

Chang said the new agreement will also give DIRECTV customers will also gain the ability to see Viacom programming on tablets, laptops, handhelds and other personal devices via the DIRECTV Everywhere platform.

The dispute called attention to the growing tension between content providers and companies that distribute content to consumers. Currently rival Dish Network is embroiled in a similar contract dispute with AMC Network, which airs the popular series "Mad Men," "Walking Dead," and "Breaking Bad."

DIRECTV says the standoff with Viacom helped generate significant public support from high-profile DIRECTV competitors. The 850 small and independently owned local cable systems that make up the American Cable Association lent public support, the company said, as did Cox Communications, Time Warner Cable and Mediacom.

All is well again in TV Land for DIRECTV subscribers upset that Viacom yanked 17 channels from the satellite service in a contract dispute. The two sides h...

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Target Tells Singer Frank Ocean To Sail Away

Target and the LGBT community are entangled in debate once again.

The first round of back-and-fourth was in 2011, when the mega-store donated $150,000 to political action group MN Forward, helping the group back Republican Tom Emmer in his bid for the 2010 Minnesota governor’s seat. Emmer was and is opposed to same-sex marriage.

This current round of debate began when Target announced it would not sell the new album by R&B singer Frank Ocean, who recently announced he was bisexual.

Ocean's recently released CD "Channel Orange" has been a Top Twitter Trend for the past few days, and is currently the most-talked-about album in popular music at the moment.

Target says the CD ban is because Ocean released his highly anticipated album through iTunes a week earlier than it was supposed to be released in stores.

This took away the opportunity for Target to cash in on the album's first week's sales, as the digital release opened at number one in 10 different countries around the globe.

Really?

However many attribute the ban of Channel Orange to Ocean opening up about his sexual orientation.

"Target has refused to carry Frank's album because of iTunes exclusive, tweeted Christian Clancy, Ocean's manager. Interesting since they also donate to non-equal rights organizations."

It didn't take long for Target to fire back in a written statement saying it has a record of supporting a diverse group of artists regardless of sexual orientation.

"The claims made about Target's decision to not carry the Frank Ocean album are absolutely false. Target supports inclusivity and diversity in every aspect of our business. Our assortment decisions are based on a number of factors, including guest demand," the company said in a statement."

Clancy later removed his tweet and apologized. "I apologize for my comments about Target. They are not carrying Frank's album because it went digital first. Not for any other reason. My response was simply an emotional knee jerk reaction."

Back in 2010 Lady Gaga decided not to release her anticipated CD "Born This Way," after Target helped fund Emmer’s failed gubernatorial bid, making Target miss out on huge sales from the album which went on to sell 2 million copies in the United States.

In an effort to repair its image with the LGBT community, Target announced it would be selling pride t-shirts during June's LGBT pride month.

Deciding to partner with pop star Gwen Stefani, the retailer said it would donate up to $120,000 to the Washington D.C. LGBT advocacy group the Family Equality Council.

Half-hearted

But many considered Target's gesture as a half-hearted one, as the company only sold the shirts online, thus being accused of not wanting the gay pride message to be viewable in its stores.

Target again denied the claim while pointing out its history of support for gay pride festivities, especially in its home state of Minneapolis.

"Target is not anti-gay said Michael Francis, the company's executive vice president and CEO."It's important to set the record straight and provide some context."

In the case of Frank Ocean's album, Target continues to say the ban is solely related to the early exclusive iTunes release and nothing else.

"We focus on offering our guests a wide assortment of physical CDs, so our selection of new releases is dedicated to physical CDs rather than titles that are released digitally in advance of the date," the store said in a statement.

However there's a bit of inconsistency in that statement, as many artists have released their albums through early iTunes exclusives, but their physical releases are still being offered at Target.

Take the Minnesota based electronica group Owl City for example, who released their first major label debut through iTunes in an early digital release in 2009, but their album is still being sold at Target stores to this very day.

That certainly doesn't mean that Target is being discriminatory, but the retailers should maybe provide a stronger level of consistency when deciding not to sell CDs because of exclusive iTunes releases.

Target and the LGBT community are entangled in debate once again.The first round of back-and-fourth was in 2011, when the mega-store donated $150,00...

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DirecTV Axes Nick, Comedy Central and MTV

It's not Nick at Nite, or any other time, in 20 million American homes today. And the Jersey Shore? You can't get there from here.

DirecTV has axed Viacom's channels, which include Nickolodeon, the Comedy Channel, BET and MTV. And DirecTV's customers are not happy. After all, they want their MTV.

It's the latest stand-off between program producers and distributors. In this case, the usual tug of war -- Viacom wants more money, DirecTV wants to pay less -- is being aggravated by Viacom's aggressive courting of online viewers.

Viacom makes most of its programming available on Netflix, Amazon and YouTube. DirecTV and the other satellite and cable operators increasingly view Internet streaming as direct competition. They're not happy with Viacom and other program producers who are helping the streaming business get a foothold.

But try telling that to angry viewers. ConsumerAffairs conducted a sentiment analysis of about 620,000 consumer postings to social media over the last year and, not surprisingly, found net sentiment for DirecTV going off a cliff in recent days.

It's not just pocket change we're talking about. Viacom is pushing for a 30% increase, which works out to an extra $1 billion, according to Derek Chang, DirecTV's executive vice president of content, strategy and development.

Consumers rate DirecTV

Chang argued that the increases are out of line given declining ratings for many of Viacom's channels over the last year, including the kids network Nickelodeon.

Chang said Viacom was willing to let DirecTV continue carrying its channels while talks continued but DirecTV pulled the plug.

"Let's be clear, Viacom took these channels from DirecTV viewers," Chang said in a statement.

Viewers seem to know that. DirecTV is taking quite a bashing online.

"Every DirecTV customer should get a reduction in their bills for every day we are without 26 channels," fumed Greg of Cincinnati in a ConsumerAffairs posting.  "We shouldn't have to pay the same price. Why should I pay the same price for fewer channels?"

Our analysis found these positive (in green) and negative (in red) attributes most frequently mentioned by consumers:

Jarom of Anaheim, Calif., is one of the thousands of subscribers who tried to cancel their DirecTV contract, only to find it's not quite that simple. 

"So tonight, when I lost my channels that I watch, I called to cancel my contract with DirecTV. I was thinking that they just took away 26 channels from my plan. So they must not be able to still charge me the same or at least charge me for all 17 more months, $20 per month, since they aren't living up to their end of the commitment," Jarom said.

"On the phone with the specialist, this is the response I got to start my call with him. 'I don't want to be that guy, but technically we could drop all your programming and still charge you the same for every month that's left on your contract.' Now I am not a lawyer or anything close, but how could that be legal at all?"

The sad truth that Jarom and other subscribers are learning is that they have a multi-year contract with DirecTV that doesn't give them the option of cancelling except at the end of the contract. Most likely, the contract does not require DirecTV to provide a specific program line-up and the customer rep Jarom spoke to is thus technically correct in his seemingly outlandish statement. 

But now that consumers have harnessed the power of the Internet to make their wishes known, it's becoming harder for large corporations to simply impose their will without considering the consequences.

It's likely this squabble will be worked out shortly, as it is not in either side's interest to infuriate their customers any longer than necessary.


It's not Nick at Nite, or any other time, in 20 million American homes today. And the Jersey Shore? You can't there from here.DirecTV has axed Viacom's c...

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It's Just Round 1 of the TV Networks vs. Dish Grudge Match

Commercials are like dentists.  Everybody complains about them and tries to avoid them but they're a necessity of modern life.  Without them, we'd have no free TV programs and no teeth.

Using computerized sentiment analysis, we eavesdropped on 17 million consumer postings to social media sites over the last year to see how folks were feeling about commercials.

The answer: not so good. Net sentiment hovered close to zero all year, dipping to -9 percent this month.

There's one big difference between dentists and commercials though: Dentists are here to stay, while commercials (and maybe free TV) are in trouble. Once again, the Internet is to blame. And once again, traditional media is having a hard time dealing with it.

You'll recall that a few years ago, newspaper publishers and the many big-J journalists who populate the think tanks and universities (and who should be sued for consumer fraud for recruiting students into a field that has fewer than no openings) decried the rise of news "aggregators" on the Internet and cursed the day that newspapers had put their content out on the Web without charging for it.

Well, guess what? Newspapers are now charging for their content but the Internet is still there and Google News is still sending eyeballs all over the universe instead of just to the front page of the Mulkeytown Gazette, as Mulkeytown's scribes would much prefer.

Newspapers, not famous for listening to their end users, never quite caught on that it wasn't price that was driving Internet reading decisions. Rather, it was convenience -- primarily portability and time-shifting. Readers could find stories they wanted to read and read them whenever they wanted to, without getting ink all over their fingers or having to fold a bulky newspaper into little tiny sections so as to make it subway-friendly. 

Justified, or not

Similarly, Internet video sites like YouTube, Netflix and Hulu are drawing eyeballs away from ABC, CBS, NBC and, yes, even Fox. Again, it's not because the Web streams are commercial-free; some are, some aren't. Rather, it's convenience and time-shifting.

Want to watch a whole season of "Justified?" No problem. It's out there somewhere. 

This irks TV networks and over-the-air stations, who are feeling the same audience erosion so familiar to their print brethren.  It's sort of a "Where's the rest of me?" emotion as, one by one, viewers stop behaving like mushrooms and start behaving more like wiley foxes who go out prowling around for something tasty. 

Since it's a relatively slow erosion, like the Colorado River creating the Grand Canyon, everyone has sort of learned to live with it. But now a disruptive gambler named Charlie Ergen has managed to set off an earthquake that is shaking things up much more violently.

When Ergen's Dish TV rolled out its Auto Hop feature last month -- allowing consumers to automatically skip commercials on TV shows they had recorded on their digital Dish recorders -- the TV world went ape and began papering Ergen with lawsuits and declaiming that he would go down in history as the man who killed off television as we know it.

Which might not be a bad thing, but that's another story.

Consumers sound off about Dish

See, everybody knew that viewers had been avoiding commercials since the first VCR was introduced a few decades ago. Everybody knew it but no one talked about it. The rating services chose to ignore it, the networks ignored it and the advertising agencies ignored it. No one wants to kill the golden goose, after all, and so what if major brands spend billions of dollars on commercials that fail to reach entire battalions of eyeballs?

But thanks to Charlie Ergen, the subject is now out in the open and must be dealt with. Something of a recluse, Ergen seldom speaks to the press but the Wall Street Journal managed to lure him out to a waffle house the other day, where he presented his side of the story.

Not targeted

Dish TV has previously painted itself as the consumer's friend -- and has presented Auto Hop as simply providing a service its customers have been asking for.

But Ergen took it a step further in the Journal interview, blaming consumer distaste for commercials on -- are you ready? -- the commercials. Oh sure, they are loud, intrusive, crass and all those things. Everybody knows that. But what Ergen finds truly objectionable is that most TV ads are not targeted.

Does a 22-year-old want to watch a commercial for denture cream? No, of course not. Does an elderly pensioner want to see spots for condoms? No, and therein lies the rub.

The answer, says Ergen, can be found on the Internet, which has put the concept of targeting -- something ad people talk about but don't really do very often -- into practice in a big way. 

Think about it a minute. Those little Google text ads you see everywhere and the display ads you see in the few spots not filled by text ads or a small squirt of content? They're targeted, sometimes eerily so.

Targeted ads have many advantages.  They work better for advertisers, producing a higher response rate at less cost. They work better for consumers, presenting information that may actually be useful and not therefore quite as distracting. And, perhaps most significantly, they support all kinds of content that would never see the light of day otherwise.

The TV and advertising worlds need to peer carefully into the mirror, Ergen thinks. Instead of lambasting him, suing his company and clogging up Capitol Hill with hordes of whining lobbyists, they need to get busy figuring out how to deliver narrowly targeted ads that viewers won't be so eager to get away from.

After all, if dentists didn't target their work carefully and simply drilled, pulled and spackled with wild abandon, would they seriously expect to keep their appointment books filled to overflowing?

This is a boxing match that's just in the latter half of the first round. It has a ways to go, although there's always the chance of a knock-out. But whoever wins, assuming Congress and the alphabet soup agencies stay out of the way, it's likely consumers -- you know, viewers -- will be the winners. 

Stay tuned.

Commercials are like dentists.  Everybody complains about them and tries to avoid them but they're a necessity of modern life.  Without them, we'...

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Survey Shows 3D TV Sales are Growing but They're Still Unpopular

Although sales numbers of 3D TV's continue to rise in the U.S., with a 74 percent  growth in units and a 64 percent growth in revenue over the last 12 months, only a small portion of the buying public is interested in purchasing the relatively new product.

All of this is according to The NPD Group's Retail Tracking Service, which conducted a survey that found just 14 percent of consumers expect to buy a 3D television, compared to 68 percent that says it's a "nice feature to have" and would only consider buying it in the future.

"3D has been a success for the television market from a sales perspective," said Ben Arnold, director of industry analysis for The NPD Group. "However, few consumers cite watching content in 3D as a reason for purchasing a TV, indicating that other factors such as screen size, resolution, and Internet connectivity hold more importance."

Sales of 3D TVs made up for 11 percent of all flat-panel TV sales in the first quarter, according to researchers.

No glasses

The survey also mentions that many consumers believe wearing 3D glasses, and having to purchase additional accessories takes away from their interest in buying a 3D TV. As of now, the glasses-free 3D television hasn't been introduced to the consumer market yet, which possibly further delays the customer's interest.

Also, since there's currently no nationwide 3D network, consumers said it would be a challenge to plan when they would use the 3D feature, which in their minds eliminates the entire reason for buying such an expensive piece of technology.

However, when sampling the television in person, 70 percent of consumers said they were "impressed" or "amazed" with the product, according to the survey. But those high percentages did little to increase overall interest.

Arnold also says that sports fans are and will be heavy consumers of 3D televisions, as more than half said they consider it an enhancement to watching their favorite matches.

"In addition to movies and gaming, sports are essential to growing 3D TV ownership. Nearly six-in-ten sports fans are interested in watching games and matches in 3D," said Arnold.

"This summer, manufacturers and content providers can leverage large scale events like the Olympics in London and the Euro 2012 soccer tournament by televising and marketing 3D technology. Our research suggests ownership of 3D TV doesn't necessarily mean consumers have adopted the technology. Getting owners to put on glasses and watch content is the real measure of 3D's success."

Although sales numbers of 3D TV's continue to rise in the U.S., with a 74 percent  growth in units and a 64 percent growth in revenue over the last 12...

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Couldn't Make It to Cannes Film Festival? There's an App for That

For those foreign film buffs, here's one for you: The company Go Social LLC has announced the launch of what it calls the first application to provide short international films directly to your iPad. The new app is called the Go Social Film Magazine iPad application, and it's free to download.

Announced at this year's Cannes Film Festival, the app will provide a monthly stream of short films from filmmakers all over the globe, and it also gives film buffs background movie information, via exclusive interviews, extra scenes and up to date global film news.

"Too often short filmmakers are under-recognized and their films don't get the exposure that they deserve. We've created this great cutting edge distribution platform to benefit these filmmakers as well as film lovers." said NadzeyaHuselnikava, CEO of Go Social in a press release.

Users can also link their Twitter and Facebook pages to the app, allowing them to directly communicate with the filmmakers and those involved in the film's production. This is an ideal application for those movie buffs, who desire to keep abreast of what the international film community is up to. It's nearly like having a pass to the Cannes Film Festival on a monthly basis.

Go Social

"We chose to launch Go Social Film Magazine at the Cannes Film Festival 2012 because of its worldwide reputation and love of film directors, said Jason Rogan, co-creator of the new app. "The Short Film Corner at Cannes does an amazing job of recognizing short filmmakers, and bringing their films to a wider audience."

"Cannes is the perfect place for us to reach out to the short film community and give filmmakers an opportunity to be featured in our magazine,"he added.

Those who are filmmakers themselves can also submit their own movies to be considered for play on the application. Users would go to the Go Social film website and fill out a quick electronic form. The company will then send you an informational packet concerning the details of submitting your movie.

Go Social feels this is a new way of connecting international film makers and the movie going public in an inventive way. The company also sees the app as a new way to market up and coming films, especially those movies that are more on the obscure side.

"This app takes promotion for filmmakers to a whole new level," explains Director Michael Wright, whose film Dark Side is featured in the first issue of Go Social Film Magazine.

"Filmmakers think in visuals and this enables a perfect fusion of moving pictures, stills and the written word. Until now, people have been just reading about movies in publications. This new platform opens up whole new possibilities for the promotion and enjoyment of film," he said.

For those foreign film buffs, here's one for you: The company Go Social LLC has announced the launch of what it calls, the first application to provide sho...

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Yahoo Creates Virtual Board Game to Entice Movie-Goers

Here's a rather innovative way for studios to let you know about the up and coming summer movie releases: Yahoo has recently launched "Movieland", an interactive online game promoting 35 soon-to-be-released big budget films.

All of the major movie studios, along with the California-based Internet company, have created a virtual board game kind of like Monopoly, where each square represents a different summer release. By playing the digital game, moviegoers can win movie prizes, see new trailers and purchase tickets. 

"The company hopes the game will encourage repeat visits as users compete with one another and share their achievements on social networks," said Ken Fuchs, vice president and head of sports, entertainment and games at Yahoo Media Network. "It sucks people into an experience," he said.

All of this is an effort by Yahoo to market the Yahoo Movies site, which already reaches millions of consumers each month. And film studios like Universal are equally excited, as Hollywood studios never desire to leave any stone unturned when it comes to promoting and selling one of its films.

Debuting earlier this week, the game already has trailers for such summer releases as, "Snow White and the Huntsman," the next Batman epic "Dark Shadows", and the Jennifer Lopez release "What to Expect When You're Expecting."

Immersive and engaging

In a statement to a West Coast media outlet, senior vice president of digital marketing at Universal said "We have seen interactive experiences that have a game structure to them to be more immersive and engaging relative to the exposure to our films," he explained. "Movieland is a great way to drive people into a more organic conversation around our film.

Movie consumers can also compete with other online players and win exclusive badges for all types of movie going perks, and also win other items by answering certain trivia questions. But the ultimate prize is winning a movie badge that gives the customer free movie tickets until the year 2020. That's a pretty nice prize considering what a movie ticket will run you these days.

Players of the game can also see critic reviews, subscribe to Yahoo's movie newsletter and see exactly where certain films are playing.

But, will simply playing a board game really drive consumers to the movie theater more often? Both Yahoo and film studios may be disappointed about how successful this new venture is, as consumers have been going to the movies less now than ever.

This could be attributed to movies being released on DVD practically weeks after the theater release, or consumers cutting back on their entertainment spending. Or, it could be due to consumers having new computer games to be entertained by like this one.

 We'll see if the movie studios and Yahoo actually see an impact on summer movie sales as a result of its newly created board-game.

Here's a rather innovative way for studios to let you know about the up and coming summer movie releases: Yahoo has recently launched "Movieland", an inter...

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A New App From MoodMusic and iTunes Just Released

Free music sites are popping up faster than artists can make the music. Between Spotify, Grooveshark and Mixcloud, customers can choose not to buy new music ever again. Kind of sad but true.

The newest site to emerge is MoodMusic, which is creating a new Internet radio application for iTunes. MoodMusic isn't actually new, as the company introduced a free music application through Facebook back in 2010, but had to shut down in order to re-code the app.

In its new go-around, MoodMusic is trying to pull in users through a pretty creative marketing idea. The first 100,000 people to download the application will receive a share of stock in the company, by completing an email verification. The app will remain free until June 1, 2012, then customers will have to pay a 99-cent charge to access it.

The company said it's eager to enter into its second phase of business after partnering with iTunes, and are attempting to return to its digital glory days, when the company achieved 20,000 downloads in just the first couple of months.

"Facebook threw us a bit of a curveball by returning to Java, which has left our $85,000 Facebook app on the sidelines but ready for a re-launch. This has been a bit painful because this application along with a MoodMusic.fm website allows for the service to be completely cloud-based which of course is what our customers are asking for," the company said in a statement.

The goal of MoodMusic is to allow each member to become a DJ, by allowing users to share their favorite tunes to other MoodMusic customers. The app will allow members to connect with online friends in order to listen to the songs they've posted. Friends can also access the songs that you've posted. It's all pretty similar to what SoundCloud does.

In addition to its social music station, MoodMusic is also trying to tap into the underground music scene. In 2011, the Internet company bought BuildingBands.com, which allows musicians to post their music for potential discovery.

Aside from the free share of stock that people will receive from downloading the music app, there isn't anything that is vastly different about MoodMusic from other social radio stations.  However consumers have about two weeks to give the application a free whirl.  After that it'll cost you.  Those interested can find the app here.

Free music sites are popping up faster than artists can make the music. Between Spotify, Grooveshark and Mixcloud, customers can choose not to buy new musi...

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More From Downton Abbey ... After This

If you're eagerly awaiting the next season of Downton Abbey, you may be dismayed to learn that political and "public-interest" ads may soon be coming to a public television station near you. 

In one of two decisions not likely to be popular with those who dislike advertising, a federal appeals court in California has overturned a federal law barring public broadcast stations from accepting political and public-issue ads (you know, the ones about how great oil drilling is), saying the restriction is unconstitutional.

Meanwhile, in Massachusetts, a federal judge has ruled that Worcester's ban on outdoor tobacco ads is also unconstitutional, saying it bars tobacco companies from advertising their products -- which are legal, after all -- to adults who may legally purchase them.

What's next? Ads on Cuban TV?  

Perhaps ironically, here in the Land of the Free, the advertising that supports the free press that underpins democracy is reviled on every hand, while "public" television -- which is what foundation- and government-supported TV calls itself -- is somehow seen as inhabiting a higher plane.

But this holier-than-thou attitude cut no ice with the U.S. Circuit Court of Appeals for the Ninth Circuit, which reversed 2-1 a decision by a lower court that upheld the federal advertising ban.

What? You think there's already advertising on public television? No, no, those are just underwriting announcements from public-spirited corporations and foundations that are strictly interested in uplifting public culture, educating the teeming masses and so forth. You know, the oil and drug companies.

The way the Ninth sees it, ads that push ideas -- like political and public-interest ads -- are protected by the First Amendment while ads that try to sell something, like cars or soap, are "commercial" speech, which has always been accorded less protection than the ravings of the nearest zealot on a soapbox.

Whether public TV and radio stations decide to hire flotillas of advertising salespeople remains to be seen, but it's hard to see how the tide can be held at bay for too long, given the rather threadbare condition of many public stations, set upon by the likes of YouTube and Vimeo, not to mention Hulu and Netflix and the dread gargantua Amazon. 

Public outcast

The case before the Ninth involved a relative outcast of the self-consciously patrician public broadcasting world -- KMTP, a San Francisco station operated by the nonprofit Minority Television Project.  It doesn't receive funding from the Corporation for Public Broadcasting and subsists entirely on what it is able to scrape together from donations, corporate sponsorships and the occasional grant. 

It broadcasts a hodge-podge of programming, everything from what appears to be a wedding channel to German, Russian and Italian programming.  

In 2002, the Federal Communications Commission fined the station $10,000 for airing commercials. For whatever reason, the Ninth didn't see fit to return the $10,000, even though little KMTP could probably use the money.

Blunt bans

In the Worcester case, U.S. District Judge Douglas Woodlock found that, however much it may wish its residents didn't smoke, "Worcester may not prohibit tobacco advertisements in order to prevent adults from making the choice to legally purchase tobacco products."

The judge also snuffed out Worcester's banning of ads for "blunt wraps," rolling papers generally used to assemble marijuana joints. 

Even though Worcester has outlined the sale of blunts, they are legal in neighboring Fitchburg and, therefore, can be advertised in Worcester, the court held.

If you're eagerly awaiting the next season of Downton Abbey, you may be dismayed to learn that political and "public-interest" ads may soon be coming to a ...

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Neil Young Hopes to Tune Up Digital Music

Those iPad earpods may look cool but they sound awful.  So says no less an authority than Neil Young.  It's not entirely the pods' fault, though, it's the abysmal audio quality of the MP3 protocol that today encodes most digital music.

Young launched into a diatribe at a recent media conference, dissing and dismissing the MP3 format as having just "5 percent of the data present in the original recording."

"When I started making records, we had a hundred percent of the sound," said Young at the D: Dive Into Media conference in January, Rolling Stone magazine reported. "And then you listen to it as an MP3 at the same volume – people leave the room. It hurts...It's not that digital is bad or inferior. It's that the way it's being used is not sufficient to transfer the depth of the art."

If you think this isn't true, hook your iPod up to a really decent stereo system -- not a "home entertainment" system with lots of itty bitty speakers hidden around the room. First, play a complex piece of music -- you know, something like Beethoven or the Grateful Dead. Then listen to the same piece of music from a CD. 

Go ahead, crank it up.  The neighbors won't care. They're in foreclosure anyway.

Hear the difference? If everything's working properly, it should be as obvious as the difference between high-def TV and the old NTSC (a technical term that might as well mean "never the same color").

Not just saying ...

But unlike lots of us, Neil Young isn't just sitting back and complaining, he's doing something about it.  Or so it appears anyway. Rolling Stone says Young has filed a number of trademark applications with the U.S. Patent and Trademark Office recently, applications with names like "21st Century Record Player," "Earth Storage" and "Thanks for Listening."

Young apparently envisions a service that would allow music fans to download audio files that sound like the studio recordings of the past, as opposed to the über-compressed song files that are currently available at MP3 stores like iTunes and Amazon.

This would fit with Young's previous assertions that we're in desperate need of a "high resolution" audio format that would deliver the 95 percent of the sound that's completely missing from the MP3 format.

There are other formats out there now but none really approaches original studio quality -- which is odd considering how much fawning attention is given to high-def video and, for that matter, to the upgrading of sound systems in major theaters around the country. Why are most consumers willing to put up with 1950s sound in 2012?

It's likely to take about a year for the applications to work their way through the trademark office, which is both notoriously slow and also notoriously picky. But keep your ear to the ground and we'll see -- and hear -- what develops.

Those iPad earpods may look cool but they sound awful.  So says no less an authority than Neil Young.  It's not entirely the pods' fault, though,...

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Movie Chain Settles Discrimination Claims

In a settlement with the state of Illinois, AMC Theatres will provide access to movies for consumers with both vision and hearing disabilities.

Illinois Attorney General Lisa Madigan says the chain will provide personal captioning services and audio-description technology for movie-goers with hearing and vision disabilities at all of its theaters and its 460 movie screens.

“This technology will allow people with disabilities to enjoy a movie right alongside their friends and families unlike ever before,” Madigan said.

By 2014, AMC movie theaters in Illinois will be equipped with captioning services and audio-description devices. The technology will be available to movie-goers at nearly any movie at an AMC theater and at all of a film’s listed showings.

In 2010, AMC settled charges with the U.S. Department of Justice that its theaters were not in compliance with the Americans for Disability Act. The suit concerned wheelchair accessability and not whether the movies were accessible for the hearing and sight impaired.

Madigan said the settlement is a significant development for people living with disabilities in Illinois. Prior to the agreement, Madigan said, only 21 out of 246 movie theaters in Illinois offered closed-captioning services and only 10 offered audio-description services.

Two-year effort

Madigan got involved two years ago when a disability rights group, Equip for Equality, brought the issue to her attention. At the time, she says, only a small fraction of movie theaters offered the technology for only a limited number of movies and usually at showings set at off hours. Whether or not it took a lot of persuading, AMC seems to be fully on board now.

“AMC is committed to providing the best possible moviegoing experience for all of our guests, which includes the conversion to digital presentation,” said Noel MacDonald, vice president of Operations at AMC Theatres. “For the past several years we’ve worked with suppliers to develop digital assistive technologies that can be implemented on a broad scale. We’re excited that this technology allows everyone to join us at an AMC theatre.”

Equip for Equality sees the agreement as a big step forward.

“Under the agreement, people who are deaf, hard of hearing, and blind will now be able to fully enjoy going to the movies, like all other citizens of Illinois,” said Amy Peterson, senior attorney for Equip for Equality.

In a settlement with the state of Illinois, AMC Theatres will provide access to movies for consumers with both vision and hearing disabilities.Illinois A...

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Convert Your DVD Movies to Online Streaming

If you have a collection of movies and TV series on DVD, but find you hardly ever watch them anymore, you might consider converting them to streaming files you can access online.

Walmart has started a new service - with the full cooperation of Hollywood - in which it is giving physical DVD/Blu-ray collections across the country a second life by turning them into digital movies.

Starting April 16th, in more than 3,500 stores, Walmart customers will be able to bring their DVD and Blu-ray collections to Walmart and receive digital access to the content from the partnering studios.

The cost for standard DVDs and Blu-ray discs will be $2. Standard DVDs can be upgraded to High-Def (HD) for $5.

Walmart said it is partnering with the major Hollywood studios: Paramount Home Media Distribution, Sony Pictures Home Entertainment, Twentieth Century Fox Home Entertainment, Universal Studios Home Entertainment and Warner Bros, to provide the new service.

Accessing movies in a different way

“Walmart is helping America get access to their DVD library,” said John Aden, executive vice president for general merchandising, Walmart U.S. “Walmart Entertainment’s new disc-to-digital service will allow our customers to reconnect with the movies they already own on a variety of new devices, while preserving the investments they’ve made in disc purchases over the years. We believe this revolutionary in-store service will unlock new value for already-owned DVDs, and will encourage consumers to continue building physical and digital movie libraries in the future.”

Watching movies on physical media can be slow and cumbersome for some consumers, who have grown accustomed to instant access to content via their smartphones. Walmart says the new service will make it unnecessary to load discs into players to watch a movie.

“Consumers want value and convenience and Walmart’s disc-to-digital service will deliver both while helping consumers realize the benefits of digital ownership,” said Ron Sanders, president, Warner Home Video. “Between the heavy foot traffic in-store and the aggressive educational campaign Walmart is planning, this partnership is the perfect opportunity for us to reach a mainstream audience much sooner than by more traditional means, while making the process as quick and easy for consumers as possible.”

Walmart's new service will allow you to access your DVDs online...

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Morton's Steakhouse Too Big to Swallow?

Morton's steakhouses are known for serving large chunks of animal protein but the new owner of the chain may be finding he bit off more than he can chew.

On the same day he completed acquisition of the Chicago-based nationwide chain, Texas billionaire Tilman J. Fertitta closed locations in Boston, Phoenix, Miami Beach, Jacksonville, Atlanta, Denver, Brooklyn and Tysons Corner, Va, according to published reports.

As of late last month, the company owned and operated 77 Morton’s steakhouses located in 64 cities across 26 states, Puerto Rico and six international locations, according to Morton's.

Fertitta, who also owns the Landry’s chain, paid about $179 million for Morton's, which bills itself as the "world’s largest operator of company-owned upscale steakhouses."

Morton's steakhouses are known for serving large chunks of animal protein but the new owner of the chain may be finding he bit off more than he can chew....

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What's On Your Mind? Netflix, Midas, Best Buy

It hasn't been such a great year for Netflix, at least the second half of it. The video rental company that seemingly could do no wrong alienated a lot of customers with its new pricing policies. And, it turns out, at least one customer is unhappy with her treatment by customer service.

"I have been a loyal customer for about a year now," Michelle, of Louisville, Ky., told ConsumerAffairs.com. "This December I found where Netflix was charging two of my credit cards. Both accounts had the same name. I called Netflix when I found this and the operator stated that he could clearly see that I had not signed up twice and I would be credited all my money back to my credit card on the account created in July. However this did not happen I was only credited for three months of the six months I was billed. I called and asked Netflix why I couldn't have the rest and was told their system would not let them refund that to me. Then I asked if they could give me a free month because they could clearly see it was a fraud account and the guy on the phone today was rude, disrespectful, and refused to allow me to speak to a supervisor or someone in a higher position than him."

Michelle says she still doesn't know how Netflix started charging her second credit card.

Gender bias?

It's an old story. Many female consumers say they feel they are singled out for unfair treatment when they go to purchase or repair a car. Tina, of Port St. Lucie, Fla., says it happened to her when she took her vehicle to a Midas repair shop.

"I took my car in for a little squeal and was quoted a price of $489.00 for new rotors and pads on the front," Tina said. "I told the guy that I couldn't afford that and to just cut the rotors and put the pads on. When he said he couldn't do that I told him to put the wheels back on and I would pick the car up. I took the car to my old mechanic who told me that I didn't need brakes, they just needed cleaning!"

Tina's bill at her old mechanic? $48! The moral of the story is don't hesitate to get a second opinion when the price sounds out of line.

Huh?

Leah, of Flowery Branch, Ga., said she didn't want an extended warranty on her new iPhone but said the clerk at Best Buy talked her into it.

"He said buy it for a month and cancel it, since most people damage it the first month," Leah said. "I did and now when I've tried to cancel it I was transferred five times and then the message said the call could not be transferred. Obviously making it very difficult to cancel coverage."

Not only that, the situation as Leah describes it makes absolutely no sense. An extended warranty kicks in after the manufacturer's warranty expires. That's usually 12 months. It sounds like the clerk was just trying to make a sale and, unfortunately, Leah fell for it.

Here is what's on consumer's minds today: Netflix, Midas, Best Buy, Gender bias and confusion....

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What's On Your Mind? Netflix, Bank of America, Covergirl

Just a few months ago Netflix, it seemed, could do no wrong. But lately we've seen a lot of complaints, especially about problems with rented DVDs. Capell, of Laceys Spring, Alabama, complains about the volume.

“Thousands of Google searches return 'low volume' problems,” Capell told ConsumerAffairs.com. “Try to file a complaint with Netflix. It's like being on a merry go round. No answers, no resolutions, and no way to submit a complaint with their 'automated problem solver.'”

Netflix recently split its business between video streaming on the Web and the original DVD-by-mail service. Those sticking with the DVDs seem to be the ones generating the most complaints.

Falling from grace

Many creditors give you a short grace period to pay your bill. If you pay it within that grace period, you aren't charged a late fee. But keep in mind, if you exploit that grace period, your payment is still late. Traci, of Mechanicsville, Md., has a mortgage with Bank of America that is due on the first of the month, but she pays it on the 15th.

“I get two calls a day letting me know my mortgage is in arrears,” Traci said. “I have paid my mortgage on the 15th for 12 years. When I went into my local branch to try and get the calls to stop there was nothing they could do. This was the first they had heard of this and seemed as surprised as I was to learn that any payment after the 1st is past due.”

And because it's past due, the mortgage company is within its rights reporting it to the credit agencies. The best policy is to pay the bill by the date that's due, not by the date when they start charging a fee. Technically, Traci is in default and if BofA wanted, it could foreclose on her home.

Negative reaction

It's distressing when a product you've been using for a long time seems to develop negative effects.

“Two days ago I got Covergirl moisturizing top coat,” said Uma, of Potomac, Md. “I applied it at work in the afternoon and by the time I was leaving for home at 5.00 my lips started swelling with little bumps around the rim. This got worse the next day with skin becoming dry, flaky and painful. Seems like an allergic reaction. Strangely, I have used this product before with no reaction. I had a similar reaction when I used Chapstick before and had totally stopped using it. I looked it up and found out both these products contain propyl paraben that can cause contact dermatitis.

Whether its toothpaste or hair coloring, some products can cause severe reactions in some consumers but not others. In many cases, the product hasn't changed, but people have suddenly developed new allergies. If this happens you should see a doctor as soon as possible.

Cosmetics and toothpaste are often the source of complaints like Uma. Almost always, the underlying problem is an allergy or hypersensitivity.  The simple solution? Try another brand.

Here is what's on consumer's minds today: Netflix, Bank of America, Covergirl, falling from grace and negative reaction due to consumer's developing new al...

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Twilight Movie Draws Seizure Warning

Movies are rated for violence and adult content. The blockbuster Twilight Movie: Breaking Dawn, has drawn a warning about potential seizures.

The warning comes from the Epilepsy Foundation, after receiving reports from some movie-goers after the film opened late last month.

"A scene in the latest Twilight movie, Breaking Dawn: Part One, has reportedly caused seizures in at least two audience members," the foundation warned in a posting on its website. "The scene contains flashing lights, which can sometimes trigger seizures in people with photosensitive epilepsy."

So far there have been at least nine reports of movie-goers having seizures during a very graphic and intense birth scene that includes a multi-colored strobe light effect. The Epilepsy Foundation says its something people should be aware of before they buy a ticket.

"If you have photosensitive seizures, please take this information into consideration when deciding whether to see this movie," the Foundation advises.

Nearly three percent of the nearly three million Americans with epilepsy have photosensitive epilepsy, according to the Foundation.

Twilight Movie Draws Seizure Warning...

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Google Music Takes Aim at iTunes

The competition between Google and Apple, two behemoths of the consumer technology world, continues to ratchet upward with the introduction of Google Music.

Google Music allows users to buy music through the Android Market, taking direct aim at Apple's music service, iTunes. Google says the idea is to allow consumers to access their music collections easily from any device.

However, while Apple and Google portray themselves as dueling innovators out to save you time and money, it's streaming services like Spotify that may actually offer the best deal -- meaning the most music with the least restrictions at the lowest cost.

Spotify offers millions of titles that you can stream through your computer, smartphone, iPod or other device.  Prices range from free to $9.99 per month for unlimited listening with extended audio fidelity. 

Google says its new store offers more than 13 million tracks from artists on Universal Music Group, Sony Music Entertainment, EMI, and the global independent rights agency Merlin as well as over 1,000 prominent independent labels including Merge Records, Warp Records, Matador Records, XL Recordings and Naxos.

At the store, consumers will purchase individual songs or entire albums using their computers or mobile Android devices. The music will be added to the user's Google Music library, where it can be accessed from other devices.

In addition, Google said users who buy music will have the ability to share a free full play of a purchased song with thour friends on Google+, the company's social networking site. Critics might say that Google has now completed the transition to full-scale corporatespeak by inviting you to promote its other products while claiming that as a consumer benefit.

Free music downloads

To celebrate the launch, Google said it is providing some music for free. The downloads include: song from a never-before-released live concert album from the Rolling Stones, recorded in 1973 

  • A live recording of "Every Teardrop Is A Waterfall," by Coldplay
  • Busta Rhymes’s first single from his upcoming album, "Why Stop Now"
  • Shakira’s live EP from her recent concert in Paris and her new studio single, “Je L’Aime à Mourir”
  • Pearl Jam's live album of its 9/11/11 concert in Toronto
  • Two live albums from the Dave Matthews Band
  • Tiesto's new mix "What Can We Do"


Google says any artist who has all the necessary rights can distribute his or her own music on its platform, and use the artist hub interface to build an artist page, upload original tracks, set prices and sell content directly to fans—essentially becoming the manager of their own far-reaching music store.  

Google launches music store at Android Market...

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What's On Your Mind? Sirius XM, AAA, Spirit Airlines, ILD Teleservices

We've heard repeatedly from Sirius XM customers who say they have a difficult, if not impossible time cancelling the service when they no longer want to subscribe.

"I called to cancel the renewal of my service," Richard, of Poughquag, N.Y., told ConsumerAffairs.com. "However, customer care personnel said they could not handle the request. They transferred my call, or so they said, to the proper agent. After waiting 30 minutes I received no response. I tried the same procedure several times and the same situation occurred - that is, no response."

Richard says he called back another time and relayed the message and told the agent that they were responsible for cancelling his service, as he was not gong to try again.

"That evening I received three calls from customer care personnel informing me that that my service was not cancelled," Richard said. "When I again told them to cancel the renewal service they hung up on me."

It's hard to believe Sirius XM customer service people are so busy they don't have time to process a cancellation. Chances are they would really rather not give up a customer. We've been told by more than one consumer that, when dealing with customer service representatives, threatening to file a complaint with their state attorney general appears to be a magic phrase. We suggest Richard do that, and actually follow through with a complaint to New York Attorney General Eric Schneiderman.

Hands off

When a company takes more money than it is supposed to from your bank account, it is very hard to get a refund. Companies don't like to give money back and many, in recent years, have established internal safeguards against employee fraud that can make it a difficult and complex process.

"My debit card was charged two times for my AAA membership and they won't refund me my money," said Roseller, of Las Vegas, Nev. "I've called several times and they said that they will give me a refund but it has been nine days. My husband is on his Army duty for two weeks in California and I told AAA that he needs money for gas and food and my checks are going to bounce if I don't get my refund and they keep telling me they will refund me my money but until now I haven't seen a single cent put back into my bank account."

If you can possibly avoid it, you should never give a company the ability to deduct monthly payments directly from your bank account. It is better to set up an auto bill pay through your bank, or if the company insists on a direct charge, give them a credit card instead of a debit card. A credit card charge can be disputed.

A fee for everything

Spirit Airlines makes no apologies for its fees - the highest of almost any other airline. The company points out that people who don't want to pay a lot to fly can avoid doing things that carry fees. But for travelers, like Leanna, of Delta, Colo., the first time flying Spirit can be something of a shock.

"At the time of booking I was not informed of any unusual charges," Leanna told ConsumerAffairs.com. "However when I went to check in I was shocked to be hit with the following unexpected and ridiculous charges which are not a part of any other airline that I know of; $40 for first check-in - more than double that of most airlines; Additional $33 for my carry-on! A $14 seat charge! Am I supposed to ride on the wing? Sit on the floor?"

Leanne says airlines need to make fees more transparent at the time of booking. Department of Transportation rules to do just that are in the works.

Crammed

Margaret, of Rockville, Md., said she opened her Verizon bill to discover she had been"crammed" by ILD Teleservices, which billed her $12.95 for a service called Compufix.

"I called the 800 number provided to demand the service be cancelled and the charge reversed," Margaret said. "The woman who answered tried to sell me on the service, saying that my husband had signed me up. He did not. I got a 'confirmation number' for the cancellation, but was told it would take three billing cycles for the charge to be reversed. Immediately after hanging up I called Verizon to report the issue, gave them the cancellation confirmation number and asked them to remove the charge and block all third-party billing on the account. I was told by the Verizon rep that my balance due on the account now reflected correctly, but I guess I will have to see."

In May of this year consumers filed a class-action suit against ILD, accusing the Florida-based company submitted fraudulent affidavits to the local telephone companies claiming that it had the required proper information for each transaction. The suit charged the actions violated the Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO.

Here is what's on consumer's minds today: Sirius XM, AAA, Spirit Airlines, ILD Teleservices, Hands off, A fee for everything and Crammed....

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Google TV II Will be Minus the Logitech Revue

There's a lot of buzz about Google TV's second edition, due out later this month, but whatever the new features may be, one of the venture's original partners won't be along for the ride this time.

Logitech says its Revue product was "a mistake of implementation of a gigantic nature."  The company plans to let inventory run out and will not produce a follow-up product, Logitech's new CEO told an investor conference this week.

Guerrino De Luca called the Revue "a beta product" that should not have been rolled out the way it was and said it had "cost us dearly."

Yes, and it cost a lot of consumers dearly too.  Those who paid $300 for the set-top device trusted in the Google gods to deliver something completely different, even though no one seemed to know exactly what that might be.

De Luca seemed to find no irony in trashing the product to his investors while blithely assuring them the company would continue selling the Revue, unsatisfactory though it is, until the shelves were bare.  

Customer loyalty only goes one way, apparently.

De Luca has been on a tear about Google TV for quite awhile.  In July, he complained that customers were returning the Revue box faster than stores could sell them but blamed the problem on Google, saying Google TV had "not yet fully delivered.”

No one seems to know quite what to expect in the next generation of TVs, including the companies planning to manufacture them. Google and Microsoft have already stumbled badly while Apple and Sony, among others, are preparing their inaugural offerings.

There's speculation that Apple TV will exemplify the Steve Jobs model of wrapping numerous functions, modalities and so forth into one elegant package, all operated with a single remote.   So far, there's no firm release date.

There's a lot of buzz about Google TV's second edition, due out later this month, but whatever the new features may be, one of the venture's original partn...

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Redbox Raising Prices; Blames Debit-Card Fees

Netflix took it on the chin when it tried to raise its subscription fees to cover the cost of streaming more recent movies.  Bank of America was villified when it imposed a $5 monthly charge on debit cards.

So what will happen now that Coinstar is raising the price of DVD rentals at its Redbox kiosks from $1 a day to $1.20 a day, effective on Halloween, Oct. 31?

Good question.  It's only 20 cents but somehow $1.20 sounds a lot higher than $1.  Even so, it doesn't seem likely that protesters will be picketing their local Redbox dispenser.

In its defense, Coinstar says it's the first time in eight years that Redbox has raised its daily DVD rental price.  Blu-ray discs and video games will stay at their current daily rental rates of $1.50 per day for Blu-ray and $2 a day for games.

And what's to blame for this price increase?  Well, it's certainly not streaming fees, since you have to lug the DVD home yourself and bring it back the next day.

Coinstar blames the price hike on higher debit card fees, among other things. 

But didn't Congress force banks to lower the transaction fees merchants pay on debit cards?

The answer, as is so often the case with anything involving Congress, is yes and no.

The card swipe fee "reform" pushed through Congress by Sen. Dick Durbin (D-Ill.) does indeed put a cap on the fees banks charge to process most debit card transactions.  But it substantially raises fees on small transactions -- and $1 is pretty small by any measure.  

Consumer sentiment

So how are consumers feeling about Redbox these days?  We analyzed about 350,000 consumer comments on Twitter, Facebook and other social media and found that, by and large, folks are feeling kind of grumpy.

Although Redbox business appears to be booming, the fact that folks pony up $1 doesn't necessarily mean they're happy.  Fully 24% are peeved that the big red box didn't have the movie they wanted.  Of course, this is what Netflix was trying to fix when it rejiggered its fees, only to be villified by its customers.

Another 16% don't like the movie they rented, which is hardly Redbox's fault. Interestingly, about 16% are peeved because they blame Redbox for killing off Blockbuster and other video stores.  

In terms of overall consumer sentiment, Redbox is about where it ws a year ago -- with a net positive sentiment of about 49%, not bad compared to Netflix, which was hovering around 25% positive last time we checked.  That's way down from its year-ago 60% positive rating.

Redbox enjoyed a brief spurt of positive sentiment in March, when it new suite of online and mobile tools that make it easier to find specific games and movies.  

Each fully-automated redbox kiosk holds 630 discs, representing up to 200 titles. Consumers simply use a touch screen to select their favorite movies, swipe a valid credit or debit card and go. To find the nearest redbox location, consumers can visit www.redbox.com or text 'redbox' to 50101 from a mobile phone, the company said back in February.

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Sentiment analysis powered by Netbase


Netflix took it on the chin when it tried to raise its subscription fees to cover the cost of streaming more recent movies.  Bank of America was villi...

Consumers Fried Over Fizzled TVs

Is the flat-screen TV a disposable product? More and more consumers have come to the conclusion that it is.

“I bought a plasma LG TV from Best Buy for $1300 in 2007,” John, from Sheffield Lake, Ohio, told ConsumerAffairs.com. “Also bought an extended service plan for four years at a cost of $250. Less than two years later, Best Buy replaced the TV after the picture tube went out. Said it was cheaper than fixing it. Imagine my surprise when the new TV would not turn on or show any signs of life today, nine months after the extended warranty ran out.

John said he complained to the manager at the Best Buy store and got an amazingly candid response.

“He explained that the TVs are made on a foreign assembly line and put together with cheap parts, so I should not expect longevity from my purchase,” John said.

Well, it's one thing to toss a $40 toaster oven after three years, but a $1,000 to $2,000 TV is a different story. Consumers just expect them to last a little longer than three years. After all, the old tube-type TVs could last decades.

One technician told us last month that flat screen TVs are “designed” to last forever but are not manufactured that way.  Dave Maltz, who owns Dave's TV Repair in Grants Pass, Ore., hears many of the same complaints and is very familiar with the problem.

For starters, Maltz, who has been repairing TV sets for 17 years, isn't a big fan of how most of these sets are designed.

“If you took apart one of these things, you would be amazed at how many components they're trying to compress into a six inch space,” he said.

And because they are so many, they are extremely small, making it hard – and expensive – to work on these sets. Maltz has produced a number of YouTube videos about repairing flat screen TVs, including the one below in which he conducted a poll on how long flat-screen TVs last. Six years was as long as anyone owned a trouble-free set.

Up in smoke 

Not only can flat-screen TVs burn through a lot of money, they can burn your house down.  Just this week, Sony recalled 1.6 million Bravia TVs because they're a fire hazard. Samsung TVs are also noted for their propensity to go up in smoke, as Sarah of Temple, Texas, told us earlier this year:

"I was watching on my Samsung DLP television and a large amount of foul smelling smoke came out of its back. This television is a fire hazard," she said.

Read more ...

  • What's Wrong With Flat-Screen TVs
  • Sony Recalls Fire-Prone Bravia TVs
  • Readers Review Home Electronics

How about you?  What's your experience been?  Speak up!

Is the flat screen TV a disposable product? More and more consumers have come to the conclusion that it is.“I bought a plasma LG TV from...

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What's On Your Mind? Hollywood Video, Anchor Hocking, Geico, Discount Tire

Shortly after Hollywood Video went out of business former customers began getting collection letters, claiming they still owed for late or unreturned DVDs or games. Because of a legal settlement, many of those letters should have stopped.

“I just received a collection letter today stating I owed over $150,” Kimberly, of Woonsocket, R.I., told ConsumerAffairs.com. “They gave me a list of video games, some of which I never even rented. I always returned my rentals paid my debt and rented a new game. I was never made aware of any charges lingering on my account. The store I rented from would not let me rent unless i had a zero balance, so I don't understand where these charges are coming from. Any advice would be great. Thank you!”

There are two issues here. One is whether the debt is real, and Kimberly insists it isn't. The second is what the collection has done to Kimberly's credit score. In May a number of states, including Rhode Island, reached a settlement with Hollywood Video's trustees concerning these collections attempts. The settlement addressed the fees and interest tacked onto the alleged debt, but not whether the debt was real or not. $150 sounds like a lot of money to just be late fees. Kimberly should contact Rhode Island Attorney General Peter Kilmartin's office. 

Birthday surprise

Tracey, of Wilson, N.C., said she baked a birthday cake for her six year-old when her Anchor Hocking baking pan exploded as soon as she removed it from the oven.

“Shards of glass went everywhere, ruining the cake, cupcakes that were on the counter, and causing a huge and dangerous mess in my sink and on my counters and floors,” Tracey said. “My poor dogs heard me scream and came running into the kitchen; I'm waiting to see if their feet bleed.”

Tracey said she won't use glass baking dishes any longer, using metal pans instead. Unless you own a glass baking dish 20 years old or older, that might be good advice.

Contact info

Some insurance companies are harder to deal with than others when you're involved in an accident. E.G., of Sacramento, Calif., reports a problem with Geico.

“Was hit by another car who has Geico,” E.G., told ConsumerAffairs.com. “I have been unable to contact them by phone. It seems like they have contracted with www.numsvc.com who wants to charge $6.99 just to get a phone number to be able to report a claim. After reading several of the comments about Geico it only makes sense that they are acting like one of the "offshore" insurance companies from the '80s & '90s, you know the ones that will take your money for 'insurance' but never be there when you need them.

It sounds like E.G. did a Google search for Geico and clicked on a sponsored link, not Geico's website. Happens all the time. Geico's general claims toll-free number is 1-800-861-8380.  Also, E.G. should report the accident to his own insurance company, which might pursue this on his behalf.

Upselling

Have you ever gone to a business to buy something specific and the sales person makes a strong pitch for you to purchase more than you intended. It's called “upselling,” and businesses use it to pump up their profits. Eloria, of Houston, Tex., says she ran into an extreme case of upselling at a local Discount Tire store.

“I took my car in for tire rotation, a package that came with my tire purchase,” Eloria said. “I Informed the attendant that I wanted back tires to front and vice verse. He insisted on making an 'appraisal,' then informed me the only way they could rotate would be if I purchase two new tires. I told him I was unable to do so at this time due to finances, to just rotate and I'll make new purchase next month. Told me he couldn't do it. I realize economic times are bad for all of us, but trying to 'make' me buy new tires based on false info is shameful.”

But it seems to be a widespread practice. Too many businesses these days believe the pathway to profitability is to keep squeezing the consumer just a little more.

Here is what's on consumer's minds today: Hollywood Video, Anchor Hocking, Geico, Discount Tire, Birthday surprise, Contact info and Upselling....

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What's On Your Mind? Sirius XM, Vizio, Whirlpool, Citibank

Some companies are organized into departments that aren't very well connected. As a result, one department often doesn't know what's happening in another. Michelle, of Oakdale, N.Y., is convinced Sirius XM is one such company.

“Since July 11, 2011 I have been trying to get Sirius XM Radio to credit my account, Michelle told ConsumerAffairs.com. “The company cashed my check on July 11 but never credited it to my account. I have been harassed by emails, phone calls and billing statements. Even my parents who do not have the same email or phone number have been getting emails and calls. I have tried to get Sirius to stop calling and emailing them but they do not. I have spoken to representatives and managers numerous times and never get a straight answer. I have even mailed them the information they requested as well as tried to fax the information but the fax number never works. I have tried to get a corporation number but Sirius tells me that there is no number. I have been told by several managers that they do not even have a phone number that they have to email their corporate office. When ask to speak to someone higher up they tell me that they are in a meeting. I have been dealing with this issue and just want it resolved. I am paying for a service and being harassed by Sirius that I have not paid.”

It does sound like Michelle needs to escalate. Sirius' media relations phone numbers are here . The corporate office in New York can be reached at (212) 391-0774. We're sure they would love to hear about Michelle's problem.  Or maybe not.

Getting results

Speaking of getting results, it takes persistence, intelligence and wit to get a big company to listen and give you what you deserve, and it can be done. We were frankly amazed by the review submitted this week by Alexis, of Tamarac, Fla., who reports being put through an excruciating ordeal by Vizio's customer service department when she sought to repair her TV that was still under warranty. Finally, after emailing the company's IT Director, CEO and head of public relations, Alexis said she got results.

“The next morning, I received a call from someone at Vizio who identified himself as Harley,” Alexis said. “It was not necessary to send more pictures, he told me, he would personally be overseeing the matter, he already was in the process of making arrangements for a TV repairman to come out to my home. He said that the process would take 7-10 days as they had to procure an expensive part. Why, I asked him, do you pre-suppose that a part would be needed or even which part? He answered, oh, we already know what the problem is, it's happened before.”

Alexis said she emailed the three Vizio executives to personally thank them for intervening on her behalf, and says she hopes her experience will benefit others. The takeaway lesson is to not allow yourself to be blocked out by customer service personnel but to go straight to the top.

Feeling wrung out

Andrea, of Malta, N.Y., is another unhappy owner of an expensive washing machine.

“I purchased a Whirlpool Cabrio in 2009,” Andrea told ConsumerAffairs.com. “It worked so-so over the years but recently stopped completing cycles, citing false load balance errors and leaving towels and sheets sopping wet a the end of a cycle. Three repair appointments later, and still no success. I am thoroughly disgusted that such an expensive machine only lasts four years. Based on the service tech's attitude toward the machine and other consumer comments, I'm guessing I will have to replace it.”

Andrea says she spent $250 in repair costs but she might try another repair person before giving up on her expensive washer. A second opinion never hurts.

Holding on to her money

Getting a refund from a big company these days is like getting blood from a turnip. They just don't want to write a check. Jacqueline, of San Antonio, Tex., says she overpaid her Citibank card account by $600.

“When I closed the account, I made sure that I double checked all the numbers for the last 12 months,” Jacqueline said. “Unfortunately for me I had overpaid this account and now I cannot get them to answer me on my request for a refund. I have sent two letters and am now sending a third letter after several months.”

If Jacqueline has a statement showing the credit, or other documentation that shows Citibank owes her money they have thus far failed to repay, she should sue them in small claims court in San Antonio. The company will quickly refund her $600 rather than send a lawyer to Texas, only to lose anyway.

Here is what's on consumer's minds today: Sirius XM, Vizio, Whirlpool, Citibank, Getting results, Feeling wrung out and Holding on to her money....

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Who Liked the 9/11 Ads? You Did

The airwaves were full of 9/11 tribute ads over the weekends, and critics were quick to label them mawkish, exploitative, crassly commercial and syrupy, just to name a few.

But guess what?  Somebody liked them.  Lots of somebodies, in fact.

A survey by Ace Metrix, which measures ad effectiveness, finds that the ads were very well received by the consumers they were aimed at.

"American consumers, by and large, rated the ads very favorably," the company said after polling 500 adults.

Anheuser-Busch's Clydesdale tribute spot for Budweiser, beat out the others in the genre, with State Farm's "Thanks" ad second, and a series of Chevy ads that aired during Discovery Channel's "Rising: Rebuilding Ground Zero" coming in third.

Ace Metrix found it significant that the tribue ads did better than the usual product ads in terms of effectiveness.  The Bud spot -- admittedly a thing of beauty -- scored a 655 on the Ace Metrix effectiveness scale of 0 to 950, Advertising Age reported, far ahead of the average beed-ad score of 478.

A ConsumerAffairs.com analysis of about 280,000 consumer comments on Facebook, Twitter and other social media and blogs supported Ace Metrix's findings, showing a clear upswing in positive comments in recent days.

Nearly 3,000 consumers posted comments our computerized sentiment analysis classified as positive about Bud so far this month, compared with about 1,700 one year ago.  

Among the most frequently used words and phrases used to describe Budweiser were: "Budweiser commercial," "advert," "horse" and "best commercial."  

Based on 1,700 high-precision sound bites

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Sentiment analysis powered by NetBase

The airwaves were full of 9/11 tribute ads over the weekends, and critics were quick to label them mawkish, exploitative, crass commercialism and syrupy, j...

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What's OnYour Mind? Dish Network, Netflix, AOL, Readers Digest

Almost all subscription services that involve hardware have a one or two year minimum service requirement, or they impose an early termination fee. Most consumers try to avoid these at all costs.

“I called Dish Network July 28th 2011 about canceling service in the near future,” Shawn, of Hillsborough, N.C., told ConsumerAffairs.com. “I was informed that I was not bound to any contract at the time of the call.”

That's just what he wanted to hear. So after making arrangements, Shawn said he called on August 2nd to cancel the service.

“I was informed that there will be a fee for canceling service, even after being with the company for 2 1/2 years,” Shawn said.

Shawn doesn't understand how a week ago he had no contract but now he does. He spoke to two different customer service reps and obviously one is mistaken.

If Shawn hasn't made any changes to his plan in the last two years, he can probably cancel without paying the fee, but he will have to talk to at least one more customer service rep, and maybe a supervisor or two.

Timing is everything

If you got mad at Netflix for raising prices and want to cancel, keep in mind that the service bills in advance.

“When Netflix announced their 60 percent price increase to begin the fall of 2011, I immediately cancelled my service,” Laura, of Kalamazoo, Mich. “This happened to be one day after my account was charged for the coming month. I cancelled through their website and never saw any notice that there would be no refund for unused service, which they claim when I called today was printed on the cancellation screen. Every other company that I have ever done business with, automatically calculates and issues a refund for any unused portion of service that was paid in advance. Three weeks went by and I didn't see a credit posted to my debit card account, so I called their customer service number to inquire on the refund. This is when the extremely rude service rep told me that cancellations made online will not receive a refund; that customers must call to cancel in order to receive a refund.”

Getting money back from companies these days always seems to be a struggle. If you are going to cancel, it may be best to do it at the end of your billing cycle.

Parting is such sweet sorrow

AOL is a legend when it comes to difficulty in separating yourself from their services. Harry, of Savannah, Ga., is finding it difficult to establish a cut off date.

“I cancelled my service with AOL on May 4, 2011,” Harry told ConsumerAffairs.com. “They have continued to bill me every month $25.90 on my visa card. My last payment was suppose to be for April because the next billing cycle had not gone through for May. When I called them June 22, 2011 they said I had to pay one more month because that it was I owed them (some bogus back pay). They have taken $25.90 out of my credit card every month and every month I pay off my crdit card so there was no back charges they had not been paid.”

Harry isn't alone. Others have continued to have the same difficulty, but there are ways to effectively terminate the service, outlined here.

Tricky marketing?

Magazine marketers have a large bag of tricks to persuade you to subscribe. The first challenge is to get you to open the envelop containing the sales pitch. Robert, of East Brunswick, N.J., doesn't care for the way Readers Digest goes about it.

“Today I received a form to subscribe,” he said. “My problem is the envelope in which it came. A normal white envelope with a bright orange box with black letters saying "ACCOUNT NOTICE". I think that a person seeing this would obviously open it quickly, thinking they had a problem. What really annoys me is that, in my case, my neighbor was taking in my mail for a few days while I was away. This highlighted box certainly can draw attention and, unless you open the envelope and see that it's only an invitation to subscribe, there could be a negative connotation.”

Robert wants to know why these kinds of tactics are used. The simple answer is, it's harder and harder to sell magazines these days. Robert shouldn't worry too much. Most people, probably including his neighbor, recognize these kinds of envelopes for what they really are.

Here is what's on consumer's minds today: Dish Network, Netflix, AOL, Readers Digest, Timing is everything, Parting is such sweet sorrow and Tricky marketi...

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What's On Your Mind? Comcast, Staples, T-Mobile, DeVry

Mistakes happen. How you handle them makes a difference. Or at least, it should. Lawrence, of Raleigh, N.C., feels ill-treated by Comcast. When he moved from Maryland, he mistakenly packed one of his Comcast cable set-top boxes. The box was going to be in storage for six months.

“We explained the situation to the Comcast rep who told us that we had 60 days to return it or we would be billed $50.00,” Lawrence told ConsumerAffairs.com. “We asked the rep whether we should pay right then or wait for the bill and she said Comcast would send a bill.”

Lawrence received a bill dated June 7 with a due date of June 28. He says he received and paid the bill on June 13. On June 29, he said he received a letter from a collection agency dated June 23. Keep in mind the bill wasn't due until June 28.

“After explaining about the collection letter, the manager said to my wife that Comcast 'sends the bill to the customer and notifies the collection agency the same day,'" Lawrence said. “This constitutes consumer credit fraud by falsely claiming non-payment on a bill the consumer has not even received yet.”

It's hard to imagine that this is anything other than a mistake that no one wants to take responsibility for. If Lawrence can't get someone at Comcast to rescind the collection order, he'll have to contact each of the three credit agencies and initiate disputes on the charge.

Not so rewarding

When you check out at some chain stores the clerk might ask if you want to enroll in the store's rewards program. There may be no harm in doing so, but Teresa, of South Hadley, Mass., said she didn't find the Staples Rewards program all that rewarding.

I was persuaded to believe that returning ink cartridges and buying ink cartridges at the Staples store would make me a better consumer, and save money on my next ink purchase,” Teresa said. “However, the time constraint and product constraints which Staples places on the coupon completely nullifies the 'reward.'”

Teresa said she paid what she considers a high price for the original purchased ink cartridges and went out of her way to return ink cartridges there and make other purchase there.

“I do not have any tangible 'reward' or discount or savings on future ink cartridge purchases, contrary to the Staples Reward promise,” she said. At the end of June, Staples emailed a $4 coupon on an ink product that I do not use. Back in April, I bought a product based on belief that I would regain part of the price, eventually. I anticipated saving money on my next purchase. During the time that I waited for the receipt of the coupon, I did not look for or research other prices of similar products. Therefore I have become not only poorer, but less informed.”

Keep in mind, rewards programs are designed for the store's benefit, not yours. They might save you money on things you need, but then again they might not.

More than a simple mistake?

Richard, of Fairhope, Alaska, wants to know if any other consumers have experienced the problem he describes with T-Mobile's automated bill payment.

“When paying online via a checking account the routing number was incorrect and missing a leading zero,” Richard told ConsumerAffairs.com. “I have always paid this way manually every month because I do not do automated payment anywhere. The transaction failed cause i noticed a week later that my checking account had not been debited so I contacted T-Mobile and paid with a credit card. I am pretty confident that I did not make an error. Now they are charging me a $20 transaction failure fee.”

If others have experience this, let us know. Meanwhile, if your bank has free bill pay, that might be a better way to pay bills than each individual company's automated site.

Expensive degree

For-profit colleges have come under intense scrutiny lately for their placement of students in expensive loan program. Melquiades, of Long Beach, Calif., wonders why her classes at DeVry Long Beach are so expensive. She transferred in with a number of existing credit hours, but ended up racking up $85,000 in school loans. And what did her expensive education get her?

“I majored in Network Communication Management,” she said. “The job lead offered me in April was the McDonald's hiring frenzy which my career adviser urged me to attend.”

Here is what's on consumer's minds today: Comcast, Staples, T-Mobile, DeVry, Not so rewarding, Expensive degree and More than a simple mistake?...

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Coming Soon: TV You Can Smell

Forget 3-D TV. If you really want to impress your friends, hold out for Smell TV, which could be coming soon to living rooms as set designers continue to press the envelope of sensory stimulation.

Researchers at the University of California, San Diego, conducted in collaboration with Samsung Advanced Institute of Technology (SAIT) in Korea, have published a paper they say demonstrates that it is possible to generate odor, at will, in a compact device small enough to fit on the back of your TV with potentially thousands of odors.

The objective would be to match smells with images on the screen, to give the viewer a more complete sensory experience.

“For example, if people are eating pizza, the viewer smells pizza coming from a TV or cell phone,” said Sungho Jin, professor in the departments of Mechanical and Aerospace Engineering and NanoEngineering at the UC San Diego Jacobs School of Engineering. “And if a beautiful lady walks by, they smell perfume. Instantaneously generated fragrances or odors would match the scene shown on a TV or cell phone, and that’s the idea.”

Wake up and smell the coffee

Advertisers could also jump of the bandwagon as well. Think about a commercial for coffee, with an actor inhaling the aroma of a freshly brewed cup. At the same instant, the viewer would also get a whiff of coffee smell.

Whether advertisers – or even viewers – would respond favorably to Smell TV is the subject for another study. Jin and his team say they've only shown that it is technically feasible. The scent comes from an aqueous solution such as ammonia, which forms an odorous gas when heated through a thin metal wire by an electrical current. The solution is kept in a compartment made of non-toxic, non-flammable silicone elastomer. As the heat and odor pressure build, a tiny compressed hole in the elastomer is opened, releasing the odor.

“It is quite doable,” said Jin.

Next steps

Next steps in the research would include developing a prototype and demonstrating that it is reliable enough to release odors on cue and scalable to the size needed for consumer electronics like TVs and cell phones. And there are a few other considerations.

For example, perfume companies could let you sample new scents through TV, but your TV’s odor-generating device would have to carry that particular perfume meaning the device probably needs to be upgradable like software for your home computer. And TV producers will probably want scents that are tailored to match the personalities of their characters.

“That’s a logistics problem,” said Jin. “But in specific applications one can always think of a way.”

Researchers says they have proven it is possible to coordinate smells with TV programs...

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Fixing A Big Company's Mistake Is Rarely Simple

Forgive Tammy, of Barre, Vermont, if she feels a bit like Don Quixote, but tilting at windmills is nothing compared to trying to straighten out a mistake in a major corporation's customer service department.

Her saga began on March 31, when her mother stopped by her home and asked if she could use her daughter's credit card to order service from DIREC TV.

“She does not have a credit card and one is required in order to set up an account,” Tammy told ConsumerAffairs.com. “We called their number and carefully explained, at least three times, that the phone number we were calling from was not my mother's. We gave them her number several times.

After a lengthy conversation, Tammy said the order was placed. The installation cost of $21.15 was charged to her VISA card on that date, and was subsequently paid.

Signs of trouble

The first sign that this relatively simple transaction had gone horribly wrong was when Tammy got a call two days before the scheduled install, verifying that the equipment was being installed at her home.

“I explained, again, that they were calling the wrong number,” Tammy said. “The staff person assured me she would take care of that. One day before the scheduled visit, DIREC TV called me again to verify the site. Again, I gave them my mother's number.”

But it still wasn't straightened out, Tammy says. On the day of the installation, she says the dish installation person called her to make sure someone was home for the install. Once again, she says she explained the whole thing again and gave him her mother's number.

“Two hours later, the driver called me again to say he was running late,” Tammy said. “By that time I had given up any hope that they could get the correct phone number on their records so I just said OK and called my mother to make sure she was home.”

Somehow, the equipment was installed at the correct location and Tammy breathed a sign of relief. But her ordeal was just beginning.

Mystery charge

“On May 28th, I opened my Visa bill to make the payment,” Tammy said. “On it is an April 11, 2011 charge from DIREC TV in the amount of $862.66!”

Tammy said she called the DIREC TV customer service line and went through the lengthy process of getting a live person on the line, only to be told that there was no record of the charges anywhere. She said she was told to complete the dispute form that was emailed to her and fax it back to the fax number provided. She said she do so within the hour.

“According to the instructions and to the lady I was speaking with, they needed to get back to me within 10 business days, which put the date at June 10, Tammy said. I called on June 9 in hopes that perhaps it had been taken care of, but it had not.”

Once again, Tammy said she had to go through the lengthy process of getting a live person on the line. Even after that, there was more confusion.

“The system obviously doesn't recognize my mother's phone number, and would only repeat my number as being the one that they 'see I am calling from.' When I finally got a live person, she had no idea what I was talking about and I had to explain it all again.”

Tammy said she called again the following day and had to explain everything one more time.

We'll get back to you

“I was told that it is a matter for the Financial Department and that they would return my call on that day,” Tammy said. “I asked if there was a job number, or anything, that I could refer to in case I didn't hear from them and had to call back. She said there was not. Needless to say, they never called.”

On June 11, Tammy said she tried again, calling the DIREC TV number listed for her area. The recording said they were closed on weekends. She called another toll-free number and told the automated system she was calling about “billing questions.”

“There was a lot of squealing on the line, then another recording that said 'We're sorry, your call was unable to be completed. Please hang up and dial the toll free number again.' I did call again and got the same results,” Tammy said.

She called back and this time, said she pushed the button for “new service.” Almost instantly, she was connected with a customer service rep.

“I explained most of it again before she agreed me that it was a matter for the billing department and that she would transfer me,” Tammy said. “After a while, the recording came back on and I was right back to the same beginning menu.”

Nothing we can do

After spending most of her Saturday morning making calls, navigating the phone tree and sitting on hold, Tammy said she was finally able to speak with a supervisor. After explaining her situation again, no doubt memorized by now, the supervisor told her what everyone else had told her.

There was no charge on her account, because she didn't have an account. There was also no charge on her mother's account. As for resolving the $862.66 charge on Tammy's credit card, she said the supervisor saw no way for his company to rectify it.

“He suggested that I simply go through my financial institution, 'which is the way they prefer it,'” Tammy said.

So Tammy's only recourse is to dispute the erroneous charge with her credit card company, letting them charge back the amount to DIREC TV. That may, in fact, resolve the issue, but won't compensate her for the hours she spent, away from her small business, dealing with the matter.

“I am quite angry at how absolutely impossible it seems to solve what I consider a simple matter,” Tammy said.

Why are large companies seemingly incapable of resolving mistakes? Maybe it's an over reliance on automated systems or too few people in positions of accountability. Whatever the reason, it is changing the way many consumers view the companies they do business with – or in Tammy's case, don't do business with.

And it all began when she did a favor for her mother. These days, it seems, no good deed goes unpunished.

When a big company makes a mistakes, it can be nearly impossible to find someone who can resolve it....

Frozen Pizzas Fare Well In Taste Tests

It's hard to beat the combination of pizza and football, particularly with the college bowls cranking up and the NFL playoffs just weeks away.

Now, you can order out -- often for a premium price -- or you can hit the supermarket and pick up a frozen pie. But, can frozen pizza truly satisfy?

Frozen versus pizzeria

After buying and baking more than 100 cheese pies, Consumer Reports found that, yes -- frozen pizza can satisfy. Amy's Cornmeal Crust 3 Cheese, Home Run Inn Classic and DiGiorno Rising Crust Four Cheese all garnered a CR Best Buy -- leading the ratings.

The best frozen pizzas, a trio of very different but very good pies, included the artisanal Amy's Cornmeal Crust 3 Cheese, the priciest pie tested at $7.99. Amy's won points for its combination of fresh-tasting vegetables, herbs, and dollops of goat cheese over a flavorful cornmeal crust.

The Chicago-style Home Run Inn Classic Cheese, $7.42, features a generous blanket of tasty cheese and abundant sauce over a pastry-style crust. The Italian-style DiGiorno Rising Crust Four Cheese, $6.47, has lots of cheese and sauce over a thick, chewy crust.

Could be better

But Consumer Reports found room for improvement, since no pies were excellent. Shoppers shouldn't buy by brand, CR says, noting that its Best Buy DiGiorno pie scored higher than the other DiGiorno pies tested. The same was true of the Red Baron pizzas tested.

"Frozen pizzas are convenient and more cost effective than a pizzeria and according to our tests, they can also offer quality," said a Consumer Reports expert."Shoppers should take into account more than just price when purchasing, ingredients and nutritional components factor into the overall experience."

Testing the pies

In Consumer Reports' frozen pizza taste test, cheese pies were the focus.They are one of the most popular types, according to the National Frozen Pizza Institute, a trade organization. Seven trained CR sensory panelists tasted each brand three times in an order designed to eliminate bias. They didn't know which pizza they tasted and all samples were coded with three-digit numbers. Testers graded crust, cheese, and sauce separately then also gave an overall impression of each pie.

The frozen pizzas were also rated based on nutrition. All brands scored adequately, but Consumer Reports discovered quite a range in calories (260 to 380), fat (9 to 18 grams), saturated fat (3.5 to 9 grams), and sodium (570 to 870 milligrams) per serving.

Top-rated Amy's stood out as the lowest in saturated fat and among the lowest in sodium, while Red Baron Fire Baked scored Fair because it was among the highest in calories, total fat, and saturated fat. Consumer Reports ratings are based on manufacturer's suggested serving size.

Frozen Pizzas Fare Well In Taste TestsDiGiorno, Amy’s and Home Run Inn win Consumer Reports recommendations...

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Senate Bill Targets Free Movie, Music Download Sites

We've had the War on Terror and the War on Drugs and now, if a group of influential senators have their way, we'll soon have the War on Free Movies and Music.

At least it goes to show that in Washington, where the politicians like to stage mock battles to show the folks back home how serious they are about waging war on the other party, there's still room for compromise: a "bipartisan" group of senators led by Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and senior Republican member Orrin Hatch (R-Utah) have introduced legislation that they say will "address the growing problem of online piracy and counterfeiting."

You didn't know this was a growing problem? Oh well, you must not be a record company or movie producer. You probably haven't had a chance to tell your senators what your growing problems are but ... well, you know, maybe someday.

Anyway, Leahy & Co. have introduced the Combating Online Infringement and Counterfeits Act which they say would "give the Department of Justice tools to track and shut down websites devoted to providing access to unauthorized downloads, streaming or sale of copyrighted content and counterfeit goods," according to Sen. Leahy's office, which noted darkly that such "illegal products" are offered through websites that are "often foreign-owned and operated."

Leahy's press release said intellectual property theft costs the U.S. economy more than $100 billion every year, according to estimates that weren't further identified. Many of these thefts amount to someone listening to a song or watching some or all of a movie online. Always unanswered is whether these entertainment-crazed pirates, their lusts unsated, later buy a CD, attend a concert or go to a movie so they can see or hear more of the "stolen" intellectual property.

Each year, online piracy and the sale of counterfeit goods cost American businesses billions of dollars, and result in hundreds of thousands of lost jobs, said Leahy. The Combating Online Infringement and Counterfeits Act will protect the investment American companies make in developing brands and creating content and will protect the jobs associated with those investments. Protecting intellectual property is not uniquely a Democratic or Republican priority it is a bipartisan priority.

'Jack-Booted Thugs'

But hold on there, pardner. Not everyone is saddling up for this posse. The Electronic Frontier Foundation (EFF) warns that caution should be the order of the day when it comes to shutting down Web sites and prosecuting alleged content thieves.

"Giving government agents a reason to censor, search, seize, and indict must be taken very seriously. Without safeguards and a thorough accounting of the consequences, laws and policies targeting so-called 'pirates' can be used to pry away human rights and undermine fundamental elements of democracy and freedom," said EFF's Richard Esguerra in a recent blog entitled Jack-Booted Thugs and Copyright Enforcement.

Esguerra noted that it was only last week that The New York Times broke the news that Russian authorities raided an environmental group's office and confiscated their computers, using as their excuse the allegation that the organization was using unauthorized copies of Microsoft software.

To its credit, Microsoft manned up and swiftly proclaimed that any software used by the group and its allies was licensed.

Esquerra notes that, shocking though the Russian incident was, the issue isn't limited to software. With perhaps Leahy & Co. in mind, he said that a "sprawling, powerful group-of-groups in the content industry, including movie and music industry lobbyists, software companies, and others, is constantly demanding that governments worldwide be given new powers to search for and seize allegedly pirated materials, and that those governments should act on those powers forcefully."

"In the name of copyright enforcement, the lobby shortsightedly demands provisions that put human rights at risk throughout the world: the power for governments to censor parts of the Internet with so-called copyright filtering, power for governments' border agents to search travelers' goods for "infringing" items, power for governments to detain alleged infringers pre-trial," Esquerra warned.

Other collaborators

The legislation is cosponsored by Committee members Herb Kohl (D-Wis.), Arlen Specter (D-Pa.), Chuck Schumer (D-N.Y.), Dick Durbin (D-Ill.), Sheldon Whitehouse (D-R.I.), and Amy Klobuchar (D-Minn.). Senators Evan Bayh (D-Ind.) and George Voinovich (R-Ohio) are also cosponsors.

The senators said the measure would:

• Give the Department of Justice an expedited process for cracking down on websites that are dedicated to making infringing goods and services available;

• Authorize the Department of Justice to file an in rem civil action against a domain name, and seek a preliminary order from the court that the domain name is being used to traffic infringing material. The Department must publish notice of the action promptly after filing, and it would have to meet clear criteria that focus on the sites substantial and repeated role in online piracy or counterfeiting;

• Provide safeguards allowing the domain name owner or site operator to petition the court to lift the order;

• Provide safeguards against abuse by allowing only the Justice Department to initiate an action, and by giving a federal court the final say about whether a particular site would be cut off from supportive services.

Senate Bill Targets Free Movie, Music Download Sites...

Blockbuster's New Late Fees Make Encore

At the beginning of this month, Blockbuster Video quietly reinstated late fees, with a whole lot less fanfare than when they did away with them five years ago. As a result, several consumers report being taken by surprise.

"Nobody in Blockbuster told me or my fiance of any new policy," Kelli, of Union City, Calif., told ConsumerAffairs.com. "It wasn't posted anywhere in the store prior to the policy change and we didn't receive any sort of notice by mail, email, or recorded message. Nothing at all."

Kelli is upset because the late fee on videos she returned was charged to her debit card, which the company had on file. The charge, she said, put her in an overdraft position, costing an additional $35 from her bank.

When they complain, consumers say they are told by Blockbuster that they should have received a letter explaining the change, and that a notice is printed on the receipt.

For its part, Blockbuster said it is simply changing its policy to align it with its competitors. Since March 1, the company has begun adding a $1 a day late fee on videos and games up to 10 days.

It's yours

If the customer still hasn't returned the item after 15 days, they're charged for the purchase of it, which can be as little as $4.99 or as much as $29.99. If the consumer returns the DVD within the next 30 days, they get a store credit for the purchase, minus $10 in late fees.

"We think this is very forgiving. You have 45 days to bring it back. It's similar to what Redbox does," Michelle Metzger, Blockbuster spokeswoman, told the Dallas Morning News.

Blockbuster competitor Redbox charges customers $1 a day. If the customer hasn't returned it in 25 days, they're charged a maximum of $25 and given ownership of the DVD.

Netflix doesn't charge a late fee, per se, but customers who don't return a video are assessed an $8.99 monthly fee until the DVD is returned. If the consumer reports the video as lost, they are charged a $14 fee.

Blockbuster, which has struggled financially in recent years, views the move as way to promote stability.

Blockbuster Video quietly reinstated late fees, with a whole lot less fanfare than when they did away with them 5 years ago. As a result, several consumers...

Washington Sues DIRECTV For 'Unconscionable' Sales Practices

According to Washington's Attorney General Rob McKenna, DIRECTV has generated more complaints from consumers than any other business this year -- 375 in 2009, and over 700 in the last three years. He claims it's time to do something about it. Accordingly, his office is suing the California-based satellite TV company for deceptive and unfair sales practices.

McKenna claims that DIRECTV has been luring new customers with ads for low-priced service, while burying multiple hidden fees and "gotchas" in the fine print of its contracts. Following a year-long investigation, the Attorney General's office filed suit for what McKenna claims are violations of the state's Consumer Protection Act.

"The miniscule 5.5 point fine print at the bottom of a DIRECTV advertisement is enough to give someone a migraine," McKenna said. "Even if consumers used a magnifying glass, they still wouldn't discover that the 'good deal' they were promised came with potential expensive pitfalls."

Assistant attorney general Paula Selis said one key issue was the company's requirement that new customers commit to a two-year equipment lease and programming agreement.

"Consumers aren't aware of the two-year contact until after they've signed up for service," Selis said. "They don't know that the monthly service charge will increase significantly after a year. They don't know that DIRECTV will charge them up to a $480 penalty if they cancel before the first two years. Customers who weren't able to use the service because of reception problems or faulty equipment were also charged penalties in some cases."

The Attorney General's office published a host of practices that they say are unfair to customers, including:

• Rebate terms: In order to obtain a promotional rate, customers sometimes have to submit a rebate. Customers who submit the rebate form after installation may be charged full price for their service for up to two months. Those who fail to return the rebate within 60 days of an order are charged the full price indefinitely -- even if DIRECTV failed to adequately inform them of the need to mail the form.

• Use of the term "free:" The company advertises "free" installation and upgrades such as an HD receiver, DVR receiver or premium channels such as HBO and Starz. In fact, customers may be required to pay monthly fees for the equipment. The premium channels are offered as a free trial that automatically converts into a paid subscription.

• Contract extensions: DIRECTV not only requires customers to agree to an extended contract at the beginning of service, but attempts to extend those terms even further. The company extends the length of contracts when customers require equipment repairs, upgrade equipment or move.

• Financing: DIRECTV fails to disclose that the company's least expensive package of $29.99 per month is only available to customers who meet certain financing conditions and agree to have the costs automatically charged or debited.

• Cancellation fees: DIRECTV offers customers a $5.99 monthly "Protection Plan" to cover equipment repairs. Customers who weren't even aware they are paying for the plan have been unfairly charged a $10 fee to cancel their enrollment.

• Retention of funds: Prior to selling programming, DIRECTV asks for a customer's Social Security number in order to perform a credit check. Customers who refuse to provide the number or whose credit is deemed insufficient are required to pay a $200-$300 deposit to obtain service. Those who cancel service prior to the end of their contract lose part of the deposit and may also be charged cancellation fees.

The Attorney General's Office is asking the court to compel DIRECTV to change its business practices, impose civil penalties and provide restitution for consumers.

Washington isn't the only state to sue DIRECTV for what it claims are bad business practices. California DIRECTV customers filed a class action lawsuit against the company over its practice of automatically debiting contract cancellation fees from their account, often without their knowledge or permission.

Washington Sues DIRECTV For 'Unconscionable' Sales Practices...

Consumer Groups Oppose Comcast-NBC Merger

The next big mega-merger between media companies seems poised to go forward, with Comcast officially taking a 51 percent stake in NBC-Universal from its longtime corporate parent General Electric, creating an entertainment giant with an estimated value of nearly $44 billion, control of nearly 82 percent of the American cable landscape, and a dizzying array of TV options, including a majority stake in popular online TV portal Hulu.

"Combining the assets of NBCU, ranging from our suite of cable properties and two broadcast networks to a legendary film studio and global theme park business, with the content assets and resources of Comcast, will enable us to continue to thrive in an ever-changing media landscape," said NBC-Universal president and CEO Jeff Zucker.

Comcast CEO Brian Roberts said that "Todays announced transaction will increase our capabilities in content and cable networks. At the same time, it will enhance consumer choice and accelerate the development of new digital products and services."

But several consumer groups are voicing their opposition to the merger, claiming it may violate antitrust laws and deprive consumers of competition for their entertainment dollar.

Free Press and the Consumer Federation of America (CFA) jointly released a report today claiming that the Comcast-NBC merger posed a "major threat to video competition that antitrust authorities cannot ignore."

According to CFA's Mark Cooper, "This mergers potential to foreclose competition and stifle innovation is significant and real."

"Just say no"

According to the groups' analysis:

• A merged Comcast-NBC would be able to sidestep negotiating costs of purchasing shows from content providers to broadcast on networks, since it would have control of dozens of cable and broadcast networks, ranging from the SyFy channel and USA Networks to G4, CNBC, MSNBC, and Telemundo. It would simply "pay itself" to broadcast content from networks it owns, while charging competitors such as DirecTV and Verizon FIOS exorbitant rates to share the same content.

• Comcast, already the nation's leading broadband Internet service provider, might accelerate NBC's stated desire to move more online TV content behind "paywalls," where users would have to pay monthly subscription fees to access the content. Hulu, currently free in the United States, has been rumored to be placed behind a paywall sometime in 2010, and Comcast has already experimented with tying paid cable subscriptions to online content hidden behind paywalls via its "TV Everywhere" online portal.

• A merged Comcast-NBC would not only be the dominant cable and broadcast player in multiple regions across the country, but could trigger a wave of more mergers as competitors struggle to gather assets in order to stay in the game. The result, the groups say, could lead to more media consolidation and less competition and choice for consumers.

"[The Obama administration] can't ignore the severe threat this merger poses and must take the necessary measures to prevent harm to competition and consumers," said Free Press' policy counsel Corie Wright. "The correct response to this merger is to just say no."

Done deal?

Wall Street was pleased with the formal acquisition of NBC, giving Comcast shares a substantial boost after the merger was announced. Comcast, for its part, promised the merged entity would do nothing to violate antitrust laws or reduce competition, and would engage in voluntary initiatives to ease the concerns of federal regulators.

The Federal Communications Commission (FCC), one of the many federal agencies that has oversight of the merger, released a terse statement today, where it promised to "carefully examine the proposed merger and will be thorough, fair, and fact-based in its review."

The FCC and Comcast are currently engaged over the cable giant's blocking of content via "throttling" users' usage of the popular BitTorrent file-sharing engine. The FCC had ruled that it had jurisidiction over Comcast's actions and that it should be penalized for blocking users' Internet access. Comcast is currently appealing the ruling.

Some members of Congress aren't waiting for the FCC or other agencies to issue rulings on the merger. Senator Herb Kohl (D-WI), chairman of the Judiciary Committee's subcommittee on antitrust issues, wasted no time calling for a full hearing on the potential effects of the merger.

""This acquisition will create waves throughout the media and entertainment marketplace and we don't know where the ripples will end," Kohl said. "Antitrust regulators must ensure that all content providers are treated fairly on the Comcast platform, and that Comcast does not get undue advantages in gaining access to programming."

Kohl's counterpart in the House, Judiciary Committee chairman John Conyers (D-MI), stated that his committee would hold hearings on the prospective antitrust issues surrounding the Comcast-NBC-Universal combination. House Energy & Commerce Committee chairman Henry Waxman (D-CA) also promised vigorous investigation of whether or not the deal could restrict video content distribution across multiple platforms.

Between the many agencies jockeying for jurisdiction on the issue, the complex issues of distribution and programming at stake, and the promise of numerous hearings, the completion of the merger is expected to take up to a year or more.

The next big mega-merger between media companies seems poised to go forward, with Comcast officially taking a 51 percent stake in NBC-Universal from its lo...

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Barnes & Noble Enters E-Book Wars

What do the killer whale, koala bear and bookstores all have in common? They all appear to be on the verge of extinction.

Book sales have been on the decline and while Harry Potter and Sarah Palin have brought sales up, there just arent enough giant releases to captivate audiences into spending $25 or more on a new book. The industry's answer seems to be moving with the times and pushing the printed word into the digital world.

Bookeen released the Cybook Opus and Sony has the Reader, but the most well-known has been Amazon's Kindle, at least until now. Barnes & Noble, the biggest bricks-and-mortar book retailer, is hypeing the launch of its e-reader, the Nook, setting up a head-to-head battle with the Kindle.

But whether Nook slugs it out with the Kindle for the hearts of holiday shoppers is questionable. The company has now delayed shipment of the device into January 2010 for any orders received after Nov. 20, blaming high demand.

Hoping to salvage some holiday sales, Barnes & Noble is offering a "Nook holiday certificate" that tells the recipient the e-reader will arrive "early in 2010."

At first glance Nook is a flashy hand-held one would expect to feature an Apple logo. It runs on the Android platform originally developed by Google and the company says third-party apps could make an appearance in the future.

E-books will be displayed on Nook's six-inch E Ink screen, which features a touchscreen on the bottom to allow easy access to your Nook library. Nook sports a 2-gig hard drive that Barnes & Noble says will hold close to 1,500 e-books, all of which can be downloaded online using a built-in Wi-Fi supported by AT&Ts 3G Network.

Enter the Nook

Perhaps Nook's most distinguishing feature is LendMe, which gives users the ability to share an e-book for up two weeks with someone else. E-books can be sent to another Nook or to an iPhone, iPod touch or any home computer with the Barnes & Noble e-reader software.

The lending feature can only be used once per book and won't be available on all titles.

Nook users will also have the ability to enter any Barnes & Noble retail store and view a huge selection of e-books for up to one hour. This try before you buy model could be Nook's biggest selling point to consumers. The company likes it because it requires users to actually be in the store, increasing the chances theyll buy something.

The Kindle also lets users preview books but in most cases limits the sample to a single chapter.

Both the Nook and Kindle retail for $259 and the average e-book will run around $9.99. Unfortunately though, Barnes & Noble members won't get their usual 10 percent discount on e-books or Nook itself. The company said the unit is already priced as low as production costs will allow.

Besides books, Nook features an mp3 player and The Daily, a feature on Nook's touchscreen that gives users instant access to a variety of online content like articles and news updates.

Like the Kindle, Nook allows readers to view newspaper and magazine articles, though with only limited illustrations and lacking most of the design elements that make print versions more aesthetically appealing.

Both utilize the 3 Ink screen display which supposedly eliminates glare and makes reading possible in any situation. However, my colleague Truman Lewis has been testing a Kindle 2 since last March and disputes this claim.

"The 3 Ink screen may reduce glare but it is not glare-free," Lewis said. "In fact, the relatively low contrast makes the screen quite hard to read under some circumstances."

Not too hot

Even worse, said Lewis, is that the screen seems sensitive to heat.

"When the ambient temperature is high -- say, at the beach or in your backyard on a hot summer day -- the letters tend to fade into obscurity, achieving a genuine tabula rasa effect that may not be what most readers were anticipating," he said. Lewis said he plans a follow-up review shortly.

One thing Nook lacks is the Kindle's somewhat controversial text-to-speech function, which allows users to have selected texts read aloud by a computerized voice.

However, the Authors Guild -- already locked in seemingly mortal combat with Google -- is considering legal action against Amazon, claiming the text-to-speech feature violates the law. Audio book publishers are also disgruntled, saying the feature runs the risk of hurting their business. That argument is likely to be settled in court.

Nook niggles

Nook downsides -- other than availability -- are few but apparent. Its claimed battery life is slightly shorter than the Kindles, 10 days to around 14 for the Kindle. Nook is also a little bulkier than the Kindle, even with its touchscreen keyboard.

While Nook and Kindle are obviously similar in many ways, Barnes & Noble hopes to position its product as the iPod of e-readers. In a holiday season when consumers may be tightly budgeted, Barnes & Noble is betting its sleek, shiny and bell-and-whistle-filled e-book will buck the economy trend, and be a holiday hit.

But it's a little hard to see how that will happen, given that Nooks will be in tight supply until at least January while Amazon shows no signs of rationing the Kindle.



Barnes & Noble Enters E-Book Wars...

DIRECTV Takes Disputes Fees Out of Customer Accounts, Suit Charges

Consumers who are being charged an early cancellation penalty by satellite television company DIRECTV asked the Los Angeles Superior Court to block the company from automatically removing the fees from customers bank accounts or charging their credit card accounts without their prior knowledge and written consent until the lawsuit is resolved.

The motion for a preliminary injunction notes that DIRECTV is systematically withdrawing the fees of up to $480 which the lawsuit contends are unlawful from customers accounts without their knowledge or permission. The withdrawals have caused consumers accounts to be overdrawn, customers checks to bounce, over-limit penalties to be assessed and their credit reports to be harmed as a result.

The DIRECTV customers who brought the lawsuit on behalf of current and former California DIRECTV customers asked the court to bar the company from collecting the disputed fees in this manner until the court determines whether the fees themselves are lawful.

DIRECTV charges its customers an early cancellation penalty when they terminate their service before what DIRECTV calls the term commitment period, typically eighteen to twenty-four months, is over. This early cancellation penalty is charged regardless of the reason for the cancellation. The lawsuit contends that DIRECTV fails to disclose this penalty to new customers or to existing customers who replace their equipment or add a new receiver, and that these practices are unlawful.

These days, many families are struggling to make ends meet. Now is the last time DIRECTV should be plundering peoples financial accounts to pay a fee that we believe is unlawful, said Harvey Rosenfield, founder of the non-profit Consumer Watchdog, who, along with Litigation Director Pamela Pressley, is one of the attorneys in the case. The DIRECTV customers that we represent had no notice that this early cancellation penalty would be directly withdrawn or charged to their accounts without any advance warning or opportunity to dispute the charge, leaving them caught completely by surprise when they discovered after the fact that the money was taken from their accounts, stated Pressley.

The companys unauthorized seizure of peoples money from their bank accounts jeopardizes the fragile financial status of these customers, and since DIRECTV has refused our request to stop collecting the fees in this manner, we are asking the court to prevent it from doing so, said Jennifer Steinberg, another attorney on the case.

I was shocked and appalled to find that, after having been a loyal DIRECTV customer for over seven years and cancelling my service because of problems with my equipment and terrible customer service, DIRECTV had taken money directly from my bank account, said Mary Cox, a putative class member in this litigation. Cox continued, this fee caused my account to go into overdraft, thereby resulting in my bank charging me overdraft fees. I spent countless hours trying to get the charges reversed with my bank. This is money I need to pay for my groceries and other bills.

It's outrageous for a company to be able to deduct money from its customers personal checking accounts without their written or verbal consent. This unlawful practice needs to be stopped, said Ingrid Evans, counsel for two of the representative DIRECTV customers in the suit.

In a complaint filed last September in Los Angeles Superior Court on behalf of current and former California DIRECTV customers who were charged an early cancellation penalty, Los Angeles resident Kathy Greiner explained that when her DIRECTV receiver stopped working, she ordered a new one. It began experiencing problems, but DIRECTV would not resolve the problem.

So Greiner, a six-year customer of the company, cancelled her service and returned the equipment. DIRECTV subsequently levied a $240 early cancellation penalty on Greiner, which the company took directly from her bank account (after deducting some amounts she had previously paid) without her knowledge or permission.

Greiners complaint was later consolidated with another lawsuit brought by Amy Imburgia and Marlene Mecca, also California residents. The joint lawsuit, Imburgia, et. al, v. DirecTV, Inc., alleges that DIRECTV failed to disclose to customers that it imposed an 18 or 24 month term of service and that cancellation before the end of the term would result in enormous penalty fees. The company would also automatically extend the contractual obligation by another 18 to 24 months if malfunctioning equipment needed to be replaced or the customer decided to make a change to programming or other services. These policies were not properly disclosed to purchasers beforehand, and consumers did not agree to them, the suit states.

Reader complaints

ConsumerAffairs.com regularly receives complaints from readers that they've been unknowingly roped into contract renewals with DIRECTV. Here's a sample: .

• Robert of Wirtz, Virginia, tells ConsumerAffairs.com that after he canceled his DIRECTV service six months into his contract, "I was informed that I would receive a final bill after cancellation. Funds of $195.90 were deducted (snatched) from my bank account, without prior notice. I went to my bank and was going to try and stop this transaction. My banker called and tried but it had already gone through. So I had to put this amount of money back in my account to prevent a shortage. No one at DIRECTV was remotely interested that I hadn't been notified in advance."

• Justin of East Falmouth, Mass., says he cancelled service due to poor customer service, poor quality, and poor business practices even though he knew the cancellation fee would cost him more than $300. He wrote ConsumerAffairs.com, "I called and authorized DIRECTV to charge 40 dollars to my debit card. The following morning I had a charge for 180 dollars to my account. When I called DIRECTV to complain, the first call I was hung up on, the second call I was told a supervisor was unavailable and there was nothing they could do as I had authorized the payment, when I asked for copies of the recorded phone conversation they said they had none, the third call said it would take between 8-16 business days to refund the 140.00."

• Heather of Simi Valley, California, tells ConsumerAffairs.com that she learned about DIRECTV contracts the hard way: "A few months ago, DIRECTV installed a new HD DVR in our home. What we didn't know was that signing the work order also threw us into another contract with them, beginning that day. When we called to cancel our service with DIRECTV...we were told we could not cancel until next year or pay a $240 cancellation fee. We were shocked! I think it's horrible that DIRECTV would trick their customers this way. We've contacted a lawyer to find out if we can fix this and keep it from happening to others.



DIRECTV Takes Disputes Fees Out of Customer Accounts, Suit Charges...

Massachusetts Court Throws Out Ticket Resale Suit

A Red Sox fan fed up with the stratospheric price of second-hand baseball tickets had his lawsuit tossed by Massachusetts's highest court last week. Colman Herman, of Dorchester, Ma., filed suit against the Admit One Ticket Agency in 2006, claiming that the agency's $415-dollar markup of a 2005 Sox ticket violated state anti-scalping laws.

The state law cited in Herman's complaint limits ticket markups to no more than $2 over the original face value. On its face, the law perhaps seems a bit harsh toward scalpers who concededly put time and effort into unloading generally high-demand tickets.

But as with so many laws, this one is riddled with exceptions. Worse, the exceptions are ill-defined, to be generous. The statute vaguely defines the types of fees that can be charged, but provides no concrete definitions or further limitations on such fees.

As it turns out, Herman's suit was thrown out because he didn't have standing to bring it in the first place. According to the Supreme Judicial Court, since Herman never actually bought a ticket, he was unable to prove that he suffered injury as a result of the allegedly unlawful prices. In a dissent, Judge Judith Cowin said that Herman's being "ready, willing, and able to purchase a lawfully priced ticket" was enough to give him standing to bring the suit.

It was doubtless a tough blow for Herman, who was awarded $25 million in damages at trial, but saw the verdict overturned on appeal. The Supreme Judicial Court's decision affirmed that of the Appeals Court.

In any event, the court's ruling acknowledged the near-uselessness of the statute. Judge Mark Covin noted that "the statute specifies the types of fees a ticket reseller may assess...[but] does not impose readily ascertainable restrictions on those fees, such as dollar or percentage limits." Worse, the law allows scalpers to recover "service charges," a term that includes phone calls, messenger services, or any other expenses that may be necessary to get the tickets to the consumer. Determining whether such fees have actually been incurred is essentially impossible, the court noted, without pouring time and money into litigation--and even then the plaintiff may remain in the dark.

No matter their thoughts on scalping, most would agree that a $2-above-face-price limit might be a bit stringent. As it turns out, there's a good explanation for that: the law was passed in 1924. Indeed, in 2007 the Massachusetts legislature made noise about throwing the law out and starting from scratch, or even doing away with scalping regulations altogether and allowing ticket resellers to charge as much as they want. State Rep. Michael Rodrigues asserted that lawmakers are "less concerned about what people pay. Our concern is consumer protection.

Herman, the suit's plaintiff, however, was unconvinced. He told the legislature that erasing limits on resale prices would limit Red Sox attendance to the wealthy, leaving the average ball fan out in the cold.

Herman, of Dorchester, filed suit against Admit One Ticket Agency in 2006, claiming that the agency's $415-dollar markup of a 2005 Sox ticket violated stat...

Sirius XM Near Bankruptcy

Struggling satellite broadcaster Sirius XM may be on the verge of bankruptcy. The New York Timesreports the company is meeting with restructuring advisers in advance of a bankruptcy filing.

The bankruptcy would come just months after the two satellite radio broadcasters, Sirius and XM Radio, merged. At the time, both companies were in shaky financial condition a problem made worse by the recession.

Besides the general economic downturn, Sirius XM has been hurt by the disastrous slump in new car sales. The company gets most of its new customers from the sale of new cars equipped with stereo receivers.

The U.S. Justice Department approved the merger last year, despite strong opposition from some consumer groups. The Consumer Federation of America, Consumers Union and Free Press urged the Federal Communications Commission to reject the proposed XM-Sirius merger on the grounds that it would lead to higher prices.

This week Sirius XM notified subscribers that free online access would soon end, but offered to provide continued online access at no charge if customers would extend their contracts.

The combined company offers dozens of non-commercial music channels, as well as a number of commercially-supported news and talk channels.

Sirius XM Near Bankruptcy...

Consumer Groups Urge the FCC to Reject XM-Sirius Merger

The Consumer Federation of America, Consumers Union and Free Press are urging the Federal Communications Commission to reject the proposed XM-Sirius merger.

The Department of Justice signed off on the deal without attaching any conditions.

In March, consumer groups criticized that decision as fundamentally flawed and called on the FCC to deny the transfer of the licenses to use the spectrum that XM and Sirius hold, which would effectively kill the merger.

"The Justice Department tossed all tenets of antitrust out the window in its rush to rubber stamp this merger-to-monopoly," said Mark Cooper, director of research for the Consumer Federation of America.

"The FCC should not buy into the flawed reasoning that led to the DOJ's disastrous decision. Consumers are depending on the commission to stop this dangerous deal dead in its tracks," he said.

The Justice Department based its merger approval on the conclusion that satellite radio is part of a larger audio market.

However, consumer groups -- using the FCC's own data on radio stations -- have argued that satellite radio and terrestrial radio are not close substitutes. The groups argue that satellite radio represents a unique consumer product that does not compete with iTunes or Internet radio.

"Protecting consumers should be the FCC's first priority," said Chris Murray, senior counsel of Consumers Union. "Allowing one company to monopolize the satellite radio industry would leave consumers with higher prices and fewer choices but no real benefits. Rejecting this deal should be a no-brainer."

The consumer groups' filing contends that the DOJ analysis ignores many aspects of competition between XM and Sirius that promote the public interest. In its analysis, the DOJ concedes that XM and Sirius:

• Did compete to sign automakers to long-term contracts and continue to do so when those contracts expire;

• Do compete for a great deal of programming, music, niche news and talk;

• Do compete for marquee programming;

• Do compete in retail distribution; and

• Would have competed more if they had kept their promise to deliver an interoperable radio.

As a consequence, permitting the two satellite radio companies to join would have many negative side effects -- both for consumers and for the satellite radio industry, the groups charged.

For consumers, the merger would reduce the number of channels and formats available and result in fewer cost-saving incentives. The loss of competition in the industry would also cause a dramatic drop in spending on talent.

"By approving this monopoly deal, the Justice Department has failed as the public's corporate watchdog," said S. Derek Turner, research director of Free Press. "Now it's up to the FCC to safeguard consumers and promote competition on our public airwaves."

States oppose merger

Earlier, eleven states called on the Federal Communications Commission (FCC) to consider blocking the proposed merger of the nation's only two satellite radio companies, saying the deal would create an illegal monopoly.

"A merger of XM Radio and Sirius radio meets the textbook definition of monopoly: a product controlled by one party," said Connecticut Attorney General Richard Blumenthal. "The Justice Department's inaction regarding this combination defies law, reason and common sense. Even a child understands that owning every property from Baltic Avenue to Boardwalk is a monopoly.

"This monopoly-making merger will leave Connecticut consumers at the mercy of a single company, leading to skyrocketing prices and diminished service. Customers unhappy with their service will have nowhere to go. The Justice Department's message to satellite radio consumers: Go pound sand.

Among the opponents is the state of Wisconsin, whose attorney general, J.B. Van Hollen, said the proposed merger is anti-competitive and anti-consumer. He said its impacts will be felt in Wisconsin, particularly in rural communities, where he predicts a significant reduction in the availability of sports and other programming.

The proposed merger would eliminate competition in the satellite radio industry and the combined XM-Sirius companies would be free to raise prices, stifle innovation, and reduce program diversity, Van Hollen said late last year, when he wrote to Barnett asking that the merger be blocked.

The Justice Department said last week that the combined satellite company won't be able to raise prices excessively because of competition from other entertainment media, including broadcast radio and MP3 players.

There wasn't enough evidence the merger "would substantially lessen competition or harm consumers," Justice antitrust chief Thomas Barnett said.

FCC weighing its options

FCC Chairman Kevin Martin has said the agency is close to a decision and said the FCC staff has been instructed to draft "various options."

The deal has come under fire from critics who say it would reduce competition. The critics have also questioned whether existing receivers will be able to receive what proponents have said will be greatly expanded programming options.

The proposed merger got a boost last September when former Federal Communications Commission chairman Mark Fowler said the deal would enhance competition. His comments came in a column in the New York Sun, whose parent company, Hearst Corporation, owns a stake in XM.

"In spite of the fact that satellite radio constitutes only 3.4 percent of radio listening today, traditional over-the-air radio operators have understood the potential threat and have had no choice but to compete, and have been dragged, albeit kicking and screaming, into the digital age," Fowler wrote.

The main argument that may prevent the current commissioners from allowing the merger is that it would create what critics say would be a monopoly. The National Association of Broadcasters (NAB), an industry group that lobbies on behalf of terrestrial radio broadcasters, has been by far the most vehement opponent.

"The national satellite radio market currently is a two-company duopoly trying to become a government-sanctioned monopoly," NAB president and chief executive officer David Rehr said at a House hearing in March. "The fact is, this monopoly would reduce innovation for services and equipment for consumers since there will be no competition in their defined market."

Consumer Groups Urge the FCC to Reject XM-Sirius Merger...

States Raise Questions about XM-Sirius Merger

Eleven states want the Federal Communications Commission (FCC) to consider blocking the proposed merger of the nation's only two satellite radio companies, saying the deal would create an illegal monopoly.

The AGs sent a letter asking the FCC to step in after the U.S. Department of Justice failed to block the proposed merger of XM Radio and Sirius Radio. The DOJ dismissed concerns that the merger would create an illegal monopoly by leaving the nation with only one satellite radio provider.

"A merger of XM Radio and Sirius radio meets the textbook definition of monopoly: a product controlled by one party," said Connecticut Attorney General Richard Blumenthal. "The Justice Department's inaction regarding this combination defies law, reason and common sense. Even a child understands that owning every property from Baltic Avenue to Boardwalk is a monopoly.

"This monopoly-making merger will leave Connecticut consumers at the mercy of a single company, leading to skyrocketing prices and diminished service. Customers unhappy with their service will have nowhere to go. The Justice Department's message to satellite radio consumers: Go pound sand.

"My office, in partnership with other state attorneys general, is demanding the FCC to intervene against this flagrantly anti-competitive, anti-consumer merger. The FCC can and should protect the public interest and radio consumers by killing this monopoly before it's created," Blumenthal said.

Among the opponents is the state of Wisconsin, whose attorney general, J.B. Van Hollen, said the proposed merger is anti-competitive and anti-consumer. He said its impacts will be felt in Wisconsin, particularly in rural communities, where he predicts a significant reduction in the availability of sports and other programming.

The proposed merger would eliminate competition in the satellite radio industry and the combined XM-Sirius companies would be free to raise prices, stifle innovation, and reduce program diversity, Van Hollen said late last year, when he wrote to Barnett asking that the merger be blocked.

The Justice Department said last week that the combined satellite company won't be able to raise prices excessively because of competition from other entertainment media, including broadcast radio and MP3 players.

There wasn't enough evidence the merger "would substantially lessen competition or harm consumers," Justice antitrust chief Thomas Barnett said.

But the deal's not done yet. The companies are still awaiting approval by the Federal Communications Commission.

FCC Chairman Kevin Martin has said the agency is close to a decision and said the FCC staff has been instructed to draft "various options."

The deal has come under fire from critics who say it would reduce competition. The critics have also questioned whether existing receivers will be able to receive what proponents have said will be greatly expanded programming options.

The proposed merger got a boost last September when former Federal Communications Commission chairman Mark Fowler said the deal would enhance competition. His comments came in a column in the New York Sun, whose parent company, Hearst Corporation, owns a stake in XM.

"In spite of the fact that satellite radio constitutes only 3.4 percent of radio listening today, traditional over-the-air radio operators have understood the potential threat and have had no choice but to compete, and have been dragged, albeit kicking and screaming, into the digital age," Fowler wrote.

The main argument that may prevent the current commissioners from allowing the merger is that it would create what critics say would be a monopoly. The National Association of Broadcasters (NAB), an industry group that lobbies on behalf of terrestrial radio broadcasters, has been by far the most vehement opponent.

"The national satellite radio market currently is a two-company duopoly trying to become a government-sanctioned monopoly," NAB president and chief executive officer David Rehr said at a House hearing in March. "The fact is, this monopoly would reduce innovation for services and equipment for consumers since there will be no competition in their defined market."

States Raise Questions about XM-Sirius Merger...

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High-Definition TV Doesn't Have to be Expensive

I never considered myself one of those Audio/Video guys. But after my friends and I finished the final touches to my high definition (HD) projector, and we sat down to watch The Bourne Identity on my 125-inch HD screen, I realized why some men flip over home theaters.

But what I didn't understand is why they would spend as much as $10,000 to do it. I built a knock-out home theater system for $1,650 less than the price of almost any new 40-inch HDTV. Here's how I did it:


The final product eats up a lot of wall space.

Before I bought anything, I spent two weeks researching sorting through the online myths, legends and generally inaccurate home theater guides that saturate the Internet.

Before buying a projector, there are some practical obstacles to consider. The first is how much natural light is in the projector's environment.

Even the brightest machine cannot overcome direct sunlight and most indirect sunlight. A basement or windowless room is ideal. You also need a large blank wall to project the images and a place to mount the projector so that guests and other objects don't become a part of the show.

I'm in the fortunate position -- well, fortunate in some ways anyway -- of living in a small apartment at the end of a dark alley in an old building with high ceilings and I can't afford any nice art for my large white walls, so too much natural light is definitely not a problem. It's like the architects of my building knew 100 years ago what I would be using it for.

A projector is not like a TV. It's an extremely high tech-piece of equipment with many more options and it's likely there's only one that fits your needs and budget, which is why research is so important.

I spent most of my research poring over the hundreds of digital projectors available on the market and determined these are the key attributes to weigh:

Lumen: This is the measure of perceived light power. There's no such thing as too much. The brighter the image, the more detail can be seen and the more vibrant all the images appear. High lumen is particularly important if there is any ambient light in the room. If there are windows or if you plan to operate the projector with any lights on, you'll want something with at least 2,500 lumen.

Native resolution: Just like TVs, projectors have a maximum resolution. They range from 640x480 (standard definition [SD] TV) to 1920x1080 (true 1080 HDTV) and everything in between. Higher resolution projectors can display lower resolution images and lower resolution projectors can receive higher resolution images, but must convert them and then display them on the projector's actual native resolution. I can't tell you what resolution is best. But if the projector is for home use, you'll want at least 1280x720 (720 HDTV) so that you can enjoy your massive screen in HD. The higher resolution 1080 projectors display a crisper image, but are a relatively new technology and are not as bright and more than double the cost of their 720 counterparts.

Native aspect ratio: Similarly, projectors have a native aspect ratio, usually 4:3 (SDTVs and most computer monitors) or 16:9 (HDTVs). Again, each can receive non-native feeds, but must convert the image by either stretching it and distorting it or by placing black bars on the sides or top and bottom of the image. For home use, 16:9 is the preferred format since HDTV broadcasts are 16:9.

Lamp life: just like rear-projection TVs, digital projectors have a bulb that will eventually either burn out or become so weak, the feed is difficult to watch. At $250 to $400 per bulb, you'll want a projector with a long estimated lamp life. Lamp life ranges from about 2,000 hours to 4,000.

DLP versus LCD: While LCD projectors are still in production, DLP has nearly taken over the market and for good reason. DLP's pictures are brighter, more colorful and do not blur fast-moving images. They also require next to no maintenance. DLP projectors are slightly more expensive, but this is probably the one area where you'll pay the least for the greatest gain.

While there are other considerations such as contrast, fan noise and inputs, the five mentioned above are by far the most important.

Since my new toy was to completely replace my TV, I needed long lamp life and brightness so I could watch it during the day or with the lights on.

The components

After all of my research, I settled on BenQ's SP830. At 3,500 lumen it's one of the brightest beamers on the market, it has DLP technology, up to 4,000 hours lamp life, both DVI and component inputs, a 16:9 aspect ratio and is capable of projecting 720p HDTV.

I bought it for just under $1,500 from Amazon.com about $1,000 less than its price at a local store. It is advertised as a business projector, but like many business models, does a splendid job of everything else.

While the projector is the single most important and most expensive portion of any home theater, you also need to factor in a screen, audio system, installation and cables.

I basically went the cheapest route possible but it still looks brilliant.

Screens

For the moment I am projecting the image on a bare white wall. Because the SP830 projects at a stunning 3,500 lumen, its light reflects off almost any surface. But a weaker projector will definitely require a screen not to mention most people don't have vast, white, empty wall space.

Many home theater projections range between 100 to 130 measured diagonally. While high-end 16:9 screens in that size can cost as much as $1,000, cheaper versions for less than $300 will dutifully work for any projector with at least 1,500 lumen.

If you're confident that the home theater is in a permanent location, there are a few manufacturers that make screen goo that can be painted onto a wall. Some swear that screen goos reflect the best pictures.

Regardless of how you reflect the image, always install the projector before you buy a screen. You don't want to end up with a screen that's too big or worse yet, too small.

Audio

Today's latest digital surround systems can add a new dimension to any home theater -- and a price tag that may double the whole project.

For my audio, I re-used a decent subwoofer/computer speaker package that was easy to install onto the wall on either side of the projected image. I think I paid $60 for the package a few years ago. Since it's only stereo, rather than surround, it was easy and cheap to install a single stereo audio cable from my cable box in the back of the room to the speakers in the front.

Cables

Eric DeGrass makes final adjustments to the projector

When I asked a friend who recently purchased an HDTV for advice on buying cables, he said, cables are the one area you don't want to go cheap on. That's what the salesman at Best Buy told him at least, and he paid $90 for a 6-foot Monster Cable.

However, many engineers will tell you that cables are the biggest scam in the whole home theater business generally perpetrated by salesmen at Circuit City, Best Buy and the rest of the big boxes. Yes, you need cables, but what you don't need to do is pay hundreds of dollars for them.

There is almost an endless flow of research available on the Internet that reveals that cheap yet reliable cable manufacturers perform at the same level as Monster the monster that has attacked consumers' wallets at big box stores for years.

Monoprice.com came highly regarded on many forums and for less than $80 including shipping, I ordered 50' worth of heavy gauge HDMI and component cables along with an assortment of connectors, converters and widgets.

The only thing to watch out for with any cable, regardless of its price, is length. The research comparing cheap cables to expensive cables revealed that picture quality may decrease if the cable is longer than 25 feet. If you must do it longer, there are video boosters you can install.

Installation

The final step is installation.

I used a standard universal ceiling mount and ran all the cables along the wall and ceiling through brackets. Even my rudimentary installation was too much for one person so I lured a few of my buddies and their power tools to my apartment with cheap beer. In all it cost me $75 including the mount and beer and it doesn't look half bad.

Running cables through the walls is definitely the classier approach, but also more expensive, time-consuming and permanent. It also makes it difficult to upgrade to a future technology that may require new cables.


Mesmerized friends Chris Soto, Natalie Leonhard and Eric Degrass

When I began my hunt for an HDTV, I never thought it would result in the 125-inch goliath that now dominates my northern wall. But with a little more research, planning and energy, I made it happen for a few hundred less than what I would have paid for something a third the size.

Now I just need some sort of technology that makes my friends go home and watch their own tiny screens.

It's an extremely high tech-piece of equipment with many more options and it's likely there's only one that fits your needs and budget, which is why resear...

Senators Object to DirecTV Deal that Shuts Out Baseball Fans

Senators warned Major League Baseball today that if they sign an exclusive programming package deal with DirecTV, Congress may step in and defend the hundreds of thousands of consumers who are just four days away from losing their ability to watch out of market baseball games.

Today's hearing comes three weeks after Major League Baseball (MLB) and DirecTV reached an agreement to carry MLB's popular Extra Innings package of out-of-market games. Although not exclusive, the deal will become so if DirecTV's rivals do not match DirecTV's terms before Opening Day, April 1.

"It works a real inconvenience with a lot of people," said Sen. John Kerry, (D-Mass.), who convened the hearing at the Senate Commerce Committee. "A lot of baseball fans are very disappointed and some are very angry."

The catch for DirecTV's rivals is that it will become very costly for them to match those terms. Although the exact terms of the deal have not been released, even to DirecTV's rivals, MLB spokespeople have said that these are the terms:

• Seven years at $100 million per year
• Carriage of MLB's 24-hour Baseball Channel, scheduled for launch in 2009, on at least 80 percent of all subscriber's basic package
• 20 percent minority ownership of The Baseball Channel

But at the Senate hearing today, it seemed Major League Baseball (MLB) is actively trying to prevent millions of fans from having access to their package of out of market games and The Baseball Channel.

DirecTV's rivals said they offered to match the terms, but MLB has rebuffed both offers.

At the hearing, Dish Network president Carl Vogel, revealed that Dish had offered to match the terms including an equal 20 percent ownership of The Baseball Channel. But MLB told them the 20 percent offer was only available to DirecTV.

Two weeks ago, iN DEMAND, a consortium of digital cable operators, offered to match the deal by promising to provide The Baseball Channel to as many customers as DirecTV and did not offer to become an owner of the channel. But MLB turned down that deal because iN DEMAND would only provide The Baseball Channel to the same number of customers as DirecTV, not the 80 percent.

Kerry, chairman of the committee, convinced all the parties to meet in the next 24 to 48 hours to attempt to come to terms that will be best for consumers, not the bottom line.

But MLB president Robert Dupuy did not seem hopeful a deal could be reached before the fast-approaching deadline.

If an agreement is not reached and Extra Innings becomes exclusive to DirecTV, Sen. Arlen Specter (R-Pa.) warned, "We are not entirely powerless."

A Contractual Catfight

MLB has offered Extra Innings on a non-exclusive basis since its inception in 2001.

MLB's Extra Innings is valuable to baseball's most devoted fans because it allows them to watch almost every game regardless of their location. For example, a Los Angeles Dodgers fan can watch almost all Dodgers games in Atlanta. The service is particularly popular with fantasy baseball players.

But over the winter, MLB began looking for an exclusive deal for the package after DirecTV began negotiating one in the fall, Dupuy told ConsumerAffairs.com.

MLB tried to generate a bidding war and went to DirecTV's rivals for counter offers. iN DEMAND would not negotiate an exclusive deal, potentially matching DirecTV's, but did offer to match DirecTV's financial terms of $100 million per year over seven years. But MLB was insistent in finding an exclusive partner, so it went forward with DirecTV, a company that has held the exclusive rights to NFL games among other sports partners.

When word got out that MLB was close to signing an exclusive deal with DirecTV in February, fans and newspaper opinion pages fumed.

The deal would cut out approximately 250,000 fans who had previously subscribed either through Dish Network or iN DEMAND. The deal would also cut out approximately 50 million potential consumers who subscribe to Dish and digital cable.

MLB and DirecTV responded by saying that cable customers have the option of switching to DirecTV or watching the games online.

But many fans, particularly those in urban neighborhoods cannot watch satellite TV because they cannot get a good view of the southern sky, where the satellite orbits, or, in even more cases, are not allowed to put a dish on their rental. Many homeowners simply do not want to devalue their investment -- or risk damaging their roof -- by placing a grey dish atop their homes.

As far as watching the games online, a very fast broadband connection is required and although it is an alternative, it is a rather pixilated one as the quality is less than half that of digital cable. It also costs $90-$120 per season compared to Extra Innings which costs $179.

As the angry letters piled into government offices, a handful of Congressmen, led by Sen. Kerry, began looking into the matter. Kerry asked the Federal Communications Commission to investigate the burgeoning deal in early March. The Commission has not released the results of the investigation, but Kerry said last week that the deal is "probably not" illegal.

MLB commissioner Bud Selig further infuriated fans when in early March he told reporters at a press conference that "I'm really wondering [about the fuss]. ... In a year or two, when people understand the significance of this deal ... everybody will understand it."

Senators Object to DirecTV Deal that Shuts Out Baseball Fans...

FTC Reaches Settlement with BSG Clearing Solutions

The Federal Trade Commission is working to recover as much money as possible from scam artists who have placed more than $35 million in suspect and often outright bogus charges on consumers' phone bills.

Yesterday the FTC reached an agreement to settle with BSG Clearing Solutions, also known as Billing Concepts and ZPDI, for $1.9 million.

The suit seeks restitution for consumers who found mysterious and outrageously overpriced collect charges on their phone bills, placed by BSG, on behalf of its client and co-defendant in the case, Nationwide Connections, Inc.

Nationwide billed consumers for phony collect calls that were purportedly made to telephone lines dedicated to computers and fax machines, and to homes and businesses where no one was present, and some consumers caller ID logs had no record of collect calls for which they were billed, according to an FTC press release.

The charges, usually between $5 and $8, typically were buried in the back of consumers monthly phone bills.

BSG is the nation's largest phone bill aggregator, working with many of the nation's largest phone companies to place bills from sex hotlines and just about everything else onto consumers' bills.

Although many consumer advocates believe the aggregators and phone companies, such as Verizon, should be held liable, too, they are frequently overlooked by zealous attorneys who attack the originators of the false charges instead.

This case is all part of a larger effort by the FTC and originated in October 2007 when the agency settled with Nationwide and its ringleader, Willoughby Farr, said FTC assistant director Dan Salsburg.

Some customer funds have been recovered, Salsburg said. But the FTC is still trying to recover the vast majority of the $34.4 million Nationwide is accused of stealing from U.S. consumers. All of its operations have ceased.

Hundreds of complaints

ConsumerAffairs.com has received 458 complaints about BSG, most under the company name ZPDI. Although BSG comprises 85 percent of the market, the most notorious aggregator appears to be ILD Teleservices which has amassed 2,742 complaints in the ConsumerAffairs.com database.

Regardless of who is cramming the charges, the complaints all look the same.

I received my phone bill with a collect call from UNITEDKINGDM, wrote Tina of Sherwood, Ark. The bill shows "billed on behalf of FIBERLINK." Total charge is $12.86. I called ZPDI and they told me someone entered my info on a website and would not tell me anything else and refused to drop the charge.

BSG canceled its contract with Nationwide in 2005 according to a prepared statement from BSG's president, Greg Carter.

From the outset, BSG has maintained that it bears no responsibility for the fraudulent actions of the terminated customer (Nationwide) and that BSG was also a victim of Nationwides fraud, Carter said in the statement. Nonetheless, as the largest processor of and clearinghouse for Local Exchange Carrier (LEC) billing, BSG believes that it, the industry and the consumer are best served by BSG devoting its energies, going forward, in continuing to lead this industry in the elimination of unauthorized billing.

Although ConsumerAffairs.com has complaints about BSG from every year in the past eight years, Carter said the company works hard to curb cramming.

BSG is committed to a zero tolerance policy for cramming and other deceptive business practices, and over the years has been in the forefront of developing and implementing the billing industrys most stringent verification procedures, Carter continued. BSG has worked closely with federal and state regulators, and local exchange carriers to explore new methods to eliminate telecommunications fraud, and it is committed to continue and to strengthen these efforts in the future.

The next step in the FTC's battle against crammers is get yesterday's settlement approved by Florida courts, where BSG is based and then to go after Integretel, a much smaller version of BSG, which is blamed for helping to steal $4-$5 million from consumers.

Just days after the FTC filed its lawsuit against Integretel, the company filled for Chapter 11 bankruptcy. Salsburg said that has slowed that case down but he's hopeful the tactic will not succeed.

ConsumerAffairs.com has received 24 complaints from consumers who believe Integretel ripped them off.

More Scam Alerts ...

FTC Reaches Settlement with BSG Clearing Solutions...

Super Bowl Boosts TV Sales

Consumers will be seeing the Super Bowl action more clearly this year as the high-def buying frenzy continues.

According to the Retail Advertising and Marketing Association's (RAMA) 2007 Super Bowl Consumer Intentions and Actions Survey, more consumers plan to take advantage of retailers' promotions of high-definition televisions for game day.

In fact, 2.5 million consumers plan to purchase a new TV for Super Bowl Sunday, up from the 1.7 million who said they would last year.

The survey found that consumers plan on spending an average of $56.04 on Super Bowl-related merchandise, up from last year's $36.78. Total spending for the February 4 Super Bowl is expected to reach $8.7 billion.

"The Super Bowl is more than just a game -- it's a chance for companies to attract new customers by being creative, and often outlandish, in their advertisements," said RAMA Executive Director Mike Gatti. "After an incredibly promotional holiday season, consumers can expect big sales on Super Bowl-related merchandise until game day."

According to the survey, 69.7 percent of consumers plan to celebrate the Super Bowl, compared with 65.9 percent last year. Of those that will be celebrating, 69.3 percent will be purchasing food and beverages and 6.3 percent will buy team apparel and accessories. In anticipation of the big day, 1.3 million consumers plan to buy new furniture, including new home entertainment centers.

The survey also found that more people plan on throwing a party this year than last year (12.8% vs. 9.8%), and more people will be attending those parties (26.8% vs. 24.3% in 2006). Additionally, 9.2 million people plan to watch the game from a restaurant or bar.

"The interest in this year's Super Bowl is higher than in many other years, so retailers have an opportunity to win big with sales of electronics, team apparel, and food," stated Phil Rist, Vice President of Strategy at BIGresearch. "As the price of flat-screen televisions continues to decrease, they are becoming more affordable for average consumers, which is contributing to an increase in TV sales."

While Americans say the game itself is still the most important part of the Super Bowl (32.1%), more than 40 million consumers (18.1%) said they will tune in because of the commercials. The 18-24 (22.2%) and 25-34 (26.3%) year-old age groups will be most likely to pay attention to the advertisements, compared with last year when 18.5 percent and 19.3 percent respectively said the commercials were most important.

Super Bowl Boosts TV Sales...

Super Bowl Attracts Super Scams

With the Chicago Bears and the neighboring Indianapolis Colts set to square off Sunday in Super Bowl XLI in Miami, Illinois Attorney General Lisa Madigan is urging fans of both teams purchasing tickets and making frantic travel to exercise caution and not be fooled by shady, last-minute deals.

"With both regional fan favorites, the Bears and the Colts, in the Super Bowl, Illinois and Indiana consumers need to be on guard against fraudulent ticket and travel scams," Madigan said. She offered the following tips and information regarding ticket sales and travel arrangement.

Tickets

Fans attempting to purchase tickets online from a third party run the risk of receiving a counterfeit ticket or no ticket at all. Consumers should follow several rules in responding to sellers offering ticket deals:

• If dealing with a ticket broker, determine whether the broker is a member of the National Association of Ticket Brokers -- -- and the Better Business Bureau, www.bbb.org. Both organizations have membership standards that promote ethical business conduct.

• If dealing with an Illinois ticket broker, consumers can contact the Illinois Secretary of State's Index Department in Springfield to ensure that the broker is properly registered. Illinois law requires ticket brokers meet certain requirements such as having a toll-free phone number and maintaining a consumer rebate fund.

• Avoid paying cash for tickets on hand from a stranger in the event the tickets may be counterfeit. Consumers should deal only with a seller who accepts credit card payments or other secure payment methods. Consumers are urged not to buy tickets from an unsecured website. Consumers should also be wary of online escrow sites, especially those recommended by a seller. If an escrow site is suggested, the consumer should independently investigate whether the site is legitimate.

• Consumers should be aware that tickets to many of the parties held in conjunction with the Super Bowl are by "invitation only" and cannot be re-sold. Tickets to such an event may be counterfeit.

• Most importantly, consumers should never wire any payment to a seller for any reason. Buyers are sometimes told that they will receive Super Bowl tickets after wiring money to an unknown seller. In many cases, the consumer will end up being a victim of fraud.

"Right now, both teams are preparing their game plans," Madigan said. "There's no reason why fans shouldn't do the same and prepare themselves against unscrupulous ticket and travel vendors."

Travel

The Aviation Consumer Protection Division of the U.S. Department of Transportation has established rules for Super Bowl travel package promoters. These rules require that tour operators who market Super Bowl packages that include tickets to the game must have either already purchased the tickets or have a written contract for the tickets before advertising a package.

This "Truth in Ticketing" rule also requires that companies pay full refunds to consumers when they sell a travel package that includes game tickets, but fail to provide the game tickets. These refunds must cover the full price paid for the package, including airfare and hotel rooms.

The rule also allows consumers to obtain full refunds if promoters increase the price of the package by more than 10 percent after consumers have paid, and no price increases are allowed during the last 10 days before the departure date.

Fans are reminded to purchase travel packages from providers they have used in the past or ask family or friends to recommend a company that they trust. Madigan said fans should be skeptical if they cannot reach a person on the phone to answer questions or if the company does not give its street address

"As with game preparation, Super Bowl travelers need to protect themselves by checking all the "Xs and Os" before purchasing travel packages," Madigan continued. These include:

• Making sure that tickets to Sunday's game are included in the travel package.

• Getting all information about the travel package in writing and carefully read and fully understand all of the terms and conditions of the travel package before purchasing the trip, including the total price as well as any cancellation and change penalties.

• Purchasing the trip with a credit card will give consumers the ability to dispute a charge if the promoter does not provide what is contracted for.

• Being careful of mail, fax and telephone solicitations offering travel packages to the Super Bowl.

• Calling the travel promoter a few days prior to the departure date to confirm reservations.

Super Bowl Attracts Super Scams...

DIRECTV Telemarketers To Pay $75,000 Penalty

The Federal Trade Commission has entered into a court settlement with Nomrah Records, Inc. and its president, Mark Harmon, defendants in the recent DIRECTV telemarketing case.

Under the settlement, Harmon will pay a $75,000 civil penalty and both he and the company will be barred from violating the Do Not Call (DNC) Rule and Telemarketing Sales Rule (TSR) in the future.

In December 2005, the Commission charged DIRECTV and other defendants that telemarketed on DIRECTVs behalf with violating the DNC Rule and the TSR by calling consumers, despite the fact that their numbers were on the National DNC Registry.

In settling the charges, DIRECTV paid $5.3 million, representing at the time the largest-ever DNC penalty obtained by the Commission.

The stipulated final judgment and order against Nomrah and Harmon contains strong injunctive relief, barring them from calling consumers on the DNC Registry, as well as from violating any other provisions of the TSR in the future.

The judgment and order also requires Harmon to pay a $75,000 civil penalty, with the stipulation that $400,575 will become due if he is found to have misrepresented his financial condition to the Commission. Finally, the order contains standard record keeping and reporting terms to ensure the defendants comply with the order.

Litigation continues against several other companies and individuals.

DIRECTV Telemarketers To Pay $75,000 Penalty...

Satellite TV Gains on Cable

It's a mixed bag for cable and satellite TV providers. Although cable TV service continues to lose market share to satellite, penetration of digital cable has increased 11 percentage points, according to J.D. Power and Associates.

The company's 2006 Residential Cable/Satellite Satisfaction Study study finds the industry-wide penetration of digital cable has increased from 30 percent in the 2005 study to 41 percent in 2006, largely fueled by the increased availability of digital video, data and voice bundling options.

Currently, 29 percent of U.S. households subscribe to satellite service alone -- up 2 percent since the 2005 study -- while 58 percent of households subscribe only to cable -- down from 60 percent in the 2005 study.

An additional 1 percent of households subscribe to both cable and satellite services, with a total of 88 percent of households with either or both.

"Digital service is the key for consumers in taking advantage of the aggressively marketed 'triple play' bundle of digital video, voice and Internet services," said Steve Kirkeby, executive director of telecommunications and technology research at J.D. Power and Associates.

"With analog cable subscribers increasingly converting to digital, this becomes a major advantage for cable companies in the race against satellite providers to maintain market share."

Increased popularity of bundled services is also a likely contributor to a decrease in monthly payments for cable subscribers. Cable customers report spending $58 monthly -- down $1 from 2005 -- while satellite subscribers report spending $61 per month for service, up $3 from a year ago.

Although satellite providers still have a significant lead over cable providers in overall customer satisfaction, cable providers continue to close the satisfaction gap. The difference in satisfaction scores between cable and satellite subscribers is currently 50 index points on a 1,000-point scale-down from a 69-point gap in 2005.

Satisfaction for cable and satellite providers has fallen 29 and 48 points, respectively, since 2005.

"Recent mergers and acquisitions within the cable industry will undoubtedly impact satisfaction in the very near future," said Kirkeby. "During an acquisition, subscribers are likely to be more sensitive to how their carrier is going to impact the reliability of service and whether there will be any changes to the price structure or payment plan. These two areas are the most critical factors driving a customer's intent to switch carriers."

DVR Usage Grows

The use of digital video recorders (DVRs), which allow viewers to freeze and record live TV, has increased significantly since 2005. Thirty-eight percent of cable subscribers and 25 percent of satellite subscribers report that they are using DVRs supplied by their provider. Another 24 percent of cable and satellite customers report using TiVo as their DVR.

For the first time, the study measures customer satisfaction with cable and satellite TV providers in four regional segments: North Central, East, West and South. The shift to an expanded regional ranking structure in the study was made to provide respondents with choices more applicable to their regional markets.

Within each segment, six factors are measured to determine overall customer satisfaction: customer service, performance and reliability, image, billing, cost of service, and offerings and promotions. Study results by region are:

North Central Region: WOW! ranks highest in the region with an index score of 708 points-the highest satisfaction score in the study. WOW! receives top ratings from customers in five of the six study factors: customer service, performance and reliability, billing, cost of service, and offerings and promotions. DIRECTV follows WOW! in the North Central region rankings with a score of 677 points.

East Region: DIRECTV ranks highest in the East with an overall index score of 686 points, receiving the highest ratings from customers in performance and reliability, billing, image, cost of service, and offerings and promotions. Cox Communications follows with an overall score of 664 points.

West Region: Cox Communications ranks highest in the region with a score of 690 points. Cox receives top ratings from customers in customer service, performance and reliability, image, billing, and offerings and promotions. DISH Network ranks second overall in the West with a score of 662 points.

South Region: Bright House Networks ranks highest in the South region with an index score of 682 points. Bright House receives the highest ratings from customers in customer service, image, billing, and offerings and promotions. DIRECTV follows Bright House in the South region with a score of 676 points.

The 2006 Residential Cable/Satellite TV Customer Satisfaction Study is based on responses from 15,819 U.S. households that evaluated their satellite or cable TV provider.

An additional 1 percent of households subscribe to both cable and satellite services, with a total of 88 percent of households with either or both....

Girls Gone Wild Still Going Wild

Even after a FTC scolding and several class action lawsuits, Mantra Films, the makers of "Girls Gone Wild," are still making it difficult for consumers to cancel their subscriptions, according to consumer complaints filed with ConsumerAffairs.com.

In July 2004 the FTC ordered Mantra to pay $1.1 million for "enrolling consumers who responded to Internet and television ads advertising a single video or DVD into "continuity" programs.

Once consumers were enrolled in these programs, each month the defendants shipped additional, unordered videos and DVDs on a "negative-option" basis, charging consumers' credit and debit cards for each shipment until consumers took action to stop the shipments."

Consumers then found it nearly impossible to cancel the continuity program.

As a result of that case, Mantra was forced to make it undeniably clear what the consumer was signing up for and also follow through with the late night TV ads' promise of, "cancel any time."

To enforce this ruling, the FTC forced Mantra to submit compliance records for 180 days after the case. The commission can also ask for more compliance records after that date if necessary.

Two years later, Mantra is still advertising all over late-night TV and the complaints file into ConsumerAffairs.com on a daily basis.

"I purchased 2 DVDs for $9.99 -- cancel any time," wrote Julian of Walnut Creek, Calif. "They began to send me 1 or 2 DVDs each month. I picked up on that quickly and tried to cancel my account. Over the course of several months I have called four times each time insisting that my orders be cancelled and that they stop billing me and stop sending me DVDs. Atrociously the DVDs continue to come despite all my efforts. They have taken over $250 from me."

Although it does seem clear from recent consumer complaints and the "Girls Gone Wild" website what a person is signing up for, almost every complaint is about Mantra's apparent disregard of its "cancel anytime" promise.

There's no telling whether the FTC is doing anything.

"I can't confirm or deny any investigation," Robert Frisbee, FTC assistant director said.

Mantra, based in Hollywood, Calif., appears to be safe from local authorities as the California Department of Justice has not filed any suit nor does it have any current investigations.

Frisbee did confirm that the FTC requested more materials from Mantra once, but would not share any more specifics. "Our correspondence is not really a matter of public information," he said.

Girls Gone Wild Still Going Wild...

Fired DirecTV Contractors Say They Refused To Lie To Customers

A group of technicians employed by a contractor for DirecTV say they were fired for exposing the company's alleged practice of heavily pushing customers to hook up their satellite receivers to phone lines, even though the service doesn't require it.

The technicians, who worked for cable and satellite infrastructure provider MasTec in Orlando, Florida, told news station Local6 that they were pressured to tell customers "anything you have to" in order to get them to hook their receivers to phone lines.

Technician Frank Martinez told Local6 that he was ordered to "tell them if these phone lines are not connected, the receiver will blow up."

Technicians said that $5 was deducted from their paycheck for every receiver they installed without the phone line connection.

As a result of the May 1st report, the technicians were promptly fired from MasTec, and say they are pursuing legal action against their former company and DirecTV.

The DirecTV service doesn't require a phone connection to order pay-per-view movies or events, as that can be done via the company's Web site or over the phone.

So what does media mogul Rupert Murdoch's satellite service gain from the procedure?

Money, for starters. Each phone line connection could cost a customer as much as $52 per room, according to the Local6 report, and another $50 for a wireless phone jack.

Not only that, but the company collects data on transactions made through the phone lines for its own purposes. That could mean anything from targeted advertising, to selling the information to other subsidiaries of the Murdoch empire, or other businesses.

DirecTV partner TiVo came under fire in 2004 for collecting information on the shows its users recorded, and being able to track specific instances of rewinding or pausing a show.

Although TiVo clearly disclosed its practice and gave customers the ability to "opt out", users of DirecTV's TiVo service often had difficulty changing their recorder's settings to prevent the data being relayed back to the company, according to postings on customer forums.

The relationship between MasTec and DirecTV is equally cozy.

DirecTV is MasTec's biggest client, paying it more than $300 million in new installations in 2005. The company is a major player for both cable and telecom companies, providing them with the crucial "last-mile" connections for high-speed television and broadband services to customers' homes.

Bob Apple, current president of MasTec's "Energy Group" division, was formerly Senior Vice President of DirecTV, ironically focused on the "installation, warranty, and service businesses," according to his company bio.

MasTec has also has financial and investment troubles over the years. In April 2006, the company settled several lawsuits which claimed it had overstated its earnings and deceived shareholders.

According to the company, the lawsuits were settled without paying the plaintiffs, even though "the company believes it would have been successful in defense of these actions."

In Mastec's words, "Management concluded that entering into the settlement was the prudent course of action, given the low amount of the settlement, the inherent risk and uncertainty of legal proceedings, and the substantial time and expense required to defend these cases."

DirecTV's own business practices have been regularly questioned by customers, particularly those who have been repeatedly billed for adult-oriented programming they say they did not order.

The company recently paid millions to settle a 22-state investigation into claims that its partner telemarketing firms were violating the Do-Not-Call Act in order to get new customers.

It also had to cough up another $5 million to settle charges of deceptive advertising, bad billing procedures, and not providing service requested by customers.

Fired DirecTV Contractors Say They Refused To Lie To Customers...

Outbreak of DirecTV Porn Charges Hits Philadelphia

A story that never really goes away is DirecTV's odd habit of billing customers for "adult" movies they insist they did not order or watch. The latest outbreak of bogus bills occurred in Philadelphia, where it was exposed by WPVI-TV's consumer reporter, Nydia Han.

Han reported receiving complaints from more than a dozen consumers hit with collection notices. Oddly, many of the consumers were teachers at a charter school in Chester, a Philadelphia suburb. They compared notes and found they shared a similar experience.

Their complaints are similar to those ConsumerAffairs.com has received for years -- like Elaine of Jackson, Ga., who in 2001 was charged for almost $500 of pornographic movies. "They were charged for times we were not home, or watching regular tv news. I have researched several complaint sites and have found many customers with the same problem, always porn movies. We did not order these movies," Elaine insisted.

What's interesting about the Chester complaints is that only one of the teachers is a DirecTV subscriber. All the rest are being charged for watching adult movies without even having a DirecTV subscription.

It turns out that the Philadelphia address for some of the fraudulent accounts doesn't even exist. A former independent DirecTV dealer activated the account and apparently at least 10 other bogus contracts, Han reported. At Village Charter School, the initial bills were sent to addresses in Fayetteville, North Carolina. And the majority of the addresses Han checked there were also non-existent.

The consumers say Direct TV kept referring them back to the collection agencies, leaving them guessing how they got scammed and whether they're still vulnerable.

One theory is that rogue employees at some DirecTV subcontractors are setting up bogus accounts for the commission. Consumer advocates say DirecTV needs to secure its signup system.

"Their absolute responsibility is to go back and check all the orders from the area where the fraud occurred and confirm them," ConsumerAffairs.com president Jim Hood said in Han's broadcast report.

Presently, to open a new account, the customer must provide an address, phone number, social security number, and credit card number. The card doesn't have to be yours. DirecTV checks your credit report but apparently does not make sure the address on it matches the service and billing address.

DirecTV says it is "evaluating" new identity verification tools, Han reported. In the case of the Philadelphia consumers, DirecTV says it has removed the charges from its system and is trying to help the consumers repair their credit.

But the Philadelphia incidents are not isolated examples Nydia Han's report aired on WPVI-TV on March 23. The very next day, we heard from Kevin of Newark, Delaware, who had seen the WPVI-TV report.

"I'm a victim of a similar situation -- back in 2003 I purchased DirectTV and everything was fine til I got my second bill. I opened up the bill and the bill stated I owed $708. I immediately contacted customer service about this bill and they informed me that I was ordering pornography movies," said Kevin, who was later told he owed a total of $1,008. He is still trying to repair the damage to his credit.

Nor are they the latest examples. On April 1, we heard from Kelly of Thousand Oaks, California.

"We have been charged more than $500 for movies we did not order. ... I also got the same response from customer service: 'You must not know what is going on in your home.'"

Outbreak of DirecTV Porn Charges Hits Philadelphia...

Legally Downloadable Movies Come With Heavy Restrictions


Two different coalitions of Hollywood movie studios are introducing legal movie downloads from the Web this month, but the ventures are already being met with stinging criticism for the high cost and heavy restrictions on usage.

A number of major studios, including Warner Brothers, Fox, Universal, and Paramount, will be selling new movie releases through the Movielink Web site. Sony, in addition to participating in the Movielink project, is also partnering with Lions Gate Films to sell movies for download at CinemaNow.

Prices for the Movielink catalog start at $10 for classic movies, while ranging between $20 and $30 for new films. CinemaNow offers rentals for new films starting at $3.99, and older films for $2.99, while purchasing movies permanently will cost buyers between $9.95 and $19.95.

Film lovers are already howling at the prices, which are quite a bit more than the cost of purchasing a regular DVD both from stores and online retailers such as Amazon.com, particularly given that the downloaded films won't include any extras, such as deleted scenes or "Making of" features.

But the prices aren't the only concern. The movies from both offerings will have heavy Digital Rights Management (DRM) software embedded into them to prevent piracy.

The downloaded movies can't be copied to blank DVD's for future use, nor can they be transferred to portable devices such as the iPod. Films from Movielink and CinemaNow will only be playable on special DVD players or the computers they were downloaded to, due to the copy restrictions.

Movielink allows a copy of its downloads to be moved to two other PCs, and users can view them on their televisions if -- and only if -- they have a Windows Media Center PC that's hooked up to the TV set.

Not only that, but both Web sites require the usage of Windows XP and Internet Explorer to download and use the files, making them nearly inaccessible to Apple users, or fans of alternative Web browsers such as Firefox and Opera.

The high pricing and content restrictions were met with derision from observers after the April 3 announcement.

One commenter on the Engadget technology blog said "At $20 to $30 a pop, no copy capability and limitations from hell, this thing is DOA! That's until the hackers find the work around, publish it on the Web and the studios shut it down all together."

The Content Wars

The major movie studios have been targeting piracy with greater fervor in recent years, ever since the Motion Picture Association of America announced it would file lawsuits against people who download movies from file-sharing services in 2004.

It stood to reason that the motion picture industry would start offering downloadable movies for purchase from their own ventures as a reasonable alternative.

Movies have been available for rental via download from Movielink for several years, but the service didn't attract much attention, as its offerings were already available at video stores and for sale for months prior.

Movie studios have also been engaged in tense negotiations with Apple over pricing and rights for movies, particularly since the company has been pushing for its own subscription-based movie service to complement the movie-compatible video iPod it plans to launch later this year.

Where Apple CEO Steve Jobs has insisted on prices for movie downloads to be in range with the cost of downloading songs for the iTunes music player -- starting at 99 cents a pop -- the movie industry is considerably more enamored of a plan that enables them to make larger profits with minimal cost.

Many studio executives are even admitting openly that the Movielink and CinemaNow services are "trial balloons," testing consumer demand to see if they will support the price models for downloadable movie purchases.

Curt Marvis, CinemaNow's CEO, told the Los Angeles Times that the new plan was a "first step" for studios into the realm of digital downloads. Many movie companies are taking a "wait and see" approach to offering for-pay downloads that can be copied onto blank DVD's, especially with the brewing battle between the new Hi-Definition (HD) DVD and Blu-Ray DVD formats.

More cynical observers think that the MovieLink and CinemaNow offerings are so restrictive in order to scare consumers away from the idea of buying movies via download altogether.

Said one commenter at the Ars Technica Web site, "Maybe the industry is trying to gather "evidence" that online distribution doesn't work by launching services no customer in their right mind would use, then presenting the fact that no customers are using them as a lack of demand in general."

There's no question that movie studios, like recording labels, should have the right to earn profit off the sales of content they own. Movie lovers are also willing to accept content restrictions on their films, as long as they aren't damaging to their machines or excessively costly.

But when the Web sales model is not only inferior to other forms of content delivery, such as file-sharing, but costs as much or more than buying a physical DVD, one has to wonder if the movie studios involved with MovieLink and CinemaNow are setting themselves up for a deliberate fall.

Otherwise, if consumer distaste for the plans are any indication, downloadable movie sales from Movielink and CinemaNow will make the grosses for Sharon Stone's recent mega-flop "Basic Instinct 2" look like a box office blockbuster.

Legally Downloadable Movies Come With Heavy Restrictions...

Blockbuster Eliminates Late Fees

Blockbuster says it is eliminating late fees on games and movies as of Jan. 1. The giant movie-rental company portrays it as its gift to the American consumer but skeptics note the change is not without its fine print.

Instead of charging late fees, Blockbuster says that from now on, if customers don't bring a game or movie back on time, they'll be charged the purchase price less any rental fees they've already paid. Or they can return it within 30 days and pay only a "restocking" fee.

"Doing away with late fees is the biggest and most important customer benefit we've ever offered in our company's history," John Antioco, Blockbuster chairman and chief executive, said. "So as of the first of the year, if our customers need an extra day or two with their movies and games, they can take it."

"Blockbuster is a 20th Century business trying to survive for another few minutes while Amazon, TiVo and who knows what else corner the market on home entertainment," said James R. Hood, ConsumerAffairs.com president. "Every Blockbuster store I've been in lately has been deserted."

Meanwhile, Antioco assured Wall Street investors the company has tested the program and found that "increased retail sales" -- including the purchase of overdue movies -- more than make up for the loss of late fees.

Blockbuster has been estimated to make $250 million to $300 million on late fees annually.

The company has more than 4,500 company-operated and participating franchised stores in the U.S.



Blockbuster Eliminates Late Fees...