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TV Industry Using Piracy As A Measure Of Success

Posted by Zonk on Thu Dec 13, 2007 03:12 PM
from the talking-out-of-both-sides-of-their-face dept.
mrspin writes "Last100 has an interesting post from Guinevere Orvis, a web producer who works in the broadcast industry, who describes the way in which 'unofficial' but sanctioned BitTorrent leaks are being used as a measurement of a TV show's likely success. Orvis writes: 'Broadcasters aren't posting their shows directly on PirateBay yet, but they are talking informally and giving copies of shows to a friend of a friend who is unaffiliated with the company to make a torrent ... it's partially an experiment, but the hope is that distribution of content this way will lead to new viewers that wouldn't have been reached through traditional marketing means.'"
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  • Makes Sense... (Score:5, Interesting)

    by Kozar_The_Malignant (738483) on Thursday December 13 2007, @03:16PM (#21687402)
    How would you feel if you made a product so bad that no one would steal it?
    • How would you feel if you made a product so bad that no one would steal it?

      I could always ask Microsoft, I guess. Their answer seems to be a simultaneous slackening of WGA lock-out behavior with a grand marketing announcement as to how well their anti-piracy efforts are going (50-some-odd-percent, was it?). Not exactly sure how to translate that for the TV industry, though...

      /P

    • Re:Makes Sense... (Score:5, Insightful)

      by big_paul76 (1123489) on Thursday December 13 2007, @03:41PM (#21687790)
      You'd then be in the same boat as commercial radio - they've made a product so crappy that not only will people not use it for free, they'll pay 10-15 bucks a month to use something else.
      • Re:Makes Sense... (Score:5, Insightful)

        by Penguinisto (415985) on Thursday December 13 2007, @04:00PM (#21688090) Journal
        A bit OT, but maybe not...

        Commercial Radio and Commercial TV suffer from the same things: crap scheduling, a lot of crap content with few gems buried among said crap (e.g. the occasional song that plays during "The Morning Zo0!!!11!111" on the radio, or conversely, television jammed to the gills with lame sitcoms and reality shows with the occasional "oh shit that was cool!" show wedged in there)... things like that.

        They both suffer from being packed to the rafters with commercials.

        Now, not all of either industry is like that - for instance, 94.7 FM (in Portland, OR) doesn't do morning "shows" at all - they play music all morning, with a couple of blurbs for "The Jon Stewart Minute" and a short 5-minute episode detailing how an alternative-type band or singer's career came and went. The closest they come to any kind of thing is what they call "The 8 at 8", where they play 8 songs in a row with a common theme... sometimes lame, but sometimes pretty inventive. They keep the commercials to a minimum (less than most, anyway), and even in the evenings on weekdays, the most you see that isn't straight-up music playing is a two-hour-long program of techno/alternative/industrial mixes by local DJ's (most of which aren't half bad).

        Rattled on too long there... sorry. Now by contrast, broadcast commercial TV networks suck as a rule, but occasionally something decent shows on it. Their problem isn't the media format or technical means of delivery - it's the way the medium is being strangled for every last drop of revenue it has, and to the detriment of the folks watching it. I'm not even really talking show content here, which also suffers greatly from this. As a producer, if you've only got 36 minutes to tell a story (or at least some of it) in a full 60-minute slot --not counting time spent on intro and credits-- you tend to drop subtleties and intricacies in a hurry - as a result the show quickly becomes crap unless carefully constructed).

        Little wonder that people are drifting away from television in general, truth be told...

        /P

          • Re:Makes Sense... (Score:5, Insightful)

            by packeteer (566398) <packeteerNO@SPAMsubdimension.com> on Thursday December 13 2007, @04:30PM (#21688652)
            kexp.org

            No commercials, good music, streaming over the internet if you don't live in Seattle.
            • Re:Makes Sense... (Score:5, Insightful)

              by finiteSet (834891) on Thursday December 13 2007, @05:28PM (#21689676)

              kexp.org
              Further, they offer a 1.4Mbps uncompressed stream (they claim to be the first station to do that) and a 14 day archive. There are some really good programs, but even the variety mix is well above average - if you haven't checked it out before I highly recommend it.
                • Re: (Score:3, Informative)

                  Where is the uncompressed stream?
                  Should be accessible via a skinny icon that reads "players/1.4mb" to the right of "Listen Live" (it looks like the "playlist" img). Not sure why they didn't just include it in the list with the other stream options.
          • Re: (Score:3, Informative)

            Which, I suspect, is why the best shows on the air (my personal vote is for "The Wire" and "Dexter") have been HBO/showcase et. al., 1 hour timeslot really means basically 1 hour that way.

            1 hour slots on HBO/Showtime tend to have less than one hour of show in them, by several minutes, though its not as far short of the full hour as on commercial networks. And the filler is in institials at the ends of the time slot, rather than interruptions in the flow of the show.

            • by big_paul76 (1123489) on Thursday December 13 2007, @05:43PM (#21689902)
              Good point, that's true, still not 60 min, but still better than network TV. And the lack of interruptions is very, very nice.

              Personally, I get most of my TV shows (BSG/Dexter/The wire/Sopranos/the office/30 rock) from bittorent. And speaking as somebody who just recently gave up my cable TV, I can't help but wonder if we'd be better off if the whole TV advertising industry went the way of the dodo.

              Nothing's really been proven, but there's been some psych studies that have suggest that the deliberate manipulation of your emotions/unconscious motivations by the advertising industry may not be good for society as a whole. I mean, can it be good for a democracy to have regular doses of messages telling you to not trust your own judgment, and that you'll be happier if you just buy [product X]?

              And that's without even discussing the impact that the huge high cost of TV advertising has on elections. I can't remember where I heard this (or verify it's veracity) but the statistic I heard was that a US senator needs to raise $10,000 a day every day he's in washington to pay for his re-election. So there's definitely a relationship between the high cost of TV advertising and how beholden politicians are to monied interests.
              • by mollymoo (202721) * on Thursday December 13 2007, @06:50PM (#21690874) Journal

                Personally, I get most of my TV shows (BSG/Dexter/The wire/Sopranos/the office/30 rock) from bittorent. And speaking as somebody who just recently gave up my cable TV, I can't help but wonder if we'd be better off if the whole TV advertising industry went the way of the dodo.

                Your opinion is based on a perverted perspective - you're getting the stuff for free by doing something illegal and immoral. Not everybody can take the route of downloading TV from bittorrent because then nobody would be paying for the shows to be made so no shows would be made. If you want a real taste of an advertising-free world then buy the DVDs. OK, DVD is only a not-very-heavily-advertised-on medium, but it's the closest we've got.

                • Re: (Score:3, Interesting)

                  That would of course be based upon the idea that we actually require even more crap commercial content. Now if you ascribe to the idea, that enough crap commercial content has already been produced and that we do not want or need any more, then of course by your reasoning copyright serves no purpose.

                  So your idea does present an interesting perspective and a sound reason for ending copyright. So no more copyright and no more drunken drugged up minstrals, no more media executives demanding BJs in limos, sub

                  • Re: (Score:3, Informative)

                    Actually, what you're doing is illegal. After reading your Copyright Law, it expressly permits private copying of sound recordings only, so downloading TV and movies off BitTorrent could still get you in a whole lot of trouble.

                    Reference: your own damn law [justice.gc.ca]
    • The North American Anime distribution companies have been using Bittorrent distribution of fansubs to tell how popular new shows are for years now. The thing is, is that it works very well. The popularity of the fan subbed version either means that there is a strong niche/cult following, or that it will have strong widespread popularity.
  • I thought the whole industry was supposed to be on hold while they figured their union shit out. I do wonder if they'll have to start importing british shows to fill the dead air that's left when they've rerun every episode of friends and sex in the city.
    • Re: (Score:2, Interesting)

      I'm wondering why independent shows haven't started popping up and gaining in popularity over the internet. Talk about the perfect opportunity to change how TV is produced and delivered while the majors are down and out.
      • Re: (Score:3, Informative)

        Well, there are some, just look at the sort of things that popup on youtube from time to time. Every now and then there will be something independent that makes a splash on the internet, but there are a number of barriers to mass popularity. The most important is probably one of advertising. Without at the very minimum a central channel or resource to promote the show people simple won't know about it. Relying entirely on word of mouth a show can still be popular, but it won't get the kinds of numbers most
      • Re: (Score:3, Interesting)

        I would love to see some better TV out there but I get the feeling that WGA writers are not to blame for shitty TV. A lot of the shows that I like such as the Daily show, House, Family guy and the Simpsons are down from the WGA strike but other shitty shows are still up and running. It seems like WGA writers make for better TV not worse.

        The list of hurting shows [wikipedia.org]
    • What, and have programs that are actually good? No, no, we can't have that now can we?
    • Most of the scripted shows have only started going into reruns over the past week or two as they've run out of already filmed shows. The networks also have several episodes of shows slated to be midseason replacements that are also already in the can. Some of them may even trot out shows that were originally rejected in order to fill time. Most (all?) of the networks also have a selection of reality shows that have no writers (or at least not any union writers) ready to go on the air. So basically, the
  • Cost of Piracy (Score:5, Insightful)

    by kaoshin (110328) on Thursday December 13 2007, @03:17PM (#21687418)
    Since piracy statistics are being used to help with marketing and increase profits, is this a measureable reduction to the actual cost piracy has on the industry?
    • Re: (Score:3, Interesting)

      Since piracy statistics are being used to help with marketing and increase profits, is this a measureable reduction to the actual cost piracy has on the industry?

      As far as I've heard, TV companies haven't been so vicious at hunting down pirates. Not as bad as the movie companies, and certainly not as bad as the RIAA.

      It's probably that their product goes out free to all anyway - ad-supported, sure, but there's no revenue coming in directly from people watching the show. A heavily pirated show is clearly

  • What they call 'Piracy' will continue to rise - there is no point at which it will retract. I wonder if they have added into their estimations the accelerating growth of this piracy they are measuring.

    Which brings me to something that I've been wondering about for a while; how would the entertainment industry survive if there was theoretically no way to protect their intellectual property from open and free distribution. How would they handle a world where there was no legal route to enforcing a royalty-style or licensed payment system?

    Because it is my thoughts that as our world further connects itself together that this is exactly what will happen in the (no so distant?) future.

    At least in the technological sense, the legal sense is difficult to gauge, though I hope the legal system will suffer a major overhaul in the coming decades.
    • by Enoxice (993945) on Thursday December 13 2007, @03:30PM (#21687644) Journal
      A total overhaul of the legal system? Do you have any idea how much work that is? Rethinking our morals as a species, and now lots of "new" technology comes under consideration, opposing views and interests, etc...

      As much as I'd like to see that, I feel like society as a whole is far too lazy to do more than talk about such things until there is some major shift in society that makes them realize that laws and government aren't perpetual and tend to lose power as society revokes it.

      Sadly, I feel like over the years people have come to trust the government and almost think of it as a given in the natural order of things.
    • What they call 'Piracy' will continue to rise
      Well at least the Global Warming Problem [venganza.org] will be solved...
    • by MightyYar (622222) on Thursday December 13 2007, @03:42PM (#21687810)

      How would they handle a world where there was no legal route to enforcing a royalty-style or licensed payment system?
      People will pay for convenience. I know I've hit the "Buy" button on iTunes more than once because it wasn't worth the effort to look for something on P2P or usenet. I occasionally hit Blockbuster rather than wait for a movie to download. Movies would likely still have some exclusivity because of their theater run. Money can still be made from music through commercial licensing and live shows.

      People will pay for an "exclusive". If they offered a pay download of the "Sopranos" finale, you can bet that people would rush to buy it - not willing to wait for it to be uploaded to the P2P sites.

      Ads can be intertwined more with the content. People probably wouldn't bother editing out all the scene where Ross in a future "Friends" style show is constantly holding a Pepsi or has dialog talking about how sweet Chandler's new Chevy is. It might be difficult to work in laundry detergent ads into soap operas, so I guess they'll have to wait until the writers call off the strike.

      Finally, I don't think that YouTube and its ilk would suck so much if it wasn't essentially competing with mainstream TV and movies. I mean, there would still be mountains of crap, but there might also be more fun stuff on there. Even as it is, I can kill a lot of time just browsing around.

      One thing is for certain - society would go on... this stuff just isn't that important. :)
    • Re: (Score:3, Insightful)

      Treat the internet like public airwaves.

      "Transmit" unencumbered official versions of shows from network
      websites with all of the add still intact just as if you had
      captured it yourself with MythTV or MCE.

      Most lazy people won't bother to remove the ads.

      These are the same people that own Tivos or cable provider PVRs
      and don't bother to set them up.

      Make it easier to get their version. Make the pirate networks redundant.

  • by cashman73 (855518) on Thursday December 13 2007, @03:21PM (#21687490) Journal
    Many television networks are putting many of their popular shows online now, for free. All the major networks: CBS, ABC, NBC, Fox -- are all putting full episode content on their websites now. Even Sci-Fi is starting to do it, although they don't have too many shows with full episodes up (but a. they're owned by NBC, who is getting into the online distribution format quite rapidly and b. they're probably realizing that a good number of their shows are popular with geeks that know how to share their shows via bittorrent quite readily). I wouldn't be surprised if a few more networks, like Comedy Central, get into the action. I think what's happening is that the corporations that run the networks have seen how a site like Youtube has practically sprouted up overnight, and they're seeing this as a way to reach out to more people (and thereby increase their advertising streams and revenue).
    • Having shows available free online is great. The still-missing component, however, is a way to view online shows (be it from youtube, nbc.com, whomever) on your TV, at your convenience. I just can't believe tivo isn't all over this.
    • I wouldn't be surprised if a few more networks, like Comedy Central, get into the action. I think what's happening is that the corporations that run the networks have seen how a site like Youtube has practically sprouted up overnight, and they're seeing this as a way to reach out to more people (and thereby increase their advertising streams and revenue).

      Comedy Central recently added the entire library of The Daily Show with Jon Stewart to their website. This is a tremendous amount of content that you
      • Watch it on Veoh TV's [www.veoh.tv] software. You get the full episode here, but you're using other software to pull the episodes, not the network's own software, so it only gets the initial ad at the beginning and not the other ads throughout the show,... ;-)
  • I don't get it (Score:4, Insightful)

    by snl2587 (1177409) on Thursday December 13 2007, @03:22PM (#21687500)
    If possession of pre-release material is a felony, then why would a TV exec condone this? So downloading is ok if it helps make the companies money? Am I the only one that sees something fundamentally wrong with this?
    • Re:I don't get it (Score:5, Insightful)

      by boyfaceddog (788041) on Thursday December 13 2007, @03:47PM (#21687922) Journal
      Yes, downloading is okay if it makes the company money. Remember that anyone with a television can 'download' the 'streaming content' from the 'providers' for free any time they want to. They can even 'timeshift' the broadcast to watch it later. The problem was never that the broadcasters were afraid of this technology it was that they were afraid of what this technology would do to traditional broadcasting. Now that the ship is sinking the raft doesn't look so bad.
  • This story is terribly redolent of this instance [torrentfreak.com] of an independent film producer receiving a tonne of publicity (and sales) for his film because it was widely pirated.

    Personally, I never saw the problem with the piracy of TV shows: a large proportion of those who watch them, assuming they like them, will probably watch the original broadcast or the next episode when it's aired anyway. It's a different matter for large-scale, large-budget Hollywood films, but in instances like these, I think that this is a m

  • Leaked pilots (Score:4, Informative)

    by hansamurai (907719) <hansamurai@gmail.com> on Thursday December 13 2007, @03:22PM (#21687508) Homepage Journal
    Many new shows this year were leaked weeks and months before their pilot aired, undoubtedly creating early talk about the shows that they wouldn't get otherwise.

    I watched a few and they helped me make decisions, half of the Geico Cavemen pilot was enough forever, and the Sarah Connor Chronicles pilot renewed my interest in the Terminator series and I'm totally pumped for the show this January or February.
    • Many new shows this year were leaked weeks and months before their pilot aired, undoubtedly creating early talk about the shows that they wouldn't get otherwise.

      Why do you think Sci-Fi released their two minute mini-episodes, both on air and on the web, throughout the fall season? They're trying to create that buzz themselves, and get people to watch Razor and the next season in the spring,...

  • by teklob (650327) on Thursday December 13 2007, @03:22PM (#21687510)
    And then if the show doesn't take off, they can always recoup their losses by suing the pirate...
  • I know I saw House M.D steadily increase in seeds over the course of the first two seasons, and I'm pretty certain the same thing happened with Heroes last season.

    It's not too bad a benchmark, I mean, if something is popular people are gonna want it. So they should see increased viewership and piracy as something gets popular. Which is kinda "duh" when you think about it.
    • Re:Not surprised... (Score:5, Interesting)

      by Opportunist (166417) on Thursday December 13 2007, @03:54PM (#21688010)
      Actually if it wasn't for torrents, I would have never been hooked on House. I have a fairly well set aversion against doc shows. I somehow can't stomach the usual tear squeezing and heart-rending stories of someone dying (or not dying so someone else has to or what not), and generally I don't feel for the patient.

      Now finally there's a doc who shares my feelings. Quite refreshing!

      I saw the show at a friend's who got a few episodes from torrents. So now I'm sitting every week for an hour in front of the TV watching. That's one viewer more they wouldn't have without that torrent existing, or at the very least it would have taken me a lot longer to find out that I do actually want to see this medical show.
  • by Seakip18 (1106315) on Thursday December 13 2007, @03:25PM (#21687568) Journal
    For network TV, I fail how to see this as piracy. With an antenna and DVR, I can record it and replay without their express permission. So if someone else does it for me, is it still pirating? I'm gonna watch the show with my DVR or a torrent version from someone else, but the end result is the same. I watch the show.

    This is exactly how I got hooked on Jericho. I watched the series after it got canceled. I really liked it and ending up watching it again with my friends, who, in turn enjoyed it. Now, we're waiting for the show in mid-January. With HD recording software of course.
  • I, for one... (Score:4, Interesting)

    by radarsat1 (786772) on Thursday December 13 2007, @03:26PM (#21687576) Homepage
    I, for one, can attest that I've definitely discovered a few new shows by simply checking the list of most-seeded torrents on some web site.

    I've also discovered that it's not always an indication of quality. :)
  • Umm... (Score:3, Insightful)

    by StarvingSE (875139) on Thursday December 13 2007, @03:28PM (#21687596)
    Ok, so what if I, Joe Pirate, go and download the latest episode of Lost from the pirate bay and subsequently get sued for copyright infringement. What if this episode was something that was leaked "unofficially" by the studio. Since it is done under the radar, the mafiaa officials won't know the difference. They're basically baiting you.

    It's like putting a diamond ring on a park bench, hiding in the bushes, and then calling the police when someone picks it up.
  • sicko (Score:3, Informative)

    by hajus (990255) on Thursday December 13 2007, @03:33PM (#21687668)
    I remember many people thought Michael Moore's "Sicko" movie was released on BitTorrent on purpose.
  • This is why the record labels decided to go after Napster to begin with. If the songs are available for free download all the "albums" containing one hit and 9 filler songs got split into pieces. Everyone got the hit and ignored the ballast.

    The P2P sharing shows immediately what people want, and allowing that would force the record labels to produce high-quality music rather than mediocre one that can be forced down the customer's throats (ears ?). And high-quality music is a lot harder to come by than the
  • by sakusha (441986) on Thursday December 13 2007, @03:34PM (#21687696)
    I know that the IP owners watch piracy to see what's hot. I noticed this a long time ago on usenet in a few .mp3 subgenres. Some extremely rare audio tracks that were not in print and only available in very old, extremely limited editions on vinyl were restored by certain (ahem) users. They were immensely popular, were constantly reposted, and basically became the only copies available in any media. The studios apparently noticed the popularity of these tracks, and the vinyl LPs were suddenly released on CD. I've seen this happen numerous times. They watch to see what the collectors consider worth investing their time in audio restoration, what the users consider worth collecting, and then they see money and rerelease the product from their vaults.
  • by Optikschmoptik (971793) on Thursday December 13 2007, @03:36PM (#21687724) Homepage

    Because you can pick it up, unencrypted, right out of the radio spectrum just about anywhere. People have been stealing television content for years, with equipment kits you can buy at most garage sales.

    Some content providers have started to insert commercials both as a deterrent against stealing content, and as a way to recoup the massive losses. Advanced piracy tools already have hacked this system, with things like a 'mute' button.

    I oppose the mute button on moral grounds. Also, I am miserable.

  • That's how I got into Stargate Atlantis. You have to be kidding me if you think I'm going to pay for cable for 8 shows. Now I can get it (legally) on iTunes, and I do. Bonus, goes to the ipod automatically(for travel watching, etc.. hooks into my portable screen). There should be more shows on services like this, and more solutions like itunes/ipod(zune comes to mind, so does amazon unbox).
  • Works for me! (Score:3, Interesting)

    by misleb (129952) on Thursday December 13 2007, @03:48PM (#21687932)
    I download all my TV shows from Bittorrent. I don't even have cable. Why should I? If I'm just going to Tivo/MythTV the shows and skip commercials anyway, why not cut out the cable-TV middle-man?

    Though I think it may have had the opposite long term effect on my viewing. I don't see ads for new shows so I don't hear about them like I used to. I only have like 4 shows that I watch regularly and if they were ever canceled, chances are that I would simply watch less. So downloading shows and skipping commercials has weened me off of television on the whole.

    Doesn't bode well for the producers. They have to balance between the number of people who might, like me, just give up on broadcast television and those who'll use Bittorrent only to sample shows and then switch to regular TV. I suspect that more people will begin to see what a ripoff cable/satelite TV is and switch to "piracy" in the long term.

  • Makes sense (Score:3, Interesting)

    by Orp (6583) on Thursday December 13 2007, @04:09PM (#21688270) Homepage
    While your demographic might be a bit different than the General TV Watching Demographic, this is an obvious, free, and valuable way to determine popularity, probably as good as the Nielsons, and mabye slightly less useful than Tivo data (since they can, as I understand, know whether you actually played, and ostensibly watched, the show using Tivo data).

    If it weren't for the advertiser-driven model that we currently have, the bittorrent "content delivery system" would be nothing but positive for the industry. What they need to do is make high definition, high quality video files available for download for a reasonable fee, and remove all ads (or at least make that an option). I'd say the removal of commercials is the second most valuable aspect of getting shows off the Internet compared to the tuning in at 8PM (the first being able to watch it when I feel like it, something about as novel as the VCR).

    File sharing can't be stopped. Well it could, but it would involve stopping the Internet, and rather large economies would collapse if that happened. The writer's strike is all about writers getting revenue from "new media" and I have to say, I think they have a point since it's pretty clear that before long the boundary what is TV (coming over cable) and what is being delivered by the Internet (which, in my house, comes over cable already) will be less and less distinct.
    • Re: (Score:3, Interesting)

      1-2 days? That sounds seriously lagged. Either there are serious bandwidth issues with the seeders, or you aren't using the correct site. It isn't uncommon to see pre-air releases and pilots on Usenet/torrent sites, so sometimes you get it well before it is broadcast. You also have the advantage of getting it from any market, and sometimes (but rarely) schedules in other countries (Canada and Australia come to mind), will lead to releases even a few hours early.

      After air in the east coast, I expect it to be