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11 - 15 September 2020
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YouTube TV has struck a deal to deliver HBO and Cinemax content to its members, as well as HBO Max when it launches later this year.
In an existing distribution deal, Google-owned YouTube TV already offers WarnerMedia’s portfolio of entertainment, sports and news networks, but the expanded carriage deal adds HBO and Cinemax content for the first time.
This includes WarnerMedia’s upcoming direct-to-consumer service HBO Max which is set to debut in May, ensuring YouTube TV customers will have direct access to the new service.
WarnerMedia Distribution president Rich Warren said: “As consumers’ media consumption habits continually evolve and the landscape becomes more and more dynamic, our goal remains constant, and that is to make the portfolio of WarnerMedia networks available as widely as possible.
“YouTube has been a valued partner for a number of years, and we’re pleased to not only extend our existing agreement but also make HBO and Cinemax - and soon HBO Max - available to YouTube TV customers for the first time.”
WarnerMedia’s TBS, TNT, truTV, CNN, HLN, Turner Classic Movies, Adult Swim and Cartoon Network have been available to YouTube TV customers since 2018 and will continue to be available on the service.
Titles including Game of Thrones, Big Little Lies and The Sopranos will be available alongside upcoming HBO releases such as My Brilliant Friend and High Maintenance.
YouTube TV which is a subscription streaming service that offers both live and on-demand TV from more than 70 networks across genres and available on multiple devices the membership comes with free unlimited cloud DVR storage to record TV series and films as well as personalised recommendations.
The deal highlights the importance of technology platforms and traditional media services deals to gain scale and market reach.
As consumers expect to access content anywhere, anytime, they’re looking for aggregation and ease of navigation.
YouTube TV global head of partnerships Lori Conkling said: “Our commitment at YouTube TV is to deliver TV to our members how and when they want it.
“We are thrilled to continue our partnership with WarnerMedia to deliver their family of networks that are popular among our members, as well as introduce HBO, Cinemax and HBO Max to our growing line-up of premium content.”
Members of The Motion Picture Association, excluding Netflix, have backed Oracle in a Supreme Court hearing in the US over a computer code dispute.
The studios group - which includes the likes of Universal Pictures, Paramount Pictures, Walt Disney Studios, Warner Bros. and Sony Pictures - is in support of the case, arguing that software is “inherently different” than the IP of film and TV programmes.
The case was brought against Google for allegedly infringing computer code to build Android operating systems that is currently used in more than 2.5 billion mobile devices, with those for arguing that Google can’t defend the theft of code as “transformative” fair use.
All but one member of the Motion Picture Association filed arguments in support of Oracle, with the exception being Netflix who joined the MPA just over a year ago.
The case, which has been dubbed the “Copyright Case of the Century”, will be seen in the Supreme Court on 24 March, according to a report from the Hollywood Reporter, which cited some legal observers who have declared this case the most important in the history of copyright disputes.
Oracle is the owner of Java - a programming platform used to create apps for messaging, navigation, news and social media. It is open for use by developers with a hierarchy Java application programming interface (API) including “declaring code” and “implementing code.”
Google used Java more than a decade ago to build Android using what was reported as more than 11,000 lines of code while it rewrote aspects of the software performing tasks.
In Google’s court statement, the company claims it “wrote millions of new computer code” and admitting it reused isolated instructions of copyrighted work from Oracle.
“The instructions create an interface connecting the operating system to commands in applications written by software developers,” it said.
Google said declarations are like labels to identify something, while Oracle argued declarations are like topic sentences and implementing code is the same as lifting a body of text to use.
Oracle is seeking $9 billion worth of damages from Google reusing its declared code on the basis that Java’s intricate organisation will make interoperability difficult to achieve without a license.
According to the movie studios: “Unlike purely expressive works, software, by definition, has a functional component that makes it inherently different.
“Applying the concept of transformation to partially non-expressive works like software is like trying to put the proverbial square peg into a round hole: transformation, with its focus on new expression, meaning, or message, assumes an effect on human thought or emotion; in contrast, software, in significant part, operates independently of such human thought and emotion.”
It added that Google’s approach “lacks any precedent and is inapt” based on Google pointing to its “innovative” product rather than defending its use of “transformative” code.
The MPA pointed to the “harmful consequences” across the creative industries if this matter was not resolved.
“In today’s era of rapid changes in technologies and business models, potential markets can and do quickly become actual markets,” stated the movie studios, represented by Robert Rotstein, Eleanor Lackman and other attorneys at Mitchell Silberberg & Knupp.
“As a means of encouraging copyright owners to create and disseminate new works in new ways, the Copyright Act protects copyright owners’ rights to develop those new markets. To dismiss harm to such potential markets in the fourth-factor analysis contravenes the purposes of copyright law.”
MPA was joined by the Association of American Publishers, Journalism law professors and the News Media Alliance, as well as Dolby Laboratories who said it spent $240 million last year on technology.
Dolby said: “Stripping technology companies of the historical copyright afforded such works would undermine the entire industry’s incentive structure.”
As its pay-TV subscribers decline, ViacomCBS is reversing compensation through retransmission, betting on its subscriber growth and “maximising the power of our content,” says Bob Bakish CEO.
The global media and entertainment company reported its Q4 and full year 2019 results today with a significant strategic update announced to include an improved streaming service as well as a flexible content model to monetise across owned and third-part platforms.
In a statement the company confirmed it will capitalise on these strengths which also includes its global production capabilities and its library of premium film and TV titles, “to service the largest address audience and in the process, expand the value of that content for more people, more partners and more platforms.”
ViacomCBS president and chief executive Bob Bakish said: “In less than three months since completing our merger, we have made significant progress integrating and transforming ViacomCBS.
“We see incredible opportunity to realise the full power of our position as one of the largest content producers and providers in the world. This is an exciting and valuable place to be at a time when demand for content has never been higher, and we will use our strength across genres, formats, demos and geographies to serve the largest addressable audience, on our own platforms and others.”
He said its first step is to focus on increasing the value of content, IP and franchises across its portfolio and ” applying more rigour to managing our content mix, investment and returns.”
Read more ViacomCBS overhauls management structure
It will prioritise content investment in streaming and studio production which are two of the company’s growth areas while aiming to optimise programming variety to improve content ROI.
It is also looking to drive growth across distribution, ad sales, content licensing and third-party studio production while it will accelerate its foray into the streaming world.
“Take a different approach” that will look to build on ViacomCBS’ streaming foundation as well as complementing the company’s free Pluto TV and premium Showtime OTT services by adding a broader pay offering that will build on the foundation of CBS All Access.
Pluto TV is a leading free streaming TV service in the US with over 22 million monthly active users as well as in pay streaming with more than 11 million subscribers.
The service will expand on CBS All Access which currently costs $5.99 per month with ads or $9.99 without. By adding the company’s scaled assets in film and TV through live and on-demand experience for its global audience base the new service could see a price rise under what the firm described as its “House of Brands.”
The company stated its go-to market strategy “includes partnerships with both traditional and new distributors, domestically and internationally,” which Bakish outlined was already in place at Showtime, which will air a special season of VH1’s RuPaul’s Drag Race All Stars on a first-window basis.
He said: “A move we think will help drive Showtime subscriber growth and further strengthen the return on investment in this franchise.”
Bakish did not reveal more specific information but the service plans to have a soft launch later this year.
Read more ViacomCBS set to unveil updated streaming service
Overall, its full year revenue increased 8% with growth across each of the segment’s main revenue lines, however its fourth quarter declined 1%.
Bakish added: “In 2020, our priorities are maximizing the power of our content, unlocking more value from our biggest revenue lines and accelerating our momentum in streaming.
“With this as a backdrop, we’ve set clear targets for the year and are providing increased transparency around our business to demonstrate ViacomCBS’ ability to create shareholder value today, as we continue evolving and growing our business for tomorrow.”
In January, ViacomCBS announced a renewed carriage agreement with Comcast, including retransmission of 23 CBS-owned TV stations in 15 major markets across the US. As part of the agreement, CBS All Access will be available on Xfinity X1 and Flex platforms.
Read more ViacomCBS poaches NBC’s George Cheeks
With Brexit negotiations underway, Google has confirmed it will shift the data and user accounts of its British users from the EU to the US, eliminating privacy protections put in place by European regulators.
The move has been prompted by Britain’s exit from the EU earlier this year which has resulted in tens of millions of Google users facing significantly less protection to their personal data.
Three people familiar with the matter spoke to Reuters confirming that Google “intends to require its British users to acknowledge new terms of service including a new jurisdiction.”
In a statement, Google said: “Nothing about our services or our approach to privacy will change, including how we collect or process data, and how we respond to law enforcement demands for users’ information.
“The protections of the UK GDPR will still apply to these users.”
Read more Google fined for £44m for GDPR breach
Google has decided to move its British users out of Irish jurisdiction, which is where its headquarters are based, because it is unclear whether Britain will follow GDPR or adopt other rules that could affect the handling of user data, the sources said.
Ireland will remain in the EU and also has one of the world’s most aggressive data protection rules.
However, if British Google users have their data kept in Ireland, it would be more difficult for British authorities to recover it in criminal investigations.
Britain and the US are reportedly on track to negotiate a broader trade agreement which would allow British authorities to access data from the US in an easier fashion.
Although what is more concerning for users is the US’s weaker privacy protection methods with no broader legal protections despite advocacy by consumer protection groups over the years.
Read more Digital piracy costs US economy $30bn annually
Google declined to make comment ahead of a formal announcement.
Google former lead for global privacy technology Lea Kissner told Reuters: “There’s a bunch of noise about the UK government possibly trading away enough data protection to lose adequacy under GDPR, at which point having them in Google Ireland’s scope sounds super-messy.
“Never discount the desire of tech companies not be caught in between two different governments.”
Facebook also has a similar set up to Google may also face a similar decision to Google in its data-sharing agreements.
Read more Facebook to pay Reuters for fact-checking initiative
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