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Aereo Signals Path to Survival if Classified as Cable System (WSJ)
Aereo Inc., the online video company that was widely expected to go out of business after losing a high-stakes Supreme Court case in June, signaled Wednesday that it sees a path to survival if it is classified in legal terms as a cable system. Mashable Aereo lost its case before the U.S. Supreme Court because a majority of the justices said its resemblance to a cable company meant it had violated copyright laws. Re/code The video streaming company told a U.S. district court in New York Wednesday it now thinks it’s entitled to be licensed as a cable system because of the Supreme Court’s decision. That would allow the company to stay alive although it would have to pay licensing fees in addition to costs to restart its stalled business. Aereo allowed consumers to watch local TV channels over the Internet for a monthly fee of up to $12 until shutting down its service a few weeks ago after the Supreme Court sided with broadcasters. Capital New York The broadcasters responded with their own argument, calling Aereo’s decision “astonishing.” “Whatever Aereo may say about its rationale for raising it now, it is astonishing for Aereo to contend the Supreme Court’s decision automatically transformed Aereo into a ‘cable system’ under Section 111 given its prior statements to this Court and the Supreme Court,” lawyers for the broadcasters wrote. Deadline Hollywood At issue is whether the District Court will lift a stay that allowed Aereo to remain in business while the case made its way to the Supreme Court. Broadcasters want it lifted so they can collect damages from Aereo’s infringement of their copyrights — a two-year period during which they say they “suffered irreparable harm.” Aereo faces additional hurdles even if the District Court agrees with its view. The FCC also might have to agree to define Aereo as a cable operator for it to qualify for the compulsory license — and it would have to be granted by the U.S. Copyright Office.
Things were pretty quiet at Michael’s today as many of the media mavens, social swans and talking heads were still away in the Hamptons this week. We, not of the summer cottage set, ventured to 55th and Fifth for our lunch with David Zinczenko, who doesn’t have time for a vacation because building a media empire is a 24/7 endeavor. It turned out to be a very fortuitously timed meeting. Between running his own burgeoning media company, Galvanized, helming his own imprint with Random House, Zinc Ink (there’s also Galvanized Books, which publishes branded books from media partners like AMI) and logging plenty of air-time on Good Morning America and other ABC News programs, David is a one-man conglomerate. Oh, in Septemeber he’s also opening another restaurant in Tribeca with his BFF Dan Abrams and Christine Cole.
He brought along Sean Bumgarner, who first worked with David back during his tenure at Rodale and is now Galvanized chief digital officer. The guys arrived at the appointed hour and kept one eye peeled to their iPhones (David also kept his Blackberry close at hand) because, as I soon learned, there were big doings afoot. I knew something was up when David was called away several times duiring lunch for calls that just couldn’t wait. It turned out news of AMI’s $515 million buyout offer from investors that keep David Pecker at the helm broke on the New York Post‘s website that very hour. AMI was among Galvanized’s first clients when David launched in March of last year and since then, much of his time has been devoted to acting as consulting editorial director for the company, which included overseeing the extraordinary successful redesign of Men’s Fitness and expansion of the brand across all platforms. When I asked him for his reaction to the news he told he: ”I’m not surprised. David Pecker remains one of the sharpest minds in the media landscape and among the most savvy CEOs I’ve had the good fortune of meeting. A deal of this nature underscores how under-appreciated his legacy has been. And from first glance, this deal underscores that.”
PRNewser: The Weather Channel has a new reality show titled Fat Guys in The Woods, just in case you were wondering how America is doing.
TVNewser: The Today show anchors threw Savannah Guthrie a baby shower. You weren’t invited because you can’t be trusted around all-you-can-drink mimosas.
GalleyCat: Fun stuff for the kid in all of us — the New York Historical Society’s Madeline-inspired art exhibition is now open.
Yoni Lotan, scheduled to perform at the Upright Citizens Brigade July 10 and 30, has kicked it up a notch. His perfectly timed bit as a FIFA soccer referee running around Times Square and giving passers-by yellow and red cards for various social media and other fouls is gaining media steam.
The best way to frame FishbowlNY’s phone conversation today with Lea Ann Leming, chief content officer of SheKnows (pictured, right), and newly hired editor-in-chief Amy Boshnack (pictured, below) is as follows. The company has been profitable for the past several years and expects a 30% increase in revenue in 2014.
Also worth mentioning is the fact that Cosmopolitan, a magazine where Boshnack served as managing editor from January 2005 to January 2008, has just revamped its website. When asked about the then-print vs. now-Web differences, Boshnack notes the obvious change in the speed of news and feature cycles. Per comScore, SheKnows currently averages around 40 million monthly uniques.
“A big thing for me is making sure the women reading us are having conversations,” Boshnack explains. “Part of what’s being done here is continuing to make sure that articles being published are about things women are talking about. And to feed that through our comments section, social media.”
Even though it flies in the face of any hint that a certain member of sports royalty will be giving FishbowlNY an exclusive interview, we love today’s Bloomberg View headline.
Truly, at this point it seems as likely that LeBron will stay in Miami as it is that he’ll join Al Qaeda. But wait: Apparently there’s a universe in which the possibility of him joining ‘Melo in New York exists. As an unnamed source – is there any other kind? – told the New York Post, Phil Jackson “really wants LeBron to come to New York. That’s his dream right now. Phil is trying to get it done.”
Marcy Bloom is a publishing veteran, having worked at numerous glossies like Self, GQ, Teen People and Lucky. After taking a year off to volunteer abroad, Bloom hit the ground running with her current gig as senior vice president and group publisher of Modern Luxury.
In our latest So What Do You Do column, Bloom talks with Mediabistro managing editor Valerie Berrios about the changing landscape of modern advertising and how she became Condé Nast’s youngest publisher while at Lucky:
One [reason was] putting a lot of pressure on myself. [Having] a lot of amazing mentors, and quite frankly, Condé was such a great experience for me. We loved what we were doing at GQ. I learned a ton from the brand and my bosses there. And when you’re loving what you’re doing it’s easy to grow and work hard, and so with a lot of support from my management and the corporate management — they really put me [in that position at Lucky]. I think if you work hard and your intentions are great and you know what you’re looking to accomplish, people respond.
A couple Revolving Door items for you this afternoon, involving Mashable and Parade Media. Details are below.
- Mashable has added Rebecca Ruiz as a features writer. Ruiz has served as a contributor for Al Jazeera America, The Atlantic, Slate, The Verge, and MSNBC.com and more. She joins Mashable July 14.
- Janet Haire has been hired by Parade Media to manage all ad sales in its Northwestern region. Haire — who most recently was founder of Haire Business Solutions — was a 20 year veteran of Time Inc., having served as integrated sales manager at Time and West Coast manager for Life.
Per Lucia Moses‘ Digiday analysis, the publication has nearly doubled its Facebook halo in the second quarter of 2014. So how did Time during that stretch outpace the likes (pun intended) of BuzzFeed and The Huffington Post?
Moses says it’s complicated. The reporter lists five ways the magazine has managed to up Facebook in 2014 as a source of 16% of all traffic, a sizable increase from the five percent measured in the first half of 2013. And she notes that the gained knowledge is being compiled for future Time Inc. generations:
M. Scott Havens’ team takes a weekly look at what’s working on the site and what’s not, with plans to put those lessons in a handbook to be used across other Time Inc. brands. “We have been a very siloed institution, but we have had some successes, and what I’m trying to do at my perch is spread those rapidly across,” he said.