As technology changes and the uses of media evolve into unforeseen territories, questions about legal feasibility and permissible behavior invariable arise.  It’s a battle that often pits content owners against content distributors.  It’s issues of fair usage, of reasonable protection and questions about levels of professional responsibility. 

What can be shown?
What can be copied?
How much effort does a company have to make to police customer behavior? 
What are “reasonable” standards?

It’s the courts’ unenviable job to interpret the often vague, and complex, nuance of law written before the very innovations in question were even contemplated.  It’s their job to figure it all out.

Slowly but surely, judges are working through the process. (more…)

It’s the “back to school” shopping season not the holiday period, still Nintendo’s seen enough.  With a slightly stronger dollar improving exchange rates and continuously impressive demand for both the Wii and DS (not to mention software), the Kyoto based game company upgraded their annual profit forecast by 23% Friday.

Wii sales forecasts have been notched up to 26.5m units (from 25m) for the fiscal year ending in March 2009.  Forecasts for the DS portable have been pushed to 30.5m units, up from estimates of 28m.

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Starting in July and continuing into August, there’s been rampant speculation about possible new versions of Amazon’s popular Kindle e-book reader. SeatlePI (The Seattle Post Intelligencer) cited McAdams Wright Ragen analyst Tim Bueneman who said “there are already several new, improved versions of the Kindle in the works.”  Tech Crunch sister site Crunch Gear cited an insider who claimed two new models were due before year end. Thursday, it was time for part of those rumors to die.  

Amazon’s spokesman Craig Berman told the New York Times in an interview there won’t be a holiday Kindle release.  (more…)

Sometimes scandal lingers just below the surface.  Dig a little, or a lot, and you can uncover a trove of sordid detail.  Other times, no matter how much you dig, there’s just no news.  No matter how hard you look, even behind the specter of impropriety, there’s nothing to report. 

Late Tuesday, the Wall Street Journal ran a story looking into tips about alleged fiduciary failures at venture firm Insight Venture Partners (IVP).  At first glance, it had all the makings of real trouble: an anonymous tipster, a substantial return on investment, and an apparent conflict of interest too.  On closer inspection, however, looks are deceiving.

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Today just about anyone with the interest and a computer can label themselves a journalist.  In the news media, the barriers of entry have fallen to a level of insignificance.  Barriers to success are another thing altogether.  Building and maintaining an audience and drawing consistent ad revenue are substantial tasks, especially in a weakened advertising economy.  It’s an up and down process that requires constant attention.  Even the biggest brands aren’t immune from the struggles.  The New York Times proved that Tuesday with July results that showed weakness not just in print where it was expected, but surprisingly online too.

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Two companies addressing two different aspects of the online video marketplace – live content interactivity and broader, high quality video distribution – both announced financing news Monday.  For San Mateo based Conviva, it was a $20m Series B Financing.  For Utah based Move Networks, it was news that Microsoft was joining prior Series C investors with an undisclosed strategic investment.

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Dating back to February, Electronic Arts and Take Two were pitted against each other in a very public corporate takeover battle.  For months, the companies issued dueling press releases and went back and forth in SEC filings.  On August 18 that process ended.  Electronic Arts announced they were allowing their Tender Offer to expire.  In reply, Take Two invited the formerly hostile suitor to review documents on a possible path toward a friendly merger. 

Today, the companies filed one last document.  An 8K announcing they’d entered into a new material agreement – one assuring confidentiality in all their future discussions.

The update from the comanies s there will be no more updates. From here on in, and for the near term foreseeable future, the rollercoaster ride of back and forth press releases is officially closed. Silence will be golden.  (more…)