Seth Gilbert, 03-2-2009
The Gibson Les Paul is an icon. Bob Marley was entombed in a mausoleum with his. Duane Allman used one. Slash, the Edge, Mick Jones, Jimmy Page, Keith Richards, Neil Young, Paul McCartney – some of the biggest names in Rock have played it. It’s no surprise, given that, that Activision licensed the guitar’s likeness (and Gibson’s brand) to give game players an axe to shred for the Guitar Hero game franchise. What was a surprise was that Gibson turned on its partner of three years with patent infringement claim last year.
Showing teeth that seemed to come out of nowhere, Gibson said Activision’s Guitar Hero franchise, and eventually, all things guitar-gaming (Gibson also sued EA, MTV Networks, Harmonix and major retailers selling Guitar Hero or Rock Band games), infringed on its prior invention.
From the start, Gibson’s claims looked weak.
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Seth Gilbert,
Monday, several stories seizing on a blog post from Gawker Media’s Kotaku suggested struggling Midway Games might be in the process of selling off its Mortal Kombat game franchise. Several of the articles (on the basis of part of the story, as well) also went so far as to attack the company for pursuing a key-personnel incentive plan at the same time the bankrupt company appears to be cutting back payouts to laid off staff.
The stories’ paint a grim picture of the company’s practices and it’s easy to jump in the chorus of castigation. Unfortunately, headlines sometimes oversell their news story and news stories sometimes under emphasize all of the facts. Here, however questionable some of what’s happening at Midway may (or may not ) be, review of the company’s bankruptcy filings, which are embedded or linked to below, shows the situation is more complicated and far less definitive than many of the reports suggested.
First and most importantly, contrary to suggestion, the Incentive Plan (which provides for $3,775,000 to be set aside to pay incentives to up to 29 employees on the completion of three milestones) is not active. While endorsed by the company, it has not been approved and set in place. Money hasn’t been “set aside.” Midway provided the Bankruptcy Court with a copy of the plan as a proposal on February 23rd (see embedded file below) and requested creditors voice their objections (if any) by March 3rd. A hearing was tentatively scheduled for March 10th. At this point, there’s no guarantee creditors will agree to the plan as written (or at all), or that the Bankruptcy Court will approve its implementation.
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Seth Gilbert, 02-27-2009
In a February 2007 interview for the PBS series CEO Exchange (PDF) Sony’s CEO Sir Howard Stringer said one of the first jobs he had to do at Sony was “reach out and get people to collaborate with each other.” Sony was too vertically integrated, he said. He had to break up the vertical “silos” to better serve the increasingly digital world. It’s two years removed from those remarks but Stringer is finally getting some of the changes he sought.
Following Yahoo’s restructuring announcement yesterday, Sony announced a major reorganization of its own today. Effective April 1st, there will be two new business groups and a reworked organization chart.
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Seth Gilbert, 02-26-2009
Incoming CEOs invariably build their own teams, it’s just a matter of time. John Riccitiello did some housekeeping when he rejoined Electronic Arts, and Carol Bartz was certain to do it at Yahoo. Thursday, after six weeks of “being in student mode” and “slowly getting smarter about what makes [the] place tick,” she announced her sweeping changes.
CFO Blake Jorgensen is out. He’s tendered his resignation but will stay on until a replacement is found.
CTO Ari Balogh will keep his title and also take the added moniker of EVP of Products. In the combined roll, he will be at the helm of a newly created “Products” group responsible for all of the “vision, strategy, and quality of every product [Yahoo creates] regardless of region, device format or category.”
Programming, partnerships and sales will be handled by two groups, distinguished by region. The North American side will fall to the charge of Hilary Schneider, EVP, North American Region. Among her tasks, the onetime CEO of Knight Ridder Digital and Red Herring will also oversee Yahoo’s global mobile initiatives. (David Ko, working under Schneider, will be the lead for Yahoo’s mobile business, strategy and monetization teams. He’ll replace a departing Marco Boerries). The International Group’s head is yet to be determined.
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Seth Gilbert, 02-25-2009
A year removed from vanquishing HD DVD, Blu-ray DVDs are finally getting some retail respect. At least, so says a forecast from market research firm FutureSource Consulting. The UK based firm released a prediction (PDF) this week saying consumers will buy more than 100m high definition Blu-ray discs across the U.S., Western Europe and Japan in 2009. The company expects 80 million units to sell in the U.S. alone.
A large part of the growth is attributed to decreasing prices for both Blu-ray hardware and the discs themselves. Another lesser reason, FutureSource explains, was preparatory overproduction in 2008. To “fill the channel” and “enable retailers to build their in-store displays,” the industry produced more than 200m discs in 2008 despite only selling 36m. Retailers are now ready for a more aggressive sales push.
Blu-ray “has moved from early adopter phase through to early majority” in the U.S., said Mai Hoang, a sr. analyst at FutureSource. The company predicts by 2012, 50% of U.S. DVD sales will be Blu-ray.
Some critics are skeptical of these near term numbers. They think the economy – both by pinching consumer spending and by restraining the funds available for big budget movie production – will slow Blu-ray’s adoption.
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Seth Gilbert, 02-24-2009
Long before the word frenemy hit the buzzword bingo board, the proverb of complex relations was “the enemy of my enemy is my friend.” In the increasingly tangled melting pot that is online media and advertising, the sentiment is as true now as ever. Today, competitors are often cooperative colleagues at the same time. Proof: rivals Fox (News Corp) and NBC/Universal jointly developed popular web video portal Hulu despite otherwise battling each other for prime time TV audiences. More proof: Microsoft is drawing competitors together to guide the development of its newest ad management tool, Pub Center.
Using the Interactive Advertising Bureau’s annual meeting as a launching platform, Microsoft announced a Publisher Leadership Council on Monday. The group joins together rivals including Dow Jones Online and the New York Times, as well as Time Inc., Viacom and IAC/Interactive. Normally, these companies compete aggressively with each other for ad dollars and audiences online.
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Seth Gilbert, 02-23-2009
As the President, COO and number two executive at News Corp for the last twelve years, Peter Chernin has long been counted among the most powerful men in the media industry but his position has always had a footnote. Unlike other executives in similar roles, outsiders have rarely considered Chernin a likely candidate to ascend to the company’s CEO throne. The honor of one day leading News Corp, though ultimately a board decision, has generally been assumed reserved for one of Rupert Murdoch’s sons. This lack of upward mobility has fueled consistent rumors about Chernin’s eventual departure. Today, they’re now fact.
Reports are confirmed that when Chernin’s five year old employment contract expires June 30th, it won’t be renewed. Both Chernin and Murdoch have issued memos to staff making the announcement. (The letters are reprinted below in their entirety as is the company’s description of his employment agreement).
Chernin joined News Corp in 1989. After heading up Fox Broadcasting and Twentieth Century Fox, he became President and COO in 1996.
After twenty years at the company, Chernin characterized his decision as a difficult one saying ultimately that he’s “ready for new entrepreneurial challenges.”
Murdoch in a long memo to staff (see below) acknowledged Chernin’s service and hinted a management restructuring will likely follow to streamline reporting between the company’s LA based businesses (Fox) and the rest of its operations. Calling Chernin a “close colleague and an ally,” and deeming his contributions “immeasurable,” Murdoch said “now is also an ideal opportunity to streamline and enhance many of the corporate and administrative functions of the business.”
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