Industrial scale theft of video services, especially live sport, is in the ascendance. Combating piracy is a formidable challenge, providing a direct threat to profitability for broadcasters and streamers.

Big tech is both friend and foe in solving the piracy problem. Conflicting incentives harm consumer safety by providing easy discovery of illegal pirated services, and reduced friction through low-cost hardware such as the Amazon Firestick.

Over twenty years since launch, the DRM solutions provided by Google and Microsoft are in steep decline. A complete overhaul of the technology architecture, licensing, and support model is needed. Lack of engagement with content owners indicates this a low priority.

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Trump II is already proving to be a more serious threat to an independent, robust news media than Trump I.

Trump’s direct power around news media is limited, but the threat comes from an unprecedented politicisation of federal regulators, enforcement and procurement—to favour friends and punish enemies.

Opposition to Trump II is weaker and more divided than the broad ‘resistance’ to Trump I. Big tech companies are going for a close embrace, hoping to steer policy to their advantage—while others bend the knee to avoid punishment.

Use of publisher content to train AI models is hotly contested. Unacknowledged scraping, licensing deals, and lawsuits all characterise the publisher-AI company relationship.

However, model training is not the whole story. More and more products rely on up-to-date access to content, and some are direct competitors to publisher offerings.

Publishers can’t depend on copyright to deliver them the value of their IP. They need to track which products are catching on with users for licensing deals to make sense for them, and to ensure their own products keep up with the competition.

Big news publishers are pursuing licensing deals with AI companies, chiefly OpenAI. Not all publishers will see a substantial return; while some news may be important for training AI models, not all publisher content will be

Litigation is a threat point when negotiations stall (see the New York Times), but the copyright status of Large Language Models (LLMs) is uncertain. In the UK, there has been no government intervention (on copyright or otherwise) that could facilitate licensing 

Publishers’ bargaining position is strongest when it comes to up-to-date material that could be important in powering some AI consumer products. They should seek deals to support their journalism, while bearing in mind the risk that new products may get between them and their readers

 

Recent developments in AI have ignited a frenzy in the tech world and wider society. Though some predictions are closer to sci-fi, this new phase is a real advance.

We view AI as a ‘supercharger’, boosting productivity of workers. The impact is already being felt across media sectors, including advertising and publishing.

Firms thinking about using AI should assess which tasks can be augmented and what data is required. Be prepared for unpredictable outputs and a changing legal and tech landscape.

The pandemic years boosted many businesses selling services on subscription in the UK: work-from-home gave people more time and money to widen the services they enjoyed in the home, such as gaming, entertainment and music, also boosting engagement with trusted news

The cost-of-living crisis dented the number of subscribers to OTT SVOD and news services in Q2 2022. Broadband and mobile are must-have; bundles of services (e.g. Sky’s pay-TV and broadband or mobile) are more resilient; yearly and multi-year contracts prevent churn relative to monthly contracts; and services that cater to passions (e.g. football) are always need-to-have

Subscription (or supporter) media and news services reaped the demand for trusted news through the pandemic, but now face a tough challenge to their toplines from the economic downturn—and also to transition to a sustainable business model for media audiences, while advertisers are also feeling the heat

Netflix’s decision to launch games as part of the subscription bundle is smart business: rewarding current subscribers, leveraging its IP, and signalling that subscription is the best long-term revenue model in the games space. 

Expect technological innovation to be central to Netflix’s ambitions with games. Netflix will make it easier for different game experiences to occur, and ways to attract external developers will inevitably follow. 

For Disney, Netflix just made the battle for customers more difficult and more expensive.  Disney will need to make hard decisions about how to approach the games business—something it has shown before it finds difficult to do.