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This is an editorial by Smithee and a plea for your help in shaping the future of entertainment.

At our house, we enjoy some Hulu programming on occasion. Even though during the recent DVR years I’ve become accustomed to skipping commercials, I don’t mind them on Hulu, for these reasons:

  1. I’ve only seen one per commercial break
  2. They haven’t been suddenly, obnoxiously loud
  3. Hulu is free, and so advertising makes sense

And so far, there’s no ability to skip them. I can deal with that, because in an episode of, say, “Defying Gravity” on Hulu, there are five commercial breaks, for a total of five minutes of Lipitor commercials (at first, every episode would play five of the same Lipitor commercial, it was almost funny). I can accept five minutes. That means about 9.6% of a 43-minute show is an ad. That’s fine, so long as the service is free.

But that is going to change sometime in 2010. Hulu is owned by NewsCorp (who owns roughly half of everything), and they have decided:

It’s time to start getting paid for broadcast content online. I think a free model is a very difficult way to capture the value of our content. I think what we need to do is deliver that content to consumers in a way where they will appreciate the value. Hulu concurs with that, it needs to evolve to have a meaningful subscription model as part of its business

Anything more specific than this decision is just speculation: subscriptions for what, everything? premium channels only? groups of channels? Nobody knows.

What I propose is unacceptable is this: a subscription fee for any user, for any content, so long as the advertising remains part of the experience. In other words: unskippable ads are no problem, subscription fees for any content are no problem, but both together would be a problem.

You and I have a chance right now to help influence and inform Hulu’s decision to go forward with a subscription model, before we let ourselves get duped.

Sadly, we’ve been letting ourselves get duped for a long time.

Newspapers, Cable TV, mobile phones

Newspapers are filled with advertisements, and they also expect you to pay for each copy. The same is true of magazines. In fact you could argue that any fashion magazine is just one huge multi-part advertisement. So, I don’t read them. Oh, I look at the news online all the time, but between my banner-blindness and various browser plugins, it’s not often I see an advertisement.

TV is a different story. TV used to be just like radio: the good parts were ad-supported, and you also had a station that relied on member subscriptions. Cable messed that all up, and we were too busy with the colorful new channels to notice. A cable company would set up shop in your town and tell you all about the dozens of extra options you’d get for $X / month. We were totally psyched to get MTV and Nickelodeon at our house, but it didn’t occur to me until later than since the cable company replaced our over-the-air channels, we were now paying for something that used to be free. Thirteen free somethings, in fact (UHF was admittedly pretty empty).

There’s an argument that in the case of OTA / broadcast channels, what you’re paying the cable company for is consistent quality of signal. I’d be happy to see some proof of that, in the form of a cable company’s accounting spreadsheet. I’m sure that NBC is charging the cable companies regional monopolies a fee to include their programming, and cable is passing that cost on to the customer.

The mobile phone business model just depresses me whenever I think of it. Here’s how a phone worked since the time it was invented: if you called someone, you were expected to pay for it, but if someone called you, it was free. This makes total sense: the phone call recipient didn’t intend to have that conversation, he or she isn’t really responsible. Besides that, this seemed to work very well for decades, and phone companies never changed it. That is, until we were tooling around town with phones in our pockets and cars. Since it was new and fancy, providers decided to invent a different business model: you’d be paying for calls now whether you started it or not.

As far as I know, mobile phone companies have never had to justify this to their customers en masse.

AOL vs. World of Warcraft

Remember those CDs of AOL software? They were everywhere. It seemed like you’d get a new version in your mailbox every three months, especially if you weren’t even a customer. They were free, because AOL’s business model was a monthly fee for access, content, and software upgrades. And AOL did fine for a long time.

Everquest came along and messed that all up, charging both a monthly fee and an upfront fee for the software, and now WoW players suffer the same fate. You’re paying the company twice for the same things they were going to be doing anyway. What is wrong with us? Why do we enable companies to use more than one business model at a time?

Advertising is a replacement for subscriptions

And vice versa: subscriptions are a replacement for advertising. Advertising is one business model, and subscriptions are another. Employing both for the same product is unacceptable.

I’d like to ask for your help now in spreading this message to the managers at Hulu, so they understand the intelligent way to move forward is to either saddle us with a recurring fee and remove the commercials, or leave the commercials in an otherwise free service.

On Hulu’s discussion forum, there are already many threads decrying the decision to start charging. You could try adding your own voice there, or e-mailing feedback@hulu.com. Another less elegant method would be to add an irrelevant comment on one of the entries at the official Hulu blog. In my experience, site owners are more likely to read blog comments than they are discussion forums, but your mileage may vary.

Hulu’s Free Glory Days Are Official Numbered, John Herrman, Gizmodo, Oct. 22 2009

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A week ago I wrote a post called “Is it Ever Okay to Steal Entertainment?”, which produced great comments from our readers, many of whom were clearly incensed that I would ever try to rationalize stealing from content creators. I’ve been thinking about the criticism and understanding that was added to the original article. I wanted to see if I could ever become the person that never even accidentally steals entertainment.

I got the impression from your comments, and correct me if I’m wrong, but a lot of people feel that if I’m enjoying any kind of entertainment, then I should have paid for it first.

The problem, I’ve concluded, is that we all steal. All of us. Not always on purpose, but it happens. Some examples:

The Problem with Having Friends

Your friends want you to enjoy the things they enjoy. I really enjoy the band “Cake”, and I never would’ve been exposed to them if someone hadn’t burned me a copy of “Fashion Nugget” back in 2001. Now, over eight years after that, I still haven’t paid for that album, but I enjoy at least one of those songs at least once a month. I’m willing to admit right here that I “stole” that album. And as a direct result, I paid for three other albums of theirs. So the band “Cake” was down one, then up three. “Cake” profits.

This is true of most of the bands that my friends share with me. Friends know best what you’re likely to enjoy.

The DVR Problem

I don’t think there’s any Cable/Satellite/FiOS TV provider that doesn’t offer a DVR box for their customers. Unless you’re watching a Superbowl-type event, or keeping tabs on a weather event or election, you’re probably skipping commercials. That’s stealing: it breaks the model of “we’ll make shows, you pay us, and we’ll insert ads for your product, and there’s an infinitesimal chance our viewers will buy your product over someone else’s”.

If you have a DVR, and you’re decidedly not skipping commercials out of a noble effort to continue this outdated model, then my hat’s off to you, and also, I don’t believe it.

Not to mention the fact that most of the time, the volume of commercials during the break is set so loud that I feel I’m being screamed at.

The “Album Only” Problem

The list of albums that I can listen to all the way through is about half a page long, double-spaced. Nearly every album contains filler material: stuff that the artists know most people won’t like. For about thirty years, record companies sold single songs, with B-sides, and they did very well. The popularity of the CD somehow brought about a trend for people to buy whole albums.

I bought plenty of albums on CD, and have been disappointed with plenty of songs. That’s not an accident, that’s the record company stealing from me. I’m not saying “two wrongs make a right”. I’m just pointing it out. Apple and the record companies know that people much prefer buying single songs, and not wasting money, so they’re working on a new add-on for people who buy whole albums. We’ll see how that turns out, but at present, I predict it will be a miserable failure.

Entertainment in the 21st Century

I much prefer the Creative Commons approach to releasing entertainment. Since Day One, Jonathan Coulton has made it possible and easy to enjoy his music for free. Just as importantly, he’s made it possible and easy to pay him for the songs you like. His music makes me so happy that I’ve paid for the MP3s, as well as a collector’s set of “Thing a Week” CDs, a DVD, and tickets for three concerts.

I know the system works for him, too, since he recently moved into a bigger house with his wife and children.

A Larger View

I think we’re in between payment models at the moment. I’m seeing a 21st century where people only pay for the things they enjoy. My wife and I are already working on a computer-based system, using content from places like Hulu (which includes ads that you can’t skip, but only a couple minutes’ worth), and I’m looking forward to reporting on it, if I can get the bugs all worked out.

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As a part-time producer of creative works that I think are worth something (though I’m not currently requiring payment for anything), I struggle with the urge to acquire my entertainment media as conveniently, quickly and cheaply as possible. My viewpoints on this have changed over time, especially as my disposable income grew, and I’d like to share with you my current ideas / rationalizations on when it’s okay to steal.

Music you’ve already paid for

Depending on when you were born, you may have bought some of your favorite albums in upwards of five formats: vinyl, 8-track, cassettee, CD, and MP3 (if you lost the CD, or it got too scratchy). I’ve never actually held an 8-track tape, but I’ve owned albums in all the other formats, and I’ve decided I’m not re-buying anything.

When I bought my first CD in 1989, (Faith No More’s “The Real Thing”, which still rocks really hard), the people who produced it had no intention of tracking its sale for more than a couple of years, not to mention that conventional wisdom at the time considered the new Compact Disc format to be practically immortal.

Practical concerns aside, I paid for it once, and music isn’t meant to expire. So, even though the CD itself got lost somewhere along the last twenty years, when I decide I want it back in my music library, I won’t be paying for it. It was already paid for. I’ll just acquire it somewhere.

Shows your location won’t allow you to watch

My wife and I deeply enjoy a few shows that are produced and released by the BBC. We have BBC America, but even the shows that make it over to this country are delayed, usually six months or more, and they’re often edited, censored and shown in standard definition (as opposed to HD).

So I download those shows as soon as they’re available online. This is not the same as downloading, say, “True Blood” without being a subscriber to HBO. I feel a little more justified in yanking “Doctor Who” down to my hard drive because BBC content is produced without regard for sponsors or subscription fees, as we understand them.

Movies and TV from used/rental stores

I’m a little more iffy on this one; sometimes it depends on the quality of the movie, but after a DVD is bought once, the studio got paid as much as they were ever going to. If the DVD then ends up in a used/rental store, I don’t have a moral problem with copying the DVD to my hard drive, and then taking the DVD back to the store.

There’s also the case that I saw the movie when it was new in the theater, and I’ve rented it at least once. In that case, I can’t bring myself to pay for it again, and I’ll just make a digital copy.

Frankly, if it were easier, and a little bit cheaper, to legitimately buy and download (and keep, forever, free of DRM… otherwise it’s leasing, not buying) a movie. I’d probably do that instead of “stealing” it.

The flipside

On the other hand, when a show originates online (e.g. Homestar Runner, Dr. Horrible’s Sing-a-long Blog, Ask a Ninja), I’m more than happy to support the creators by buying DVDs and merchandise. Why? Because they don’t bother me with commercials. They can’t keep making the show without me, and that’s a business model I can get behind.

Your ideas

Do you have similar rules for yourself? I’d love to hear them in the comments.

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I’ve often written here about the disappointing lack of financial education in schools, and it’s this same dearth of vital information that has apparently led to a new special airing on ABC this Friday:

Schools teach us almost everything, but not “Money 101.” For the basics on finance, turn to UN-BROKE: What You Need to Know About Money. It’s an unconventional look at the fundamentals of everyday finance with all the facts about credit cards, mortgages, stocks and bonds, investing and 401(k)’s, in a fresh new format combining information and humor. The one-hour special airs FRIDAY, MAY 29 (9:00-10:00 p.m., ET) on the ABC Television Network.

Here’s an example video of actor/producer Seth Green’s take on the MTV show “Cribs”:

I encourage you and your families to watch the show, as TV networks almost never take time out of their programming schedule to present the kind of information that, while basic, refuses to graduate to “common knowledge.”

Personally, I plan to set the DVR to record it, and then skip the commercials.

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