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February 19, 2008 11:02 AM PST

Blu-ray victory means royalties, royalties, royalties

by Michael Kanellos

Forget about customer satisfaction or superiority of image quality. The real issue in the war between Blu-ray and HD DVD was about royalties.

With the competition gone, the Blu-ray consortium now has the opportunity to persuade PC makers and consumer electronics makers to adopt Blu-ray drives as their optical drives of choice. It will also get studios and disc makers to deliver Blu-ray discs to consumers. And every time one of those drives or discs leaves a factory, the Blu-ray Disc Association will get a royalty.

The numbers add up quickly. Look at DVD, for example. To make a DVD player legally, manufacturers recently had to pay around $4 per player or drive, according to some estimates. A few years ago, those fees were around $15 to $20. Fees get paid every time a DVD drive gets included in a PC. Nearly every PC in the world has a DVD drive these days and roughly 250 million PCs get shipped every year. Companies that legally make DVD discs also pay fees. The DVD6C licensing group dropped the per disc fee in January to 4 cents per disc. Years ago, it was 7.5 cents per disc. Then there are verification fees.

The royalties, in fact, led to what Chinese leaders call the "DVD mistake," said Zhisheng Niu, vice dean of the school of information sciences at Tsinghua University, in an interview with CNET News.com last year. Because of intense competition, many Chinese companies have lost money, or just broke even, on selling DVD players. The people that have made money, he added, were the patent holders. Chinese manufacturers often got around the licensing issues problem by making illegal players. (The DVD Forum eliminated the royalty for DVD players made and sold in China for a few years, but a lot of those systems ended up overseas.)

The royalties are one of the prime reasons China has pushed for its own optical standard.

"We have to develop our own standards so that we can have our own industry," said Niu. "We have a big DVD industry, but we are probably losing money. The market is big enough so that we can have our own industry."

Now, remember. Niu isn't some pirate off the street. He's one of the chief academics at China's leading university. That gives you a gauge on the feelings there.

The same went for CDs. Philips got about 1.8 cents per CD disc while Sony got about 1.2 cents per disc, according to analysts estimates. When some of the patents expired in 2001, Philips said its royalty revenue would drop by about $42 million. Collecting royalties is a great business.

The Blu-ray camp will likely move more cautiously than the DVD Forum in granting licenses to player and disc manufacturers, said Richard Doherty, principal analyst at the Envisioneering Group, adding that one of the reasons that the studios liked Blu-ray over HD DVD was it is probably easier to set up a pirate HD DVD shop.

Gartner analyst Van Baker, however, said he doesn't believe that Blu-ray will be as lucrative as DVD. For one thing, Blu-ray will have to compete against digital download services, which could prove popular with consumers. Second, the studios have been knocking down the royalty rates.

"This is what a lot of the negotiations were about," Baker said. "My suspicion is that this is not going to be as good as it was for DVD."

We don't know the royalty standards from Blu-ray. The consortium hasn't been aggressive about collecting them yet, but it will likely move into action once the industry gets moving.

The royalties will be split among several players, said Doherty.

Blu-ray has a lot of grandfathers. A lot of people call it a Sony standard but by our estimates Sony doesn't even have 30 percent of the IP," Doherty said. The top four intellectual property holders are likely Sony, Panasonic, Pioneer, and Warner.

Royalties were one of the primary reasons that it took so long to get manufacturers to come out with players that could handle both HD DVD and Blu-ray discs. Manufacturers with dual-format players have to license technology from both camps, which boosts costs.

"There are so many players. There is a lot of intellectual that went into this, and companies like Philips and Toshiba and Sony will all look for a return on investment," Rudy Provoost, the then-CEO of Philips Electronics told News.com in 2006. "That is what makes it a challenging debate. It's like the CD days. Everybody looks for a fair reward."

When a combo player did come out, it ended up being more expensive than buying separate Blu-ray and HD DVD players.

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Add a Comment (Log in or register) (77 Comments)
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Consumer products should use open and royalty-free technology
by sismoc February 19, 2008 12:19 PM PST
There should be no royalties paid or licenses needed to make a consumer device for playback of pre-recorded media. Consumers should be able to choose from any manufacturer and not just the ones who are "licensed" by the MPAA and it's co-conspirators. This is why there is no legal open source DVD playback software. Can't make a DVD player without royalties.
Reply to this comment
Go ahead...
by daftkey February 19, 2008 12:54 PM PST
I'm glad you've volunteered your time and money to this great R&D project. Now remember, you need to come up with the entire spec from start to end without using something that's already owned by another creator.

Let me know when I can expect the specifications so that I can start producing players and discs without paying you.
View reply
and fairies should come out of the sky...
by samkass February 19, 2008 1:05 PM PST
... and make discs out of magical dust which is bonded together by love and happiness. Everyone should be able to dance in circles all day while fruit blossoms from the ground and fresh spring water flows by to heals all wounds and ills, and everyone should live happily ever after.
View all 3 replies
You go first
by sanenazok February 19, 2008 1:14 PM PST
It's not the MPAA that holds the licenses, it's the hardware manufacturers.

If you don't like it, don't buy it. If you want to dictate what should happen to inventions then invent something yourself. You can help the Chinese make their own Disc technology, I'm sure it'll be as almost as good as the Chinese made CPU's (http://en.wikipedia.org/wiki/Loongson).

So in any event, go out and create something, then put in the public domain. Don't tell others what to do until then.
View reply
Everything should be free!
by cameronjpu February 19, 2008 1:26 PM PST
Ever wonder if that includes the fruits of your own labor my friend?
View all 2 replies
Broadband
by ethana2 February 19, 2008 3:49 PM PST
And until they do just what you said, they won't quickly change my mind. Death to optical drives. Long live the internet.
...any way it has to happen.

Although these days I mostly just boycott evil companies. Magnatune and Jamendo for my music, and public domain books for my movies, using my brain's internal renderer. I may consider buying a copy of peach however... just not on a non-free medium.
View reply
So design an HD DVD yourself
by TogetherinParis February 19, 2008 7:11 PM PST
Good grief! Everybody doesn't just have to have a fancy DVD
player. You can go without. Or design a player yourself and give it
away like you want Sony et al. to do! Cool stuff doesn't come out of
the air, you know.
If we listened to people like you we'd still be stuck with papyrus
scrolls.
Lord of the Rings comming soon
by wildchild_plasma_gyro February 19, 2008 12:41 PM PST
With these royalties i think the Backers ahould be looking down 2 avenus of thought.

A. how to make for a good adaption over to larger Densities in the market.

B. An Encouragement program to convince More Movie Makers to consider making some more longer movies like Lord of the Rings.
Reply to this comment
and prices going up...?
by gerrrg February 19, 2008 12:50 PM PST
There's no format war - we know prices were being forced artificially down by competition - should we expect a rise in movie disk prices?

Or has the consumer already spoken and will force prices to remain at current levels?

hmmm.
Reply to this comment
probably not...
by samkass February 19, 2008 1:02 PM PST
Now the the format war is over, a lot more people will be buying, and economies of scale will drive down prices across the supply line. In addition, I expect the former HD DVD hardware manufacturers to start producing some cheap Blu-ray players soon. And considering all the exclusive deals, most movie prices weren't really affected by the format war-- except the war between HD discs and regular DVD discs.
"Forced artificially down by competition"
by cameronjpu February 19, 2008 1:25 PM PST
What an interesting way to put it. Do you work for Sony? ;)
Prices should remain the same or go down
by krosavcheg February 19, 2008 2:19 PM PST
The true format war is just now starting, it's Blue-Ray vs DVD and DVD right now has a huge price advantage. They say you don't see any advantage on Blue-Ray until you reach the 50" monitors right now so everyone with a smaller than 50" TV isn't going to get much improvement over DVD by going to Blue-Ray.

The minor skirmish over which format the HD disks will take is now over but the real war is just getting started.
HD DVD CAN SUPPLY CHINA!
by sommer182 February 19, 2008 1:02 PM PST
Maybe Toshiba can sign a deal in China to be their single source optical standard? Like the professor said, it's a heck of a big market!

And then I can buy all the cheap HD-DVD's I want from the number one knock-off experts in the world!
Reply to this comment
knock-offs
by djkouza February 19, 2008 10:07 PM PST
Your right on there... and we wonder why they need all the royalties
1. they spend lots of money developing the technology
2. then china steals it and makes knock-offs
3. we buy the cheap knock-off then get pissed it doesn't work just right
EVD
by JadedGamer February 20, 2008 3:34 AM PST
China developed their own optical media standard for two reaons:

1) avoiding royalties tied to patents (DVD and the HD variants)
2) control what was published - Chinese media censorship is officially quite prudish, ref. the recent ban on horror movies
With AppleTV, does it matter anymore?
by Gomer37 February 19, 2008 1:13 PM PST
If I can rent high def movies for about $4.00, why would Blu-Ray
even matter?

Who watches movies more than once anyway?

HD-DVD vs. Blu-Ray?

irrelevant.
Reply to this comment
Who watches movies more than once?
by sommer182 February 19, 2008 1:22 PM PST
Anyone else seen "Star Wars" more than once? How about "Lord of The Rings?" The "Godfather" or "Scarface", anyone? How about "Titanic?" Yeah, the vast majority of movies aren't worth being viewed more than once, but there are exceptions to ever rule.

And $4.00 for a rental is WAY to high, considering you can BUY a DVD (a decent movie, to boot) for $5.00. I pay $1.50 for new release DVD's at my rental shop, and that is as high as I will go.
View reply
fooled by apple
by srikanth_janga February 19, 2008 1:52 PM PST
wow,

you pay $4 for every hidef rental???? you should try netflix with a bluray player. you'll know what i am talking about.
How "hi" is Apple-TVs Hi-Def?
by daftkey February 19, 2008 2:01 PM PST
Could it be that there's a bit of flexibility in what people call "Hi Definition"? Could bit rate really make that much of a difference (among other things)? I don't know, ask the MP3 crowd.

I think we'll find there's still a reason that Blu-Ray movies require a 50-or-so GB disc and yet you can stream "hi-def" movies to the Apple TV over a regular broadband internet connection in real time.
Duh?
by Mergatroid Mania February 19, 2008 4:13 PM PST
I have over 300 DVDs in my collection, and I have likely watched each one at least 10 times (more for the better ones, less for the crappy ones).

At your $4.00 per rental, that would've been $40 per movie.

I know quite a few people that watch movies in their collections more than once.

You really are a Gomer eh?
View reply
Things I Find Surprising
by open-mind February 19, 2008 1:52 PM PST
I'm surprised that Toshiba is giving up so easily and quickly. I expected things to drag on a bit longer ... more like Beta/VHS.

I'm surprised that the entire HD-DVD ecosystem collapsed so quickly and easily. Just two months ago it looked fine, at least from a distance. But after one key card fell over, the whole house-of-cards came tumbling down very quickly.

Lastly, I'm surprised that I haven't read much-if-any ******** from people that invested in this movie/player platform that is now dead and mostly worthless.

Toshiba seems like the captain of a ship that they designed, then convinced passengers to ride on. Now they see it headed for the rocks, so they're just ignoring their passengers and diving for the lifeboats. I'm kind of expecting a class action lawsuit.
Reply to this comment
Not so Surprising
by sommer182 February 19, 2008 2:20 PM PST
Part of Toshiba's problem is not enough people invested, but they wisely bided their time. I did purchase an HD-DVD player, but it wasn't strictly to watch HD movies. I needed a new DVD player that upscaled to hook up to my newer LCD, and for $99.00 at Wal-Mart the HD-A2 was a great buy. I do not view it as worthless at all, since it's primary mission of playing standard def DVD's will still be accomplished. I have ten HD-DVD movies, five of which were free with the system. Of the five I purchase, only one is a HD-DVD only movie. The rest I can play on any DVD player in the world. So all I fell I am out on is one $14.99 copy of "The Italian Job." I'm actually considering buying a few of the newer releases in the coming weeks as they will surely go on clearance. As long as they are dual format releases like "The Kingdom", who cares if the HD-A2 dies in five years? I can still play the movie on a regular DVD player.
View reply
Wrong
by MrTroy03 February 19, 2008 6:02 PM PST
You can not sure a manufacturer for discontinuing a product. The products they did buy will still be under the 1 year (or however long) warranty on the unit.

This is why a lot of people did not purchase either yet, one set of people are getting screwed. It had to be.

The lawsuit would be thrown out.
Maybe you weren't paying attention?
by ewelch February 19, 2008 7:42 PM PST
All through 2007 Blu-ray outsold HD-DVD 2:1. It was pretty
clear to me who was going to win. I bought my Blu-ray player
last June and am enjoying the win even more now.

Not that I don't feel for HD-DVD supporters. I supported OS/2
when it competed with WIndows. I know what it's like to back a
losing proposition. This time it was obvious to me and anyone
else who wasn't already committed to HD-DVD and skewing the
facts to fit the way they bet.

There is no way HD-DVD had a chance. Warner was the last nail
in the coffin. Not the first slip as you seem to think.

Not that there weren't reasons to think HD-DVD might pull it off
if things really got strange. But they didn't.
View all 2 replies
Royalties: Microsoft wins
by Baboo 2008 February 19, 2008 2:14 PM PST
As both HD-DVD and Blu-ray uses Microsoft VC-1 codec (a.k.a. VC9 or Windows Media 9), Microsoft wins too..
Reply to this comment
Microsoft and Sony
by sommer182 February 19, 2008 2:28 PM PST
Wow, hadn't thought of that. BOTH Microsoft and Sony are behind this mess in a way. Sony manipulated the stand along manufacturers into backing one format, along with the studios, when all they really cared about is the gaming segment. And I'm willing to bet that Microsoft didn't care one way or the other, since they are hell bent on pushing downloads and broadband HD Video on us when most of the country doesn't have access yet. If Microsoft had put an HD-DVD drive into the 360...wow. This whole thing could have dragged on for years, physical format discs wuold linger for another decade and...wow. The light bulb goes off, the conspiracy becomes apparent!
h.264
by samkass February 19, 2008 7:08 PM PST
Actually, Blu-ray encourages the use of h.264/AAC, which is pretty
much identical in quality per bitrate. It was HD DVD that
encouraged VC-1. Although both formats supported both codecs
(as well as MPEG2), Microsoft's backing of HD DVD made VC-1
unpopular on Blu-ray.
Yeah right.
by pugster February 19, 2008 3:07 PM PST
Unfortunately, companies make these 'standards' so that they can make royalities out from them. You ever figure out why SD memory cost less than Sony's memory stick?

Toshiba could've lowered its license fees and convienced the drive, hd-dvd, and disc manufacturers to make stuff cheap, flooding the market with an obvious choice to replace dvd-r with hd-dvd-rs. But instead they got greedy, want big license fees for anything made for hd-dvd-rs.
Reply to this comment
Can't we just get cheap USB Flash drives?
by Mergatroid Mania February 19, 2008 4:20 PM PST
I don't understand why more effort isn't being put into getting those flash drives cheaper.

Wouldn't it be nice to walk into Walmart and buy a movie on a USB (or simular) drive and go home and plug it right into the TV? No DVD or Blueray player required at all.

We just need to get them down in price far enough. And you could have different sizes for different extras. Charge more for additional content.

I love the part about no dvd player required....
Reply to this comment
Cheaper flash drives
by alegr February 19, 2008 5:06 PM PST
A few years ago $100 would only give you like 128MB. Now you can have 16 GB for that much.
Forget USB drives. Look at SD-type cards.
by paulej February 19, 2008 5:22 PM PST
These newer disc technologies can store 50MB or more. One cannot get that kind of capacity from a USB drive (yet). Once we do, though, I think that these technologies will start to converge.

CDs are physically GIGANTIC compared to an SD card. Personally, I'd much rather carry around small SD-sized devices than either USB drives or CDs. The slim design makes them very portable and, based on the super-tiny size of the Micro SD card, I suspect there is room in the plastic casing to increase the storage capacities. What are the physical limits? Anybody?

Anyway, I definite agree that CDs ought to disappear "real soon now." It really is about time that they get replaced with more modern technology. I've seen the 8" Disk cone and go, then the 5 1/4", then the 3 1/2" disk. Amazingly, the CD has hung in there, but only because they serve extremely well in the delivery of physical media that has the property of being read-only.

If the industry can work together to create an SD-type of device that can accept small cards that are either read/write or read-only, they would definitely be a challenger to those giant 12cm CDs.
Megalomania
by alegr February 19, 2008 5:03 PM PST
I were told a million times already: don't exaggerate.

300 DVDs (90 minutes average?) 10 times is 4500 hours. Assuming that you count 10 years, this is 450 hours per year, or 9 hours per week. You're watching them quite a lot, do you?
Reply to this comment
great now Sony can keep the prices high.
by ferretboy88 February 19, 2008 5:21 PM PST
Screw sony.
Reply to this comment
did you fail economics
by epiccollision February 19, 2008 6:28 PM PST
the reason the prices stayed so high for so long was the consumer holdback/confusion....the volumes weren't there with the fence sitters waiting for a winner...now with a clear winner volumes will increases dramatically thus making the economy of the players scale much better and the price will plummet
View all 2 replies
Samsung, Pioneer...
by JadedGamer February 20, 2008 3:26 AM PST
Thn buy from one of the many other Blu-ray manufacturers.

HD-DVD however was always Toshiba's baby.
Idiot
by MrTroy03 February 19, 2008 6:05 PM PST
If you invented something why wouldn't you want to get paid for it?

If you invent a tool, it gets patented and copyrighted, and people buy it from your company, you can lease the technology to other companies if you want, and get a royalty for each one they make.

Same thing with Blu-Ray, VHS or DVD technology. If you invent it, it is damn fine to have other companies pay you to use the thing YOU invented!
Reply to this comment
Oh Yeah, God Forbid . . .
by psychosmurf February 20, 2008 3:15 PM PST
. . . anyone do anything to simply better mankind. Let's put a price tag on everything. Why not? We pay $2000 dollars for medically necessary procedures that cost 1/100 of that to actually perform because of patents and copyrights. Why wouldn't we charge and be willing to pay for something as stupid as this?

Your 'Atlas Shrugged' mentality is old and tired.
View reply
Won't be caught dead...
by AlexRiedel February 19, 2008 6:07 PM PST
...buying anything Blue-Ray. Country codes suck and I won't have anything to do with something that Sony has a hand in. Rootkit comes to mind. No thank you. Apple TV, here I come. Download is the way to go.
Reply to this comment
better dump your CDs...
by kevin.talbot February 19, 2008 7:33 PM PST
If you don't want to have anything to do with what Sony has a hand in, better dump all your CDs and CD players. Sony and Philips were the key co-inventors of the CD format.

But I'd give Sony a break - they just recently decided to drop their horrible DRM system and sell non-DRM MP3s. And their recent portable MP3 players also now play non-DRM.

If you REALLY want to hate someone, how about Apple? They now control nearly 45% of all online music sales in the marketplace and they have a proprietary DRM that they will license to NOBODY. That really sucks and seems very anti-competive.
Reply to this comment
yes apple is "evil"
by djkouza February 19, 2008 10:18 PM PST
No not really, but they are employing many tactics that Microsoft is always being criticized for. But IMHO they are worse. iPods suck compared to some of the other players Sandisk.... etc.. but they are the "cool kids" it's trendy to have apple technology.
"A rootkit with your drive, sir?"
by SacramentoRob February 20, 2008 7:58 AM PST
Has Sony added any rootkit payloads to their blu-ray drives yet? Gotta love it when the scoundrels are in the driver's seat....
Reply to this comment
Don't know, don't care.
by Penguinisto February 20, 2008 4:16 PM PST
it's a benefit to having secure operating systems running software and drivers that I trust... something that decidedly cannot be said for Windows ;)

/P
View reply
Why didn't they get good contracts during the war?
by www.hdgreetings.com February 20, 2008 9:39 AM PST
Maybe I'm missing something, but when Sony and Toshiba we're doing anything to woo people to the standard shouldn't companies have been using that chance to negotiate low royalty rates?
Reply to this comment
Royalties from Xbox
by t8 February 20, 2008 12:57 PM PST
Imagine Microsoft having to pay Sony to ship a Blue-ray DVD player with Xbox.

That makes Sony the ultimate winner if they get revenue from every Xbox with HD capability.
Reply to this comment
That could bite Sony in the a$$
by bodine465 February 21, 2008 2:33 PM PST
One of the main things pushing sales of the PS3 is the inclusion of the Blu-ray player. If MS were to include a Blu-ray player in every Xbox 360, at around the same price as the PS3, which would you rather buy? A high end gaming machine that plays Blu-ray video, but has a mediocre game selection, or a high end gaming machine that plays Blu-ray video, and has an extensive game base. That could cause PS3 sale to plummet.
Bluray wins = consumer lost
by rslc February 21, 2008 8:59 AM PST
1) Bluray has higher royalty than HD-DVD
2) And Windows Vista includes HD-DVD support.

Now Bluray wins = consumer lost all.
No thanks to Hollywood studios.

And I bet Sony pays them to support bluray,
since Sony can collect more royalties.
Reply to this comment
Only with music videos
by dcarlos02 February 22, 2008 11:26 PM PST
musiktag.eu
Royalties come when DVDs are worth seeing. Which are more popular - musical comedies or horror movies?
Reply to this comment
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