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October 29, 2007 4:15 PM PDT

Report: NBC wanted a cut of iPod revenue

Posted by Tom Krazit
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I will say this: NBC's Jeff Zucker has got serious stones.

According to a report in the venerable entertainment industry trade rag Variety, Zucker, president and CEO of NBC Universal, asked Apple for a cut of iPod revenue as part of the failed negotiations between the two companies over a contract extension for the right to sell NBC's shows on iTunes. (Thanks, Valleywag.) If that's true, wow.

A source familiar with NBC Universal's negotiations confirmed that the company asked for a slice of iPod revenue but only after Apple refused to budge on variable pricing.

NBC reportedly asked Apple for a cut of iPod revenue during their negotiations over putting shows on iTunes. Fox apparently didn't.

(Credit: CNET Networks)

"Apple sold millions of dollars worth of hardware off the back of our content and made a lot of money," Zucker reportedly told The New Yorker's Ken Auletta during a benefit for former football powerhouse Syracuse University. "They did not want to share in what they were making off the hardware or allow us to adjust pricing."

The content industry has long had a beef with Apple's fixed pricing structure on iTunes. They would prefer to charge more for newer hit shows and less for older programs, but Apple CEO Steve Jobs has been firm on the $1.99 pricing for television shows on iTunes. Now, NBC and Zucker certainly have the right to decide what they want to charge for their content. And it's very early days for online video sales, so you can see how negotiations might have broken down over the pricing.

But seriously, you guys asked Apple for a cut of iPod revenue? Justifying it by claiming that they are making tons of money off your content?

I'm not even sure where to begin. First off, in earlier comments reported by Variety Zucker said that NBC took in only $15 million in revenue through iTunes during the last year of its deal. I'm not exactly sure when that began or ended, but in 2006 NBC Universal did $16 billion in revenue, according to parent company General Electric's annual report. So even if you tripled the amount of money NBC was taking in from iTunes sales a year, that would have only amounted to 0.3 percent of NBC Universal's revenue for the year. By comparison, NBC Universal's theme park business did $100 million in revenue.

So it's not like Apple screwed NBC out of all this revenue they would have otherwise been earning, although the network will get a chance to prove otherwise with the pending launch of its Hulu project and its own NBC Direct site. But that's not really the point.

How much revenue does Sony give NBC when it sells a television? How about Panasonic? Or Sharp? The idea that NBC thought Apple would agree to give them a share of iPod revenue is either the funniest or the most horrifying thing I've ever heard come out of the mouth of an high-profile executive like Zucker.

NBC may or may not need iTunes to distribute its content, and it will be interesting to see if it can build an online distribution model on its own. But does Apple really need NBC's content? I'm sure Apple would like to sell hit shows like Heroes or My Name is Earl on iTunes, but I can't imagine there's a network show good enough on television to justify Apple giving anyone a share of revenue from its crown jewel.

You have to have leverage to demand revenue from a prospective partner, like Apple did with AT&T over the iPhone. And that worked: the iPhone is AT&T's top-selling model, and brought hundreds of thousands of new customers to the carrier. Is Bionic Woman really going to bring thousands of new customers to iTunes?

I would have given anything to have been a fly on the wall when Zucker or one of his lieutenants made that pitch to Apple. Apple immediately retaliated after talks broke down, announcing plans to pull NBC's shows from iTunes before the contract between the two companies ended. They're still offering several shows, perhaps a signal that not all is lost, but I'll promise to watch an entire season of The Singing Bee if Zucker gets a cut of iPod revenue from Apple.

By the way, if you're going to start selling your own shows online, shouldn't you try to get a cut of PC sales from Hewlett-Packard and Dell, while you're at it?

CNET News.com's Greg Sandoval contributed to this report.

Tom Krazit, a staff writer for CNET News, focuses on all things Apple. He has covered traditional PC companies such as Dell and Hewlett-Packard, chip companies such as Intel and Advanced Micro Devices, and mobile computers ranging from Research In Motion's to Palm's. E-mail Tom.
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Add a Comment (Log in or register) 42 comments
Well in THAT case....
by gsmiller88 October 29, 2007 4:41 PM PDT
Dear Taco Bell,

I, being a customer at your fine establishments across the USA
for the past two decades, and purchasing any food items offered
at said establishments regardless of price and/or quality, do
hereby request a 10% commission of all profits made from the
date of this request until the end of forever.

---------------

Man that guy's got some balls. iTunes and the iPod were
successful long before NBC began offering their crap for sale on
the service.
Reply to this comment
How is this continuing?
by planetboom October 29, 2007 4:43 PM PDT
Ok, let's see...

Pull your content from iTunes.
Cancel fantastic shows like Studio 60.
Broadcast ridiculous crap like the Real Wedding Crashers.
Continue to languish in the ratings.

How are these morons not fired yet? Are there any job openings?
I'd love to make incredible amounts of money will repeatedly
screwing up... where do I sign?
Reply to this comment
TVs next?
by MadKiwi October 29, 2007 5:36 PM PDT
Using the logic that appears to be behind that stand we should now expect NBC to be after a cut in profits from TV manufacturers as well.
Reply to this comment
In the same line of thought
by lordeagle October 29, 2007 5:52 PM PDT
Well yeah.

Apple (some) made money thanks to NBC content. So let's give NBC a cut. Now this was possible because of networks and all; so let's give Cisco and the Internet providers a cut. Again this was possible thanks to electricity, so let's give the utility companies a cut!

Seriously, Sucker (oops I meant Zucker), that line of thought is ridiculous.
Reply to this comment
What Balls!
by Mousefinger October 29, 2007 6:10 PM PDT
Holy crap. NBC...what guts guys. How crazy is that?!?
Reply to this comment
about as crazy as apple
by DrtyDogg October 30, 2007 1:33 PM PDT
They get a cut of monthly revenue from AT&T.
View reply
I'm loathe to say this
by GGGlen October 29, 2007 6:28 PM PDT
But has the time come, when we the consumers need to write our
elected officials and ask them *** is going on out there???
HEY, NBClowns, MY iPOD IS FILLED WITH CD'S THAT I BOUGHT
FROM THE STORE.
*** gives YOU the right to TAKE ANY MONEY FROM ME, when I
have ZERO SQUAT ZIP %$@$ of your product on MY player?
Is this something that we need to be writing our State AG's about?
I mean... seriously, these morons need to be slapped down HARD.
Reply to this comment
Zucker is a corporate nightmare
by savvydude October 29, 2007 6:52 PM PDT
Jeff Zucker has destroyed the entire NBC entertainment company
single handedly. And, with the GE honchos giving him more money
and power he will continue in his quest to turn the NBC line-up
into a vapid, left-wing 5th-place disaster. It is so good to see
Steve Jobs cancel all of NBC's offerings on ITunes, because by the
end of this season there will be nothing left to offer anyway.

Zucker must go. But GE seems to be blind to what is happening.
Reply to this comment
Levi's jeans deserve Maytag washer's cut!
by MaLvaDo39 October 29, 2007 7:28 PM PDT
And the million of other examples out there!

Greedy NBC...
Reply to this comment
NBC will never escape Apple's grip
by tundraboy October 29, 2007 9:14 PM PDT
They think Hulu gives them leverage over Apple. Guess again. If people want their video served mobile and they can't download it to their iPods via iTunes, then the solution of course is a mobile internet video device. Guess who'll be making the best one? [Can you say Flash on Safari on iPhone and iPod Touch?]

But this presupposes that people will want to watch Hulu in the first place. The videos are ad-laden and you can watch them only while you're connected to the internet. How does that address the viewing habits of the people who bought videos from iTunes?
Reply to this comment
btw
by DrtyDogg October 30, 2007 1:32 PM PDT
Flash isn't available on the iPhone
View reply
what a load of crap
by moofer October 29, 2007 9:17 PM PDT
Did they get a cut of the sale price of my TV? Or my DVD player?
Did they contribute to the R&D of the iPod? Did they help in the
distribution or marketing? These guys are delusional. I hope they
tank in every possible business. I'm now done buying anything
from NBC Universal.
Reply to this comment
Zucker to the cooker
by Luca Ponti October 29, 2007 10:25 PM PDT
Zucker is making NBC/GE the hot stove for deals. No one likes to
get burned, and bullys are becoming passe. The turd will soon be
third.
Reply to this comment
Very bad typo in title
by Luca Ponti October 29, 2007 11:04 PM PDT
Was supposed to say ZUCKER THE COOKER to imply, as message
says, that he burns those who deal with him. I have asked
moderator to remove when I saw the typo. I had originally typed as
title ZUCKER TO GO? Somehow it blended. I hope the moderator
has removed this unintentional typo which I noted shortly after
reviewing my posts.
This all started with the Zune
by bgulien October 29, 2007 11:44 PM PDT
When those idiots at Microsoft gave $1 to Universal for every sold Zune.
Now they think, they can do that everytime.
Do they get money for every CD or DVD player, because they sold the CD's or DVD's.
Or as a frozen meat company, am I entitled to a cut for every freezer?
Reply to this comment
Yep
by Thrudheim October 30, 2007 6:22 AM PDT
A stupid move from a company with deep pockets that is
desperate to make up for lost time in the area of digital media.

A terrible precedent. The costs get passed on to us. If every
provider of content were able to demand a cut of hardware
sales, we'd be paying a great deal more for hardware even
though we might never play a single show or song from the
companies taking the cut.

Content and hardware have to stay separate for this reason.
Nope
by markdoiron October 30, 2007 8:42 AM PDT
First off, it would appear that Microsoft was pressured by Universal to pay that royalty, not the other way around. Second, it hardly started with the Zune. Read the Audio Home Recording Act of 1992 to learn about the 2% royalty that is paid for hardware sales of digital recording devices and blank media. There are two funds where this money is channeled: The Sound Recording Fund, which receives two-thirds of the money (goes to the recording artist and recording company), and the Musical Works Fund, which receives the remaining money (and which is split evenly between publisher and songwriter).

Further info on the Zune/Universal Deal:
http://daringfireball.net/2006/11/buy_that_for_a_dollar

And the Audio Home Recording Act of 1992:
http://www.howstuffworks.com/framed.htm?parent=music-royalties.htm&url=http://www.virtualrecordings.com/ahra.htm

I wouldn't be surprised if there are examples that pre-date this as well. And, Apple isn't entirely innocent here. After all, they charge to interface after-market hardware to the iPod.

Bottom Line: What comes around goes around. And we poor consumers are stuck in the middle, no matter with whom you might chose to do business.

--mark d.
Is that Zucker one of the Zucker Brothers...
by bgulien October 29, 2007 11:50 PM PDT
Who gave us Airplane and Police Squad and Naked Gun.
Well, if he is one of them, this is a very funny story indeed.
You can expect Leslie Nielsen at any moment now....
Reply to this comment
Thievery & greed
by MacVet October 30, 2007 5:34 AM PDT
NBC needs to get this message LOUD and CLEAR: You have NO right to any money from the iPod-- or ANY OTHER similar device for that matter!

Thanks, Microsoft, for opening this can of worms when you were trying to steal iPod sales with a "scorched earth" policy!

Seriously-- if anything, the media companies should be paying the hardware companies for distributing a **medium** for their content!
Reply to this comment
NBC has no right to EXIST at all.
by CharlesRovira October 30, 2007 8:21 AM PDT
They make their money by controlling access to TRANSMITTERS and screwing:

* producers (the people who actually put the shows together,)
* consumers (the people who want to watch the shows the producers put together) AND
* advertisers, (the people who pony up the cash for access to the process while getting sold on nebulous "audience share" numbers based on the "facts" that people don't have any friggin' lives, families, pets, bladders or colons to distract them.)

NBC and the rest of the broadcasters are entirely UNNECESSARY on the internet.

No wonder they're running around like buggy whip makers after Henry Ford.

They're all going to get KILLED (and the world will go on fine after they're gone.)

They first show that gets to solicit money directly from the audience is going to slaughter them; absolutely slaughter them.
I Want A Cut of the iPod Revenue
by Renegade Knight October 30, 2007 7:15 AM PDT
I also want a cut of the iPod revenue stream but I ain't going to get it. Not unless I buy Apple stock.

If NBC does get a cut they need to bring somethign to the table. Like Free Music via iTunes since they get a cut of the player, they could give up selling the songs. After all the argument for NBC getting a cut is to pay for piracy. All pay for piracy schemes like this only result in revenue for the media company and no forgiveness for the people who are fronting the bill. The RIAA would still sue them.

Money for nothing is extortion.
Reply to this comment
I want a cut of EVERYONE'S REVENUE!!
by mattumanu October 30, 2007 8:59 AM PDT
Since I watch NBC's programing, including their commercials, AND NBC sells their stuff online, AND I watch them all on my iPod (sic), and I supply the iPod through purchasing it in the first place, along with the PC that I pay internet and electric to run, and the disc drive I store my stuff on as well... I respectfully request 5 percent of all revenue generated by the following.

AT&T, HP, Apple, NBC, FPL, Bellsouth, Microsoft, and c|net, accrued annually per month in perpetuity.

I'm off to the Bahamas, send me a check after you sign on the dotted line.

---------------------------
Reply to this comment
Why do you buy a video player?
by Promeee October 30, 2007 10:23 AM PDT
A lot of people seem to be missing the point. NBC wanted
control over the pricing of their content and Apple said "No" so
they allegedly proposed an alternative which Apple had the right
to consider and then apparently chose to turn down.

Now why do iPods sell? Is it because people play music they've
created themselves and publish service television to watch on
them? NBC's point is that if Apple is going to sell a product
marketed towards displaying their content and then is going to
position themselves as the only reasonably convenient legal
retailer of the content (it's a lot easier to rip a CD to MP3 than a
DVD or recorded TV) and then on top of that, is going to hold
monopolistic-like control over the pricing, what do they do if
they aren't happy with the deal that Apple is handing them?

I'm not an NBC defender but as a person who makes their living
off of content creation, I understand NBC's point which is that
more and more in people's minds, the value of content that
costs millions of dollars to make is exactly zero... Or in Apple's
case, $1.99. I can see where an NBC executive might think that
an episode of "Heroes" with an expensive budget to produce
might be worth a little more than an episode of the reality TV
series on MTV, "A Shot at Love with Tila Tequila" - I know that
you won't see the two priced the same in Best Buy when this
year's season comes out on DVD.

On the other hand, it is very easy for Apple who paid absolutely
nothing to produce either one and who has a near monopoly on
the portable video/music market to tell NBC, "you'll sell your top
rated show for the same price as crap reality TV or you won't be
in the mobile market" and it's in Apple's best interest financially
to do this because making the content purchase cheap and
simple (but especially cheap) for iPods makes buying and iPod, a
much more sensible decision in most peoples minds.

I just don't get why NBC who's content includes everything on
NBC, MSNBC, MUN2, Sci Fi, Trio, and the USA Network not
wanting to get royally screwed by Apple till the end of time
makes them money grubbing monsters? This is a business and
in business terms, Apple has never been a nice company. NBC
hasn't either but I don't understand why so many people jump to
Apple's side on issues like this when none of us really know the
whole story and when none of us (unless you are a shareholder)
have ever been given anything from Apple that you didn't pay
through the nose for... Unless you count that $1.99 episode of
The Office that you are watching on your $400 bipod touch. Oh
and why did you spend so much money on a portable media
player with such a nice big screen?.. Umm, yea.


PS - for the record, this has no comparison to TV makers as one
person tried to claim. If RCA made a TV that had a 75% market
share and then was also the only cable provider sending a signal
the TV could understand, they you might have an argument but
last I checked, RCA was just making TVs that work on open
standards - not dictating pricing or how networks broadcast
their shows to them.
Reply to this comment
Some good points made
by drpp55 October 30, 2007 11:42 AM PDT
You are right to say that Apple should not control setting the price,
but I just checked and the DVD price for season one of Heroes is
$40 on Amazon and current episodes are $1.99. If the season has
21 episodes that is less than $1.99 per.
It seems that Apple's pricing model is reasonable and that NBC is
trying to squeeze iPod customers more than thoses that choose
Windows Media devices.
View reply
Ipod is just a video player?
by b9elliott October 30, 2007 2:15 PM PDT
First thing's first, TV from Itunes is not the only use for a video Ipod. Aside from being a picture viewer and music player, if I'm not mistaken I believe the video Ipods play any h.264/mpeg-4 video. Ok, now you stated that NBC wanted control over pricing of their content and Apple said no. That's not really true. Apple said if you want to use our distribution channel (itunes), you have to follow our pricing model. NBC can charge anything they want when they sell their content elsewhere (and they do, vis your point about DVD release). And itunes has no where near a monopoly on downloadable video nor portable video players. They have great market share in both categories, true, but they're certainly not the only option. Why doesn't NBC offer video on their own site? Oh wait, they do already. For free. They could charge whatever they want for downloads there. But they don't because they want Apple's customers and they want to use Apple's infrastructure. So they have to play by Apple's rules. Apple's rules are that songs cost $0.99 and videos/TV episodes cost $1.99. I'm going to flip a couple of your comments around, for the sake of argument: As a person who makes a living building and supporting content distribution systems, I understand Apple's point of view that they've spent a lot of time and money building their distribution channel and customer base, and don't want customers to feel they are being gouged for "premium" content and/or to go elsewhere to find it cheaper. It is easy for NBC, who paid absolutely nothing to build that infrastructure and customer base to act as though those aspects are of little value. But if that were true, why not build/buy their own and charge as much as they want for an episode (that's available free over the air if you're willing to put up with commercials).
View reply
Agree
by SneezingPanda October 31, 2007 9:33 AM PDT
It will hardly make a news if both companies play with respect to each others interest. And that is exactly the point here. Both Apple and NBC are trying to take advantage of their position as the major players on related markets. And each of them is trying to be on top.
Apple's model is fair with regards to the record labels that are just the wholesalers of the music.
But talking about video contents, it would be fair if Apple will reduce his profit margins on the shows proportionally to the show popularity.
OTOH if Apple accepts NBC's conditions, the next thing that happens will be renegotiation with record companies.
Dear Mr. Zucker.
by Penguinisto October 30, 2007 3:47 PM PDT
Ever wonder why your business model is dying? Because of egregiously stupid examples of bad leadership... like this, for instance:

[i]"Apple sold millions of dollars worth of hardware off the back of our content and made a lot of money,"[/i]

Truth is, NBC never charged RCA, Zenith, Curtis Mathis (yes, I'm that old), and the like for a cut of the revenue to broadcast NBC onto them.

In further truth, NBC gets ad revenue for shows played on the iPod screens, no?

In short - you, Sir, are an idiot. A desperate idiot at that. Meanwhile, Fox (whose content is, like yours, mostly pre-packaged lowest-common-denominator crap) continues to outperform you. Go figure.

/P
Reply to this comment
Dam that is too funny
by mpitogo October 30, 2007 4:57 PM PDT
I like their content and would pay for ad free versions but since its
totally free-ATSC signal in HD?I have my HD DVR recording all the
shows. When I view them I use the DVR's 30 second skip feature,
its commercial free!!! (well almost). Then again I do that with all
free content recorded.
Reply to this comment
Would someone explain to me...
by riodejaneiro2007 October 31, 2007 6:19 AM PDT
Why NBC is selling the same content on Amazon.com for the
same price per show? I realize they now have DRM restrictions
(not really) and practically no portable players (well not any good
ones that is). What's the benefit for NBC and their parent
company, GE. Are they getting a cut of the TV, Xbox 360 and HP
that the shows are played on from Amazon? I wonder what
Microsoft, HP and Sony think about that, if true? By the way, the
shows don't play very well Microsoft, NBC and Amazon! iTunes
is a much better product!!!

Zucker sounds like a pompous a** to me.
Reply to this comment
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