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news analysis An Internet game of chicken is being played by entertainment heavyweights Apple and NBC Universal, and the first round likely goes to Apple.
NBC Universal landed the first blow on Thursday night when someone leaked to The New York Times that the media conglomerate was refusing to renew its contract to offer downloads of TV shows via iTunes.
NBC never said that it would pull out of iTunes, but only that it was dissatisfied with the financial terms Apple offered. Then Apple raised the stakes by announcing it would not offer NBC's shows for the upcoming TV season and alleged that NBC Universal was asking for a price hike that would have required Apple to raise retail prices from $1.99 to $4.99.
When it comes to public relations battles, Apple is a devastating counter-puncher. The revelation about NBC Universal's demands is almost certain to rally consumers around Apple. To them, it appears that Jeff Zucker, NBC Universal's CEO, wants to stick his hands deeper into their pockets and Steve Jobs is protecting them.
But the long-term significance of the split between the two companies has more to do with control. This could be the start of a much wider struggle between Apple and the entertainment sector over who dictates prices at iTunes. The people who create music, movies and TV shows appear determined to push Apple off its pricing strategy.
Just ask Chris Castle, an intellectual property lawyer who once represented the original Napster but now owns his own music label.
"I think there is a general perception in the industry that we need to get tough with Apple and break the lock they have on the consumer market," Castle said. "I think what's happening is that there is a general gestalt of 'Apple is a pain in the (butt) so let's help some other companies out. Let's do something to build up a retailer other than Apple.'"
Earlier this year, Universal Music announced that it would not renew a long-term contract to sell music via iTunes. Instead, the company opted for a series of short-term contracts. Universal is believed to have lobbied Apple for varying pricing levels.
Many in the music industry, including music publishers and performers, want Apple to be more flexible with pricing instead of locking the industry into a 99-cent rate for each song.
In video, NBC Universal, owned by General Electric, appears to be among the first to challenge Apple over pricing, even while downloads of TV shows and movies make up only a sliver of Apple's revenue.
Apple needs to have access to a wide range of content to keep iPod owners interested in their devices. Apple's iPod succeeds mainly because of iTunes; its simplicity, low prices and quality content. What happens if Apple lost access to the best music and TV shows?
"As long as Apple wants to sell TV shows and films, it's in their interest to offer as many content providers as they can," said Susan Kevorkian, an analyst with IDC.
To do that, Apple has to appease studios and record labels without alienating customers.
Allen Weiner, an analyst with Gartner wrote on his blog: "Apple must face the fact that charging flat rates for television programs of varying lengths and vintage will not resonate with an industry for which advertising is its lifeblood."
But the risks involved with bucking Apple are great. Apple has sold more than 100 million iPods. The iPod makes up more than 70 percent of the overall mobile player market. How long can NBC Universal go without access to iPod owners?
Even with the company's other distributors, such as AOL and its soon-to-launch Hulu site, which NBC Universal built in partnership with News Corp., Apple still represents one of Internet's largest video distributors.
NBC has to know that the concept of watching TV and movies downloaded from the Web still faces an uncertain future. Download times are often long, the quality is often inferior to television, and nobody has really answered the question of whether people need to watch longer-format shows on their computers when the TV experience isn't broken.
Other than YouTube, the video-sharing site that serves up snippets and 10-minute long clips, no other online video service has proven it can attract a big audience.
And trying to force Apple to offer tiered pricing could mean alienating the world's most influential consumer goods companies. What other new products and services could NBC Universal miss out on by angering Apple now?
Apple agreed to a long-term deal with EMI, and the two companies worked together on releasing music in an unprotected format.
Most likely, Apple will continue its tough stand with NBC Universal. It has to. If the computer maker gives much ground, other content companies may also play the brinkmanship game.
"The bad news for Apple is that after something like this, people start to question your dominance," Castle said. "Something like this happens and suddenly you got some tarnish on your armor."
See more CNET content tagged:
Apple Computer, Universal Music Group, contract, pricing, Apple iTunes






- correction to the article
- by mickiavellian September 1, 2007 5:06 AM PDT
- The article states that "The iPod makes up more than 70 percent of the overall mobile player market."<br /><br />That's not true.<br /><br />Between April and June of this year, Nokia, alone, sold 100 million music/media player/phones. That's more than 1 million music player/phones a day.<br /><br />I just thought I would point that out.<br /><br /><br />The idea that Apple is baulking at charging their customers a high price for something is actually very funny. Apple don't seem to have a problem charging $4.00 for TV shows in the UK. (£1.89 sterling is about USD$4).<br /><br />What's fascinating about the NBC/APPLE fracas is that you would have thought Apple would have learned (the hard way) the importance of content when Universal (music) pulled out of their deal with iTunes earlier this year.<br /><br />It seems Apple still think the Earth revolves around Apple.
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- Bah
- by Groucho6 September 1, 2007 6:26 AM PDT
- NOKIA? Are you serious? You're comparing iPods to crappy cell <br />phones? Give it a rest, you NBC apologist.<br /><br />For the record, the networks make their money long before the <br />point where they sell shows to Apple to resell to iPod owners. <br />They have made it on first run and second run and syndication <br />and DVD and ancillary rights. It's all gravy to them, but there's <br />another five letter word that begins with G, and of course that is <br />GREED. This little turf war is all about more and more greed.<br /><br />I stopped watching network television when it began feeling like <br />there were more commercials than content (greed greed greed). <br />I *might* pay Apple's prices for conveniently downloadable <br />shows that pique my interest. I certainly won't pay NBC's idea of <br />what those prices should be.<br /><br />As David Letterman once said, you know what NBC stands for -- <br />Nothing But Cash.
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- Nokia
- by whclevelandjr September 1, 2007 7:36 AM PDT
- Wait... you're spewing figures on Nokia as a MP3 player? I got a <br />brand new Nokia (complete with stereo output and FM receiver) <br />and I only picked it to replace my broken Razr because it was <br />free and it supported bluetooth. <br /><br />I rather use my 3 year old Creative Zen Micro than this brand <br />new phone to listen to music. <br /><br />Why? <br /><br />1. Stupid Nokia audio plug.. Come on Nokia your stupid <br />headphones are made worse that god awful square <br />multipurpose jack. Also, why force me to by and adapter to use <br />a standard headphone?<br /><br />2. Crappy menu system... It makes the Creative menu system <br />look great. Why should I have to delve through Menu->Fun & <br />Apps->Media->Music Player to turn on or off the player.<br /><br />3. Battery life sucks for a phone why would I make it worse by <br />using it as a music player.<br /><br />4. Why can't I listen to music through my regular old bluetooth <br />headset? Why am I required to use the awful wired stereo <br />headset or buy an expensive stereo bluetooth headset?<br /><br /><br />So my point? == I have a brand new Nokia media phone and I <br />never use it for Music. I use it for a Phone... However, I am sure <br />all the people who purchased an iPod doesn't use it as a phone <br />but as a music player. If they wanted to use an iPod as a phone <br />they would buy an iPhone.<br /><br />So your number is a totally inappropriate measure of Nokia's <br />penetration into the music player market.
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