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FOX Sues Dish Network Again Over Hopper

posted Saturday Feb 23, 2013 by Scott Ertz

FOX Sues Dish Network Again Over Hopper

It has not been easy for Dish Network and their Hopper DVR. When the original device was launched, everyone sued them over copyright infringement. Now, while it is surely a unique device in modern times, it is not the first DVR to skip commercials. Does anyone remember the original TiVo DVRs? Why else would people have paid that much per month for a DVR when the cable companies were giving them away free?

Their new model has had no less controversy. Announced at CES this year, it was initially awarded Best in Show for the Best of CES Awards, presented by Cnet. Because of the before mentioned lawsuit and Cnet's parent company, CBS, and their rule about being objective about companies they are actively in legal action with, Cnet was forced to drop the award. When CEA, who runs the International CES, found out about this, they removed Cnet as the official partner for the awards going forward and reinstated Dish as a co-winner of the award.

Now, FOX has decided to one-up their media conspirators and has filed a new suit against Dish and the Hopper with Sling. The newest complaint is about the Sling feature, which allows users to transfer content from the DVR to other devices, like tablets, for watching both online and offline. While it seems no different from recording a show on a videocassette and playing it at someone else's house, FOX claims that it is piracy. They have asked a federal judge to prevent Dish from allowing customers to transfer FOX content to their smartphones and tablets.

My guess is this will go about as well as the last time FOX asked for an injunction against the Hopper: not well. Last November they lost their attempt to prevent AutoHop, the commercial skipping feature, on FOX programs, and is currently sitting in appeals. This will probably go the same way, with a loss and an unending appeal. This request is a little closer to realistic, it still seems like it stands no chance in the courts. Thankfully.

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PlayStation 4 Revealed

posted Saturday Feb 23, 2013 by Scott Ertz

PlayStation 4 Revealed

Sony shocked absolutely no one this week by announcing the PlayStation 4 at their PlayStation Meeting 2013 event, announced late last month. There were a couple of oddball theories about the meeting's purpose, but everyone with a brain knew we would see the announcement of the next member of the PS family. So, what do we know? We know one of the first terms used on stage was "prototype hardware" while showing off the garbage-collecting robot game, Knack. At that point we knew we wouldn't see the hardware, but that's okay: we also didn't see the Wii U hardware at announcement. Larry Hyrb, Xbox's Major Nelson, was apparently surprised, tweeting,

As with the Wii U announcement, we did get to see the controller. Similar to the PSVita, the PS4 controller will incorporate a multi-touch pad on the front, plus a light bar used for physical tracking in a room. Of course, motion controls and rumble have been enhanced, but it isn't a PlayStation console without that.

Knowing we wouldn't see any more hardware, it was all about the software. We saw title after title shown off and, while Media Molecule might have flopped pretty hard, everyone else shined. Hit the break for a rundown of some of the most talked about titles.

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Redbox Instant to Beta Test on Xbox 360

posted Sunday Feb 10, 2013 by Nicholas DiMeo

Redbox Instant to Beta Test on Xbox 360

The beta period for Redbox Instant has been underway, in a closed state, for a little while now. As we've discussed in the past, people have been clamoring about the new instant streaming service from Redbox, who has decided to partner with Verizon, and have been chomping at the bit to get new information. As luck would have it, we've been gifted another tidbit that leads us to believe we'll see this thing launch real soon.

Major Nelson confirmed that Redbox Instant by Verizon is heading to the 360 and beta users will be the first to get a chance at streaming from the console that is the center of family entertainment. Emails have gone out to those users who have been selected already, but if you still want a shot, you can sign up on the site and could be selected for a one-month trial.

Obviously, as goes the trend, another video streaming service adds to the pile of new offerings we've seen as of late, but Redbox still has a chance to make an impact. What's really exclusive about their deal with Xbox Live is that the app on the 360 will allow one-time digital purchases or rentals without having to actually subscribe to Redbox Instant. As far as expanding it to other platforms, Redbox rep Jennifer St. Clair said,

We are talking to a lot of companies and intend to bring the (app) to more platforms which we hope include additional gaming consoles. Our goal is to be on the devices that consumers use to access entertainment. During beta and at our launch, Xbox will be the only gaming console with Redbox Instant.

On top of the Xbox, Redbox Instant will also be available on PCs, iOS, Android, Samsung Blu-ray Players and Samsung Internet-connected TVs. So, the question is, are you going to try out Redbox Instant? Will you make the switch from whatever other service you're using? What would it take? Okay, so those are three questions, but I'd still like you to chime in below in the comments section.

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Former Atari CEO Bids to Save Company

posted Sunday Feb 10, 2013 by Nicholas DiMeo

Former Atari CEO Bids to Save Company

Several weeks ago, we reported that Atari U.S. was filing Chapter 11 bankruptcy and was looking for buyers, in order to distance itself from the struggling French parent company. Well, former Atari Interactive CEO, Frédéric Chesnais has placed a bid in order to rescue his old stomping grounds from an unfortunate demise or dismemberment.

He's offered to take a 25.23% stake in Atari U.S. and said he would pay the current lead investor and shareholder, BlueBay, for over 7 million Atari shares, as well as pay for the required convertible bonds that would let him have another 5.5 million. Chesnais' investment group, Ker Ventures, has also granted a very large short term cash loan to the parent company, Atari SA, even before the transaction has completed, and has chose not to pile on the interested until September.

Atari US has also had investments from Alden Fund, which is a company whose expertise is in fixing slumping companies. Alden will actually pick up the loan that Atari owes to BlueBay, plus, the company is financing $5 million to Atari's subsidiaries, Atari Inc, Atari Interactive, California US Holding and Humongous Inc. $2 million has already been sent over, with another $3 million becoming available upon the court's approval.

A company spokesperson said on the news,

It's quite good news for Atari that new shareholders can be found. But the situation remains very difficult for the company because of the Chapter 11 bankruptcy protection filing in the U.S. The judge in the U.S. will play a very important role in the future of the company.

If a former Atari CEO wants to save the company, along with some other investors, I can only see good things coming out of this. If everything goes through as it should, this transaction should keep the integrity of Atari intact and the company won't be chopped to pieces and sold to several competitors.

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GameStop Puts Up $10 Million for Devs to Make Games for Kongregate

posted Sunday Feb 10, 2013 by Nicholas DiMeo

GameStop Puts Up $10 Million for Devs to Make Games for Kongregate

While Zynga posts a small profit, they are still struggling in the sea of mobile and social game developers, and that sea keeps getting larger. GameStop has been talking about moving into the digital realm for a while now, and started doing that exact thing when they bought Kongregate in 2011. Now, the used-game giant is putting up $10 million for mobile game developers.

How will it work? GameStop will be fronting the money, their consulting services and marketing support to any developer who chooses to come up with a free-to-play mobile game for their Kongregate service. Then, through GameStop's channels, it will promote said game, which is huge, considering half a billion people visit GameStop brick-and-mortar stores each year. This is also a very intriguing move, as the company is pretty much buying the efforts of smaller developer studios, as long as they think the game will be successful. For mobile games, the hardest part is gaining exposure and traction, so with a push from GameStop it's possible that the games will be put on an accelerated path to popularity.

In keeping with the "battling Zynga" mentality, GameStop has also brought on former Zynga exec, Pany Haritatos, to lead Kongregate's mobile games division. With eight years of mobile gaming experience, Haritatos seems like a perfect fit. On this news and the already-existent success of Kongregate, Haritatos said,

Developers are increasingly finding it harder to get their games discovered through the different app stores. I personally faced these challenges in 2009 while managing my own game studio. Utilizing the Kongregate platform made my games successful, which ultimately led to my studio being acquired by Zynga... The fact is that there are hundreds of developers trying to get into mobile but they cannot compete with those that are in mobile now. They need to get their games in the hands of core gamers, but there is no easy way for them to do that.

With 15 million unique visitors a month who play games on the platform for over 28 million hours, it's possible that this move could be what launches GameStop into the same competitive realm as its opponents. It'll be interesting to see how they go about it, but investing $10 million is serious business, so it looks like they're going all-out in hopes to pick up a bunch of great games.

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Zynga Actually Posts Q4 Profit

posted Saturday Feb 9, 2013 by Scott Ertz

Zynga Actually Posts Q4 Profit

It has been several quarters and many bad decisions since the last time Zynga, the spammers of Facebook, posted a profit. This week, the company bucked that trend, posting 1 cent per share. Compared to the expected 3 cent per share LOSS, that is an impressive performance.

So, how did they pull it off? It would appear to be entirely the work of David Ko, Chief Operating Officer for Zynga. He stepped up and made the hard decisions, like cutting properties that have a fairly large fan base, but were still costing more than they were making. For example, CityVille 2 has seen its end, along with The Friend Game and Party Place.

While the second and third titles haven't been entirely successful, CityVille 2 has been popular. Ko described the process as "putting up guard rails" to allow managers to end a game that is proving to be popular but not profitable before they become a financial sinkhole. The plan moving forward is to focus on new franchises, creating mobile properties and making money.

While making money sure seems like an obvious goal for a company, it hasn't been that obvious to Zynga as of late. The goal is going to be more difficult to achieve with all of the competition in the marketplace. SimCity Social and The Sims Social from EA, plus the entry of Facebook itself into the market will make it more difficult to succeed. Plus, as Zynga has already made a name for itself in stealing ideas, it will be a challenge to get new franchises off the ground.

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