Author: Jeff John Roberts

  • Twitter plucks ad man from Google to be research director

    In a sign of Twitter’s ever-growing advertising ambitions, the company has hired Jeffrey Graham, a Googler and former New York Times executive, to run its ad research operations.

    AdAge reported the news Friday morning. Twitter’s head of revenue, Adam Bain, announced it in a tweet:

    While Twitter already has a huge and sophisticated ad operation, the value it provides remains unclear to many brands and marketers. On Black Friday, for instance, a study reported that Twitter ads led to almost zero direct sales; Twitter’s value may considerably higher, however, if marketers consider other metrics like data or brand-awareness.

    In his new job, it will likely fall to Graham to explain such distinctions. As AdAge notes, Twitter is forecast to take in over $500 million in revenue this year but will need a more finely-hewn product pitch to get to a billion. Graham is not a regular Twitter user (before today, his last one was in January about cats) but Friday morning he tweeted news of his hire and suggested the company’s acquisition of analytics firm Blue Fin will be a key part of its strategy:

    Graham’s background is in agencies and, from 2007 to 2009, as a director of customer insight at the New York Times; in the latter position, he advised the publication on ad research and metrics. Most recently, he was head of ad research at Google but is joining a growing tide of people migrating to Twitter.

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  • Judge allows case over HuffPo ownership to go forward, adds fraud claim

    In a major development in the bitter court fight over the founding of the Huffington Post, a New York judge has for the second time refused the request of media moguls Arianna Huffington and Ken Lerer to dismiss the case. The new ruling also expands the scope of the case to include claims of fraud and unjust enrichment.

    Thursday’s ruling comes as part of a case that begin in early 2011 when two Democratic political operatives, Peter Daou and James Boyce, filed a lawsuit stating that they had presented the idea for HuffPo in 2004. The pair claim that Huffington and Lerer then cut them out of the process, launching the site in 2005 and claiming the idea as their own.

    In October 2011, New York Supreme Court Judge Charles Ramos threw out seven of eight claims in the case but allowed one claim — based on the state claim of idea misappropriation — to go forward. Since then, the parties have been wrangling over procedural issues and Daou and Boyce filed an amended complaint.

    In addressing the amended complaint, Ramos allowed the idea theft claim to go forward as well as those for fraud and unjust enrichment; he tossed a fourth claim for breach of implied contract.

    “Plaintiffs have adequately alleged that defendants took the information that plaintiffs provided, secretly shared it with another person, camouflaged the origin to make it appear as it came from that other person and, in effect, stole the idea and developed it with that other person,” Ramos wrote in letting Daou and Boyce go forward with the fraud claim.

    In the same ruling, Ramos rejected Daou and Boyce’s request to subpoena the CEO of AOL, Tim Armstrong, rejecting arguments that Armstrong had essential knowledge about the founding of the Huffington Post. AOL bought the Huffington Post for $315 million in the spring of 2011.

    Today’s ruling does not mean that Daou and Boyce have won the case. Instead, it means they have cleared a crucial procedural hearing and, thanks to the added claims, can proceed to a trial with a stronger hand.

    The court has made a preliminary decision based solely on the un-contradicted allegations of the complaint and without any consideration of the facts,” a Huffington Post spokeswoman said. “As we have said from day 1, there is no merit to these allegations. They are make believe. Finally we will now be able to move for summary judgment and lay out what the real facts are. We look forward to the opportunity to present the full record to the court.”

    Here’s the ruling:

    Order upholding HuffPo complaint.pdf by


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  • Instagram says ‘self-help’ best option for woman suing over photos — and it’s right

    A mighty fuss broke out in December when the media accused Instagram of changing its terms of service to claim ownership of users’ pictures. In response, celebrities vowed to quit the popular photo-sharing service and, this being America, people started suing.

    Two months later, what’s the fallout? Well, nothing. Instagram’s new rules went in place in January and the site appears popular as ever (based on my own experience and Facebook’s optimism on a recent earnings call).  Meanwhile, Instagram this week issued a stinging rebuke to Lucy Funes, the California woman who is leading a class action suit against it.

    In a filing to dismiss the suit, Instagram’s lawyers said the case was based on “wrongheaded, even frivolous, legal theories.” The document, reported by Reuters, added that Funes’ alleged injury was “self-inflicted” and pointed to “her failure to take the self-help measure of deleting her account.” (our emphasis)

    The comments are harsh but also fair. Instagram, and every other social media company, is right when it points out that no one is forcing people to use their service and that, if you don’t like their rules, you can just leave. Instagram notes that Funes is still using the service.

    This take-it-or-leave-it approach may be exasperating to consumers who feel powerless as Facebook and others turn them into product pitchmen (Instagram will follow suit soon enough). But for now, the licenses these companies impose ensure the law is on their side and, as long as people don’t pay for sites like Gmail and Twitter, advertising is the only option that will sustain them.

    Unfortunately, companies that do try to be transparent about their advertising intentions are likely to be punished for their efforts. As Verge reporter and former copyright lawyer Nilay Patel explained in December, the controversy over Instagram only creates an incentive for companies to be obtuse or sneaky about their terms of service in the future.

    This doesn’t mean, of course, that everything is okay. Instagram and the other companies do pose serious threats to our privacy, data and dignity. But until there is a system in which consumers have an option to pay these companies to leave us alone (would you pay $5 a month for ad-free Facebook? — I might), this is the world we’re stuck with.

    The Instagram episode ultimately reflects a familiar pattern of hysteria, resignation and forgetting. There will be other examples soon enough.

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  • New report says video ads are soaring — but only 5% are on mobile

    New ad industry figures claim the number of online video ads shown in the last quarter of 2012 grew an eye-popping 52 percent compared to the previous three months. This stat shows that TV dollars may be shifting to the web in force; this could also come as good news for publishers who are counting on high-value video ads to prop up their bottom line.

    The figure was supplied by Videology, a provider of ad tools to agencies and marketers, and comes with a nifty graphic (via VideoNuze) that shows a snapshot of the industry. Highlights include a growing range of sectors that are buying video ads and increased use of behavioral data to target ads.

    The other significant part of the report is that the vast majority of video ads ares still served on the desktop:

    Videology screenshot

    Videology said in an email that the mobile’s share of overall video ads  grew one percent in the previous quarter and that the overall growth in video means mobile is expanding rapidly. Unlike Google, Videology continues to consider tablets like the iPad as a mobile, not desktop, device for ad purposes.

    The third category — “Connected TV” — refers to pre-roll video ads served on devices like Roku, Apple TV and Xbox. The 3 percent figure is up from 1 percent the quarter before.

    These numbers shouldn’t be treated as gospel, of coure, as Videology has a stake in the video ad industry. But the company’s broad connections to marketers, publishers and agencies do give it a good big-picture view.

    Going forward, it will be interesting to watch how quickly the above desktop-to-video ratio changes to reflect a world in which half of all internet viewing is expected to take place on mobile devices. At the same time, publishers will be watching closely to see if video ads can hold their high value as more inventory comes on the market.

    (Image by cybrain via Shutterstock)

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  • Can conservatives break the copyright stalemate?

    Copyright law is supposed to encourage creativity and reward artists but right now the system is a mess. Worse, the debate over how to change the law is dominated by bitter partisanship that makes real copyright reform impossible.

    That’s why it’s a relief to see a new group enter the debate. In the last six months, a growing number of figures on the political right have been taking aim at our broken copyright system and offering some very sensible solutions.

    The arrival of these conservative reformers, who join longtime liberal copyright critics, means the U.S. may at last get to have an honest debate over the best way to compensate content creators.

    The current mess

    It’s worth recalling just why the copyright system is so troubled in the first place and and who is responsible. For starters, note that U.S. copyright has ballooned from its original term of 28 years to the life of the author plus 70 years — meaning a young novelist or songwriter’s work is now likely to stay locked up until the year 2143 or beyond.

    There is no justification for these absurd copyright terms other than as a form of corporate welfare to the entertainment industry. The Constitution’s rationale for copyright in the first place is to “promote .. useful Arts.”  It’s inconceivable that an artist will not pick up her pen unless she is promised 100+ years of copyright protection.

    While the terms are a problem, copyright enforcement is a mess too. This is partly because Congress gave copyright owners a very big stick that lets them seek $150,000 every time someone takes their content without permission — even if the infringement led to zero economic loss. The chance to impose such big penalties for a trifling offense has led to a spate of abusive lawsuits by copyright trolls who target bloggers or file mass “John Doe” complaints intended to embarrass gay porn viewers.

    Despite all this, copyright infringement still remains widespread. Call it “sharing” or call it “theft” — however you describe it, people keep helping themselves to content without offering a dime to the writers, musicians or film makers who made it.

    To justify this behavior, pirates point to the mendacity of the entertainment industry to say, in effect, that content owners have it coming to them.  There is some validity to this (especially as the industry often shortchanges the artists it purports to stand for) but it doesn’t address the underlying issue: how should we pay content creators? If we agree on having a copyright system in the first place, it needs to work in a way that allows writers, musicians and photographers to make a living.

    Right now, what we have instead is a copyright system that is unfriendly not only to consumers but often to individual creators as well. While big companies can flex legal muscles to chase copyright violators, the law doesn’t offer authors a simply way to seek payment when someone blatantly rips them off.

    Unfortunately, for now, the debate over how to fix copyright remains dominated by industry lobbyists on one side and piracy apologists on the other. The result is an unhealthy stalemate in which those who propose a middle ground risk being labeled as a thief by the industry or as a stooge by its critics.

    The conservative case for copyright

    The copyright debate is not entirely controlled by the ideologues, of course. In the last decade, scholars and journalists (Lawrence Lessig, Bill Patry, Cory Doctorow and Mike Masnick to name a few) have made eloquent arguments about reforming the law.

    The problem is that these copyright critics come from the same world; they’re all liberals with ties to Silicon Valley. This has made it easy for the entertainment industry to caricature them and for Washington to ignore them.

    Now, though, the case for copyright reform is being made by figures on the right as well. Last fall, the famous judge and law-and-economics scholar Richard Posner declared copyright terms to be too long and warned that poorly defined fair-use rules can have “very damaging effects on creativity.”

    This conservative critique heated up significantly in January when a Republican memo in the House attacked over-reaching copyright laws as an assault on laissez-faire capitalism. The entertainment industry soon stepped in to smother the memo and get its author fired but the memo’s contents are still resonating.

    In late January, the American Conservative published a lengthy feature on “crony copyright” that repeated the memo’s economic arguments and also reported that the Tea Party and the Heritage Foundation are taking a growing interest in IP reform. Since then, the right-wing Washington Times printed an op-ed criticizing the White House for trying to use copyright to control public domain photographs.

    So what does all this mean? The significance is that copyright reformers have powerful new allies and fresh intellectual ammunition. While the left has relied on cultural arguments to attack the copyright system, the right makes a compelling case based on economics.

    Chance for a grand bargain

    This conservative conversion to copyright reform comes at a crucial time. The rise of sites like Twitter and Tumblr mean it’s easier than ever to share images, music and movies. In this context, copyright that lasts more than a hundred years makes even less sense and the opportunity for abusive lawsuits is even greater.

    The emergence of a combined liberal and conservative case against the current copyright system offers the chance to reach a grand bargain. Specifically, there is now an opportunity to create shorter copyright terms and to fix the enforcement regime so that it doesn’t permit content owners to wield a $150,000 hammer over every infraction. In return, a more balanced copyright law would help to undercut many of the moral justifications that lead people to turn to piracy in the first place.

    (Image by Viorel Sima of Shutterstock)

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  • New York Times and Wall Street Journal drop paywalls as Winter Storm Nemo hits New York

    In what’s become a new type of public service ritual, New York’s newspapers are offering free access to all of their websites as the snow storm called Nemo starts to smack the city.

    Late on Friday afternoon, a spokesperson for the Wall Street Journal  announced on Twitter that free access will begin at midnight:

    The New York Times will do the same. In response to an email, spokesperson Eileen Murphy wrote, “We’re dropping the pay gate tonight at 6 and will re-evaluate tomorrow evening.”

    The practice of lifting paywalls, which typically restrict the number of articles a vistior can read, is becoming commonplace during major public events or during critical needs for information. The New York papers did this during Hurricane Sandy and the election. As paywalls spread at newspapers across the country, it’s likely most papers will do the same.

    (Image by Trudy Wilkerson via Shutterstock)

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    • LOL no more: it’s time to take AOL seriously as shares soar again

      A year ago, AOL was a laughing stock. The one-time internet king was surviving on dial-up dollars from yokels and its media properties were a mess. After it sold its patent portfolio to Facebook, it seemed only a matter of time until AOL dried up altogether.

      Then something happened. The company’s revenues grew, its share price soared and CEO Tim Armstrong revealed a strategy to make AOL a media and advertising powerhouse. The company’s winning streak continued Friday morning as Wall Street greeted AOL’s latest earnings report with glee; the stock shot up another 12 percent when markets opened.

      “We’ve walked through the the value of the turnaround and got to growth,” Armstrong said on a morning call with investors.

      It’s too soon to say the company’s back on top but, for now, the results look like the real deal. Here’s why: as analysts fussed over AOL’s debacle with hyper-local site Patch and its dwindling dial-up business, the company quietly invested in state-of-the-art ad technology and rejigged AOL to inject new revenue streams. The most important of these are inside the AOL Networks group — a business unit that offers ad tech tools to publishers and advertising agencies that are still learning to navigate the world of automated ad buying. The Networks group grew 37 percent year-over-year and posted revenue of $183.5 million in Q4. (Total revenue for AOL in the quarter was up 4% from a year ago to $599 million; adjusted OIBDA income was down 7% to $123 million).

      During this time, AOL has also become number two in online video thanks to products like HuffPo Live; this is significant because video is one of the most lucrative forms of online advertising. AOL now plans to draw on its fancy ad tools to create automated buying for its own video inventory while, at the same time, offering those tools to other companies who are still catching up on the video front.

      Meanwhile, AOL’s media properties don’t look as dysfunctional as they did a year ago. Armstrong appears to have figured out how to manage the mercurial Arianna Huffington and, as for his pet project Patch, the hyper-local site is still losing money but he promises it will be profitable by the end of  the year.

      The bottom line is that AOL has three major revenue streams, all of which look viable. There are still danger signs, of course: AOL’s display ad business looks shaky and, as Henry Blodget points out, the company’s revenues may come from three streams but nearly all of the profit is still coming from the legacy subscriber businesses.

      But, for now, investors are right to like what they see. People looking for 2013′s turnaround story should stop fussing over Yahoo — it’s AOL that is poised to be this year’s comeback kid.

      Disclosure: GigaOM distributes some video content through AOL.

      (Image by Rob Hainer via Shutterstock)

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    • New York Times posts ho-hum numbers, slow digital growth

      The New York Times Company posted earnings on Thursday morning that show the company’s ongoing struggle to create significant growth in its digital operations. While circulation revenues continue to rise, all forms of advertising are in decline and overall revenue is shrinking.

      The company posted earnings per share of 32 cents (excluding special items) which is about what analysts predicted. Compared to the same 13-week period from a year ago, total revenues decreased 0.7 percent, with advertising revenues down 8.3 percent and circulation revenues up 8.6 percent.

      The circulation revenues should, in theory, be a bright spot for the Times but it’s not possible to tell how much of that 8.6 percent comes from new digital revenue and how much from an increase in the price of the print edition (the Times doesn’t break out these numbers).

      The company now has about 640,000 digital subscribers to the New York Times and the International Herald Tribune, which is a 13-percent increase from the previous quarter. Meanwhile, the Boston Globe now has 28,000 subscribers to its various digital editions which is an eight-percent increase.

      The bottom line here is that this the same old story for the New York Times company: it is shedding revenue, assets and longtime staff faster than it can build up a new digital business.

      An earnings call later today will feature the company’s new CEO, the BBC-transplant Mark Thompson who may offer some guidance to where the company is going. We will post highlights from the call in the early afternoon.

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    • Inside Aereo: new photos of the tech that’s changing how we watch TV

      Brooklyn-based Aereo lets subscribers watch and record over-the-air TV anywhere they go on computers, iPhones or iPads. The service is available for now in New York City but will soon be unveiled in dozens more cities across the country for $1 a day or $8 a month.

      Media attention to the service has focused primarily on the legal dispute between Aereo and TV broadcasters who have tried, and so far failed, to shut it down. The legal controversy is real but also overshadows the implications of the service for TV viewing and the technological wizardry that makes Aereo work.

      To get a better idea of just how Aereo is serving up TV, we went to the company’s plant in Brooklyn to get some up-close photos. Here’s our tour:

      From the Empire State Building to your iPhone

      Aereo transmits from the top floor of a nondescript government building on Vanderbilt Avenue on the edge of downtown Brooklyn. You can see it on the right: Aereo building on Vanderbilt

      Aereo chose this location for a reason. The floor on which it operates has a direct line of sight to they city’s biggest transmission tower. Here’s a picture of the tower and the view from Aereo’s window:

      These direct sight lines make it easy for Aereo to pick up the powerful signals emitted from over-the-air broadcast services like ABC, NBC, CBS, Fox and local community stations. Aereo’s technology then transcodes and relays those signals to its customers who can watch TV, change channels and record shows with their phones or iPads:

      Tiny antennas for everyone in the city

      Aereo works by letting every subscriber rent a pair of tiny antennas. Customers get two antennas so that they can watch live TV while also recording a show or, alternately, to watch live TV on two different devices at the same time. While Aereo created the personal antenna system as a way to comply with copyright rules (you can read about the legal issues here), the antennas themselves are remarkable in that they give Aereo the capacity to serve 1 million New York City customers from the single floor in Brooklyn and an adjoining rooftop.

      Here’s a close up look of the dime-sized antennas in action:

      Aereo antenna closeup

      Aereo antennas

      Aereo CEO Chet Kanojia explained that the device is a simple copper antenna but that, rather than picking up the entire TV spectrum like a typical cable antenna, it picks up only the 6 megahertz block of spectrum that a viewer wants to see at a given time. He describes it as a “switched antenna” that’s beautiful in its simplicity. The ingenuity, Kanojia said, is that Aereo’s 1.5 inch antenna changes its electrical and magnetic characteristics in order to replicate the tasks of a standard 35 inch UFH and three foot VHF antennas.

      The size of the antenna allows Aereo to cram many of them into a small space which is one reason Aereo is able to relay TV to so many people at the same time. Another reason is that the antennas are “multitenant” which means that, when one Aereo subscribers is not using an antenna at a given time, it is available to all other subscribers.

      Cheap storage and high-performance fiber

      Aereo relies on the antenna system to offer a cheap TV services that subscribers can easily add or drop at any time. But the antenna is only part of the equation. To make the service economically viable, Aereo is also capitalizing on major advances in transcoding technology and cloud storage. It is these advances that now make it affordable for Aereo to translate the over-the-air TV signals into iPhone video streams and to let people store hours of television on remote servers.

      According to Kanojia, commercial transcoding costs per stream would have been $8,000 per customer two years ago but now the company can do it for under $20 (these figures relate to capital expenditures, not monthly costs). He also notes that a terabyte of storage, which once cost over $1 million, can now be had for under $100. The new efficiency, he said, is not just in raw storage capacity but better spindle speeds on hard drives that improve transmission times.

      Here is a look at Kanojia standing in front of Aereo’s proprietary transcoding devices and a close-up of the servers which act as a private cloud service and on which Aereo customers store thousands of hours of TV to watch later:

      Aereo CEO in front of transcoder

      Aereo servers

      To connect the antenna system with the transcoding and recording devices, Aereo relies on multiple 10 gigabit fiber links that look like this:

      Aereo fiber cables

      Aereo also relies on leased fiber networks in different spots around New York City to deliver TV content to its subscribers. This system means it doesn’t have to rely on content delivery networks or other middlemen.

      “What’s the point of long-hauling something when you’re already 80 percent there?. There’s no CDN’s. It’s a local to local product,” said Kanojia.

      Next: the man who would break the cable industry

      Aereo wants to overturn the current TV business model in which viewers shell a hundred dollars for a bundle of channels, many of which they don’t want to watch. Aereo’s challenge comes by way of its technology but also in the form of Kanojia himself, who is picking a fight that many have lost before (iCravetv, ivi, etc) — and is so far holding his own. Tomorrow, we will be writing about Kanojia and his vision for the future of television.

      Aereo antenna

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    • “The brain of the New York Times, the body of BuzzFeed” — Slate’s third act

      Slate started life as as a scrappy web pioneer under Microsoft in 1996. Since then, it has gone on to carve out an enviable perch in the liberal media establishment as part of the Washington Post Company. Now, as Slate enters its 17th year — a fine run for any publication, digital or otherwise –- the online magazine wants to reinvent itself one more time.

      Slate’s latest incarnation is as a data-driven social-media beast.  The site thinks it can use viral wizardry to spray smart writing around the internet and, at the same time, finally earn a profit from being perspicuous. The money question has become pressing because Slate, despite its years as a high-brow conversation starter, has yet to show it can survive without the largesse of a corporate mothership.

      So will Slate’s third act pan out? Here’s a look at how its brain trust is approaching data, technology and the evolving ethics of advertising.

      Top drawer or traffic whore? Stats and story selection

      On a cold January afternoon, I met longtime editor-in-chief Jacob Weisberg and his deputy David Plotz in the former’s airy corner office on Morton Street in New York’s West Village. The office has large windows and shelves of hardcovers, including Weisberg’s exposition “The Bush Tragedy.”

      The men were busy. Weisberg was en route to Davos, while Plotz had ducked out from answering questions on the online discussion forum Reddit. But both wanted to make the case that Slate has what it takes to survive in the age of analytics. “We rely on data, not intuition” said Weisberg. “The big cultural change at Slate is that it’s moved from being a site driven by instinct to a site driven by evidence.”

      The remark comes as a rebuttal to earlier observations that Slate relied on creaky technology even as its competitors shot by it with state-of-the-art tools. The New York Observer in 2010, for instance, talked to members of Slate’s staff and concluded that the site’s tech was “Chitty Chitty Bang Bang.”

      Weisberg says those days are done and that technology is at the center of the editorial operation. He points to a new Silicon Valley-style product team and a doubling in the amount of “sideways” readers from social media in the last year as proof that Slate has gotten religion on the analytics front.

      Woman, temptress, prostituteWeisberg says Nick Denton of Gawker and Jonah Peretti of BuzzFeed have been inspirations in the push for better analytics. The two viral media evangelists have shaken up publishing by using social media metrics to judge what stories to promote. (Peretti will be speaking at paidContent Live in April.)

      But if Slate turns to audience activity to inform its story choice, does this also mean pandering? “We have written traffic-whorey stories here David Plotz Slateand there,” admits Plotz. But these efforts haven’t been particularly successful, he says. Instead, he credits editorial initiatives like “Bad Astronomy” (a feature for science nerds) with increasing drawing new regular readers to Slate.

      In this regard, Slate is like other high-minded publications navigating a tough, even contradictory mission. On one hand, they promise smart and independent ideas; on the other, they’re heeding social media metrics that could tug them to the lowest common denominator. While news sites like BuzzFeed cut their teeth on silly cat photos only to climb up the intellectual and media food chain, it’s unclear whether this process can work in the opposite direction.

      So far, Slate appears to be threading the needle by growing its readership, while also publishing thought-provoking pieces (like this one about Palestinian versus Israeli textbooks). Slate says December 2012 unique visitors increased 33% percent from a year ago; meanwhile, comScore stats show Slate is faring well against other ideas publications. Here’s a chart that shows how they compare (note QZ and theAtlanticWire are part of the theAtlantic.com) :

      screenshot for slate comscore numbers

      Paywalls and pettifogging

      The buoyant numbers are good news, of course, but do they mean Slate is finally in a position to make money? In 2010, Plotz admitted that Slate was not profitable. Like nearly every other digital publication, Slate had discovered the hard way that great writing and a loyal readership are not the same as a business plan.

      Since then, many publishers have followed the lead of the New York Times and begun to charge for access to all or portions of their digital content. These so-called paywalls have gained acceptance after being a contentious issue for years — in part because an early effort by Slate to implement one in 1998 didn’t work out.

      Slate recently floated the idea of a future “membership” scheme for some readers, but Weisberg is adamant it won’t involve charging for content. The topic is sensitive enough to have produced a bizarre Twitter spectacle in which Weisberg’s Mr. Fox avatar berated a respected Forbes reporter as a “pettifogger” (and worse):

      So what exactly does the membership involve? Weisberg didn’t elaborate beyond saying it won’t be unveiled until at least the end of the year and that it will be “more akin to a public radio-type membership model — you give a contribution and in return you get benefits.”

      As Slate hashes out these details behind the scenes, it’s also trying to cultivate another revenue stream, in the form of an expanded events business. These include loose mixers that let readers mingle with Slate writers; Weisberg says more than 700 people recently bought tickets one of its “gab-fests” in Washington. Slate is also hosting small, more formal events hosted by advertisers. One example is a UBS-hosted panel at which Weisberg hosted a discussion on exports with political poohbahs.Slate screen shot

      Other media outlets have run into ethical challenges with custom events like this — most notably the Washington Post, which in 2009 proposed hosting private “salon events” at the publisher’s house for powerbrokers and journalists. It sparked a newsroom revolt, and the paper ditched the idea before it ever became a reality. Weisberg says Slate, which is independent but shares a corporate parent with the Washington Post, won’t run into similar problems because its events are all public and on the record.

      All this still doesn’t answer the question of whether Slate is now profitable. Asked directly, Weisberg said he can’t say because of Sarbanes-Oxley disclosure rules that require companies like the Washington Post Co. to disclose material information through broad public channels.

      Ads, yes – but not for the Church of Scientology

      Digital publications these days need multiple revenue streams to survive, but their core remains advertising. And here Slate, which has recently built up its own sales force outside of the Post, and others face the same dilemma: an increasing amount of web traffic comes in through mobile devices (about 30% now, and 50% by 2014 is probably a safe bet) but ad rates are low and no one is sure what to do about that.

      “I don’t think we’ve figured out anything other people haven’t,” says Weisberg. “You have a rapidly expanding audience but CPM’s that are much lower. The key is distinguishing how and when people are using different types of mobile devices.  Between tablet and mobile, those two will diverge rapidly over time. Tablet ads will become more valuable while handsets gravitate to a performance model.”

      While publishers wait for the right mobile ad models to emerge, many are seizing on so-called “native advertising” as the secret to juicing ad prices. It’s debatable whether it’s really new but the basic idea is to produce ads that mimic the editorial content around it – ads that resemble nearby stories, tweets, pictures, etc. It may or not be novel, but for now it is clear that native advertising can go horribly wrong such as when the Atlantic printed a “story” about the Church of Scientology replete with gushing “reader” comments about the cult’s virtues.

      Weisberg says the Atlantic tripped up by violating three principles: printing ad that confuse readers; tampering with the editorial process; and accepting an ad from someone the publication shouldn’t have done dealt with in the first place. “They are enemies of free speech, they are persecutors of journalists, they’re litigious. They’re a crazy cult who’s made life hell for journalists who’ve tried to do their job. Why do business with them at all?”

      In terms of Slate’s own advertising, the publication says revenue in 2012 grew 26 percent from the previous year. Its advertisers include , most recently, Coke, Lexus and Samsung. As for the ad opportunities offered by aggregation tools like Flipboard, Weisberg is skeptical and says they are “too passive” and less useful now that “Twitter has cracked the news personalization process.”

      Slate screenshotSlate has also built a strong lineup of videos and podcasts that Weisberg says are lucrative for the site. Slate is now producing nine separate podcasts, some of which rate highly on iTunes; one episode of the show Lexicon Valley recently notched up 650,000 downloads. Slate would not disclose how much ads, which are read by show hosts, bring in but said “advertisers pay some of the highest rates in the industry” for the podcasts.

      This podcast and other non-print revenue will help determine whether Slate can join an increasingly data-driven media world while still remaining an influential liberal publication. While the verdict is still out, Slate’s confidence remains high.

      “We have the brain of the New York Times and the body of BuzzFeed,” said Weisberg as he prepared to dash off to Switzerland – where he would later tweet, “Wish Pussy Riot was in Davos instead of so many Russian oligarchs & kleptocrats.”

      (Images by Slate and Kletr via Shutterstock)

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    • WSJ moves special sections online, adds expert chatter and Google Hangouts

      When newspapers print a special sections about a specific field of business, the features can be catnip for advertisers who jump at the chance to reach a narrow audience segment interested in, say, 401K’s or real estate or retail. The challenge for publishers is how to replicate that high value product online.

      The Wall Street Journal is attempting to do this with the launch today of six new digital verticals that match the special sections that appear in the Journal’s print edition every month or so (Wealth Management, Retirement, Energy, Leadership, Health Care, Small Business). According to senior editor Larry Rout, the idea is to ensure this content doesn’t sink as quickly when it goes online.

      To keep up the chatter around the special topics, the Journal is asking a stable of thought leaders and public personalities — including Dilbert creator Scott Adams and author Amy Tan — to blog and offer opinions in a live stream. The site is also hosting periodic “Google Hangouts” where business experts will chat and take questions from viewers.

      The idea is fine in theory but will anyone actually show up in the online verticals? After all, the web is awash with financial and business chatter, meaning the Journal Reports may have a hard time standing out. On the other hand, Rout says the Reports’ contents have done very well when published as individual stories on the WSJ website; placing that content in dedicated verticals and combining it with marquee personalities and the WSJ brand mean the Reports have a chance to gain online traction. We’ll check back in half a year to see how it pans out.

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    • Outbrain wants to be the Google AdWords of content recommendation: here’s its plan

      Do you have a friend you value because that person is good with book or movie recommendations? Outbrain wants to be that friend to the whole internet by suggesting related content when people read a story. The company has huge reach and deep pockets but still faces a big problem: competitors are coming and, even though vast numbers of people on the internet have used Outbrain, almost no one has heard of it.

      paidContent caught up with CEO Yaron Galai in Outbrain’s office near New York’s Union Square this month to hear about his plans to stay on top. In the (likely) event you’re not sure what Outbrain does, here’s a screenshot from Time that shows how and why people and publishers use it:

      Outbrain screenshot

      The business model is pretty simple.  Outbrain helps publishers keep readers on their websites by giving them a tool to surface related content that they’ve published in the past. The company’s “From Around the Web” tool also provides a way for publishers to buy and sell traffic — in the example above, if someone clicks on one of the related stories links, Time might get a referral fee from the outside publication (of which Outbrain would take a cut). Small publishers can use the service for free to surface their own content but once they reach a certain volume of traffic, they’re obliged to add paid links. Outbrain claims its tools are installed on more than 90,000 blogs and websites, including big names like CNN, the New York Post and Slate.

      So far, Outbrain has done pretty well. The company is backed by $64 million in venture funding and claims its recommendations are clicked on billions of times a year.

      But now competitors are arriving, including comment site Disqus , which has relationships with millions of websites, and Wordnik, a dictionary site that says its semantic knowledge lets it offer better recommendations. The would-be rivals could undercut Outbrain by copying its service and offering it for a lower price or even for free. Meanwhile, Outbrain must also contend with the enormous referral power of little companies with names like Google, Facebook and LinkedIn.

      Yaron, however, has had to defend his turf  before (most famously while closing a funding deal as an officer in a combat zone). In doing so, he’s made some very bold decision such as firing legions of his own customers for furnishing spammy content. The decision may eliminate up to 25 percent of the company’s revenue but Yaron thinks it will pay off as a long-term strategy. ”A lot of the clones will show good results for the short term [but will soon fade],” he says.

      Yaron believes Outbrain has deeper relationships with major publishers and advertisers like GE that make higher-quality ad content– and that that will allow Outbrain to become the go-to place for industry leaderes to do business with each other. To boost the effort, Outbrain is also starting to brand the recommendation with its logo in the hopes readers begin to notice it.

      Yaron compares Outbrain’s situation to the early days of search advertising when dozens of competitors scrambled for a piece of the action until Google AdWords finally blew them all out of the water. It’s an impressive vision — but, at this point, it will be at least a year before we know if it can come true.

      (Image by ollyy via Shutterstock)

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    • New York Times contest brings tech start-ups into its headquarters

      New York City is bristling with tech companies, and many of them are whipping up new ideas for publishing, advertising and social media. This spring, a select few of them will get an invitation to strut their stuff inside the New York Times as part of what the paper hopes will be a “mutually beneficial relationship.”

      In a program called TimeSpace announced Tuesday morning, the Grey Lady said it will accept three to five early-stage companies for four month partnerships. Those selected will get an opportunity to demonstrate their products while teaching and learning alongside Times employees in the company’s 8th Avenue headquarters. The Times suggests the best candidates will come with seed stage funding and be focused on products like mobile, social, video, advertising technology, analytics and e-commerce.

      So will all this help the Times navigate a path to digital prosperity? On one hand, these type of projects can feel more like sizzle than substance. The Times already has an ideas lab called beta620 while the Boston Globe is partnering with MIT students to inject more technology into the news process. So far, nothing earth-shattering has emerged from either project. Likewise, Philadelphia’s major news outlets have been tinkering with incubator-style projects for a while with mixed results.

      On the other hand, these type of ventures deliver intangible cultural benefits. Start-up companies, including those in the media space, typically have scant idea how the news works and how media companies actually run. Meanwhile, old line media types are often suspicious or dismissive of new technologies and the people wielding them. Opportunities like TimeSpace, which will also give the start-ups a gloss of prestige, thus represent a welcome occasion for the two cultures to rub shoulders in a real world news and business environment.

      Would-be New York Times partners have until February 19 to apply.

    • Same old Yahoo: why better earnings don’t equal a turnaround

      Wouldn’t it be nice if you could just wish something into existence? That’s what some in the media seem to be doing in hailing Yahoo’s latest earnings report as evidence of a comeback. Yes, the numbers were mildly better than predicted and the company’s star CEO sounded full of vim — but that doesn’t mean Yahoo’s position is any less hopeless than a year ago.

      In case you missed it, Yahoo’s earnings came in at 32 cents a share yesterday which is better than the 28 cents that analysts had predicted. On the investor call following the earnings report, CEO Marissa Mayer stressed partnerships and the “tremendous internal transformation in the culture, energy and execution of the company.” She claims to have fixed hundreds of pressure points in the Yahoo bureaucracy and boasted that company employees worldwide are now enjoying free cafeteria food.

      These are tactics, not a strategy. The reality is that Yahoo is still getting pummeled in its core business of display advertising and its search business, while posting higher revenue, is still losing market share. Despite some nifty content offerings (especially its finance and sports), the company is struggling for relevance in a world where no one says “portal” anymore. And while its stock is flying high, a big reason for that is Yahoo plowing money from asset sales into share buybacks.

      To get an idea of where Yahoo stands, recall that the company was once regarded as an internet “giant” and that it stood astride the tech world like Apple and Amazon do today. Now, look at the chart below to see its relative significance today:

      The other companies on the chart are not just other tech companies, but the companies with which Yahoo must compete directly. Google and Microsoft remain genuine giants while Facebook is still much smaller but, unlike Yahoo, is poised for powerful growth in the next two years. And, as my colleague Mathew Ingram noted, “partnering with everyone else is not a winning strategy.”

      Mayer said on the investor call that Yahoo’s biggest opportunities lie in “search, display, mobile and video” but gave little indication how it would dislodge its immediate competitors — let alone the likes of Twitter, Tumblr and other upstarts.

      The best that can be said for Marissa Mayer’s Yahoo is that the company is not outright dysfunctional. But it still needs a competitive advantage and a growth strategy. Until it has those things, let’s not waste our breath talking of a turnaround.

      (Image by  Olesia Bilkei via Shutterstock)

    • Facebook’s privacy payout: how you’ll get $10, $5 — or nothing

      If you’re on Facebook, you likely received a mysterious email late on Friday that says you might get some money in a lawsuit. The email is the real deal — Facebook is indeed paying out and you could get up to $10 (maybe). So how do you collect? Here’s a plain English guide to what that email means:

      Why am I part of a Facebook class action in the first place?

      The social network got sued for using you as a product pitchmen for “Sponsored Stories” without your permission. For instance, if I “Liked” Justin Bieber’s page, my Facebook friends might have seen a big ad saying “Jeff likes Beeb’s new eyeliner.” Today, Facebook can still do that because it changed its privacy terms — it’s the earlier ads it’s on the hook for.Facebook like

      How do I collect?

      Go to the settlement page and fill out the claim form by May 2.

      So how much will I get?

      Facebook is paying $20 million all-in to make this go away. Under a revised deal (the judge rejected the first one), Facebook users are eligible for up to $10 each — so long as there’s enough money to go around.

      Oh, and that $20 million isn’t just for Facebook users. The lawyers are asking for nearly $8 million. Then there are people like the “escrow agent” and the “settlement administrator” who get a cut too. If the judge okays all this, it will be more like $10 to $12 million to go around.

      To look at it another way, if there is $12 million left after the lawyers, there is enough money left to pay 1.2 million Facebook users.

      Well, what if more than 1.2 million people make a claim?

      You have to share. If 2 million Facebook users sign up, everyone would get about $6. If 2.4 million sign-up, it’s $5. If more people than that sign up, everyone gets nothing.

      So what are my chances to get some money?

      There are about 165 million Facebook users in America. If even 2 percent decide to make a claim, you’re likely out of luck.

      Well, that doesn’t seem fair. Who gets the money then?

      The class action says it’s not very efficient to cut $4.99 checks to everyone. So, if too many people are eligible, they’re just going to give the money to your friends at Harvard, Stanford, Berkeley and the EFF instead. These groups will then use your money to advocate for privacy.

      Well, damn it. It was my privacy that was violated — don’t I even get to be involved?

      That’s a good question. This keeps happening again and again — Google, Facebook, etc. violate everyone’s privacy and the money from the resulting lawsuit goes to lawyers and a bit of it goes to “charity.”

      To be fair, this isn’t as crazy as it sounds. Many of the privacy advocates do good work and the class action lawyers, even if they’re in it for themselves, do keep the tech companies on their toes.

      The bigger problem here is that these legal deals don’t do a good job of involving the people who are affected. Nor do they produce solutions such as a “pay-for-privacy” option. Would you pay $5 a month for an ad-free, non-creepy version of Facebook? I might. But the class action settlement doesn’t allow us to raise these sort of options or to ask Facebook directly about what they’re doing.

      If I don’t get any money, does any good come out of this lawsuit?

      A bit. The settlement claims it will force Facebook to create a tool to see which products you’re endorsing and to remove your endorsements. But we’ll have to see if this tool will be easy to use in practice.

    • HuffPo’s new ‘Conversations’ will improve comments — and make money for AOL

      I’m not a regular reader of the Huffington Post but when I go there, I’m astounded how many people leave comments on a given story. Last week, for instance, more than 20,000 readers offered their two cents on HuffPo’s account of Hillary Clinton and Benghazi — and this was just in the first two hours. Such numbers are impressive but it’s never been clear how a reader can navigate this teeming mob of voices nor how all this chatter helps the HuffPo make money.

      Now, though, the Huffington Post’s comment strategy suddenly makes a lot more sense in light of “Conversations,” a new tool that surfaces discrete discussions within the comment stream and then lets readers read those discussions on a separate webpage. In the case of the Hillary story, for instance, the first comments that appear at the bottom of the story will now be “conversations” sparked by popular members of the existing HuffPo community.

      The new set-up should make it easier to jump in on a given debate about the story that’s of interest. In the Benghazi story, for example, groups of people can find each other to discuss specific facets of the story — whether the US should be in Libya; whether the incident was Hillary’s fault; whether Hillary is actually a Muslim agent sent from Mars to destroy America and so on.

      The fact that the “Conversations” will now have their own URL also makes it easier for people to share them and invite others into the discussion. The feature in some ways resembles the buzzy start-up Branch which lets people grab existing conversations and continue them in new places (though, unlike Branch, HuffPo’s system is not invite-only). To get a better idea of what HuffPo is doing, here are two screenshots from a recent story. The first is an existing conversation (I’ve circled the button that takes it elsewhere) and the other is what the conversation looks like on the new URL:

      Screenshot of HuffPo conversation

      HuffPo conversations screenshot

      Huffington Post CTO, John Pavley, explained in a phone interview that the site relies mostly on algorithms to parse comments and to identify worthy conversation leaders but that it uses human moderators too. HuffPo’s inspiration for its comment system comes in part from Reddit, the popular group-reading site, he added. (The move also comes that at a time that publishers led by Gawker’s Nick Denton are re-evaluating the philosophy of comments in general).

      The share-a-conversation feature serves to make order out of the comment chaos, but could also turn into a serious money maker for the Huffington Post. According to Pavley, the company will use parent company AOL’s ad platform to serve up relevant ads next to the conversations. This is significant because the HuffPo will not only have more pages to monetize; it will also be able to offer advertisers the promise of “hyper-engaged readers.” This type of audience is being touted by companies like Disqus as extra valuable because readers are more likely to engage an ad if it’s next to a subject they’re passionate about — the idea is that, if they’re taking the time to comment, they presumably are engaged.

      HuffPo is rolling out Conversations slowly and, for now, the feature is only appearing on the site’s World and Gay Voices sections. It will appear across the whole site soon.

      (Image by siSSen via Shutterstock)