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July 2019
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New Study Points Out What A Boon Sports Streaming Piracy Could Be To Leagues

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When it comes to cable cord-cutting and the set box vs. streaming revolutions, I have always argued that professional and college sports plays an outsized roll. In fact, sports programming is one of the few threads by which the cable television industry is currently hanging. Some leagues have made better use of these trends than others, with Major League Baseball still representing the gold standard in sports streaming, with the other major sports leagues riding along in its wake. And, yet, one of the most common complaints about streaming copyright infringement one can find out there is that of live-streaming professional sports. While much of this comes from the broadcast partners of these leagues, the leagues themselves still make a significant amount of noise about pirated sports streaming.It's never made sense to me. Sports league revenues generally are dominated by two categories: merchandise and advertising revenue. The former gets boosted with the maximum number of eyeballs on the product while the latter becomes something of a complicated mess, given that ad revenues have traditionally gone to broadcast partners, which translate into large contracts with revenue going from the broadcasters to the leagues. Despite that complication, the interest here is in advertising revenue. I wrote the following paragraph way back in 2012:

Here's my question: why is any of this necessary? With that same smart phone, I could have gone to one of dozens of websites (evil, evil websites) that would simply stream the games I wanted directly to my device for free. More to the point, they'd stream the local broadcast that I wanted, complete with commercials. Why wouldn't the major sports leagues do the same thing? If advertising is still the major money-maker for professional sports (and, along with merchandise, it is), why wouldn't they want to increase their reach by offering their own free advertisement-laden stream? Coupled with location identifiers, I'd think the leagues could partner with local broadcasters to make sure that people were getting the same geographical broadcast they'd get watching at home. Again, the same commercials can be in place, so what's lost? Why charge me $50 a season to watch the game on my phone or tablet, but not levy that same charge for watching on my television? It's the ads that matter, isn't it?
The ads, and the eyeballs, of course. Pirate streams increase reach, full stop. Why wouldn't leagues and broadcasters see that reach as a good thing? Well, according to a recent MUSO study, they absolutely should.
In their study, the companies looked at eight matches of the previous Premier League season. They found that these matches had an average pirate audience of 7.1 million viewers across as many as 149 countries. Most of these unauthorized viewers came from China, where nearly a million people tuned in per match, followed by Vietnam, Kenya, India and Nigeria. The U.S. and the U.K. took 10th and 11th places among the piracy audience.These numbers were complemented with GumGum’s marketing and sponsorship insights. After factoring in the exposure of different brands in various regions, they came to the conclusion that there is £1 million in uncaptured sponsorship media value per match. The majority of value is linked to field-side LED advertising and the sponsorship placements on the front of the players’ jerseys. While pirates may not pay, they definitely see these sponsored messages.
Based on the study, it seems that even a lack of localized advertising still leaves an enormous amount of money on the table in the form of on-the-field sponsorships. I would add that, at least for large global brands, there is value in the commercials as well in pirated streaming. Per the study, the retort from broadcasters and leagues thus far appears to be complaints that, because they cannot control or directly count the streams in question, those viewers aren't represented in advertising or sponsorship contracts.But all that tells me is that that's the problem. Not the pirated streams themselves, but the failure to capture the boon of those streams in the contracts with sponsors and advertisers. Given that, and considering the laughable game of whac-a-mole that is blocking pirate streams, how is it not the better solution to put these pirate stream numbers in front of sponsors and increase contract costs for sponsorships as a result? When MUSO, an antipiracy outfit, states the following, it's probably time for rightsholders to listen.
MUSO co-founder and CEO Andy Chatterley hopes that the findings will change the perception of pirates. He emphasizes that this audience should certainly not be disregarded.“Piracy audiences have too long been disregarded as offering no real value to rights holders and distributors, but the reality is that these huge audiences still see the same shirt sponsors and commercials as people watching the game via a licensed channel,” Chatterley says.
In other words, these streams are not an enemy, but an opportunity, if only the leagues would finally take notice.

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posted at: 12:00am on 17-Jul-2019
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Another Way In Which Patents Contributed To The Opioid Crisis: Hospitals Ordered Not To Use Better, Less Problematic Medicines

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Two years ago, we wrote about a stunning (and horrifying) study that explained how patents deeply contributed to the opioid crisis. It described the lengths that drug companies -- including OxyContin maker Purdue Pharma -- went through to block any and all generic competition. It was quite a story.However, on a recent episode of Terry Gross's "Fresh Air" she interviewed medical bioethicist Travis Rieder about his new book, In Pain. It tells the story of how, even as a "medical bioethicist," Rieder himself got addicted to opioids after being in a severe motorcycle accident -- and then was shocked to find that none of his doctors either knew how or cared enough to help him get off the painkillers. The story is fascinating -- and harrowing.Deep into the discussion, however, one part caught my attention. Rieder tells a story about how, rather than putting him on opioids, they could have just given him acetaminophen:

GROSS: One of the pain killers that you were given when you were in the hospital was intravenous acetaminophen. And you thought that that was really, surprisingly effective as a painkiller, but you were only given a few doses, even though you kind of begged for more more because it was effective and not habit-forming. So why couldn't you get more of it?RIEDER: Yeah, this is such a wild story. I didn't know for a long time, and so all I had was this immediate experience where, after that fifth surgery, when I was really behind the pain, the pain management team upped all of the doses of everything I was on, but then also gave me three doses over 24 hours of IV acetaminophen. And for me, the way I described it at the time, it was as good as morphine in the short term, but it didn't knock me out. It didn't sedate me. I didn't have to worry about my breathing. And so I really liked it for that reason, and I asked for more.And I remember one of the residents being kind of hesitant - you know, one of these young doctors in training - and kind of mumbling something about, I don't think you can have more because of your liver, or something. I didn't question it.
But, turns out, it's got nothing to do with his liver:
Months later, I'm an invited speaker at an anesthesiology conference, and I'm hanging out with some of the docs over a coffee break. And I'm telling them the story because I'm like, hey, I've got these, you know, really smart people. I'm going to pick their brains. And I get to the point where the resident mumbles this excuse to me, and they all chuckle. And I look at them, and I say, what? Is that not the reason? And I can tell in that moment that they all know something and that they all know that they all know. And one of them looks up at me and says, they're not giving it to you because it's too expensive.(Laughter) And my mind was blown. I was like, wait a minute - what do you mean it's too expensive? It's just Tylenol, right? They said, yeah, but the IV form is still on patent. And so once it goes off patent, it'll be standard of care because it works great. But, you know, for now, it's too expensive, so most of us have hospital orders not to use it.
So, let's get everyone hopped up on addictive and destructive opioids, because this form of Tylenol is still on patent. That's just great. He continues:
I think what it started for me was a dive down the rabbit hole of, how does money play a role in how we treat pain and how we overutilize opioids for pain, right? Because what it made really clear is that opioids are dirt-cheap because a bunch of them have been off patent for decades, and that these other sorts of therapies can be really expensive.
For all the talk of how patents create incentives for new life-saving medicines, it's important to recognize that they create some pretty fucked up incentives at times as well.

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