Show us more money.

Wall Street analysts at Morgan Stanley are upset Netflix spends 62% of its revenue on content for customers, instead of setting more money aside for profits.

Morgan Stanley analysts Benjamin Swinburne, Scott Devitt, Ryan Fiftal, Hersh Khadilkar and Andrew Ruud sent a research note to investors this morning telling them Netflix is just too cheap. They want Netflix to up prices, even if it costs them new customers.

“We believe the profit-maximizing strategy is to raise rates rather than go for sub growth,” reads the research note.

The analysts suggest Netflix should model itself closer to cable networks, which spend far less of their money on programming (and it shows).

In comparison, HBO and Cinemax spend only 48% of your subscription dollar on content. Showtime puts up even less — just 35%. Basic cable, ad-supported networks are a revenue goldmine because they often spend a pittance, mostly on cheaply-produced or acquired programming. AMC invested just over one-third of the money it collects from every cable subscriber on programming. Discovery spends 25% across all of its networks and runs loads of repeats to fill the gaps.

The only answer to this investor conundrum is to raise rates on streaming customers so Netflix can put that money in the bank or return it to investors.

But if Netflix follows Morgan Stanley’s advice, they face crushing competition from the forthcoming DVD rental and streaming service from Verizon and Redbox, anticipated to launch before Christmas.

Other Wall Street analysts expect Verizon will launch the service at a price point designed to undercut Netflix. Some predict a combined DVD rental/streaming service will cost customers under $10 a month.

AT&T will begin sending out anti-piracy warning notices to subscribers caught downloading copyrighted content from torrent sites starting Nov. 28.

The new anti-piracy measures are part of a joint agreement between the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), and five major national ISPs to help curtail content theft.

TorrentFreak obtained internal AT&T training documents that outline how AT&T will deal with customers suspected of illicit downloading. After a series of warnings, AT&T intends to block access to websites suspected of copyright infringement until a customer successfully completes a course on online copyright law. Eventually, those caught repeatedly downloading pirated movies and music could face legal action after AT&T turns over the identities of suspect customers. Gone from early draft proposals are suggestions that ISPs will throttle or suspend service altogether for repeat violators.

Late reports indicate that other ISPs participating in the copyright enforcement action — Cablevision, Comcast, Time Warner Cable and Verizon — will also launch their own programs on the same date.

Most at risk are customers who frequent peer-to-peer file sharing sites. Tracking BitTorrent traffic is a priority for the newly-launched Center for Copyright Information (CCI) — a joint venture run by the ISPs in coordination with the MPAA and RIAA.

While not all peer-to-peer file traffic consists of illicit swapping of copyrighted works, some high profile torrent sites are among the first choices for consumers looking for free movies or music. CCI believes its Copyright Alert System (CAS) is primarily an educational tool for consumers who may not realize they are stealing copyrighted content. With its “six warnings” policy, CCI wants consumers to take action to protect themselves, their Internet accounts, and home networks well before any legal action is taken.

The latest implementation of the Copyright Alert System has watered down some of its earlier provisions, which could have put a customer’s Internet account at risk of being speed throttled or canceled. For now, consumers will receive six warnings about any suspected copyright infringement:

• The first three strikes carry no consequences and are intended to serve as informational warnings that the downloading of copyrighted content may be taking place;
• The fourth and fifth strikes will trigger forced browser redirects to a copyright education page and an online course on copyright law that must be successfully completed before the customer can once again visit suspect websites;
• Strike six means AT&T (and presumably other ISPs) will turn over the IP addresses of repeat offenders and comply with any subsequent court orders requesting the identity of the customer for possible legal action. AT&T does not say it will terminate the customer’s account, but does remind customers to be mindful of its Acceptable Use Policy, which does allow them to terminate service for illegal acts.

Edward Stroz

Consumers caught allegedly downloading copyrighted content can protest their innocence, but a $35 refundable filing fee is required to begin the arbitration process. If a consumer proves the files downloaded were not illegally obtained or that their account was flagged in error, they can have the warning canceled and get their filing fee refunded. But there are no penalties for CCI, its copyright tracking arm run by MarkMonitor, or the ISP if the copyright tracking system gets it wrong.

Critics of the copyright enforcement scheme claim it delivers too many benefits for CCI and its industry backers and insufficient protection for consumers misidentified during copyright infringement dragnets.

For-profit copyright tracking companies have made false allegations in the past, forcing CCI to hire an “independent and impartial technical expert” to verify the accuracy and security of the tracking technology used. CCI hired the firm of Stroz Friedberg as their expert.

Critics charge Stroz Friedberg is actually a recording industry lobbying firm, who worked with the RIAA for five years, earning $637,000.

Eric Friedberg

“It’s a disappointing choice, particularly in light of CCI’s professed desire to build public confidence in CAS and the fairness of its processes,” University of Idaho Law Professor Annemarie Bridy told TorrentFreak. “It would have been refreshing to see an academic computer scientist or some other truly independent party appointed to fill that important role.”

Bridy calls CCI’s Copyright Alert System lacking in transparency and stacked in favor of copyright holders, not consumers.

Stroz Friedberg’s appointment has also raised eyebrows among others that suggest their past lobbying violates the spirit of a Memorandum of Understanding signed by all parties requiring “independent and impartial” oversight.

“CCI’s choice of a former RIAA lobbying firm makes it clear that the copyright owner parties to the Memorandum of Understanding were more interested in appointing someone they trust than in appointing someone the public can trust,” Bridy adds.

Network World columnist Steven Vaughan-Nichols worries this is just the beginning of another copyright enforcement overreach:

The name of their game is to monitor your network traffic, with the help of your friendly ISP. Their justification for this is the usual made-up “facts” that content theft leads to “more than 373,000 jobs, $16 billion in lost wages, and $2.6 billion in lost taxes.” Yeah, I’m also sure someone downloading copyrighted porn leads to cats and dogs living together.

One reason I can’t buy into all this is that, as TorrentFreak points out, the Center’s expert who vouches that this all works is none other than Stroz Friedberg, a former RIAA lobbyist. Oh yeah, he doesn’t have bias for paranoid copyright protection companies.

What this means for you is that if your ISP is AT&T, Cablevision, Comcast, Time Warner, or Verizon, they’ll be watching your use of BitTorrent and letting CCI decide if you deserve some warnings, an end to your Internet service, or a full-out lawsuit.

[…] The RIAA, the MPAA, and other copyright “protectors” have never done anything for content creators. They’re all about protecting the businesses stuck with old, broken, pre-digital business models. Even that wouldn’t be so bad, except historically they’ve always vastly over-reacted.

We all know the stories of some poor slob who’s been slammed with tens of thousands of damages for downloading a song. What you may not know is that all the powers that be have to do is to claim something is copyrighted, whether it is or not, and multiple websites can be closed in minutes or your entire digital library can be destroyed.

Does that sound like paranoid fantasy? I wish.

[…] Oh yeah, I feel really sure that the CCI and friends are going to do a good job. Welcome to the new copyright world, same as the old, where you’re always considered guilty rather than that quaint idea of being considered innocent before proven otherwise.

CCI admits sophisticated pirates will probably never get caught by its Copyright Alert System, because most of them are moving to secured Virtual Private Network (VPN) technology that effectively masks their identities. TorrentFreak notes sales for VPN’s are skyrocketing, many headquartered far away from the reach of the United States in exotic, subpoena-proof locations like Cyprus, the Seychelles, Romania, and Ukraine.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/RT Thom Hartmann Copyright Alert System 3-20-12.flv[/flv]

RT’s Thom Hartmann presided over a debate about online copyright theft control measures proposed earlier this year by the entertainment industry and Internet Service Providers. Appearing with Hartmann are David Seltzer, Attorney & Mark Bledsoe. (March 20, 2012) (12 minutes)

Despite a pledge to run this year’s Democratic National Convention in Charlotte, N.C., without a penny of corporate money, a new filing with the Federal Election Commission reveals Democrats raised millions from AT&T, Time Warner Cable, and several big banks and energy companies.

Convention officials originally promised the convention would be self-sustained without corporate money, but that promise was long gone with last week’s quiet report to the FEC. Millions arrived courtesy of a convention civic committee that openly welcomed corporate cash.

The Los Angeles Times reports New American City, which paid for hospitality and administrative costs, raised $19 million — nearly all from corporations.

Digging deeper into the FEC filings, Stop the Cap! reveals where some of the Democrat’s money came from and where some of it went:

• AT&T spent $175,475 on “delegate bags” decked out with AT&T’s logo and $123,087 on “catering for suites.” That was in addition to a straight $1 million cash contribution;
• Time Warner Cable handed over $600,000 . The cable company was also the premier sponsor of the host committee’s media welcome party;
• CenturyLink handed over $10,500 to the DNC via New American City;
• Google Foundation contributed $100,000;
• National Cable Satellite Corporation (parent company of cable-industry financed C-SPAN): $2,500
• Turner Broadcasting System (now owned by Time Warner (Entertainment)): $25,000
• Verizon Wireless handed over $50,000

While accepting the contributions violates the Democrats’ commitment not to accept corporate money, election observers concerned with the pervasive influence of corporate cash are not giving Republicans a free pass. With no restrictions on fundraising, the GOP raised nearly $56 million from AT&T and other telecommunications entities, big oil and gas companies, hedge fund managers, big banks, and wealthy individuals.

[flv]http://www.phillipdampier.com/video/CNBC Verizon Wants More Consolidation 10-18-12.flv[/flv]

Lowell McAdam, chairman & CEO of Verizon Communications, is back on CNBC in this exclusive interview calling for additional wireless industry consolidation. McAdam also discusses Verizon’s huge earnings after its wireless plan changes, Verizon’s latest union contract, and the current state of the U.S. economy. (8 minutes)

Plateau Wireless customers can expect to be eventually herded to Verizon Wireless’ all or nothing plans as early as 2013.

Verizon Wireless this week announced the acquisition of another regional wireless carrier — Plateau Wireless — formerly owned by the Eastern New Mexico Rural Telephone Cooperative. At risk are the co-op’s innovative and inexpensive calling and unlimited smartphone data plans for customers in communities like Roswell, Carlsbad, Artesia, and Hobbs.

Verizon’s purchase includes the co-op’s cellular, PCS, and AWS wireless spectrum that covers more than 26,000 square miles in eastern New Mexico.

“We are excited to expand our presence and coverage in rural New Mexico and to welcome Plateau Wireless’ customers to the nation’s most reliable network. We believe the strength of our network enables people to live better and stronger lives,” said Andres Irlando, president of Verizon Wireless’ southwest region.

Customers’ bank accounts may not have the strength to withstand the pricing and technology changes Verizon has in store as early as 2013. Plateau’s current GSM network will be dismantled as Verizon converts the network to CDMA for voice service and EV-DO (3G) and LTE (4G) for data services, leaving customers’ current smartphones and handsets useless. Verizon has not said whether it will provide free replacement equipment to Plateau customers at the time of the network conversion.

More importantly, Plateau Wireless’ current service plans, which include numerous options for customers on tight budgets — are destined for the scrap heap as the company unleashes its all-or-nothing contract service plans.

Plateau Wireless was a co-op owned regional wireless provider serving southeastern New Mexico.

The most important service at risk is Plateau’s unlimited data plan. The company charges customers $29.99 a month for unlimited smartphone data when inside Plateau’s home coverage area. Customers on family plans have an even better deal. They can extend unlimited data to every other phone on the account for a flat additional fee of $10/month. For just under $40 a month total, four family members each with their own smartphones or other wireless devices can have unlimited data when bundled with a calling plan starting at $19.99 a month ($9.99 for each additional line).

The same data plan under Verizon Wireless’ Share Everything Plan costs $220 a month for four phones, but it is not unlimited. All four users have to share a collective allowance of just 2GB of data per month.

Remember when your cell phone company offered you calling plans that fit your budget instead of their desired bottom line? Plateau Wireless still does, for the moment:

All Plateau Wireless Plans are eligible for the Family Plan and Data Features. Unlimited text messaging is $4.95 a month. Carryover of unused minutes to future months and free loyal customer minutes available. 

Plateau Wireless’ customers will have to decide for themselves whether Verizon’s acquisition is good or bad news for them.

Earlier this month, the Federal Communications Commission awarded nearly $9.5 million to Plateau to expand 3G and 4G service in central and southeastern New Mexico over the next three years. Verizon Wireless can use the funds to effectively expand their network in the area at taxpayer expense.