Paid Media? Media for Sale? A Federal court judge wants to know more in the Google-Oracle Suit

Today’s decision by a Federal court judge ordering Oracle and Google to disclose who they paid to write about their “JAVA trial” poses interesting questions about corporate media management — who pays for what to be written and what extent does that have on influence within the industry?
What would you expect that answer to be?

All Things D’s filing  Judge Orders Google and Oracle to Disclose Who They Paid to Write About Java Trial has the story quoting “Judge William Alsup, who presided over the case in the U.S. District Court for the Northern District of California, wrote in his order that he’s “concerned that the parties and/or counsel herein may have retained or paid print or Internet authors, journalists, commentators or bloggers who have and/or may publish comments on the issues in this case.”
We’ve seen purchased coverage before in terms of trade press, I’m thinking especially of the sychophants who write gushingly about the latest Apple release and who (masquerading as reporters) would leap to their feet to applaud Steve Jobs.  Other companies (Cisco’s news site) commissions articles by well-known and reputable authors — though one might assume they are not (often) going to either write nor would Cisco (or others likely) post unflattering comments, reviews, analysis or criticisms.  This is coverage purchased to put forth the issue in the most flattering light possible under the circumstances.  
It is corporate communications imitating news.  It’s a lot like Sorkin’s The Newsroom imitating real news rooms.

BP Oil was insidious in the way it aggregated media coverage during the gulf oil spill while inserting reports from its own commissioned reporters…. it did make a disclaimer but only in the tiniest of print.  It was clever – in the midst of critical news it seemed unexpected to read glowing accounts of the importance of big oil to the community and their years of service and commitment to the economy and residents.
I don’t argue that this is happening – I find it refreshing that a federal judge is concerned enough to demand a review into how pervasive it may have been during his trial.
I find Judge Alsup’s order compelling. His full order can be found here .

It’s the arrogance, Stupid!

The Justice Department admits it served $16 dollar muffins, $8 cups of coffee and cookies and brownies that cost $10 each at a 2009 meeting.

At a time when many Americans don’t have enough money for basic groceries this seems to be, well the word that comes to mind is excessive.

The story, appearing in Wednesday’s Los Angeles Times Justice Department’s $16 dollar muffins don’t sit well, quotes Justice Department officials, “We agree that excessive spending of the types identified in the OIG report should not occur,” adding that the department has taken steps “to ensure that these problems do not occur again.”

Good messaging. Good Crisis Management.

Maybe they might have thought about the ramifications of the decision to spend so much before they thought they were so entitled. But it proves the old media adage, you never get caught for the crime when you do it but always for the cover-up or the discover.

How can anyone advocate for civility and free speech when elected politicans won’t practice it

A new low in the war against free speech, open debate, tolerance of views other than those of our own and civility… a new example of a politician stifling debate in what appears to be an effort to prevent an embarrassment.
Steve Chabot’s (R-OH) open town hall with his constituents seems to have been so controversial that the Congressman’s staff requested police disrupt and confiscate citizen-made videos. You’ve got to watch those taxpayers – those interested citizens – those just plain folk-who-no-doubt-have-turned-terrorsist-agents lest they do something really radical like post a video on youtube.com.

It is simply difficult to image what was so threatening to the Congressman that it was worth the fuss and furor of requesting police intervention. It is also mystifying why the police felt compelled to step in where there was no overt or even apparent threat to civil order.

This has the same big-brother feel of overt-over reaction. It raises the question, didn’t we fight a revolution against the British for their same Draconian tactics limiting free speech, open assembly and the right to protest? Are some of us – perhaps among them elected officials – forgetting our own history and roots?

The Buck Stops Now – ABC to Stop Paying for Interviews

In what is a wise and I hope foresighted decision ABC is the first of the big 3 networks to say it won’t continue to pay licensing fees associated with securing major interviews.

In what is a wise and I hope foresighted decision ABC is the first of the big 3 networks to say it won’t continue to pay licensing fees associated with securing major interviews.
ABC ends checkbook journalism, will no longer pay for interviews appearing on the Poynter website includes a quote that ABC News President Ben Sherwoood, “concluded that the cash-register approach to journalism was starting to tarnish the network’s credibility, even though the practice was relatively infrequent.”

That’s putting a good spin on it. Paying for access, paying large sums including $200,000 to Casey Anthony was just one in a series of stories that date back many years and include free travel, accommodations, gifts and more to secure prominent interviewees.

I’ve been critical calling the practice perverse
and decrying the practice of raining money for some time.

Admittedly I have witnessed examples of this practice by all major broadcast and cable networks and been personally involved in such stories – and while I found the practice distasteful I admit that I too had involvement.

ABC deserves major kudos for breaking away from this practice. The audience is better served. The business of journalism is better for their decision. The network is at risk of losing some “exclusives” but in the world where that word has lost all meaning, relevance and importance, it is a courageous step and the network has earned acknowledgement.

Glenn Beck links the massacre in Norway to Hitler Youth – obviously hateful and vile – it is still protected speech. But yuck!

I write in support of free speech, no matter how loathsome it may taste. But the ultimate question – how is it that personalities like Glenn Beck continue to receive the attention, the coverage, and yes even comments like these before the public mindset simply says, “Basta. No more. Good bye.”

On his radio show and reported in the Los Angeles Times Monday Beck said, “There was a shooting at a political camp, which sounds a little like, you know, the Hitler youth. I mean, who does a camp for kids that’s all about politics? Disturbing.”

Is Beck delusional? Hateful? Is he trying to stir the pot to further his own ambitions, dependent on promoting his own notoriety, regardless of how vile it may be to many? Clearly his departure at FOX was born of falling ratings, declining sponsors, embarrassment and ultimately the network’s decision to cast away a program which had run its course, fulfilled it mission and was no longer something (or some one) they wanted to be associated with.

So what was his agenda in making these remarks? Does he believe that this was a camp a la Hitler youth? Could he be serious, or is he just messing with the audience?

And yet, the monster of hate and bigotry and irresponsibility lives… it clearly lives in Beck’s dark heart and worse, probably too it lives among some of his faithful. Clearly the Los Angeles Times found it newsworthy to report. A Google search at 553p PT Monday on “Beck and Hitler Youth” yields 160,000 hits! Imagine… in just a few short hours… from his lips to Internet phenomenon.

So yes, free speech lives – and fortunately condemnation is alive too. Irresponsible speech lives freely. Hateful, nasty, unimaginable things are said and written by Beck and others – Beck just gets an overwhelming response… What disturbs me the most is that he probably contrived his comments to provoke just such a reaction.

Free speech comes at a price. Unfortunately Beck is using up the currency at an alarming rate.

Perverse and Perverted – Networks in Bidding War for Casey’s Story

That’s right – network’s don’t pay for interviews so instead they offer lavish treatment and buy the rights to photographs and other family memorabilia; it’s called the licensing rights for everything surrounding her actual tell-all tale. Payola by any other name is still wrong.

It’s been going on since before the verdict but now the bidding war for Casey Anthony’s story has gone big time with attorneys holed up in pricey New York hotels as they negotiate Casey for her licensing rights. That’s right – network’s don’t pay for interviews so instead they offer lavish treatment and buy the rights to photographs and other family memorabilia; it’s called the licensing rights for everything surrounding her actual tell-all tale. Payola by any other name is still wrong.

Postings in social media on this are colorful ranging from outrage and revulsion to snide comments about the ethics (or lack thereof) involved in even considering buying her story, much less rewarding her. None of this is new. None is shocking. It is what tabloids and quick-books have made fortunes on over the years. The networks should not be blamed – they are selling a product and need to corner an ever shrinking piece of the viewer’s loyalty. Sadly this is being done under the banner of news, but that seems to cause few any pain or difficulty.

Meanwhile – Casey may be in Palm Springs according to some… while cross country her lawyers are no doubt turning up the heat in their bidding war… and the weatherman said it was going to be a scorcher in New York today. No doubt.

ABC Rains Money

Paying for interviews is against network standards but there is nothing prohibiting payments for licensing rights and other perks paid to news sources and potential interviewees.  The latest? A two-hundred thousand dollar ($200,000.00) payment to Casey Anthony!   It isn’t new – it happened as recently as last night (Sunday)with a six figure deal with Jaycee Dugard and her publisher for a ‘first-look’ at her story.  It has happened over many years – and each network is guilty of doing it, although ABC and NBC have been in a more financially secure position reportedly to be more lavish in their offers.

And don’t think that money only flows to the victims or good guys in such stories.  Two networks were in a fierce bidding war for the songbook of Phillip Garrido – Dugard’s admitted captor and rapist – shortly after the story broke.  Attorneys representing a friend of Mr. Garrido received six figure offerings for his songs which included lurid details of a cross country sex odyssey and other perversions.

The audience doesn’t seem to see a difference between paying for news or paying for access.  In a  celebrity driven world it seems as if we have become accustomed to the habit of stars and news makers wanting to be compensated for their first hand stories.  Networks have been more than obliging in paying sums for what guarantees them the right to brand the interview an “exclusive”.  But does all this loot change the story – does more money make it ever so much more necessary to add an adjective or color the telling of a story in a particular way to make it seem worth the cash?  One cannot demand top dollar and then disappoint the paymaster.  It wouldn’t be good for business, especially when that is show business.

It may be good for business but it is bad for ethics, and there’s just no way around that.

Why must we screw with reality? Why do we feel it is OK to sweeten life’s great experiences?

So little is real any more.  Laugh tracks on sit coms tell us where the writers and producers want us to giggle, synched musical performances replace authentic concert or live performances.  They are both examples of sweetening the ‘real thing’ or how we ought to feel about something naturally as they change, ever so slightly altering the natural event itself.  We electronically mask the things we don’t want to hear – wind noise – any distraction – even to the point that an event itself no longer bears much resemblance to the real thing.

And now along comes CBS – apparently guilty for creating fake fireworks over Boston!  Fireworks on the Charles River – for long acknowledged as one of the great pyrotechnic shows in the United States – but that wasn’t good enough for CBS entertainment!  Their producer superimposed those spectacular fireworks over Fenway Park and the State Capitol dome!  The deception was caught by Bostonians who recognized that both locations were in the opposite direction from the Charles, and that it was geographically impossible to have seen nary a flare there.

Defending his decision the producer David Mugar told the Boston Globe, “…said the added images were above-board because the show was entertainment and not news. He said it was no different than (sic) TV drama producer David E. Kelley using scenes from his native Boston in his show “Boston Legal” but shooting the bulk of each episode on a studio set in Hollywood. “Absolutely, we’re proud to show scenes from our city,” Mugar said. “It’s often only shown in film or in sporting matches. We were able to highlight great places in Boston, historical places with direct ties to the Fourth. So we think it was a good thing.”
He’ll have to explain to me the historic significance of Fenway Park to July 4th.  But maybe I am being too strict in my interpretation of Boston’s Revolutionary History?

When caught CBS declined to comment to the paper, but the Boston Globe’s media critic did write, “It is an ethical issue, and to say it’s not because the show was aired through CBS Entertainment is to imply that the entertainment side of CBS has no ethics…”

I think it is just disappointing.  Did Mugar think those great fireworks were simply not great enough and needed his artistic touch to make them even better?  Who’s he to judge?  And how’s the audience to know what’s real and fake, or to be misled to think one thing over the truth, just because it was an iconic picture?

And we should wonder why so few people in the audience trust anything they hear or see or told?  Maybe we ought to ask ourselves what we’ve done to pollute their opinion of us

A more complete story can be found here.

A Smart Move – or just strageic? Or am I a skeptic?

ABC News hires kidnap victim Elizabeth Smart to cover child kidnapping and missing person cases. It is worth asking is this good journalism or smarmy public relations and booking?

ABC News has hired Elizabeth Smart, formerly in the news as a Utah kidnap victim when she was a child, as a correspondent assigned to kidnapping and high profile missing person cases, according to The Hollywood Reporter and reported in People Magazine.

Is this a strategic move or one aimed at creating and fostering special appreciation among victim’s families?
Is she a bona fide journalist or a talented ‘talking horse’?

The issue is simple – what’s her training, journalistic experience or story telling? Obviously she will work alongside talented producers; obviously she will be guided and hand-held… but is she being sent out as a lure to sway the sympathy of victims?

It is worth asking is this good journalism or smarmy public relations and booking?

Historic? One for the record books? Hype? Or we just don’t know what to say?

Can some one explain to me the use of the word “HISTORIC” being flaunted by the media to describe today’s meeting between Mrs. Michelle Obama and Nelson Mandela?

Why is it historic? She isn’t a head of state… she isn’t conducting bilateral talks… there are no negotiations between our countries – at least none that is revealed to date.

Is it important? i suppose yes…. certainly to her and her daughters… but to the rest of us?

Why does the news media use the word historic to describe what was a brief and in diplomatic terms nothing more than a courtesy meeting?

In the scope of time, or the Obama presidency, in terms of international relations between South Africa and the United States this will hardly be termed ‘historic’. So why does the media use the word, as if to credit her with something more significant than what it really was?

Am I missing something? (And no – this isn’t about race, black leaders or women’s rights…), this is just an observation about the word choice used by networks and local stations to categorize an event – or characterize it? Maybe both.