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Real Sues Baseball Over Windows Media

westlake writes 'According to the Seattle Post-Intelligencer, RealNetworks has sued Major League Baseball over its use of Windows Media. The dispute began with MLB's decision to stream exhibition games in WMA format only, under its revised contract, Real claims all live MLB streams must include RealMedia as an option. The piece states: 'Windows Media Player controlled about 34 percent of the U.S. market, compared with nearly 19 percent for RealOne player and 10 percent for QuickTime player, according to January data from Nielsen/NetRatings.'"

43 of 349 comments (clear)

  1. I'm so torn by Anonymous Coward · · Score: 5, Funny

    I hope Real wins, Major League Baseball sticks by the terms of the contract they signed, and Microsoft has to start dealing with competition.

    But on the other hand, if all three parties got wiped out by a freak comet impact, I'd be even happier!

    1. Re:I'm so torn by RazzleFrog · · Score: 5, Insightful

      They don't show you a copy of the contract but if it says Season and doesn't specifically say pre-season or spring training then Real has no case. The baseball "season" doesn't start until The Yankees play Tampa Bay in Tokyo on March 30th. I think even a 5 year old could tell you that.

  2. One of these days.... by Tangwei · · Score: 3, Insightful

    before I die, I'd love to see a company actually try to innovate, instead of sueing.

    1. Re:One of these days.... by pigscanfly.ca · · Score: 4, Insightful

      I tried that once
      Now I highered a lawyer (just jokeing)
      Small companies tend to innovate because they cant affored the legal mussle required for the sueing phase of business :-)

    2. Re:One of these days.... by catch23 · · Score: 4, Insightful

      I don't think innovation here is the point though. RealOne may have great innovations, but windows media is built into almost every computer that runs the microsoft windows. RealOne will simply wiped out because nobody will go through the trouble of downloading it if windows media is already available.

      Just think on the Linux side. Mplayer is a great player, but you have to download & install it. Suppose KDE included some great media player bundled along and KDE had 90% of the Linux desktop market. Who in their right mind would go through the trouble of downloading and installing Mplayer even though Mplayer might have better innovation??

    3. Re:One of these days.... by realdpk · · Score: 4, Insightful

      Right. One day, I'd love to see a company actually follow through with a contract. Oh wait, most do!

      This is a basic contract dispute. It's not Real suing out of the blue just because Windows Media Player exists.

    4. Re:One of these days.... by kfg · · Score: 5, Insightful

      So do I, but this suit has nothing at all to do with technology. It's a simple contract dispute over streaming rights.

      And a pretty stupid one, I might add.

      And it all really comes down to "content providers" such as MLB wishing to control the content from cradle to grave. The cost of this suit is to be legitimately charged against their unwillingness to stream in an open standard format.

      It's all about DRM and who gets to tell your eyeballs what they can and cannot look at, what they must look at, and when.

      KFG

    5. Re:One of these days.... by Cornelius+the+Great · · Score: 4, Insightful

      But litigation tends to pay off more nowadays (look at SCO, duh) than actual innovation. I hate to say this, but it sounds as if lawyers are cheaper than R&D costs for larger businesses.

      Let's face it, Real (tm) movies suck, and their streamed movies suck even more, especially over a DSL connection. I couldn't ever bring myself to even attempt to watch a game streamed with Real media- if any action (such as a ball being hit and camera quickly pans to wherever the ball goes) were to take place, the entire display turns into a mess of pixels, and I find it difficult to actually follow.

      I hate to say it, but MS's video looks better at the bitrates that I can enjoy (about 512k).

      To top it all off, Realplayer isn't free (except that the free version is littered with adware/spyware). MS mediaplayer is (provided you're running Windows, of course), and requires no payment or ads, outside of the video.

      Realplayer's suit in this case may have merit (if MLB didn't abide by the contract), but I wouldn't install Realplayer if they were broadcasting free porn, let alone baseball.

      --
      Sigs are for losers
    6. Re:One of these days.... by mjolner · · Score: 5, Insightful

      Worse than that - not only does one need to go through the trouble of downloading RealONE, what one gets with it is pop-ups and processes that run for no other reason than to remind you to buy their 'free' software and other 'news'. Like a previous post, I too am torn. Monopolies are bad, but Real is no good either.

  3. Can this be turned into a video game? by Bendebecker · · Score: 3, Funny

    Just imagine it: Major Leaguers with bats chasing down lawyers. GTA only with not so innocent civilians...

    --
    There's a growing sense that even if The Future comes,
    most of us won't be able to afford it.
    -- Lemmy
  4. What's wrong? by powerpuffgirls · · Score: 5, Informative

    I can't see what's wrong with the lawsuit. RealNetworks has a contract with MLB.

    Please note that Real is not asking MLB to only broadcast in Real, as the article stated, "MLB is free to use Microsoft's Windows Media format if it wants, but under the Feb. 8 agreement, it also must use RealNetworks' RealMedia format to provide live coverage of the entire baseball season, including spring training."

    1. Re:What's wrong? by YrWrstNtmr · · Score: 4, Interesting

      Depends on whose definition of season is used. What does the contract actually say? Specific dates, or just "the entire season"?

      Evidently, Real believes that includes spring training. MLB seems to have a different idea.

      Personally, I think the season begins at opening day, and ends on the last game of the regular season. The post-season start just after that.
      But then I don't watch/follow baseball, and I'd never bother to try to watch a game on TV, much less on the PC. Having it in Real format would make me enjoy it even less.

      Shame on Real for not being more specific.

    2. Re:What's wrong? by Weirsbaski · · Score: 4, Funny

      Please note that Real is not asking MLB to only broadcast in Real, as the article stated, "MLB is free to use Microsoft's Windows Media format if it wants, but under the Feb. 8 agreement, it also must use RealNetworks' RealMedia format to provide live coverage of the entire baseball season, including spring training."

      What's the problem? MLB could follow Real's footsteps in guiding the user to the preferred format. To find a web link to a Real stream, you have to click through a procession of fourteen different links, including three white-on-white-text links and one link cleverly covered by a flash animation.

      --

      I am not a sig.
  5. Real = RIAA by pholower · · Score: 5, Insightful

    Real is just doing what other failing industries are doing. Biting the hand that feeds them. Real hasn't been losing money because of MLB didn't want to renew the contract as it was previously, it has been losing money because it sucks. Large groups of people (no matter how stupid) will eventually pick the better format. I am not saying that Windows Media is the better format, but when you only have two options, Real or Windows Media, you be the Judge.

    --
    -- johntracy.com, because everybody else is wrong.
  6. Is preseason real baseball?? by MagicDude · · Score: 4, Insightful

    The disagreement is about MLB not using real to broadcast the preseason games, which Real believes is part of their contract. This kind of debate is something jocks can provide us the most insight on, on whether preseason is real baseball or not, on a technical and a meaningful level (Does the preseason really matter of affect how the regular season will go?)

    1. Re:Is preseason real baseball?? by iminplaya · · Score: 3, Funny

      No, real baseball doesn't start until the post season :-) During the regular season, it's called "hanging out in a giant beer garden and enjoying the weather"

      --
      What?
  7. How were neilson ratings gathered? by Hungus · · Score: 5, Interesting

    Since real has licensed QT codecs I wonder how they figured out who has what penetration? They must be looking at what people are using to view/listen to the media as opposed to actual installed user base.

    --
    Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
  8. Re:er math error by Goalie_Ca · · Score: 4, Funny

    We all know that baseball fans just love the superior xvid format as well as mplayer. Besides, compiling gentoo gives them something interresting to watch during the game.

    --

    ----
    Go canucks, habs, and sens!
  9. Real Supports Other Platforms by jpgrimes · · Score: 5, Interesting

    I think slashdot users should take note due to platform selection. I have paid for the mlb broadcasts the last two years since I could listen to the Redsox in Baltimore at home and work. Now, with windows media being the only stream being offered, I will not be able to listen to the broadcasts as windows media player doesn't support either my linux machines (or solaris the other OS I use). So MLB take note, I probably won't renew this year if media player is all you offer.

    1. Re:Real Supports Other Platforms by mhesseltine · · Score: 4, Informative
      Now, with windows media being the only stream being offered, I will not be able to listen to the broadcasts as windows media player doesn't support either my linux machines (or solaris the other OS I use). So MLB take note, I probably won't renew this year if media player is all you offer.

      Quick FYI: Mplayer's supported formats seem to include Windows Media formats. I've sucessfully opened ASF files and WMV files using Mplayer on Gentoo. I'm not sure about Solaris (I don't run it) but Mplayer's page on Solaris seems to indicate that it should work.

      --
      Overrated / Underrated : Moderation :: Anonymous Coward : Posting
  10. Misleading title by NanoGator · · Score: 3, Insightful

    "westlake writes 'According to the Seattle Post-Intelligencer, RealNetworks has sued Major League Baseball over its use of Windows Media. "

    Wrong. They're suing MLB for NOT using Real. This news would be mildly more interesting if MS told MLB not to use Real. But the article doesn't say that happened, so put your pitchfork down. I can't believe that's the headline over there.

    Actually, Real's probably in the right over this assuming the contract is as clearly stated as it is mentioned in the article.

    --
    "Derp de derp."
  11. Re:What's the other 37%? by Unoti · · Score: 5, Funny

    The other 37% is people clicking through pop-ups, getting notifications that another version of Real is available, and trying to figure out how to un-install Real player.

  12. Re:that's weird by stephanruby · · Score: 5, Insightful
    "now they can sue me for not using their software?"

    They can if you sign a contract with them saying you will.

    "will microsoft sue me for not using windows?"

    Same thing, if you sign an actual contract with Microsoft, then you're bound by that contract. We're not even talking about an Eula here, we're talking about a real bona fide contract.

  13. text of lawsuit by dboyles · · Score: 4, Funny

    PLAINTIFF, Real Networks, Inc. hereby does... ::Buffering...::Buffering...::

    --
    -- "Complacency is a far more dangerous attitude than outrage." -Naomi Littlebear
  14. Even dumber than it looks... by mtnharo · · Score: 3, Interesting
    Amazingly, this isn't even as heavy of a dispute as it sounds, according to the article, the entire lawsuit depends on when the "season" starts. MLB has been putting up audio streams of exhibition games in WMA format only, while Real is claiming they have to put up RM streams too. The contract states that they must use RM during the season. Apparently it's time for the courts to break out their dictionaries and grammar books. Does the "season" include the "pre-season," which technically is before, and not part of, the official "season"? Same with playoffs and the World Series?

    Even better, Real is desperate to hold on to this contract, since apparently the old contract (which granted exclusivity to Real) was costing them more than it brought in. Maybe they'll finally create a profitable business model? Hey there's a good one, Real posts a profit while streaming a Red Sox World Series victory...

  15. Re:that's weird by powerpuffgirls · · Score: 5, Insightful

    The whole thing is about marketing. If you have agreed to mention Blah Inc. during your press conference, but you failed to do so, you'll get sued. And it doesn't matter if you want to also mention Baa Inc., but you must mention Blah Inc.

    MLB failed to give RealNetworks such marketing presence, thus gets sued.

  16. Real's New Slogan by Anonymous Coward · · Score: 5, Funny

    Real Player: Free as in syphilis.

  17. Real media, Real proprietary by thirty2bit · · Score: 3, Insightful

    As much as I dislike the Micrsoft monopoly (Microsopoly? Whatever...), I dislike everything Real-associated.

    Besides the Spyware, besides having to go through heck to even find the free Realplayer on their site.... the galling part is anything you put into a Real format is stuck there. Just try and find some apps that convert their sound or video formats to some other format.... it's a challenge.

    Pot... kettle... black!

  18. I have prepared a response. by Raven42rac · · Score: 4, Funny

    I have prepared a response, I believe that (buffering, buffering, buffering) the case has no (buffering, buffering, buffering) ahh the hell with it.

    --
    I hate sigs.
  19. Market Control? by sPaKr · · Score: 3, Insightful

    How do you control a market? these are not commodities. A user can have all of these, or none, or any combination there of installed. Its not like an OS where the computer is running one OS at a time (side stepping the virutalizaton issue). So install base isnt a zero sum. Now you can distrubte the same content in multiple methods, so again this isnt zero sum. So HOW can you have a market share. Its not like the rating what people are watching as one tv can only be tuned to one thing at a given time (again side stepping PIP). Shouldnt it be the percentage of people that have the compatiable player installed. So for all internet connected client machines, X% have a compatiable WMA player, Y% have Real, and Z% have Quicktime. X, Y and Z have no corelation ( assuming players dont attack each other). So you cant 'control' the market but rather its a progess meter on how well you have been able to penetrate the market. It is completly possible for windows to have 100%, while Real has 100%, and Quicktime again has 100%, that would mean every client machine has all three players installed. If that is the case who has 'controled' the market?

  20. Re:that's weird by Geoffreyerffoeg · · Score: 3, Insightful

    Of course not. If you won't RTFA, RTFB (blurb).

    This is probably no different from one providing binaries but not source for a GPL application. You agreed to provide a format in your contract, you either do so, or argue that the contract doesn't cover that instance. And if you're smart you do so even if it isn't explicitly in the contract, so there's no chance of a lawsuit and you look good in the other people's eyes.

    Microsoft can sue you, and probably successfully, for not using Windows if Microsoft and you had contracted for you to sell dual-boot machines, and you start selling all-Linux machines.

  21. Real CEO is a baseball team owner, too by eggboard · · Score: 4, Interesting

    As I pointed out in a blog entry today, Real's chairman and CEO (and founder) is also a minority owner of The Seattle Mariners. Thus, by Real suing MLB, Glaser is -- in part -- suing himself. Why are no reporters covering this aspect?

    --
    Freelance tech journalist for the Economist, MIT Technology Review, Macworld, and others
  22. MPEG-4 != QuickTime by Branka96 · · Score: 3, Informative

    The file format for MPEG-4 is based on QuickTime's file format.
    The audio format and video format used in MPEG-4 are not Apple technologies. Heck, Microsoft unlike Apple is one of the patent holders for the video format.
    Try to play a MPEG-4 file using one of the more advanced profiles in QuickTime. You can't. Apple only supports MPEG-4 Simple Profile.

  23. Re:This is ridiculous. by LostCluster · · Score: 5, Interesting

    "Baseball season" is not a commonly used term at all. "Regular season" is the term you use when you want to describe period that excludes "preseason" and "postseason" games.

    Yes, the "pre-" and "post-" prefixes usually imply that it it's a time period outside of the usual unmodified use of the word... but in terms of sports seasons this may be questionable.

    The word "entire" or "regular" would have made this contract nice and clear. Since it isn't clear, that's why they go to court...

  24. Re:Offtopic but ... by AKnightCowboy · · Score: 3, Insightful
    On a Tuesday night they do a rock show, with Mary Anne Hobgoblin, and that is worth waiting up for. I have my awesome 5.1 surround system here, with great bass and minted high tones, but I cannot listen to it because they stream in RealAudio.

    The thing I don't quite understand is if these stations are just streaming audio (and usually just stereo audio at lower than CD quality), why don't they just stream it as mp3 or whatever Shoutcast uses? It works great on every platform I've tried it on and doesn't need some proprietary spyware-bloated application to listen. They could still offer a 56kbps for modem users and a 128kbps stream for everyone else. With video it becomes more complicated of course, but with broadband you might as well just use DivX or even mpeg2 to stream your stuff instead of proprietary codecs again.

  25. Re:Well... by higuy48 · · Score: 3, Insightful

    Coke doesn't have an exclusive contract that requires that Coke be served at restaurant X. It's as simple as that. I've seen a few other threads that went by your logic. The bottom line is that if the contract mentions the baseball "season" but not the "preseason," Real will lose.

    --
    And now, for a sig that's a complete copout.
  26. Re:that's weird by DFossmeister · · Score: 5, Interesting

    Next thing you know, they'll be suing Click and Clack from CarTalk. They recently dumped Real in favor of Windows Media because of the difficulty in getting the real "Free" Real player, and then all of the pop-ups it had. WMP was just easier and less painful to their customers and their mailbox.

    Sometimes MS does get it right, at least a little bit.

    --
    No Not Again! Its whats for dinner.
  27. Latest RealOne Player has *gasp* better manners! by g_adams27 · · Score: 4, Interesting
    While older versions of Real's media players (RealPlayer 8, older RealOne players, RealJukebox) were notorious for nagging you with content you didn't want, tracking your usage information, and making it hard to disable the above "features", the latest incarnation of RealOne Player is actually...

    <are you sitting down?>

    ...much politer and less slimy than previous versions!

    Well, OK, maybe not right out of the box. But at least you don't have to resort to modifying registry entries, deleting executable helper apps, or deciphering ambiguously-worded menu items to make it behave.

    Even better, a senior RealNetworks engineer has taken the time to provide a step-by-step guide detailing how to turn of all the annoying RealOne features!

  28. Lawsuit is Invalid by Stoggie · · Score: 5, Insightful

    The lawsuit should be ruled invalid. MLB bought a service. They don't have to use it if they don't want to. It's like If I don't play my old nintendo anymore even though it's there. They still have the option to use it if they want to though because they bought the option for the year.

    Real needs to stop complaining and be happy they got the money they got.
    Ps: Stop the lawsuits, we look like crap in other countries.

    1. Re:Lawsuit is Invalid by Spy+Hunter · · Score: 3, Insightful
      They don't have to use it if they don't want to.

      Says who? Did you read the contract? I thought not. It would be perfectly legal for the contract to require them to use the product, and that appears to be what happened here. The story says the lawsuit revolves not around whether or not MLB is obligated to use Real, but whether spring training is a part of the "baseball season" as defined in the contract. There is apparently no question that the contract does obligate them to use Real to broadcast the season.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
  29. The other 37% by Anonymous Coward · · Score: 3, Interesting

    who has the other 37% of the streaming video market ?

    I'd guess standard MPEG video. Not even MPEG-2, just plain old MPEG-1, like on a VideoCD.

    If you check out pr0n sites, standard MPEG-1 is a very common format for pr0n video download. Uh, not that I would know... I heard it... somewhere... um, gotta go now.

  30. More fucking whining from Real by c0d3h4x0r · · Score: 3, Funny

    They can't win in the marketplace by using their spyware tactics or actually creating a quality product, so now they're trying to remove the ability for businesses to choose any technology other than RealMedia. The obvious desperation here is sickly comic.

    I think we should load SCO, Real, and George W on board a European mars probe and launch it, with specific instructions to crash-land on Mars and never be heard from again... after all, Bush wants to go to Mars; SCO could finally find fossil evidence to support their claim that their propriety UNIX code is the basis for all life; and Real could start streaming video to outer space, instead of to us here on Earth.

    --
    Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
  31. Multicast by MrChuck · · Score: 4, Interesting
    I listened to the Stones and to Severe Tire Damage(*) back in 94 with MULTICAST. C'mon people! This streaming crap is over, it's so NCP, so microsoft.

    It's just ungraceful and inefficient. Oh wait, I already said microsoft.

    Yes, you need a format. Some might suggest OGG, or mp3, but AIFF would work just fine.

    From the source, the sound leaves ONCE!

    If I listen to it, my little request packet heads towards the source. The routers along the way get the notification that I want to listen to M'Cast address xxx on port P. I get to the source as the first person. There is now a "stream" running to my machine.

    If my neighbor decides to listen, her packets go upstream and hit the router we share. DONE, that router gets 1 stream in and sends it to both of our machines. (where right now with stupid cast, it gets 2 in and sends one to each machine). 50,000 people on comcast listening? Fine, the comcast cloud gets 1 feed in and sends them through the it's cloud to 50k people. If 20k are in austin and another 30k are in boston, then a stream goes to each city ONCE and the local routers send them to all the people.

    Grace; elegance.

    Neither Real nor MS would know crap about that, eh?

    -

    * STD was, in fact, the FIRST BAND EVER to be played on the Internet's MBONE when they were playing at a picnic at PARC(?) at Van Jacobsen was just looking for something to blast out nearby. Google found me this. I'd hate to actually work to find this stuff...