The Dan Le Batard Show with Stugotz - The Sporting Class: Inside the Risky Business of Streaming Games Illegally
Episode Date: October 22, 2024Welcome to The Sporting Class! Meadowlark Media CEO John Skipper and Nothing Personal's David Samson are back with another episode with host of Pablo Torre Finds Out ... Pablo Torre! Today we to... you to the deep sea. The water world of the unjust. The streaming land of treacherous souls. We’re talking about the world of online pirates. Streaming Piracy has cost major sports leagues billions of dollars; so they say. Is there a way to put a stop to this? Are the pirates always going to win in the end? How angry are these major sports leagues about this issue? It’s time to find out. Learn more about your ad choices. Visit podcastchoices.com/adchoices
Transcript
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Welcome to Pablo Torre Finds Out. I am Pablo Torre, and today we're gonna find out what this sound is.
Thinking that it's a nipple when it was an elbow, we've all been there.
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Nah, not quite.
What's up?
Ah, sell my car in Carvana. It's just not quite. What's up? Sell my car in Carvana.
It's just not quite the right time.
Crazy coincidence.
I just sold my car to Carvana.
What?
I told you about it two days ago.
When you know, you know.
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I'm even dropping it off at one of those sweet car vending machines and getting paid today.
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Great deal.
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You're being recorded.
Whatever you were about to say interests me greatly, except you clammed up so fast.
Normally it's the opposite.
When they say we're recording, we're supposed, except you clammed up so fast. Normally it's the opposite.
When they say we're recording, we're supposed to snap in and do something.
Great. Are we recording?
Koke is saying that.
That was for Skipper.
Was that recorded?
Can the listener hear what Koke just told us,
reminding us that we are being recorded right now?
Only if we release it, I think.
I do think we're still, since we're not,
I do not think we're broadcasting live, are we?
We have a safety net that is full of holes.
I think somebody's likely listening now live.
Really?
We just don't know who they are, where they are.
They're probably in their skivvies.
I think LeBittard watches us.
Just from Miami.
I think he has like a control panel and he spies on us.
You would, I spent some time with him this past week and yes,
he is shockingly in tune with what's happening in his networks and with his shows
in weird times of day in weird ways with different.
He has some IT issues, so it'll be on an iPad, but also a phone.
But then when the phone rings, it rings like in four different rooms in the apartment.
Right, right. His AOL address will send me a photograph of a security camera of me reading a book.
And I'm like, what?
I'm not joking.
I'm not either.
Yeah.
That's not right.
Fortunately, I live the kind of life that it just doesn't matter if anybody's spying on me all the time.
I've always felt that way. I always do everything based on is my dead grandfather watching.
How's that gone?
Not great.
I can't imagine he's calling his friends over and saying,
look at my grandson.
I'm so proud.
He's washing his hands for the 49th time today.
Oh, that's not even what I was referring to,
but that's very nice of you.
It's not relevant.
What do you mean it's not relevant?
All of this is relevant.
This is a show about David Sampson and John Skipper and me trying to, you know,
Punch and Judy, you guys.
Is that a reference that kids know?
I don't believe so.
You know, those, those.
I think it's more whack-a-mole is what you do when you're with us.
Is, I think Punch and Judy is in the undercard, right,
of the next Logan Paul fight.
Logan Paul, what a brilliant, brilliant marketer.
We're not going to do that right now.
I'm just saying that I think you guys together to discuss is a topic that I have received more
inquiries about quietly, privately, more than any other.
Because streaming illegally, piracy in sports viewership.
John, I want to throw some numbers at you as the former president of ESPN, a guy
who ran Dezone, a sports streaming company. The claim is, and this is now
from a combined NFL, NBA, and UFC statement from last year that live piracy has been costing
the global sports industry up to 28 billion dollars with a B in potential
additional revenue annually. And of course any young person knows that this
is happening all the time everywhere and we'll talk about that too. But what is
your knee-jerk response to just the scope of the problem and that number? Well, that number is bullsh**.
And far overstates the issue, which is not trivial, but according to a study from CineMedia,
which sells anti-piracy tools.
So they have nothing but incentive to make you believe there is an enormous economic benefit to buying their tools.
Now it was and the media research firm Ampere analysis.
They, my guess is they are calculating this number
by looking at the number of illegal streams consumed
and calculating that if every one of those people actually paid the money
they were supposed to pay to receive that legally, that would add up to $28 billion.
Most people sourcing illegal streams are not deciding, hmm, do I pay $100 for that fight
because I'm thinking about it, but I could get it for free.
Most of those are people who would not pay $100
for the fight, though it is pay-per-view UFC fights,
boxing fights, for which this is the biggest problem.
And it is a big problem.
They do lose money.
I do not believe, and who did you say the three, it was NFL, UFC.
It was the NBA, the NFL and the UFC.
I don't really believe on a Sunday that there are a whole lot of people sourcing
through their computer and illegal streaming of an NFL game, because it's
just too ubiquitously available and ubiquitous.
For 800 bucks on YouTube.
Uh, for the price of, for a $7 Steina beer in your local tavern.
But, well, this is-
Or by the way, free in your friend's home.
I just, I just don't believe, I'm not trivializing the theft of intellectual property.
I worked at the Walt Disney Company.
We took that very seriously.
I worked at Dazon.
We clearly leaked revenue because people-
Exactly.
I'll give you a fun example.
We had the several Anthony Joshua fights.
We put one of them on pay-per-view in Nigeria. He is
arguably the most popular athlete in Nigeria. We expected to get, I think we
actually had quite an inexpensive price, two or three dollars, which however is
not trivial for many Nigerians. But I remember looking every hour to see how many
people from Nigeria subscribed.
I don't think we hit a hundred.
I'm not even sure.
A hundred people.
People.
I'm not even sure we hit 25.
And more than a million people did watch it illegally. Now, how many of those people do I believe would have bought even a two or three dollar
subscription?
Almost none of them.
And so I don't believe there's this $28 billion pool of money that is going to somebody else
or is available for these leagues to scoop up if they could simply find and
stop this piracy.
I favor finding and stopping this piracy.
In the language of the day, they should be found and they should walk the gangplank after
being drawn and quartered.
Pirate maritime justice.
It's good to talk the way John talks because when he's doing his financials for DZONE,
you have to look at are you budgeting revenue from Nigeria in order to make it work,
what you're paying the fighters and paying your overhead, etc.
And my guess is what John will tell you is that from a Nigerian revenue standpoint,
that it was not a huge part of their P&L.
If, however, a large part of their P&L,
which is let's say European revenue or American revenue,
that there was leakage to the point
where they were no longer comfortable
with the amount of leakage,
you can bet your bips that you'd have a different view.
Now I recognize that you don't necessarily wanna budget
at Dizone, but at Disney,
the budget that you had to protect want to budget at Dizone, but at Disney, the budget that
you had to protect against piracy was huge.
This is anecdotal, but do you agree that there were a lot of people at Disney who were focused
on people who are stealing both from licensed products to streaming to everything?
There were significant resources put against piracy which was
most acute in those days in DVDs which would show up just from the low
technology application of somebody's phone in a theater where... I remember
those days. No, and it was acute for instance in China. In China you could buy
the Little Mermaid.
In the Philippines, I would go over there
to visit my relatives and I'd go to the mall
and there would be entire cases of DVDs of every movie.
So you can't fight at every front.
And so when you're a company and you're deciding
who are you going after, you're not going after the stores.
It's like Fendi not going after the people on Canal Street here in New York. They don't love it. They're not happy with Canal Street,
but they've got a lot bigger fish to fry. And the Nigerian stealing of revenue, it's
the, sort of the Rolexes on Canal Street. We're going to leave it be and we're going
to write it off like retail shops write off as a cost of goods sold. They write off stuff that gets walked out the door.
But I want to point out that streaming as it is pertaining to young people is omnipresent.
And there are a bunch of websites that have been named in the news.
Dana White has gone to war against at least one of them.
Stream East being one of the most popular platforms.
This is from September.
Dana White saying, trust me, we know exactly how to combat piracy.
I won't tell you extensively what we do every event,
but we go after piracy hard and threaten prosecutions,
all of this stuff.
And so I just want to point out that this seems like a very difficult problem
to comprehensively address.
And so, David, if you're running a team, if you're working for a league,
what is the appropriate approach then?
Well, I'm spending money. Let's, and I want to just segue to Wall Street.
They spend billions of dollars of their P&L every year is against, protecting against hackers
because they want people to feel safe when they are going online and doing other online banking.
It's a business that 25 years ago they were spending 20 million on and now it's billions per year is the budget
to try to be one step ahead of hackers which as you know is hard to do. When you go down to leagues
it's been 50 years of leagues having boots on the ground at the world series going around and
shutting down the people selling stuff across the street that's unlicensed apparel. The merch,
you literally walk up to them, you take all their stuff,
and you send them away.
You sometimes can use the police to corral them,
they never get charged,
but at least they're gone for that particular game.
You've got people who are doing it.
The reason why you can't bring water and food
into many arenas or into a movie theater
is we want you to buy your stuff from us. So it naturally will have
people selling water and candy and popcorn outside of an arena. You can't stop everything. Piracy of
streaming. You say it's not 28 billion. Okay. I will take the over on 20 billion. And the reason
I will take the over is that your Nigerian example is a good one.
But let's talk about here.
Let's talk about where the rights fees happen.
There's so many young people stealing
what they have no right to have.
And they can't go the route of just letting it go
because it is way too much money.
I didn't suggest that.
But I did suggest that to me for the NFL, it's the equivalent of
Canal Street. Most people are watching on a television set at home, in a bar, in a
friend's house that has a legal signal for their game. They do care a lot about
it, but it's not easy to find.
I do find it interesting that Dana White
is among the most vocal about this
because I do think proportionally
he has a lot more to lose than NFL
because a pay per view event is probably in sports
the most pirated thing.
The NFL thinks that it's Canal Street.
I would only point out that if Canal Street, the people who were selling those fake bags
and watches, if they relocated out of Canal Street and were doing what they're doing in
front of big box retail stores, I believe that all of a sudden Fendi would be far more
interested in shutting that down.
So the NFL, they may not be worried today, but they are.
I really do believe it because it's not as big a percentage, but I think that they've
got to very much invest in protecting that it doesn't get worse.
And my view is streaming is getting worse, piracy not better, which is why they're spending
money to stop it now.
It certainly is getting worse. Are you suggesting there's potentially?
20 billion dollars of
Incompetent revenue, let's say you shut it all down tomorrow
Just somehow magically you got Aladdin's lap and the genie could grant your wish to shut it all down
It would even be my fourth wish but anyway
I don't think the NFL would see a billion dollars
Every bit of streaming would add up to over 20 billion dollars because it's
everything every bit of streaming would be movies it would be music it would be
if sports if they review it theoretically adds up to 28 billion
dollars of hypothetical revenue how much of that revenue do you think would
actually convert if you could not if you could not stream?
50%.
So here's some just surrounding bits of data, right?
To inform this parlor game, which is that StreamEast
reportedly as of August, 2024, when it was seized,
and again, it's hard to whack-a-mole these places
because of VPNs and because they can go to countries
that have of course more legal protection or at least are far more hidden from American authorities. But
Street Meast had over 15 million monthly visitors. They have a strong focus on American sports in
particular. In the Harvard Business Review, just another piece of information here, and again this
is a privacy tracking firm, VFT as aforementioned, they estimated that 17 million viewers watched
the Super Bowl this year on illegal pirate streams, and a
2023 survey of 3200 NFL fans, so again, just 3200 of them, found
that 35% reported that they regularly watch NFL games on
pirate streams.
And so we're ready yet.
So I'm not worried. I think it's all heinous.
Don't misunderstand me.
But do I believe
35% have used
a stream. So when you had
18 million people watch a game on Sunday,
do I believe if there was no piracy,
suddenly that number would become
24 million? it would not. I have lost 10 pounds.
Have you?
Yeah, using my Peloton.
I've had the Peloton in my house.
So my daughter, she wanted me to get a Peloton.
I did.
She used it a couple of times.
But once she left to college and the Peloton
was just sitting there in my office and it wasn't being used,
I said, you know what?
I got to use this.
And I have lost 10 to 12 pounds, Billy.
So I started using Peloton as a bike.
Obviously, that's what they're known for.
But recently, I discovered all of the other classes
that they have.
They have a series of weightlifting classes.
They have programs, which for me, the programs
is great because I don't have to think about what I'm doing.
Because if not, I just go and I pick a class at random and I don't know that I'm actually accomplishing anything.
I would like some recommendations on classes because I keep going to the same class.
Okay.
It's the Grateful Dead class, by the way.
You do like a four-week core program with Emma Lovewell.
I would recommend that one.
Okay.
Anyone can do that. Any level starts out, you know, easy and then you work your way up
and then there's like a core program two that you can do after core program one,
if you wanna do that.
Yeah, if you graduate.
Wait a second, you have to graduate course one
to get to course two, the harder course?
Well, you can start a course two if you want,
but I eased my way in, I did course one first.
Then you can do some strength classes with Andy,
love a strength class with Andy,
he really puts me through it.
I get up and I'm like a sweaty mess.
And I'm kind of disgusting and I love it.
You know anything about Peloton's Dugats?
What? Peloton coaches, they walk the walk. Really? Yeah. Do they talk the talk? They
have sub three-hour marathon runner coaches, they have military trained
athlete coaches, former college basketball player coaches, and so many
other well-rounded coaches on their team. All this experience really shows in
their classes. You're never short of challenging. You can do some resistance band classes. I got some resistance bands
lately. You're my teacher. Am I? Yeah. You know, no, I'm not. Well, I just go with the
program so that I don't have to think because I don't know. I don't actually know what I'm
doing. Anyways, what's the like Mr. Olympia, right? Is that what it's called? Yes. The
one where you go and you're like lifting like shining boulders. Yeah. Hey, we should talk
to Magnus again. That's Mr. Olympia. Yeah.
Yes.
What did I say?
Olympus.
Did I?
I don't know.
Anyways, find your push, find your power with Peloton at OnePeloton.com.
The question of like, would these people be converted into paying customers speaks also
to the heart of just young people
and their expectations for what it means to be a sports fan at this point, right?
It's just so easy.
There's no friction.
You just Google or go to a Reddit or a Discord and you'll find the link.
But which of the companies today takes this the most seriously when it comes to leagues
or broadcasters or or distributors?
Well I think we agree it's likely Dana White because he has an entire system in place but he's also just more public about it.
There's a huge budget within Major League Baseball to protect against piracy and illegal licensing.
It's millions of dollars and if you add it up it becomes all the leagues, all the different people, all the different studios. And I just, it's reprehensible to me
that people have an expectation to get something for free.
There is no reason in the world,
and John is laughing because it's his dream.
His dream somehow is to pay people to perform a service,
but then the people who engage with the service don't have to pay for it. That's how you get crushed. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. No, no. Look, I like people who jump turnstiles. No, I think it's wrong
I think it is unethical and they should if it were possible be called and punished when you suggested that
Baseball's budget was millions of dollars. I believe that you have but is it tens of millions of dollars?
It's going to be that's the whole point is it's growing because they can't stop it
But it's an interesting question though, right?
When you say turnstile jumping, of course, yes, that's wrong.
But the question then becomes, well, how much do you put towards the theater of stopping
those people?
Or is it the actual attempt to stop them?
It's theater.
It's theater.
It's hard to do.
But the money that's lost though, John, and this is what I'd like to think about it. It's the top keep trains
It's to keep you safer. It's to have more trains on time. They need money
Again, my amusement is not because I find it to be
Acceptable behavior. I do not I was I
Personally found it extraordinary
reprehensible when many, many of my
friends thought logging onto Napster and stealing music and that's what it was.
And when I would say to them, you know, you're stealing music.
It's the same as walking into a store and putting three
CDs in your coat pocket.
Would you do that?
They're like, no, that's bulls**t done.
It's not stealing.
And they're charging me too much money anyway for a CD. So I'm just getting back. I'm taking...
But where I was going to go with the money baseball spends is if indeed, if indeed NFL
fans on a regular basis, a third of them were stealing, that would be worth billions
and billions of dollars.
If that was the case and it was a doable activity, their budget would not be millions.
It would be hundreds of millions of dollars to recover that money if they could get it.
I'm suggesting they know that they're spending an appropriate amount to try to keep it from
appearing to be just a trivial activity to set an example, but they're not doing it.
Roger Goodell didn't get from 10 billion to 25 billion by shutting down piracy.
And he's not going to get, in my opinion, he's not going to get from 25 to 30 by shutting
down piracy.
I want to give a shout out for once to Dana White.
He is right.
He is every, I am, despite my smile, just as unhappy and it hurt us at his own that
people were stealing our signal.
It was detrimental to our actual bottom line, but that is where it matters. It's a hundred dollar event.
People that gives them pause.
I don't think anybody has any trouble figuring out where to appropriately watch an NFL game
on Sunday.
The reason why you go to a dermatologist once a year is to find something before it becomes
stage four cancer.
And so the investment that companies are making, while it may not be the end of
your revenue model today, you can see it from here. Just like you can see a spot that can
all of a sudden become a real problem. And that's why all these firms are investing and
why all these firms are popping up that selling their wares is, hey, we can help protect you.
This is a real now area of business and an area of concern.
And it's not too early to be not panicked,
but diligent is what I would say.
I don't think you're wrong.
And if we think back, I use the Napster example
of something that bothered me that didn't bother lots
of my peers and friends.
I illegally downloaded a lot of music in college.
Shameful.
I never did.
People would say, why don't you just download from Napster?
I never did it.
And by the way, your point is correct.
Napster ended up destroying billions of dollars of value
in the music business.
Because what was the solution to Napster?
The solution to Napster was a very, very, very inexpensive
streaming service from Apple that gave you all the music
you could steal for, I don't know what Apple music was
when it came out.
Well, it started as 99 cents a song.
The newer songs, like $1.99, but now they've made it.
If you just buy for 12 bucks a month,
you can get any song you want and frankly now you don't even need
to download songs you could if you have Wi-Fi you can just listen right to two
songs and there's so many different places but it has crushed the music
industry Apple music now 1099 a month for individual subscription and if you
could have the the problem too we another thing, is just the difficulty of
finding and prosecuting these people.
It is really, really hard.
And if the music business could have found them, stopped them, they would have.
Instead they had to change their entire business model.
So your point's well made.
The sports leagues do not want to find themselves in the same position the music companies did,
and they are investing to try to find ways to catch them.
They should catch them.
Again, Dana White isn't dead right.
I would happily watch a pay-per-view special with Dana White marching pirated pirates to
the gangplank and into the shark-infested waters, I think
is a good idea for a Netflix live show.
Very Austin Powers of you.
So just legally speaking, it's worth noting, 2020, the Protecting Lawful Streaming Act
came to be part of the Consolidated Appropriations Act of 2021, signed into law
on December 27, 2020, increasing criminal penalty significantly for those who do
these things. Previously, notably, illegal streaming was treated as a misdemeanor.
Under the new law, the DOJ, Department of Justice, can bring felony charges against
providers as opposed to users of such
illegal services and the question of course is well who are the who are the
the kingpins here who are actually organizing all of this stuff good luck
finding them I mean there are documentaries about people who are
overseas and in countries and they're sitting in their basements and they're
doing a lot of things to disrupt we are in the age disruption, where people are able to hide behind keyboards and hide
behind their technical skills.
And my view is that you have to keep going after them, even if you know it's one finger
in the dike of piracy.
And of course, there are bigger actions that could be taken and there are companies that
are culpable. You could go right now onto Amazon and buy yourself a fire stick which
without which can help you steal signals and they will not discuss why those
should be taken out of their available things to buy.
Can't you build a bomb with stuff you buy off Amazon?
Okay, but the philosophy of this is an interesting one.
It's the question of, in this part of the tech company ethics philosophy course we're teaching,
what responsibility does Amazon as the proprietor of the biggest store in the world have
to regulate products that in this case are a one-stop shop
for a jailbroken fire stick with all the software you need
to stream illegal content.
I'm not gonna blame a company as much as I'd like to
for people who misuse the products.
There is a thing for, you can go to a drug store
and buy certain, for example, can you imagine
if you couldn't sell cough syrup anymore
because there are people who drink it when they're alcoholics? Now notably they
do lock it behind glass now. They do make it harder to attain. It is one of the more difficult
discussions in our culture right now which is are you as a distributor of
content through some kind of technology?
Do you have any responsibility to make sure that content is?
Accurate is not inflammatory cannot be used to defame people and
the big tech companies have hidden for many years behind the I
companies have hidden for many years behind the, I don't do anything wrong. The fact may be that people are doing very bad things with this technology.
But by the way, the greatest, I'll give Dana White a shout out and give Elon Musk the middle
finger.
He thinks it doesn't matter what he puts on his own personal social media site
that he has up and running. He thinks he has no responsibility for shutting down
information which is patently false, inflammatory, and being used against
people including those poor folks in Ohio who are not eating cats and dogs.
Do the people who build highways have responsibilities
because people speed on the highways and there are crashes?
Absolutely. If you have an accident on a highway and you want to sue,
but you want to because they have, if you want to sue because you run into a pot hole,
you can sue, you can sue the city of New York.
I meant the DOT with going too fast and you get into an accident like Jack Dougherty,
who exactly is texting and driving.
The YouTuber.
Do I have the name wrong?
Yeah, Jack Doherty, point taken in terms of that gobble.
I just, you're gonna blame, listen,
I'm not a fan of Elon Musk, don't get me wrong,
and I'm tired of him in my timeline when I don't follow him,
but I'm not gonna blame someone who provides a place
where people are conversing.
Threads was started started but then sort of disappeared
because people on Twitter or X are looking for news.
We could stop Twitter right now.
All of us could, except we're all on it.
We're all complicit and we're all getting information from it.
So the question of content moderation
and the question of responsibility as, again, an online store or an auto manufacturer,
which has been beholden to lawsuits in terms of safety, right? And also just to get the full
scope of the American experience, the immunity that gun manufacturers have in terms of what
their customers do once they obtain them, all of this stuff is a hot zone in terms of what what their customers do once they obtain them all of this stuff is a hot zone in terms of
legal scholarship and you could argue in the latter case that I mentioned
incredibly
Incomprehensible as to why they are immune except for lobbying efforts that I imagine brings us back to the power that certain tech companies
have when it comes to what's happening the
gun
manufacturers are the only manufacturers of any product
in our country who cannot be sued.
Can you imagine that? It is the most dangerous thing you can buy.
Plaka is the law that we did an episode about this with Jason Kander,
and it's, I recommend it to anybody, but to John's point, yeah, this was
government legislation
that protected gun manufacturers in a way that continues to haunt America.
But I now officially digress from all of this.
David, I want to bring us back though to like something that I want our listeners to understand,
which is the people who run sports, okay, are they trying to put
the person at home, the fan, or what they believe themselves to be, under a new definition,
a non-paying, pirating a stream fan, in jail?
Right?
Like, what do they have to fear here?
They have to fear that the platform they're using is going to disappear.
If I'm a league, I'm going after the platform.
It's like when you're going in the mafia,
you're trying to get people to turn
and because you're trying to go higher up the chain,
that's when you give immunity to people lower on the chain.
The end consumer who's stealing, sitting in their skivvies,
watching pirated stuff, they're not going to jail.
But the websites and the URLs,
which is the platform they're using,
that is really what you're focused on.
And of course, that's the whack-a-mole,
where you're done with one platform, you go to another.
I agree with that. It's worth mentioning
that to my knowledge, the most successful company
at protecting their sports streaming from piracy is NBC
Comcast during the Olympics. They have a very active, very well resourced effort
to immediately get, and an army of lawyers to get platforms to immediately
cysts and deceased bring down those illegal streams because right now you
can they all have the obligation to take the stream down but if you see
something you think is wrong and you're at a small you know minor league
baseball team and you try to figure out how you know, uh, minor league baseball team, and you
try to figure out how to get that taken down, you won't, you will not get a
reaction before the game is over.
The NBC guys and somehow it bears studying and looking at what they do.
Resources.
It's resources and it's also the hard intent that we're going to go after.
It also helps of course that it is an enormous audience for 17 days.
Really hard on a pay per view fight where your actual window might be a minute, might
be 11 minutes, might be an hour and 15 minutes because that's the duration.
But under that theory it would be okay for the NFL and the Leagues to do it because you
could pirate week one through three, but weeks four through 17 or 18 you would lose the right.
No, no.
Because you're saying that the 17 days for a pay-per-view fight, it's three hours.
By the time you get to it, the fight's over?
No, no.
It's because it has to be done exactly at that moment.
Right.
So they resource for the 17 days a large number of people who are finding those
sites, a large number of lawyers who are firing off cease and desist letters.
I'm sure they've been in conversations before the 17 day start with lots of
people to say, you're going to get
this and we expect you to act upon.
I think the NFL is in the same position though.
Well they are in the same position but what you do on day one doesn't stop somebody from
stealing on day two, three, four, five, six, seven.
Because this is, it is as you point out, whack-a-mole.
They just keep coming and this concerted effort does make a dent.
And I probably, I guess, I do not know this, that the people who do engage in this activity
may not find it worth their while to spend a lot of time trying to disrupt the Olympics
because they have made it clear they're going to find you.
I don't think they prosecute a lot of people.
So it's a deterrent. So now we're talking about something even more interesting to me.
Well, I also want to ask...
I don't know that, but your implication that it might be is probably accurate.
So just some more surrounding detail here, right? So of course, yes, UFC, NBA, NFL, their
shared experience for this reporting is that many of these service providers, the
internet service providers, take frequently hours or even days to remove content in response
to these takedown notices.
And of course, for a fight, only have so much time, first round knockout, maybe you've already
also therefore been knocked out yourself.
Comcast, though, when you talk about NBC, it's not merely their immediate company, they're
also Comcast, right?
So how does that affect what they are able to do?
I'm not sure I understand that.
I would assume it's pretty easy to get it taken down.
They're calling themselves.
Yeah.
It's one department calling its own other department in the same company.
But remember, a company is as big as that.
You never have any privity to certain parts of your own company.
It's so huge.
But in this case, it's far easier.
But the question is, are they getting things taken down,
Comcast, at a better rate than Optimum or Spectrum or other such platforms?
I don't, I obviously, there's no numbers on that that I've seen.
I've not either, but I would assume that the major streamers,
the ones you just mentioned, are the best at this.
I would assume that a lot of this activity
happens on secondary and tertiary internet providers.
I don't believe that because there's an existence
of the dark web that that puts into jeopardy
what we do in the regular web.
There's always gonna be a nefarious action by people
whenever there's anything.
And this didn't start with the internet.
This was going on with satellite TV
when you could get a fake card.
Can you explain the days of stealing cable
for the people who may not remember what that meant?
This is a real thing.
It used to be. This is how it all started.
Where you only had a few channels,
then cable happened and you could get
Like HBO after dark which was of great interest to people your grandfather
Love it. Skinamax great interest to people
Channel 35 in New York Channel J for those New Yorkers out there. What was Channel J?
Al Goldstein Robin Byrd
Curious George you're gonna pretend you've never heard of Channel J.
Ugly George?
It was not Curious George, that's the monkey.
That's the monkey.
I like that you're pretending you don't know.
This channel sounds real weird.
So you've never heard of Channel J?
No.
No, we were on Channel J on midnight.
Oh, oh, this is the public access.
Yes. Public access.
And midnight blue.
Midnight blue, you would see Robin Bird naked.
Not that exciting, by the way.
And there was a guy, what was his name?
Ugly George.
Ugly George.
Ugly George who would troll the city with a camera on his back
and invite women to accompany him to what he I believe referred to as the Polish penthouse.
And shockingly enough... Iingly enough, the old ridiculous college theory that, oh,
if you just ask enough people at a bar, someone will say yes.
Ugly George actually put to the test.
He also was ugly.
And he wore a little, he wore a little short pants,
jump suit, without sleeves,
was kinda had hairy underarms, a bad Richard Simmons.
Amazing how much you know about Midnight Blue,
I'm loving this.
He wore, it seems,
Everybody knew about this.
It seems a backpack with like a dish on it of some kind.
That's how you had it, bro,
you didn't have your phone with you.
There were no phones.
And not only were you accompanying this very unattractive man in very bad clothing to a
mediocre apartment, but you were being filmed and then having the action distributed.
It was not hardcore pornography. I will say that it sounds like a lot of what YouTubers are doing now.
It sounds like it is the spiritual forefather of the aforementioned people who may or may not be crashing their luxury vehicles
in a rainy...
All of these shows that we're talking about that were a long time ago that many of which were watched through squiggly lines
when you did not have the channel.
Retreating to give you a sense of what part of the body
it is and thinking that it's a nipple when it was an elbow.
We've all been there and well, I've been there.
I don't want to speak for everybody else
and I'm fine with that.
Think about what that has led to.
It was a huge business then.
I had a kid drop out of...
I get the sense that you didn't care if it was an elbow.
There's a lot of the...
There's no reason that's the whole point is that nowadays I care greatly.
But back then you have to work with what you got.
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bets when you bet just $5. Only on DraftKings. The crown is yours. I I want to read this New York Post headline and bring us back to what I was actually asking
about because the headline is just to validate your collective memories.
New York's public access TV was a cesspool of soft core porn.
And it goes on to explain in great detail all of this stuff the nascent days of cable television
Giving rise to yeah access to people to make shows and of course this sounds a lot like the internet the more we talk about it
Stealing cable though
This was John for you at ESPN. Did you guys worry about this?
At ESPN not much. Why not? this? At ESPN, not much.
Why not?
First of all, he meant people were stealing signals.
A hundred million households were paying for K, it was a calculation.
And as David said before, it was a calculation that putting resources
against stopping people from pirated, from pirated signals was not potentially material.
Now, there was another precursor,
which also people kid themselves if they're not stealing,
and they'll be offended when I say it is stealing,
sharing your password inappropriately is stealing.
So this is now-
It's 100% stealing and they're shutting it down.
That Netflix, of course all the streamers are contemplating.
This is the perfect example.
I don't know why it took so many minutes
for my brain to get there.
Netflix, in the beginning, hey, it's fine.
We know people are sharing passwords.
It's not costing us too much.
We're gonna let it go.
And then there was the inflection point.
The inflection point was, wait a minute,
we're gonna change it.
And it made a lot of people angry,
feeling that though they deserve to be able
to get Netflix everywhere.
And you're talking to a Hulu customer who has to have two different accounts in
various places because you cannot share amongst locations even yourself. So that
inflection point you say ESPN didn't worry and I would argue Disney was
worrying while you were not. Probably were and And by the fact, I am slightly wrong in that there was a colleague of mine
named Sean Bratches, who was prescient about this and said, we should be
worried about this.
We could drive some incremental revenue.
Um, he was somewhat shouted down and I bet it happened in Netflix as well with
look, we're actually better off that more people are watching.
So it's okay.
We did introduce a college program where you could get,
you could get an inexpensive ESPN
because one of the greatest abuses of it was
as your kids went off to college,
you just let them keep using your password for your cable television.
So it had come up. So I stand a little bit corrected. My memory has been a little bit stimulated.
And indeed, there was some discussion about it, but it wasn't viewed as an acute problem, right?
You can only prioritize so many things.
I think it was right, by the way.
And I do think, you will note that it has helped Netflix
and its relationship with Wall Street.
They were happy to see this.
I think it has been cited at earnings calls
as one of the reasons that their revenue is going up.
I'm shocked into silence.
Charging people for a service, it's outrageous.
So this was earlier this year, yeah, and this was about.
Nobody's gonna quarrel with you, David,
that charging for a service is an appropriate thing to do.
I'm just gonna slightly refocus the issue.
The issue are the number of people who think gaming that system is okay. There's always going to be people
who think gaming the system is okay, but it's our job to figure out when the
point is that it's too much. I do want to express what I think is a
populist sports fan view on this, which is Sports is making more money than it ever has
right, this is the equivalent of
Taking the pennies out of your sofa cushions
You guys being the people who run sports and what they're saying is isn't it also?
What you want to go to what you alluded to there John right the right? The reason why it is smart for, and leagues have had varying policies on this, why it's
smart for leagues to not crack down on posting short clips that people post online of your
product is because this is advertising for your product.
And of course, some leagues have been better at that than others.
Some leagues are more litigious at that than others.
But doesn't it also amount to some marketing argument of like more people are
consuming your thing, you're more important.
This is all going to bounce back to your to your sofa cushions in the end.
No, it's the Canal Street argument.
The people on YouTube or TikTok who are using the little things and getting,
you know, 20,000 views or whatever they're getting.
That's the Canal Street Fendi.
But you all of a sudden get someone. getting 20,000 views or whatever they're getting, that's the Canal Street Fendi.
But you all of a sudden get someone, the reason why CBS Sports HQ cannot do certain things,
they don't have the rights to it because the NFL, as an example, has very significant rules
of when you can show highlights, when you can't.
And CBS obviously has NFL, but with MLB they don't.
So there are times when you can show a highlight, times you can't.
There's the number of seconds you can show a highlight.
Oh, just so people understand, every bit of video licensing
is negotiated.
And it's a huge business for the provider of the content.
You are a provider of content, Pablo.
If no one thought that your content was worth anything
other than free, that's what you'd be paid.
Zero.
You need people to value what you do
three to four times a week depending on us.
I do believe Pablo is accurate, though.
In many cases, there were leagues
which were less interested in trying to suppress
highlights being distributed because they believed that
it would create interest in the league.
I could have this wrong, but I don't think so.
When House of Highlights started, they did not have a license to show NBA highlights.
They were just an Instagram account.
Can you find a guy named, I'm going to give him attention here, I want to say his name
is Bob Mennery.
Do I know that name?
He's a YouTuber.
Oh yeah, yeah, yeah.
Millions of people when he would talk about highlights and he would do it in a very funny way and
Guess what when it was growing he was stealing it and all the leagues everybody was fine. Then he got too big and now look.
Well, by the way as a side note, right?
So the person who ran House of Highlights is Omar Raja, young guy. I've gotten to know him.
He now is the person at ESPN who Highlights is Omar Raja. Young guy, I've gotten to know him.
He now is the person at ESPN who they hired to run their social channels.
So they just brought him in-house.
You joined the man.
Well, yeah, because at a certain point you re-
and this speaks to like the larger sort of arms race here, right?
And I think about this with the government.
It's like, do you have more faith in the young person
who is independently
and creatively scheming, fluent to this language and this internet culture? Or do you trust
the policemen who are older to keep up with them?
It's a great question. And I would only ask you, being a content provider who monetizes
the content, it's a bit like being a professional
athlete.
There are a lot of people out there who play basketball, very few get paid to play.
There are a lot of people making content.
There's a lot of people everywhere, podcasts and all on down and they're not making money.
Establishing that you are making something that is worth paying dollars and cents for
is something that of course, it's why I do have a residual shame at having illegally downloaded so much music in college,
sometimes resulting, incidentally, in songs that were viruses or in some cases just like
movies I didn't...
There was a lot of weird s*** on my laptop computer in college. I do think that the internet has done many wonderful things, but one thing it has done
is convince people that they should get stuff for free.
Why should they pay for it?
Or that they're famous.
Yeah.
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I do want to point out that the DOJ, Department of Justice website, has this update from now 2023.
A Minnesota man was sentenced to three years in prison for his scheme to commit computer intrusion and illegally stream content from four major professional sports leagues.
and illegally streamed content from four major professional sports leagues. This is a guy named Joshua Streit, S-T-R-E-I-T, aka Josh Brody,
sentenced in federal court for intrusions into MLB's computer systems,
illegally streaming copyrighted content from MLB, the NBA, the NFL, the NHL,
and he offered this streaming content to the public for profit,
and he obtained it by gaining unauthorized access to the websites for those sports leagues via misappropriated login credentials from legitimate users of those websites.
And then what happened was, because this guy was doing David's favorite thing,
illicitly streaming copyrighted content from MLB, he attempted to extort approximately $150,000
$150,000 from MLB in exchange for, you know, his knowledge of the vulnerabilities in MLB's internet infrastructure.
Well, they did that because MLB was famous for paying people like with the biogenesis
and A-Rod.
Sometimes they'll pay people in order to get them on their side.
But what you just read, that's the opposite of Canal Street.
That is someone who was taking piracy to a level of profitability where it was having a negative impact on revenue.
That's a good example of a dumbass.
Right? That's a dumbass.
Because he got caught?
Yeah, well, because he had a ridiculous scheme to...
He put up a storefront, it seems. Not just was carrying around the knapsack full of watches.
While you can turn a blind eye to House of Highlights, you can't turn the blind eye to
a guy who has hacked into your internal system and now tried to extort money from you.
That sort of invites a
Harsh response. I would consider that a dumbass the metaphor works perfectly and we're gonna keep using it for non-new yorkers
If you're gonna do something illegal if you get too big you're gonna catch the attention of those trying to stop
Illegal piracy or anything that you're doing if you keep it small and don't get greedy
We see it in all the mob movies don't steal money and then go buy a Ferrari
and a fur coat. It's a good way to get whacked. If you're gonna do a robbery and
steal money, you know, buy a Camry and try to just lay low. So what this guy did,
clearly, he got too big for his britches and now he's behind bars and I love it.
Though it doesn't sound like a big time, I guess it is a big time
scheme to try to extort a hundred and fifty large from Major League Baseball.
I'd like to maybe extort you because you're saying that that's a hundred and fifty isn't the number
that gets your attention. What gets your attention?
A hundred and fifty million if I try to get that from you?
No, no, apparently a hundred and fifty thousand got enough attention to land him in the Huskow for three years.
I appreciate that we end this episode with both of you throwing sharp elbows at each other.
Notably, not quite the elbows previously mentioned.
I thought it may have been his nipple I was going after for a little nerpy.
Well, it has been a little purple here today.
Thank you, John. Thank you, Pablo.
Look at this jacket, by the way. Can we just acknowledge?
It's lovely.
You can't get that on Canal Street, John.
No, no, you can actually.
I think David stole it. Pablo Torre Finds Out is produced by Michael Antonucci, Walter Ravaroma, Ryan Cortez, Sam
Dawig, Juan Galindo, Patrick Kim, Nealey Lohman, Rob McCrae, Rachel Miller-Howard, Ethan Schreier,
Carl Scott, Matt Sullivan, Chris Tuminello,
and Juliet Warren. Our studio engineering by RG Systems, our sound design by NGW Post,
our theme song, as always, is by John Bravo. And all of us will talk to you on Tuesday. Bada, bada boom, sold!
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