All Things Digital

A Blockbuster (BBI) acquisition of Circuit City (CC) may not be as much of a long shot as it first appeared. This morning the electronics chain, which has been vocal in its skepticism of Blockbuster’s ability to finance such a deal, finally opened its books to the video rental outfit.

Why the sudden turnabout? Two words: Carl. Icahn. Apparently, the billionaire investor–Blockbuster’s largest shareholder–has promised to purchase Circuit City if Blockbuster is unable to finance the $1.3 billion deal. In a statement, Circuit City Chairman and CEO Philip Schoonover made it quite clear that Icahn is about the only thing Blockbuster has going for it in this particular gambit and cautioned against reading too much into the sudden opening of its books. “While the Circuit City board has confidence in the company’s ability to successfully implement its turnaround plan and generate shareholder value, we believe that we can best serve the interests of our shareholders by exploring all possible alternatives to enhance shareholder value,” Schoonover said. “Let me be clear that our decision to allow Blockbuster and Carl Icahn to conduct due diligence should not be taken as an indication that the board has completed its review of the Blockbuster proposal, that the board has taken a position on the company’s value or that it has settled upon a particular strategic course of action.”

Not yet, at least. In that same statement, the retail chain said it has hired Goldman Sachs & Co. to explore strategic alternatives, which may include a sale of the company. Seems Circuit City’s board may not have as much confidence in the retailer’s turnaround plan as Schoonover would suggest. And why should it? Circuit City has been posting losses amid declining sales for some time now. And though it has restructured itself a bit, it continues to hemorrhage market share to Best Buy and Wal-Mart et al. That said, selling itself to another struggling company with an outdated business model hardly seems a good solution to such problems. It’s like two drunks propping each other up on the dance floor.

Blockbuster CEO Jim Keyes says acquiring Circuit City will be “a challenge,” and while the company is up for one, a challenge of this particular sort may be more than it can handle. Because a week after announcing its $1.3 billion gambit for the foundering–yes, foundering–electronics chain, Blockbuster (BBI) says it would rather drop it than go hostile.

And with Circuit City (CC) refusing to allow the video-rental company access to its books until Blockbuster proves it can actually afford the acquisition, it would seem hostile is the only way to go. “The heart of the matter is that we still need further facts,” Keyes told The Wall Street Journal, referring to Blockbuster’s failure to gain access to Circuit City’s books. “With those facts, we can choose whether to proceed or get back to our continued success.”

The controversy over Facebook’s Beacon advertising system may have been laid to rest last December, but its memory lingers on.

Today brings news of the first lawsuit over the service and, oddly enough, it wasn’t filed against Facebook. It was filed against Blockbuster. Facebook member Cathryn Elaine Harris is suing the video chain Blockbuster (BBI) for its participation in the Beacon program. Her complaint alleges that Blockbuster violated the federal Videotape Privacy Protection Act when it shared information about her movie rentals and sales with Facebook without her consent. It seeks class action status and $2,500 for each violation of the 1988 statute.

Wow. Blockbuster is completely out of ideas, isn’t it? This morning the foundering movie rental chain went public with its bid to acquire ailing retail consumer-electronics chain Circuit City.

In a Feb. 17 letter to Circuit City CEO Philip Schoonover, Blockbuster (BBI) offered to pay more than $1 billion for the chain. But, to date, Circuit City (CC) hasn’t fulfilled a request for due diligence necessary to make the bid definitive.

Why? In a conference call today, Blockbuster chief exec Jim Keyes described the offer as “simply too attractive to ignore.” But it seems Circuit City also thinks the offer might be too attractive for Blockbuster to finance. “… To date Blockbuster has been unable to satisfy Circuit City and its advisers that Blockbuster’s proposal could be financed,” the electronics retailer said in a statement. “In particular, Blockbuster’s proposal appears to contemplate a rights offering of unprecedented size relative to the issuing company’s market capitalization and at a price that is at a significant premium to Blockbuster’s current market price.”

Well, yes, there is that. And, of course, there are other issues as well. Like what, exactly, are the synergies between a foundering movie rental chain and a foundering electronics retailer–aside from the fact that they’re both, you know, foundering? If it’s Blockbuster rental kiosks in Circuit City stores, the alliance would seem doomed to failure. Wait. It is Blockbuster rental kiosks in Circuit City stores?

To be fair, Keyes says digital content is important too, and he seems convinced that Circuit City will provide Blockbuster with the infrastructure it needs to distribute video to TVs and mobile devices. “What this combination provides is the ultimate distribution channel for [digital] content,” he said this morning. “It’s not necessarily downloading content to the PC that will ultimately capture the consumer’s imagination. It’s the opportunity to get that content on your TV and your mobile device that is a game-changing opportunity.”

A game-changing opportunity for Apple (AAPL), maybe. But for a foundering, outdated video-rental outfit?

The online hub of Netflix’s rental system went down Monday evening and remained unavailable until Tuesday afternoon, locking out subscribers for more than 18 hours. Spokesman Steve Swasey attributed the outage to an unanticipated problem that he declined to describe.”

–“Netflix reeling from customer losses, site outage,” Associated Press, July 24, 2007

Netflix’s infamous 2007 outage appears to be back in theatrical release. The DVD rental pioneer’s Web site went down at 6:58 a.m. Pacific Daylight Time today and has yet to return. “This is an unanticipated outage,” said a Netflix (NFLX) spokesman. “Our engineers are working feverishly on it.”

But perhaps not feverishly enough. As of 6:04 p.m. Pacific Daylight Time the site remains down and is jeopardizing DVD deliveries nationwide.

As service outages go, it couldn’t have been more ill-timed. Shares of the company rose to a new multiyear high last week after Cantor Fitzgerald analyst Derek Brown said Blockbuster’s (BBI) renewed focus on its traditional retail operations “has opened a significant window of opportunity for Netflix that the company seems to be capitalizing on very, very successfully.”

It appears there may be a bit of a boxing match shaping up between Apple and Netflix. Amid reports that Apple has inked a video-on-demand deal with Twentieth Century Fox, Netflix has announced plans to develop a set-top box that will give consumers the ability to stream movies directly from the Internet to HDTVs. The DVD-by-mail pioneer has enlisted South Korean manufacturer LG Electronics to build a set-top box that will extend its Watch Instantly online movie-delivery service from the PC to the TV. Netflix plans to offer the service–expected to roll out in the fall–for free to its subscribers and the box for a price that’s yet to be announced.

“We think we have solved the real fundamental problem, which has been that choosing movies on a television has been extremely challenging,” Netflix CEO Reed Hastings told the New York Times. “Video-on-demand companies worked at it for a long time, but choosing movies on the TV just doesn’t have the power of the Web. We want to be integrated on every Internet-connected device, game system, high-definition DVD player and dedicated Internet set-top box. Eventually, as TVs have wireless connectivity built into them, we’ll integrate right into the television.”

A compelling vision of Netflix’s future and one that may sound the death knell for Blockbuster, Amazon’s Unbox and Vudu as well. Or perhaps not. Certainly, this little bit of legalese at the tail-end of the press release announcing the services belies Hastings’s optimism just a wee bit.

This press release contains certain forward-looking statements within the meaning of the federal securities laws, including statements regarding the development of a set-top box for delivery of content over the Internet to television sets, the delivery of a compelling online home entertainment service, Netflix’s strategy and positioning in online delivery of content, and the future of Internet to the television. These statements are subject to risks and uncertainties that could cause actual results and events to differ, including, without limitation; the risk that the development of the set-top box or its associated online delivery service may not meet technical requirements, consumer expectations, or otherwise be implemented by the parties; that certain studios will not grant either of the parties necessary rights or otherwise impose limitations on such rights that might impede implementation or hamper consumer adoption; Netflix’s ability to create other partnership opportunities for the delivery of digital content to the television; and possible technological or content licensing impediments.”

Odd to think that a 64-minute foray into excrement and emesis might be a defining moment in Hollywood’s transition to digital distribution. But it could.

Paramount Pictures plans to debut “Jackass 2.5,” the third installment of the “Jackass” movies, online, skipping the multiplexes entirely. “2.5” will launch Dec. 19 on Blockbuster’s new online property, Movielink, where it will be streamed free for two weeks. Then, beginning Dec. 26, it will be released on DVD, through video-on-demand and in Apple’s iTunes Store. An interesting experiment, and one that could pave the way for first-run broadband movies.

But will it succeed? Paramount certainly seems to think so. After all, the film is sort of a long-form version of the rough-edged, occasionally tasteless DIY content that predominates online. Said Tom Lesinski, president of Paramount Pictures Digital Entertainment, “When you think about what people generally consume online it’s fairly low-end user-generated content, yet there are hundreds of millions of people online watching video every day.”

Or as another executive candidly told the New York Times: “There’s more vomiting, nudity and defecation. The stuff that consumers really want.”

From top to bottom, Blockbuster is deliberately and willfully infringing on our patented methods. Netflix invented a 100 percent better mousetrap that Blockbuster copied.
- Netflix spokesperson Steve Swasey, April 5, 2006

Apparently, Blockbuster isn’t as hopelessly tethered to its VHS rental-business past as you might think. Yesterday, the video-rental retailer acquired studio-owned movie download service Movielink and with it a potentially significant foothold in the video-on-demand market. Terms of the deal were not disclosed, but early this year when rumors of an acquisition first began to circulate, analysts had estimated that Blockbuster might pay as much as $50 million.

Founded in 2002, Movielink is backed by Paramount Pictures, Sony Pictures, Metro-Goldwyn-Mayer, Universal Studios and Warner Bros. Studios. But while its impressive catalog makes it one of the Web’s largest digital-movie libraries, the service hasn’t caught on because of its strict digital-rights management software and prices (roughly the same as a typical DVD). Still, it’s likely a good acquisition for Blockbuster, whose market value has declined to just over $800 million from $8.4 billion, largely because of its failure to buy Netflix when it had the chance.

Blockbuster chair and CEO Jim Keyes called the deal the next “logical” step in the company’s transformation. Presumably, that means the next phase in Blockbuster’s re-creation of the Netflix business model, which the video-rental chain has been diligently following for the past few years. Netflix, of course, is spending some $40 million this year on its own VOD service, which is already up and running.