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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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May 29, 2005

Maverick Movie Distribution

Posted by Ernest Miller

I may not always agree with Mark Cuban, but damn he's innovative and willing to take real risks to shake up the hollywood-industrial-complex. The latest on his blog, Blog Maverick - natch, is about his plan to radically alter the traditional release window format for motion pictures (Movies and Theaters - Let’s Make the Customer King and Make More Money). His proposal?

  1. Release movies in all available formats (theater, PPV, DVD, etc.) simultaneously.
  2. Better price the value of going to a theater. He proposes selling DVDs on release day for $39.95, although you could get a refund of the ticket price if you see the movie in a theater. The price for the DVD would drop over time (though you would still be able to get a refund for the ticket stub).
  3. Share some of the revenue on the DVDs with the theater owners. Theater distribution is mostly DVD promotion nowadays, why not give the theater owners a small cut?
His post has more details, of course. Read the whole thing, but the idea is quite interesting. I have no idea whether it would actually work, but I can certainly imagine a number of movies that I might see in the theater, simply to get the DVD on release day at a discount. Basically, this model seems to turn the theater experience into another DVD "extra." Which isn't that bad an idea, since the theater is more about the experience than the content.

If it does work, it is likely to significantly change the economics of movie production, and thus, culture, just as the rise of the DVD has made a difference in the sort of movies we see today.

Of course, none of the major theater chains is interested in this concept; they seem adverse to experimenting in any way that might move them from the traditional models despite the ever-increasing competition from alternate forms of entertainment. See, the Washington Post, Simultaneous Movie, Video Plan Irks Theater Owners.

So, Cuban is using his vertically integrated businesses to give this idea a try: 2929 Entertainment, a movie and finance production company; Landmark Theatres, an art house movie chain; and, HDNet, a high-def television network.

We will work with theater ownership groups, retailers and rental outlets who want to try this experiment to develop programs that expand the pie and create more cash flow for everyone.

I’m sure mistakes will be made along the way. I’m sure that there will be surprises. I’m sure we will have to do quite a bit of adjusting to make the program a win win for all involved.

So what?

If it works, everyone, particularly consumers benefit.

If it doesn’t, everyone calls me a dumbass, and we go back to doing it the way it was always done.

I can handle that.

Cool.

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