QuantumBuzz

WeEarth Migration Almost Complete

Note:  The following update was prepared by the WeEarth team with final review and editing by me.  It represents an effort to comprehensively explain where WeEarth is and what's coming next.  Michael Sellers

WEEARTH EXPLAINED.......

One of the real challenges in doing any kind of an internet project is not only mastering what is possible today, but seeing where things are going and figuring out what the "next big thing" out there is, or might be, and then harnessing those elements that give you the best chance to really be part of the "next big thing".

When we began our analysis that led us to  "WeEarth",  the success models that were out there were mega-social network sites like MySpace and Facebook.  These sites were born out of the Internet population’s desire for more overall interconnectivity. For years the standard modes of communication were email, bulletin boards and discussion groups.  These served their purpose, but as technology advanced and younger generations became more computer savvy, the need for something else emerged – and MySpace and Facebook became prime examples of internet answers that served those needs. MySpace was first on the scene to explode into mainstream awareness in 2003.  By combining messaging, blogging, media hosting, forums, friendship capabilities and giving each user their own customizable web profile, comparable to a free turnkey website, MySpace took the internet by storm and became a huge success story.   Soon to follow was Facebook, which slowly but surely climbed to the top.  FaceBook offered (and continues to offer) much of the same functionality as MySpace, but with a very different user interface.  In the end of 2003, Facebook had just been created and existed only for Harvard College students.  In the past 5 years FaceBook has expanded it’s reach, first to other Ivy League Schools, then to all colleges and universities, to highschools and finally to everybody over 13 with an email address in the end of 2006.  In April 2008, FaceBook officially overtook Myspace as the world’s  premiere social networking site and the two sites continue to battle it out by constantly adding new functionality and evolving their user interfaces.

 For years now, social networks have been seen as an area of substantial opportunity,  but the unprecedented and extraordinary success these of these two networks in  cornering the global market  has in some ways changed the equation.  In other words, as these two behemoth’s have grown into what they are today, increasingly it has become apparent that the “next big thing” won’t be a rival broad-based social network giant that knocks off one or the other or both of the two existing giants.  Many have tried but all have fallen short.  After all, the main draw of a social network is the user population itself and with nearly everybody already registered to FaceBook, Myspace or both, it’s impossible to compete on a broad scale -- and smaller niche group or interest group social networking sites have found they are typically better served by creating groups on FaceBook and MySpace to achieve the desired levels of interconnectedness among their community members, rather than try to “go it alone”.   WeEarth is not a “niche” community but because it is an interest-based community it is not likely to displace the likes of MySpace or FaceBook.  Rather, for WeEarth to blossom it needs to fill needs that are not directly being filled by the likes of MySpace and Facebook – and moreover it needs to be able to harness some of the power that has been created by FaceBook and MySpace (and other social networking tools) in the service of the WeEarth vision.

One of the first issues that loomed large in our planning process was how to get WeEarth.com to do what we wanted it to – and in particular to get it to do things that helped differentiate it from sites like MySpace and Facebook.    To do this even a short  12 months ago, the best approach seemed at the time to be do follow the lead of FaceBook and MySpace by using what's known as a "proprietary code" -- that is an encoding system that is owned by and unique to the developer of the software.  There are many benefits to this type of system.  When you decide to go with a proprietary solution, you’re often deciding to go with a full service organization providing development, design and programming services towards the deployment of your site.  This service continues beyond the launch, playing a large role in the future evolution of your site.  This is especially helpful for businesses, like ours, which are first stepping onto the web scene.  In addition, proprietary solutions typically can be deployed much quicker and with greater initial functionality.  The software provider ensures site security and code quality, fixes bugs and keeps the system’s software and server up to date.  For us, a proprietary solution helped to eliminate some of the guesswork and risk involved in the technological aspects of creating a website while allowing us to focus more of our energy on the business we aimed to do on the web.

 It was in this context that we initially set up WeEarth using a system developed by a company called "Onesite".  Under this system we could -- we thought -- get WeEarth to do what we wanted to do, and to do so at the highest level of functionality by harnessing the proprietary code developed by OneSite.

 But as is often the case with the net, things were moving very quickly, and new concepts and opportunities were emerging.  Increasingly there was a perceived need for a kind of convergence in which web users or social network members would not be locked into a proprietary system where they could only easily communicate with others in the system -- but rather there was a perceived need among developers and users alike to move away from proprietary code and into what is now referred to as "open source" code -- that is code that anyone can use and from which a user can easily navigate in and out of the system.  The problem for WeEarth was that -- even six months ago -- no open source code existed that could do the things that we want/need WeEarth to do, so this wasn't an option.  But in recent months there have been exciting developments in Open Source Code, and the advantages of migrating to an open source environment started becoming increasingly apparent.

 In the Open Source world there are 3 main competing codes:  Wordpress, Drupal and Joomla.  It is commonly accepted that Wordpress is the leader in progress, developer base and overall functionality.  We had actually considered Wordpress a worthy candidate initially before deciding to go with proprietary software but, while being a premiere content management system, site-building platform and blog tool, it had 3 key deficiencies which kept us from adopting it.  All of these issues have recently been resolved.  The deficiencies were:

 1) No abilty for each user to have their own blog -  We could create a compelling and dynamic online publication with multiple users, each blogging and creating articles for our blog, but this only served part of our plan.  We set out to build an online publication powered by a blogging community connected through a social network and at the time there was nothing offered through Wordpress.  This all changed when Wordpress MU (Multi-User) was launched.  Now it is possible for each person to have their own blog (or blogs) and for our site to have as large a blogger population as we want.

 2) No sophisticated social networking functionality - This was (and is) essential to our project.  Our concept is based on connectedness and we could not consider an option lacking community-building features. Only 2 months ago, on April 30, 2009, the makers of Wordpress launched BuddyPress, allowing our users the interconnectivity we desired for WeEarth.

 3) No viable e-commerce solution – A year ago, there were e-commerce solutions available for Wordpress, but none of them could be used to develop anything more than a basic online store.  The world of e-commerce, and more recently, social commerce, have set the bar pretty high for online stores and we needed to be closer to the cutting edge.  At the beginning of 2009, the Shopp application was launched for Wordpress, opening the doors for a truly dynamic online store for the platform.

 By combining and customizing the new multi-user applications Wordpress MU, BuddyPress and Shopp, we are creating a truly innovative and cutting edge website far beyond what is possible in a proprietary code environment.  These tools have hardly begun to be deployed and, for now,  WeEarth is the only project bringing all three together in one site. We’ve hired Lisa Sabin-Wilson to lead our development process.  She is the author of Wordpress for Dummies and highly acclaimed in the Wordpress community. 

At the end of the day it comes down to this: we invited people to our site to “Use Your Voice… and Be Heard” and the “Be Heard” part of it was lagging in a closed, proprietary code environment where connectivity outside the site itself was not easy to achieve.  A key element to ‘being heard’ on the web these days is an open environment that allows for the highest degree of connectivity around the web. People don’t want to recreate their online presence on yet another site, they want their web presence interconnected with as little repetition as possible – using various tools such as DIGG, Feedburner,  RSS Syndication and others so that what they communicate on WeEarth is easily and seamlessly fed to the widest possible audience including their FaceBook,  Twitter, and other such accounts – as well as social bookmarking and other mechanisms all making it far more possible for the voice that is speaking to be heard widely throughout the internet social network communities.

 Based on all of the foregoing, we made the decision to migrate WeEarth to new open source technology that, in addition to achieving all of our initial goals, will allow users to receive and distribute content via RSS syndication, connect their WeEarth profile with their Facebook and Twitter Accounts, allow users blogging elsewhere on the web to join our blog network without recreating their blog, an iphone application, and much more.

 And that's where we are today.  In a matter of weeks, the new open source WeEarth will be up and functioning with a degree of interconnectivity and functionality that the old WeEarth could not hope to achieve.  It will also allow us to maximize the benefits of a huge developer base -- developers who are familiar with the code we're using and who can and will be developing widgets, plug-ins and other add-ons all the time.  (Having a huge developer base is one of the top advantages of open source code.)   Each site using the software has different needs, some unique to the site and others overlapping the needs of other sites out there.  The way the open source community works, whenever a piece of code (a widget, plug-in or other feature) is developed, it is released into the community for all to share.  Not only does this mean more features at a lower cost, it encourages a culture of rapid progress and shared development that is continually defining the cutting edge of internet technology.  The release of Wordpress MU, BuddyPress and Shopp, all since the start of the WeEarth project, is a testament to the power inherent in this type of system.  By deploying these 3 tools in tandem in support of our WeEarth “Use Your Voice … Be Heard” credo, we believe we are now going to be positioned—and have the tools – to have a bona fide shot at becoming at least one of the “Next Big Things” on the ever-evolving net. 

Important Announcement

We have just posted an important announcement for partners and investors at our companion blogsite. To view the announcement requires a password which you can receive by calling Robert Ramirez or Pamm Vlastas at 818.255.9900 or you can email sellers.michael@mac.com.  

WeEarth Update

WeEarth In Context # 2

 

April 24, 2009

 

Status Overview:

 

In December 2008 we projected that we would complete the beta testing phase and officially launch the site in March of 2009.  We have successfully pinpointed our key weaknesses and begun resolving them. Our official launch date is still to be determined, but we can tentatively say that it will happen between in June or July  At this time, we would commence marketing the site.

 

 

Beta Testing: July 2008 - April 2009

 

Previously we explained the process of site beta testing at length.  Here are the results. 

 

Site too complicated – too many navigation bars; too many buttons; too many areas; options are overwhelming; easy to get lost.

 

Too much emphasis on social networking – blog, article and store functionality were not sufficient; some social networking functionality unnecessary and cumbersome;

 

Server not sufficient – Initial server configuration not sufficient for ezine, blog, store, media and social network; considered migrating to solar and wind powered server but will have to save for later roll out

 

Not enough ad space – users okay with more ads if ads are appropriate for them (i.e. – green businesses, non-profits, brands in our store, etc.); users  suggested alternative forms of advertising like ‘ARTvertisements’ (sponsored art and media throughout the site)

 

Media capability not sufficient – users wanted more media capability OR easier connectivity with their YouTube and VIMEO accounts

 

Blog functionality not sufficient – users came to site because of our tagline ‘user your voice, be heard’ but found our blog functionality not up to par with other blogging tools out there; users wanted to be able to link to their already existent blog

 

Design flexibility not sufficient -  we were not able to dynamically alter graphic elements of the site easily enough to keep things fresh at all times; users wanted contests to create graphic elements for sections of site (i.e. – background images, headers, footers, etc.)

 

Open-Source culture inhibited – we found that many professional and amateur programmers felt aligned with our project, except that our project was built in a proprietary code source environment.  This means 2 things: many were turned off by our choice and those that stuck around could not contribute by developing applications, widgets and other programs to  work in conjunction with our site. 

 

In conclusion, our technology platform did not suit our needs.  Migrating to an open source platform allows us the flexibility and functionality we need to be seen as a cutting edge website. The migration takes 3 months, so we began in March and should be completed sometime early June.

 

 

 

Site Development: March 2008 – June 2008

 

In March we began configuring a new site in an offline staging environment.  Our initial site (what’s currently at www.weearth.com) will remain online and in its current state until we are prepared to make the switch. Our new site will incorporate the work of designer Hans Walor (www.hansomei.com) and programmer/developer Lisa Sabin-Wilson, the author Wordpress For Dummies.

 

Marketing Plan Development: February 2009 – May 2008

 

In our initial market research we sought out a core group of 1000 people, all within our ideal target demographic.  We went to art, music, film and green living events to invite prospective users to test-drive the site.  In addition to beta-testing the sites technology we market-tested the brand and business model on this core group.  We did this to ensure authenticity in our product and our brand.

 

Recently, we’ve expanded our market-test group beyond our core target demographic (those heavily involved in artistic and activist endeavors) to our extended target demographic (those lightly involved in such endeavors or only slightly interested in getting involved).

 

We’re positioning our brand for a post-green reality.  We feel strongly that the current boom and green trends will fade as green and sustainable living becomes the new reality.  There are many in society that appreciate the cause but feel no need to be associated with the green movement and all of its pre-assigned stigma.  We want to be inviting to them.

 

Trend watchers use the term LOHAS to describe the market sector dealing with Lifestyles of Health and Sustainability.  We fit within that but see ourselves as having far greater reach.  For us, it’s about being aware of what’s going on in the world around you and taking action.  This means being conscious of environmental, social and political issues as well as trends in art, business and technology… especially where they all meet, on the internet.

Live-Blogging "Way of the Dolphin"

To Everyone,
We're back in pre-production for the final days of shooting of Way of the Dolphin in Los Angeles, so pls go to "WayoftheDolphinBlog.com" for updates.  I'm blogging there every day during pre-production and production. 

Bulletin: Dates Set for Way of Dolphin Final Days of Shooting

The final stage of Principal Photography for Way of the Dolphin is here, with the final three days of stage work set for Lacy Street Studios in Los Angeles 25-27 January.  It's been a struggle getting dates which work for all the players; these dates seem to have been accepted by all parties and we have pulled the trigger, begun constructing sets and otherwise getting everything in gear for this.  This will complete principal photography.

WeEarth In Context

by Patrick Sellers and the WeEarth Team

Here is a written version of a recent briefing on WeEarth which the WeEarth team provided to some visiting investors.  It covers the history of the project, it's current status, and plans going forward. 

Initial Planning:  Oct 2007 thru Jan 2008

This was the initial phase where we knew we wanted to establish an environmentally themed web presence, but had many, many decisions to make.  What would be the name of the site? What would be the features?  The unique selling proposition?  What would make it different, and "sticky"?  During this phase we came up with and bought (at auction) the name WeEarth.com after testing the name thoroughly to ensure that it really has the potential we think it has.   We decided on a model that has a unique blend of three elements:  social network, social e-commerce, and information portal.  And we committed to use the name "WeEarth", which we tested in various ways and were convinced can become a great brand if we roll it out effectively.

Graphic Design:  March 2008

During this phase we worked out the graphic look of the site -- essentially creating a "dummy" of how we would like it to look and what we would like it to do.  We worked with various consultants and designers, but our key team was the group from Stir Communications.  By the end of this phase we had worked out our 'look' and basic functionality.  Also, during this period in order to get a jump on the editorial aspect -- articles and blogging -- we operated a temporary blogsite that gave us the opportunity to get those systems up and running. 

Website Development/Coding:  April-June 2008 (and continuing during test phase)

During this phase we hired the design team to actually put together the working site based on the design created in March.  By the end of April we had put an initial version of the site on the web ... so at that point we "went live" on the web but it is very important to understand the difference between "going live" on the web and the actual "launch", which comes much later.  "Going live" means that the site exists on the internet and users can go there.  But you intentionally do NOT heavily market the site because it is a "site-in-development".  

Beta Testing:  July 2008 - early 2009 

This phase can last up to a year (or in some cases 2), depending on the project.  This  is the phase we are in now.  "Testing" means that with many (but not all) of the functions deployed, the site is "live" on the net and users are going to the site, using it, and providing feedback which is transmitted to management and the design team.  Functionality of the site is revised and upgraded.  Some features that are popular are improved ; other features that are not so popular or are problematic are dropped.   The goal in this period is to refine the site and its functions to the point that we are confident that upon its actual launch, we will have a site that will attract substantial numbers of users and retain those users.  We are targeting Q1 2009 for the completion of Beta Testing and actual commercial launch.  One of the positive things to note is that even at this Beta testing stage, WeEarth has become established as a credible "brand" for environmentally themed news, and our articles are now receiving prominent "google search" placement which means we are definitely 'on the map', plus our e-commerce module is generating sales income (modest to be sure).   But the goal of this phase is to "work the bugs out", discovering what works best, what seems fresh and new and attractie to users.  During the Beta Testing phase there has been a modest degree of revenue from e-commerce sales.  Additionally, during this phase we have established relationships with more than 300 environmentally sound product suppliers.  We have gotten the e-commerce functionality to the point where we know it works well -- but we are constantly trying to make it work better, and to add more "social e-commerce" functionality to it.  ("Social e-commerce" means making it possible for buyers to not only buy, but to rate products, to "tag" products and writeups so that they will be picked up by search engines and bloggers, and in general to create ways for the "viral" potential to take place.)  Also during this phase we have been continually working to improve the social network capability, finding ways differentiate WeEarth from other social networks.  

Official Launch:  March 2009

When the "Official Launch" takes place, it means that we are satisfied with the functionality and marketability of the site and are ready to "put it out there" with marketing dollars designed to create wide awareness and attract large numbers of users.   It is very important that we are "ready for prime time" when we do this because the site will be under much greater stress in terms of users, and it will be evaluated both formally and informally by people who can make or break the reputation of the site.  If we get a good buzz going, the sky is the limit.  If we don't, the opposite can happen (although the good news is that there are second chances and with a terrific name like WeEarth  there are a number of directions we can go).  It is at this phase that the enterprise is really "open for business", with operating costs (instead of development investment, which is what we have now).  

Remainder of 2009:  Operational Phase 1

During operational phase 1 the goal is to gather users, building up traffic to the site so that by the end of the year we have enough traffic (goal of 1 million unique visitors per month) to begin seeing meaningful advertising revenue, and so that the e-commerce sales can grow to become a substantial contributor to the bottom line.    We will see operating costs that substantially exceed revenues but this is absolutely the norm even for the most successful websites.   The key is -- get the traffic, get the users, and keep building.   

Check this out: lonely guy creates an iPhone game and it pays off bigtime

This is a story which in some way typifies the democratization of media -- the Brave New World we live in.  It is inspiring for all of us 'in the trenches'.

November 18, 2008 -- Updated 2127 GMT (0527 HKT)

Developer strikes it rich with iPhone game

(CNN) -- With its glassy touch screen, powerful graphics, crisp sound and tilt feature, the iPhone is more than a smart phone for some users -- it's a portable entertainment system.

"Trism" developer Steve Demeter demonstrates his game via webcast to CNN.com's Nicole Lapin.

It's also become a potential gold mine for entrepreneurs who create games for the device. Just ask Steve Demeter, developer of the popular puzzle game "Trism."

A former ATM software designer for a large bank, Demeter created "Trism" in his spare time and pitched it to Apple last spring. The company made the game available for download with the July launch of its App Store, an online provider of applications for its iPods and iPhones.

Priced at $5, "Trism" earned Demeter $250,000 in profits the first two months.

"It's done phenomenal business," said Demeter, 29, who lives in the California's San Francisco Bay area. "I'm very honored that so many people would enjoy my game. I get e-mails from 50-year-old ladies who say, "I don't play games, but I love Trism.' That's the coolest thing."

It can take dozens of professional developers and millions of dollars to create a video game for a traditional console such as a PlayStation or an Xbox. But the iPhone and the App Store have helped democratize game development by opening the field to any software coder with talent and a clever idea, industry observers say.

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"A single one of these titles can be turned around for pennies by comparison in just weeks by a single hobbyist working in their off-hours," said Scott Steinberg, publisher of DigitalTrends.com and author of "Get Rich Playing Games." "The overhead and barriers to entry are so low that virtually anyone can afford to take a crack, if not several, at hitting a home run."

Demeter took his crack after attending an iPhone conference in the summer of 2007. He spent months afterward brainstorming, by himself and with friends, about how to create an original game for the device. Once he got the idea for "Trism" in February he spent another four months coding the game on nights and weekends.

The result is a puzzle game, like "Bejeweled," in which players manipulate a colorful grid of triangles. Players score points by lining up three or more like-colored triangles in a row, with an iPhone twist: The triangles rearrange themselves depending on which way the player rotates the phone.

"I did the game myself, basically. I had a buddy of mine who actually came up with the name 'Trism.' I paid him a couple of grand. But other than that it [was] just me," Demeter told CNN. "It's a very simple-to-learn, hard-to-master puzzle game. It wasn't as hard [to develop] as a 3-D, gun-and-battle kind of game. But for the one-man team that I was, it was definitely a challenge."

Demeter quit his bank job two months ago and has launched a company, Demiforce, to develop more electronic games. Now he has a salaried staff, five games in development and two coming out by Christmas, including a spinoff to "Trism" called "Trismology."

"Apple has made it so easy to put [game publishing] in the palms of developers," he said. "You just make it and then you submit it to Apple. If you have a relevant, fun game or application, I don't see any reason why it shouldn't be approved."

Developers earn 70 percent of App Store proceeds from the sale of their games, with Apple taking 30 percent.

The field is getting crowded, though. There now are more than 1,500 iPhone games available from the App Store, up from about 900 two months ago.

"It's a rich and promising vein that several independent game publishers have been able to successfully tap," said DigitalTrends' Steinberg in an e-mail interview. "However, success stories remain the exception, not the norm -- as with any gold rush, what we're presently seeing is a massive number of prospectors looking to stake their claim.

"Many of the overnight successes we've witnessed enjoyed the benefits of timing and visibility, advantages quickly being eroded due to market oversaturation," Steinberg added. "Let's put it this way: I wouldn't tell anyone to quit their day job just yet. As with any Cinderella story, chances of recreating this kind of success are few and far between."

Supreme Court Supports Navy In Sonar Case

Last week we got the news that the Supreme court, in a 5-4 decision, has supported the US Navy, reversing a lower court decision in its case against environmental groups in California who had previously won a decision at the appellate court level.  This is significant in its own right, but even moreso at Quantum because the decision came just as our project Way of the Dolphin was about to go into final days of filming in which scenes dealing directly with the Navy sonar issue were to be filmed.  We are extremely fortunate that this ruling came out when it did -- rather than after our shootings -- so that we can conform our script to the reality.

Here is one article covering the story:

Supreme Court on sonar: Navy trumps whales
Bob Egelko, Chronicle Staff Writer
Thursday, November 13, 2008   

(11-12) 19:00 PST -- Threats to national security are more important than possible harm to whales and dolphins, the Supreme Court ruled Wednesday in lightening restrictions on the Navy's use of sonar in anti-submarine training off Southern California despite its potential effects on undersea creatures.

The ruling, the first of the court's 2008-09 term, accepted the Navy's arguments that the limitations would hinder vital exercises in the use of sonar to detect enemy submarines. The restrictions, imposed by lower courts, would have required the Navy to reduce or halt underwater sonar pulses when marine mammals might be nearby.

"Forcing the Navy to deploy an inadequately trained anti-submarine force jeopardizes the safety of the fleet," Chief Justice John Roberts wrote in the majority opinion. The resulting damage to the Navy and the public interest, he said, outweighs the injury that environmental groups that challenged the use of sonar might suffer from "harm to an unknown number of marine mammals that they study and observe."

The ruling - endorsed by six of the nine justices, and in part by a seventh - overturned decisions by a federal judge in Los Angeles and the Ninth U.S. Circuit Court of Appeals in San Francisco restricting sonar use during training exercises scheduled to end next month.

The court kept its ruling relatively narrow, however, and did not address the legality of an order by President Bush in January seeking to remove all legal restrictions on sonar by exempting the Navy from environmental laws. The judge in Los Angeles ruled that the order was invalid.

The case was also limited by the Navy's decision to challenge only two of the six restrictions on sonar use that the lower courts imposed. One unchallenged restriction, which remains in effect, bans the Navy from using sonar within 12 miles of the coast.

"It's gratifying that the court did not accept the Navy's expansive claims of executive power," said Richard Kendall, an attorney who represented the Natural Resources Defense Council and other environmental groups in seeking to maintain the restrictions.

Joel Reynolds, a lawyer with the same organization, said the ruling would have little effect on the Navy's one remaining anti-submarine exercise off Southern California. He also noted that the Navy is preparing an environmental impact report for future anti-submarine training, which he said had been the plaintiffs' main goal all along.

After 10 years of litigation, he said, "we have seen significant progress."

Navy officials declared victory.

"This case was vital to our Navy and our nation's security," said Navy Secretary Donald Winter. "We can now continue to train our sailors effectively, under realistic combat conditions, and certify our crews 'combat ready' while continuing to be good stewards of the marine environment."

The Navy has used sonar for 40 years in anti-submarine training off the Channel Islands and nearby coastal areas. Environmentalists say scientific studies show that sonar pulses damage the hearing organs of whales and dolphins, can interfere with their ability to navigate, mate and find food, and have caused whales to strand themselves on shore.

The Navy says its voluntary safeguards protect marine mammals. Those safeguards include the posting of lookouts and requirements to reduce sonar when vulnerable creatures are nearby.

But U.S. District Judge Florence-Marie Cooper of Los Angeles said in an August 2007 ruling that the protections were "woefully ineffectual and inadequate" and would leave nearly 30 species at risk, including five species of endangered whales. She also said the Navy had failed to show that a mandatory buffer zone on sonar use and other restrictions would disrupt training.

Cooper's injunction was modified by the appeals court to allow commanders to reduce buffer zones at crucial times in training. The injunction has been in effect since March, affecting several exercises in a series that began in January 2007.

The Supreme Court said Wednesday that Cooper and the appeals court had given too little weight to the Navy's concerns.

Roberts' opinion quoted top Navy officials as saying sonar training under realistic conditions would be hindered by the two restrictions they challenged: a requirement that sonar be shut off whenever a marine mammal is spotted within 2,200 yards, and a requirement to reduce sonic pulses by 75 percent during conditions in which underwater sound travels farther than usual.

Judges must defer to those expert assessments, the chief justice said, especially because the Navy has conducted sonar training for four decades "with no documented episode of harm to a marine mammal."

Dissenting Justice Ruth Bader Ginsburg, joined by Justice David Souter, said Cooper had properly used her authority under the environmental law after finding that unrestricted sonar use could harm thousands of creatures. Instead of conducting an environmental study as the law required, or asking Congress to change the law, Ginsburg said, the Navy undermined the law with a "self-serving resort to an office in the White House" for an exemption.

Ruling on whales and sonar

How the Supreme Court voted Wednesday in a ruling loosening restrictions on the Navy's use of sonar in anti-submarine training off the Southern California coast:

-- Majority: Chief Justice John Roberts, Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito.

-- Concurrence: Justice John Paul Stevens.

-- Partial dissent: Justice Stephen Breyer. He agreed with the majority that national security concerns outweigh possible harm to whales and dolphins from sonar use, but said buffer zones imposed by lower courts, with exceptions for critical points in the training exercises, should remain in place while the Navy completes an environmental study.

-- Dissent: Justices Ruth Bader Ginsburg and David Souter, who said the restrictions were validly based on evidence of potential harm to thousands of marine mammals.

The full opinions in the case, Winter vs. Natural Resources Defense Council, 07-1239, can be read at links.sfgate.com/ZFJA.

Blu-Ray Player Prices Dropping Fast

From the Hollywood Reporter:

Blu-ray prices set to fall
Economic downturn, download services to blame
By Leo Cendrowicz
Nov 10, 2008, 10:48 AM ET
BRUSSELS -- Holiday prices for Blu-ray players may tumble to around $150, thanks to the economic downturn and competition from download services, analysts ABI Research have warned.

“There is more competition than expected from download alternatives such as Xbox 360 and the Roku Netflix player, TiVo and Amazon,” said ABI analyst Steve Wilson.

He added that there are also new opportunities for Blu-ray, like LG and Samsung’s deals allowing users to download movies and TV shows straight from Netflix

The LA Times is reporting similar news:

Thinking of Going Blu-ray?  Hold on for the Holidays

The bad news is that the economy is in a tailspin. The good news is that it might result in plunging prices for consumer electronic products during the coming holiday shopping season, especially for Blu-ray disc players that show movies in high-definition. "There's talk of Blu-ray players hitting $200 pricing or even $149 for older models or less-known brands," said Ross Robin, analyst for NPD Group.

The $149ers probably won't have BD-live, an Internet hookup for downloadable games, IM chat and other online features designed for Blu-ray. But if you care only about watching movies in high-def on your HDTV, you can skip the newfangled online stuff.

Keep in mind, however, that the low price for players could be deceptive. Although the players might get down to around $150 each, Blu-ray movie discs cost about $30 apiece. It would be like getting a shaving razor for cheap and then paying a relative fortune for the blades. Or paying a pittance for a computer printer and going broke on replacement cartridges. Insert your own analogy here.  

—David Colker

AFM Feeling the Pinch?

by Jamie Thompson

This year's AFM is the first major film market since the financial meltdown began in September, and the effects are being felt.

Hollywood Reporter reports:

'Difficult market decisions' at AFM
Financial crisis making deals harder to come by
By Stuart Kemp
Nov 8, 2008, 11:32 PM ET

It seems to be a case of who blinks first for attendees stalking the halls at the American Film Market.

The buyers are trying to pick and choose from myriad desirable finished titles while the sellers with topline products continue to look for high-end prices as this year's market moves into the home stretch Sunday.

With just a few days left for face-to-face dealmaking at the AFM, the sunny weather helped mask the dark clouds of economic doom and gloom enveloping the Loews.

Snippets overheard on the quick walk around of the halls here and at the Le Merigot are dominated by "difficult market conditions" and the continuing mantra of "tough times" ahead for everyone.

IM Global's Stuart Ford, who has AFM buzz title Oren Peli's "Paranormal Activity," noted that production slowdown caused by the stalemate between the majors and SAG might not be all bad. "It may be having a positive impact for some U.S. indie sellers," he said. "There's a need for broadly based studio-caliber projects that are completed or near completion, one of the bright spots for companies like ours."

"The bar is set pretty low given what's going on in the world," producer-producers' rep Jonathan Dana said. "For a couple people, activity is actually OK, but any number of people are saying it's pretty empty, all depending on what films you have."

Nukool Sukthawork, the international marketing director of Thailand's 20th June Entertainment, which is here for the first time said: "We were really pleased with the turnout to a presentation we did here, but foot traffic has been slow as it is the first time we are here."

The foregoing notwithstanding, Quantum's experience at this market has been better than most.  Thanks to a very aggressive pre-market outreach program, the Quantum team managed to schedule 200 meetings prior to the beginning of the market -- a record for the company.  (The previous record was 164 meetings scheduled prior to Cannes last May.) 

Traffic in the suite has been excellent, even when the overall level of foot traffic in the market is a bit slow.  However, buyers have been slower to make decisions and many seem inclined to wait and make final decisions after the market is over. 

Three more days to harvest as many deals as possible.....