Digital Daily Dozen: 4/28/15

The Digital Daily Dozen for April 28, 2015.

ESPN sues Verizon over new stripped-down ‘Custom TV’ plan (USA Today) ESPN has sued Verizon over the telecom provider’s new “Custom TV” programming bundle. The sports programming giant accuses Verizon of “breach of contract” and asks a New York state judge to prevent the pay-TV provider from offering the new plan.

These days, people prefer streaming (Media Life Magazine) Everyone knows people’s video viewing habits are changing. But a new study from Deloitte suggests they are changing even faster than many would have thought. The most surprising finding of the study: Only 45 percent of those surveyed say they prefer to watch TV programs live as opposed to streaming or delaying them.

Apple Pay Will Hit Best Buy Stores in 2015 (New York Times, Bits Blog) Best Buy announced on Monday that it now accepts Apple Pay payments for purchases made inside its smartphone app, and by the end of the year will accept payments made in its brick-and-mortar stores using the Apple Pay mobile wallet.

Verizon: Dish & Cos. Colluded on AWS-3 Auction Bids (Broadcasting & Cable) Verizon has alleged that Dish illegally colluded with designated entities (DE’s) Northstar Wireless and SNR Wireless during the ASW-3 auction bidding, according to ex parte notifications of meetings it held with top FCC officials. Dish counters that it complied with all legal requirements, including antitrust laws.

WISPA Challenges Title II (Multichannel) Add the Wireless Internet Service Providers Association, which represents small and mid-sized fixed wireless broadband providers, to the list of associations and companies—nine at last count, now including WISPA—who have challenged the FCC’s reclassification of Internet access providers under Title II common carrier regulations.

FCC Wades into Broadband CPNI Issue (Multichannel) The FCC will be delving into a thorny issue when it holds a workshop on broadband privacy in the wake of its decision to classify net access as a telecom service. Under Sec. 222 of Title II, telecoms have to protect customer confidentiality and can’t use or share customer proprietary network information without individuals opting in.

‘A Gronking to Remember’ Becomes Memorable Lawsuit Against Amazon, Apple (Hollywood Reporter) A self-published erotic novella entitled A Gronking to Remember could be on its way to highlighting the dangers of stripping out the middle-men. The lawsuit appears primed to answer the question of whether Section 230 of the Communication Decency Act can shield an e-book service from publicity rights claims.

Google Plays Nice With European Publishers, Dumps $163 Million Into Innovation Fund (Recode) After being thwacked so many times in Europe, Google is taking a new tack: Extend an olive branch to the fourth estate. In London, the Internet giant will launch the Digital News Initiative, a program to support and fund online journalism, in collaboration with eight European publications, including the Guardian and the Financial Times.

Supreme Court Grants Cert in Spokeo v. Robins (Privsec Blog) In a case that may have vast consequences for online privacy cases, the high court will weigh whether plaintiffs need to point to cognizable harm to sustain claims of federal statutory violations or whether a violation of a statute alone is enough to confer standing.

Snapchat Persuades Brands to Go Vertical With Their Video (Adweek) Snapchat is asking digital video advertisers if they are straight shooters. The popular messaging app is encouraging marketers and media companies to shoot ads vertically, a clear departure from the common practice of using wide-angle landscape shots.

A Monitored World [Commentary] (Los Angeles Times) You don’t need to be a conspiracy theorist to foresee a Faustian bargain — consent to a totally monitored world — emerging from recent trends. Our greatest concern should not be unauthorized access to our data, but access by interests rightfully entitled to exploit any data known to exist.

Sprint, T-Mobile, Dish join forces with others to press FCC on incentive auction rules (Fierce Wireless) T-Mobile, Sprint, Dish Network, C Spire Wireless and a group of policy and public interest groups have forged a new alliance intended to pressure the FCC to craft 600 MHz auction rules that they say will benefit smaller carriers and increase wireless competition.

When Corporate Welfare Trumps States’ Rights [Commentary] (Inside Sources) U.S. Representative Jason Chaffetz is inexplicably on a mission to insert the federal government into state policies regarding gaming within state borders. Chaffetz’s stealthily titled bill, the “Restoration of America’s Wire Act,” would prohibit states from allowing online gaming.