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Magazine Cover Draws Claims of Racism

A Bloomberg Businessweek magazine cover published Feb. 25 about the housing rebound in the United States â€" featuring cartoonish minorities holding fistfuls of money â€" has drawn intense criticism from readers and media critics, some of whom have described the cover as racist.

The Feb. 25 issue of Bloomberg Businessweek.The Feb. 25 issue of Bloomberg Businessweek.

“Our cover illustration last week got strong reactions, which we regret,” Josh Tyrangiel, the magazine’s editor, said in a statement on Thursday. “Our intention was not to incite or offend. If we had to do it over again we’d do it differently.”

But his statement came too late to head off pointed criticism online. Some posts on Twitter called it a “non-apology,” and by Thursday afternon, a handful of people had signed an online petition urging the company to pull the cover. (A new issue, however, is already on newsstands.)

Matthew Yglesias, a business correspondent at Slate, prompted much of the online commentary after questioning the cover in a post on the Web site Thursday morning. While praising the publication for being “a genuinely great magazine that does an amazing job of making business and economics news accessible and interesting,” he said Bloomberg Businessweek “ought to be ashamed” for its cover choice.

Ryan Chittum, at the Columbia Journalism Review, said the cover was “clearly a mistakeâ! € because of “its cast of black and Hispanic caricatures with exaggerated features reminiscent of early 20th-century race cartoons.” What made it even more offensive, Mr. Chittum wrote, “is the fact that race has been a key backdrop to the subprime crisis.”

In a statement, Andres Guzman, the illustrator who created the cover, said, “The assignment was an illustration about housing. I simply drew the family like that because those are the kind of families I know. I am Latino and grew up around plenty of mixed families.” According to Mr. Guzman’s Tumblr page, he was born in Lima, Peru and lives in Minneapolis.

In an interview, Hugo Balta, the president of the National Association of Hispanic Journalists, said the cover “continues to speak to the insensitivity of how minorities, and in this case Latinos, are being portrayed in media.”

“I think it oversimplifies an issue that obviously has tremendous financial impact to he country, and it also puts a face to a community that is too often vulnerable to those types of attacks,” Mr. Balta said. “If we go with the old saying that a picture is worth a thousands words, the message in this picture is that it’s the minority’s fault.”

Mr. Balta said he planned to contact Bloomberg Businessweek to discuss the issue.

Gregory Lee Jr., the president of the National Association of Black Journalists, said in a statement, “The image that was published by Bloomberg Businessweek is just a microcosm of a bigger problem in the magazine industry â€" the lack of diversity.”

“The last presidential election demonstrated that our nation’s demographics are changing rapidly and it is essential that media companies should make the appropriate changes to welcome diversity in their newsrooms, specifically in managerial positions,” Mr. Lee said.



Dish Network Takes to Twitter in Battle With Broadcasters Over Ad-Skipping DVR

The Dish Network’s battle with broadcasters over a tricked-out digital video recorder called the Hopper has come to Twitter.

Dish on Thursday accused CBS of telling one of the network’s stars, Kaley Cuoco of “The Big Bang Theory,” to take down a Twitter message promoting the Hopper to her 1.2 million followers. For whatever reason, Ms. Cuoco deleted the message. The odd episode gave Dish’s chief executive, Joe Clayton, a chance to say on Twitter: “It’s disappointing that CBS â€" once the exemplar of editorial independence and innovation â€" continues to use its heavy hand to hold back progress from consumers.”

Arguably CBS won the quote war though, with this statement a few hours later: “Once again, Joe Clayton demonstrates his dubious gift for hyperbole and hucksterism. No demands were made, but it’s clear that Dish’s culture of fabrication is alive and well.”

Let’s pause right there. This isn’t really about Ms. Cuoco, it’s about copyright and consumer righs. Dish and broadcasters like CBS have been in court for months now, arguing over the legality of the Hopper, a digital video recorder that allows users to automatically skip all the ads on prime-time network television shows. The newest version of the Hopper uses technology from a company called Sling that lets customers wirelessly watch recorded shows away from home.

Dish says the Hopper is a legitimate response to changing consumer behavior. The broadcasters say it’s a violation of their copyrights, and perhaps a violation of their carriage contracts with Dish, too. They have, according to Dish, refused to sell the company any advertising time to promote the device.

Mr. Clayton brought up “editorial independence” in his statement on Thursday because it came to light last month that CBS prohibited one of its Web sites, CNET, from presenting an award! to the Hopper. CBS also refused to let the CNET staff disclose the details of its involvement. But the details leaked out a few days later, and Dish condemned the corporate interference. CBS said the case was “isolated and unique” and said “in terms of covering actual news, CNET maintains 100 percent editorial independence, and always will.”

With Twitter, Dish seized on another opportunity to criticize CBS. It said Ms. Cuoco’s Twitter message in support of the Hopper was a “sponsored tweet,” meaning that it paid to have the message placed there. “Amazing!” the message said, pointing to an online commercial for the device. “Watching live TV anywhere on the #Hopper looks pretty awesome!”

A Dish spokesman said that the company heard from Ms. Cuoco’s agent that CBS demanded that she delete the message. “No demands were made,” CBS said in response.

Ms. Cuoco’s show, by the way, is one of the biggest beneficiaries of the digital video recorder. On a typical week, aout 17 million people watch the sitcom either live or within a few hours of a new episode’s debut. Another four million people watch the show via a DVR within a week of the debut â€" a gain of 24 percent. Among 18- to 49-year-olds, the gain is even bigger â€" 35 percent.

Broadcasters don’t object to the DVR per se â€" they’ve learned to live with the ad-skipping technology. Just because people can skip ads doesn’t mean they always do. But the Hopper makes it easy to skip ads automatically â€" and that’s what the networks fear.



‘Duck Dynasty’ Premiere Soars in Ratings

The ducks have taken flight.

Wednesday night’s third-season premiere of A&E’s reality series “Duck Dynasty” was the most-watched nonfiction show on cable television so far this year, crushing much of the competition on the broadcast networks, especially among the younger viewers of most value to advertisers.

“Duck Dynasty” attracted a vast audience for cable, 8.6 million viewers, the most for any nonfiction show on cable in 2013. But the 10 p.m. half-hour of “Dynasty” also pulled in five million viewers in the 18- to 49-year-old age group, the one that most networks sell to their advertisers.

That topped every half-hour on broadcast television Wednesday night, except for the last half-hour of “American Idol” on Fox. Over all for its two hours, “Idol” finished behind, however, with 4.87 million.


The ducks even edged ahead of “Modern Family” on ABC, which had 4.98 million in that age group for its half-hour. In terms oftotal viewers, “Duck Dynasty” beat everything on ABC except “Modern Family” and it eclipsed all three shows on NBC.

Nothing on NBC came within two million viewers of “Duck Dynasty.” In fact, if the ducks were to have been shown on NBC, it would easily be the top show of the last two months on that network, and better than any entertainment show except “The Voice.”

The surge in ratings over last season’s premiere indicated just how hot a show A&E has on its hands. The “Duck Dynasty” premiere was up 132 percent from last year in total viewers, to 8.6 million from 3.7 million, and 127 percent in the 18-49 category, to 5 million from 2.2 million.



Universal Sells EMI Stake in Popular Music Series

The Universal Music Group has made the last of the divestitures ordered by European regulators as part of its $1.9 billion purchase of EMI’s recorded music division, closing a drawn-out process but significantly lowering Universal’s cost in the deal.

Universal announced on Wednesday that it had sold EMI’s share of the long-running pop compilation series “Now That’s What I Call Music!” to Sony Music. The price was not disclosed, but it has been reported at about $60 million.

Universal will retain its share of the “Now” brand, a joint venture by Sony, EMI and Universal, which began in Britain in 1983 and came to the United States in 1998. The series has sold more than 200 million albums around the world.

Universal, now by far the world€™s largest music company, made its deal for EMI in November 2011 with Citigroup.

After months of negotiations, European regulators approved the deal in September on the condition that Universal sell about a third of EMI’s recorded music assets. (In a parallel sale, an investor group led by Sony bought EMI’s music publishing side for $2.2 billion.)

Along with the sale of the Parlophone Label Group to the Warner Music Group for $765 million, the Sanctuary and Mute labels to BMG Rights Management for about $72 million, and a number of smaller deals, Universal has reaped just under $900 million on the sales. That is nearly half what it had paid for EMI, although some of the assets, like Sanctuary, were owned by Universal.

This week Universal’s parent company, the French conglomerate Vivendi, reported that Universal had just under $6 billion in revenue in 2012, up 8.3! percent from the year before; excluding revenue from EMI, the gain was 1.6 percent. Universal also had $694 million in earnings before interest, taxes and amortization for the year, up 3.6 percent from 2011, or 1.6 percent without EMI.

In its earnings report, Vivendi said it still expected more than $150 million in annual savings after absorbing EMI.

Ben Sisario writes about the music industry. Follow @sisario on Twitter.



House of Cards: What Happens When a Reporter Becomes an Army of One

Welcome back to the “House of Cards” recap where Ashley Parker and David Carr tease apart Netflix’s Washington-based drama as a reflection of the world of politics and media. Spoilers abound, so read at your peril.

Episode Three
Rep. Frank Underwood is busy hammering out an education bill when a seemingly made-up controversy in his home district forces him to hop a plane. Meanwhile, the newspaper reporter Zoe Barnes enjoys her time in the spotlight and contemplates going rogue.

Carr: There are two parables embedded in this episode. The first is an old one, reminding us that all politics, no matter how important the players, are local. And the second seems to take on a more modern dilemma, suggesting that journalism, often thought of as a team sport, is actually morphing into a place where individuals shine. After all, there’s at least one “I” in journalism, right

Even as he’s dealing with the education bill, Frank returns to his istrict to deal with a crisis involving a teenage girl’s death. The dual responsibilities give the show the opportunity to show the tension between being a beltway player while keeping the home fires burning. For my money, though, the journalism leg of the episode three is the far more provocative strand of this show. Zoe Barnes, a newly minted It Girl of Beltway journalism, is ushered into the editor’s office and is met by the newspaper’s publisher, a doyenne played by Kathleen Chalfant and clearly meant to evoke Katharine Graham of The Washington Post.

She quizzes Zoe about her source for a story but Zoe refuses to give it up: “Do you want my source or my integrity” Zoe asks somewhat aphoristically. The publisher, charmed by her insouciance, orders the editor to put the young reporter’s story about a secretary of state nominee on the front page. Those kind of edicts might occur at some newspapers â€" not the one I work at â€" but they would never, ever be delivered in front of a ! reporter..

The publisher’s mandate only increases the friction between the upstart reporter and her very traditional editor, Tom Hammerschmidt. Played in the key of dour by Boris McGiver, Hammerschmidt does a slow burn as he watches Zoe do a television interview and making all manner of broadcast judgments about the state of journalism and The Washington Herald, her mythical paper.

“Your job is to cover the news, not be the news,” he says.

“I was promoting the paper,” she responds.

“You were were promoting Zoe Barnes,” he shoots back, before telling her to reign in her arrogance, along with her television appearances. “No TV for a month,” he says. When she complains, he threatens, “You make it no TV indefinitely” That conversation rings very true to the father of teenagers like me, but it would not go off that way in any professional setting I have ever worked in.

What say you, Ashley Did you like the episode And do you think that Ms. Barnes push-back agaist her boss flicked at the growing power of individuals within journalistic enterprises

Parker: The question of individual brands in journalism is an interesting one. When I graduated from college, in 2005, it was a legitimate question as to whether an aspiring journalist should try to get their foot in the door at the best place possible, or go out into the country and work for a smaller paper, learning the ropes by covering courts or cops for a few years. But now, when I’m occasionally asked to speak to high school or college journalism classes, my advice is totally different. I tell students to seriously consider a start-up or fully online enterprise; it wasn’t too long ago, after all, that places like the Huffington Post and BuzzFeed â€" now hubs of top-notch talent â€" seemed like upstart longshots.

Ignoring the larger question of what this means for journalism generally, a just-out-of-college reporter can now, for instance, cover a ! presidenti! al campaign, with the attendant rewards and risks: do a good job and watch your profile shoot up in a way it never could have just a decade ago, but make a mistake and it will be chronicled in every imaginable sphere (the blogosphere, the Twittersphere and on and on).

But yes, in this way, reporters can become individual brands. That concept is not necessarily a wholly positive development. For starters, it ignores all of the editing and collaboration that goes into almost any story, especially at a newspaper like ours.

What’s interesting to me is how Zoe seems to want to have it both ways, playing the sexism card when it suits her, while simultaneously using her sex appeal to land stories. After a dressing down by Hammerschmidt, she threatens, “So you think when a woman asks to be treated with respect, that’s arrogance” A fully admirable sentiment, though perhaps she’s not the most credible messenger.

Marin Cogan wrote a fantastic piece Wednesday in The New Republic â€" aptly titled “House of Cads” â€" chronicling, as the headline put it, “The psycho-sexual ordeal of reporting in Washington.” The fact that her essay was the buzz in the city today underscores that most female reporters, especially those covering politics, have encountered similarly uncomfortable situations â€" where professional interest was confused for something more … personal.

Do you think it would be possible for a show like this to explore the actual complexity of reporting while female Or do we, the viewing public, prefer our female reporters like Zoe â€" easy to pigeonhole in all the wrong ways

Carr: This show has as much chance of exploring those complexities as I do of running a marathon. “House of Cards” fans know without looking (ahead) that Zoe is going to make some epic bad choices. And not in the ditzy HBO “Girls” way of “Living the dream, one mistak! e at a ti! me.” Zoe is not so much bumping into things as running over them headlong. Her neediness, her entitlement, are manifest in all she does. She is all about the Zoe Barnes the brand, but as many of us have found out, the whole Army of One thing is great until you get in a jam and need backing.

But even though our business is full of talented, successful women, it’s a different challenge. On the Poynter site today, there was a post about things “Said to Lady Journos,” which laid out a depressing array of oafishness and sexism. Twitter was alive with the meme.

In the end, Zoe is a necessary figure for the “House of Cards” parable. She must seduce the congressman, less to possess him than to use him, so that she can declare dominion over her corner of the world.

So no, no teachable moments about the lot of working newsies who happen to be wmen, just two narcissists trying to make the world curve to their every need. Which isn’t bad television, by the way. And at the risk of prolonging a long chat, one last question for you, Ashley. Have you ever met a Zoe on the beat How did that approach work out for her

Parker: There is no one quite like Ms. Barnes, as Frank Underwood might say. But on the flip side of the same question, I do know a few political operatives who had a bad (and frankly sexist) habit of assuming a female reporter was pulling a Zoe Barnes, so to speak, when she emerged with a good, scoopy story. But that’s usually all there was to the story: A good scoop, which is plenty juicy enough.



Former G.M.A. Chief to Take Charge of CNN’s Planned Morning Show

Jim Murphy, who ran ABC’s “Good Morning America” for five years, will be in charge of CNN’s next attempt to reap morning television glory, people familiar with his hiring said Thursday.

Mr. Murphy will be the senior executive producer of whatever show replaces “Starting Point,” the network’s current morning show that is hosted by Soledad O’Brien. The network hasn’t said when exactly “Starting Point” will be retired, but Ms. O’Brien said last week that she expects to leave the time slot sometime this spring.

The network also hasn’t said who will host the new program, either. But last month it hired Chris Cuomo away from ABC with the expectation that he’ll be a co-anchor of it. Mr. Cuomo was the news anchor on “G.M.A.” for three years while Mr. Murphy was the top producer of that program.

The other possible co-anchor is Erin Burnett, who currently helms th 7 p.m. hour on CNN. Her name surfaced more than a month ago, but no deal has been announced yet.

The revamped morning show is a top priority for Jeff Zucker, who took over CNN Worldwide last month. Mr. Zucker is famous for, among other things, turning around the fortunes of NBC’s “Today” show in the 1990s, starting a 16-year winning streak in the ratings race. Mr. Zucker rose up the ranks of NBC in the 2000s, eventually becoming the chief executive of NBC Universal.

Mr. Murphy, after a six-year stint running the “CBS Evening News,” became the senior executive producer of “G.M.A.” in 2006. He was unable to break that “Today” show streak, though he brought “G.M.A” quite close to “Today” on several occasions.

In 2011 Mr. Murphy left “G.M.A.” and helped start “Anderson,” the daytime talk show hosted by the CNN anchor Anderson Cooper. Amid behind-the-scenes turmoil over the ratings of the talk show, he stepped down in early 2012.

A CNN spokeswoman! did not immediately respond to a request for comment, but other people familiar with Mr. Murphy’s hiring said it was announced internally on Thursday morning.



Barnes & Noble Reports Big Falloff in Nook Unit

Barnes & Noble suffered a drop in revenue in all three of its major divisions â€" retail, college and Nook â€" for its fiscal third quarter, the company reported Thursday morning. But the falloff in the Nook segment, which includes digital tablets and e-readers, was particularly steep, showing a 26 percent decline in revenues.

The company said earnings before interest, taxes, depreciation and amortization (EBITDA) for the quarter ending Jan. 26 were $55 million, compared with $150 million for the same period a year ago. Consolidated net losses were $6.1 million, compared with net earnings of $52 million a year ago.

The nation’s largest bookstore chain had warned earlier in the month that sales of Nook were disappointing and executives had hinted that the company’s strategy of competing in the highly competitive tablet space had run its course.

On Monday, Leonard Riggio, the company’s largest stockholder and the architect of the company’s ferocious and successful retail expansion n the 1980s and 1990s, announced that he was considering buying Barnes & Noble’s retail operation. Some analysts cheered this announcement because they felt the digital unit, meant to be the company’s savior, was in fact dragging down the worth of the retail stores, which for now remain a viable operation.

That notion got some support with the earnings report. The company saw a decrease in retail sales of more than 10 percent, largely due to store closings. But Barnes & Noble had largely anticipated the lower revenue and despite the sales decline, retail earnings increased 7.3 percent, to $212 million, “resulting from a higher sales mix of higher margin core products and expense management,” the company said.

Meanwhile, revenues in the Nook unit plunged by 26 percent, to $316 million for the quarter, compared with $426 million last year. Losses more than doubled, to $190 million compared to $83 million a year ago. The losses were largely due to lower ! than anticipated sales, inventory charges and higher operating expenses because of advertising costs, the company said.

One bright note was that digital content sales through the Nook unit increased 6.8 percent over the previous year.

The company said that Nook was already implementing a cost reduction program.
“In terms of the NOOK Media business, we’ve taken significant actions to begin to right size our cost structure in the NOOK segment, while also taking a large markdown on NOOK devices in order to enhance our ability to achieve our estimated sales plans in subsequent quarters,” William Lynch, chief executive of Barnes & Noble, said in a written statement.

Still, Mr. Lynch emphasized that the company was not abandoning the Nook division or the digital devices. “NOOK Media has been financing itself since October of 2012 due to the strong investment partners we’ve been able to attract in Microsoft and Pearson,” he said. “Coming off the holiday shortfall, we’re in te process of making some adjustments to our strategy as we continue to pursue the exciting growth opportunities ahead for us in the consumer and digital education content markets.”



The Breakfast Meeting: A Video Campaign Pushes Paper, and Denmark’s Unexpected Advocates of Free Speech

A giant paper maker, Domtar Corporation, has added four video clips with commercials to a campaign called “Paper because” that emphasize paper’s importance in a digital world, Stuart Elliott writes. The first batch of videos was released in 2010 and featured over-the-top vignettes in an office where a crusade to go paperless becomes extreme. The latest releases expand the theme to other situations, like dealing with tech support at home or an overconfident waiter. The videos are only one part of the “Paper because” campaign, which includes, of course, print advertisements.

Suspicion fell on Denmark’s Muslim community shortly after an unsuccessful assassination attept of Lars Hedegaard, an anti-Islam polemicist, earlier this month, Andrew Higgins reports. But Muslim groups in Denmark took an unexpected stance after a man posing as a mail carrier shot at, and missed, Mr. Hedegaard: they condemned the attack and supported Mr. Hedegaard’s right to express himself, even though his views are a combination of conspiracies and anti-Muslim rhetoric. Defending a man they detest suggests a change in attitude, or at least strategy, for Muslim groups at the center of a debate on whether they can adapt to the values of their adopted home.

There is a critical filmmaking profession that remains snubbed in the Oscars ceremony: music supervisors, the people who choose existing music to augment films, are not eligible for an Academy Award, Steve Chagollan writes. Supervisors bemoaned this state of affairs at their third-annual awards ceremony a few weeks ago in West Hollywood, especially because outside music played an important role in films like “Silver Linings Playbook” and “Django Unchained.” The Academy might be given pause by the fact that directors often work with music supervisors to find the perfect fit, and that music supervisors do not exactly create anything. Charles Fox, the chairman of the Academy’s music branch, said originality was the Oscar’s foremost concern. “In all of our categories â€" best song, best score â€" music has to be created specifically for that motion picture,” he said.

It’s been a parlor game among Hollywood types to figure out why “Lincoln,” despite having all the hallmarks of an Oscar-dominating film, lost best picture to “Argo,” Melena Ryzik reports. Insiders said part of the reason may have been that the team behind “Lincoln” overcampaigned, and made voters feel as if they had been force-fed a history lesson. The same overreach could be seen in Sunday’s broadcast itself, Ms. Ryzik writes, which lost coherence in an attempt to push boundaries and appeal to a critical age demographic. The Oscar does not always go to the best movie and the funniest comedian is not always the best host. The also-rans must content themselves with other Hollywood prizes: record-breaking ticket sales and higher ratings.

A senior White House official yelled at journalist Bob Woodward for nearly half an hour last week after Mr. Woodward told him that he planned to question, in a Washington Post article, President Obama’s account of how the budget cuts known as sequestration came to be, Mike Allen and Jim VandeHei write in Politico. The offic! ial later! sent an e-mail that offered apologies but also said Mr. Woodward would “regret staking out that claim.” Mr. Woodward saw the phrase as a veiled threat, though the White House later said none was intended. “They become defensive,” Mr. Woodward said. “This could be a huge issue if the economy takes a hit.”



New Bilingual Web Site to Focus on Latino Health

Add a new health and wellness Web site to the growing number of content portals dedicated to the bilingual, bicultural Latino reader. This site, called Vida Vibrante, will focus on health and wellness issues affecting Latinos.

“There’s a tremendous void in the Hispanic market,” for health resources that are culturally relevant, said Lonnie Jones, the chief executive and founder of the site, who also created a health Web site for African-Americans called BlackDoctor.org.

In order to address the high rates of diabetes among Latinos and how food choices are related to that, for example, “You have to talk about tamales, you have to talk about rice and beans,” Mr. Jones said. A slide show on the site this week, for instance, offers healthy options for Lent, including Mexican chicken enchiladas and Puerto Rican cod stew.

Helen Troncoso, who will contribute to the site, said many people seek content in a “relatable voice.” “Many people re just like me,” Dr. Troncoso wrote in an e-mail. “We are the gatekeepers, who are part of the second generation of Hispanics dealing with our own health struggles, and the struggles within our own families.”

Vida Vibrante, which means Vibrant Life in Spanish, has been available in a stripped-down beta version since October, but will make its official debut Thursday, adding a number of new features. Among them will be a national directory of bilingual doctors, videos, a mobile application and e-mail newsletters. The site will offer visitors the option to read the content in English or Spanish.

“By having a site that’s bilingual, this individual could be talking to their child and at the same time providing information to their abuela,” Mr. Jones said, using the Spanish word for grandmother.

Advertisers on the site will include Optimum Cable and the American Heart Association.



Pandora to Limit Free Listening, Citing Royalty Costs

Faced with rising royalty costs, Pandora will limit the amount of free music that its users will have access to on mobile devices.

In a blog post on Wednesday, Tim Westergren, the founder and public face of Pandora, said that a limit of 40 hours a month on mobile devices would take effect this week for its free service. The change, he said, would affect less than 4 percent of its more than 65 million regular customers, since its average listener spends about 20 hours a month on the service.

To continue listening, Pandora’s mobile users can upgrade to its $36-a-year paid version or switch to listening via computer. A spokeswoman for the company said the move was most likely temporary, but that it had no plans for lifting the limit.

The reason Mr. Westergren gave was the rising cost of its music licenses. Its per-song royalty rates have increased 25 percent over the last three years, he said, and are togo up 16 percent over the next two years.

“After a close look at our overall listening,” he wrote, “a 40-hour-per-month mobile listening limit allows us to manage these escalating costs with minimal listener disruption.”

The cost of music has been a persistent issue for Pandora, which by law pays a fraction of a cent in performance royalties each time a song is played on the service. That has tended to amount to 50 percent to 60 percent of the company’s revenue; it also pays a much smaller portion of its income to music publishers.

More than 75 percent of the listening to Pandora is on mobile devices, but while the company pays the same royalty for both desktop and mobile listening, advertising rates on phones and tablets is lower.

Last year, Pandora, along with Clear Channel Communications and various technology companies, supported the Internet Radio Fairness Act, a Congressional bill that would have changed the process by which a panel of federal judges sets the royalty rates for Internet radio services. The bill â€" and Pandora â€" came under aggressive criticism from the music industry and has not been reintroduced under the new Congress.

In an attempt to lower its publishing costs, Pandora last year also sued the American Society of Composers, Authors and Publishers, or Ascap, one of the major performing rights organizations. That case is pending.

Ben Sisario writes about the music industry. Follow @sisario on Twitter.



Media Companies, on Defensive About Violence, Plan Campaign on Parental Control

Major media companies, facing criticism about the level of violence in their content, are initiating a campaign intended to make parents more aware about ways to limit exposure to violent entertainment.

Representatives for the companies said in a joint news release on Wednesday that they are planning to “roll out a national multimedia campaign” for parents. The effort comes amid renewed scrutiny of film and television violence in the wake of the massacre at Sandy Hook Elementary School in Newtown, Conn., in December.

Some lawmakers and pro-gun activists have pointed fingers of blame at shows, films and video games. Even President Obama, in a speech last month proposing new gun control measures, referred to the need to rethink the way violence is often glorified in entertainment offerings.

At least one activist who was scheduled to testify at a hearing about a proposed assault weapons ban on Wednesday said she was going to encourage “a true discussion about the culture of violence” rather than a ban on certain weapons.

The speaker, a former Republican member of Congress, Sandy Adams, said in her prepared remarks that the combination of violent video games, violent movies and “the desensitizing of death, blood and gore intheir everyday lives is only making the culture more violent.”

The new campaign by the television and film industries and their lobbyists might be seen as a rebuttal to that point of view.

In the news release on Wednesday, representatives for the industries said they would “make a positive contribution to the national conversation on violent behavior by launching a national educational campaign through communications channels including television public
service announcements, educational and informational websites, in-theater advertising, and other media.”

The industry representa! tives include the lobbying groups for filmmakers, theater owners, broadcasters, and cable operators. They said the public service ads would appear on television and on the Web in the months to come. The ads will remind parents about the existing television and film ratings systems and the parental controls that are built into most television sets. Ads about the film ratings system will also be shown in movie theaters.

The industry representatives will also promote Web sites about parental controls, including TV Boss, which includes information about how to “block unwanted programs” and “be the boss of what your child watches.”

Since the shootings in Newtown, the industry’s main message in response to criticism has been that parents have a wide array of media choices at their disposal and have the ability to control the choices their children have.

Separately, makers of violent video games have been conveying similar messages while steeling for a political battle over potential reulation, as The New York Times reported last month.



History Shadows an Upbeat Music Sales Forecast

In early 2004, Billboard magazine ran a cover story with a hopeful headline: “Have Sales Finally Hit Bottom”

The answer, as anyone who has paid attention to the music industry knows, was a most definite no. Aside from a couple of positive blips along the way, the recorded music business â€" shaken by digital media, the Internet and the loss of thousands of record stores â€" has been in precipitous decline for more than a decade.

So for those who have seen the industry’s optimism dashed before, an upbeat report on Tuesday by its global trade body, the International Federation for the Phonographic Industry brought hope and skepticism. According to the report, the trade (or wholesale) value of global recorded music sales in 2012 was $16.5 billion, up 0.3 percent from the year before, the international market’s first year-over-year gain since 1999.

Digital music was responsiblefor much of that growth, such as it is. In developed markets like the United States, people are buying more digital files and starting to subscribe in significant numbers to streaming services like Spotify. (They are also getting less and less music through unauthorized peer-to-peer networks, according to another report on Tuesday by the NPD Group, a consumer-research firm.) These services are also rapidly spreading overseas. “Major” ones like iTunes, Spotify and Deezer are now available in more than 100 countries, up from 23 just two years ago, according to the I.F.P.I., while some countries, like Kenya and Vietnam, saw their first digital music services open last year.

“Digital is saving music,” said Edgar Berger, Sony Music’s in! ternational chief.

Those trends are all positive, and if they continue they could allow the music industry to earn money in areas once thought completely spoiled by piracy. But despite this good news, there are still some possible problems, as well as questions about how the new digital economy will work.

One issue is the future of of CDs, which still represent the majority of sales (and industry revenue) around the world; in Japan, for example, the world’s second-largest music market, CD sales are actually growing. But these are under threat from the loss of stores like the HMV chain in Britain, which recently entered bankruptcy proceedings, and from shrinking shelf space at brick-and-mortar stores everywhere.

And while the I.F.P.I.’s report trumpets Sweden, Norway and India as exemplary digital markets, it is unclear what the rest of the worldcould learn from them. India’s legitimate music sales are a tiny fraction of its overall entertainment spending, in large part because of piracy, and as Glenn Peoples at Billboard has pointed out, Norway’s population is about the size of Kentucky’s.

The popularity of digital music services itself poses some difficulties. In the United States, rising competition and thin operating margins could force subscription services to reduce their prices from the current standard of about $10 a month; according to some reports, Spotify may already be pushing for this in its latest round of label negotiations. Lower prices could help these services attract millions of new customers, but they would likely also further reduce royalties, an issue that has drawn serious concern among artists and their advocates.

So what does it mean to “save” the music industry Few expect! the busi! ness to ever return to the salad days of 1999, when worldwide trade revenue was about $29 billion, and the world had just seen the arrival of the peer-to-peer system Napster. Many artists have long since adapted to the idea that recordings will no longer be their biggest source of income, even if they may be the foundation around which the artists build a more diversified career.

For the record industry, it may be too soon to declare victory. But the I.F.P.I.’s report, along with other data and analysis, make a decent argument that the bleeding has at least been stanched. The industry’s challenge is to expand digital services more quickly and more profitably than the rate at which CD sales die out, and it looks as though that has finally been achieved.

Yet another report on Tuesday gave a glimpse of how success might look. The report, by the British media research firm Enders Analysis, had a rosy title: “U.S. Recorded Music Gets Some Mojo.” It said that music sales “touched bottom” lst year and projected that retail sales in the United States, estimated at $5.3 billion last year, would reach $5.7 billion by 2016, a growth of 7.5 percent over four years.

That may be billions less than the industry was making at its peak. But at least it is not less than it makes now.

Ben Sisario writes about the music industry. Follow @sisario on Twitter.



Edelman Names Executive for New Content Role

The race to take advantage of new ways that consumers read, watch and listen to content â€" and how marketers want to sponsor those initiatives â€" is leading a giant public relations agency to name a senior executive to a new, content-centric post.

Steve Rubel, who had been executive vice president for global strategy and insights at Edelman in New York, part of Daniel J. Edelman Inc., is being named the agency’s chief content strategist, effective Wednesday morning.

Mr. Rubel, who has worked at Edelman since 2006, will be responsible for efforts to maximize the benefits of content appearing in various forms of media â€" paid, earned, owned and shared â€" on behalf of clients. He will report to Jackie Cooper, who was recently named global chairwoman for creative strategy.

Such efforts are all the rage on Madison Avenue as advertisers become increasingly interested in innovative forms of presenting pitches in realms like social media. There are discussions about, for instance, marketin in real time, like the posting of comments to Twitter accounts as news events take place, and whether brands ought to support content-creation units that operate around the clock like newsrooms.

The new buzz phrase for all that is content marketing, although it is also being called content advertising and native advertising. Some are sticking to more familiar terms when they discuss the trend, like branded content, branded entertainment and advertorials.

“We’re seeing a changed competitive landscape,” Richard Edelman, president and chief executive at Edelman, said in a phone interview on Tuesday. “All of a sudden, clients are open to ideas from P.R. firms, digital agencies, media-buying agencies, not just creative shops.”

In fact, this week, a media agency, Mindshare, part of the GroupM division of WPP, said it had started a content marketing practice and named a longtime executive, Stacy Minero, to oversee it as head of content marketing and strategic partnerships for the United States.

“We’re being asked to be a force in this new area,” Mr. Edelman said, and the agency is accepting the challenge, “partly for offense and partly for defense.”

The Edelman agency has already been working on content marketing assignments, he added, citing an example of a sponsored article on BuzzFeed.com, on behalf of the Schick division of Energizer Holdings, that turned the “photobombing” phenomenon in social media into “razorbombing.”

Mr. Rubel, who joined Mr. Edelman for the interview, said he welcomed his new post.

“I’ve been in the P.R. business for 20 years, and I’ve never been more excited,” said Mr. Rubel,43. He likened his task to “putting a content engine inside Edelman” that “complements the great work we’ve been doing for 60 years.” (The agency was founded in 1952.)

“A lot of questions need to be worked out” as content marketing proceeds, Mr. Rubel said, particularly the “church/state” question â€" that is, the separation of the editorial and business sides of the media that are being asked to work with advertisers on content marketing. There are concerns that blurring the line between editorial content and ad content will diminish the value of the media in which the ad content appears.

“I want to be there to be part of those conversations,” Mr. Rubel said.

He is, at least when it comes to one form of social media: Mr. Rubel has more than 76,000 followers on Twitter.



The Breakfast Meeting: A Loss at DreamWorks Animation, and a Cute Interspecies Rescue Was Fake

DreamWorks Animation reported an $82.7 million loss in the fourth quarter after taking an $87 million write-down related to the flop “Rise of the Guardians,” Brooks Barnes reports. DreamWorks shares dropped 1.3 percent in regular trading and less than 1 percent in after-hours trading. Jeffrey Katzenberg, the company’s chief executive, said there would be layoffs of around 350 of the company’s 2,000 employees.

An adorable and widely disseminated YouTube clip that appeared to show a pig rescuing a goat struggling in water was, in fact, carefully staged, Dave Itzkoff reports. The video was shared on Twitter by Time magazine and Ellen DeGeneres; broadcast on NBC’s “Today” show and its “Nighly News” program, ABC’s “Good Morning America” and Fox News. (Brian Williams, anchor of NBC’s “Nightly News,” said “we have no way of knowing it’s real” when the video aired.) The video was staged for “Nathan for You,” a show that will debut on Comedy Central on Thursday. Nathan Fielder, the show’s host, said that the media attention was completely unexpected. “If we were trying to pull an elaborate hoax on the news, I think we could have pushed further,” he said.

Twitter hashtags tied to TV shows saturate many broadcasts, allowing stars and producers instant feedback. Shows are now working to close the feedback loop and incorporate those instant responses on the air, Brian Stelter reports. For instance, “American Idol” will start using Twitter to poll its audience on Wednesday and will incorporate the results into a “fan meter”; the show’s pr! oducers hope it will engage younger viewers and encourage people to watch live so that their Tweets are added to real-time results. The most successful way to combine social media and television appears to involve true interactivity rather than “talking to” an audience, said Mark Ghuneim, a co-founder of Trendrr, a company that tracks online chatter about TV shows.

Bounce TV, a network that features programming developed for African-American audiences, is hiring new ad-sales employees and opening a New York office after selling commercial time to blue-chip marketers like General Motors, McDonald’s and Johnson & Johnson, Stuart Elliott writes. Bounce TV reaches 77 million American television homes and 86 percent of African-American television homes, Jonathan Katz, its chief operating officer, said. The moves also come after Nielsen began to measure viewership and issue ratings or the network.

ABC News is shoring up its political coverage with a few high-profile hires, Dylan Byers reports on Politico. ABC News’s president, Ben Sherwood, has been courting political reporters from The Washington Post, The New York Times and other outlets to strengthen the network’s Washington bureau after several departures. The network announced the hiring of New York Times political reporters Jeff Zeleny and Susan Saulny this week, which may be an indication that it plans to change the nightly news broadcast’s focus from human interest pieces to more political fare. ABC News’s political coverage already has a strong online presence, through its partnership with Yahoo News, Mr. Byers writes.



Christie’s Honeymoon With Conservatives Is Over

In September 2011, when Gov. Chris Christie of New Jersey was considering making a last-minute entry into the presidential race, I pointed out an incongruity in Republican attitudes toward him. Many Republican organizations and activists, including some very conservative ones, were enthusiastic about the possibility that Mr. Christie might enter the presidential race. But Mr. Christie’s history of actions and issue statements was fairly moderate.

Roughly 18 months later, the attitude toward Mr. Christie has changed. Mr. Christie has not been invited to the annual Conservative Political Action Conference, or CPAC, which will gather next month. Mr. Christie’s failure to be inited is not a mere oversight; virtually every other prominent Republican who might be a plausible nominee in 2016 has been asked to participate.

Isn’t it premature to conclude very much about 2016 dynamics based on something that is happening in February 2013

Actually, as I wrote in my piece on Marco Rubio week, the Republican primary is already under way. Candidates like Mr. Rubio, Rand Paul, Jeb Bush, and Bobby Jindal are already positioning themselves with an eye toward 2016.

The broader public certainly won’t be paying much attention to what they do or say for a very long time. But the nomination process is as much an inside game as an exercise in voting. The candidates who perform well in the so-called invisible primary â€" the phase of the campaign when candidates seek to accumula! te scarce resources like money, endorsements, staff talent and favorable relationships with the news media â€" will be far better positioned to succeed once voters in Iowa and New Hampshire get to have their say.

The veto of Mr. Christie by CPAC, which represents a relatively broad coalition of conservative and Republican interest groups, is an ominous sign for him. Candidates who have won the CPAC straw poll in the recent past include Mitt Romney and Rudolph W. Giuliani, other Republicans with whom some conservatives have had considerable disagreements. So the fact that Mr. Christie has not even been invited to the conference this year says something.

Mr. Christie was in good graces of CPAC as recently as last June, when he was the headliner at a regional conferene the group sponsored in Chicago.

So what has changed Is it Mr. Christie, or is it CPAC

In fact, I’m not sure that either has. Instead, what seems to have changed is the salience of different issues, as driven by major news events over the past year.

Mr. Christie has long been an advocate of gun-control policies, for example. But that issue has become far more relevant since the shootings in Newtown, Conn.

Mr. Christie has also taken moderate positions on immigration. Immigration was an issue in the 2012 campaign, but it seems to have grown in importance now, after the poor performance of the Republicans with Hispanic voters November, and the push by President Obama and by some Republicans in Congress for immigration legislation.

Of course, there was Hurricane Sandy, which yielded Mr. Christie’s literal and figurative embrace of Mr. Obama, and h! is later criticism of Congressional Republicans for failing to pass a disaster-relief bill. This is an important symbolic issue, but would Mr. Christie have behaved differently if the storm had hit in 2010 or 2011

And on Tuesday, Mr. Christie became the eighth Republican governor to announce that he will accept Medicaid expansion under the president’s health care law, in spite of his party’s general opposition to the law.

Contrast this to the political climate in late 2011, when Mr. Christie was winning praise from conservatives for his statements toward teachers’ unions â€" an issue that was then in the news because of the protests against efforts by Gov. Scott Walker of Wisconsin to curtail benefits for public-sector unions in thatstate. Mr. Christie also takes relatively conservative views on gay marriage and abortion, social issues that had the stage more to themselves in 2011, but which may have to compete more against immigration and gun control in the next political cycle.

So far as I can tell, Mr. Christie hasn’t changed his positions on any of these issues very much. Rather, it’s that Mr. Christie had a number of relatively moderate positions to begin with, along with some conservative ones.

Does that mean there could be a reconciliation between Mr. Christie and conservative groups later on It’s certainly possible. Surely the news cycle will shift again. And Mr. Christie could shift his stances to the right, especially once he secures re-election in New Jersey next year, as he is heavily favored to do.

But my premise when I wrote about Mr. Christie in 2011 was that conservatives had been underrating how moderate Mr. Christie was â€" perhaps because they were so desperate at that time to find alte! rnatives ! to Mr. Romney and their other candidates. Now that he’s been “outed” as a moderate, it may be hard to close the closet door.

Mr. Christie, meanwhile, will need to consider whether to compete for the Republican nomination in 2016. While the mainstream media tends to chronically overrate the likelihood of a viable independent bid for the presidency, Mr. Christie would be better positioned to seek one than most, with very high favorability ratings among independent voters and the access to money and news media attention that comes from being a prominent politician in the Northeast. Or he could shoot for another office. Because of the ethical cloud surrounding Senator Robert Menendez, the Democratic incumbent in New Jersey, the Senate race in New Jersey coud be very competitive in 2018.

Mr. Christie’s relationship with conservative Republicans, however, may have been doomed from the start.



SFX Entertainment Buys Electronic Dance Music Site

SFX Entertainment, the company led by the media executive Robert F. X. Sillerman, has agreed to buy the music download site Beatport, part of the company’s plan to build a $1 billion empire centered on the electronic dance music craze.

Mr. Sillerman declined on Tuesday to reveal the price. But two people with direct knowledge of the transaction, who were not authorized to speak about it, said it was for a little more than $50 million.

Beatport, founded in Denver in 2004, has become the pre-eminent download store for electronic dance music, or E.D.M., with a catalog of more than one million tracks, many of them exclusive to the service. It says it has nearly 40 million users, and while the company does not disclose sales numbers, it is said to be profitable.

The site has also becoe an all-purpose online destination for dance music, with features like a news feed, remix contests and D.J. profiles. Those features, and its reach, could help in Mr. Sillerman’s plan to unite the disparate dance audience through media.

“Beatport gives us direct contact with the D.J.’s and lets us see what’s popular and what’s not,” Mr. Sillerman said in an interview. “Most important, it gives us a massive platform for everything related to E.D.M.”

Since the company was revived last year, SFX has focused mostly on live events, with the promoters Disco Donnie Presents and Life in Color; recently it also invested in a string of nightclubs in Miami and formed a joint venture with ID&T, the European company behind festivals like Sensation, to put on its events in North America.

In the 1990s, Mr. Sillerman spent $1.2 billion creating a nationwide network of concert promoters under the name SFX, which he sold to Clear Channel Entertainment in 2000 for $4.4 billion; those ! promoters are now the basis of Live Nation’s concert division.

Matthew Adell, Beatport’s chief executive, said that being part of SFX could help the company extend its business into live events, and also into countries where the dance genre is exploding, like India and Brazil.

“We already are by far the largest online destination of qualified fans and talent in the market,” Mr. Adell said, “and we can continue to grow that.”



SFX Entertainment Buys Electronic Dance Music Site

SFX Entertainment, the company led by the media executive Robert F. X. Sillerman, has agreed to buy the music download site Beatport, part of the company’s plan to build a $1 billion empire centered on the electronic dance music craze.

Mr. Sillerman declined on Tuesday to reveal the price. But two people with direct knowledge of the transaction, who were not authorized to speak about it, said it was for a little more than $50 million.

Beatport, founded in Denver in 2004, has become the pre-eminent download store for electronic dance music, or E.D.M., with a catalog of more than one million tracks, many of them exclusive to the service. It says it has nearly 40 million users, and while the company does not disclose sales numbers, it is said to be profitable.

The site has also becoe an all-purpose online destination for dance music, with features like a news feed, remix contests and D.J. profiles. Those features, and its reach, could help in Mr. Sillerman’s plan to unite the disparate dance audience through media.

“Beatport gives us direct contact with the D.J.’s and lets us see what’s popular and what’s not,” Mr. Sillerman said in an interview. “Most important, it gives us a massive platform for everything related to E.D.M.”

Since the company was revived last year, SFX has focused mostly on live events, with the promoters Disco Donnie Presents and Life in Color; recently it also invested in a string of nightclubs in Miami and formed a joint venture with ID&T, the European company behind festivals like Sensation, to put on its events in North America.

In the 1990s, Mr. Sillerman spent $1.2 billion creating a nationwide network of concert promoters under the name SFX, which he sold to Clear Channel Entertainment in 2000 for $4.4 billion; those ! promoters are now the basis of Live Nation’s concert division.

Matthew Adell, Beatport’s chief executive, said that being part of SFX could help the company extend its business into live events, and also into countries where the dance genre is exploding, like India and Brazil.

“We already are by far the largest online destination of qualified fans and talent in the market,” Mr. Adell said, “and we can continue to grow that.”



CBS Finishes February Sweep Month on Top

With the Super Bowl, the Grammy Awards and the strongest regular lineup in television all on its schedule this month, it should be no surprise that CBS will be the big winner when the official February sweep rating period closes Wednesday night.

But the result will actually break one long streak of futility for CBS: this will be the first time since 1998 that the network will finish first in the most important category for advertising sales, viewers between the ages of 18 and 49.

CBS’s traditional strength is among older viewers, but this month the numbers in the 18-to-49 category fell decidedly in its favor. With just two nights left to be counted, CBS is averaging a 4.3 rating in that group, far ahead of ABC, which is second with a 2.2 rating. Fox is now third, with a 2 rating. That is an unusual place for that network because for a decade it has ridden high in February on the strength of “American Idol.”

NBC is trailing, of course. Its number, a 1.2 among the 18-to-49 audience, s the worst ever for a network, and well behind the Spanish-language network Univision, which is averaging a 1.5.

CBS last won in a February sweep 15 years ago, and it took covering a Winter Olympics to do it that time. But CBS’s longtime strategy of assembling the biggest audiences possible, without focusing strictly on younger adults, has never seemed more sound.

For the month, CBS â€" backed by those big events â€" is averaging 15.46 million viewers in prime time. The closest competitor is ABC, with less than half that total, 7.32 million. Fox has dropped 13 percent in a year, and is down to 6.1 million viewers. NBC, which had the Super Bowl last year to inflate its numbers, has had a plunge to 3.96 million viewers, from 10.26 million.

Perhaps the most striking example of CBS’s appeal to the mass of viewers is this statistic from February: For the month, in terms of scripted entertainment shows (that means no sports, award shows or reality ! shows), individual episodes of shows on CBS occupy the first 31 places in terms of total viewers.

To be fair, this only includes viewing based on the episodes’ being watched on the same day they are broadcast. The show in 32nd place, ABC’s “Modern Family,” for example, gains well over four million viewers when delayed viewing of its episodes is included.

But CBS’s dominance in terms of appealing to the largest number of people is unassailable. The network often brands itself, accurately, as “the most-watched network.” In February, no other network comes close.



An Unusually Partisan Confirmation Vote

Former Nebraska Senator Chuck Hagel was confirmed Tuesday as President Obama’s new secretary of defense. Mr. Hagel â€" after failing to clear a Republican filibuster 12 days ago â€" cleared a cloture vote easily early Tuesday before being confirmed by the Senate by a vote of 58 to 41.

But Mr. Hagel’s confirmation vote was far more partisan than those for other recent secretaries of defense. For the data we have available â€" covering all defense secretary votes since Jimmy Carter was sworn in as president in January 1977 â€" Mr. Hagel is the only defense secretary to be confirmed with fewer than 90 votes.

Source: Senate.gov

In fact, three recent nominees â€" Donald Rumsfeld, Les Aspin and Harold Brown â€" faced such little opposition that they were confirmed by a voice vote, where senators are not even troubled to go on the record with a yea or nay.

John Tower, former President George Bush’s nominee for defense in 1989, was rejected by the Senate after allegations of “womanizing” and “hard drinking.” But the rejection of a cabinet nominee is exceedingly rare; it has happened only nine times. Instead, troubled cabinet nominations are usually withdrawn.

Mr. Hagel is in the rare position of gaining confirmation with less than overwhelming support in the Se! nate.



DreamWorks Reports $82.7 Million Loss

LOS ANGELES - Charges totaling $165 million, including a hefty write-down related to the underperforming movie “Rise of the Guardians,” prompted DreamWorks Animation to report an $82.7 million loss in the fourth quarter.

The company reported quarterly financial results on Tuesday after the close of trading. The company’s shares dropped 3.5 percent in after-hours trading, but recovered to about $16.50, a decline of less than 1 percent.

“Rise of the Guardians,” which was released in November and directed by Peter Ramsey, cost more than $250 million to make and market, but took in less than $303 million at the global box office; that gross is split 50-50 with theater owners. The company said on Tuesday that it would take an $87 million write-down for the film.

DreamWorks Animation, which has a remarkably consistent track record of hits, had strong hopes that “Rise of the Guardians” would start a new franchise. But families did not respond to its dark take on some classic childood characters like the Easter bunny and instead it became perhaps the biggest flop in the company’s history.

The company, based in Glendale, Calif., also took fourth-quarter charges of $54 million related to a recent decision to pull a movie planned for release next year (“Me & My Shadow”) from its release schedule. As part of its reshuffling of releases, DreamWorks Animation is expected to lay off several hundred of its 2,000 employees.

Jeffrey Katzenberg, the company’s chief executive, mentioned the layoffs during a conference call with analysts on Tuesday, but did not specify their size or say when they would occur. The plan, he said, is to “meaningfully reduce our overall cost structure.”

For the quarter, DreamWorks Animation reported a loss of $82.7 million, or 98 cents a share, compared with a profit of $24.3 million, or 29 cents a share, for the same period a year ago. Revenue was $264.7 million in the recent quarter.

Bec! ause of the charges, which also included $20 million related to films in development and $4.6 million in restructuring costs, DreamWorks Animation reported a loss of $36.4 million for the year.

Mr. Katzenberg noted that the company scored big last year with “Madagascar 3: Europe’s Most Wanted,” which took in $746.6 million at the global box office. Still, he said, “One of the new challenges we face is heightened competition for family audiences,” making the perfect release date for films “critically important.”



DreamWorks Reports $82.7 Million Loss

LOS ANGELES - Charges totaling $165 million, including a hefty write-down related to the underperforming movie “Rise of the Guardians,” prompted DreamWorks Animation to report an $82.7 million loss in the fourth quarter.

The company reported quarterly financial results on Tuesday after the close of trading. The company’s shares dropped 3.5 percent in after-hours trading, but recovered to about $16.50, a decline of less than 1 percent.

“Rise of the Guardians,” which was released in November and directed by Peter Ramsey, cost more than $250 million to make and market, but took in less than $303 million at the global box office; that gross is split 50-50 with theater owners. The company said on Tuesday that it would take an $87 million write-down for the film.

DreamWorks Animation, which has a remarkably consistent track record of hits, had strong hopes that “Rise of the Guardians” would start a new franchise. But families did not respond to its dark take on some classic childood characters like the Easter bunny and instead it became perhaps the biggest flop in the company’s history.

The company, based in Glendale, Calif., also took fourth-quarter charges of $54 million related to a recent decision to pull a movie planned for release next year (“Me & My Shadow”) from its release schedule. As part of its reshuffling of releases, DreamWorks Animation is expected to lay off several hundred of its 2,000 employees.

Jeffrey Katzenberg, the company’s chief executive, mentioned the layoffs during a conference call with analysts on Tuesday, but did not specify their size or say when they would occur. The plan, he said, is to “meaningfully reduce our overall cost structure.”

For the quarter, DreamWorks Animation reported a loss of $82.7 million, or 98 cents a share, compared with a profit of $24.3 million, or 29 cents a share, for the same period a year ago. Revenue was $264.7 million in the recent quarter.

Bec! ause of the charges, which also included $20 million related to films in development and $4.6 million in restructuring costs, DreamWorks Animation reported a loss of $36.4 million for the year.

Mr. Katzenberg noted that the company scored big last year with “Madagascar 3: Europe’s Most Wanted,” which took in $746.6 million at the global box office. Still, he said, “One of the new challenges we face is heightened competition for family audiences,” making the perfect release date for films “critically important.”



Barbara Walters to Return to ‘The View’

After more than a month sidelined with chicken pox, Barbara Walters will return to her hit ABC daytime show, “The View,” starting next week.

Ms. Walters made the announcement herself during a phone call to “The View” Tuesday morning from her Manhattan apartment.

“Like it or not, I’m coming back on the show again,” Ms. Walters said. “I haven’t been contagious for a while, but they wanted me to have rest, and I’ve had enough rest and I’m ready to come back.”

Ms. Walters also suffered a concussion after she fell and hit her head while in Washington around the time of the Inauguration. She spent a week with an undiagnosed fever until doctors declared she had contracted chicken pox, an unusual condition for a person Ms. Walters age. She is 83.

The longtime ABC News journalist is an executive producer on “The View.”



Cablevision Sues Viacom Over Bundling of Little-Watched Channels

In the escalating battle between media companies and cable and satellite providers, Cablevision filed a lawsuit against Viacom on Tuesday, accusing the media company of forcing it to carry 14 little-watched cable channels.

The lawsuit filed in federal court in Manhattan alleges that Viacom illegally bundled its channels, forcing Cablevision to pay for Palladia, MTV Hits and VH1 Classic, in order to offer consumers the company’s more popular cable channels like MTV, Comedy Central and Nickelodeon. The cost of carrying those smaller channels is passed on to customers’ cable bills, Cablevision said.

“The manner in which Viacom sells its programming is illegal, anticonsumer and wrong,” Cablevision said in a statement. “Viacom effectively forces Cablevision’s customers to pay for and receive little-watched channels in order to get the channels they actually want.”

In a statement, Viacom said it would “vigorously defend this transparent attempt by Cablevision to use the courts o renegotiate our existing two-month-old agreement.”

Viacom said that like other programmers, it does not explicitly require distributors to bundle all of its channels together; rather, the company provides financial incentives to bundle by offering lower prices when smaller channels are grouped together with bigger channels.

In its statement, Viacom said that it had “long offered discounts to those who agree to provide additional network distribution” and that most distributors view these arrangements as “a win-win and pro-consumer.” Federal courts have upheld these arrangements in the past, Viacom said.

Cablevision said the lawsuit was filed under seal, so it will not be accessible to the public.

The lawsuit represents a turning point in the debate over “bundling,” or the practice of selling channels to cable and satellite providers in a package. Government regulators are currently considering whether bundling is anticompetitive an! d limits competition.

Those disputes have simmered into the public lately. This summer DirecTV pulled Viacom’s channels after the companies could not agree on a new contract. Dish Network recently took down AMC, IFC and WE tv, all channels owned by AMC Networks, after the company required Dish to carry its low-rated channels in order to get AMC, the station that broadcasts “Mad Men” and the zombie thriller “Walking Dead.”

Dave Shull, the senior vice president for programming at Dish, said at one point during the nearly four-month battle with AMC that “AMC Networks requires us to carry low-rated channels like IFC and WE tv to access a few popular AMC shows. The math is simple: it’s not a good value for our customers.”

Cablevision, which like AMC Networks is controlled by Charles F. Dolan, said in a statement the dispute would not result in an immediate disruption in programming.

For Cablevision, the lawsuit may be a way to garner public support for its point of view an simultaneously tar Viacom. Cable distributors like Cablevision have been trying to portray themselves as pro-consumer and resistant to price increases, even while carrying out those very same price increases. They have argued for years â€" more and more loudly of late â€" that channel owners like Viacom are the ones requiring them to raise the monthly cost of television service.

The channel owners rebut that position by pointing to the big profits that distributors report on a quarterly basis.

Partly because of the rising cost of cable, pressure has been mounting on the bundling system for years. But there has been little if any structural change â€" both channel owners and distributors have found it in their best interests to keep it intact.

There have been tremors, however. In January, Suddenlink, the No. 11 distributor in the country in terms of subscriber base, proposed to Fox Networks, the cable unit of News Corporation, that Fox could set prices for each of its channels, big ! ones like! FX and tiny ones like Fox Soccer and Fuel, and then customers could choose to pay for only the ones they wanted.

Suddenlink publicized the offer, calling it “an attempt to respond to what our customers have said they wanted.” But Fox refused the offer. Four hours later, the companies said they had reached an agreement in principle to keep all the channels â€" and thus keep the system intact.



Variety Goes Weekly; Names Three Top Editors

LOS ANGELES â€" Daily Variety is dead. Long live Variety

The failing entertainment trade publication on Tuesday said that it would become a weekly magazine starting March 26. Michelle Sobrino, its new publisher, also said Variety.com would drop its pay wall and announced a trio of new editors.

Variety, purchased for $25 million in October by Penske Media, which owns the competing Hollywood news site Deadline.com, was once a must-read, but has suffered mightily from mismanagement, vanishing advertisers and faster and more aggressive blog competitors.

This is how dire Variety’s situation has become: In January, high season for movie news because of the Oscars, Golden Globes and the Sundance Film Festival, Variety.com attracted just 472,000 unique visitors, a 28 percent drop from the same month a year earlier, according to comScore. Meanwhile, Deadline.com surged 32 percent, attracting2.3 million unique visitors.

Variety has operated a pay wall since 2009. It will drop March 1.

“We look forward to welcoming back longtime Variety readers,” Jay Penske, chairman and chief executive of Penske Media Corporation, said in the announcement, which appeared in Tuesday’s Variety.

Three journalists, all of whom have the title editor in chief, are charged with a turnaround. Claudia Eller will leave The Los Angeles Times to oversee film coverage. Cynthia Littleton, most recently Variety’s deputy editor, will lead television reporting, and Andrew Wallenstein, most recently a TV editor, will oversee digital content, according to Variety’s announcement.

Variety appears to be following the lead of its longtime rival, The Hollywood Reporter, in becoming a once-a-week magazine with a heavy Web presence. The Reporter, lead by Janice Min and Lynne Segall, has staged a remarkable turnaround since its 2010 redesign.

Underscoring how competitive the world of entertainment trade news has become, Deadline.com did not go easy on its corporate sibling. It’s headline covering Variety’s news: “Can This Failing Trade Be Saved”



Susan Saulny Leaves The Times for ABC News

ABC News said Tuesday that it had hired Susan Saulny, a national correspondent for The New York Times, to be a correspondent for the network in Washington.

Her hiring came one day after ABC poached Jeff Zeleny, one of the newspaper’s best-known political correspondents, to be the network’s senior Washington correspondent.

“Susan has spent the last 12 years with The New York Times covering national news and contributing to the paper’s digital video efforts,” the ABC News president Ben Sherwood wrote in an internal memorandum that called her “a superb reporter and writer.” She will start work at ABC next month.

Before joining The Times, Ms. Saulny was a staff writer for The Washington Post. Jill Abramson, the executive editor of The Times, said in a statement last week that “the second I asked Susan to focus on video during the 2012 campaign, I knew TV xecutives would come swooping down on her.” She added, “She’s a tremendously gifted reporter and writer who, perhaps unfortunately for me, lights up any screen.”

The Times increasingly finds itself in competition with television, as it produces more video for its Web site and as television networks produce more articles for their Web sites.

Two weeks ago, Ms. Abramson appointed Rick Berke, a former political correspondent, Washington editor and assistant managing editor for The Times, to direct the news organization’s video content development. She said at the time that Mr. Berke “will give us a fresh eye as we rethink and reexamine our video priorities and he will play a pivotal role as we make video a much larger part of our journalistic mission.”

A week earlier, The Times hired Rebecca Howard, the head of video development at the AOL Huffington Post Media group, to be the company’s general manager of video production.

The ! back-to-back departures by high-level reporters are rare for an institution like The Times, and they caused some uneasiness when they were reported to be imminent by Politico last week. They come at a time when The New York Times Company has sought to shrink newsroom expenses. Last month, the company completed a round of buyouts and layoffs of about 30 managers.



The Breakfast Meeting: A Bid to Privatize Barnes & Noble Stores, and a Magazine Merger’s Culture Clash

Leonard S. Riggio, Barnes & Noble’s 71-year-old chairman, is preparing a bid to buy the company’s 689 stores that would save them from a risky future in public markets, Michael J. de la Merced writes. The move would effectively separate the retail arm from Nook Media, the company’s struggling e-book division, although it seems probable that Nook devices would still be featured in the stores. Analysts thought the deal made sense only if Mr. Riggio paid a low price for the legacy stores, which analysts valued between $484.5 million to more than $1 billion. Investors appeared sanguine Monday, as Barnes & Noble shares jumped 11.5 percent, to $15.06.

As details emerge of the union of some Time Inc. magazines and Meredith Corporation, employees at both companies are concerned about the diffiulties of combining two starkly different corporate cultures, Christine Haughney reports. Time is famously hierarchical and lavish with expenditures, while Meredith is more personable and prudent about spending. The last time the two cultures combined, when Jack Griffin took control of Time Inc. after a stint at Meredith, things did not work out (Mr. Griffin lasted six months). This merger may go more smoothly because flagship Time Inc. titles, like Time, Sports Illustrated and Fortune, are not part of the deal.

Distillers, rejoice, Stuart Elliott advises: a commercial for Baileys Irish Cream liqueur, sold by Diageo, is believed to be the first for a national spirits brand to appear during the Academy Awards. Makers of distilled spirits voluntarily avoided televisi! on for decades, but that changed starting with a Crown Royal advertisement in 1996. Networks are still cautious about airing liquor commercials, and tend to broadcast them at night and not during big events like the Super Bowl. Some other highlights from the broadcast included a series of Samsung ads culminating with an uncharacteristically squeamish Tim Burton and an action-packed update to Grey Poupon’s “Pardon me” campaign.

Craig Zadan and Neil Meron, who produced the Academy Awards broadcast, and Seth MacFarlane, who was the host, were excoriated by some members of the Academy and others for a broadcast that was criticized for crossing the line from irreverent to offensive, Michael Cieply and Brooks Barnes write. The sho attracted a bigger audience, 40.3 million viewers compared with last year’s 9.3 million, and ratings up 3 percent. Mr. MacFarlane was castigated by the Anti-Defamation League, but fellow comedians proved more understanding.

The New York Times Company said on Monday that The International Herald Tribune would be renamed The International New York Times to focus on the company’s core brand, Christine Haughney and Eric Pfanner report. The name change would be coupled with a Web site redesign for international audiences. Mark Thompson, the president and chief executive of the Times Company, said in a statement that the change! would he! lp take advantage of “significant potential to grow the number of New York Times subscribers outside of the United States.”

The British Broadcasting Corporation said it and other news organizations would oppose a British government effort to limit information disclosed to an investigation into the death of Alexander V. Litvinenko, a former K.G.B. officer who died of radiation poisoning in 2006, Alan Cowell writes. The BBC reported that the government had planned to apply for a Public Interest Immunity certificate, usually issued on grounds of national security. Mr. Litvinenko, who ingested a rare radioactive isotope at the Pine Bar of the Millennium Hotel in central London, said that he thought the Russian government had poisoned him for working with British and Spanish intelligence agencies. His wife, Marina, also opposes limiting information, and a lawyer representing hersaid that British agencies did not do enough to protect Mr. Litvinenko.



Did Democrats Get Lucky in the Electoral College

President Obama won the Electoral College fairly decisively last year despite a margin of just 3.8 percentage points in the national popular vote. In fact, Mr. Obama would probably have won the Electoral College even if the popular vote had slightly favored Mitt Romney. The “tipping-point state” in the election â€" the one that provided Mr. Obama with his decisive 270th electoral vote â€" was Colorado, which Mr. Obama won by 5.4 percentage points. If all states had shifted toward Mr. Romney by 5.3 percentage points, Mr. Obama would still have won Colorado and therefore the Electoral College â€" despite losing the national popular vote by 1.5 points.

Contrast this Democratic advantage in the Electoral College with the Republican advantage in theHouse of Representatives. Democrats actually won slightly more votes in the House elections last year (about 59.5 million votes to the G.O.P.’s 58 million). Nevertheless, Republicans maintained a 234-201 majority in the House, losing only eight seats.

Democrats are quick to attribute the Republican advantage in the House to gerrymandering. This is certainly a part of the story. Republicans benefited from having an extremely strong election in 2010, giving them control of the redistricting process in many states. (Although Democrats were no less aggressive about creating gerrymandered districts in states like Illinois.)

However, much or most of the Republican advantage in the House results from geography rather than deliberate attempts to gerrymander districts. Liberals tend to cluster in dense urban centers, creating districts in which Democrats might earn as much as 8! 0 or 90 percent of the vote. In contrast, even the most conservative districts in the country tend not to give more than about 70 or 75 percent of their vote to Republicans. This means that Democrats have more wasted votes in the cities than Republicans do in the countryside, depriving Democrats of votes at the margin in swing districts. Eliminating partisan gerrymandering would reduce the G.O.P.’s advantage in the House but not eliminate it.

But if this geographic principle holds true for the House, why doesn’t the same apply for the Electoral College

Actually, it might hold true, if state boundaries were drawn a different way, and the states were required to have equal populations (as Congressional districts are). Neil Freeman, a graphic artist and urban planner, created just such a map in which the nation’s population was divided into 50 states of equal population. Mr. Freeman’s map also sought to keep metro areas within the same state â€" so, for instance, Kansas City and its suburbs would be entirely within the new state of “Nodaway” rather than divided between Kansas and Missouri.

Nate Cohn, of The New Republic, calculated what would have happened had the Electoral College been contested under Mr. Freeman’s map. He found that Mr. Romney probably would have won, by virtue of narrow victories in the new tipping-point states of Susquehanna (which consists of portions of Pennsylvania, West Virginia and Maryland) and Poc! ono (form! ed from rural and suburban portions of present-day Pennsylvania and New York).

We must qualify Mr. Cohn’s answer because the margin would have been so close in these states that the election would have gone to a recount. Nonetheless, the new boundaries would have been enough to shift us from a map in which Democrats had an Electoral College advantage (relative to their share of the popular vote) to one in which it would have considerably helped Mr. Romney.

Mr. Cohn concludes from this that the Democrats’ apparent advantage in the Electoral College is “a product of luck.” If state boundaries were drawn just slightly differently, the Electoral College might harm them rather than help them, he argues.

I’ve seen a couple of objections to Mr. Cohn’s claim, one of which is that Mr. Obama’s strategy was dictated by the Electoral College as currently configured. Had the new states of Susquehanna and Pocono been the tipping-point states, instead of Colorado and Pennsylvania, Mr. Obamawould have directed more resources there and might have won them as a result.

This is an intriguing argument, and an important one for thinking about the Electoral College in 2016 and beyond. If Mr. Obama’s apparent advantage in the Electoral College in 2008 and 2012 was the result of superior voter-targeting operations, then Democrats will maintain that advantage as long as they remain ahead in the voter-targeting game, but no longer.

Still, I doubt that this is enough to explain all of the difference between Mr. Freeman’s map and the actual Electoral College. Most empirical research on Mr. Obama’s “ground game” has found that it might have been worth an extra one to three percentage points in the swing states. In other words, Mr. Obama’s turnout operation might be enough to explain why the Electoral College slightly favored him rather than being essentially neutral. However, the inference we might make from Mr. F! reeman’! s map, and from the distribution of votes in Congressional districts, is that the Electoral College should not merely have been neutral but should actually have favored Republicans by several percentage points because of the concentration of Democratic voters in urban areas.

So why hasn’t the tendency of Democrats to cluster in urban areas harmed them in the Electoral College, as it has in the House of Representatives

We can gain some insight by comparing the distribution of votes under the actual Electoral College to that which would have resulted under Mr. Freeman’s map. I’ve done that in the chart below. The chart orders the states and the District of Columbia based on what share of the vote Mr. Obama received in each one. (The percentages listed are two-way vote shares, meaning that they exclude votes for third-party candidates.)

There is one technicality to explain in these results. Although Mr. Freeman assigns most of the population of Washington, D.C., into a new state with portions of Virginia and Maryland, he preserves a small region consisting of the National Mall, major monuments and federal buildings “set off as the seat of the federal government”, as might be required under the Constitution. This remaining part of the District of Columbia would still have three electoral votes despite having a permanent population of only about 33 people. (This is as best as I can infer from census data: the area corresponds to census tract 62.02 in the District of Columbia. Presumably, it would still be extremely Democratic, as its population might consist largely of Mr. Obama and his family, and high-level officials in his administratio! n.)

That aside, the key facet of the chart is what happens in the upper-right corner, where the orange line (which represents how electoral votes would be allocated under Mr. Freeman’s system) diverges significantly from the black line (which reflects how they are allocated today). This reflects the results in the new states that are centered around Philadelphia, Washington, Chicago, Los Angeles, San Francisco and New York, all of which would have given Mr. Obama at least 65 percent of their vote. Collectively, these “city-states” would represent about 65 electoral votes in Mr. Freeman’s map. By comparison, the only present-day states to have given Mr. Obama at least 65 percent of their vote were Hawaii and Vermont, which together have just seven electoral votes. The superfluous votes in these “city-states” wind up costing Democrats dearly in swing states like Pocono.

These large cities create much less electoral wastage for Democrats under the current map. Let’s consider each of them individually:

Philadelphia. Mr. Obama’s margin of victory in Pennsylvania (about 300,000 votes) was less than his margin of victory in the city Philadelphia alone (about 470,000 votes). Mr. Obama also netted about 100,000 votes from the Philadelphia suburbs. If Philadelphia and its suburbs seceded from the rest of Pennsylvania, Mr. Obama would win the city-state of Philadelphia overwhelmingly but would probably lose what remained of Pennsylvania.

Washington. The District of Columbia itself yields some wasted votes for Democrats. (Although it should be noted that it is overrepresented in the Electoral College: it has roughly one electoral vote per 100,000 voters, versus a national ave! rage of 0! .4 electoral votes per 100,000 voters.) However, Washington’s suburbs have now also become Democratic, enough to swing Virginia to Mr. Obama in the last two elections. Thus, Democrats get considerable leverage out of the Washington metro area under the current Electoral College. Under Mr. Freeman’s map, Democrats would win the city-state centered around Washington overwhelmingly, but the regions just beyond it would mostly go Republican.

Chicago. This is roughly the same case as Philadelphia. Mr. Obama actually lost Illinois outside of Cook County, which consists of Chicago and its immediate suburbs. Thus, Democrats won all 20 electoral votes in Illinois. If Cook County separated from the rest of the state, by contrast, Mr. Obama would have won its roughly 10 electoral votes but lost the 10 belonging to the rest of Illinois.

San Francisco and Los Angeles. Mr. Obama won California by about 3 million votes last year. Of this advantage, about 2 million votes cae from the San Francisco and Los Angeles metro areas, as Mr. Freeman defines them. California would still be Democratic-leaning without them, but Republicans would have some chance of competing instead of Democrats automatically having 55 electoral votes in their column. The G.O.P. would be further helped if California were broken apart into a total of four or five states, as Republicans could perform well in states centered around San Diego or the Central Valley.

New York. Mr. Obama won New York state by about eight percentage points, excluding votes from New York City itself. Without the five boroughs, therefore, New York state would be a blue-leaning swing state, similar to Michigan, Wisconsin or Minnesota, instead of a safely Democratic one.

In other words, under the current map, the votes in these big cities don’t wind up being redundant. They allow Democrats to win Pennsylvania, Illinois and Virginia when they would otherwise usually lose them. California and New ! York woul! d still be Democratic-leaning even without San Francisco, Los Angeles, and New York City, but Democrats get to win all their electoral votes whereas some regions would be competitive if they were subdivided. (The aforementioned swing state of Pocono consists partly of upstate New York under Mr. Freeman’s map, for example.)

I would also take objection to Mr. Cohn’s notion that the allocation of the United States into its 50 states should be thought of as a matter of “luck” â€" as though it reflects one draw from a randomly-generated pool of alternatives. Certainly, the boundaries of the states are quirky in some ways: Vermont, for instance, could easily have wound up as part of New York or New Hampshire.

But as books like “How The States Got Their Shapes” make clear, many other states have boundaries that were the result of careful deliberation by Congress. In particular, there was an effort to gran them roughly equal amounts of geographic territory, and to allow them to share access to important natural resources like the Great Lakes. (Most of the exceptions are in states that were brought into the nation whole-hog, like California and Texas, or the 13 original colonies.)

Here’s a thought experiment: if you could play geographer king, and were charged with dividing the United States into 50 political units with the goal of maximizing the nation’s collective economic well-being, what would your map look like Would it be more like Mr. Freeman’s map, with the states divided based on equal populations and urban continuity, or would it be more our actual map of 50 states, however haphazard it might seem

I don’t think this question has a simple answer, but there are some things to be said for the status quo.

Mr. Freeman’s map runs the risk of creating some small, urban states that are rich in human capital but la! ck natura! l resources, and some gargantuan, rural states that have the opposite problem. Under the actual map, most states have a reasonably good balance of urban and rural areas. The chart below reflects the percentage of voters in each state that are in urban, suburban and rural areas, according to 2008 exit polls. (The exit polls did not contain good data for Alaska and Hawaii, so I had to infer these separately.) Some 33 of the 50 states have somewhere between 20 and 50 percent of their populations in urban areas. Only one state (Nevada) has more than half its population in urban centers (Nevada occupies a large amount of territory, but most of its population is in Las Vegas). Only eight have under 10 percent of their population in urban areas (including New Jersey, which is otherwise suburban rather than rural).

This is not to say that the allocation of territory and resources into the states is perfect. From an economic standpoint, it’s hard to justify Delaware being its own state, or California being one state instead of two or more. And the geographic size of a state would have been a better proxy for its economic potential in the early days of the Republic, when the United States was primarily an agrarian nation.

But it also shouldn’t be thought of as merely coincidental that Chicago, for example, happens to be attached to the territory that makes up the rest of Illinois. Seeking to equalize populations across the states would have made it harder for Congress to equalize other types of resources between them. Illinois “needs” to have a larger-than-average population because the alternative would be to create a rich city-state of Chicago (but one that lacked agricultural or mining resources) and a poor state o! f Downsta! te Illinois (which had lots of farmland but no large cities and no access to Lake Michigan).

As a byproduct of the Congress’s goal of equalizing geographic resources across the states, most states have reasonably diverse populations and economic interests, and the income distribution across the states is reasonably even. The poorest state in 2009 was Mississippi, which had a median household income of about $35,000, while the wealthiest was New Jersey (about $65,000). This range is narrow when compared to almost any other type of geographic division. More than 90 of the 435 Congressional districts, for instance, fell somewhere outside this range.

As a result, the Electoral College does not convey all that much advantage to rural voters versus urban ones, or wealthy voters versus poorer ones, and therefore does not provide all that much long-term advantage toward either party. The Democrats slightly benefited from the Electoral College in 2008 and 2012, but the opposite was true as recently as 000.

The Electoral College may nevertheless be a flawed system in that some votes count much more than others. This is not intended as an enthusiastic defense of it, as much as a warning that attempts to reform it could wind up exacerbating its features (as opposed to eliminating it entirely, as would be my preference).

The best feature of the Electoral College is that it takes advantage of the 50 states. And those states got their shapes not by luck but by design.