I originally wrote this article last month which appeared on the GigaOm.com website.

Over the past few weeks, an ongoing patent dispute has meant most of the focus in the content delivery market has been on Akamai and Limelight. In the meantime, however, Level 3 has been quietly expanding its CDN services, adding capacity to its network and signing up one large customer after another. In fact, when it comes to CDN patents, Level 3 is the one to watch. In addition to the 50 patents pertaining to content delivery it has pending, Level 3 owns over 80 patents pertaining to content delivery and streaming media technology — including 20 it recently bought from IBM.

Level 3 and IBM last month said they’d signed a long-term patent cross-licensing deal whereby Level 3 gets licenses to 42,000 pending and issued patents from IBM and IBM gets licenses for more than 850 pending and issues patents from Level 3. What was not disclosed was that Level 3 also purchased 20 patents pertaining specifically to content delivery and streaming technology.

I’m about to put the finishing touches on a story detailing why Level 3 is not affected by Akamai’s 703 patent, so I’ve been doing a lot of research on CDN patents lately. Sifting through prior court rulings and patent filings, I noticed that the USPTO web site lists IBM as the owner of 20 patents pertaining to CDN and streaming. It also claims they’re in the process of being transferred over to Level 3. I contacted Level 3 and they confirmed this was indeed true.

Most of the patents date back to ‘97 or ‘98 and concern the way video, multimedia or digital content is delivered. Some of the patents have to do with encoding and processing, encryption, load balancing and methods for caching. There are also numerous references peppered throughout the patents regarding the best methods for routing traffic, how the media servers load balance the traffic and the effect that has on the end user experience.

While I still need to read the fine print of all 20 patents before I will truly understand the effect they may have on others in the industry, it’s already clear that Akamai isn’t the CDN its competitors should be worried about. Level 3 when they entered the market made no bones about the fact that for them or any other CDN to be successful over the long term, they’d have to have the intellectual property necessary to protect their investment in the CDN market. And with the acquisition of the SAVVIS assets — including the Sandpiper patent, which predates Akamai’s 703 patent — Level 3 is clearly in the driver’s seat.

Level 3 seems to be taking the same tactic as Akamai, to date filing suit against the only company they view as a competitor — also Limelight. And while some of the other existing CDNs could one day become competitors too, right now none of them are turning in more than 20 percent of Limelight’s total 2007 U.S. revenue. There is a huge revenue gap between the No. 2 CDN, Limelight (Akamai is No. 1), and No. 3. That gap needs to shrink and these smaller players need to start posting CDN-based revenue to the tune of $50 million a year before they will become worthy of concern.

Some don’t give Level 3 a chance. They say Level 3 has too much debt, is having problems integrating some of its acquisitions, or simply maintain that since it’s a telco, it won’t understand content delivery, anyway. But looking past the debt (which most companies have), and the mistakes other telcos made in the past (Qwest and MCI tried and failed to operate their own CDNs), Level 3 has a real shot at dominating the content delivery market for years to come. And given their massive portfolio of content delivery patents, if I was another CDN whose goal it was to give Limelight a run for their money, I’d be most worried about Level 3.

The numbers of the patents being transferred to Level 3 are: 5996025, 6189039, 6195680, 6226618, 6263313, 6272566, 6398245, 6418421, 6460082, 6463454, 6463508, 6587837, 6763377, 6859791, 6963910, 7103564, 7110984, 7117259, 7188085 and 7206748.

With all the talk of online video advertising and the projections people are making, one of the biggest downsides to it is that just about every independent content producer thinks they should be making money. But the reality it, most of them are not making any money today and never will, even year’s from now when there are more eyeballs online.

Monetization is now the word that seems to be used in every discussion and in every article, yet rarely do we hear or read about any content producers who are making money from their content. We know of the success that some major broadcasters and those with very unique brands and content like MLB are having, but aside from those, there are very few content creators making any money.

One of the biggest reasons for this is that much of the content on the web today stinks. Not all content, but much of it is really bad, poorly produced and quite frankly, will never make any money no matter how much this industry grows. Content creators think that just because they can create content it must be worth something. When I speak to content creators I use the analogy of TV content. Lots and lots of shows are produced for TV yet many never make it. Only a small fraction of content on TV lasts and makes the networks any money. Now I know many will say that does not apply since the costs for TV style production is so much different than content produced for online, but the principle is still the same. Not all content is something people want to watch, let alone pay for.

Having a discussion with a content producer earlier in the week they said, “Media reviews of our site and customer feedback is very positive. Everyone thinks the idea is wonderful and they love the quality of the videos. We give website visitors two free views of the videos of their choice and then prompt them to sign up for a subscription. However, when it comes time to haul out the credit card to purchase a subscription the enthusiasm wanes.”

The questions we need to be addressing are is the subscription-based approach working for anyone, or is sponsorship/ad-supported the only potential option for generating a reasonable ROI? Is the ad-supported model generating revenue for small
producers who don’t have tens of thousands of viewers per month? Does this revenue amount to anything more than pocket change? Must the small producer partner with a platform provider, e.g., Brightcove, in order to have a chance of success, or is it feasible to “roll your own” website realizing that most small players don’t have ad sales staffs and experience in selling ads?

In the long run, the small content producer is still going to struggle to make any money from their content. Viral marketing, syndication and other forms of promotion can help, but not for the majority of those making video. Putting all of the business models aside I still think the biggest problem facing the industry is that there is not enough quality content on the web today.

The comments section is open and I’m sure many have their own take on the subject, so feel free to get the conversation going.

Over the next six weeks leading up to the Streaming Media East show in May I will be highlighting some of the speakers and sessions we have confirmed for the show. This year we have a lot of content producers, aggregators, new independent content studios and lots and lots of content demos.

One of the sessions I am personally interested in seeing is entitled "Monetizing And Aggregating Niche Video Content". The bottom line is that content creation is important but if the content is not promoted and does not generate revenue of some kind then this whole business model is broken. This session will show examples of ways to develop niche vertical sites without having to hire tons of new personnel and will discuss how to reach audiences on social networking sites like Facebook and others. Confirmed presenters are:

• Moderator: Steve Safran, Senior VP, Media 2.0, Audience Research & Development, AR&D
• Jim Louderback, CEO, Revision3
• Alex Blum, CEO, KickApps
• Herb Scannell, CEO, Co-Founder, Next New Networks

Six years since we took over the StreamingMedia.com business and we’ve still managed to keep the conference very affordable for everyone to attend. Registering before April 25th gets you a full two-day conference ticket for only $795.

Today, Adobe announced the immediate availability of version 1.0 of their new Adobe Media Player specifically for content owners looking to make Flash video content playable offline. For Adobe, this is a major move to finally take the Flash video platform offline to allow viewers to consume downloadable Flash based content. As usual with an announcement like this, Adobe also announced a bunch of broadcasters and major content publishers including CBS, MTV Networks, PBS, CondeNet, and Scripps Networks amongst others.

One of the biggest things that Adobe is promoting about the new player is the ability for you to be able search within the player for free content you can to subscribe to and the new features for monetization and branding options. Content owners now have the ability to take downloadable Flash content and include offline advertising, customize the look of the player and collect measurement data of offline content consumption.

I just downloaded the player and have begun to check out some of the content available and so far, the player works as advertised. The one thing I have noticed however is that the quality of the videos are not what I expected. Many of them seem to be encoded at low a low bitrate with a small window size. Since they are not encoded with the same specs it makes the experience very inconsistent in terms of the quality. Not sure if this is the case just because it launched or not but I would think Adobe would want to set some quality standards that content owners would be forced to follow.

Adobe also announced the launch of a new portal called Adobe TV that provides instructional videos for many of the Adobe line of products and contains over 200 videos.

About two weeks ago, Akamai invited me to spend the day with them in Cambridge to allow me to get an better insight into their business and give me the opportunity to ask management and others more about the market, pricing, application delivery and a host of various other topics. They nicely gave me access to over a dozen individuals including senior management in sales, marketing, engineering, product development, investor relations and their CTO.

Added Tuesday April 8th: Since I am being asked so many of the same questions I should put it on record that Akamai did not pay for my trip to Cambridge, I paid for my own plane ticket. And no, Akamai did not see this blog post before it went live and have to "approve it" as some are asking. And as I have said before, I have never bought, sold or traded any stock in ANY public company, ever.

While some of what we discussed was off the record, there is a lot that I can talk about relating to some new product functionality, sales and marketing topics and a lot about the market dynamics, trends and my take on what the opportunity is for Akamai in the market. With so much to cover in detail, I won’t be able to cover it all in one post. I will give a run down of the highlights here and then over the next two weeks I will follow up with specific posts about their application delivery product, their StreamOS content management system, customer service, analytics, some details about the network and I will post their answers to some of the questions that readers sent in. Akamai is nicely working with me on the future posts to give me customer names, specific examples of how they are using the services and examples we can see in action. There will be more to come on that later this week.

After spending the day with Akamai, there were a couple of really key high-level feelings I walked away with. For starters, Akamai has a very_clear understanding of what customers want in the market across all of their product lines. When I was getting new product demos and talking about new functionality for their services, at no time was Akamai guessing on what they think customers wanted. It was very clear that they spend a lot of time talking with their customers, getting feedback, going through review sessions and finding out what they can do to help their customers grow. For every new product or feature they showed me, they also included examples of real customers using the service and talked about how it allowed the content owner to grow their business or gave them more control applying business rules around their content. Many companies I speak to in the CDN space talk about new products and services they are working on but many times I get the sense that they don’t know exactly what their current customers future needs are. While Akamai is clearly working on what customers need today, announcements they will make throughout the year will showcase that they are also deploying products and services customers will need two and three quarters from now. The biggest thing I saw from Akamai was that they have a very clear understanding of the market they are in.

Another key takeaway for me was that Akamai realizes that as the leader in the space, they need to do a better job of communication data to Wall Street and to investors and need to spend more time to educate customers. That being said, Akamai’s is not saying that they are now going to provide every piece of data a financial analyst wants, but I gave them some examples of how they could put out more specific data to the market while at the same time protecting their customers, and they are open to the idea. They know as the leader in the space they need to step forward and do a better job of showing the entire industry how this market is growing.

They understand that analysts are saying that they want to buy more stock in the company but need more data to be able to do that and they said they would provide more breakout on their business at their next analyst day. While I don’t deal with Akamai on a day to day basis as it pertains to their P&L, I do deal with many money managers daily and hear the kinds of questions they want answered. I think that over time you will see Akamai be more open to disclosing more data on their business.

Tied closely into the data discussions is the subject of Akamai’s pricing and the pricing trends in general which we covered in detail. I gave Akamai my feedback on their pricing, what I am seeing in the market and how they compare to other vendors specifically for video delivery. This was an interesting discussion as I learned that in many cases, Akamai may not be the right fit for customers who want commoditized services. When I gave Akamai examples of deals I have seen in the market and showed them that they were two or three times higher than competitors, they were not surprised. They made it clear that if a customer does not care about being able to use multiple services, doe not care about good analytics (not just reporting), does not require a good SLA, not concerned with geographic reach etc… then that customer is probably not a good fit for Akamai and they should go somewhere else at a lower price.

If there was one thing I walked away from after this meeting it is that Akamai is laser focused on customers who have business problems, need to apply their own business rules around their content, need very detailed analytics, need geographic reach, need multiple services and are trying to solve the entire ecosystem problem from creation to distribution. While they will gladly take customers who want the simple task of pushing bits, that’s not who they are going after. For the most part, that is why the whole "pricing war" people talked about last year was completely overrated. Yes, Akamai may have to compete harder on price for those specific deals where the customer just wants to just push a lot of bits. But for customers who are looking for much more than that and also need additional services like application delivery, pricing is not the problem.

While I have always covered content delivery for video very closely, application delivery is now something that I am going to also focus on. In my eyes the biggest market opportunity for Akamai going forward is their application delivery product. While it is a market that is just starting out, I think that in two or three quarters it will become a very big opportunity and I think it is the most under-estimated product in Akamai’s portfolio. I’ll have more on that later in the week along with details on Akamai’s StreamOS product, the content management system that was acquired in the Nine System acquisition. From the product I saw in action, which Akamai has been working on for the past year since the acquisition, and will have announcements about shortly, I have not seen another CDN that has a solution that can do even 25% of what StreamOS does. And as more content owners start to become more sophisticated in regards to the kind of transcoding, tracking, analyzing and monetizing they are going to need, StreamOS will quickly become a revenue center for Akamai.

Overall, I didn’t see or hear anything from Akamai that gives me any indication that they are currently losing market share. Yes, for video delivery they have some competition in the market, but most of those competitors are still very small and don’t have a wide product portfolio. And when it comes to doing more than just pushing video bits, Akamai clearly has a handle on the market today and more importantly the solutions that will be needed by these customers a few quarters from now.

I’ll have more posts about my visit with Akamai shortly, so please add my RSS feed to your reader to get the new posts as soon as they are updated.

I’m not a designer or someone who deals with code, but since Apple released version 3.1 of their Safari browser, some are asking me if Safari’s support for HTML 5 audio and video tags will change video experiences on the web. The new HTML 5 standard, which was released in January, is said to allow for built-in support of media without proprietary technology.

I honestly don’t know enough about it to be able to say one way or another the impact that the HTML 5 standard may or may not have so I am interested to hear from others in the comments section who know more about this than I do.