Service provider view how to cope with content diversity - kaisa olkkonen

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Service provider view how to cope with content diversity - kaisa olkkonen

  1. 1. H o w to Co p e W ith Co ntent D iv ers ity? Kaisa O lkkonen Vice P resident, Legal & IP, S ervices Nokia C orporation © 2010 Nokia IFC LAcontent.ppt/
  2. 2. O utline • Nokia and content diversity. • Journey from a technology company to solutions company– two cultures? • C hallenges in managing diversity. • Tools to be used in managing complexity created by diversity – E xample cases 2 © 2008 Nokia
  3. 3. G lo b a l O vi M a p s O v i M a il: co vera g e a v a ila b le D riv e & W a lk v irtua lly na v ig a tio n in 70 + ev eryw here co untries N o k ia 4 0 + la ng ua g es M es s a g ing : 8 0 + o p era to rs 20 + la ng ua g es 30 + m a rk ets 20 + la ng ua g es Ind ia , 20 + d ev ices Ind o nes ia , ena b led China 9 M + tra ck s H ea lth, a v a ila b le A g riculture, 10 ,0 0 0 + co ntent E d uca tio n item s p er H yp er-lo ca lized p o p ula r d ev ice M o b ile b illing : 75 3 © 2010 N okia o p era to rs , 22
  4. 4. Fro m Techno lo g y to M ed ia a nd Co ntent d ea ls • Technology deal characteristics: • O ften dealing with one party only. • P arties having a clear understanding of the technologies involved and use of it. • P arties having a clear understanding of what the rights necessary for the collaboration are and from where they are available. • The legal instruments and rules are established and fairly clear. “International contract law” applies to a high extent. • G lobal reach of the agreements. • P ractice of completed and signed agreements before deployment. 4 © 2008 Nokia
  5. 5. Fro m Techno lo g y to M ed ia a nd Co ntent d ea ls • M edia/ ontent collaboration deal characteristics: C • O ften a big number of parties involved – rights to be acquired from a group of rights holders. • It is not always crystal clear to whom you need to turn to in order to acquire all the rights you need. • R ights are limited by territory. • Licenses are very specific, expanding e.g. the feature set requires amendments to licenses. 5 © 2008 Nokia
  6. 6. Fro m Techno lo g y to M ed ia a nd Co ntent d ea ls • New characteristics in media/content collaboration versus the technology world: • Advance payments – upfront investment required. • M ost favored nation clauses – are the deals really comparable? • Non D isclosure Agreements not always a standard practice. • Very limited indemnities – if any. • E -mail and even oral agreements triggering deployment - documentation comes later. 6 © 2008 Nokia
  7. 7. C hallenges in M anaging D iverse C ontent Activity 1. E xisting business and deal making practices may not fit to the new busines s models. • C reativity and open minds et needed on both sides of the negotiation table. 2. Finding the correct balance between risk and opportunity in the new busines s models. • A good understanding of real risk exposure and mitigation possibilities needed. 3. Unclear and untested legislation, or different interpretations of legislation per country or per different courts. • R egulatory influencing needed as a long term action. 7 © 2008 Nokia
  8. 8. Cha lleng es in M a na g ing D iv ers e Co ntent A ctiv ity 4. Building up the teams´ competencies in the diverse areas of busines s – locally and globally. • Training, coaching and teamwork needed. 5. R esourcing combined with the challenging economical environment. • High need for efficiency in all operations. 8 © 2008 Nokia IFC LAcontent.ppt / 2010-06-11 /KO L
  9. 9. To o ls to m a na g e the D ivers ity - E x a m p les 1. C ase Application D istribution: B alancing the risk and opportunity. 2. C ase New B us ines s M odel for M usic: New business models, creativity and influencing the external environment. 3. C ase Nokia Legal & IP Way of Working: B uilding competencies and achieving efficiency. 9 © 2008 Nokia
  10. 10. A p p lica tio ns – a B a la nce o f R is k a nd O p p o rtunity • C onsumer relationship and the liability risk. • Quality assurance s ystems – finding the correct balance. • D eploying available technological s olutions to mitigate liability risks. • S ervice terms and conditions – providing good user experience and still als o reasonable legal protection to you. • D eveloper ecosystem and relationship. • Your licens e to the developers – under what IP R and under what terms? • D o you wish to protect the cons umers ? Terms about virus and malware protection, data protection and privacy requirements of applications and requirements of information developers will need to provide to users. • S mall enterprises and private pers ons as developers – risk evaluation based on past experiences and e.g. distribution model. 10 © 2008 Nokia
  11. 11. A p p lica tio ns – a B a la nce o f R is k a nd O p p o rtunity • E fficiency of the application deal making. • D efined business models to be used globally and locally – possible to create a tool kit for deal making. • From individual agreements to click through licenses. • Automated intake systems • Unauthorized content in applications. • D efining developer categories and allowed content types per category. • Weighing the benefits of different moderation concepts vers us the desire to maintain the safe harbor protection. • C onsidering using watermarking or filtering technologies . • B uilding an effective notice and take down process and practice. 11 © 2008 Nokia
  12. 12. A new b us ines s m o d el in m us ic - lea rning s • C reating a win – win business model attractive to all involved business players and the users is a critical starting point. • Identify partners that are ready to act as change agents in their own industry. • P repare for iteration and next versions of the model – new business models evolve quickly when the parties start getting the market feedback. • In markets where regulation influences the rights and roles of some players, regulatory influencing is needed to ensure long term predictability of the environment. 12 © 2008 Nokia
  13. 13. A new b us ines s m o d el in m us ic - lea rning s • E U music licensing as an example: • S tatic tariff based s ystems will not support the agility and experimentation required in testing new business models and consumer propositions. • Willing licensors and licensees should be free to negotiate and agree terms, ability to negotiate customized licensing solutions for innovative new services is needed. • Licensing should allow consumers to access digital services from anywhere within the E U and repertoire has to be made available on a pan-E uropean basis . • Finding the new win-win business models is critical for speed. R egulation will not change fast enough , but can help building a predictable environment and in setting the basic operating principles for the markets. 13 © 2008 Nokia
  14. 14. A n A g ile a nd E ff cient L eg a l & IP Tea m i • Business integration: • Lawyers part of the management team work with a good insight to the business priorities and direction. • Lawyers part of brainstorming the new win – win business models. • Lawyers feeling true ownership of the initiatives, together with the business teams. • Building competencies to fulfill the ever expanding needs: • First deep hands on involvement in a certain area of work – competence grows fast. • Juniors shadowing seniors – return of the investment is fast. 14 © 2008 Nokia
  15. 15. A n A g ile a nd E ff cient L eg a l & IP Tea m i • M otivating the team to learn: • Use internal key resources to handle all strategic deals. • Use external experts to speed up the competence development in the background. • O ffer to substance area experts a pos sibility to expand their role without giving up the ”old” area of expertise altogether. • S top double work: • Use global communities working across any organizational structures to ensure alignment and sharing. • C reate tools and guidelines in such communities to take all market interfacing expertise into us e. • O rganizational structure: • C onsider structures where the business integration aspect can be combined with a global community thinking – typically not a traditional line organization. 15 © 2008 Nokia
  16. 16. T ha nk yo u C lic k to edit M a s ter s ubtitle s tyle 16 © 2010 Nokia IFC LAcontent.ppt /

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