NXE Netflix streaming loses Sony's Columbia Pictures movies [update 2]

by James Ransom-Wiley { Nov 18th 2008 at 5:42PM }

[Original headline: "NXE Netflix streaming queues suddenly gimped"]

Our Netflix streaming queues just got considerably shorter on the eve of the NXE launch. Acting on a tip, we popped into our Netflix account and sure enough, our "Instant Queue" had a new "Notes" column with an oft-repeated, red (nobody likes red!) notice: "Not available on Xbox." Logging onto Xbox Live (with an NXE account) confirmed that these titles were no longer available for streaming on Xbox 360.

We've reached out to Microsoft for a full explanation -- so keep your fingers crossed that this is just a launch period mishap (like someone flipped the wrong switch ... or something). We're betting on licensing issues, though, which could further cripple the service. Currently, there's no way to tell if a title is excluded from Xbox streaming until it's added to the Queue (reminder: this can only be done from a separate computer). We're not much for statistics, but we can tell you that 13 of 110 items in our Instant Queue are now unavailable, all of which are feature films. The blackout seems to have hit a range of flicks, from: Superbad to Bad Boys; Drunken Master to the entire Karate Kid trilogy (that's right -- the entire trilogy! We don't count that Next Karate Kid noise). We'll update when we learn more.

Update: We've found a common thread! All of the affected titles from our Queue are distributed by Columbia Pictures. Columbia Pictures, of course, is owned by Sony Pictures Entertainment, a subsidiary of Microsoft rival Sony. Case closed?

Oddly enough, Sony Picture Entertainment movies (listed here) are still Xbox-enabled.

Update 2: It appears that the sudden yoinking of Columbia Pictures films from NXE Instant Queue access is a licensing issue with Sony after all. MTV Multiplayer pinged us with word that, on the rental service's official blog, Netflix corp. communications VP Steve Swasey writes:

"As watching instantly becomes a more prominent part of the Netflix service, our goal is to have all of our streaming content licensed for all of our partner devices. We're doing well in this area, but it will take some time before we fully achieve that goal. Today, titles regularly come in and out of license and there is a natural ebb and flow to what we have on license at any given point in time. In the case of Xbox 360, a few hundred titles are temporarily unavailable to be streamed via the Xbox game console. Those titles are still available to be watched on subscribers' computers and on TVs via other partner devices, and we hope they'll be licensed for Xbox 360 shortly."

[Thanks, Mark]

Tags: breakingnews, columbia-pictures, js-twitter, netflix, nxe, sony, sony-picture-entertainment, streaming, xbox-live

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Reader Comments (Page 1 of 6)

StLouisRibs7734 @ Nov 18th 2008 5:45PM

No list? Nothing? Why can't you show us what titles!!!

Ridgecity @ Nov 18th 2008 9:16PM

Expect most movies that interest gamers like Final Fantasy, Tomb Raider, Bond films, Resident Evil.

Here's all their movies:

http://www.sonypictures.com/homevideo/

and of course, say goodbye to Anaconda 3: Offspring.

BananaBoat @ Nov 18th 2008 11:21PM

This is complete bullshit. Bitter much Sony? Do you seriously think you can win over customers by cluster fuc*ing the competitions customers?

What a bunch of dicks.

Ayrkain @ Nov 18th 2008 11:46PM

Where were all these budding Naders when MS inked a console exclusivity deal with Netflix?

atrimus @ Nov 18th 2008 11:50PM

@ BananaBoat

the only people complaining are 360 fanboys, many of whom already don't like Sony and had no plans on purchasing a PS3. if anything this is just another ace up Sony's sleeve to use to sway more open-minded consumers to purchase the PS3 over it's rival.

it's good for a chuckle that it happened to Microsoft, who are some of the slimiest bastards in any industry, but it's downright hilarious to see Microsoft fanboys cry over it. but i guess when you own both systems and hold no allegiance to either then you can find mirth in things like this.

BananaBoat @ Nov 18th 2008 11:58PM

Sony had just as much chance to ink an exclusivity deal with Netflix as Microsoft did. To deny access to movies to the massive amount of netflix customers that may have watched their movies online, they are not only sticking it to THEIR customers (alot of us have a PS3 and a 360) but to themselves. Just like with music, I'm sure plenty of people rent a movie, find out that they love it, and then go out and buy it. Let's not forget that they are boning their own shareholders, who won't be getting that licensing fee that netflix would have been paying to them for the rights to put their movies on netflix. Unless Sony has a rental service coming down the pipes (let's face it, they aren't going to compete with Netflix unless they actually get Netflix on their console) this is completely pointless, and petty.

If Microsoft has refused to sell Sony movies or have them up for on-demand rentals, then I can understand. In that case, Sony simply chose not to be the bigger man, which is completely their choice.

We need IP reform if a company can differentiate between "You have a license to rent our content out to people for free on their computers, over the internet" and "You have a license to rent out our content to people for free on their console, over the internet". A 360 is a damn computer, why is Sony even able to do this? My only hope is that the reception to the service will be so great that the other studios will make a killing, which will force Sony to concede. Wishful thinking at best.

Meh! (real word now. Awesome)

Ayrkain @ Nov 19th 2008 12:01AM

Sorry Banana, but if Sony inked an exclusivity deal with Netflix, it'd be just as consumer unfriendly.

BananaBoat @ Nov 19th 2008 12:05AM

@atrimus

I'd argue, but I've just realized that UPS delivered my copy of Wall-E on Blu-Ray at some point during the day. My PS3 awaits to fulfill it's primary directive.

BananaBoat @ Nov 19th 2008 12:15AM

Ok, hell, I'll argue for one more minute.

Microsoft inked a deal with Netflix to bring a service to their customers. Having been beaten to the punch, Sony decided to f*ck those customers, even though they have nothing to gain. They can still rent out their movies over the PSN, but noone is renting movies from the PSN....so do you concede the loss and do what is best for the customer, or do you jam it up the cake chute? If you are Sony, in this particular case you choose to jam it in (I'm not implying that Microsoft is some sort of customer loving entity...they clearly aren't, as they've been f*cking me on windows install limits for years)

As a paying Netflix subscriber, and as someone that owns every Sony console ever made, hundreds of games for it, etc, I feel like it would be nice if they wouldn't punish me because they don't like Microsoft.

Alright, the next hour an a half is Wall-E time. Time brought to me by the PS3, otherwise known as the console I'm not talking to right now but that I will still have Blu-Ray related intercourse with.

atrimus @ Nov 19th 2008 12:17AM

@ BananaBoat

you WOULD argue? haven't you already done that with that little press conference you just posted above? ;)

Ayrkain @ Nov 19th 2008 12:22AM

If it was just a deal to bring Netflix to the 360, then there wouldn't be that nasty word exclusivity in there, would there? And yet, it is. It was put there by MS, so it's consumer unfriendly - to those who don't have a 360 + Live Gold (add the number of Wii exclusive households to the number of PS3 exclusive households in the US to find out how consumer unfriendly). Incidentally, there's no way this has anything to do with the 'console wars'. It probably has everything to do with renegotiating streaming HD licensing fees.

BananaBoat @ Nov 19th 2008 2:33AM

I just have to say that Wall-E is a treasure. A gem if you will.

/insert ridiculously cynical claim that I'm on both Disney and Microsoft's payroll

I feel so good after watching, that this will be light in tone. Ok, so, Netflix is this company with a huge online streaming catalog. You are Microsoft and Sony, and you have this big idea that your console will be a hub of entertainment. Netflix seems like the obvious answer. Two years (three for the 360, I believe) in to the generation, one of the two companies decides to bring Netflix in exclusively. Sony has had years at this point to make it happen, but they've done nothing. Do you feel bad about working exclusivity in? Or do you make the wise business decision and view it the same way as buying an exclusivity deal in exactly the same way you've been doing it with games for years. It makes fiscal sense, the consumer is happy (except Sony diehards that refuse to buy a 360 to go with their PS3, or people that can't afford both. The wii hardly counts, as it's not a media hub in the same way the PS3 and 360 are) and people will eventually buy your console JUST for Netflix.

Then you have the company from above that didn't act on Netflix and get it on their console. I don't know if they didn't have the money (times are tough at Sony, and a ton of other places) or they didn't think it was a good idea, or what. The fact is, they didn't, and Microsoft did. Now, you are angry, sitting there drinking out of your golden goblet in the board room, and you think to yourself "How can I get back at Microsoft...." and it occurs to you; "I'll deny them access to our movies! Brilliant!". Unfortunately for you, you neglect to realize that it will look spiteful, since, well, it is, and that there is no financial reason to withhold the content.

There is no way to explain it better than that. Trying any harder would be like trying to dissuade people on The Consumerist that constantly hold the opinion that the consumer is always wrong. "The employee punched me in the face!" comment 1: "Well, you shouldn't have put your face in front of his fist. Idiot."

Oh, and after Wall-E on Blu-Ray, I'm willing to talk to my PS3 again. I even updated to the newest firmware, and gussied it up with a new LBP theme. Now it's the finest PS3 in all the land (except for those damn gunmetal grey MGS4 ones)

KarlW @ Nov 19th 2008 2:35AM

I'm not sure this is a 360 vs PS3 thing. It's a really bad business practice to do something like that. You don't win anybody over, you just lose potential sales. Sony Pictures and Sony Computer Entertainment are different divisions of the business, and integrated strategies have never worked well. That's why movie games (like Casino Royale) aren't platform-exclusive, Bravia TVs work on 360s, Vaio computers run Windows...etc

I really hope for Sony's sake that the console wars have nothing to do with this. Because if they do, they're just idiots, and this management team is so clueless, they'll bring the company crashing down.

Ayrkain @ Nov 19th 2008 3:35AM

The narrative full of straw men and silly assumptions doesn't change the fact that MS could have just as easily just made a deal to get the product on their console. They didn't. They went with an exclusivity deal, which is just as much anti-consumer as what Sony is being accused of here. Tell all the folksy stories you want, maybe throw in a "you betcha" but it doesn't change the facts of the situation.

BananaBoat @ Nov 19th 2008 6:19AM

The Internet : If you disagree with someone on it you are a folksy neocon.

You betcha

Final analogy - Mac's went x86, making them compatible with Windows. Did Microsoft say "Up yours!" to Apple and decide to strictly prohibit XP from being licensed for installation on Mac hardware? No. Why? There was money to be made. Nothing folksy about cold hard cash, which Sony would have made plenty of had they not been...well...dicks in this particular situation. Apple on the other hand, won't allow their OS on non-apple hardware, which is a fairly good analogy, since they could probably make a TON of money if they didn't make people buy their hardware to run the OS.

I stayed up till midnight watching Wall-E and now I have a 6am study group before a 7am test. Is it fair? Well, no, life is usually unfair. I'm sure Sony executives cried themselves to sleep after hearing that they were beaten to the Netflix goldmine, and they probably thought it was unfair.

In summary Microsoft = Made business decision Sony = Threw a tantrum, got pissy, pulled content conveniently just in time for the launch of the NXE. I wonder who is a bigger dick. Well, no I don't, I think my first comment made my feelings on the subject quite clear.

o/ I'm off to see the wizard, the wonderful wizard of...early western civ poly-sci\OTL

warlock7 @ Nov 19th 2008 8:11AM

@BananaBoat
Your analogy is piss poor. No, what MS did was stop developing IE for the Mac, version 5.5 was the last one on a Mac. That was their lame attempt to "show" Apple just how powerful they are. So, Apple developed Safari. Much better browser, which MS now wants to include the basis of it in the next IE, just like Google did with Chrome.

No MS has zero control over what hardware their software goes on, as that is their business model. But why point out the obvious to someone that is obviously jumping to conclusions. Why is it that MS and Netflix didn't have all their ducks in a row for the launch? That would be between the providers, not the distribution company. Put the blame where it belongs regardless of dirty PR tactics. MS and Netflix could very easily have let this slip initially in order to get bad buzz about Sony. You've fallen for their plan hook line and sinker.

BananaBoat @ Nov 19th 2008 9:19AM

"Microsoft has zero control over what hardware their software goes on" err, sure they do, they can put terms in the licensing agreement that prevent you from installing the operating system on Apple hardware. This is how Apple keeps OSX off of compatible x86 hardware. You could pirate it all day long and install it on your x86 hardware, but it prevents vendors like VMware from allowing people to install the OS, it prevents companies from installing the OS (on non-apple hardware, effectively making Apple's business market share zero) and it locks out a potentially lucrative market of people that would be open to using OSX instead of XP, if only they didn't have to buy proprietary (and expensive) Apple hardware (which, no matter how big of an apple fan you are, has the *no matter how wrong* public perception of being overpriced)

I'm hard pressed to figure out if you are trolling or not, based on the last bit about their being a Netflix-Microsoft conspiracy to lock customers out of Columbia movie streaming in order to make Sony look bad. Sharks were jumped with that absurdity. My roflcopter started upon reading. If you were being serious, I'm somewhat afraid for humanity.

On a completely related note, why is Hulu still not working on the PS3? Is anyone else really irked off by this? Flash 9 FINALLY and Hulu is still broken? Hulu could be your answer to Netflix Sony. It's free, it's awesome, it's...free, why can't you fix your lousy browser? You've made it to the point where hulu videos can actually play, and for that, congratulations. Now, why do they take so long to load, why can't I fullscreen, why can't I view 480p or HD content, why can I not fullscreen the browser itself, why *list of other crap here*. There is a free alternative out there that could really stick it to Microsoft (which Sony clearly wants to do) and Sony is doing absolutely nothing to capitalize on it. (this rant brought to you by someone who was told that Hulu now works on the PS3 by a friend, and who just found out that he was wrong) It works with that Beta software, but I have no intention of paying for that Beta software when it suddenly becomes retail software out of the blue (which is really cheap of me, I know, but paying for something that Sony should have fixed anyway is ridiculous)

Ayrkain @ Nov 19th 2008 10:32AM

My point was that your analogies are deeply flawed and full of pointless and bizarre imagery. Golden goblet drinking executives? What planet do you live on? As I said before, this is a simple licensing issue that has nothing to do with the console wars. But you can't seem to grasp that, despite the fact that it's in the original post. Believe whatever conspiracy theory you like, but no one has ever had HD streaming through Netflix before this, so it's highly likely that they want to negotiate higher fees for that particular method of delivery.

BananaBoat @ Nov 19th 2008 10:59AM

The lolz keep rolling on. The only evidence (the timing, the studio involved, the specific "not available on Xbox" message despite the content being available yesterday) points nowhere near "Oh well hey, they just want more money for HD content" but darned if you don't seem eager to push that baseless theory.

I hate to break this to you, but this is a console issue. Microsoft doesn't compete with Sony in any other market. The only animosity is in the console realm, where it appears Sony is trying to draw blood in the only way still available to them (the denial of content, even if it makes no fiscal sense).

I love the internet. Only within it's hallowed series of tubes can you come up with a theory, trumpet it, and get angry when someone calls you out on your BS. Not only that, but you can come up with a theory without any evidence, no matter how circumstantial, to back up a claim. Not that I have any non-circumstantial evidence of my own, but circumstantial evidence is better than no evidence.

Oh, and if I were a CEO, I would totally drink from a golden chalice of some sort. If you wouldn't, you might not be human. Then again, I'm a Mariokip, so I'm not sure how I'm supposed to act if made CEO.

warlock7 @ Nov 19th 2008 1:09PM

Wow. Talk about wild speculation with no knowledge. Pot meet kettle, by the way, you're black. Where do you cone up with your speculation. That this is an action taken by Sony? You honestly believe that it's outside of the realm of possibility that this company that buys exclusives and acts anti-compeitively would stoop to that level? Don't be naive.

The MS business model is based upon being installed on any piece of hardware out there. But why would I expect you to be aware of the obvious?

SlimPickinz96 @ Nov 18th 2008 5:46PM

Its borked.

loelphelps @ Nov 18th 2008 5:47PM

Shows removed from the netflix instant cue. My vote goes to shows that can be purchased or rented through the Xbox Live Video Marketplace, meaning, it could be entirely Microsoft's issue not Netflix.

Intentless @ Nov 18th 2008 5:49PM

I concur... Which in a business sense makes sense but at the same time, as a Netflix subscriber, I'm not going to buy it on live even if it means sitting in front of my computer to watch it for free...

AK @ Nov 18th 2008 6:14PM

Yeah, that's it.
Microsoft is undercutting their business partner. They got Netflix to remove movies from their instant queue so people can purchase movies from microsoft instead.
Sounds like a great business decision...

And Netflix is cool with it!

CB17 @ Nov 18th 2008 7:05PM

Pretty sure MS doesn't have either Sony OR Columbia in their lineup.

gigglez76 @ Nov 18th 2008 8:31PM

I think it's possable this could be because MS refuses to incorperate a bluray in the 36o. If that's the case than good for Sony,It's sad that the 360 user's have to put up with MS fumbling the football on the on the one yard line.

Ridgecity @ Nov 18th 2008 11:36PM

Microsoft won't use Bluray because they want to own the stream and download movie business. The new problem for them is Sony also owns part of the movie industry. Apple would be having the same problem if Steve Jobs wasn't the owner of a chair in Disney main office.

warlock7 @ Nov 19th 2008 8:15AM

But that completely reasonable concept doesn't play into the conspiracy theories of the tin-foil hat crowd. They've already drawn their conclusions without knowing anything about the details of the situation. Don't go and throw water on the fire, we need more gasoline!! And lots of fans...

why not the LS2LS7? @ Nov 18th 2008 5:50PM

Something would have to give anyway. If people stream a TON of movies, Netflix would end up losing money because they pay per-stream.

Maybe Netflix just determined that people were going to bleed them dry streaming stuff?

Anthony @ Nov 18th 2008 5:59PM

Doubt Netflix would be pusing the service to so many devices if that was a concern. Streaming is a lot cheaper then sending out DVDs.

Do you get more then 20 DVDs on your 3 DVD plan? Then their losing money.

why not the LS2LS7? @ Nov 18th 2008 6:38PM

Interesting point. But the physics of streaming means it's a lot easier to get lots of streams per month than DVDs per month. If Netflix has a reason to believe that instead of 5% of customers getting enough moves to break them, 30% will, then they have reason to be concerned and treat this differently.

naxe @ Nov 18th 2008 5:50PM

SOUND THE HORNS!!!!

MS F$CKED UP AGAIN..........

oh yea i forgot you guys only bitch when PS does shit like this.

Killjebus @ Nov 18th 2008 5:53PM

So true.

SlimPickinz96 @ Nov 18th 2008 5:57PM

LOL no sir.

Didnt Ps3 just get the ability to download movies and shows like this past E3?

Go play MGS4 ...

Again... :)

naxe @ Nov 18th 2008 6:01PM

@ SlimPickinz96

I sure will as long as you go play your generic FPS. The world will be whole once again.

I dont understand what your getting at but Kudos to you for making stuff up. I too enjoy making things up that make no mind to anything reading them.

Yes on psn you can download movies........ Its not broken tho................ :S

deaftly @ Nov 18th 2008 6:02PM

A GHOST!

*RUNS*

Haggard @ Nov 18th 2008 6:06PM

There's a place and a time for fanboyism, and I have to say this is the most ironic and worst place for it ever.

ejamer @ Nov 18th 2008 6:13PM

This comment is especially brilliant now that we know it's Sony screwing over XBox users by preventing any of their movies being streamed to the XBox 360.

Smart move, or Sony being an ass again? That's up to the fanboys to decide.

Snowblind @ Nov 18th 2008 6:12PM

Generic FPS? Are Killzone and Resistance going multiplatform?

ExMcCloud @ Nov 18th 2008 7:35PM

We'd shit on MS if this was their fault...But this SEEMS like somebody thats not MS doesn't want this Netflix MS deal....We'll see...I doubt that this will stay up for long though....Sony and MS have always co-operated in every other business but gaming so it would be stupid for them to alienate users because of a console war....

Brady Quinn @ Nov 18th 2008 7:36PM

The console wars are taken too seriously like it was an actual war, there are taking of sides and extreme loyalty devoted to a product.

Let's say you win the console you dislike for free. Or maybe someone gave you one as a gift. Will you still show your 'displeasure' and justify it by saying you own it so its okay? Perhaps it will bother you so much you sell it off?

Or by a faint chance, will you not refrain yourself from enjoying the system?

End the extremism and go by preference. They are trying to sell and some of you have bought in too much.

Faceless corporations who have no idea who you are, or dont even understand your allegiance, do not deserve your devotion.

Who woulda thought, that the battle that is being fought so fiercely is not going on by the marketing teams, but by the consumers amongst themselves, who have absolutely nothing to gain from it.