We get asked to sign NDAs from time to time and we spend way too much time analyzing whether it is something we can do. If it isn’t the potential legal minefield that stares back at us from the page, then it’s the notion of keeping track of all the ridiculously broad limitations each and every one of these little documents creates. There are obviously many more reasons we could list here, but in the interest of brevity, we’ve listed our top 5 reasons why we don’t want to sign your NDA.

1. Ideas Are Like Assholes, Opinions, and Scripts in Hollywood…

We hear ideas all day long and chances are, we’ve either heard or thought of something in the neighborhood of what you’re pitching. Unless you have a VERY unique and VERY detailed expression of a genuinely novel notion, there really is little to protect. We live smack dab at the intersection of entertainment, new media, and technology and there’s always a lot of traffic. Our 360-approach to content and distribution literally applies to nearly every conceivable business vertical.— and we want ALL of that business.

Every NDA we sign in one sector could prevent us from doing business in another. Splitting hairs over language and trying to narrow down the sacrosanct from the unprotectable notion, is a time and money suck. That said, if you really do have and want to work with us to exploit your formula for cold fusion and you have the empirical data to prove it, where do we sign?

2. Stealing an idea takes a lot of work.

There’s a saying in our biz: “What works on the page, don’t work on the stage.” You could have the greatest idea in the world, but unless you have assembled the best team to implement and execute this great idea, it will never reach fruition. A great idea doesn’t become interesting until it is put into action and tested to some decent extent. And even then, you best have a credible / stellar team to prove that full execution is around the corner. Look, even Microsoft admits that all of those dorky guys in the commercials invented Windows 7, and yet the company took it to market with little fear of legal reprisal.

3. Most investors today will never sign an NDA.

Talk to any Silicon Valley VC, private equity folks or others holding the purse strings, and you will realize that investors these days will only laugh you out of their office if you bring up the notion of signing an NDA. These guys hear hundreds of ideas everyday. They would have to limit consideration to one pitch per vertical in order to avoid lawyers flying out of the woodwork (and even then, they would get sued). Can you imagine the liability? We’re just the stop before them so we need to follow suit in all but the most extreme situations, like the cold fusion thing.

4. Great ideas cost too much money.

Even if you have a great idea, at the very least you’ll still need to invest some serious coin and sweat equity to get that idea to a presentable level of development. In success, you’ll have to feed the machine until everyone else finds out about your great idea and the masses agree with how brilliant you think you are. Rest assured, we’re too busy realizing our own brilliant ideas to spend the time and money to steal yours.

5. Potential liability? Just say NO.

Every signed NDA out there in the universe provides an opportunity for some anxious lawyer to work his way through the fine print and come knocking on our door because he saw our sexy signature. While there are certainly specific exceptions we make, the general rule is that each NDA we sign has the potential to keep us up at night. We barely sleep as it is.

We live in the age of exponentially fast information exchange. The world is also a bit low on genuinely novel ideas. Let’s rethink how to protect ourselves while making, as opposed to breaking, deals. We know we’ll get some feedback on this one – hopefully from both sides. Let us know what you think. And if you do, in fact, have that cold fusion thing ready to pitch…

The other weekend, though, I was compelled to at least loosen my grip on the status quo and take a deep bow in the direction of the tsunami that is heading our way. Here’s the scoop. I looked in on my two girls (12 and 10, respectively) when I heard blaring music shaking the foundation.

I opened the door (without knocking because, well, I can). There they were, TV on full blast, watching some show where the latest quasi-pubescent heartthrob, Justin Beaver (I know his name is Bieber, but I do that just to mess with them), was guest starring. Each had their laptop (spoiled like you can’t imagine) on YouTube watching this kid “sing” really deep and meaningful songs. They also had him on their iTouches (is that the plural, or iTouchae?). One was on the phone talking to her friend, who was apparently watching / listening to the same Bieberpalooza and the other was texting about the same. In short, it was a platform agnostic, social networking, wireless, audio / visual, crowd sourced, simulcast of all things Beaver (again, just to make my kids nuts). The only thing missing was this kid live, in my house, rocking out (generous on my part) to my screaming girls and their digitally connected fan club. Of course, that came several days later when they saw him live (and, as we all know, Bieber live is like seeing The Boss live in the late 1970s—only the four hour set replaced by 3 four minute songs, primarily about school and gum). Told you they were spoiled.  By the way, while engrossed in their little BieberFest, they never even noticed I was there.  I hate Justin Bieber.

I think this is what Zach calls “living digital”.

The next day, I was telling this story to a bunch of folks at a charity event. A crowd gathered. I’d like to say that this occurred because I am a devastatingly handsome, social vortex creating, brilliant raconteur. Turns out, they all had their own recent digital life epiphanies. One 27 year old woman said her 22 year old brother thinks she is a digital dinosaur (by the way, this gal knows her stuff).

A youngish grandfather told me how his son’s 6 year old borrowed his Blackberry and asked Granddad how to make an exclamation point. Granddad’s direction to “look for the button with the black dot on the lower left side” was met with (six year old mind you) “Granddad, why didn’t you just say that I should use the ALT key?” Finally, when another youngish grandmother (do I kiss ass well or what?), told me that she saw her 2-year-old grand child “thumbing” a toy block as if it were a mobile phone while playing, the light bulb went off. If my girls and babies are doing all of this now, one can only imagine what is ahead.

Yes, Zach, you are correct. You win. The wave is a comin’, what we think is the future now will encounter obsolescence in moments, and thank the stars that we don’t “only make big splashy network TV shows anymore”. Tech will change story, story will change tech, our willingness to adopt the new will spread endlessly like the universe and alter, impact and dictate all of the above.

That said, a month or so from now when I can have things simply beamed into my head, thereby reducing my mind’s eye to a vestigial, outsourced, hunk of my gray matter, I think I am still going to want to go to the movies. Now if only everyone would stop with the damned cell phones glowing, ruining the moment and distracting me from the Academy Award winning acting dynamo known as Megan Fox.

Crackberry photo: nkpix

In Episode 1, we introduce the current state of media, advertising, entertainment and music and discuss what approach brands and content creators are taking to engage people in the volatile, digital landscape. This week we take a closer look at some of the tools marketers have at their disposal and why it’s so crucial to build a customized approach for your audience.  Your mission, should you choose to accept, is to find out as much about your audience as possible (seriously, a scary amount of information)…watch Episode 3 to find out what I’m talking about.

Episode 2 features: Suzanne Diamond, Jason Feinberg and Zach Jordan

Photo by: kmevans

The Digital Decision Series

The rules of engagement have changed and so have the ways we communicate with each other in business and entertainment. The Digital Decision Series is a weekly video blog featuring leading experts and an in depth look at the massive paradigm shift happening across every media channel today. Our goal is to harness the collective power and wisdom of a myriad of disciplines through interviews with working professionals, in a variety of media related industries, in an effort to find some answers and gain a better understanding about exactly what these new communication tools mean for business, entertainment, branding, and marketing.

We’ll cover content, metrics, social media, gaming, technology and multi-platform distribution and how the new 360 or Transmedia storytelling maxims are applicable to every business sector looking to reach out and engage people with a compelling, relevant and entertaining message. Our thought leaders come from a variety of backgrounds: from marketing to music, television to gaming. Collectively, they will unfold the story of the great media paradigm shift and suggest ways in which we can all approach communication in business, education, and entertainment more effectively in the digital space and beyond. In the end, we hope this series sheds some light on the amazing opportunities presented and offers some solutions that have a positive impact on your engagement in the digital landscape.  Episode 2 takes a closer look at why it’s so crucial to customize every approach to messaging and story and using the best digital tools for the job.

Episode 1 Features:

Suzanne Diamond, Tim Mosher, Jason Feinberg, and Zach Jordan

Hailing from a garage somewhere in the far East, we caught up with 5 Elements Entertainment to find out more about their recently released iPhone applications: PITCHING WOO and MUD SLINGER. They requested we only use the transcript of the video interview.  These guys apparently like to play it close to the Gi and frankly, we respect their request for privacy for fear of retaliation, that would most certainly involve painful inappropriateness. We think they’re being overly cautious…after all, we’ve never heard of them and bet you probably haven’t either.  So who are the 5 Elements?

“We are the embodiment of the arts. We feel that like the different natural elements that make up the natural world, there are elements that make up the world of entertainment. Fire is a master of film and story, Wood is the master of games and design, Water is the mater of music and sounds, Air is the master of technology and art, and Gold is the master of business and finance. We are all real world professionals that have an extensive amount of experience working with the biggest companies in entertainment, and we’re all ridiculously handsome.  We found not unlike the synergy of the elements in the natural world, we need to bring the elements of entertainment together to make the best products possible.”

After sitting down with Master Air, it quickly dawned on us that Pitching Woo was no ordinary love voodoo application.  This guy could be on to something, as he explained while talking about himself in the third person.

“Master Air is always breaking with tradition, donning his silk robes and trying to, as he likes to say, “transcend boundaries through babes.”  During his wanderings of the romantic wasteland, he noticed that the right pet name makes a woman weak at the knees and when he’s called a “sly wonder bug” his heart goes a flutter.  We decided to create an app that would allow anyone to become master of romantic nicknames without years of training and meditation.  The result is Pitching Woo.  With over one million combinations at your fingertips, you’re bound to find the pet name for Mr. or Mrs. Right( or Mr. and Mrs. Right Now if that’s your thing).”

There’s an awful lot of snake oil out there and many people claim their methods are the ultimate Cupid’s arrow. Will the Pitching Woo app really help get me more lovin?

“Our Master of Legal Affairs tells us we can’t make any promises, but if this were you and me hangin outside talking Martial Arts and Meditation and you asked me on the DL, I’d say yes – absolutely.”

Can Pitching Woo help me translate my romantic nicknames into alien languages?

“Possibly, some of the algorithms are still being developed by Master Air.  Most of the aliens we’ve met have come to earth to challenge our Kung Fu, and while dispatching them, we rarely hear anything romantic pass from what we assume are their mouths.”

I argued that too much Love can be a bad thing and that we can’t all be Pitching Woo (even though I might be right now).  Master Water went on to spin me the tale of the Mud Slinger.

“While leaving the 5 Elements temple, Master Water was cut off by a horse drawn cart doing over 5 miles per an hour.  Shocked and perturbed, Master Water lost his normally remarkable ability to deliver the perfect insult.  As a result, he shook his fist in the air and bizarrely uttered the word “youuu…youuu.”  Vowing this should never happen to anyone again, Master Water returned to the temple and rallied the 5 Elements to create the Mud Slinger.  It is the Yin to Pitching Woo’s Yang.”

Remarkable.  How many insult possibilities does the Mudslinger offer and what are some of your favorites?

“Mud Slinger has over 1.2 million possible insults. With that many insults, Water will never again have to hesitate or ever be at a loss for that perfect insult!  Some of the honorable 5’s favorites are…”

Decaying Bowel Hunter
Unclean Weiner Weasel
Odorous Zit Mongrel
And
Overfed Diaper Topping

I appreciate the endless possibilities to insult the people I love the most, but some critics might argue that name-calling is too rampant.  Do you really think we need more Mud Slinging in this world, especially in the form of an iPhone application?

“We wouldn’t say that the world needs more Mud Slinging, just better quality Mud Slinging.  The old insults are just that…old.  And if I hear one more Yo Momma joke, someone’s getting a double twist, frosty roundhouse in the throat.”

I understand your fans on iTunes have been very pleased with these applications.  What are some of your favorite comments you’ve received on iTunes about either application?

“This is one of those magical apps that will make your stomach and cheeks hurt from laughing.  I’m trying to work but keep finding myself slinging mud at invisible foes.  This is too much fun!!”

“I bought this for a little fun with some friends.  I must have slung mud 1000 times with no repeats, and the insults are so out of control… I just started texting screen shots to my friends, at least they were my friends till I called them a Toilet Clogging Hemorrhoid Monkey.  I love this app!”

What’s next for the 5 elements?

“Games and Unique apps that fill the needs of the masses. We really want to focus on making product that will inspire and entertain. All of the elements have a passion for what we are doing and an unlimited amount of creativity so I think we have many ideas we would like to bring to fruition.”

Fantastic then.  One last question: why do all of the members of the 5 elements have obscenely large eyebrows?

“You know what they say: big eyebrows = big feet and big feet = big………………..shoes.”

Pitching Woo and Mud Slinger are both available on iTunes.

Laurie Sullivan’s January 9 article about a joint study of TNS Compete and the Consumer Electronics Association was welcome proof that brands ignoring the boomers is, well, ignorant.  The study, “Greying Gadgets: How Older Americans Shop for and Use Consumer Electronics”, put some teeth behind what many of us have been saying for years—the boomers have more time, more disposable income, and are more likely than you think to buy the goods and services you reserve exclusively for the 18-34 crowd.

According to the study, cell phone use, HDTV and other audiovisual purchases, and the use of search engines and online video are well within the boomers’ wheelhouse.  They are actually living brands and consuming information and entertainment just like the youngsters.

Years ago, I developed a television format called “The Far Side of 50″ that, at least in my estimation, was a lighthearted and informative magazine format for the over 50 crowd.  I pitched it, got good responses on the substance of the show but was then told that “it was about old people” and the ad sales guys would die laughing.  Despite my argument that the over fifty crowd buys cars, jeans, toothpaste (and even condoms) and that they keep their money in banks (not under their mattresses), and do all of the things that the 18-34s do (except for facial piercings), the show was a no go.

Fast forward to a few years back and I had a similarly depressing experience.  While I was President of a large animation studio, I was lucky enough to work with one of my TV heroes, Norman Lear, on an animated comedy called “Till the Fat Lady Sings”.  The show revolved around a series of older characters who congregated each day at a seniors center in Santa Monica.  The concept was amazing, the pilot script was vintage Lear (touching, poignant, and VERY funny), and the voice cast was to include Anne Bancroft, Adam Arkin and even Kirk Douglas (who was to play a stroke victim—I dare you not to laugh—HE did).  Anyway, great pitches, TV executives whipping out their own hilarious stories of seniors in their lives etc.  And then, well, you know.  The show was about OLD people. It never sold and to this day haunts me as one of my biggest professional disappointments. I get a shot at working with my TV idol and, well, anyway….

Point is, studies like Greying Gadgets are a great step toward tossing away these antiquated notions about key demographics and target audience.  Your target audience should be anyone who can arguably relate to your product or service.  The boomers are 100 million strong, have big money, big wants and needs and represent a very big buy potential (again, with the exception of body piercing products. 55 and secret piercings?  ugh).  If brands start to get it and understand that the boomers have actually seen a computer, worn a pair of jeans, had a glass or 9 of vodka and otherwise are continuing to live and consume, the opportunity to connect with this demo is astounding.

Peter J. Schankowitz