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January 05, 2008

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Stuart Creque

The WGA announced the specific terms of the Pants deal Friday, which included provisions for new-media compensation in areas such as Web streaming and paid downloads. That pact also includes a favored nations clause that allows it to revert to whatever terms the WGA and AMPTP eventually settle on.

This is an interesting part of the strategy of divide-and-conquer: there's no real cost to World Wide Pants of signing the deal, because if the New Media and other contentious provisions get negotiated away by the AMPTP, they get magically deleted from the WWP deal, too.

The only way the divide-and-conquer strategy works for the WGA is if a critical mass of AMPTP companies -- including the Big 8 conglomerates -- split off and put their writers back to work. Only a critical mass of companies in production, making money again, would be sufficient to pressure the holdouts to deal.

On one hand, the Big 8 are not so financially weak that they would be willing -- yet -- to fracture their united front in negotiations.

On the other hand, if there is no downside -- due to the most-favored nations clause -- of doing an early side deal, it gives each AMPTP company an incentive to split early and make the other companies bear the burden of holding out for the contract provisions they want. In this sense, it gives the AMPTP companies the same out as fi-core gives WGA writers, and thus tends to help split the alliance.

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