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The New Exclusive: ALM's Deal with Thomson West Changes the Balance of Aggregation
   
    1 May 2006
SUMMARY:
 
 
Exclusive content deals may seem like a throwback to a simpler era of commercial agreements, but with the emergence of publishers pushing rich data solutions we may expect to see more of these emerging in key market sectors. With the open Web providing more ways for publishers to market their value-add rich data content directly to targeted audiences there's less of an incentive to relicense content except where partners can add the most value possible through their services. Add in the value that subscription database services can add to the Web sites of publishers and there are more reasons then ever for such exclusives to create unique content services in both enterprise and online markets.

If recent developments in online publishing have taught us anything it's that you cannot expect to succeed by trying to be what you're not. Magazine and journal publishers have struggled over the past decade to resolve their identity in an increasingly online-driven publishing  world, with many of them challenged to transform themselves into publishers that can service online audiences with more than just traditional editorial content. For business publishers this solutions-oriented movement focuses often on "rich data", the process of adding content from users and databases to add value to their online content. But there is a burning question that confronts these publishers: if developing rich data is the key to greater profits for publishers trying to provide more valuable online services, how do you manage competition with content and technology solutions providers already integrated into enterprises with rich data capabilities of their own? 

ALM, a leading provider of law journals and online legal information services, has decided that one answer to this question is to take a new view towards relationships with third parties. ALM has announced  that as of today Thomson's West legal division will the the exclusive third party distributor of their online magazine and and database content for legal markets. It's a two-way deal that offers a great deal of value to both partners. West gets same-day access to ALM's key news sources from its broad array of legal magazines and journals but also access to ALM's expanding collection of databases, including its popular VerdictSearch database that collects verdict and settlement from trial lawyers and other sources. In turn ALM will get to integrate content from West publications into their online stable of publications and databases.

The Westlaw database product is the key target for ALM integration, an aggregation of a broad array of sources from business publishers, governments and their own proprietary databases tuned for highly efficient access. With a large installed base of Westlaw users in the legal community, ALM gets access to audiences already using rich data services without having to commit themselves to licensing content via multiple partners that may take more than they give from their enhanced content. At the same time Thomson gets access to media-focused audiences that relate to legal markets via ALM publishing via the open Web and print in ways that a database publisher cannot easily manage.

This is a major realignment in a major market sector that has many implications for publishers and aggregators of business content making business publications available to enterprises. Here are a few of the major points to consider in looking at the ALM/West deal and applying it to your own focus:

  • Publishers are redefining the rules of how to work with aggregators. The days of subscription services providing general aggregation of news and research publications for enterprises is being pushed to a close by more even-handed content licensing relationships exemplified by this deal. Publishers are serving up more ad-supported and subscription content to enterprise audiences directly via Web search engines and developing rich data services to service those audiences. In such an environment why assume a passive role with a subscription database partner? Subscription database providers need to adjust rapidly to publishers more willing to develop far more than traditional text-oriented content and to recognize that the rich data game will call upon them to meet audiences wherever they want to be met - including on the portals of publishers who license content to them. . 
  • With rich data, exclusives take on a new meaning. Going for an exclusive third-party distribution agreement has been a risky affair for most publishers, a balance between per-user revenues and overall market penetration. But with direct Web access to their data-enriched online publications already in place the dangers of losing market penetration via third party exclusives can be limited more easily. Third party distribution deals can be used more selectively in this environment to focus a publisher's development and marketing resources on fewer third party applications and more on making their own rich data-driven applications succeed with our without third parties. As standardized Web services packaging evolves calculating such trade-offs from formally negotiated licensing agreements may become less critical to publishers. But for now exclusives offer the leverage to develop value-add relationships with enterprise content service providers that go beyond one-way distribution deals to more value-add positioning in front of specific audiences for both parties.
  • The world of online media is becoming fair game for traditional content aggregators. Although the details of what ALM will get to draw out of Thomson's West resources are slim, part of the high-level motivation for this deal has to be the desire of Thomson to rediscover an effective positioning for its content in ad-supported and subscription online media markets. When Thomson pitched most of its print-driven properties a few years ago it missed out on the surge of print publications converting themselves into richer online properties with robust online ad and subscription revenues. Working with a sophisticated media partner such as ALM offers Thomson the ability to expose its database content to the media marketplace via a high-end media partner while keeping focused on high-end value add services for enterprises.

As more relationships such as those seen in the ALM/West deal emerge we're likely to see a continuing evolution of The New Aggregation, one in which companies with a media focus complement companies with an enterprise services focus to channel content in the most efficient manner possible to distinct but overlapping audiences. Both publishers and aggregators will evolve to provide rich data services tuned to the outlook and commercial frameworks of these two distinct environments, with each leveraging the other's business models to maximize the value of their content while minimizing risk and expenses. Exclusive deals may not work well in every instance, but they're a powerful tool to expose a content product's complex virtues to an audience that needs more than just good search tools to get content in the most valuable context possible.

- John Blossom

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