The TV Zone

OK, sports fans: After all these months, we can finally, officially, absolutely (positively) declare the writers strike over.

The contract approved a couple weeks ago went out the general membership for a vote, and it came back resoundingly approved. And that, as they say, is that. (I remain, however, perplexed at the relative low number of votes casts - less than half the total WGA membership...but it's still all over.)

Here's the official letter from the bosses of the WGA, received just moments ago:

To Our Fellow Members:

Today, it is our pleasure to inform you that members of the Writers Guilds of America, East and West, have voted to ratify the MBA contract with 93.6% approval. With a total of 4,060 votes cast, the tally was 3,802 to 258. These numbers reaffirm the tremendous level of support and commitment our membership has continuously demonstrated over these last few crucial months.

We are also pleased to report that the trustees of our health fund voted yesterday to follow the recommendation in our strike settlement agreement to provide additional coverage and an extension of the earnings cycle for a full quarter (three months) to participants who would otherwise lose health coverage following an earnings cycle that included all or a portion of the strike period. Participants whose health coverage is paid for by points will only be charged points if they have ten or more points as of April 1, 2008.

As we close this chapter in our union's history, what we together have accomplished should not be underestimated. The 2008 MBA establishes a beachhead on the Internet and in new media that will guarantee our share of a potentially vast and bountiful future. Writers already are working on new media projects under this agreement and residuals must now be paid for streaming and downloads of our library of films and TV shows.

Language in the contract will allow us to monitor and audit these new technologies and new business models, but it will take vigilance on the part of our membership to make sure that original Internet writing is done under a WGA contract and with appropriate terms and conditions.

The same sort of vigilance will be needed to assist members of SAG and AFTRA. They are about to go through a similar process to the one we experienced. Their support of our cause was invaluable. We must use all our efforts and experience to support them as well. Further gains that they can achieve will have an immediate, positive effect on our contract.

We must take our newfound spirit and unity and use it to move our two unions forward. We look to the future and our newly revitalized member engagement to reaffirm writers as the first among equals in the most collaborative art form in history. As the last few weeks proved once and for all, we are all in this together.

Best,

Michael Winship

President

Writers Guild of America, East

Patric M. Verrone

President

Writers Guild of America, West

(Above, Verrone, right, Winship, left. Courtesy: Variety)

That was no broadcast for old men. But then it never is. Ending late, sometimes with the rising sun, Oscars telecasts tend to bring out the worst in critics, who look for any reason to hate the show and find the ceaseless nature of this beast the most convenient one.

But me? No. Not me. This one ended at around a quarter to twelve which is sort of like a reprieve - an unexpected and thoroughly welcome early release for good behavior. Whom to thank? Not just Jon Stewart, who was in fact brisk. Not just the writers' strike which meant (I'm spitballing here, of course) that writers didn't have enough time to over-write this thing. It was helpful that most of the winners didn't speak English. One tends to be gloriously brief in one's acceptance speech when one tends not to understand a word of what one is saying.

But we should be deeply, eternally grateful to Joel Coen and Ethan Coen, "No Country for Old Men" winners over and over and over. I think they got up on stage fifteen times, or something like that. Each instance, Joel said about ten words, Ethan just two ("thank you.") They're kind of like the Penn and Teller of directors - Ethan's Teller, of course. It must be that austere Minnesota temperament, but Ethan - shorter of stature and words - is the perfect, or at least, ideal winner. Imagine if these two were the type of winner who needs to thank every aunt and uncle four generations back? Last night's show wouldn't end until Wednesday. If these guys were also actors, writers and set designers, they woulda won those awards too and we'd have all been in bed by 10.

What of Stewart? For the most part, pretty good. His monologue (you can always tell whether a show will be excruciating, depending on these five minutes) was solid and often funny. Discriminating tastes may have found offense in the Barack Obama/"Gaydolf Titler" line - but such tastes would find offense in anything. I thought he was fine, overall.

Clips? Yeah, a lot and none particularly nourishing (there were too many, given that this was the 80th.) Political jokes? A few (see above) though I can't remember any (from Stewart) with any bite. The writers' strike? Seemed like ancient history - forgotten already, as if nothing had really happened over the last three months. Diablo Cody dedicated her award to the writers; I'm sure they all appreciated the gesture, even though meaningless. Stewart called last night's show "makeup sex," but the broadcast's relative brevity, overall garage-band rougher-around-the-edges feel, and gloom-and-doom nominees/winners list gave the sense that the long enforced period of chastity was even better.

This morning, I wrote a bitchy, snide, mean, querulous, cynical, argumentative post about the low turn-out for the Writers Guild vote yesterday, because....well...THAT'S JUST THE WAY I AM.

To restate my observation (see below), I fail to understand why only 4,000-or-so writers cast a ballot when the other 7,000 members couldn't get their butts over to a polling place in LA or NY to cast a ballot too. I mean, it wasn't like this thing wasn't publicized.

Well, since posting this, Sherry Goldman - who's done a fine and honorable job representing the WGA to the east coast press since this strike began and is never any of those things that I demonstrably am - had a detailed and reasonable response to my questions about the turn-out.

I quote Sherry in full:

"The reason that only 3,775 writers voted is because it was a 48-hour vote and writers had to go to meetings in either NY or LA or vote by proxy. Many Writers Guild members do not live nearby either - for example, the WGAE membership covers everything East of the Mississippi and also England and Ireland. So, it is difficult if not impossible for people to get to the meetings. We consider this vote turnout a strong turnout.

"But, since the 48-hour vote is not easy for everyone to vote, that is why the Guilds decided that contract ratification vote will be a mail ballot. Later this week ballots are being sent to all members covered under this contract - and members can vote by mail, proxy or in person at membership meetings on Feb. 25. Constitutionally, we are required to give 10 days for a mail ballot - so this process works for the contract ratification vote. But, our membership told as (at the member meetings over the weekend) that they did not want to wait 10 days for the strike to be lifted either by the contract ratification vote or by a separate mail vote. That's why it was split this way."

And speaking of voting: Let's ponder this one number.

92.5 percent.

Big number.

Nice number.

Seemingly overwhelming number.

That's the percentage of writers who voted to end to walk-out last night.

But only 3,775 ballots were cast. What about the 7,000 - that's write, errr, right - almost SEVEN THOUSAND other members of the WGA who didn't bother to vote?

True, people had to actually go to the Guild Theater in Beverly Hills (or Crowne Plaza in NYC) to cast a vote, so maybe traffic, or something else (God knows what), kept most people away. But you'd think that with all the anguish, all the fighting, all the picketing, all the canceled contracts, all the damaged careers, derailed shows, and general meshugas, that EVERYONE would want to show up to cast a ballot, either thumbs up or down.

Instead, only 3,775.

So, were the other 7,000-or-so unhappy with the new contract? Just couldn't be bothered? Had other things to worry about instead of their livelihood?

I just don't get it. (By the way, about 280 cast a no vote.)

Of course, there's no such thing as 100 percent compliance in any WGA vote, but writers have turned out in greater numbers before. When? Back in October, when WGA West and East members cast a total of 5,507 ballots to authorize a strike, which at the time was reported to be the largest turnout in WGA history.

Oh yes, the actors.

In all this talk about writers and yesterday's Writers Guild of America vote, we almost forgot about them. But this oversight should be corrected shortly. Here's why: There's pressure mounting on the Screen Actors Guild, the larger and certainly more visible union that represents just about everyone that works in FRONT of the camera, to start negotiating its next contract.

SAG's deal is up June 30 but per the trades this morning, the studios want to get the Guild to the table quickly - perhaps to seal a deal similar to the one the writers just agreed to?

As evidence of this pressure, here's a fascinating nugget in Dave McNary's piece in Variety this morning: "Studios are indicating to agents this week that they're generally holding back on commitments to feature projects until SAG signs a new deal - particularly since they've been stockpiling features in recent months as a hedge against a SAG strike."

But here's the big question: Will actors embrace the writers deal? The WGA deal is considered roughly similar to the Directors Guild deal, signed earlier, but SAG disparaged the DGA deal at the time. So...how does it feel about the new WGA deal?

It's unlikely the actors will go on strike, but really, who knows for certain. Here's one intriguing development: There's a huge fissure between the haves and have-nots in the union, with working actors - a total of 800, in fact - having signed a petition demanding a "qualified voting requirement."

This means...that only working actors making a buck - apparently at least $7,500 a year - would be allowed to vote on the new contract. Their fear? That those who aren't working, or the vast majority of actors, will vote for a strike.

(That guy pictured above - can't think of his name at the moment - wants SAG to get talking.)

Not back next season? Is this possible?

We may have the first evidence of the draconian effect of the writers' strike on returning series or, to be more precise, those series not returning.

ABC on Monday announced a slew of shows that will return for the 2008-09 season - "Brothers & Sisters,” “Desperate Housewives,” “Dirty Sexy Money,” “Grey’s Anatomy,” “Lost,” “Private Practice,” “Pushing Daisies,” “Samantha Who?” and “Ugly Betty.”

And on Tuesday, we get word that it's also cut back on its order of "Lost" for the remainder of the season.

Yesterday's list may be more interesting for what is NOT on it: "Cavemen," "Carpoolers," "October Road," "Men in Trees," and "Big Shots." The only truly surprising omission? "Boston Legal," which is the last surviving series of uber-producer David E. Kelley on primetime TV (and which of course, grew out of the ashes of "The Practice.") ABC says the show's fate won't be determined until May, but this definitely looks bad.

What could be going on here? Too expensive? That's a very real possibility - and I did note that William Shatner was asked in a recent magazine survey whether he missed working at the show during the strike, and his response (I paraphrase) was "not in the least..."

"Cavemen," alas, was expected to be a casualty, strike or no. The others were certainly bubbles, too, though the strike may have hastened their demise.

"The strength of our schedule this fall was unprecedented and speaks for itself,” said Stephen McPherson, president, ABC Entertainment, in a statement. “We’re looking forward to building on that success.”

In the midst of strike on/off meetings and madness, the Writers Guild actually found time this weekend to announce the winners of its annual Writers Guild Awards. No big ceremony shindig this time, though. Guess they’ve got something else to deal with.

The TV winners include:

Dramatic series – “The Wire” (HBO, photo above).
Comdy series – “30 Rock” (NBC).
New series – “Mad Men” (AMC).
Episodic drama – “The Sopranos” episode “The Second Coming” (HBO).
Episodic comedy – “The Office” episode “The Job” (NBC).
Long form, original – “Pandemic” movie (Hallmark).
Long form, adaptation – “The Company” (TNT).
Animation – “The Simpsons” episode “Kill Gil” (Fox).
Comedy/variety – “The Colbert Report” (Comedy Central).
Daytime serial – “The Young and the Restless” (CBS).
Children’s script – “Flight 29 Down” episode “Look Who’s Not Talking” (Discovery Kids).
Children’s long form/special – “Johnny Kapahala: Back on Board” (Disney).

For full info on all the winners, see the WGA site here.

Jeez, what was THAT all about? A three-and-a-half month strike. $2 billion hit on the LA economy. Thousands put out of work. About 70 "housekeeping deals" - writers put on retainer - killed outright. Dozens, hundreds of shows shut down.

In the very cold light of dawn, the new deal doesn't really look all that great given the fall-out. On the page, the numbers actually look kinda puny. After all that - all that picketing, too - here's (part of) what writers ended up with: "residuals [will be] paid at 0.36 percent of distributors gross receipts for the first 100,000 downloads of a TV program and the first 50,000 downloads of a feature. After that, residuals are paid at 0.7 percent of distributors gross receipts for television programs and 0.65 percent for feature films.”

And that's just in the third year of this deal.

Now, let's get out my calculator - five of the most dangerous words in the English language - and see what this comes to. If we're talking (hypothetically) about "The Office" which goes for $1.99 (although it's no longer available on iTunes, but just stay with me here), and you reach the threshold of 100,000 copies downloaded, then that comes...to the grand total...of...$720.00.

In Los Angeles, I believe, that's the typical weekly grocery bill.

That's if you get to 100 large. Most shows don't do that well. Few do in fact. Of, course, my math could be all wrong (probably is) and I'm prejudiced by what appear to be very picayune figures. The Writers Guild would say that I've missed the point. This is about the FUTURE. This is about erasing PAST INJUSTICES. This is about GETTING OUR FAIR SHARE and tapping into the DISTRIBUTION PIPELINE OF THE NEXT DECADE. In that sense, they're certainly right. The producers wanted to indefinitely delay any new media payout pending a "careful industry study." Oh, yeah, we know all about THOSE careful industry studies.

For writers, the crucible that this strike was forged upon were DVDs. Twenty years ago, scribes pretty much abdicated any significant residual stream from videos because they were an unknown new business, and who the heck knew what they were gonna do? Videos boomed, then DVDs; writers got chump change from this revolution. Ironically, DVD residuals ended up taking a back seat in this negotiation because the Guild was hell-bent on getting Internet residuals.

A stray thought here: What if the real cash comes from DVDs in the next ten years, while downloading and streaming remain small potatoes? Clearly, the "distributors' gross" from the sale of a DVD is going to be far higher than an Internet sale simply because DVDs cost more.

One more stray thought: I think this battle was as much about the past as the future. Knotted deep within the DNA of Hollywood is distrust between writers and suits. Writers always think the suits are trying to screw them over - either financially or creatively; suits think writers are whiny layabouts who dress badly. Both camps hate each other and almost always have - though you have to go way back to the '20s when the first stirrings of this antipathy occurred. It's a fascinating, complex, serpentine story, but I think this latest strike proved (once again and thanks, Faulkner) that the past isn't dead - it isn't even past.

(Above: Irving Thalberg, left, who first did battle with scribes back in the '20s and '30s, alongside Norma Shearer and LB, who had his own share of battles; picture from "The Lion of Hollywood," by Scott Eyman.)

For sale on Ebay soon.

You can - as Dan Rather might say - put a period, end, full-stop and exclamation mark on the writers' strike of 2007-08.

The Guild got a positive reax to the proposed deal in meetings on both coasts last night. It now goes to general membership for vote, but the strike won't be lifted until Wednesday. WGA bosses met today to make a formal pronouncement, allowing writers 48 hours to mull the deal, and then vote yea or nay - the latter, per a press conference today, considered unlikely to derail the deal announced today.

Monday was the expected start date, but instead, so-called show-runners will return to work tomorrow, setting up shop - so to speak - and preparing to re-hire all those hundreds who were fired.

There was plenty of reason for celebration by writers - anxious to end this crippling strike - though they didn't get everything they wanted at the outset. One scribe explained, "I do feel the Guild made amazing strikes [and] the two things I am most happy with are [the fact] there are no sunset clauses like the [Directors Guild]" while this deal goes to May of 2011, "not November or February which aligns us three years from now with SAG and DGA. If we didn't get stuff this round we will be stronger next go round."

What "stuff" might that be? Representing animation and reality writers for one; and Sunday morning at ...ohh, 10:30 ...it's still unclear whether writers got any residuals for DVDs. That was a key striking point, and an emotional rallying point as well, but hardly any word (best I can tell) in the proposed agreement addressing this. They got a boost in residuals for streaming and downloads, but only after so many downloads. (See below.)

Meanwhile, I share this handy Reuters wrap that goes over the numbers: All the key stats that give you an overview of the cost, human and financial, of the now-ended strike:

The following are some economic factors at stake in the strike by some 10,500 members of the Writers Guild of America.

* The motion picture and television industry generates $30 billion in annual economic activity for Los Angeles County alone.

* About 254,000 people are directly employed in the county's film and television industry -- from actors and directors to hairstylists, set designers, truck drivers and clerks. That is double the number who worked in the industry 20 years ago.

* The Los Angeles Economic Development Corp. estimates at least $650 million in wages have been lost in the region's film and television industry since the strike began Nov. 5, with $1.2 billion more in lost earnings caused by a ripple effect in the local economy.

* The last major Hollywood strike was in 1988, when a 22-week walkout by the WGA delayed the start of that year's fall television season and hit the entertainment industry with at least $500 million in lost earnings.

* Production on some 60 prime-time television dramas and comedies normally filmed in the Los Angeles area were shut down by the latest strike, idling roughly 11,000 crew members.

* A private industry analysis reported by Daily Variety projects that lost spending on U.S. film and television production would reach about $3 billion if the strike were to last another two to three months, with collateral economic losses topping $5 billion.

* A key stumbling block in contract talks had been writers' demands for higher "residual" fees when their work is resold in the form of Internet downloads. The union originally sought 2.5 percent of the distributor's gross revenues, while the studios wanted to hold the rate to the equivalent of just 0.3 percent. The tentative deal would pay 0.7 percent of gross revenues, but that rate only kicks in after the first 50,000 downloads for movies and 100,000 downloads for television.

* The U.S. download-to-own market for movies and television episodes -- a small but growing chunk of entertainment revenues -- was expected to reach $315 million at the end of 2007 and nearly $1.2 billion by 2011, according to PricewaterhouseCoopers.

* Payments of all residuals to screenwriters amount to more than $100 million a year, according to industry figures. The union says such payments account for as much as half the income earned by "middle class" writers who make up the bulk of the WGA's membership.

The writers' meeting in New York has ended, and the mood, per press reports, was good.

Very good.

Does that mean ratification? Well, let's see what happens in L.A. - the big meet at the Shrine starts in two and a half hours - but if the NY meet is a foretaste, then expect this strike to be over by Monday.

"This is a historic moment for writers in this country," said Michael Moore to reporters outside the Crowne Plaza (as quoted by Variety.) "There is a certain irony about the achievement. I would have thought it'd be autoworkers or ironworkers getting this victory but instead it's the people who got beat up in school for writing in their journals."

"Late Night with David Letterman" writer Bill Scheft talked to reporters too, and he's been quoted everywhere, saying he likes the deal. Also Seth Myers, of "SNL," who was apparently so confident of resolution that he told Variety that the show could be up and running as soon as Feb. 16.

So what is the caveat? Simply this: That most NY-based writers are a slightly different breed of cat from their west coast counterparts, who write dramas and sitcoms. (NY-based writers are heavily represented in late night and daytime.)

Will the west coasters have a different reax?

We all await...

The striking writers - 13,000 of them from coast to coast - finally got specifics of their proposed new deal very early this morning, and the letter sent to them from WGA leadership contains this not entirely rosy overview:

"Over these three difficult months, we shut down production of nearly all scripted content in TV and film and had a serious impact on the business of our employers in ways they did not expect and were hard pressed to deflect. Nevertheless, an ongoing struggle against seven, multinational media conglomerates, no matter how successful, is exhausting, taking an enormous personal toll on our members and countless others. As such, we believe that continuing to strike now will not bring sufficient gains to outweigh the potential risks and that the time has come to accept this contract and settle the strike."

Writers in New York are meeting today (and through tonight, probably late tonight) to get a sense of whether they should accept or reject this new deal, which DOES include remuneration for "new media" which is what they put up the fight for in the first place. But the language is complicated, and convoluted - and I'm not certain but I don't think it addresses DVD residuals either.

By the way, as my colleague, Diane, (below) notes, the LA Times is all over this, but for an especially good tic toc of the action throughout the day and night, also go to deadlinehollywood.com.

So what's up with the Hollywood strike that's taken away so much scripted TV? Writers Guild members are meeting today (Saturday, Feb. 9) to hear about the tentative deal hammered out by their negotiating team with the networks/studios.

Our corporate brethren and sistren at the Los Angeles Times are covering this hometown-industry story like a blanket. Here's their latest dispatch.

With all due respect to Churchill, these do seem to be the big questions on the eve of this momentous weekend in the entertainment industry.

You know - questions about the writers strike. The thing that's kept shows like "American Gladiators" far too long on the air (and "24" off the air probably for the rest of the year, and "Grey's Anatomy" MIA.)

Will this weekend's meet be the end? Or the beginning of a long and brutal stalemate?

In the last 12-24 hours, there have been a lot of declarations on both sides (see: Eisner, below.) Some say its over. Some say it ain't over until it's over.

Tomorrow, the writers meet together with the Guild leadership to review particulars of the deal before them. ALL writers on both coasts have been urged to attend, which means a very big and very disparate and VERY noisy meet. Anyone who expects 13,000 people to sing Kumbaya in merry unison is either foolish or ignorant or full of wishful thinking. This strike has caused so much anger and disrupted so many lives - THEIR lives - that it's impossible to imagine perfect unity.

Bottom line: Anything could happen this weekend.

So let's say - hypothetically - I'm a writer whose electricity was turned off a week ago, and who's wondering whether that job at McDonald's will come through.

After so much sacrifice, here are the questions I would want positive answers to this weekend:

1.) Will our DVD rate be increased to 8 cents?

This is what put me on the street in the first place. I've been screwed out of home video and DVD residuals for two decades. All I want is my fair share here - 8 cents. If you tell me we're still gonna get paid 4 cents for ever $19.95 video that's sold then put my vote in the "no" column.

2.) Will we get a 2.5 percent residual on both streaming AND downloads of our shows on the Internet?

If the answer is no, again, then my answer is no, again. What's the point? Wasn't this all about getting our Internet rate (with no distinction between downloads and streaming) the same as our TV residual, which IS 2.5 percent (or 2.5 cents for every dollar the studio gets?) I've read all the press reports - you know, that we'll get this by the third year of our deal - but I'm still confused.

So there you have it, friends. The bottom line (again), and the two numbers (8 cents and 2.5 percent) that drove this strike in the first place. What are the answers? What are the compromises? Will the hardliners outvote those who want to accept the "compromise?" Or vice versa?

In other words, this strike really isn't over until it's over. Let's wait until this weekend to see what happens.

If you can believe Michael Eisner - and you can, can't you? - then we've got great news for you: The writers strike is over.

He's a guy, I should add, who's in a pretty good position to know, and not just because he ran Disney for what seemed like an eternity; he also runs his own investment company (Tornante) that has stakes in media companies, so he's got money in the game.

But not too fast. This from a WGA spokesperson just a little while ago: "The strike is NOT over - as you know, we are under a press blackout, but I can tell you that the strike is NOT over."

Eisner made his "it's over" declaration a few hours ago during an interview on CNBC's "Fast Company, Eisner - the feisty former chairman of the Mousehouse, now with an occasional hosting gig on CNBC, was flat-out blunt (he always is) about the end. He told anchor Dylan Rattigan "They [studios and writers] made the deal, they shook hands on the deal. It’s going on Saturday to the writers in general" for agreement. He was apparently referring to scheduled meetings here and in Los Angeles between writers and the Writers Guild scheduled for this Saturday. He added, "A deal has been made. They’ll be back to work very soon. I know it’s over."

Eisner's declaration is the first by an industry bigshot affirming widespread reports over the weekend that a deal had been struck Feb. 1. Both studios and the Guild, under a self-imposed media blackout while negotiations have been underway, declined comment, while a spokeswoman for the WGA could not be immediately reached for comment.

He also took a potshot at the writers: "I think this was not the time [to strike]. If there was going to be a strike, it should have been three years from now when you really knew the definition of the online business and where you knew the revenues were coming. I think a lot of writers lost their deals and they will not be reinstated," referring to dozens of those writer/producer contracts that were terminated by the studios over the last month.

Here's the place to go to see Big Mike insist that the fat lady has sung.

(Photo: Forbes.)

Yes, it is nearly over. Finally. If you can believe the spate of reports out this morning, everywhere from the NYT to Variety, which unequivocally state that a breakthrough on new media payments - long a sticking point - was reached Friday during informal talks between studios and writers.

There's always reason for pessimism, and for a good healthy dose of that, go to Unitedhollywood, which has been a solid barometer of writer sentiment since this walk-off began Nov. 5.

But the simple fact is simple: Neither studios NOR the Writers Guild would have authorized Saturday's media leaks (which of course they did) were they not confident that the end is near. And once that trigger (so to speak) has been pulled, it would be inconceivable to think that some sort of reversal will take place.

In other words, it's almost certainly over.

Without getting into details of the pact (and they're everywhere, but the LA Times seems to have most of the key ones), the BIG question for you and me is: When? When will shows get back on the air, and when will we be able to say goodbye forever to reality twaddle like "The Farmer Wants a Bride Who's An American Gladiator" and get back to the real stuff we tune in for, like "24?"

Great question, and here's my rule of thumb (effectively sanctioned, I should add, by Entertainment Weekly, which put together a pretty good strike survival guide recently): Four to six weeks.

This means that if the strike ends tomorrow, a brand new episode of just about any scripted show could hit the air by early to mid-March. I would go with the four-week-rule of thumb, however. When the green light goes on, shows will be RUSHED, and I do mean rushed, to the air. Four weeks wouldn't be out of the question, especially since it takes typically eight full days to shoot one hour-long drama (for example.) Shows won't have much of a back-load of scripts, if any, since many - "CSI," just one prominent example - used every word they had on the page to squeeze out additional episodes when the strike was on. Under Guild rules, writers were barred from writing anything during the walk-out, but it's inconceivable that many haven't doped out plots of potential episodes in their heads. In fact, they may come back with even better shows - given the simple fact they had so much time to think about them.

In any event, I'm going with the four week rule. This means everything you might imagine it to mean: That a show like "Lost," which had only eight episodes in the can, will now be able to get its full complement of sixteen on the air this season. Many other dramas - with 22-24-episode orders - had only completed one third of those by strike-time; they should be able to add at least eight more fresh episodes as well, if not more.

Of course, the biggest question looming - at least to fans - is "24:" Where does it go from here? Many scenarios have been floated, including a spring/summer run - which I think is unlikely - or a fall 2008 run, which is equally unlikely. Another crazy/unlikely possibility - that "24" bundles up hours into TWO hours per night, or a couple hours per week, which means the show could run unbroken starting in (say) March, and be over by the end of May or early June.

Why unlikely? Only because I think this would be a crushing challenge to the production team - and maybe unnecessary, given the fact that "Idol" will hold the Fox fort until May.

There's much much more to report/speculate. We're just at the beginning of the post-strike era.

Well?

That's by far the most important question in all of entertainmentdom at this very moment, and some are even daring to answer in the affirmative. Go to Nikki Finke's authoritative blog where she posted yesterday that a source told her "things are looking very good..."

That got me to thinking: Is this just another red herring from the Big Bad Studios, who would love nothing more dearly than to rewind the clock back to the days of Louis B. Mayer - when creative types were told what to do and TO LIKE IT (OR ELSE)?

A source - a very savvy veteran producer who's worked on numerous award-winning shows - emailed this observation to me not long ago. It's valuable because it puts the current break-in-the-clouds in some perspective. (Meanwhile, we've all got our fingers crossed...)

"The writers I picketed with on the line today are of two camps... 'rumor is it's over soon,' vs. 'We're out until April.' But with the news blackout it's all speculation. No one in the trenches knows anything. My vibraphone is unplugged (to stay sane) so no vibes here either way.
The cynics among us say the 'progress' meme is being floated by the opposition so that when the truly bad deal is revealed and the WGA rightly walks away the writers can be slimed by the highly paid and very crafty PR team the AMPTP [studios] hired: 'We were making great progress -- the rumor mill said so -- and those damn greedy writers walked because they wanted more.'

"I hope I'm wrong. I hope the rumors are right. But the rumors are just that. Rumors.

"The AMPTP jacked us around twice before (urging us to take DVDs off the table to make progress then they stonewalled us. This stunt was followed by their later promise to keep negotiating but instead they walked away from the table at 6:30 pm and issued a strenuously pre-cooked full-of-crap press release at 6:31 telling the media that we stonewalled). You'll pardon us if we expect a third [screwing-over.] The congloms are playing for real. Their goal is break the Guild and eradicate the residual system. It's not personal. It's business. Our goal is to stay united and move the residual concept into the 21st Century. For us it's very personal. It's our lives and livelihoods. If the AMPTP does the WGA dirty in this round of talks then, in my opinion, There Will Be Blood. "

(How would L.B. himself - above - handle these troublesome scribes?)

As expected, the writers and studios are breaking bread for the first time in weeks - four days after the Directors Guild nailed a deal that was expected to thaw (if slightly) relations between scribes and suits.

But here's the question: has it thawed anything? The WGA is maintaining radio silence again in the wake of the DGA deal, saying only that it's studying the thing and will get back to us at some point. Also, influential blogger/pundit extraordinaire, Nikki Finke - and someone who's read with a near-rabbinical zeal by striking writers - has already labeled the DGA deal a "s&*%!y"one. So...?

In any event, a little while ago, this was the statement from WGA honcho, Patric Verrone:

"We have responded favorably to the invitation from the AMPTP [studios] to enter into informal talks that will help establish a reasonable basis for returning to negotiations. During this period, we have agreed to a complete news blackout. We are grateful for this opportunity to engage in meaningful discussion with industry leaders that we hope will lead to a contract. We ask that all members exercise restraint in their public statements during this critical period.

"In order to make absolutely clear our commitment to bringing a speedy conclusion to negotiations, we have decided to withdraw our proposals on reality and animation. Our organizing efforts to achieve Guild representation in these genres for writers will continue. You will hear more about this in the next two weeks."

Translation: The Guild is taking off the table a minor sticking point - proposals to rep reality writers, for one - but no word, of course, on the WGA stance with regards new media residuals.

What of Finke's "s&%$#y" evaluation? Per one source, "I feel, and so do some of my colleagues, [that] Finke's...reference doesn't do anyone any favors. It's time for the confrontational...posture to be dialed back so the brass tacks folks can get down to 'em without distraction. "

After this morning's Oscar noms, Gil Cates - Mr. Oscar Producer himself and resolute optimist on the feasibility of the Feb. 24 ABC show, told Variety: "A month is a long time way - look at Iowa. There will be lots of clips - we have a long history, 80 years, to explore." What's interesting in this quote is the phrase "lots of clips..." Meaning, "in lieu of lots of stars...?"

In another peace pipe move, the WGA said it wouldn't picket the forthcoming Grammys (that'll make CBS very happy).

Meanwhile, the DGA pact will top the agenda of the WGA's Negotiating Committee, which meets a few hours from now.

The most important development in the eleven-week old writers strike may have nothing to do with the writers - but it soon may.

The Directors Guild - which represents some 13,000 directors and various other behind-the-camera personnel - has reached a deal with the studios; this development could be an extraordinary one because many in Hollywood believe a DGA pact could serve as a template for the writers, as far as residuals from new media are concerned.

And then this potential ice-breaker: In the wake of this agreement, the major studios tentatively held out an olive branch to the striking writers, offering to jumpstart "informal" negotiations. (Writers and the studios haven't sat down in the same room in weeks.)

Here's the statement from the DGA:

"The Directors Guild of America (DGA) announced today that it has concluded a tentative agreement on the terms of a new 3-year collective bargaining agreement with the Alliance of Motion Picture and Television Producers (AMPTP).

Highlights of the new agreement include:

* Increases both wages and residual bases for each year of the contract.
* Establishes DGA jurisdiction over programs produced for distribution on the Internet.
* Establishes new residuals formula for paid Internet downloads (electronic sell-through) that essentially doubles the rate currently paid by employers.
* Establishes residual rates for ad-supported streaming and use of clips on the Internet.

“Two words describe this agreement - groundbreaking and substantial,” said Gil Cates, chair of the DGA's Negotiations Committee, in announcing the terms of the new agreement. “The gains in this contract for directors and their teams are extraordinary – and there are no rollbacks of any kind.”

Cates, by the way, is the director of the Oscars' telecast, and he's told people that the show will go on - by hook or by crook. More speculation: That Cates fully expects the DGA deal to be adopted by the writers, which will then pave the way for the Oscars telecast.

Here's the WGA response to the new deal:

"For over a month, we have been urging the conglomerates to return to the table and bargain in good faith. They have chosen to negotiate with the DGA instead. Now that those negotiations are completed, the AMPTP must return to the process of bargaining with the WGA. We hope that the DGA’s tentative agreement will be a step forward in our effort to negotiate an agreement that is in the best interests of all writers."

Cates, the legendary Oscars producer, who may have just brokered the most important deal of his life.

And the studios' joint statement: "We hope that this agreement with DGA will signal the beginning of the end of this extremely difficult period for our industry. Today, we invite the Writers Guild of America to engage with us in a series of informal discussions similar to the productive process that led us to a deal with the DGA to determine whether there is a reasonable basis for returning to formal bargaining. We look forward to these discussions, and to the day when our entire industry gets back to work. "

If you haven't been paying attention - and surveys suggest that most people haven't - the writers have been on strike since Nov. 2, sidelining virtually an entire industry and leading to talk that the Feb. 24 Oscars telecast may suffer the same fate as the Golden Globes this past Sunday. The WGA, meanwhile, is clearly torn on how to proceed: On the one hand, people need to pay bills, and this damn thing HAS gone on for over two months, so there's pressure by some writers to get something done sooner than later.

Then, there are hardliners who may be suspecting at this very moment that the DGA - headed by Mr. Oscars himself - has made a clever end-run around them, and by doing so, will place enormous pressure on them to come up with their own pact before Feb. 24 rolls around.

The crux of the writers argument: That they want to ensure a revenue stream from "new media" like the Internet for years to come. It's hugely important for them because many assume - accurately, no doubt - that the "new" media is no longer new, but well established and growing rapidly. They also argue that new media revenue is largely irrelevant to the DGA, which traditionally gets only a small piece of the back-end action anyway. As a result, they don't think the DGA deal should serve as a template for their future deal.

In a Q&A posted on the DGA strike, Gil Cates (effectively) asks himself about this issue, and responds:

"Is it true that Residuals are less important to our members than to the members of other Guilds - as has been claimed in the press?"

Gil: "This has got to be the most ridiculous statement I have seen in the press this year. These self-proclaimed 'experts' have decided that just because a significant portion of our membership is made up of [glorified stage hands] and they have no interest in residuals.

"Well let me tell you exactly how much residuals matter to every single DGA member. Over the last ten years, residuals to our below-the-line members and to the Basic Pension Plan amount to more than 1/2 billion dollars. "

I lay all this out before you in numbing detail for two reasons: 1.) This afternoon's development may well mean that the Oscars will go forward, and 2.) We may - I emphasize may - be seeing the light at the end of this long dark tunnel called "the writers strike."

ABC and the union that oversees many of its editorial and tech employees have finally agreed to a new contract - literally after many many months of negotiating. This comes in the immediate wake of a new deal between the newswriters of CBS and the Writers Guild.

Here's the brief statement from ABC: "ABC and the National Association of Broadcast Employees and Technicians Sector of the Communications Workers of America today ratified a new four-year contract covering about 1,100 staff employees and several thousand daily hire employees represented by the union at the ABC Television Network and four ABC owned stations. The contract is effective January 12, 2008."

The deal covers (among other stations) Ch. 7 here as well as the network.

As usual, Nikki Finke has the hot little story from the front lines of the writers strike this morning. In a phrase: This thing is getting ugggly. And strrrrrange.

Apparently a psychopath - presumably a Fox executive, but no name released - tried to run down the top producer of "Law & Order" yesterday while he was walking the picket-line outside the Fox lot. The writer is Rene Balcer, "Law & Order" showrunner and pretty big star in that firmament; he is an "L&O" original and in charge of the show the one year it won a Best Drama Emmy.

Per my recollection, Balcer (a Canadian) is a mild-mannered dude but feisty too: I remember meeting with him years ago, and he was on a tear, ready to take on the whole Dell Computer Corporation (and Michael Dell, to boot) because his laptop was on the fritz.

In any event: Balcer was not hurt, and after he dusted himself off managed to throw some punches at the be-suited creep. The guy then drove into the lot in his black SUV (image of Ari just flashed in my mind!) with license plate number taken and cops called.

All this is not funny. I repeat. This is NOT FUNNY (imagine - Fox big shots running down writers! What's this world coming to?) But I just can't help myself. Remember that classic scene in "The Sopranos" when Christopher went into the classroom while J.T.Dolan - Tim Daly - was teaching a class of aspiring writers? Chris beat up the poor guy, and Dolan later castigated the class: "A roomful of writers and not ONE of you came to my defense??!!" Point being, most writers - Hemingway and Norman Mailer excepted - are not handy with their fists.

A couple of questions: Who mowed down Rene? Couldn't be Bill O'Reilly - he's too busy wrestling the Obama Slamma. Couldn't be Rupert Murdoch - got his own driver (and wouldn't be caught dead in an SUV anyway; he's a Rolls kind of guy.)

And: Might Balcer write the whole affair into an episode of "Law & Order" when (or if) the strike ever ends? Let's help him: "In tonight's ripped-from-the-headlines 'L&O,' a writer is killed by an irate Fox employee, believed to be a famous talk show host at its news network..."

Why don't I get paid for this stuff?

The Queen: Live or Memorex?

For your first immediate real-time look at how the hugely profitable - and highly viewed - awards industry has been hit by the writers strike, check out tonight's telecast of the People's Choice Awards.

Whether this brand new format - created specifically to avert those deadly picket lines and no-show actors and actresses - will work will depend on whether viewers at home swallow the whole thing. But the folks at PCA have already PRE-TAPED the winner's speeches.

That's right. You heard me correctly. Pre-taped - and pre-taped all of them, dozens of people, who will win an award in one of 39 categories presented tonight. It's clever, very clever, or at least a hell of a lot smarter than what those knuckleheads at the Hollywood Foreign Press Association have gotten themselves stuck with. Credit goes to PCA chief Fred Nelson who figured there'd be a problem back in December (the strike started at the beginning of November) and started taping then.

Let there be no mistake: The PCAs have hardly got the cache of the Golden Globes, but they do mount a good live show. Tonight's PCAs? Taped, for the most part. Irony here is that this one will be directed by superduper live event specialist Bruce Gowers, who did honors on New Years Eve for ABC - and, incidentally, is "American Idol's" longtime maestro.

Ratings are always pretty good too while winners - though they know they're clutching just a PCA statue that they will probably NOT set on the mantle next to the Emmy -are almost always game when they get on stage. ("oh thank YOU!! THANK YOU!!!! YOU LOVE ME! YOU REALLY DO!!")

With a few exceptions - like when Queen Latifah's on-screen presenting an award - tonight won't be live at all, but sort of like a magazine show, similar to "ET" or "Access Hollywood."

Show airs at 9 on CBS.

Guy likes monologues.

Fascinating and utterly silly little tiff between the Writers Guild of America West and Jay Leno, who - as you know - performed a full monologue last night, and (as you may not know) thus broke an obscure rule that said he was not allowed to perform a monologue.

The Guild has just released a statement, finally, and we release it in full right now:

“A discussion took place today between Jay Leno and the Writers Guild to clarify to him that writing for The Tonight Show constitutes a violation of the Guilds’ strike rules.”

OK, let's translate and clarify:

1.) Jay's a WGA member and because he has no deal with the Guild (unlike Dave) isn't allowed to write for his show.

2.) Jay knew this, and millions of others did too because it was widely publicized last week.

3.) Jay went ahead and gave his monologue anyway because he knows the Guild has absolutely no way to enforce this.

4.) Jay will give another monologue tonight, and then tomorrow night and then next Monday, and....so on, ad infinitum, because the monologue is his stock in trade and the biggest weapon he has against Letterman who DID get a deal with the WGA to write a monologue. .

Any questions?

Score a big one - make that a HUUUUGE one - for David Letterman who returns Wednesday from a very long and probably not particularly gratifying vacation: The Writers Guild will allow him to bring his writers with him.

What does this mean? Well, for one, this - he doesn't have to spend 44 minutes each show conducting long interviews. With the new WGA deal in hand, he'll be able to do a monologue (still denied to Leno et al) and a show that should be reasonably smart, clever and good as always.

Here's what Dave (in a statement) had to say about his late year triumph: “I am grateful to the WGA for granting us this agreement. We’re happy to be going back to work, and particularly pleased to be doing it with our writers. This is not a solution to the strike, which unfortunately continues to disrupt the lives of thousands. But I hope it will be seen as a step in the right direction.”

And Dave right-hand man, Rob Burnett, prez of WWPants: “This is a positive result, both for the WGA and for our shows, and we are appreciative that the leaders of the Guild dealt with us reasonably and in good faith.”

Here, meanwhile, is the just-released statement from the WGA:

“The Writers Guild has reached a binding independent agreement today with Worldwide Pants that will allow Late Show with David Letterman and The Late Late Show with Craig Ferguson to return to the air with their full writing staffs. This is a comprehensive agreement that addresses the issues important to writers, particularly New Media. Worldwide Pants has accepted the very same proposals that the Guild was prepared to present to the media conglomerates when they walked out of negotiations on December 7.

"Today’s agreement dramatically illustrates that the Writers Guild wants to put people back to work, and that when a company comes to the table prepared to negotiate seriously a fair and reasonable deal can be reached quickly.

"It’s time for NBC-Universal to step up to the plate and negotiate a company-wide deal that will put Jay Leno, who has supported our cause from the beginning, back on the air with his writers.”

Yes, all of this is just swell, but what exactly WERE the terms? And will this deal embrace other productions of WWP, like sitcoms? After all, one imagines that Internet residuals from late night replay probably won't add up to much. (But then, who knows? Maybe they will in the future, when everyone watches their "Late Show" the following day.)

Anyway, Dave's a happy guy, and once we get answers to the above questions, will relay them to you.

(Oh, goodie...I JUST got an answer to one of the questions. That would be: Just how long will this deal last and will it serve as a template for everyone else, or something to that effect? The WGA responds thusly: "This is an interim agreement, but it does have a favored nations provision so it would become whatever the broader deal is when we reach that agreement with the MBA [minimum basic agreement.] But, the agreement with Worldwide Pants should be considered the template for the deal we're looking to reach with other companies. And, it shows that our proposals are reasonable - that a company like Letterman's sees the logic and fairness of it. Hopefully, other companies will as well- and eventually so will the AMPTP.")

Wouldn't it be wonderful if Dave - our hero - helped end the Writers strike? Just a wistful and perhaps foolish end-of-year wish....

America's anchors are back.

From the Dept. of No Surprise, now this: Jon Stewart and Stephen Colbert, along with respective Comedy Central shows, will return to the air with original episodes on January 7. That pretty much makes the entire late night landscape back in business early next year.

In a statement, here's what Colbert/Stewart had to say, "if we cannot, we would like to express our ambivalence, but without our writers we are unable to express something as nuanced as ambivalence." Funny line, but a little glib too, considering that they are coming back solo (in all likelihood), and leaving their striking colleagues down on the sidewalk below.

And CC: "We continue to hold out hope for a swift resolution to the current stalemate that will enable the shows to be complete again."

Of course, everyone continues to hold out hope for something that looks increasingly hopeless. Stewart/Colbert - like the other late night hosts - will be left naked (so to speak) before the camera. No one can technically "write" - meaning no monologues for Dave/Jay - but Stewart has an even more daunting challenge: Prepping for a writerless/jokeless/maybe actor-less Oscar night.

Why "no surprise?" Simply because everyone else returned, and it was a matter of minutes before these two came back as well.

Courtesy: Anne Cusack, LA Times

It's almost hilariously apparent that the Big Bad Studios could care less about public opinion during the on-going writers strike, so badly have they mangled their public relations campaign.

But now comes word that their anti-efforts - let's call them - are actually yielding results. According to a remarkable USA Today/Gallup poll released today, no fewer than sixty percent of Americans "say they favor the writers in the dispute," according to a Gary Levin story in today's editions. It goes on: Fourteen percent favor the studios.

What's really amazing about the survey - conducted last weekend among 1,011 adults - is that 14 percent figure. Now I ask you - who out there is in favor of the Big Bad Studios? If you are, please write in and explain yourself. What could possibly be a factor in their defense? They have dissembled repeatedly - see deadlinehollywood.com, for proof. They have fired hundreds of employees. They are stiffing thousands of writers out of Internet residuals (because they know everyone will be watching TV, or at least repeats of shows, via the Web by the middle of the next century, if not much sooner...) They are about to foist an ungodly amount of "unscripted" fare on the American public. Finally, they have shortened - maybe even eliminated - "24's" run next season, while cutting back "Lost;" meanwhile, everything from "Daily Show" to "Late Show" remain in a deep freeze. For all of this and much more, that special corner in Showbiz hell is awaiting them.

Here's a final interesting stat: Thirty-eight percent of respondents said they'd watch less TV because of the strike.

What a surprise.

The lights return to Broadway

As pretty much expected after Leno/O'Brien/Kimmel announced a return early next year, Dave has now formally committed as well.

The show - with or without writers - will be back January 2, which means quite literally, a whole new late night after exactly two months of repeats.

We await a formal statement, but Variety did carry a statement from Worldwide Pants president Rob Burnett this morning. What's interesting is that there is still no agreement between Dave's production company and the WGA - interesting because those guys had apparently made big strides towards agreeing to a waiver that'd let the show return with writers, unlike Leno/Conan who'll be flying (and maybe crashing) solo when they return.

"We are willing to agree to the writers' demands that are within our control, so we have no reason to believe that an interim agreement can't be achieved with the WGA," said Burnett in the Variety statement. "As a result, our only focus is on returning Jan. 2 with writers."

And for "Late Late Show with Craig Ferguson" fans, the news is the same: Back Jan. 2, with or without the writing crew.

One more late night guy is about to cross the picket...err, go back to work: Jimmy Kimmel and ABC announced a few minutes ago that "Jimmy Kimmel Live" will return Jan. 2, along with the two NBC late nighters that announced yesterday.

It now appears that the template is set: Plead pity for the financial well-being of those who depend upon you and then go back to work. Here's Jimmy's statement:

“Though it makes me sick to do so without my writers, there are more than a hundred people whose financial well-being depends on our show. It is time to go back to work. I support my colleagues and friends in the WGA completely and hope this ends both fairly and soon."

In fairness, it has got to have been a tough decision for everyone involved, especially hosts. The only exception: the Big Bad Studios who are sitting back, refusing to negotiate, torturing once valued employees, and apparently enjoying the view of the wreckage they have created.

Courtesy: New York Mag

The boys are back...

In the biggest development in the writers' strike in nearly two months, both "Tonight Show" and "Late Night with Conan O'Brien" are set to break ranks and return to the airwaves January 2.

In a lengthy statement released a few minutes ago, Conan had this to say:

"For the past seven weeks of the writers' strike, I have been and continue to be an ardent supporter of the WGA and their cause. My career in television started as a WGA member and my subsequent career as a performer has only been possible because of the creativity and integrity of my writing staff. Since the strike began, I have stayed off the air in support of the striking writers while, at the same time, doing everything I could to take care of the 80 on-writing staff members on Late Night.

"Unfortunately, now with the New Year upon us, I am left with a difficult decision. Either go back to work and keep my staff employed or stay dark and allow 80 people, many of whom have worked for me for fourteen years, to lose their jobs. If my show were entirely scripted I would have no choice. But the truth is that shows like mine are hybrids, with both written and non-written content. An unwritten version of 'Late Night,' though not desirable, is possible – and no one has to be fired.

So, it is only after a great deal of thought that I have decided to go back on the air on January 2nd. I will make clear, on the program, my support for the writers and I'll do the best version of Late Night I can under the circumstances. Of course, my show will not be as good. In fact, in moments it may very well be terrible. My sincerest hope is that all of my writers are back soon, working under a contract that provides them everything they deserve."

And...here's Jay's statement, seconds old:

"This has been a very difficult six weeks for everybody affected by the writers strike. I was, like most people, hoping for a quick resolution when this began. I remained positive during the talks and while they were still at the table discussing a solution The Tonight Show remained dark in support of our writing staff. Now that the talks have broken down and there are no further
negotiations scheduled I feel it's my responsibility to get my 100 non-writing staff, which were laid off, back to work. We fully support our writers and I think they understand my decision."

In announcing the return of both programs, Rick Ludwin - NBC's top exec in charge of late night - said: "During the 1988 writers strike, Johnny Carson reluctantly returned to 'The Tonight Show' without his writers after two months. Both Jay and Conan have supported their writers during the first two months of this WGA strike and will continue to support them. However, there are hundreds of people who will be able to return to work as a result of Jay's and Conan's decision."

The move to get Jay/Conan back on the air slightly trumps Dave (see below) who publicly entered into negotiations with the Writers Guild of America to seek a waiver that would allow him to return shortly too. (Expect a Letterman announcement for a Jan. 2 return any second now.) To break the impasse with the producers (AMPTP), the Guild said it would allow individual writer/producers to enter into negotiations with their carriage network, or production studio. As owner of Worldwide Pants, Letterman clearly was in the most obvious position to move forward; because "Tonight" and "Late Night" are NBC properties, it's unlikely either Conan/Jay could seek a such a waiver. Indeed, O'Brien's statement suggests his hand was simply forced by NBC, and the network - in fact - has been playing hardball with both, by threatening to fire staffers and by publicly musing about the possibility of guest hosts at the helm of both shows. Meanwhile, both Jay and Conan were digging into their own pockets to pay their staffers through the end of the year.

Dave's "waiver" will allow him to return to the air with a writing staff; Jay/Conan will likely be flying solo.

The move's certainly good for fans - living with repeats since November 5 - and good for politicians and movie producers too, all of whom depend on the late night guys. But for the Writers Guild? That's hard to gauge. The late night talkers aren't necessarily tied to the key issue that thousands of striking writers are - residuals from the Internet. Moreover, with the late night shows back on the air, the producers can argue that the united front of the writers has now been shattered. It'd be hard to argue with that point.

Clever Dave. Or...Too Clever?

And today, a very interesting development in the writers' strike.

The Big Bad Studios have been trying to fracture the unity of the writers, but the writers - who aren't dummies, after all - are now apparently trying the same tactic.

This time, they're trying to fracture the Big Bad Studios.

And who's leading the charge?

Dave!

In a - let's call it "unusual" - side-step, Worldwide Pants and "Late Show with David Letterman" have apparently won a surprising "interim agreement" with the Writers Guild to negotiate separately with CBS. This is an open door for Letterman to talk, mano a mano, with CBS chief Leslie Moonves and get "Late Show" back on the air, probably by early January. (Reports yesterday suggested Jan. 7). Of course, it's also cleverly designed to make it appear that Dave and his writers aren't scabs. They - and the WGA - just can't get any traction with the AMPTP (the negotiating arm of the Big Bad Studios). So they may as well go it alone! As I said, sneaky! Maybe smart too. If I was Jay and NBC, I'd be thinking - WHY AREN'T WE THIS DEVIOUS!?

Why is so interesting? Because it potentially allows other writers to talk individually with their "partner" studios and networks. (The Big Bad Studios are either very nervous at this minute or are trying to figure out how to do an end-run around this unexpected move.)

Needless to say, the WGA is trying to sugar-coat the move by Dave. After all, he doesn't have to worry that much about the number one issue for writers who work for scripted shows - namely residuals from the Internet, which will one day make quaint old technologies like "videos" and "DVDs" seem like horse n' buggies.

Meanwhile, the WGA said that Letterman's company wasn't the only one that could cut "a deal separately" with the Writers' Guild; a spokeswoman added, "there will be no deals that don't include the Internet; the new media IS our deal [and] if somebody [any of the members of the negotiating arm of the studios] wants to step up to the plate and take our deal, we're ready."

Here's the WGA statement (signed by some heavyweight writers - we'll spare you the list):

"As you know, the AMPTP is currently unwilling to bargain with us. The internal dynamics of the AMPTP make it difficult for the conglomerates to reach consensus and negotiate with us on a give and take basis. We believe this multi-employer structure inhibits individual companies from pursuing their self-interest in negotiations. We nonetheless continue to hope that the AMPTP will return in good faith to negotiate a fair contract with writers, as two television seasons and numerous feature projects are currently at great risk.

We want to do everything in our power to move negotiations forward and end this devastating strike. We have therefore decided to reach out to major AMPTP companies and begin to negotiate with them individually."

Now, the statement from Rob Burnett. He's the prez of Worldwide Pants:

“Worldwide Pants has always been a writer-friendly company. Dave has been a member of the WGA for more than 30 years, and I have been a member for more than 20. Because we are an independent production company, we are able to pursue an interim agreement with the Guild without involving CBS in that pursuit. Therefore, since the beginning of the strike, we have expressed our willingness to sign an interim agreement with the Guild consistent with its positions in this dispute. We're happy that the Guild has now adopted an approach that might make this possible. It is our strong desire to be back on the air with our writers and we hope that will happen as soon as possible.”

And finally, CBS - which, you'll note, doesn't seem too unhappy about this development:

"We respect the intent of Worldwide Pants to serve the interests of its independent production company and its employees by seeking this interim agreement with the WGA. However, this development should not confuse the fact that CBS remains unified with the AMPTP, and committed to working with the member companies to reach a fair and reasonable agreement with the WGA that positions everyone in our industry for success in a rapidly changing marketplace."