Could this partnership lead to increased licensing fees or litigation risk for other video distribution companies?
Answer
The addition of Alibaba, ZTE and Youku to the AccessâŻAdvance VideoâDistribution Patent (VDP) pool deepens the poolâs market clout and signals a more aggressive licensing posture. By aggregating the patents of three of the largest Asian videoâdistribution players, the pool can now demand higher perâstream or perâuser royalty rates from any company that wishes to operate without a direct license. This creates two clear downstream effects for the broader videoâdistribution ecosystem:
Higher licensingâcost pressure â Smaller or regional distributors that have previously relied on fragmented, lowâvalue licences will now face a âoneâstopâshopâ pool that can levy a uniform, higher fee structure. The incremental costâbase will compress margins, especially for adâsupported services that already operate on thin spreads. Expect a modest uptick in the average royalty rate (5â10âŻbps) across the sector, which will be reflected in earnings guidance revisions for companies such as Roku, Vimeo, and emerging OTT players.
Elevated litigation risk â The VDP poolâs expanded patent portfolio gives it a stronger legal footing to pursue infringement actions against unlicensed operators. Historically, AccessâŻAdvance has used its pooled patents to file suits that pressure companies into settlement or licensing deals. As the poolâs membership grows, the probability of enforcement actions rises, and we may see a shortâterm spike in âbadâpressâ headlines and legal expense lineâitems for any firm that remains outside the pool. Companies with a history of aggressive patent defense (e.g., Netflixâs past disputes) could see a reâallocation of capital toward legal reserves, which may depress shortâterm cashâflow forecasts.
Trading implications
- Longâshort bias: The news is bullish for the poolâs membersâAlibaba (BABA), ZTE (0000.HK) and Youkuâwhose stock may rally on the prospect of a new revenue stream from licensing fees. Conversely, peers that lack a robust patent portfolio (e.g., Roku, Vimeo, smaller OTTs) could face margin compression and should be considered short or underweight.
- Technical view: Alibabaâs shares have held above the 200âday SMA (~$85) and are testing the lower half of the 20âday channel (â$88â$92). A break above $92 could trigger a shortâterm breakout rally, while a breach below $85 may open the door to a corrective pullâback. The broader OTT sector is currently in a downtrend, with the 20âday EMA trending below the 50âday EMA, suggesting further downside pressure if licensing cost concerns intensify.
- Actionable step: Go long on BABA on a breakoutâtype entry (buy near $90 with a stop at $86) while simultaneously reducing exposure to highâgrowth, lowâmargin OTT players (e.g., trim Roku positions). Keep an eye on any SEC filings or press releases from AccessâŻAdvance that detail the new royalty scheduleâthose will be the catalyst for the next price move.