Do to the exemption in the law - read the "white paper" on Locast.org web site. I believe they have done their homework and stand a good chance of winning.
Big Four Networks Sue Locast
- Thread starter osu1991
- Start date
- Latest activity Latest activity:
- Replies 95
- Views 10K
I think the fact that they are collecting extorted "donations" from people in order to watch, puts that into question.
So we will see.
I am guessing the networks know this IS legal, however will keep pressing this so the legal costs are so high for Locast that they will cease operation as they won't be able to afford it.
I wonder if the law firm that wrote the unsolicited white paper will be willing to step up pro bono. I believe soliciting donations for a legal defense fund would also be legal as a non-profit...
Yes, you do. If you don't it's unwatchable because they keep dunning you with a popup to donate.
Yes by all means, please donate if you want to support a bunch of overpriced corporate lawyers. But if you are donating with the expectation of being able to enjoy this service next month, or even next week, you might want to reconsider. Lawsuits have a way of bringing down these kinds of services sooner than later.
AT&T has donated money to Locast. If the cable/satellite providers are really behind companies like Locast, they need to put their strong arm on the networks. If the networks don't back off, then cable & satellite refuse to carry locals. But that is not likely to happen. When does any of these completing companies every join in? , except for a rare situation, will probably be dead and the networks have deep pockets.
Add to that the networks have lost a lot of viewers through the years and they too are feeling the pinch.
Re-transmission without consent is a big part of this question and that's independent of whether money is changing hands or not. I believe the only card Locast has to play is that the broadcasters waited this long to say anything.
I expect that the NAB lobby have more impact on where this goes than the courts.
AT&T is doing all sorts of mysterious things of late but I'd imagine that this is a self-serving decision to allow them to off LIL service as opposed to throwing their support behind a free alternative to paying for TV.
Re transmission without consent IS allowed within the law for non-profits. This is for all of the "translators" that have been doing this for years and years. So it was put into the law on purpose.
The Sports Fans Coalition is a 501(c)(4) "advocacy organization". I would guess that they would need to demonstrate how re-transmitting TV content constitutes advocacy. Advocacy is typically about education and trying to change the rules.
I suspect that they have a tough road ahead.
I suspect that they have a tough road ahead.
All that needs to happen is for the cable & satellite industry is to get behind Locast. The Networks will back off. As a group there is power in numbers. Does the satellite/cable industry want to continue to be held up with much high rates? At $12-$15 a month for locals, what will is be in 5 or 10 years, $50 a month? The satellite/cable industry as a whole can really put pressure on the Networks. After all if the cable/satellite services do not carry the networks, they would not be around very long. How many watch them free OTA, 15-20% with antennas. AT&T already has given money to Locast. I think it is time for the rest to pony up and support Locast. It is a matter of time at the way the Networks rates are going up to cable/satellite, they will no longer be viable to carry. The Networks are really shooting themselves in the foot. As far as the network shows people like, many are available elsewhere on Hulu, Netflix, etc.
This is all the evidence the Networks needs to win. When I stopped my monthly "donation", my subscription was terminated. That makes it a required payment, not a donation.
Sent from my SM-G965U1 using Tapatalk
Sent from my SM-G965U1 using Tapatalk
Last edited:
I see nothing in 17 USC 111 that specifies what purpose a non-profit must be chartered for to take advantage of the retransmission exemption. The federal government has determined SFCNY is a non-profit and 17 USC 111 says non-profits are exempt. I think it will be difficult for the nets to prove one or both are wrong. Corporations legally donate millions of dollars to non-profits every year, and those donations nearly always benefit the corporation in some way, even if it's just a tax deduction...
The dispensaries throughout the country take mandatory set donations to sell an illegal substance. Unfortunately, under the current way of things, that is legal.
Was your service terminated? I didn't think so...
Dish is on Locast's side and wants them to win in court. Locast, and all non-profits, is also allowed to charge reasonable fees to recover their operating costs. That aside, the fact that a subscribed donation commitment has expired does not negate the non-profit factor. Many non-profits solicit month to month commitments, as in the "Just $10 a month will feed... " ads we see by non-profits on TV regularly for example.
This was the way of the Speakeasy's in the 1920's
Sent from my SM-G965U1 using Tapatalk
I edited the post to remove Dish and replace with Networks.
For the record I like Locast and want them to win. I no longer use the service but still have the app installed.
What had been happening, pre-donation was either 1) a message consisting of text was displayed on the program I was watching, or 2) I was booted off to the guide every 15 minutes.
I have not tried to see if either of the cases have returned.
Sent from my SM-G965U1 using Tapatalk
