Think about it... Is Locast really any different than other non-profits that provide some sort of premium or expedited service to sustaining contributors that non-contributors don't have access to?
Big Four Networks Sue Locast
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Think about it... Is Locast really any different than other non-profits that provide some sort of premium or expedited service to sustaining contributors that non-contributors don't have access to?
I don't know any other non profits. Can you list a few?
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All PBS TV stations
Animal rescue organizations
Feed the children organizations
The above mentioned non-commercial zoos
And many others. You must have seen some of those ads on TV with the sad children/dogs/etc that can be helped with a monthly donation.
Museums, county health clinics, colleges and universities, national parks, DMVs, etc.are all nonprofits that charge fees for services or access. Even churches charge for some things, like performing a wedding or funeral. Charging for something has nothing to do with nonprofit status.
The problem with Locast is that they are taking copyrighted intellectual property that's made freely available OTA, packaging it, and "reselling" it. It would be like if my nonprofit organization, a 501c6 professional writers and editors guild, checked out new NYT best-selling books from the library, photocopied them, and distributed them at our events for a "donation." Now whether there's some loophole law that allows Locast to do that legally is something the courts will need to decide.
The problem with Locast is that they are taking copyrighted intellectual property that's made freely available OTA, packaging it, and "reselling" it. It would be like if my nonprofit organization, a 501c6 professional writers and editors guild, checked out new NYT best-selling books from the library, photocopied them, and distributed them at our events for a "donation." Now whether there's some loophole law that allows Locast to do that legally is something the courts will need to decide.
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So that is how it works. I wonder if a private company puts up translators to bring a station into a city, is that allowed? I know of a couple town in Oregon that have translators that bring in Portland stations, but the translators are not owned by the stations. Here our 5 translators are all owned by the Portland stations.
Translators operated by private companies usually have the permission of the TV station they retransmit, and are typically paid by the TV stations to retransmit those signals. Other translators are operated as a community service by non-profit groups such as HAM clubs that can house the equipment along with their own repeaters at a relatively low additional cost.
Glad you agree that cable/satellite services need the locals in order to pick up/keep subscribers.
Regarding the percentage of people using antenna... that's because most don't have to. Look to the time before cable/satellite. Broadcast TV was around and didn't rely on MVPDs to provide their signal. Many people are rediscovering OTA when they decide to "cut to cord".
The repacks are slowly reducing the number of channels you can get OTA...soon one frequency shared by just the major networks
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Glad you agree that cable/satellite services need the locals in order to pick up/keep subscribers.
Regarding the percentage of people using antenna... that's because most don't have to. Look to the time before cable/satellite. Broadcast TV was around and didn't rely on MVPDs to provide their signal. Many people are rediscovering OTA when they decide to "cut to cord".
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That's because the gov't is trying to sell the bandwidth to wireless providers. If/when ATSC 3 happens, you might actually see that.
I never tried to use it because you had to login with a username and password to use the "free" service. If it's a free service allowing you to watch something for free, I shouldn't have to give any information to use it. Besides that, I've got enough usernames and passwords to keep up with these days. Since Locast is being targeted, do you think iGoCast won't be far away from being targeted? I'm sure they don't have permission of Antenna TV and others to stream their content freely online.
Atsc 3.0 is just a smokescreen to take away free OTA
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I am sticking to my post. If Locast was completely and totally re sending OTA signals and only available in market they may have a case. They are not. They may be taking steps to be sure only in market is getting it but we don't know that is happening in every case and we don't know if the networks have proof it isn't.
But more, they are not simply sending what they get, they are inserting at the least pleas for money with what looks like interruptions. Remember back with DISH the autohop argument? That by making changes of any kind from DISH itself (Not a DVR skip that has been approved in Court already) they were modifying content? DISH ended up making agreements with the networks in how it would be used. That may have been a negotiation move, had DISH won in court it would have been because the Court said there was no modification, if they lost it would be because they were. If Locast sent out emails or mailings for donations but did not alter in anyway what you see from them from what you would see OTA there would be less of a case.
I'm also guessing with At&t giving funding and whatever DISH has the networks will argue they are only non profit in name but backed by companies who have a keen interest in getting signals sent out for free to undermine negotiations with them. I don't see where that is prohibited but who knows what a Judge would say.
But more, they are not simply sending what they get, they are inserting at the least pleas for money with what looks like interruptions. Remember back with DISH the autohop argument? That by making changes of any kind from DISH itself (Not a DVR skip that has been approved in Court already) they were modifying content? DISH ended up making agreements with the networks in how it would be used. That may have been a negotiation move, had DISH won in court it would have been because the Court said there was no modification, if they lost it would be because they were. If Locast sent out emails or mailings for donations but did not alter in anyway what you see from them from what you would see OTA there would be less of a case.
I'm also guessing with At&t giving funding and whatever DISH has the networks will argue they are only non profit in name but backed by companies who have a keen interest in getting signals sent out for free to undermine negotiations with them. I don't see where that is prohibited but who knows what a Judge would say.
There's nothing illegal about contributors benefiting from their donations to non-profits. Pharmaceutical companies regularly donating to various illness based charities expecting it will increase the sale of their products is just one example. The networks are going to have a hard time proving that Locast exists to benefit the sat and cable providers in negotiating retrans agreements unless they can come up with a paper trail to back that up. That Locast happens to benefit the sat and cable providers along with ordinary viewers is not going to cut it. They'll also have a tough time proving any other benefit to the sat and cable providers, especially in Dish's case where the company takes a subscription price hit when the sat locals are dropped in favor of using Locast. It wouldn't surprise me at all to see the sat and cable companies either directly or indirectly contribute heavily to a Locast defense fund.
If I give $100 to Charity, and in return I get tickets worth $60, I’d better not claim more than $40 for a tax deduction.
BTW, I was shifted to the standard deduction this year, as it was more advantageous than my usual itemized. That happen to anyone else?
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BTW, I was shifted to the standard deduction this year, as it was more advantageous than my usual itemized. That happen to anyone else?
Sent from my iPhone using SatelliteGuys App. For now.
