I think the deal is if you pay for Cinemax, HBO, Showtime, or Starz, the programmers include the HD version as part of their contract with E* w/o subs having to subscribe to the E* HD pak. Perhaps the Cinemax contract isnt the same as the HBO or Showtime contract, and E* had to pay extra to Cinemax to broadcast it (but I doubt it, since Cinemax is part of HBO).
If the programmer isn't charging additional for E* to provide the HD version, I think that E* ought to broadcast it. As far as Cinemax is concerned, it appears that we might have it soon...on channel 9458...
That being said, I guess E* doesnt HAVE to provide anything other than what their contract with the programmer stipulates. For example, E* provides 5 of the SD Cinemax multichannels, where D* provide 3, and I think Time Warner (Austin) provides at least 8.
As a subscriber of Cinemax and Showtime, I obviously want CinemaxHD and TMCHD. I was getting CinemaxHD (but not TMCHD, if i recall correctly) with Time Warner w/o subscribing to their highly limited HD pak.
I don't agree that E* should have to provide every HD channel they offer as part of the HD pak - that it is fine to only get the HBOHD channel if you subscribe to HBO, but I do think that if the programmer offers an HD channel as part of their contract with E*, that E* should make it available to their subscribers.