Court Orders Dish to Drop ALL Distant Networks

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I'm still in a semi-state of shock over this and looking for what's "really" going on. This is not a coincidence that this came out now - mere hours before the season finalies of Lost & American Idle and on the heels of the latest Tivo rulings.

Lot of questions to be answered.

What about those of us that were "forced" to give up analog LiLs to keep our distants?

How soon before Dish has to comply?

Why doesn't "D" have to give theirs up?

sh*t! I better go back and read that again - I must be jumping to conclusions because this can't be right.
 
I just sent an email to my local Congressional representative. The next stop for me is the FCC. I beg the rest of you to do the same. In a year in which both sides are desperate to keep/get control of Congress, they may be more responsive than they have been in the past......
 
BobMurdoch said:
I just sent an email to my local Congressional representative. The next stop for me is the FCC. I beg the rest of you to do the same. In a year in which both sides are desperate to keep/get control of Congress, they may be more responsive than they have been in the past......
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Good point. On the other hand, when campaign ads really kick in soon, air time will become worth more than gold and oil put together. Do you suppose that might give the NAB a little influence?:devil:
 
waltinvt said:
I'm still in a semi-state of shock over this and looking for what's "really" going on. This is not a coincidence that this came out now - mere hours before the season finalies of Lost & American Idle and on the heels of the latest Tivo rulings.Lot of questions to be answered.

What about those of us that were "forced" to give up analog LiLs to keep our distants?

How soon before Dish has to comply?

Why doesn't "D" have to give theirs up?

sh*t! I better go back and read that again - I must be jumping to conclusions because this can't be right.
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because fox is one of the plaintiffs!!!;)
 
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waltinvt said:
I'm still in a semi-state of shock over this and looking for what's "really" going on. This is not a coincidence that this came out now - mere hours before the season finalies of Lost & American Idle and on the heels of the latest Tivo rulings.
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Nope. Completely separate issue.

This has been sitting in front of the Appeals court for well over a year. The Court had to address each of the appeals in Echostar's complaint, and found them woefully weak.
waltinvt said:
What about those of us that were "forced" to give up analog LiLs to keep our distants?
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If your distant networks go away, time to go back to the LiLs. It was part of the law, just as the part about a permanent injunction is part of the law for willful neglect of the terms.
waltinvt said:
How soon before Dish has to comply?
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As soon as the injunction is granted by the Circuit Court, unless another court steps in to stay the injunction. It will be hard to stay this injunction, as there was a "stayed injunction" from the end of the last court case before this went to the Appeals Court.
waltinvt said:
Why doesn't "D" have to give theirs up?
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Because DirecTV was not found to have a pattern of willful abuse. Their court case was wrapped up in February, 1999. Because Dish Network appealed and appealed and dragged out this action, the courts and the plaintiffs were able to figure out how badly Dish Network flouted the law.
 
Here is what I sent to the FCC. Something somewhat similar was sent to my congressman, but the copy function didn't work as I thought it would (it let me copy, but the paste button was greyed out when I tried to post a copy here)..

The time to do this is now, or we will be facing distant nets going away soon.....

I was outraged to read the following article today….

http://www.multichannel.com/article/CA6337495.html?display=Breaking+News

After investing thousands of dollars to move towards the new digital TV standard, including signing a two year commitment to Echostar (dba Dish Network) to get one of their HD PVR receivers, I read today that 11th Court of Appeals has, in their “infinite wisdom”, decided to play the role of activist judge and supersede the SHVA legislation. I legally obtained waivers to receive distant network programming. According to antennaweb.org, I am located 50+ miles from the New York and Philadelphia transmitters and can only receive broadcast networks via cable or satellite. Cable (Cablevision in my town) currently offers both Philadelphia and New York affiliates, while both satellite providers are prohibiting from doing the same. I protested when the “significantly viewed” provisions were added to the recent law, and my area was excluded from those markets that could receive both areas due to proximity to two markets being nearby. First, why was satellite excluded from this clause when cable is allowed to cater to those that want to watch Giants AND Eagles football games on their local FOX affiliates.

When WABC, the New York City ABC affiliate was constantly interrupting a Monday Night Football game a few months back to give updates about a transit workers strike that held NO interest to those of us in southern NJ, I was able to switch to my legally obtained KABC affiliate to watch the game undisturbed. Thanks to this ruling, they are going to try and punish ME for supposed violations made by Echostar. In a world where I can buy an LA Times at Barnes and Noble, why can’t I switch to another channel that I legally obtain and pay for, when they decide to engage in behavior that makes me want to switch the channel. When Fox was running football in the fall, my PVR timer wouldn’t fire at the correct time because the shows started after football was complete. By setting my timers for the LA affiliate I avoided the problem and watched the shows I wanted to in their entirety.

The National Association of Broadcasters have decided that they would rather try and avoid having to deal with this freedom of choice and continue to engage in anticompetitive behavior using the courts to try and reacquire the level of monopoly power they once had before Congress was wise enough to implement the distant networks rules to find a “happy medium” between programmers and consumers. In this case, the NAB is abusing the “gift” of bandwidth that the government has leased to them for $0. As cable companies currently don’t even have to pay for the channels, while satellite companies (via their customers) do, it is an even more egregious offense.

I beseech you to use whatever power you may have in this matter to stop this injunction from taking effect.
 
Curtis0620 said:
If Dishnetwork didn't abuse the law, this wouldn't be happening. They should let you out of your contract so you can get these networks elsewhere.
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you cant get them elsewhere
 
Curtis0620 said:
They should let you out of your contract so you can get these networks elsewhere.
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In regards to DNS - we can't. Thanks to the F*cking NAB, Grandfathered DNS eligibility isn't portable. :mad:


NightRyder
 
Curtis0620 said:
Then you shoud be upset at Dishnetwork.
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Why? Dish isn't the one using the Federal Government and court system to maintain an antiquated monopoly. Dish is right, if I can choose to subscribe to a NY newspaper instead of a local one then I should be able to watch a NY network station. The NAB has corrupted the system and until congress has the balls to stand up to them the consumer will get shafted.


NightRyder
 
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No he should be upset with the F'ing NAB who takes something free, given to them by the government, and tries to exert Monopoly power to keep you from watching another market, who ALSO got their bandwidth for free.

Or maybe blame the judge who decides to override the intent of the law which was to make the channels available to those subscribers who need or want them. If I can't jam a set of rabbit ears into the back of my TV and get reception, then they should have NO veto power over my viewing habits (I don't even want to concede THAT point, but it is just even worse in the sticks).

I live in the Monmouth/Ocean County, NJ area. There are over a million people in this area and we are still barely addressed by the New York/Philly newscasts. At the very least they should be setting up repeaters down here.

Now there is an idea.... If you want to claim an area as your exclusive domain, then you must be able to generate a signal that can be received by the smallest INDOOR antenna, or you lose any claim to the area.

I guess I shouldn't hold my breath waiting for THAT to happen anytime soon.
 
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The FCC has no sympathy for Dish, in fact it, based on my conversations with FCC attorneys it appears likely that the FCC dislikes Dish intently. Probably enough that it wouldn't break their heart if every one of Dish's angry subs left before the FCC could get around to taking any action.

That's not to say that Dish doesn't have a lot of this coming. They don't treat the FCC any different than they do their customers - they're constantly pushing the envelope. It may be catching up with them.

Let's hope they can (and more importantly - WILL) do something with HD DNS instead. Maybe this is why Chuck said something about "June".
 
Bob Murdoch said:
I read today that 11th Court of Appeals has, in their “infinite wisdom”, decided to play the role of activist judge and supersede the SHVA legislation.
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Uh, just to play the role of devil's advocate...

The SHVIA has language to force a nationwide injunction if a pattern of willful abuse occurs with the copyright license. According to the judgement, the courts found that more than 20 percent of subscribers of a Dish Network-provided distant network were not legally entitled to those distant networks. That left the court to decide that the pattern of willful neglect was there.

So, Dish Network can take the blame for this. They didn't want to play by the rules, and now everyone can suffer.
 
NightRyder said:
Dish is right, if I can choose to subscribe to a NY newspaper instead of a local one then I should be able to watch a NY network station.
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Funny, the New York Times agrees to sell their product nationwide but the New York network stations cannot. There is no agreement between Dish Network and any of the networks to provide distant network programming.

Until WABC, WNBC, WCBS and WNYW agree to sell their programming nationwide via Dish Network or DirecTV, copyright law trumps all!
 

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