micklewhite said:
The 11th Circuit Court of Appeals found that Echostar had engaged in a "pattern and practice" of violating U.S. copyright law on a "substantially nationwide scale" and thus is subject to a mandatory, permanent injunction against providing DNS signals to any customer. The case number is 03-13671, if you want to read the grisly details.
ArtWIS said:
Your absolutely right! The courts have given Charlie 8 years to comply with the law and he has disregarded there orders. Now a federal court has confirmed this and given him (E*) the most severe penalty of no more distant networks period! Of course this is being sent up to the complete federal district court for review but that looks like it will be no more than a formality in upholding the current ruling. Charlie didn't follow the courts order for 8 years and now we all get to pay for it with no DNS. THANKS ALOT CHARLIE!
Instead of going and read Case # 03-13671, but reading through the 9 pages of non-court opinions, it appears that....
Dish/E* provided DNS to those who should not have had it. Although it did not bother some broadcasters, for one reason or another, there were some that would not compromise and wanted Dish/E* to stop. The court gave Dish time to correct, but after many years has not corrected it, because they believe everyone should be able to get DNS. And now the court has spoken resulting in DNS being turned off for everyone. ????
If the above is (fairly) accurate then:
(1) We all are not (yet) paying for it, just those that deserve DNS and won't get it.
(2) But guess other fees will go up to keep the profit margins the same; then we will all pay for it, but not get it.
(3) However, I don't think the most severe penalty was issued, could have possibly been a suspension of communication licenses.
I wish DNS was available to anyone who wanted it.
However, there's a lot of balancing the FCC does in granting television station licenses, to ensure they are beneficial to the public as a whole. I suspect it's possible for TV stations in small DMA to lose a lot of advertising revenue if the few local residents quit watching the local stations to watch a DNS.
Although majority (and money) often rules, we do have the federal government trying to balance for the good of all, and the courts should ensure it is constitutional and enforce laws, rules and regulations.
Another opinion.