Agreed. It doesn't look good. Dish has been having a run of bad luck lately in the courts. It would be nice to see the good guys win once in a while.
Judge Lets Broadcasters' Claims Against Dish Network Proceed in California
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Agreed. It doesn't look good. Dish has been having a run of bad luck lately in the courts. It would be nice to see the good guys win once in a while.
They told me I should be a lawyer. The aptitude tests all said "lawyer" a few steps above everything else. They TOLD me. But did I listen? ........... <sigh>
Can't wait to read that opinion. I'm sure it'll go something like... well, because I'm a judge and I can do what I want.
Thank you!!
In reading that over to me it looks like a 50 / 50 Split and New York will hear the AutoHop portion and rule if it is legal or not.
The networks get a win for their portion of the lawsuit to go forward in California which claims that the Hopper is in violation of copyrights for having the Prime Time Anytime feature which they claim is an illegal video on demand service.
I would expect the New York ruling to come quick, but expect the California portion to be long and drawn out..
Going to be interesting to watch. I may have to go up to New York and sit in the court room for one of the days.
They will to some degree.
We could have the situation where we have at least partially contradictory rulings. That would pretty much assure an appeals process, drawing things out even longer. Means more press for Dish. I'm still of the opinion win or lose in court, the publicity will be good for Dish.
The next fight will probably be for a temporary injuction against PTAT and/or AutoHop. I don't know, but I would think the courts might not want to step on the other's toes and the split jurisdiction would make it less likely to be granted. All depends on the Judge though.
Nope two seperate things. And if you read the FOX and Company lawsuit you will see the big part of their beef is not with AutoHop its with Prime Time Anytime. Besides it was already ruled back in the VHS days that commercial skipping by the consumer was not in violation of any copyright laws.
so right now it's...
Fox - both issues in CA
CBS/NBCU - Copyright in CA, Contract claims in NY
ABC - both issues in NY
So will any of these other networks now file contract claims in CA to get this part of the issue moved there too? or is that not allowed at this point?
and what exactly has ABC done at all at this point? they almost seem like a bystander
Fox - both issues in CA
CBS/NBCU - Copyright in CA, Contract claims in NY
ABC - both issues in NY
So will any of these other networks now file contract claims in CA to get this part of the issue moved there too? or is that not allowed at this point?
and what exactly has ABC done at all at this point? they almost seem like a bystander
Next they'll make it illegal for televisions, receivers, etc. to automatically adjust the volume back down for commercials. Long term, when it's all VOD, you'll be forced to watch commercials before any real content is shown. If you try to FF through something, it will have the "This feature is currently disabled." message like it does with blu-ray discs at the beginning. ...GOTTA MAKE THAT MONEY!
What a cluster fluff. Networks will try and make the dates on the same day or back to back on each coast.
For thows who cry if they losse the fees would go up thats crazy. Dish would never do that as they see ever other providers acting pigish. " Dont feed the pig." Dish is the home of the dual box that can feed 6 tvs for only $15 extra a month and only $5 more if you want 3 in hd with dvr on all 6.
For thows who cry if they losse the fees would go up thats crazy. Dish would never do that as they see ever other providers acting pigish. " Dont feed the pig." Dish is the home of the dual box that can feed 6 tvs for only $15 extra a month and only $5 more if you want 3 in hd with dvr on all 6.
An editorial rant from a retired TV producer--
While none of us from a viewer perspective love the 30 second commercial interruption to our programming we should recognize that it is part of the "free" TV package, or that it augments the high cost of TV production. The Auto Hop enhancement to the 30 second skip is indeed a way to totally ignore all the commercials which executes direct harm to the financing of these programs. At least the 30 second skip, when used, it briefly exposes viewers to the commercial and if not engaging, we skip through it. This at least forces us to be exposed and forces the ad producer to be more creative in making the spot hold your attention. With Auto Hop, Dish has used technology to sabotage the entire business model of the very industry they get revenue from. In my opinion, as a veteran of TV advertising, Dish Network has made about the most stupid mistake I have ever seen by any business in my entire career. That is no exaggeration. It's about like if you went to work and devised a way to prevent your employer from selling his product preventing him from being able to pay you your salary. When I first heard of the Auto Hop I was dumbfounded. I could not decide if Dish Network was just run by a new breed of morons or they had gone suicidal.
I can see a 3rd party company making such a device. A company that has no dependency on ad revenue either directly or indirectly, but not Dish Network. This invention is really stupid of them to deliver to their customers and short sighted for customers to embrace. I'm still flabbergasted they would deliver such a function. And now, pay to defend it in court.
My suggestion- drop the defense. disable Auto Hop and hope and pray the Networks will continue to look the other way for the 30 second skip feature.
While none of us from a viewer perspective love the 30 second commercial interruption to our programming we should recognize that it is part of the "free" TV package, or that it augments the high cost of TV production. The Auto Hop enhancement to the 30 second skip is indeed a way to totally ignore all the commercials which executes direct harm to the financing of these programs. At least the 30 second skip, when used, it briefly exposes viewers to the commercial and if not engaging, we skip through it. This at least forces us to be exposed and forces the ad producer to be more creative in making the spot hold your attention. With Auto Hop, Dish has used technology to sabotage the entire business model of the very industry they get revenue from. In my opinion, as a veteran of TV advertising, Dish Network has made about the most stupid mistake I have ever seen by any business in my entire career. That is no exaggeration. It's about like if you went to work and devised a way to prevent your employer from selling his product preventing him from being able to pay you your salary. When I first heard of the Auto Hop I was dumbfounded. I could not decide if Dish Network was just run by a new breed of morons or they had gone suicidal.
I can see a 3rd party company making such a device. A company that has no dependency on ad revenue either directly or indirectly, but not Dish Network. This invention is really stupid of them to deliver to their customers and short sighted for customers to embrace. I'm still flabbergasted they would deliver such a function. And now, pay to defend it in court.
My suggestion- drop the defense. disable Auto Hop and hope and pray the Networks will continue to look the other way for the 30 second skip feature.
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I just don't understand how anyone can think what Dish is offering is illegal in any way. All they are doing is allowing users to automate something they could already do. I have Dish and ATT, with U-Verse I have 4 streams. If I choose to set all four to record all programs from 7-10pm every night I am doing exactly what Primetime Anytime does. In fact it's worse since there are no restrictions on when I can watch it and for how long. You have to turn on Primetime Anytime as a feature, not automatic, I think Dish thought this out before they just threw it out there. As for auto-hop its the same exact thing. When I watch a recorded program or in the event I decide to watch something semi-live I automatically click the jump ahead button 6 times to try and skip all commercials. It isn't an exact science like autohop but I get the same effect. If the networks think anyone really sits and watches commercials on the major providers they are more lost than I have believed.
And this is just a ridiculous defense in the current day. They can't call it "free" tv if they turn around and charge Dish and other service providers to re-transmit their shows. They are double-dipping and then have the gall to try and cry foul. That is just lunacy.
I really don't think the Auto Hop is the same effect unless you can rapidly hit skip ahead 6 times and jump ahead 3 minutes. I know on my 722, I have to let each skip function before I can hit the next one which lets me see a second or so of each commercial. I don't and won't own a Hopper so I have not experienced auto hop but I gather it takes out the entire group of commercials and you get zero exposure to them all. On my 722, I may catch a commercial I do want to see based on that brief exposure, If I had auto hop I would decided to not get any exposure, ever. As an ex- ad producer, that is a huge difference.
Prime Time Anytime is an interesting feature and I see no direct harm to this. Although it has little value to me, in fact, probably would be a waste of money and drive space as I would better use to pick and choose my time shifted programs. But that's just me and Prime Time Anytime seems to be for those addicted to every prime time show every evening. For those it is a nice idea that as far as I can see, has only one problem- It automates the schedule disruption so much that the companies that offer the service of tracking programming would not be able to use an auto tracking system to establish show ratings as they do today. The industry would need to find a different way to measure the success of a show if many began to use Prime time Anytime. Automating the DVR process is a big step in sabotaging the present method of establishing ratings.
I, for one, have absolutely no problem with commercials...just as long as the programmers are not also charging subscribers. TNT, USA, ESPN, FX (and anyone else who accepts ad dollars) should be 100% free of charge. Otherwise, charge your customers accordingly and knock off the endless hours of commercials and infomercials each day. Television stations should be required to declare whether they are Advertiser Sponsored, and provided free-of-charge to customers/MVPDs, or subscription-based in which they are free to charge fair market price for their commercial-free programming.
Just my two cents.
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