Distant Network Shutoff on December 1st?

[Chris Walker]

So my question for the legal smart people here, can Dish appeal to the higher court that initially ordered the injunction based on grounds that they have a settlement and the injunction is unnecessary?

[Greg Bimson]

I don't know John, I know the judge was ordered to issue an injunction, but IMO without FOX's whining and their court filings after the settlement was proposed, I think the injunction would have been a forgotten issue.

No, it wouldn't have been a forgotten issue. The judge stated in his order that because the remedy for a pattern or practice of willful infringment is "the death penalty", AND because the higher court MANDATED that the lower court should issue the injunction, the judge had no other choice than to issue the injunction. The settlement was moot because the case made its way through the appeals process.

So my question for the legal smart people here, can Dish appeal to the higher court that initially ordered the injunction based on grounds that they have a settlement and the injunction is unnecessary?

No.

Dish Network has filed a writ of certiori to the only court in the land that can possibly address the issue. The Supreme Court has this on their docket. However, the Supreme Court could still refuse to listen to the case, or can schedule a date to listen after the injunction is enforced. Either way, barring some kind of miracle, the distant networks will be cut-off.

The Appeals Court already ruled that Dish Network was in violation of the SHVIA. The moment the Appeals Court reaffirmed the lower court's ruling left Dish Network with no other options but the Supreme Court.

[Barry Erick]

Some of the calls we get are where they can easily pick up off air. They say "I don't want no ^&%* outside antenna" or "My development does not allow it" and after we explain the law, we get "I'm not going to fight my neighbors"

We (broadcasters) have to eat, too.

[ArtWIS]

Some of the calls we get are where they can easily pick up off air. They say "I don't want no ^&%* outside antenna" or "My development does not allow it" and after we explain the law, we get "I'm not going to fight my neighbors"

We (broadcasters) have to eat, too.

For folks who give the statements you quoted I say "then tough luck, your not going to get the stations". They picked where they want to live and now THEY have to live with their decision.

[srbond]

At least in my case, if I lose my distants... I will not watch the big four networks.

(I've already cancelled the free locals.)

If the cut-off happens, I may just have to go to Direct to get some new equipment.

'D' doesn't force you to buy locals, do they?

[Hall]

"force you" ?? No, but they do charge extra for them just like Dish. The price they advertise simply includes locals, i.e. Total Choice is $44.99 with locals or $41.99 without locals.

[srbond]

"force you" ?? No, but they do charge extra for them just like Dish. The price they advertise simply includes locals, i.e. Total Choice is $44.99 with locals or $41.99 without locals.

I guess 'force' was too strong a word. I was curious if they 'required' you to buy the locals.

Thanks for the info! Saving $3 is still $3!

[Greg Bimson]

Right. However, if locals are available, you must take them.

[srbond]

Right. However, if locals are available, you must take them.

Are you serious... that I cannot refuse to buy locals?

[Greg Bimson]

From what I have seen, yes, you cannot buy Total Choice without Locals if you live in a market with locals.