More non-jurist legal opinions....
When I originally read the opinion on another thread, I took it to mean EchoStar and the group as a whole that was doing it under that license, and still believe that.
My comment at the time was "Maybe Charlie will have Mrs Charlie start her own company". But using NPS keeps it an arms length away.
However, if the otherway is true, then if Dish Network subscribes to DirecTV, then that means DirecTV and Dish Network are now in "Active Concert" and DirecTV could no longer provide DNS to its subscribers.
Another Point: Someone mentioned inside info. Here is a partial quote from the latest filing.
"The scheme is laid out in detail in a letter from Mr. Mountford to counsel for plaintiffs (Exhibit 1 hereto), an email from Mr. Moskowitz to counsel for plaintiffs (Exhibit 2 hereto), and a written contract between EchoStar and NPS (Exhibit 3 hereto)."
I wonder why NPS CEO would send a letter to the plaintiffs!