Deal with NPS to "save" distants on DISH!

rdinkel

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Jul 13, 2004
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Woodland Park, Colorado
What does it have to do with "when the injunction was written" and "future tense"?

It is written in present tense, starting on 1 December, 2006.

My read is that the injunction applies to those companies that had been participants with Echostar in providing the illegal provision of distant network feeds. I do not think the injunction could be taken so broadly as to restrict all companies from doing business with Echostar in the future. Echostar is permantly enjoined--not every unnamed company in the world. Guess will see how this all plays out.
 

Tampa8

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Ok folks...

Here you go another SatelliteGuys first...

Tommorow you will be able to go to http://www.mydistantnetworks.com and sign up there.

As far as their qualifying procedures, they are working on something for me now and I will put that up as soon as I get it.


Nice touch by Charlie - even that site looks like it does not have anything to do with Dishnetwork.

This has to have been the fastest dissemination of information ever.
 

korsjs

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Jan 25, 2004
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i don't have dish anymore, but am very excited for charlie and everyone that has dish. he did a really good job with this. this might even to think about joining back up when we move in our new house.

good work scott with all the info you are providing.
 

Tampa8

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Scott, feel free to crow a little about this coverage. I don't think I see it anywhere else right now. Congratulations.
 

Greg Bimson

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Jan 21, 2004
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rdinkel said:
My read is that the injunction applies to those companies that had been participants with Echostar in providing the illegal provision of distant network feeds. I do not think the injunction could be taken so broadly as to restrict all companies from doing business with Echostar in the future. Echostar is permantly enjoined--not every unnamed company in the world. Guess will see how this all plays out.
Wow. I don't see it. Starting 1 December, the four defendants (which are all Echostar companies) and their their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with Echostar are hereby PERMANENTLY ENJOINED AND RESTRAINED from using the distant network license.

NPS is leasing space. Charles Ergen basically told everyone on the conference call which Scott Greczkowski transcribe that this deal is to permit distant network services for those about to lose them.

Sorry. Because NPS is leasing space from Dish Network they now are in active concert and participation with Dish Network, and the injunction which will apply to Dish Network tomorrow will also apply to NPS tomorrow.
 

Tampa8

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Wow. I don't see it. Starting 1 December, the four defendants (which are all Echostar companies) and their their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with Echostar are hereby PERMANENTLY ENJOINED AND RESTRAINED from using the distant network license.

NPS is leasing space. Charles Ergen basically told everyone on the conference call which Scott Greczkowski transcribe that this deal is to permit distant network services for those about to lose them.

Sorry. Because NPS is leasing space from Dish Network they now are in active concert and participation with Dish Network, and the injunction which will apply to Dish Network tomorrow will also apply to NPS tomorrow.

Certainly one take on it. But sure seems like there can be legally argued other ones. Such as Echostar is not using their distant network license. Or that it does pertain only to those associations at the time. "those persons in acvtive concert or participation either now or in the future" is not what it says. It may be poker play for sure - but what a play.
 

rdinkel

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Jul 13, 2004
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Woodland Park, Colorado
Greg,

How do you read "PERMANENTLY ENJOINED AND RESTRAINED from using the distant network license....? I read that as using Echostar's distant network license--not all other companies' licenses.
 

SmityWhity

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Jun 8, 2006
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Denver, CO
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!
 

rdinkel

SatelliteGuys Pro
Jul 13, 2004
1,678
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Woodland Park, Colorado
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.

My thoughts, exactly. That is why the injunction cannot be taken so broadly.
 

vodad

SatelliteGuys Pro
Dec 14, 2005
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No matter what happens, this is going to take some time in the courts, and by then hopefully there will be some congressional help. This just seems like a really good way to make customers happy and by Dish some time.

Will it work out, who knows, but for now at least you will be able to keep the distants.
 

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