Dish HD vs Disney (DISH sort of won...)

[reddice]

I know dish has no control from the providers. What I am saying is to at least add more hd kids channels like the new Hub channel.

 

[Ray_Clum]

Well, HUB is the old Discovery Kids that Hasbro bought part of, hence a whole bunch of toy oriented cartoons...

 

[turftoe]

I figure that there's about to be a shifting of channels as well with Disney shutting down SOAPNet and replacing it with Disney Junior. It is interesting to go back and watch some of the old Disney shows that I DVR'd in HD and then watch the new ones in SD. There's a difference, but to the children watching, it isn't something obvious.

 

[wingnut10]

Any new info on the dispute and when we can expect these channels to be back?

 

[Slamminc11]

Any new info on the dispute and when we can expect these channels to be back?

nope

 

[hometheaterman]

Yeah, it seems like Dish could care less about having this channels back. I emailed them back when FX was lost and said I mainly wanted the HD channels that were lost back. They kept avoiding talking about them, and telling me how I could get some sports channels for free at the time. It annoyed me a little as the HD channels are what I'd like to see come back.

 

[Jim5506]

Disney/ABC just declared bankrupcy because they were no longer carried in HD on Dish network.

I is rumored that Charles Ergen will take over the remaining assets of Disney/ABC and return all Disney/ABC programming to the Dish Network family where it obviously belongs in perpetuity.

 

[Dah-Henny]

You DO know that some folks are gonna believe that?

 

[MikeD-C05]

OH Boy!!! Abc and Disney for EVER on DISH !!!! yeah!!!!!!!:up









Okay,okay, I couldn't resist . It was too easy.

 

[whatchel1]

Disney/ABC just declared bankrupcy because they were no longer carried in HD on Dish network.

I is rumored that Charles Ergen will take over the remaining assets of Disney/ABC and return all Disney/ABC programming to the Dish Network family where it obviously belongs in perpetuity.

Stock prices for Dish rose 300% after this news and ABC/Disney has put up the amusement parks for sale to cover their debts. Chapter 11 bankruptcy judge declared that all animation studios owned by Disney are to be auctioned off to anyone concerned in the production of high quality video at bargain prices.
I love the way this is going

 

[reddice]

To tell the truth when we first lost the HD Disney channels in June I was devastated. Since then I have really not missed them as much since I got Netflix in August. I been watching a big variety of programs on there. Mainly 80's and 90's series that I missed back when I was a kid and teen because I could not watch them because of all the homework and studying I had to do. Also Netflix does have some Disney channels shows. Now don't get me wrong I want Disney HD back more than anything but as long as I been waiting now I am not missing it as much.

 

[Scott Greczkowski]

Just saw this in my mailbox

An appeals court in New York has re-ignited EchoStar's claim that various Disney-owned networks breached licensing agreements by demanding payment for high-definition feeds.
The dispute centers on three agreements made in September 2005 whereby subsidiaries of Disney, including ABC Cable Networks, ABC Family, and ESPN, authorized EchoStar's Dish Network to broadcast its programming. EchoStar claimed that Disney breached these contracts by refusing to provide HD versions of the programming at no additional cost.

Read the rest at http://www.hollywoodreporter.com/blogs/thr-esq/appeals-court-revives-echostar-claim-68146

 

[Voyager6]

Here is a link to the decision. It begins on page 19. E* does have to pay interest due to the late payments.

Here is an interesting part of the decision.

EchoStar claims that Disney breached the agreements by
refusing to provide to EchoStar the high definition version of
programming carried by the networks named in the agreements.
However, inasmuch as the ESPN agreement expressly provided that
EchoStar would be furnished the high definition versions of
programming offered on ESPN and ESPN2, there is evidence that
during the parties’ negotiations Disney’s attempts to exclude
future high definition programs were rejected by EchoStar, and
there is further evidence that other television providers may
receive high definition programming from Disney at no additional
cost, we are unable to conclude, as a matter of law, that the
contracts were unambiguous as to the parties’ intentions with
regard to future high definition programming.
Likewise, EchoStar’s contention that the contracts
unambiguously provide that it bargained for and obtained the
right to distribute all of the high definition “feeds” of the
licensed networks is also unpersuasive, if for no other reason
than that the word “feed” is not defined in the contract, and in
the context presented, is not readily susceptible to one meaning.
Further, while Schedule A of the ESPN agreement does not contain
a separate rate card for high definition programming, paragraph
6(f) of the same agreement does contain a “Technical Provisionary
Surcharge” for at least the initial year of the agreement, and
thus we leave to the factfinder the import of the paragraph in
relation to EchoStar’s contention that it was entitled to future
high definition programming at no additional cost.
Further, there is ambiguity in the “Most-Favored Nations”
clause of the ESPN agreement, which provides that Disney will not
give competing distributors a lower “Net Effective Rate” than
EchoStar’s based on rates reduced by, inter alia, “in-kind
consideration.” A factfinder could reasonably conclude that the
high definition networks that Disney provided to EchoStar’s
competitors for no additional charge constituted “in-kind
consideration” within the meaning of the clause.

 

[TravelFan1]

Why on Earth was Echostar/Dish making payments beyond the 45 day deadline - as per page 23, "EchoStar readily admits that it never made its fee payments within the 45-day maximum time allowable by the agreements. Rather, it made payments, on average, within 75 days of their due
date." Why were they not expecting Disney not to charge interest is beyond me... This has to be one of the dumbest business decisions ever made by Dish/Echostar.
This sounds really, really bad - yes, there's the whole issue of most favorable nation clause about other providers not paying extra for HD feeds, but being constantly late on your payments and not paying interest... Dish's probably on hook for many, many millions of dollars here. forget about getting the HD feeds back, we may simply lose all Disney channels, being on SD or HD if Dish and Disney don't come to an agreement on these interest charges owned by Echostar/Dish.

 

[mike123abc]

Big companies tend to pay as late as they can get away with. It is a cash flow tactic commonly used. Dish is certainly not the only company maximizing its cash position by paying bills as late as possible.

 

[Voyager6]

Big companies tend to pay as late as they can get away with. It is a cash flow tactic commonly used. Dish is certainly not the only company maximizing its cash position by paying bills as late as possible.

This is happening in every industry. I have to deal with it daily. Cash flow is everything to a business. Getting people to pay you on time is a constant struggle.

 

[Voyager6]

. Dish's probably on hook for many, many millions of dollars here. forget about getting the HD feeds back, we may simply lose all Disney channels, being on SD or HD if Dish and Disney don't come to an agreement on these interest charges owned by Echostar/Dish.

That part is over I think. E* lost the appeal of the interest judgment. $65 million to Disney for interest.

Appeal from the March 23, 2010 order unanimously
dismissed, without costs, as subsumed in the appeal from the
judgment. Order, same court and J.H.O., entered April 21, 2009,
which, insofar as appealed from as limited by the briefs, granted
defendants’ motion for summary judgment on the liability portion
of their counterclaim for interest owed as a result of
plaintiff’s untimely payments under the agreements, unanimously
affirmed, without costs.

 

[mike123abc]

Dish will send them a check for the interest, but of course it is now 6 months late!

 

[Laddyboy]

Dish will send them a check for the interest, but of course it is now 6 months late!

There'll be another 'suit shortly for interest on the interest.

 

[fbara]

Dish just announced that they'll be sending the $65m check.....soon.