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

[Greg Bimson]

I'm sorry, but unless you have insider knowledge of the contracts related to the HD feeds of these channels, the first statement is pure speculation.

No more speculation than Disney taking a harder line against Dish Network than any other provider. More on that in a moment...

And without inside knowledge of the contracts involved and the circumstances under which other providers were granted HD carriage rights, there's no way to tell if the court rightly decided the matter.

That's not correct.

The court rightly decided the "most-favored nation" clause is specifically about pricing and packaging of carried stations, not about carriage of additional channels. That is simply the court's decision based upon the existing agreement. There was no need to compare another contract.

Why is Dish Network suing? From Multichannel.com:

In its complaint, filed in the U.S. District Court for the Southern District of New York, Dish cited deals ESPN announced in May with Comcast and DirecTV for ESPN Classic and ESPNU. Those agreements include what "Dish understands are more favorable" terms than those Dish had agreed to.

The Comcast and DirecTV pacts represented the first manifestations of ESPN's initiative to push ESPNU from sports packages to wider digital carriage, in exchange for distributors repositioning ESPN Classic on less widely penetrated tiers[...]

In Comcast's case, the MSO said it would launch ESPNU on its Digital Classic level of service, its second-most-widely distributed package. The deal also left it up to individual Comcast systems whether to leave ESPN Classic in its current position, switch it immediately, or swap it out when ESPNU is upgraded through the fall and into early in 2010.

DirecTV said it would widen its distribution of ESPNU to the Choice programming package, beginning July 1, with ESPN Classic being repositioned to its Sports Pack.

Currently, Dish offers ESPN Classic in the Classic Silver 200/SilverHD package, and ESPNU as part of Classic Gold 250/Gold HD.

Dish's September 2005 agreement with ESPN, which runs through the end of 2013, includes a "most-favored nations" clause that requires the programmer to provide the same provisions, according to the lawsuit.

Dish Network is suing over contracts recently signed by Comcast and DirecTV, the two providers that have a higher number of subscribers than Dish Network. "Most-favored nation" pricing usually has a bulk discount, so that in effect DirecTV and Comcast would pay slightly less than Dish Network, because they have more subscribers.

So although my opinion is that DirecTV, Comcast and Time-Warner signed some type of an agreement to provide the four disputed HD channels, it is consistent with the industry standard, as that is exactly what happened with respect to the ESPNU and ESPN Classic swap.

 

[tvropro]

Since Direct & Comcast has the most subscribers they can get a better deal from ABC/Disney for pricing. Dish lagging behind has to pay more, thats just how it works. On the big dish we lost out to almost all the ESPN/ABC/Disney channels since the subscriber numbers weren't there and the costs were astronomical. Dish should be happy they have as many subs as they do. As the numbers dwindle the costs go up. So dragging things out with more legal battles will only hurt Dish more in the long run since they will loose more numbers as the battle goes on.

 

[Ghpr13]

There was a time, say the 70s, when you could take the family there and actually afford it. Those were the days. When Walt passed on everything changed. When Sam Walton passed on, everything changed.

:up:up:up
Ghpr13

 

[zippyfrog]

From that multichannel news quote, it says the current ESPN contract runs through 2013. Is that when Dish would potentially see any change in ESPN/Disney content? Or will the lawsuit occur first that would get something resolved?

 

[dvrexpander]

Start of CFB season and still no ESPNU in HD!!!!! :rant::rant:

 

[Bonneville44]

the way this is going, I'm not shocked.

 

[whatchel1]

miracle

Start of CFB season and still no ESPNU in HD!!!!! :rant::rant:

And you thought a miracle was going to take place or something?

 

[mike123abc]

Time Warner Cable and Dish network are similar in number of subs. TWC managed to reach a new agreement with Disney. Disney can reach deals.

 

[Willh699]

Time Warner Cable and Dish network are similar in number of subs. TWC managed to reach a new agreement with Disney. Disney can reach deals.

expect Time Warner Cable didn't filed a lawsuit with Disney recently like Dish has, so the only way Dish and Disney will make a deal to bring the missing HD channels back on Dish is to let Dish throw the lawsuit out or settle in court. which it could be years before a settlement or lawsuit dropping happens. so sorry folk, if you want the missing HD channels so bad, switch providers.

 

[StonesCat]

expect Time Warner Cable didn't filed a lawsuit with Disney recently like Dish has, so the only way Dish and Disney will make a deal to bring the missing HD channels back on Dish is to let Dish throw the lawsuit out or settle in court. which it could be years before a settlement or lawsuit dropping happens. so sorry folk, if you want the missing HD channels so bad, switch providers.

I'm currently enjoying AMC in HD, and as far as I know, that suit wasn't settled or thrown out. Not that I want those particular Disney channels anyway.

 

[tvropro]

expect Time Warner Cable didn't filed a lawsuit with Disney recently like Dish has, so the only way Dish and Disney will make a deal to bring the missing HD channels back on Dish is to let Dish throw the lawsuit out or settle in court. which it could be years before a settlement or lawsuit dropping happens. so sorry folk, if you want the missing HD channels so bad, switch providers.

Charlie Ergan thinks he can push people around with his lawyers to get his way. He's part of the stupid mentality that flourishes nowadays (sue and screw). He actually needs to be taught a lesson with all this. He is not the king or dictator of pay television.

Why did Ergan have to sign a dirty deal with NPS to destroy and steal away as many c band subs as he can? Because he has screwed his own subscribers so much that he needs to replace those with new suckers because so many left him. He plays dirty and is getting a lashing from Disney for his actions. I say good! :rant:

 

[MikeD-C05]

I hope you enjoy your bill going up then. Because if DISNEY wins and gets extra money for hd feeds as well as Sd feeds there goes FREE HD FOR LIFE for all customers.

 

[Dah-Henny]

tvropro, quit holding back; tell us how you really feel about Charlie.

IMHO, as far as C-band goes, the writing has been on the wall for years, so blaming Ergen solely for the eminent demise of end user C-band is niave at best.

 

[Ghpr13]

Charlie Ergan thinks he can push people around with his lawyers to get his way. He's part of the stupid mentality that flourishes nowadays (sue and screw*). He actually needs to be taught a lesson with all this. He is not the king or dictator of pay television.

Why did Ergan have to sign a dirty deal with NPS to destroy and steal away as many c band subs as he can? Because he has screwed his own subscribers so much that he needs to replace those with new suckers because so many left him. He plays dirty and is getting a lashing from Disney for his actions. I say good! :rant:

*I dated her once, waaaay back!

Ghpr13

 

[mike123abc]

I hope you enjoy your bill going up then. Because if DISNEY wins and gets extra money for hd feeds as well as Sd feeds there goes FREE HD FOR LIFE for all customers.

Cable managed to do free HD for years before Dish tried it. I no longer believe Dish is out to fight providers to save customers money. They are out to save their profit first. I do not mind them making a profit, but when they constantely cut off channels because of disputes, that is when I mind.

Every argument/excuse Dish has offered over this battle has been negotiated and worked around by all the other providers, including TWC which is almost identical in number of subs.

 

[Bonneville44]

I'd be more than happy to switch privders, but we are in the contract period and have to pay an ETF. thanks a lot dish!

 

[tvropro]

tvropro, quit holding back; tell us how you really feel about Charlie.

IMHO, as far as C-band goes, the writing has been on the wall for years, so blaming Ergen solely for the eminent demise of end user C-band is niave at best.

C band may have been dwindling for years but was holding a share of the marketplace. Charlie put the screws to C band twice. Once when he bought out Superstar, Netlink & Turnevision and started his the sky is falling campaign. Then put the nail in the coffin when he got in bed with NPS to finish the dirty deed. Funny thing is Charlie comes from C band roots.

Charlie still deserves all the wrath that comes along with his dealings from Disney. You can't go out there and make your own rules and force them on other corporations that can out spend you in a heartbeat. The others have to play by the rules why not Dish?

 

[MikeD-C05]

Cable managed to do free HD for years before Dish tried it. I no longer believe Dish is out to fight providers to save customers money. They are out to save their profit first. I do not mind them making a profit, but when they constantely cut off channels because of disputes, that is when I mind.

Every argument/excuse Dish has offered over this battle has been negotiated and worked around by all the other providers, including TWC which is almost identical in number of subs.

Time Warner cable in my area has your locals for free and certain hd cable channels for free or no extra fee , but the remaining hd channels that you really want , are in a separate hd pack that you have to pay extra for.

 

[whatchel1]

Shoe on wrong foot

C band may have been dwindling for years but was holding a share of the marketplace. Charlie put the screws to C band twice. Once when he bought out Superstar, Netlink & Turnevision and started his the sky is falling campaign. Then put the nail in the coffin when he got in bed with NPS to finish the dirty deed. Funny thing is Charlie comes from C band roots.

Charlie still deserves all the wrath that comes along with his dealings from Disney. You can't go out there and make your own rules and force them on other corporations that can out spend you in a heartbeat. The others have to play by the rules why not Dish?

tvropro you've got the shoe on the wrong foot on part of this. I used to work w/the Superstar & the Netlink people when I was a big C-band man. The companies looked for who could buy them out. They were seeing the handwriting on the wall. I'm about to put up a FTA system before long so I still see some use in C/Ku but it isn't for the "cable type" programming. Let's face it most people don't have a place for even a 7 1/2ft dish so what is left is the pizza pan companies. D* had no interest in purchasing the list of customers so it was Charlie that had the doh, ray, me to do the deal. I don't know any of the details of the NPS deal but wouldn't surprise me if it wasn't close to the same thing.
The whole problem is Disney is trying to charge one price for SD then charge an addition price for the same show in HD. This is the same thing that was tried with TV stations about 2 yrs ago. It didn't work there & I hope that it can be stamped out here as well.

 

[mike123abc]

Time Warner cable in my area has your locals for free and certain hd cable channels for free or no extra fee , but the remaining hd channels that you really want , are in a separate hd pack that you have to pay extra for.

I notice Disney HD is in the free HD pack for TWC in Nederland TX.