Big Four Networks Sue Locast

Wescopc

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Do to the exemption in the law - read the "white paper" on Locast.org web site. I believe they have done their homework and stand a good chance of winning.
 

primestar31

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Do to the exemption in the law - read the "white paper" on Locast.org web site. I believe they have done their homework and stand a good chance of winning.
I think the fact that they are collecting extorted "donations" from people in order to watch, puts that into question.

So we will see.
 
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Scott Greczkowski

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I am guessing the networks know this IS legal, however will keep pressing this so the legal costs are so high for Locast that they will cease operation as they won't be able to afford it.
 

NYDutch

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I am guessing the networks know this IS legal, however will keep pressing this so the legal costs are so high for Locast that they will cease operation as they won't be able to afford it.
I wonder if the law firm that wrote the unsolicited white paper will be willing to step up pro bono. I believe soliciting donations for a legal defense fund would also be legal as a non-profit...
 
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Zookster

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This is surely when they need them the most (to build a war chest)
Yes by all means, please donate if you want to support a bunch of overpriced corporate lawyers. But if you are donating with the expectation of being able to enjoy this service next month, or even next week, you might want to reconsider. Lawsuits have a way of bringing down these kinds of services sooner than later.
 

mwdxer1

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I would hold off on making any further donations.

Networks Sue to Stop Streaming Service Offering Free TV Feeds

The four major broadcast networks have filed a suit in federal court to shut down Locast, a nonprofit streaming service funded in part by AT&T Inc. T +0.41% and founded by a Dish Network Corp. DISH -2.92% lobbyist that offers their feeds to subscribers for no charge.

CBS Corp. , Walt Disney Co.’s ABC, Comcast Corp. ’s NBCUniversal and Fox Corp. argue that Locast is retransmitting the signals of their local TV stations without permission, in violation of copyright law. The fees that broadcasters receive from pay TV distributors have become crucial to their long-term survival, and there is concern that if Locast grows in popularity, it could cut into that revenue stream. . . .

Full article from WSJ.
AT&T has donated money to Locast. If the cable/satellite providers are really behind companies like Locast, they need to put their strong arm on the networks. If the networks don't back off, then cable & satellite refuse to carry locals. But that is not likely to happen. When does any of these completing companies every join in? , except for a rare situation, will probably be dead and the networks have deep pockets.
Add to that the networks have lost a lot of viewers through the years and they too are feeling the pinch.
 

harshness

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I am guessing the networks know this IS legal, however will keep pressing this so the legal costs are so high for Locast that they will cease operation as they won't be able to afford it.
Re-transmission without consent is a big part of this question and that's independent of whether money is changing hands or not. I believe the only card Locast has to play is that the broadcasters waited this long to say anything.

I expect that the NAB lobby have more impact on where this goes than the courts.
 
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harshness

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AT&T has donated money to Locast.
AT&T is doing all sorts of mysterious things of late but I'd imagine that this is a self-serving decision to allow them to off LIL service as opposed to throwing their support behind a free alternative to paying for TV.
 

Wescopc

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Re-transmission without consent is a big part of this question and that's independent of whether money is changing hands or not. I believe the only card Locast has to play is that the broadcasters waited this long to say anything.

I expect that the NAB lobby have more impact on where this goes than the courts.
Re transmission without consent IS allowed within the law for non-profits. This is for all of the "translators" that have been doing this for years and years. So it was put into the law on purpose.
 
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harshness

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The Sports Fans Coalition is a 501(c)(4) "advocacy organization". I would guess that they would need to demonstrate how re-transmitting TV content constitutes advocacy. Advocacy is typically about education and trying to change the rules.

I suspect that they have a tough road ahead.
 
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mwdxer1

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I would hold off on making any further donations.

Networks Sue to Stop Streaming Service Offering Free TV Feeds

The four major broadcast networks have filed a suit in federal court to shut down Locast, a nonprofit streaming service funded in part by AT&T Inc. T +0.41% and founded by a Dish Network Corp. DISH -2.92% lobbyist that offers their feeds to subscribers for no charge.

CBS Corp. , Walt Disney Co.’s ABC, Comcast Corp. ’s NBCUniversal and Fox Corp. argue that Locast is retransmitting the signals of their local TV stations without permission, in violation of copyright law. The fees that broadcasters receive from pay TV distributors have become crucial to their long-term survival, and there is concern that if Locast grows in popularity, it could cut into that revenue stream. . . .

Full article from WSJ.

All that needs to happen is for the cable & satellite industry is to get behind Locast. The Networks will back off. As a group there is power in numbers. Does the satellite/cable industry want to continue to be held up with much high rates? At $12-$15 a month for locals, what will is be in 5 or 10 years, $50 a month? The satellite/cable industry as a whole can really put pressure on the Networks. After all if the cable/satellite services do not carry the networks, they would not be around very long. How many watch them free OTA, 15-20% with antennas. AT&T already has given money to Locast. I think it is time for the rest to pony up and support Locast. It is a matter of time at the way the Networks rates are going up to cable/satellite, they will no longer be viable to carry. The Networks are really shooting themselves in the foot. As far as the network shows people like, many are available elsewhere on Hulu, Netflix, etc.
 
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CyberSpock

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This is all the evidence the Networks needs to win. When I stopped my monthly "donation", my subscription was terminated. That makes it a required payment, not a donation.
Screenshot_20190802-202106_Gmail.jpg


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NYDutch

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The Sports Fans Coalition is a 501(c)(4) "advocacy organization". I would guess that they would need to demonstrate how re-transmitting TV content constitutes advocacy. Advocacy is typically about education and trying to change the rules.

I suspect that they have a tough road ahead.
I see nothing in 17 USC 111 that specifies what purpose a non-profit must be chartered for to take advantage of the retransmission exemption. The federal government has determined SFCNY is a non-profit and 17 USC 111 says non-profits are exempt. I think it will be difficult for the nets to prove one or both are wrong. Corporations legally donate millions of dollars to non-profits every year, and those donations nearly always benefit the corporation in some way, even if it's just a tax deduction...
 

ChadT41

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This is all the evidence Dish needs to win. When I stopped my monthly "donation", my subscription was terminated. That makes it a required payment, not a donation. View attachment 139890

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The dispensaries throughout the country take mandatory set donations to sell an illegal substance. Unfortunately, under the current way of things, that is legal.
 
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NYDutch

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This is all the evidence Dish needs to win. When I stopped my monthly "donation", my subscription was terminated. That makes it a required payment, not a donation. View attachment 139890

Sent from my SM-G965U1 using Tapatalk
Was your service terminated? I didn't think so...

Dish is on Locast's side and wants them to win in court. Locast, and all non-profits, is also allowed to charge reasonable fees to recover their operating costs. That aside, the fact that a subscribed donation commitment has expired does not negate the non-profit factor. Many non-profits solicit month to month commitments, as in the "Just $10 a month will feed... " ads we see by non-profits on TV regularly for example.
 
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CyberSpock

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The dispensaries throughout the country take mandatory set donations to sell an illegal substance. Unfortunately, under the current way of things, that is legal.
This was the way of the Speakeasy's in the 1920's

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CyberSpock

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Was your service terminated? I didn't think so...

Dish is on Locast's side and wants them to win in court. Locast, and all non-profits, is also allowed to charge reasonable fees to recover their operating costs. That aside, the fact that a subscribed donation commitment has expired does not negate the non-profit factor. Many non-profits solicit month to month commitments, as in the "Just $10 a month will feed... " ads we see by non-profits on TV regularly for example.
I edited the post to remove Dish and replace with Networks.

For the record I like Locast and want them to win. I no longer use the service but still have the app installed.

What had been happening, pre-donation was either 1) a message consisting of text was displayed on the program I was watching, or 2) I was booted off to the guide every 15 minutes.

I have not tried to see if either of the cases have returned.

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