Deal with NPS to "save" distants on DISH!
- Thread starter chaddux
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No offense, Tampa8, but why do people continually ignore the entire language in the decree?
Starting 1 Decmeber, 2006...
The order is in present tense, so if I read this tomorrow, when the injucntion is active, the statement, "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" becomes true.
CBS is in court with this tomorrow. It will end before it barely begins.
This is exactly what happened to DirecTV back in 1998. The judge in that case slapped DirecTV down for trying to go around the law.
Starting 1 Decmeber, 2006...
The order is in present tense, so if I read this tomorrow, when the injucntion is active, the statement, "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" becomes true.
CBS is in court with this tomorrow. It will end before it barely begins.
This is exactly what happened to DirecTV back in 1998. The judge in that case slapped DirecTV down for trying to go around the law.
It is important to remember that Distant Networks are nothing new to NPS. They have been in the business for years.
As to the injunction one should consider who is in control of the authorizations and that will be NPS in this new offering by them, not EchoStar.
As to the injunction one should consider who is in control of the authorizations and that will be NPS in this new offering by them, not EchoStar.
And that's the bottom line, it will be up to a court to decide on if this is an attempt to go around the law or not, and then if it is a legitimate/legal maneuver or not.
Correction on the Pricing...
Here is the correct pricing on the Distant Networks.
ABC East and West $2.50/month
NBC East and West $2.50/month
CBS East and West $2.50/month
Fox East and West $2.50/month
All 4 Distant Networks (East and West) $9/month (package price)
Here is the correct pricing on the Distant Networks.
ABC East and West $2.50/month
NBC East and West $2.50/month
CBS East and West $2.50/month
Fox East and West $2.50/month
All 4 Distant Networks (East and West) $9/month (package price)
There is now an emergency Retailer Chat now in Progress.
I am now tuned in and will report anything new, so far its still a rehash of what what said in the employee meeting this morning.
I am now tuned in and will report anything new, so far its still a rehash of what what said in the employee meeting this morning.
Echostar's distant network license? No, it is the statutory license provided in Section 17, Title 119 of the US Code that not only Echostar, but three other defendants, their agents, attorneys, etc. and, "those persons in active concert or participation with Echostar" which are enjoined and restrained.rdinkel said:
Yes, but mine were correct about the injunction being issued.SmityWhity said:
No, because no matter how it works, it is still being done in concert with another, whether it was Mrs. Ergen or this NPS.SmityWhity said:
No they aren't. If Dish Network's offices subscribe to DirecTV, there is no "active concert". Dish Network would simply be procuring a service.SmityWhity said:
But it is broad in order to stop Dish Network from any future use of the distant network license. Think about it. Charles Ergen could simply set up a shell corporation and then move all of the distant network assets there. You think that would avoid the injunction? No, because Dish Network assets would still be used.rdinkel said:
No, it won't take that long, because:vodad said:
Actually, THIS IS CBS that has pressed for an emergency motion to be heard by Judge Dimitrouleas tomorrow morning.
Note that this wasn't any of the network affilate boards (the ones that would have received $100 million), nor FOX; this is CBS. It will be ruled upon tomorrow.
Dish will prevail, NPS is a seperate company, like Sky Angel is a seperate company. BTW there is NOTHING preventing SkyAngel from offering Ditant Networks eaither.
Sorry Greg.
Sorry Greg.
Although I'd love to get SF (Giants/Niners fan), I agree with Greg. I think the judge will take the spirit of the injunction and bar Dish from proceeding with this. Charlie and his gang of lawyers have really pressed the judicial system with their own interpretations and loopholes. I think the judge will see through this and call it in favor of the nets.
Just as DirecTV is trying to take business advantage of Echostar's legal situation, so will other companies. In this case, NPS stands to gain a lot of business. And for "former" Dish distant network customers, NPS is a much better choice than going to DirecTV or cable--especially when you have thousands of dollars invested in owned satellite dishes, switches, and receivers that will not work with other services.
Legally, this is a slippery slope. DISH was the company that broke the law by not enforcing the waiver qualification rules. Even though NPS is a separate company providing the DNS services, if NPS is leasing the satellite space from DISH, then DISH is now financially benefiting from the DNS service being provided to it's subscribers.
This could go either way. It would be no different than DISH leasing space to Directv to provide DNS to DISH subs... Although that scenario would never happen.
This could go either way. It would be no different than DISH leasing space to Directv to provide DNS to DISH subs... Although that scenario would never happen.
None taken! I am playing devil's advocate here a little. I can see some wiggle room. I think Scott's comment on Sky Angel is the one avenue Dish will really push if - when - they are in court again.
Bah! Humbug!! A lease and procurement of services does not a concert make. The provider's name is NPS. This is their business. If it were "Your Satellite Provider"(the former Netlink, Superstar and Turner Vision) I would agree with you. That company is owned (at least in part) by EchoStar. NPS is not.
There will be no question that they will be in court again about this, however with that said by the time the court rules, Senate will have passed the bill and all of this will be a mute point.
Charlie is a great poker player.
BTW on the Retailer Chat they have not said anything new mentioned.
Although Jim is having a good time picking on DirecTV.
Although Jim is having a good time picking on DirecTV.
BTW on the Retailer Chat they have not said anything new mentioned.
Although Jim is having a good time picking on DirecTV.
"There will be no question that they will be in court again about this, however with that said by the time the court rules, Senate will have passed the bill and all of this will be a mute point." True, but it seems if this works more people may get distants then under the Congress bill.
Scott anything yet on the qualifying process? Are you waiting for them to send something to you. Thanks again.
Seems like NPS would be the one going to court rather than Echostar if the judge tries to extend the injunction to them.
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