DISH loses Appeal in DISNEY HD Fight

[Scott Greczkowski]

Well lets hope this ends this fight for good.

[h=1]EchoStar Loses Appeal Bid In $56M Disney HD Fee Fight[/h]Share us on:TwitterFacebookLinkedInBy Pete Brush0 Comments
Law360, New York (August 28, 2013, 1:48 PM ET) -- New York's top court on Tuesday rejected EchoStar Satellite LLC's bid to appeal rulings denying the satellite broadcaster a new trial in a fight over the collection by The Walt Disney Co. of $56 million in licensing fees for high-definition broadcasts by ESPN Inc. and other Disney-owned networks.

http://www.law360.com/articles/468456/echostar-loses-appeal-bid-in-56m-disney-hd-fee-fight

 

[Yespage]

Puhlease end it now!!!

 

[3HaloODST]

Does this mean that our bills will (continue to) go up?

 

[Scott Greczkowski]

Does this mean that our bills will (continue to) go up?

Of course, did you expect anything else?

 

[3HaloODST]

Of course, did you expect anything else?

Wishful thinking .

 

[KAB]

Does this mean that our bills will (continue to) go up?

It would not have mattered either way.

 

[bellevuecoug]

Help me out, here - I thought the split SD/HD fee structure that Disney wanted was 'consumer armageddon' as *every* channel provider would start splitting their rates and we would all be screwed in the worst possible way . . . . so, is this what happened? Now EVERYBODY will want to do it the "Disney way"?

 

[Teehar]

Help me out, here - I thought the split SD/HD fee structure that Disney wanted was 'consumer armageddon' as *every* channel provider would start splitting their rates and we would all be screwed in the worst possible way . . . . so, is this what happened? Now EVERYBODY will want to do it the "Disney way"?

That's assuming they offer standard definition now.Many such as ESPN are HD only.

 

[3HaloODST]

Wonder if Dish could just pay for the HD channels, then downconvert it for the SD feed?

 

[NotMe546]

Maybe it would be cheaper to upgrade everyone to HD.

 

[JM42]

Help me out, here - I thought the split SD/HD fee structure that Disney wanted was 'consumer armageddon' as *every* channel provider would start splitting their rates and we would all be screwed in the worst possible way . . . . so, is this what happened? Now EVERYBODY will want to do it the "Disney way"?

Pretty much a moot point at this stage. This was not anything precedent setting as it pertained to the specific language in a specific contract. Such ambiguity is not going to exist in any new contract. Which unless we are all off way off will be in place next month.

"Final" ESPN/Disney negotiations might have been on hold pending this result. If granted a new trial, Dish would have had a little more leverage in the negotiations. Now they just have to pay, but these are not really big dollars in the overall scheme of things.

Either they are close enough to finalize things now, or ESPN/Disney goes dark for a while when the current contract is up. It will be fun to watch.

 

[Tampa8]

....
Either they are close enough to finalize things now, or ESPN/Disney goes dark for a while when the current contract is up. It will be fun to watch.

You're putting way too much weight on this. In reality it has nothing to do with a new contract. It applies to the past and probably DISH lawyers doing due diligence to at least try at an appeal but only to recoup money. From all the articles and quotes, I see no way Disney goes dark over a contract not being signed. It may actually even more just put a nail in it and everyone moves on.

 

[Scott Greczkowski]

I don't see ESPN and Disney going dark on DISH.

In fact magic 8 ball says it's not going to happen.

Magic 8 ball has been very reliable over time, maybe even better then my gut feeling.

Sent from my iPhone using SatelliteGuys

 

[bellevuecoug]

I don't see ESPN and Disney going dark on DISH.

In fact magic 8 ball says it's not going to happen.

Magic 8 ball has been very reliable over time, maybe even better then my gut feeling.

Sent from my iPhone using SatelliteGuys

I just wish 'it' happens before Saturday (whatever "it" is). ESPNU in SD on opening day? Boooooooooooooo! :rant:

 

[TheKrell]

Now they just have to pay, but these are not really big dollars in the overall scheme of things.

Paying DOUBLE is not really big dollars? If Disney won this, all channel providers will demand double payments for their SD and HD channels, and our bill will maybe not double, but get a lot bigger, a lot faster, than ever before.

 

[osu1991]

Paying DOUBLE is not really big dollars? If Disney won this, all channel providers will demand double payments for their SD and HD channels, and our bill will maybe not double, but get a lot bigger, a lot faster, than ever before.

That will be the straw that breaks the camels back. That will be the end of pay tv for me, if that starts happening. I have a hard time justifying what I pay now just to get a couple of channels I like.

 

[osu1991]

I just wish 'it' happens before Saturday (whatever "it" is). ESPNU in SD on opening day? Boooooooooooooo! :rant:

Not gonna happen till October when new contracts would go into effect.

 

[JM42]

Paying DOUBLE is not really big dollars? If Disney won this, all channel providers will demand double payments for their SD and HD channels, and our bill will maybe not double, but get a lot bigger, a lot faster, than ever before.

$56 Million is not really big dollars. Paying double is not going to happen under any new contract.

Channel providers can't just demand double payments, it's subject to the negotiated contract. Dish left a hole in the contract that allowed it. No one in their right mind will allow that to happen again. This is about specific verbiage in a specific contract. IIRC, for the channels where the contract had HD was negotiated up front, they were not paying double. The doubling came into play for the channels where HD access was not specifically spelled out, most where the HD feeds were added after the contract was initiated.

 

[JM42]

You're putting way too much weight on this. In reality it has nothing to do with a new contract.

Actually my poorly made point is it won't have much impact. $56M is not going to have a material impact on the new contract. Either the parties are close enough that they will have a deal (which I think likely) or they aren't. If they are close, then a new trial could have given Dish a tool to tweak things, but only in minor ways.

IF a deal is not already 95+% done, then I could see it going to the who blinks first stage and a week or so of no Disney/ESPN, but I trust Scott's Eight Ball.

 

[bradfordj]

I don't see ESPN and Disney going dark on DISH.

In fact magic 8 ball says it's not going to happen.

Magic 8 ball has been very reliable over time, maybe even better then my gut feeling.

Sent from my iPhone using SatelliteGuys

Scott, does the magic 8-ball see any resolution with Dish restoring any of the Walt Disney owned HD stations?