Locast News (Additions, changes, etc) (6 Viewers)

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Howard Simmons

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With court cases, there are usually months and sometimes years between updates due to how slowly the courts move. Look at SCO vs. IBM. Initial claims were filed in March of 2003. It was finally decided in October 2017.
Well if that is the case then Locast will have most markets done. I would think that the network stations would want to settle this quickly as in the case with that company that tried it in New York. It would be devastating to Locast if they got all markets signed and lose the case.
 
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ncted

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Well if that is the case then Locast will have most markets done. I would think that the network stations would want to settle this quickly as in the case with that company that tried it in New York. It would be devastating to Locast if they got all markets signed and lose the case.
They've already at the point it would devastating I would think.
 

NYDutch

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Locast has a lot of legally in their favor. They knew from
the get-go what the the big 4 networks would do.
Yes they did, and it seems they were surprised the nets took so long to go after them. They even mention that in one of their defense arguments. Why did the nets wait so long if they were really concerned. In the Aereo case, the nets went after them before they even launched...
 

mwdxer1

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Yes they did, and it seems they were surprised the nets took so long to go after them. They even mention that in one of their defense arguments. Why did the nets wait so long if they were really concerned. In the Aereo case, the nets went after them before they even launched...
I do think Locast will be around for a long time. More and more cities will be launched.
 

NYDutch

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"Locast has announced that it is now available for Vizio SmartCast TV users. With Locast, viewers can stream local channels, allowing access to live, local coverage of news, weather, sports, and more."

 
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comfortably_numb

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Bobby

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It is little different than PBS having their monthly, or is it every other weekly :), donation programming. I seriously doubt that Locast is profiting at all. It does cost a bit to keep the lights on. Perhaps this ruling will change the dunning from every 15 minutes to something like weekly. While it is easy to say that the expenses are x dollars and the intake is higher than x dollars, Locast is an expanding service and as it expands it costs many dollars more than what it costs for existing service.
 

TheKrell

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It sounds as if they are profiting off of the donations received, which no longer makes them a non-profit
Are you stating they are profiting? If not, then I don't see the judge's point. If they are, they could easily just stop doing that. If they not, then they could reduce the "forced dunnng" and pass legal muster.
 
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NYDutch

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A summary judgement request is just that, basically a request for the judge to just settle the lawsuit without a full trial. It's a common lawsuit defense tactic that's rarely successful without some very powerful evidence to support it.
 

Howard Simmons

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Locast is likely in the first stages of its downfall with today's ruling. The judge doesn't like the forced dunning of watchers for "contributions": Judge deals blow to Locast in suit brought by broadcasters
Good find. Excellent article on what's going on.
bow down black and white GIF by Maudit
 

NYDutch

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Email from Locast:

Locast Nation
In the big media companies' lawsuit against Locast, the court just issued a disappointing ruling. We are evaluating our options and will keep you posted as the situation develops.
Here is what our legal team had to say:
Electronic Frontier Foundation:

"We are disappointed that the court ruled against Locast on its copyright defense. The court interpreted the law in an artificially narrow way. Congress wrote copyright’s nonprofit retransmission exception to make sure that every American has access to their local broadcast stations, and expanding access is exactly what Locast does. This ruling that nonprofit retransmitters can’t use viewer contributions to expand access will do the opposite of what Congress intended. Over 3 million people use Locast to access local TV, including many who can’t afford cable and can’t pick up their local stations with an antenna. This ruling threatens their access to local news and vital information during a global pandemic and a season of unprecedented natural disasters. And it treats copyright law not as an engine of progress but a moat protecting the privileged position of the four giant broadcasting networks."

R. David Hosp, Partner Orrick, Herrington & Sutcliffe:
"We are disappointed in the ruling today and disagree with its conclusions and reasoning. Our client is in the process of evaluating the decision and formulating next steps. Locast provides a valuable service to its over 3 million users who are otherwise unable to access the over-the-air broadcasts to which they are entitled by virtue of their location or economic circumstances. Our client remains committed to its mission of delivering free, local broadcast TV service to all Americans, and particularly for those consumers who can’t afford pay-TV services like cable, satellite, or streaming, or who can’t get their local broadcast channels using an over-the-air antenna."
 
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ty1273

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As I previously mention Locast is done. The non-profit thing did not work. You can't steal someone's copyrighted material without permission. It's simple, Locast did that and they are going to be shut down. Surprised they lasted this long but in the end the broadcasters would win and Locast shutdown.
 
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primestar31

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Our client remains committed to its mission of delivering free, local broadcast TV service to all Americans,
That's the lie, right there. It's NOT FREE if you have to pay for it, LOCAST. Your every 15 minutes dunning for money & throwing people out of the app makes it NOT FREE, because it makes it impossible to watch without PAYING. While I'd love a chance to legally subscribe to them as backup, they aren't offered in my DMA.

They are done with this ruling, bet on it.
 

mwdxer1

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That's the lie, right there. It's NOT FREE if you have to pay for it, LOCAST. Your every 15 minutes dunning for money & throwing people out of the app makes it NOT FREE, because it makes it impossible to watch without PAYING. While I'd love a chance to legally subscribe to them as backup, they aren't offered in my DMA.

They are done with this ruling, bet on it.
It is FREE. That is totally true. It is up to the viewer to pay $5 to get rid of the reminders. HBO is not free, as you cannot get any programming without paying. Locast is free as you can get your locals.
 
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NYDutch

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That's the lie, right there. It's NOT FREE if you have to pay for it, LOCAST. Your every 15 minutes dunning for money & throwing people out of the app makes it NOT FREE, because it makes it impossible to watch without PAYING. While I'd love a chance to legally subscribe to them as backup, they aren't offered in my DMA.

They are done with this ruling, bet on it.
Under the non-profit copyright exemption law, Locast is permitted to assess fees necessary to maintain and operate the service. And the argument that Locast is illegally using donations to expand the service doesn't fly in my non-lawyer opinion. PBS is a good example of a non-profit service that has used millions in donations to expand their service to more stations. They didn't start with ~330 stations.

I expect this case could go on for quite some time before it all gets hashed out and any appeals are adjudicated...
 
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