SatelliteGuys Makes The Court Case

If I may contribute something, I have just read the emergency injunction, and although I'm not a lawyer, these are the two legal points they are trying to make:

"Defendants may not nullify a decree by carrying out prohibited acts through aiders and abettors, although they were not parties to the original proceeding"

"An instigator of contemptuous conduct may not absolve himself of contempt liability by leaving the physical performance of the forbidden conduct to others."

BUT, there is one HUGE FLAW in their logic:

The "prohibited act" here is NOT that E* CUSTOMERS should be barred from receiving Distant Broadcast signals.

The "prohibited act" is that E* is barred from PROVIDING these signals.

My opinion is, CBS, et al, YOU LOSE!

Hey, works for me - go ahead and hang that shingle out there.:D
 
Hey they mention in the document that NPS is leasing space from Echostar, but yet they fail to mention that the third DBS provider in the country (SKY ANGEL) does too. So, in theory, echostar can argue back using Sky Angel as an example, where they have set up agreements with other companies to sublease there transponder space in the intrest of independant programming.
 
Goaliebob, in that case the logic is a little floor since Sky Angel (Dominion) owns the transponder licenses, not Dish.

But everything else is the same.
 
Hey they mention in the document that NPS is leasing space from Echostar, but yet they fail to mention that the third DBS provider in the country (SKY ANGEL) does too. So, in theory, echostar can argue back using Sky Angel as an example, where they have set up agreements with other companies to sublease there transponder space in the intrest of independant programming.
wroooooooooong sky angel OWNS the transponders..charlie is LEASING from SKY ANGEL
 
"...sky angel OWNS the transponders..."

Actually, Echostar owns the transponders. Sky Angel owns the transponder LICENSES.
 
I just read the linked pdf to the court papers filed and they used my quote about Charlie playing poker and playing the royal flush for his hand.

Scott sue them for copyright infingment LOL :p
 
Well, here is my opinion...

I always believe that everyone is entitled to their opinion.

I am curious as to why you are so against the freedom of choice, when you say that broadcasting is your hobby?
Freedom of choice is wonderful, but it needs to be done within the "legal framework" outlined in the Constitution. Many people do not like the laws pertaining to DNS/Satellite, but they must be obeyed nonetheless. DirecTV played by the rules whereas EchoStar did not - they were such a flagrant and repeated violator that the courts had no other recourse than to terminate DNS to all their customers. Does it suck for the customer? Sure, but customers legally entitled to receive DNS need to complain to Dish Network and hold them accountable.

If a terrorist were to committ a violent act and kills hundreds of innocent people, would you argue that it would be unjust to imprison this individual because it would create a hardship for his children. No! You would execute the laws that the are on the books...and probably execute the terrorist as well. In this case, Dish Network is the evil terrorist and the laws pertaining to DNS qualification have been on the books for years. You may not agree with them (I have problems with them too), but they are the laws that have been both introduced and approved by our legislators.

Here is an example: I was heavily involved with changing Cable Franchise laws here in the Commonwealth of Virginia. Although Verizon, Cavalier Telephone & TV, and other potential providers did not like the existing laws that protected the cable monopolies and made a new entrants forray into a cable market a multi-year effort, these companies did not simply ignore the laws. Instead, they joined forces, formed Coalitions, hired lobbiest & lawyers and a public relations firm, and went about the business of changing the law. Again, what they did was lawful. What EchoStar did was unlawful...again, and again, and again, and again. (there is a pattern here!)

There are choices....DirecTV, Cable, and Canadian are just a few. Hmmm. After looking at all the Front Page headlines, there is only a single mention of choice being mentioned, "DirecTV Offers To Help Dish Customers". What about other cable, satellite and IPTV options? There is no mention of Comcast offering a "Ditch the Dish" promotion whereby customers receive digital cable, Starz, Showtime, and HBO all for $29.95 for 12 months (to include locals). Another choice is for SatelliteGuys to get off the Charlie Ergen bandwagon and start reporting some real "Breaking News" like why Dish Network took such a mindless gamble at the expense of their customers? Why can't EchoStar play by the rules like everyone else? Yes, we need at least a small measure of objectively to return to this site. As much as I have enjoyed SatelliteGuys ability to remain objective in the past, you guys are falling on your collective asses...Big Time!...when it comes to this issue. Honestly, it is as though Charlie Ergen is the puppetmaster and SatelliteGuys has become the Dish Network talking puppethead.:(

I am only hostile when I am personally attacked for my opinion. The goal of these boards is to help the community.

My opinion is that Dish Network will fight against anything or anyone when it comes to their way of life. Everyone should be looking out for themselves, and Dish Network does that to a T.

How many people might be on a commitment contract, and will now have a hell of a time trying to get out of it as both their distant networks and their distant CBS HD should be gone as of today? Dish Network will now look out for themselves, and try to paint anyone that wishes to leave as "breaking service".

I've been telling everyone that Dish Network would lose CBS HD. I was told, "but that is offered on a separate contract." I told them the contract was a blanket waiver, but then told by the doubters to prove it. I explained how this "contract" was only for zip codes in markets where CBS owned the station, and only for the zip codes that were not in reach of another CBS affiliate's transmission. The whole contract smelled of blanket waiver.

I was wrong. I was wrong. I was wrong.

No, I wasn't.

So many people here wear the Ergen-colored glasses, and even when presented with the information, refuse to stop staring through those glasses.

I therefore get a little hostile, especially with my track record here.
I agree 100% Greg. I understand that SatelliteGuys is trying (with trying being the operative work in this sentence) to look after members interests. Unfortunately, I feel they have lost all objectively regarding the DNS issue; in fact, this site has turned into the "Charlie Ergen/ Dish Network Propaganda site in my opinion. People can freely disagree with the current laws pertaining to DNS, but SatelliteGuys Staff should not side with lawbreakers...and at least TRY to remain objective in these matters. Heaven help anyone on this site who doesn't accept Charlie Ergen as the Messiah, and stick pins in the E* provided NAB Voodoo doll while they speak in tongues & dance around the bubbling caldron.:rolleyes:

Again, why isn't SatelliteGuys holding EchoStar accountable for losing DNS? Yes, customers are losing DNS because Charlie Ergen is at fault; he is 100% to blame in this matter and his cronies are equally culpable. DirecTV played by the rules and they don't have this legal problem! E* is so busy fighting (and losing I might add) courtroom battle after battle (does Tivo ring a bell?) that it has affected a number of service enhancements that have failed to materialize this year: CinemaxHD, RSN HD, USB Storage, etc., etc., etc.

I just read the linked pdf to the court papers filed and they used my quote about Charlie playing poker and playing the royal flush for his hand.
Unfortunately, the only ones being flushed are the loyal, bill-paying, customers...and screwed royally!
 
While I see E* and the networks fighting with each other in their own interests. What about the customers interests? Aren't the courts supposed to be based on the majority interest of the people? When you make an injunction against a company you're not only affecting the income of that company, but also the service the customer is being provided and has asked for. I feel that many of these courts are not representing the people and their interests.

Also, I feel that in order to prove that Echostar is in contempt the plantiff would have to prove that Echostar is benefiting from NPS offering distant networks. The only way I can see that Echostar is benefiting is from the lease income. However, that is null because the contract doesn't state that the leased transponder is specifically for the transmission of distant networks. Therefore, the only people benefiting from this is NPS and its customers. Is it wrong for Echostar to help the customers who are most likely irritated by the courts decision by pointing them to someone who can help? Absolutely not.
 
I just read the linked pdf to the court papers filed and they used my quote about Charlie playing poker and playing the royal flush for his hand.

Scott sue them for copyright infingment LOL :p

Any information that is posted here should not be allowed in court. The information here is purely the expression and opinion of the people that use the board and not that of anyone in the case. Just think of this as a constantly updated multi-user blog. Blog's are not submissible as evidence!
 
Also, I feel that in order to prove that Echostar is in contempt the plantiff would have to prove that Echostar is benefiting from NPS offering distant networks. The only way I can see that Echostar is benefiting is from the lease income.

They are benefitting by not losing customers who would abandon them for an alternative. Sure you can get your locals from cable, but why would you stop there?
 
They are benefitting by not losing customers who would abandon them for an alternative. Sure you can get your locals from cable, but why would you stop there?

Them not losing customers is all entirely coincidental. At least that would be my argument if I was Dish. In the view of a customer, I wouldn't want to have to throw away my equipment, sign a new contract with a new provider, what if I'm still in a contract with Dish? I want the easiest and most pain free way to get my distants. NPS has provided that posibility and both NPS and Dish benefit equally from this new setup but they do it completely seperately. The networks also want to reclarify and add to the permanent injunction that distant networks cannot be transmitted on any of E*'s satellites. Hmm... that's just wrong.
 
I looked at the documents and all I can say, There are a lot of lawyers involved getting paid big bucks.
Why do you think they keep fighting and fighting? It's to keep getting paid.

These lawyers working on this for the NAB are some of the best "White Shoe" lawyers out there.
 
There are choices....DirecTV, Cable, and Canadian are just a few. Hmmm. After looking at all the Front Page headlines, there is only a single mention of choice being mentioned, "DirecTV Offers To Help Dish Customers". What about other cable, satellite and IPTV options? There is no mention of Comcast offering a "Ditch the Dish" promotion whereby customers receive digital cable, Starz, Showtime, and HBO all for $29.95 for 12 months (to include locals). Another choice is for SatelliteGuys to get off the Charlie Ergen bandwagon and start reporting some real "Breaking News" like why Dish Network took such a mindless gamble at the expense of their customers? Why can't EchoStar play by the rules like everyone else? Yes, we need at least a small measure of objectively to return to this site. As much as I have enjoyed SatelliteGuys ability to remain objective in the past, you guys are falling on your collective asses...Big Time!...when it comes to this issue. Honestly, it is as though Charlie Ergen is the puppetmaster and SatelliteGuys has become the Dish Network talking puppethead.:(

I agree 100% Greg. I understand that SatelliteGuys is trying (with trying being the operative work in this sentence) to look after members interests. Unfortunately, I feel they have lost all objectively regarding the DNS issue; in fact, this site has turned into the "Charlie Ergen/ Dish Network Propaganda site in my opinion. People can freely disagree with the current laws pertaining to DNS, but SatelliteGuys Staff should not side with lawbreakers...and at least TRY to remain objective in these matters.

Again, why isn't SatelliteGuys holding EchoStar accountable for losing DNS? Yes, customers are losing DNS because Charlie Ergen is at fault; he is 100% to blame in this matter and his cronies are equally culpable.
It really has gone overboard. I keep reading about giving customers "freedom of choice" but the choice is "get their distant networks from Dish" and that if this is what consumers want, Dish should be allowed to offer it, any and all laws be damned !
 
Why do you think they keep fighting and fighting? It's to keep getting paid.
So the lawyers found this possible violation and approached the networks about fighting it ?? Kinda like ambulance-chasing lawyers..... Ummmm, NO, the networks almost certainly retained the attorneys. Sounds like you're shifting the blame to the lawyers now ... anyone other than Dish.
 
Freedom of choice is wonderful, but it needs to be done within the "legal framework" outlined in the Constitution. Many people do not like the laws pertaining to DNS/Satellite, but they must be obeyed nonetheless. DirecTV played by the rules whereas EchoStar did not - they were such a flagrant and repeated violator that the courts had no other recourse than to terminate DNS to all their customers. Does it suck for the customer? Sure, but customers legally entitled to receive DNS need to complain to Dish Network and hold them accountable.

Unfortunately, the only ones being flushed are the loyal, bill-paying, customers...and screwed royally!
Well, I read your rant and I think we all know your opinion of E* and Charlie Ergen. My question is this, why should the networks and the NAB object to (or be harmed by) a third-party providing DNS to legal, qualified subscribers?
 

SF vs Sacramento Locals?

Does E* offer CW HD?

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