Distant Networks: ORDER OF PERMANENT INJUNCTION - Effective December 1st

**James Long** · 10-20-06, 04:31 PM

The Florida Southern District Court has spoken:

ORDER OF PERMANENT INJUNCTION
THIS CAUSE is before the Court upon remand by the United States Court of Appeals for the Eleventh Circuit. Pursuant to the Eleventh Circuit mandate [DE-995], remanding this case to this Court with instructions to enter a nationwide permanent injunction pursuant to the Satellite Home Viewer Act of 1988, as amended by the Satellite Home Viewer Improvement Act of 1999, it is

ORDERED, ADJUDGED AND DECREED that, effective December 1, 2006, Defendants Echostar Communications Corporation (d/b/a DISH Network), EchoStar Satellite Corporation, Satellite Communications Operating Corporation and DirectSat Corporation (collectively “Echostar”), their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with Echostar are hereby PERMANENTLY ENJOINED AND RESTRAINED from the secondary transmission, pursuant to the statutory license set forth in Section 119, Title 17, United States Code, of a performance or display of a word embodied in a primary transmission of any network station affiliated with ABC, Inc., CBS Broadcasting, Inc., Fox Broadcasting Company, or National Broadcasting Co. For the purposes of this permanent injunction, the terms “secondary transmission,” “primary transmission,” “primary network station,” and “network station” shall have the meanings given those terms in Section 119, Title 17, United States Code.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 20th day of October, 2006.

Emphasis is in original.

If you are looking for the now closed previous threads on the issue (for background) here they are:
Distant Networks: 9/12 Settlement Details and other court filings ...
September 15th-October 20th

EchoStar Settles Nine Year Litigation With ABC, NBC, CBS and Fox Affiliates (maybe)
August 28th-September 15th

FOX request for Distant Networks Injunction (NO INJUNCTION ISSUED)
September 1st/2nd

EchoStar Rejected by High Court Justice, Must Halt Distant Networks
August 22nd-September 1st

EchoStar Loses Distant Network Appeal
July 26th-August 8th

makman · 10-20-06, 04:50 PM

Crap.

I think it means no RV waivers too.

Mitch

boylehome · 10-20-06, 05:00 PM

Besides losing the DNS on Dec. 1. 2006 what if any, are E*'s plans to satisfy customers (other then the supplying new market Local into Locals)?"

**James Long** · 10-20-06, 05:08 PM

No Distants = No Distants regardless of waivers, RV exceptions, etc.

E* hasn't announced any plans ... they have not announced the court loss either. I suspect locals will be rolled out ASAP - beyond the 175 total they were shooting for.

The cynic in me says: "You'll probably get PPV coupons too.

"

Chris Walker · 10-20-06, 05:32 PM

Ok so now Dish, ABC, CBS, and NBC appeal the decision.

boylehome · 10-20-06, 05:42 PM

Quote:

Originally Posted by Chris Walker

Ok so now Dish, ABC, CBS, and NBC appeal the decision.

What benefits would result in an appeal? Would this extend the shut-off date? Most likely the Supreme will flush it as they pretty much told the lower court what to do.

minnow · 10-20-06, 06:10 PM

Chris Walker · 10-20-06, 06:22 PM

Quote:

Originally Posted by minnow

Wow !! I was 180 degrees wrong on this one. I thought for sure that because of all the last minute filings as well as the agreement with all but Fox that a settlement would be allowed. Holy Crap !! Never ever second guess what some judge is thinking. I still fail to grasp why the judge just didn't issue this back in August and save everyone involved all the wasted legal wrangling.
Well as for me, so long E*. I qualify for distants with Direct and I guess that's where I'll be heading.

I'd wait for the switch to be thrown before I go switching providers.

minnow · 10-20-06, 06:34 PM

minnow · 10-20-06, 06:46 PM

I read the entire decision. This judge is a real pip. His written decision stated that since the Appellate Court so ordered the nationwide injunction, he must follow the direction given. OK., I agree. But why allow all the parties to keep on babbling on and on. Why the hell didn't he just order the injunction back in August and be done with it. This judge wasted all the litigants time and money as well as take up valuable time from the Court itself. I'm sure there were plenty of other cases this Judge could of been spending his time on, instead of wasting everyones time on an issue that was decided the moment the Appellate Court demanded the injunction.

juan ellitinez · 10-20-06, 06:46 PM

Quote:

Originally Posted by minnow

Wow !! I was 180 degrees wrong on this one. I thought for sure that because of all the last minute filings as well as the agreement with all but Fox that a settlement would be allowed. Holy Crap !! Never ever second guess what some judge is thinking. I still fail to grasp why the judge just didn't issue this back in August and save everyone involved all the wasted legal wrangling.
Well as for me, so long E*. I qualify for distants with Direct and I guess that's where I'll be heading.

You will be better off going through a canadian "broker"

minnow · 10-20-06, 06:49 PM

**James Long** · 10-20-06, 06:53 PM

There will be an appeal ... whether it gets far is a question for the next court. The next court is the one who mandated the permanent injunction - and they can override their own mandate.

Plus there is action with the Supreme Court pending.

The judge was nice enough to delay this and set an effective date far enough into the future that E* is not going to have to wake up in the morning with all distants gone. One last chance to save distants?

s8ist · 10-20-06, 06:56 PM

ok, so what does this mean for the E* subscriber?

Ewingo401 · 10-20-06, 07:06 PM

I don't get it...how can Direc TV have distants but its illegal for Echostar to have them?

JohnH · 10-20-06, 07:16 PM

According to the Court, EchoStar did not play by the rules.

Badger · 10-20-06, 07:16 PM

Quote:

Originally Posted by s8ist

ok, so what does this mean for the E* subscriber?

It means if you have distant networks through E* they will be gone by December 1st even if you legally qualify for them. E* broke the rules now everybody loses!

JohnH · 10-20-06, 07:20 PM

Quote:

Originally Posted by minnow

I really don't want to play those games. Direct can get me the programming I want legitimately. E* played fast and loose with the rules and why should I now bend the law(or break it) because E* are a bunch of idiots.

Does DIRECTV offer Locals for your market?

jonsnow · 10-20-06, 07:26 PM

Supreme Court anyone?
Those two acts of congress are breaking the first admendment, they both
abridge the freedom of speech and go against the spirit of the declaration of independence
when it comes to pursuit of happiness and liberty and hampers states rights with the regulation of
the free flow of commerce.

Badger · 10-20-06, 07:33 PM

Quote:

Originally Posted by jonsnow

Supreme Court anyone?
Those two acts of congress are breaking the first admendment, they both
abridge the freedom of speech and go against the spirit of the declaration of independence
when it comes to pursuit of happiness and liberty and hamper the free flow of commerce between
states and counties.

That sounds nice but has no basis in fact.