I'm sorry, but folks who compare nimbleTV with Aereo are comparing apples with pears. You're not the only one, James, though there may be fewer people who would also say that those two very public, self-promoting companies "work in the shadows".
If they cannot say HOW they legally operate it casts a shadow on their business. Both companies. We only learned more about Aereo due to the lawsuit against them.
NimbleTV is based on the (overly simplistic?) idea that you can purchase a full-price subscription from some pay-TV provider somewhere, then nimbleTV will store your recordings in the cloud and deliver your service over the internet. Since the pay-TV provider is adding another fully-paid subscriber it might not get otherwise, everybody ought to be happy, right?
Can you or anyone else prove that DISH was getting another fully-paid subscriber out of the deal. IIRC it was your claim that you could record nine programs at the same time. Were you paying enough extra receiver fees to cover nine outputs?
NimbleTV needs to PROVE, out of the shadows, that they are a 1:1 reseller and not an account stacker. Not one of those resellers that DISH worked to shut down a few years ago who would install some receivers in one house and some receivers in another ... set up one account with DISH then bill each customer close to full price, pocketing the difference between the individual subscriptions and a stacked subscription with extra receivers.
Can anyone prove that there was one fully paid DISH subscription per NimbleTV subscriber?
If all NimbleTV was doing was extending each subscriber's own personal receivers over the Internet (the way a Sling enabled DISH receiver works for regular installations) you wouldn't have missing channels. You would not have a subset of a full subscription.
It sounds more like NimbleTV had an MDU type setup where a bank of receivers is used and the channels are remodulated to reach TVs. But instead of reaching TVs in hotel or dorm rooms they fed encoders so they could stream the content online or store it for customers. Not exactly fully paid DISH subscriptions. Do you have prove that they were 1:1?
Aereo really uses banks of teeny OTA antennas, a strategy it deliberately developed and promoted to comply with IMHO goofy copyright laws. If I can watch my local TV from my rooftop antenna via DIsh/Sling in another city, why can't I watch through a different OTA antenna via Aereo?
The way the case is going you probably can ... at least within the market that those locals are supposed to be viewed in. When Aereo offers service in cities where they are not receiving signals the other shoe will fall.
I would not be surprised to see the loophole closed when the retransmission laws are renewed. As online streaming becomes a bigger part of distributors revenue they will be sure to protect their income.
Why did Dish pull the plug? The stated reason was apparently confusion over being an unauthorized reseller, but my guess is more in agreement with James' earlier comment on programmer contracts. Dish might not have minded turning a blind eye as long as cash trickled in and no one else cared, but maybe something caught a programmer's notice. Maybe it was something in a blog somewhere.
So it was all your fault?
If NimbleTV were allowed to stand what would stop them from putting receivers in across the country to pick up out of market sports? DISH's lack of HD sports channels?
DISH has spent years looking for resellers not following the rules. Shutting down bad resellers is not news. It was just NimbleTV's turn.