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Discussion in 'General DISH™ Discussion' started by James Long, Oct 20, 2006.
The law does not state a specific remedy for your case. It did in this instance.
There could be no settlement even if ALL parties agreed as pointed out by JL and many others. That is why HR6384 was introduced. It amends the law to alow a remedy after an injunction has been issued.
All those responses from our elected reps stated they are hopeful that the issue would be settled between the partys in the suit but the LAW did not alow a settlement. I belive that if this gets passed there will be no need for the satellite protection act, as this amendment would allow the settlement.
On second thought now that NPS is in the picture I do not see any of the parties talking settllement.
Settle for $75K and then give $70K to your lawyers, leaving you with $5K.
That was the entire misinterpretation.
Because Dish Network was found guilty in a court of law, there is no "settlement". Sure, when it comes to patent infringement cases and the like, once guilt is established a settlement can be reached.
However, in this case, because the Court of Appeals found a pattern or practice of willful violations, the special provision in the law kicked in. A permanent injunction must be issued.
Because the Court of Appeals needed to hand the case back to the lower court and tell the judge to issue an injunction, the lower court had no choice other than to issue the injunction.
A settlement cannot trump either of the last two paragraphs.
Those damn lawyers!!!!!!!:grrr: :grrr: :crying_sa
A little clean up in Florida ...
Apparently Judge Dimitrouleas had not actually ruled against the motion made back on November 29th for an order to show cause. He ruled against the later clarifications and discovery requests on 12/18. Today he ruled against the initial motion.
No notes on the Plaintiff's appeal of this yet. The first hurdle at the supreme court for E*'s appeal of the injunction is tomorrow when the court will look at the filings so they can decide whether or not to accept the case.
The National Association of Broadcaster certainly played hangman with Charlie Ergen and his little Boo-Boo with distant networks. Oh, Boy, I wish I was there to see David K. Rehr and N.A.B. have the moose with Charlie Ergan of E*. And by all means the Florida judge almost played his violin to DISH Network. It almost over. Distant networks with NPS FOR MY motorhome and trailer. XM and Sirius in my home and car.
Judge D* certainly ruled against the Floridie-Lordie concert of concert or comtempt. I hope Supreme court judge Clarence Thomas rules in favor of un-served and R.V.'RS TOO..
A DirecTV guy got ticked off with DirecTV HR20-700 hd dvr unit, and got fed up. Plan to switch to DISH NETWORK.. I found nothing wrong with my home DirecTV hr20-700 hd dvr unit. Because of NFL SUNDAY TICKET, I have it in 2007 and 2008. The video is a little crappy, but not noticeable. I planning to DISH IT UP-R.V. with Dish Network for R.V. AND HI DEFINITION DISTANT NETWORKS.. and DISH NETWORKS VIP 622, is the next receiver, I will get. I hope no phone line is reguired on Dish Network VIP 622 dvr.. DirecTV DVR can't pick up DISTANTS, only local HI DEFINITION locals.
I know there is still a issue, with TIVO AND DISH NETWORK, but maybe if E* can go along with TIVO AND AGREE to a contract with E*, I bet TIVO will build receivers for Dish Network on DVR'S.
FINNALY, MEDIACOM and Sinclair will not agree to a contract for retransmission consent. I figured Dish Network will gain a bunch of subs.. But when January 1st, 2009 fastly comes, DISH NETWORK better think about, getting HD local's up and consider a goal of only to west coast hd locals to area's involved in mountain regions, like San Diego, San Francisco, San Luis Obispo, Bakersfield, Las Vegas, Reno, Redding, Sacramento, Eugene, Medford, Portland, Seattle, Billings, Spokane, Yakima, Walla Walla, Boise, Cheyenne, Denver and other City surround bye mountains. Atleast they can do west coast, surround by mountains and east coast hd locals. Federal Government created wasted bandwidth, and it's running DISH NETWORK into the ground. HAPPY NEWS YEARS..
Hi James, I have been fallowing this distant network thing from DBSTALK.COM since Sept. 1st. By any chance, Did the U.S. Supreme court hear the case, or did E* go home and said forget it. I kinda of thought maybe there be something today, since Mr. Ergen was getting it overturn. Or did any action come from congress?. Thanks R.V. CODMAN.
We are likely to hear whether or not the Supreme Court will accept the case in a few days. You can check here at the court for status. If the Supreme Court decides to deny this petition it is over for E*'s appeal of the injunction. (I'll post here if I know anything new.)
The Plaintiffs appeal of the decision against them on the NPS issue is another issue (and will be covered in the NPS thread when there is action).
Congress is just finding their seats. We need to keep an eye out for press releases more than anything to find out if anyone tries to save distants. I suspect that there will be a couple of different bills filed to fix the SV and other 'local distants' that went away with the national distants for E*. Congress pushed to get their 'special areas' covered in 2004 ... I can't see them not trying to get SV back for E* customers.
The NPS arrangement has pretty much made returning national distants to dish a moot issue. E* has by contract left the distants business -- but they do (in that contract) reserve the right to offer SVs. Now all E* needs is government permission.
E* is also taking the final steps to remove distants from the system. The 240 range channels are going away. Perhaps they will move NPS distants there (that would be nice for them) perhaps not. Being in the 5700's does help demonstrate that they are a separate service (like SkyAngel in the 9700's). Putting NPS distants on the old E* channel numbers would only serve to annoy the plaintiffs ...
But if the channel numbers are available why not move them? E* certainly doesn't seem to be afraid of annoying the plaintiffs and they have a judge's ruling that the NPS service is permissible under the injunction. It is a toss up, but I would not be surprised to see NPS distants on 241-248 in a few weeks.
Updates, as always, as events warrant.
The Ball will roll next week then, I have had Dish Network for 8 years, and I will do a motorhome-fifthwheel trailer DISH IT UP-HI DEFINITION. I am consider a un-served subscriber with Dish network, Waiting for NPS to approve my distant networks. Dish Network should have required waivers for distant networks before December 31st, 2004. If they would have done that, I would have gladly helped my provider out. Dish Network is one of the best satellite providers around. I feel bad for Mr. ergen and I appreciate the available program.. I have had Distants for almost 8 years in my R.V. I will never switch to another provider, except get two DISH VIP 622 with no phone hooked up for 12 month, but provide electricity for R.V. to keep both hd receiver on the 119 west longitude, for daily upgrade.
Thank You for being so informative, If we can kick the National Association of Broadcasters-David K. Rehr but, 2007 would mean subs and Dish could Provide wasted bandwidth in hi defintion, but I geuss, if legislation would be fair to Dish Network, Then people may have any waste band Width of H.D. networks by DISH.
Yes, Video on Demand is endanger of being cutdown by the National Association of Broadcaster, Dishing up poop.. I wish federal would stay out of video on demand personel hdtv. I will be getting two Dish Network vip-622 D.V.R. video on demand. Ofcourse DVR'S are programable not to record ABC,NBC, CBS OR FOX., since David K. Rehr and N.A.B. is a !pu****! . They don't care and there hurting consumers. I check N.A.B. site, where it mentioned radio advertising was at it's best during November, no mention of December. Didn't say anything about tv. I know once people have that hdtv D.L.P., THEY NEED TO GET A DISH VIP-622 HD RECEIVER WITH DVR.., I LOVE COMMERCIAL FREE MUSIC FROM XM SATELLITE RADIO AND SIRIUS SATELLITE RADIO, AND MY COMMERCIAL SERIES ONE TIVO, SOON TO BE SERIES 3 TIVO, FOR ALL HI DEFINITION PROGRAMING. XM radio is going hi definition, this year with watercolors or xm hitlist as one of them and the heat as the other for hi definition audio. Sirius has bunch of hi definition audio channel taking aim. Buy your hi definition hd satellite radio kit
Congress had a ton of people bug them with the loosing of there distants. The FOX NETWORK was on the paper, with Dish Network and there lawyers.. satellite tv, then satellite radio. N.A.B. LAWYERS.. JAMES LONG REPLY TO U.S. SUPREME COURT.
See new thread for discussion of rec9140's suggestion ...
SCFAPA 2007 - One way to replace SHVERA etc
Let's keep this thread focused on E*'s legal issues with the injunction. Thanks.
With the Roberts' Court hearing fewer cases than any SCOTUS ever has, I'd be very surprised if they granted writ in this case. I can't see them bothering with this, for it does not, IMHO, raise any "substantive federal issue."
A reminder that the current Supreme Court case is ONLY a review of the appeals court action in mandatating the injunction and their other corrections of the lower court. The Supreme Court is not dealing with the settlement issue or NPS.
The 2nd issue open is the Plaintiffs appeal of the recent lower court ruling against them on NPS. That is just starting at the appeals court and is no where near the Supreme Court level.
EchoStar Rejected by U.S. Supreme Court on Network Programming
Thanks JohnH for finding that and posting.
The further distants issues raised in this thread are more suited to the more general Legislative and Regulatory Issues forum. Those recent posts have been placed there in a new thread:
General Distants discussion (related to E*/NPS and the injunction)
A new thread will start if/when there is more activity. (The only place to watch now is the appeals court.)
Thanks everyone for following the injunction story here at DBSTalk!
As expected, the last word on the injunction comes from the courts.
Here is the Appeals Court acknowledgment of the Supreme Court's decision not to hear the case.