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Posts with tag legal
Why does it seem that Charter, out of all the cable carriers in the world, finds itself intertwined with so much mischief? The latest forehead-pounding episode is actually a two-fer, with gripes arising from Reno, Nevada and a rural section of North Carolina. In the Silver State, Charter is apparently looking to pull four public access channels to retrieve bandwidth for the launch of 12 new digital channels. The company's George Jostlin proclaims that the "majority of consumers are calling it on a daily basis and asking for more HD / digital programming," but the City of Reno has announced its intentions to sue the provider if an agreement can't be reached on the matter by next Wednesday. Across the country in McDowell County, NC, Charter is catching flack for wanting to strip Marion of its information channel (and combine it with the county's government channel) in order to add three HD stations. We like the intentions here, but seriously, you folks should work on the execution.
The process took over a year, but it looks like common sense prevailed in Cablevision's appeal of its network-DVR copyright infringement case. You might remember that Cablevision had planned to roll out "remote-storage" DVRs a couple years ago that would play programs off Cablevision servers instead of storing shows locally, but shelved the plan when the networks sued over the concept, claiming that separating content storage from playback would essentially constitute rebroadcast and infringe on their copyrights. The networks won the first round, but it seems like the technical distinction between local and remote storage wasn't enough to convince the Second Circuit Court of Appeals that Cablevision was "broadcasting" anything -- the court just lifted the injunction barring Cablevision from supplying remote DVRs to its customers. We're still big fans of managing our own content locally, but this is definitely a win for the consumer, as it'll mean cheaper equipment costs and hopefully a larger selection of media available on demand -- too bad we're also betting that the networks will try and appeal this one to the Supreme Court.
You may not remember so vividly the fiasco surrounding Comcast's data meddling ways unless you were directly affected, but FCC chief Kevin J. Martin is looking out for us all by backing sanctions against the carrier in a stand for net neutrality. Essentially, Mr. Martin isn't asking that Comcast be fined; rather, he wants the provider to "change its practices and give the commission more details on what it did in the past." Essentially, he's aiming to establish a standard that will "make it difficult for an ISP to discriminate against users based on what they want to do online," which we couldn't possibly support more. Of course, there's nothing saying that sanctions will indeed be levied against Comcast, but whatever happens, we'd love to see a precedent set that forbids providers from tampering with those 1s and 0s.
While Verizon and AT&T try to work their FiOS and U-verse services into new areas, the US Court of Appeals for the Sixth circuit in Cincinnati handed them a victory today by ruling that the FCC's new rules setting time limits for local authorities to act on new franchise applications are within its authority. The new ruling at the heart of the debate gives local jurisdictions 90 days to act on apps by providers that already have access to city land to run connections, and 180 days for new entrants to citeis or towns, and bar them from mandating new requirements the FCC finds unreasonable, like building a community swimming pool. While we're big fans of municipal pools, we're also into competition and consumer choice, so if you've been waiting to get TV via telco breathe easy knowing the path just got a little smoother.
If you had a sneaking suspicion that somewhat just wasn't right when all 15 of the VOOM HD networks suddenly vanished from DISH Network's lineup, um, you were right. Apparently EchoStar (now DISH Network) and VOOM Networks had inked a 15-year deal in 2005 that would give the latter "a license fee of $3.25 a month per HD subscriber receiving VOOM." Now, VOOM has "filed an amended complaint against EchoStar, claiming it will suffer more than $1 billion in damages." More specifically, it notes that "EchoStar had no right to terminate the affiliation agreement on the basis of a trumped-up and pretextual claim of breach simply because it no longer liked the deal it struck." As expected, EchoStar is remaining mum on the subject, but its ex-partner is seeking "substantial damages in an amount to be determined at trial." This one could get real ugly, and fast.
The timeshifting DVR patent that's been at the core of TiVo's closed-but-not-quite-closed lawsuit with DISH / EchoStar is being contested yet again by the very same company. Not content just appealing to the Supreme Court regarding the Federal Circuit's ruling against a rehearing for the last case, DISH / EchoStar has started up a whole new lawsuit against TiVo, requesting a Delaware court find the new version of their DVR software does not infringe TiVo's patents -- presumably as an embittered and pre-emptive measure before TiVo could kick off its inevitable next suit. Don't worry if you're confused as all hell, so are we -- the point is, despite the fact that decisions have been made and rulings handed down, these two companies are still managing to sue, re-sue, and counter-re-sue one another.
If it wasn't already perfectly clear by now that Monster Cable's cables aren't really worth the price (or any price above the cost of a coat-hanger), and that they're only using those bloated markups to perpetuate their reputation as money-grubbing lawsuit-happy snakeoil peddlers, we'd call your attention to their latest target: Monster Mini Golf, a chain of glow-in-the-dark mini-golf courses based out of Rhode Island. Apparently Monster Cable claims that the Monster Mini Golf brand is confusing to the public and dilute their trademark. Of course, this suit isn't really any more absurd than their suits against Monster.com, the Chicago Bears (aka the "Monsters of the Midway"), or the Pixar film Monsters, Inc. -- that is to say, it's equally and completely ridiculous. But hey, when you're making 1000%+ margin on merch, you can only swim in entire pools of liquid gold so long before seeking out the thrill only found in wasting taxpayer dollars on frivolous lawsuits.


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