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Author Topic: TV Networks Sue Dish Network  (Read 3637 times)

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Offline CaseAgainstFaith

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TV Networks Sue Dish Network
« on: May 25, 2012, 11:27:48 am »
[blockquoteOkay, we had expected the TV networks to possibly take legal action against DISH Networks for its new Auto Hopper technology, which allows DISH subscribers who use the Hopper feature (which records all prime time shows from the four major networks) to autoskip commercials, if they watch shows in the days after they originally air. It wasn't a surprise that the TV networks didn't like this at all, but could they really make a legal argument that skipping commercials was against the law? We've all heard the story of former Turner Broadcasting exec Jamie Kellner claiming that not watching commercials was "theft," but do the networks actually think there's a legal basis for such claims?

It appears they do. Though, the legal arguments are insane.

What's scary, however, is that the TV networks appear to be using this lawsuit to claim that skipping commercials is copyright infringement.

Where the filings go really off the wall is in basically saying that skipping commercials is infringement. They do this in the sections on "inducement," wherein they suggest that, even if DISH doesn't directly infringe, it is is inducing infringement by offering the auto commercial skip feature to users.[/blockquote]

http://www.techdirt.com/articles/20120525/04185919074/tv-networks-file-legal-claims-saying-skipping-commercials-is-copyright-infringement.shtml

What the hell.  How is being able to skip commercials copyright infringement?  I just don't get this.  Well I guess all I have to say is good luck dumbasses.  I doubt you could actually prove skipping commercials is copyright infringement of any kind.
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Offline Fpqxz

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Re: TV Networks Sue Dish Network
« Reply #1 on: May 25, 2012, 11:53:11 am »
Totally frivolous argument.  If the networks' lawyers are dumb enough to actually file suit, I hope the judge assigned to this case sanctions the hell out of them.
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Offline ironbite

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Re: TV Networks Sue Dish Network
« Reply #2 on: May 25, 2012, 11:56:58 am »
DAH HOPPAH!
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Offline Witchyjoshy

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Re: TV Networks Sue Dish Network
« Reply #3 on: May 25, 2012, 12:28:10 pm »
]

Here, you appear to have dropped this.

Joking aside, it appears copyright infringement has become the new communism...
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Offline Cerim Treascair

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Re: TV Networks Sue Dish Network
« Reply #4 on: May 25, 2012, 12:51:47 pm »
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Offline erictheblue

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Re: TV Networks Sue Dish Network
« Reply #5 on: May 25, 2012, 01:06:12 pm »
I'm not going to address the legal argument, simply because I have never studied (and have no interest in) copyright law. That said...

I really don't see the difference between skipping commercials and fast-forwarding (which has been available since the release of VCR's in the 80s). I guess you could argue that when fast-forwarding, you see the commercials (just not well), but even then, that argument seems weak, given how fast you can fast-forward on a DVR.
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Offline Thejebusfire

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Re: TV Networks Sue Dish Network
« Reply #6 on: May 25, 2012, 03:51:08 pm »
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We've all heard the story of former Turner Broadcasting exec Jamie Kellner claiming that not watching commercials was "theft,"


So, getting up and going to the bathroom or changing channels is wrong now?
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Offline ironbite

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Re: TV Networks Sue Dish Network
« Reply #7 on: May 25, 2012, 04:31:33 pm »
yep and you should be persecuted to the full extent of the law.
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Offline Her3tiK

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Re: TV Networks Sue Dish Network
« Reply #8 on: May 25, 2012, 05:47:23 pm »
Quote from: ironbite on May 25, 2012, 04:31:33 pm
yep and you should be persecuted to the full extent of the law.
How about prosecuted? That might be more appropriate.

I don't have a TV, but when whichever video stream I use online has a commercial, I hit the mute button (because the same damn commercial 10 times in a row is so much fun...). Guess that makes me a thief or something.
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Offline ironbite

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Re: TV Networks Sue Dish Network
« Reply #9 on: May 25, 2012, 06:47:19 pm »
No it's what I said.  BECAUSE THERE ARE NO LAWS FOR SKIPPING COMMERCIALS!
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Offline RavynousHunter

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Re: TV Networks Sue Dish Network
« Reply #10 on: May 25, 2012, 08:21:48 pm »
What is this fuckery?  I'm no lawyer, but I don't think there's a cogent, coherent, or even clear-sighted argument one could make in favor of deeming commercial skipping copyright infringement.  Clearly, the klutzes could take a conking.
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Offline CaseAgainstFaith

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Re: TV Networks Sue Dish Network
« Reply #11 on: May 26, 2012, 02:20:04 pm »
And while I understand this is for the big networks (see local tv) maybe someone who is older than me can help me out here.  Didn't at one point maybe late 80s, when cable tv was brand new there wasn't any commercials then either right?  So wouldn't this be like going back to the 80s style tv watching should Dish Network get to keep their skipping DVR?
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Offline Smurfette Principle

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Re: TV Networks Sue Dish Network
« Reply #12 on: May 26, 2012, 10:35:29 pm »
Quote from: CaseAgainstFaith on May 26, 2012, 02:20:04 pm
And while I understand this is for the big networks (see local tv) maybe someone who is older than me can help me out here.  Didn't at one point maybe late 80s, when cable tv was brand new there wasn't any commercials then either right?  So wouldn't this be like going back to the 80s style tv watching should Dish Network get to keep their skipping DVR?

Yeah, the point of paying for cable was to make up for the lack of commercials. Basically, the payer was compensating the stations for the lack of revenue from sponsors.
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Offline StallChaser

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Re: TV Networks Sue Dish Network
« Reply #13 on: May 27, 2012, 05:59:02 am »
Fair enough, the ads pay for the free cable we all get, so it is kind of stealing.  Oh, wait, we don't get free cable at all.  I guess if you already pay a buttload of money for 198 channels you don't want, and two you do, you should have to pay for them a second time by watching all the ads.  Except you shouldn't.
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Offline Smurfette Principle

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Re: TV Networks Sue Dish Network
« Reply #14 on: May 27, 2012, 10:12:22 am »
Re: the channel thing - funny story about that. Whenever they consider passing new standards on cable companies that let customers choose their own channels and pay accordingly, it's always strenuously fought by evangelical Christians who know that if people aren't forced to pay for them, they won't buy their station.
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