[opendtv] Re: Viewers File Suit Over Bundling

  • From: Tom Barry <trbarry@xxxxxxxxxxx>
  • To: opendtv@xxxxxxxxxxxxx
  • Date: Wed, 26 Sep 2007 20:23:15 -0400

I offer you a wager of $10 the plaintiffs will not have to pay the legal costs of the defendants.


- Tom

johnwillkie wrote:
Without "standing", without "merit", without "a case", they are merely
whining in court.

They will find it impossible to reform the contracts, and it's important to
see who they could have sued, but did not.

One CAN own and DOES own a monopoly in a copyright.  That's the only
monopoly that is working here, and if you are so concerned about the
monopoly effects of copyrights, you should publish your Broadcast
Engineering columns here before they are published in the magazine.
Information wants to be free, right?  (And, arguably, your columns, on
occasion, do contain information.)

This is a cynical and futile attempt that will cause the plaintiffs to pay
the legal costs of the defendants.

The content creators and distributors "created the problem" by creating
their content, and you created the problem by wanting their content, but not
delivered the way they want to deliver it.  Funny that nobody has ever made
a penny in the alternative distro means you favor.  Me thinks the defendants
actually make money.

Why not whine that you can't watch youtube ripoff and samizdat video on your
cable system?  I guess that might harm the cable system.  So much better to
whine about the most popular programming on cable, the stuff that many
people watch for free, yeah, complain about the free market, and ignore the
one that is charging monopoly rents to you.  Let me know the exact figure
that broadcast tv has cost you over your lifetime.

Aside from my former operation of a broadcast tv station, broadcast tv has
cost me $0.00 in my lifetime.  But, perhaps you are older, and your figure
is a bit higher.  Maybe $0.01 or less?

In the end, it's the content that is king, and -- aside from movies from
distant lands and a BBC show here or there, all the other content sucks. Put
another way, US media content is king in all continents of the world, save
Africa, which favors the sexuality and sensibility of Bollywood films.

John Willkie



-----Mensaje original-----
De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Craig Birkmaier
Enviado el: Wednesday, September 26, 2007 6:10 AM
Para: opendtv@xxxxxxxxxxxxx
Asunto: [opendtv] Re: Viewers File Suit Over Bundling

At 9:57 AM -0700 9/25/07, johnwillkie wrote:

Most of the defendants named have little or nothing to do with cable
distribution: they're suing the contracts between the programmers and the
distros.  Not being a party to the contract, they need to attack it on
"public policy" grounds, but all the public policies are against them.


They are going after the real problem. As I said in other recent messages, the distributors are merely the billing and customer service department for the media oligopolists.

You are correct that it would be useless to to attack this via the politicians - these are the guys and gals who created the problem and benefit from the current system.

The courts are the only avenue left to consumers, who are not willing to give up their content fix to teach the content oligopoly that the marketplace CAN work.

We will see what happens. If they picked the right venue for their suit they stand a good change of getting a ruling in their favor. But it could get sticky on appeal.

Regards
Craig

P.S. In the end it may not matter as technology has a way of bypassing the toll booths that oligopolies erect. ----------------------------------------------------------------------
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--
Tom Barry                  trbarry@xxxxxxxxxxx  



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