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Fox attempts to block DishAnywhere

Posted on 6/27/14 at 5:48 pm
Posted by NELA LSU Fan
Member since Sep 2011
1167 posts
Posted on 6/27/14 at 5:48 pm
Using the recent Aereo decision as a basis, Fox has filed briefs to block Dish's remote viewing app, DishAnywhere. Dish's response is simply that since they in fact do pay the retransmission fees, there is no parallel to the Aereo case. Dish holds that not only are the retransmission fees paid, that the DishAnywere app merely enables their customers to connect to their home devices for remote access.

Since the assertions by Dish are totally accurate I would think Dish is in a strong position to successfully defend the use of the app. That said, no way to tell what SCOTUS might do. I'm becoming convinced that the networks are bed partners with the cable companies and try to stifle any new and innovative technology. At the least, the consumer is dead last on the food chain. I think Dish will fight this long & hard as it's a strong selling point - I certainly hope so.
Posted by drizztiger
Deal With it!
Member since Mar 2007
36951 posts
Posted on 6/27/14 at 7:22 pm to
Link for this, I'd like to read more.

Just from your post, Fox has no basis IMO.
Posted by NELA LSU Fan
Member since Sep 2011
1167 posts
Posted on 6/27/14 at 7:43 pm to
The gist of my original post is from a pay site but it's showing up around the tech news sites now. Here's a recap from one.

LINK

Edited to add: I noticed that's an older article - this BS has been ongoing (without much traction) but the new filing references the Aereo ruling, a new wrinkle. Better link:

LINK
This post was edited on 6/27/14 at 7:57 pm
Posted by drizztiger
Deal With it!
Member since Mar 2007
36951 posts
Posted on 6/27/14 at 7:59 pm to
Yeah, looks like this is more of a contract dispute between FOX and DISH more than anything else.

If DISH has a contract with FOX, they can't just do anything they want to IMO. They have to abide by the contract.
Posted by drizztiger
Deal With it!
Member since Mar 2007
36951 posts
Posted on 6/27/14 at 8:09 pm to
You added another link.

Here's my opinion on the matter. DISH has a contract with FOX and pays redistribution fees to FOX. IMO, that should allow them to service their customers and use the internet to redistribute the same content as they please. This is completely different than the Supreme Court ruling regarding Aereo.

This is only on the last link you posted.
Posted by NELA LSU Fan
Member since Sep 2011
1167 posts
Posted on 6/27/14 at 8:30 pm to
Using DishAnywhere is no different from viewing in multiple rooms in your home - except - it uses the Internet for transmission. When you log in remotely you are actually watching via the device in your home not, receiving the content from somewhere else. I'm of the opinion that Dish has paid the appropriate retransmission fees and the programming I pay for is mine to view and it's nobody's business where I view it.

Bottom line here, the broadcasters are terrified of the Internet and are all in to restrain it to the extent possible. Probably adding fuel to the fire is that Dish has been experimenting with Internet deivery in foreign markets and is expected to launch a North America test this fall.
Posted by SG_Geaux
Beautiful St George
Member since Aug 2004
77959 posts
Posted on 6/27/14 at 8:40 pm to
Why don't they sue Slingbox ?
Posted by NELA LSU Fan
Member since Sep 2011
1167 posts
Posted on 6/27/14 at 8:57 pm to
Good point. Although standalone Sling is available across platforms, the latest iteration of the Hopper receiver is available with the integral Sling, licensed via Dish. I would have to believe ALL Sling use would cease to exist if Fox were successful.
Posted by drizztiger
Deal With it!
Member since Mar 2007
36951 posts
Posted on 6/27/14 at 8:58 pm to
quote:

Fox notes that its content agreement with Dish expressly states that Dish "shall not retransmit or otherwise distribute FOX's signal by means of the internet, broadband or any other online technology or wireless or cellular technology (such as cell phones, tablets, or PDAs).
To me, that's pretty simple.

Aereo is giving Fox another go at it, but it's not the same case at all.

If Fox has a contract with DISH that states the above, I have no clue how a judge could rule in DISH's favor.

It's about the agreed upon contract ONLY. Nothing more, nothing less.
This post was edited on 6/27/14 at 9:04 pm
Posted by NELA LSU Fan
Member since Sep 2011
1167 posts
Posted on 6/27/14 at 9:20 pm to
Dish is retransmitting nothing. The consumer is retransmitting the content he is already paying for using the home network he also owns. As pointed out above, anyone can buy a standalone Sling & do essentially the same thing.
Posted by drizztiger
Deal With it!
Member since Mar 2007
36951 posts
Posted on 6/27/14 at 9:35 pm to
quote:

Dish is retransmitting nothing. The consumer is retransmitting the content
That's a very narrow view. How is the consumer receiving that content? And does said consumer have a contract with DISH that has a contract with Fox?

Fox is grasping at straws now because the free broadcasters dropped the ball on selling their services correctly.
Posted by drizztiger
Deal With it!
Member since Mar 2007
36951 posts
Posted on 6/27/14 at 9:44 pm to
quote:

Why don't they sue Slingbox ?
They've sued DISH for Hopper with Sling.
This post was edited on 6/27/14 at 9:48 pm
Posted by SG_Geaux
Beautiful St George
Member since Aug 2004
77959 posts
Posted on 6/27/14 at 9:53 pm to
quote:

They've sued DISH for Hopper with Sling.



So... Why don't they sue Slingbox ?
Posted by NELA LSU Fan
Member since Sep 2011
1167 posts
Posted on 6/27/14 at 10:17 pm to
quote:

So... Why don't they sue Slingbox ?


This. Should Fox prevail, I can't see why virtually any use of Sling would not be banned. I would theoretically have access to all my subscription content at any number of on-site locations but be unable to use the same content off-site remotely even, riding the mower on the back 40. The whole premise seems wacky to me. I'm remotely connecting to MY HWS, viewing content I've paid for and which Dish has paid a retransmission fee for.

Couple of things at work other than, the Internet phobia of the networks. First, they would love to extract an additional fee from the hugely popular DishAnywhere feature. Then, there's the ever-present contract negotiations leverage. Last, the recent, unprecedented contract with all Disney properties (all Disney, ABC, ESPN & their respective streaming apps) has others nervous. My money on this one is on Charlie Ergan who is nobody's fool.
Posted by dallastiger55
Jennings, LA
Member since Jan 2010
27699 posts
Posted on 6/28/14 at 8:09 am to
Dish owns sling

It's all the same company. Dish is a subsidiary of Echostar which owns Sling and Hughes Internet

Charlie Ergan is the chairman and main stockholder of both and decided to split them for tax benefits about 5-6 years ago

He's constantly in litigation with programmers. When its all said and done dish won't be able to do auto hop IMO and sling wil be borderline.

Dish was ahead of its time with these products but now the ligislation is catching up.

(Worked for dish corporate for 10 years)
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