[opendtv] EchoStar Pimping Bears "Fruit"
- From: John Willkie <johnwillkie@xxxxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Wed, 6 Sep 2006 11:37:31 -0700 (GMT-07:00)
http://finance.myway.com/jsp/nw/nwdt_rt.jsp?section=news&feed=ap&src=601&news_id=ap-d8jv19ng0&date=20060905
But, it won't change the September 12, 2006 hearing date and the fact that,
absent DirecTV's concurrence, the hearing date can't be changed, and that there
is no viable route of appeal when the court (which has discretion only on the
timing of the service shutdown) tells EchoStar to turn off out-of-market
signals to those who have the service unlawfully and lawfully.
Remember: EchoStar has been adjudged in civil court to have engaged in unlawful
activity; DirecTV has not. If EchoStar had even a thin hope of stopping
DirecTV's new, targeted marketing efforts in court, Charlie Ergen, by his past
actions.
I think they're in the phase called "bargaining". If it's the only bargaining
that EchoStar is doing, EchoStar is facing a quick and certain "decline."
By the way, this is only the "first phase" of the case, which has been ongoing
since 1998. In the second phase, damages to the Fox o&o stations could be
assessed, unless EchoStar surrenders to DirecTV. For the infringement they did
since the DMCA went into effect, their willful infringement could be assessed
at $150,000 per title. That will likely be $150,000 per episode of a program
licensed to (or by) News Corp, times the 25 stations, times the number of
airings. Lesser amounts would most likely apply to the infringement before the
DMCA went into effect.
That $150,000 is for wilful infringement. The appeals court has already ruled
that the infringement was, to be charitible, wilful. The Supreme Court is very
unlikely to accept an appeal; there are no novel issues here, and there is no
difference of opinion among the judicial districts, nor is any colorable right
of EchoStar or of it's customers at stake.
In otherwords, in the next phase, unless EchoStar surrenders to DirecTV,
EchoStar will very likely be "Napsterized."
And, yes, you are reading this here for the first time. And, I can safely say
this without having talked to any principal or agent. (Technically, I said
this here without the flourishes, in 2Q 2001.)
By pimping the members of Congress to call for the hearings that will only be
held after September 12, Charlie Ergen has quadrupled his bet. "Surrender" is
a harsh word, but it's appears to be his only option. Remember, he once tried
to buy DirecTV ahead of Rupert Murdoch. When he failed, Murdoch bought just
enogh to gain effective control, and all that happened after this case was
filed in 1998. Before he attempted to to buy DirecTV, News Corp, Echostar
publicists leaked, was talking to Dish about buying the company. Maybe it was
even true.
While we're at it, after settling their patent dispute, is Research in Motion
still pimping to repeal patent protection? (If this sounds like a non-sequitur
to you, I might not be able to enlighten you without another posting.)
I suspect that Charlie Ergen and company think they have a few more cards to
play in comng days. It's hard to imagine how they could be stronger than this
very weak card. Maybe if the hearing had already been scheduled ... (Senators
don't work on Fridays, and seldom on Mondays.)
John Willkie
P.S. It will be interesting to see how Bob Miller tries to chime in on this
thread with a non-sequitur.
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