[opendtv] Re: Echostar make or break
- From: John Willkie <johnwillkie@xxxxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Wed, 6 Sep 2006 10:22:41 -0700 (GMT-07:00)
Larry;
I guess you missed something in this, over the years.
Nothing about the broadcaster's market is "preserved" by the SHVIA and SHVERA.
Indeed, the opposite is the case; these acts describe how viwers may lawfully
circumvent, if certain conditions exists, and they go through certain
procedures, their (sometimes) exclusive, time-restricted license to the
COPYRIGHT in some of the materils they air.
Copyrights create EXCLUSIVE rights to materials, which the owners can use to
license their materials. If you believe that consumers should be able to
outbid local TV stations, or if you believe that copyrights are bunk, those are
quite different matters.
If you think that EchoStar and DirecTV o even cable should be able to compete
directly with local TV stations, I'm all for that; let's overturn their
compulsory copyright license under which they -- without paying market rates --
acquire broadcaster's licensed mateials for re-broadcast.
I was and remain against the words of the SHVIA and SHVERA, although I'm
sensitive to the needs that they address. EchoStar unlawfully used the acts to
unfairly compete with broadcasters. If you think that's fair, that's another
matter.
If you think that SHVIA and SHVERA should be repealed so that broadcasters and
satellite operations may compete for excluisve access to material, we are in
complete agreement. But, any other idea creates an unlevel playing field,
imputes level criteria for it and starts competition there.
If you think that Copyrights should be eliminated, just propose a
constitutional amendment.
John Willkie
Larry Bloomfield wrote:
John:
On the legal aspects of what you speak, you are right on target and 1005
correct, but I have to disagree with this whole concept and believe it should
be changed. what I'm about to say will be perceived as treason or heresy by
many.
I believe this whole concept we now practice and supported by law, detracts
from the good old Yankee concept of competition. Why should we promise or
guarantee any broadcaster, let alone any business, any market? Households that
wishes to look at any program material should be able to do so! You can go to a
news stand and buy newspapers, which support themselves just like broadcasters
with advertising - local and national. The public and I should be free to
choose whatever station they/I wish to watch no matter where it is located,
just like I can buy a newspaper from anywhere in the country, let alone
anywhere in the world. If the local broadcasters want (my) allegiance then they
don't they give me/us something I/we want to see or listen to, just like a
local newspaper does? I know I'm tilting windmills and it will probably not
happen in my time, but I think it should. :
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