[opendtv] Re: News: DIRECTV Sued Over HDTV Picture Quality
- From: John Willkie <johnwillkie@xxxxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Thu, 21 Sep 2006 21:04:52 -0700 (GMT-07:00)
Soverign immunity is only one of the insurmountable problems.
Yes, just as there "might" be grounds for suing Rocketdyne for NASA not telling
us that the Apollo astronauts found alien bases on the moon, and Nancy Pelosi
"might" sue the President for impeachment because "he lied."
In other case, not a chance.
A "due process" organization doesn't guarantee that what they will come up with
will be perfect, just that all that want to participate will be heard. Just
because you (and others) decided years AFTER the non-secret process was
completed that you subsequently found something that you feel is better,
doesn't give you a cause of action.
The only cause of action I think that you MIGHT be able to come up with is
"nuisance." Perhaps you know how courts feel about "nuisance suits?"
Here's some that won'[t apply;
Negligence;
Abuse of civil rights under color of authority;
Fraud;
Unfair business practices;
Torture;
Restraint of trade;
anti-trust;
(I could go on for a half hour or longer.)
Broadcasters might have a long-shot (if what you say about reception is
provable) for potential interference with prospective economic advantage. A
very long-shot.
Then, there's the simple matter of "statute of limitations" -- long expired.
And, the big one "FCC primacy." You would be left suing over whether table 3
(which the FCC didn't approve) is legal. Might even be able to overturn it.
About the time LG stopped suing infringers ..
My general counsel is a "plaintiff's attorney." He sues people for a living
and takes most cases on the come.
Steve, you and Dermot have brought this up on this list several times. You are
well respected in the engineering community. Those of us with more than a
smattering of knowledge of the law sit around and laugh loudly about this folly
of a notion that you toss up from time to time.
I doubt that the DOD will sue the ATSC. Let me make a simple prediction:
anyone starting such a suit will lose so badly that they will end up paying the
legal fees of the ATSC (and their own.)
Caveat emptor.
Or: those who say they will sue don't, and those who sue don't threaten to sue.
They JUST DO IT!
John Willkie
-----Original Message-----
>From: "Stephen W. Long" <longsw@xxxxxxxxxxxxxx>
>Sent: Sep 21, 2006 3:33 PM
>To: opendtv@xxxxxxxxxxxxx
>Subject: [opendtv] Re: News: DIRECTV Sued Over HDTV Picture Quality
>
>Ah, but there might be grounds to sue the ATSC (and their sponsoring
>companies) for knowingly promoting a flawed system.
>
>-----Original Message-----
>From: opendtv-bounce@xxxxxxxxxxxxx
>[mailto:opendtv-bounce@xxxxxxxxxxxxx]On Behalf Of Allen Le Roy Limberg
>Sent: Thursday, September 21, 2006 11:51 AM
>To: opendtv@xxxxxxxxxxxxx
>Subject: [opendtv] Re: News: DIRECTV Sued Over HDTV Picture Quality
>
>
>Craig wrote:
>
> "Perhaps there could be grounds to sue the government for mandating tuners
>for a service that people do not want, and in many cases, does not work at
>the site of installation."
>
>There is something called sovereign immunity to legal suit which prevents
>suit against a sovereign government by its citizens, save by permission of
>the sovereign government. So there is a formidable problem of legal
>standing to bring suit in these circumstances.
>
>Al Limberg
>
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