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Author Topic: DISH Skipping TV Commercials is Copyright Infringement?  (Read 6042 times)

Matthew Chan

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DISH Skipping TV Commercials is Copyright Infringement?
« on: May 25, 2012, 11:26:38 AM »
I know this is a bit off-topic but this goes to support my ongoing assertions that major media continues to try to bully anyone they don't approve of.

Can you believe the legal threat DISH Networks is facing from the major TV network of a copyright lawsuit infringement for building a feature to allow skipping of commercials?

http://www.scribd.com/doc/94807908/Dish-Networks-vs-Major-TV-Networks-Declaratory-Judgment-Complaint

TechDirt Article
http://www.techdirt.com/articles/20120525/04185919074/tv-networks-file-legal-claims-saying-skipping-commercials-is-copyright-infringement.shtml

Is this one of the stupidest things we have have ever heard so far?

This is an interesting legal strategy I am learning from. IN other words, Dish is asking to the courts to rule that it is NOT copyright infringement BEFORE they activate the feature instead of taking the chance of getting hit with a lawsuit after the fact.

I like that Dish Networks is getting ahead of the challenge very much. It is very smart.
« Last Edit: May 25, 2012, 11:28:19 AM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Mulligan

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Re: DISH Skipping TV Commercials is Copyright Infringement?
« Reply #1 on: May 25, 2012, 12:54:08 PM »
Fascinating! Dish Networks applying the Chan Doctrine of getting out in front of issues. :)

Jerry Witt (mcfilms)

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Re: DISH Skipping TV Commercials is Copyright Infringement?
« Reply #2 on: May 25, 2012, 01:02:20 PM »
I scanned through the network arguments and I could totally picture a judge rolling his eyes. This is the silliest complaint I've ever read. (And that comes after looking at many stock-troll's complaints). What's next? If we get up to go to the bathroom during a commercial will we be guilty of copyright infringement?
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

Matthew Chan

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I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Robert Krausankas (BuddhaPi)

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Re: DISH Skipping TV Commercials is Copyright Infringement?
« Reply #4 on: May 25, 2012, 02:56:49 PM »
And we thought Georgia Attorney Cindy Wan-Hsin Hsu from Carolyn E. Wrights office (photoattorney.com) were completely off their rockers!
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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Greg Troy (KeepFighting)

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Re: DISH Skipping TV Commercials is Copyright Infringement?
« Reply #5 on: May 25, 2012, 03:55:39 PM »
Can you believe the legal threat DISH Networks is facing from the major TV network of a copyright lawsuit infringement for building a feature to allow skipping of commercials?

What's the difference between not wathcing them by skipping them over and when you get up and leave the room to go to the bathroom or make a sandwich, I suppose the networks will say that's infringing too.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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SoylentGreen

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Re: DISH Skipping TV Commercials is Copyright Infringement?
« Reply #6 on: May 25, 2012, 06:22:27 PM »
from 2002:

Turner Broadcasting chief Jamie Kellner claims that personal digital recorders such as Tivo and the recording systems employed in new satellite settop boxes pose a threat to commercial cable companies and broadcasters...

...Asked about viewers who go to the bathroom during commercial breaks, Kellner responded, "I guess there's a certain amount of tolerance for going to the bathroom. But if you formalize it and you create a device that skips certain second increments, you've got that only for one reason ... to make it easy for someone to skip a commercial."

http://creativegeneralist.blogspot.ca/2002/05/it-always-amazes-me-how-corporate.html

S.G

Greg Troy (KeepFighting)

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Re: DISH Skipping TV Commercials is Copyright Infringement?
« Reply #7 on: May 27, 2012, 05:50:04 PM »
"I guess there's a certain amount of tolerance for going to the bathroom."

What!?!  How gracious of them, sound almost like when I was a kid and had to raise my hand in class.  May I go to the bathroom please?  What until the Tidycats  commercial is over and then you can go.  Give me a break.

I don’t have dish or TiVo, I do have Cable with a lot of free On Demand programming where you can go back and watch almost any show you may have missed.  Which is nice as I work ALOT.

Solution #1
The solution is out there and easy for the networks that want to be like that.  Most of the On Demand shows on cable you can pause, stop rewind and fast forward.  When the commercials come up we hit the FF button and zip past.  If we watch a show on some of the major networks a message pops up at the beginning stating that the FF function is disabled on this show and will be replayed as it originally aired with commercials.  I’m sure that Dish and TiVo can do something similar by disabling the skip function on programs they feel necessary.

Solution #2
Make the commercials as good as the Super Bowl commercials and we’ll watch them.


from 2002:

...Asked about viewers who go to the bathroom during commercial breaks, Kellner responded, "I guess there's a certain amount of tolerance for going to the bathroom.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

 

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