[mythtv-users] Court rules commercial-skipping in recordings covered under Fair Use

Gabe Rubin gaberubin at gmail.com
Thu Jul 25 15:39:37 UTC 2013


On Wed, Jul 24, 2013 at 5:57 PM, Gary Buhrmaster
<gary.buhrmaster at gmail.com>wrote:

> On Thu, Jul 25, 2013 at 12:33 AM, Gabe Rubin <gaberubin at gmail.com> wrote:
> ....
> > Unless FOX moves away from broadcast, it cannot dictate the terms on
> which
> > it is carried by cable or satellite providers (although FOX did threaten
> to
> > do this over this specific issue).  However, FOX could play hardball with
> > its other offerings, which are fairly popular and varied (FOX News, FX,
> > etc).
>
> Not exactly true.  There is a choice involved.  A local broadcaster
> can invoke the "must carry" rule, where they require that it be
> carried by the cable provider, and then there is no payment by
> the cable company to the station (when this rule was made, it was
> expected to be invoked by the smaller stations that would otherwise
> lose (local) audience).  The other option is a negotiated settlement
> (payment) by the provider to carry the station.  A cable company
> may *not* just pick up the OTA signals and rebroadcast them(*).
> So, yes, Fox does have some leverage.  However, it is (slightly)
> mitigated by the threat that they will upset their viewers using
> a particular provider (as happened in NYC during the CableVision
> dispute, and with Directv).
>
>
You are correct.
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