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Cablevision Sued For Blocked Fox Channels
Class action lawyers get their shots in as Fox feud continues
by Karl Bode Thursday 28-Oct-2010 tags: business · cable · Cablevision
As the fight between Cablevision and Fox continues, Fox yesterday rejected a Cablevision olive branch that would have unblocked user access to Fox while negotiations continued, with accusing Cablevision of directing users to pirated streams of Fox Sports programs. While Cablevision has now agreed to reimburse customers who watch the blocked World Series via MLB.com, Cablevision's now facing a class action lawsuit from customers angry that Cablevision hasn't doled out refunds for the blocked Fox channels. The lawsuit, which is asking for a whopping $450 million, claims the blockade constitutes a Cablevision breach of contract, and that customers are seriously harmed by missing Fox's "distinctive viewpoint in the political speech arena... just days before a critical mid-term election."

Update: Cablevision has e-mailed us the following statement:

"These lawsuits appear to concocted by lawyers with ties to News Corp. Maybe News Corp. should be sued for blacking out Fox programming and the World Series in three million New York-area homes."

Meanwhile we've noticed that the LA Times blog has observed that the lawyer behind the suit, Todd J. Krouner, has old ties to Rupert Murdoch, News Corp. and Fox Broadcasting.

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swintec
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Idiots...

Some lawyers trying to make a name for themselves are they?

JunkBond

@teksavvy.com

Re: Idiots...

No, some lawyers trying to make a buck for themselves, they are.

Romney2012
Defeat Obama 2012-Chg we can believe in
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said by swintec:

Some lawyers trying to make a name for themselves are they?
In many disputes like this only the scum lawyers actually make out like bandits. US productivity and competiveness in the world economy has been tremendously harmed by our civil legal system that adds unnecessary costs to every single thing we produce.
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digitalfreak
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Re: Idiots...

said by Romney2012:

said by swintec:

Some lawyers trying to make a name for themselves are they?
In many disputes like this only the scum lawyers actually make out like bandits. US productivity and competiveness in the world economy has been tremendously harmed by our civil legal system that adds unnecessary costs to every single thing we produce.
Of course it has nothing to do with scum CEOs, scum politicians and scum "give it to me now" shareholders...

RR206

join:2001-12-11
united state

Re: Idiots...

I'll be a scum shareholder all day long if it pays.

DataRiker
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said by Romney2012:

said by swintec:

Some lawyers trying to make a name for themselves are they?
In many disputes like this only the scum lawyers actually make out like bandits. US productivity and competiveness in the world economy has been tremendously harmed by our civil legal system that adds unnecessary costs to every single thing we produce.
I can't believe we actually agree on something. I think the Ghost Busters just crossed streams.

cameronsfx

join:2009-01-08
Panama City, FL
AP - Association Sues Fox for $25 Billion

The lawsuit was brought by the National Association of Vulpes vulpes (NAVV) in New York Federal Court claim, in their one hundred sixty-eight page complaint, that Rupert Murdoch's empire uses the name "Fox" without permission, is libelous and asks for an injunction pending litigation.

"Unlike other uses of the name 'Fox'", said attorney Darren Fox for the NAVV. "This usage was meant to capitalize solely on their God-given and scientific given name. Fox is a trademark of the NAVV. Also, the NAVV would never have denied Cablevision customers the World Series. It is not in their nature."

PETA said they supported the lawsuit stating, "It is time corporations stop portraying animals as pariahs in society then using them as logos to satisfy their greed and inhumane ambitions." Actress Megan Fox said she would pose nude for a PETA ad against the Fox networks and Murdoch.

Fox had no comment on the lawsuit.

swintec
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Re: Idiots...

said by cameronsfx:

Actress Megan Fox said she would pose nude for a PETA ad against the Fox networks and Murdoch.
Well there is one good thing that comes from all of this.
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notyet321

@verizon.net

So, basically,

if nothing else, give us a temporary injunction until after the World Series elections are over.
hottboiinnc
ME

join:2003-10-15
Cleveland, OH

Re: So, basically,

lol. with what legal power?
tmc8080

join:2004-04-24
Brooklyn, NY
Reviews:
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mere fraction..

fox and my9 only account for less than 30% of the typical broadcast network lineup. broacast basic is typically no more than $15 per month tops. $4.50 for both channels or $2.25 each because it includes a set-top or basic digital converter.. take that out and your looking at between $1 and $1.50 per channel.

fifty nine

join:2002-09-25
Sussex, NJ
kudos:1

Re: mere fraction..

said by tmc8080:

fox and my9 only account for less than 30% of the typical broadcast network lineup. broacast basic is typically no more than $15 per month tops. $4.50 for both channels or $2.25 each because it includes a set-top or basic digital converter.. take that out and your looking at between $1 and $1.50 per channel.
This is more than just Fox 5 and My9. Other channels are involved in the dispute as well.

wow

@comcast.net

not right cablevision

They have a right to sue. Cablevision is still charging costumers for channels that are not available, as you see the are pocketing the money charge for these channels and don't have the courtesy of offering refunds to its costumers
patcat88

join:2002-04-05
Jamaica, NY
kudos:1

Re: not right cablevision

Are you locked into a contract? Does Cablevision guarantee in a contract that you shall have channel X? So why they should offer a discount? If a restaurant had a prix fixe menu, will you demand they lower the price because they took your favorite item off the menu?

fifty nine

join:2002-09-25
Sussex, NJ
kudos:1

Re: not right cablevision

said by patcat88:

Are you locked into a contract? Does Cablevision guarantee in a contract that you shall have channel X? So why they should offer a discount? If a restaurant had a prix fixe menu, will you demand they lower the price because they took your favorite item off the menu?
Cable companies are claiming that paying for channels is what drives rate hikes.

So isn't it logical that if one or more channels are dropped off that the rates should go down a bit?

Or does Cablevision get to have its cake and eat it too?

Gbcue
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said by patcat88:

Are you locked into a contract? Does Cablevision guarantee in a contract that you shall have channel X? So why they should offer a discount? If a restaurant had a prix fixe menu, will you demand they lower the price because they took your favorite item off the menu?
If you got to look at the menu prior to the seating at the restaurant (ala channel lineups), then no. If after you ordered and all that you didn't get what was on the menu, you certainly should get a refund, at least partially.
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Big Dawg 23

join:2002-03-27
Northfield, MN
Look at terms of conditions with all Cable, Satellite and other pay tv services it states "Channel Line up subject to change without notice"
ZachAttack

join:2009-05-30
Yorba Linda, CA

Re: not right cablevision

I thought this too, they don't guarantee any channels do they? I mean unless you're paying for a Premium like HBO, then I think you'd be entitled to a refund if they dropped it mid-month and you already paid.
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Could a court force rebroadcast?

just something to wonder though. can a court force Fox to allow transmission of their channels without payment?

Also what is to stop Cablevision from sending people Fox5 WNYW? if its broadcast OTA than could CV just not use an antenna at their main reception centers and bypass any encryption from sats?
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Romney2012
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Re: Could a court force rebroadcast?

said by Kearnstd:

just something to wonder though. can a court force Fox to allow transmission of their channels without payment?
No. But let's not lose sight of a simple fact here. If a court forces retransmission of Fox channels BEFORE a new settlement is reached, Fox would still get the existing fee in the old contract $75 million per year instead of the $150 million they want.
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patcat88

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said by Kearnstd:

Also what is to stop Cablevision from sending people Fox5 WNYW? if its broadcast OTA than could CV just not use an antenna at their main reception centers and bypass any encryption from sats?
Just like the RIAA and its policy that you can't play a FM radio in public place. The "free" signal isn't unconditionally free.

cdru
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said by Kearnstd:

Also what is to stop Cablevision from sending people Fox5 WNYW? if its broadcast OTA than could CV just not use an antenna at their main reception centers and bypass any encryption from sats?
No. They need retransmission consent. Fox can either force Cablevision to carry their OTA by not charging for the station(s), or charge a fee in which case Cablevision can refuse to carry it. For any non-OTA stations such as sports networks, Fox News, etc, a transmission agreement needs to be met and there is no must-carry rules but they are often bundled together in an all-or-none package.
hottboiinnc
ME

join:2003-10-15
Cleveland, OH
a court can NOT force CV to carry Fox or any other channel for that matter. This could go on forever! if Fox doesn't give since we all know Dollan's won't.

fifty nine

join:2002-09-25
Sussex, NJ
kudos:1

1 edit
said by Kearnstd:

Also what is to stop Cablevision from sending people Fox5 WNYW? if its broadcast OTA than could CV just not use an antenna at their main reception centers and bypass any encryption from sats?
Fines from the FCC and a lawsuit from Fox.

Also, cablevision and the other cable companies do use antennas. They also have a fiber feed from master control in Secaucus. They don't receive local stations via satellite.

NOCMan
MacChatter
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join:2004-09-30
Colorado Springs, CO

ROFL

Distinctive viewpoint of Faux News.

How on earth is getting the news a right. Sure freedom of the press, but a hundred years ago, the news got to you when it got to you and people lived perhaps a better life.

SterlingJ85

join:2000-11-19
Millville, NJ

Re: ROFL

Distinctive, haha.. Probably not the choice word I would have used to describe Faux News (hence my avatar).
talz13

join:2006-03-15
Avon, OH
Yeah, I wonder how the upcoming election would go if fox news was blacked out of the entire US until Nov. 3rd?
hottboiinnc
ME

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Re: ROFL

well more and more contracts come up for renew by Nov. 1st. Fox has been running the ad on NatGEO on the Cleveland WOW System but doesn't give any names except you could lose Fox Channels. Let Fox piss off any more carriers- Comcast, WOW, Charter, any of the big boys- besides TWC- as we all know TWC will pay anything to the content owners. Fox will be screwed in the end.
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woody7
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works for me
--
BlooMe
buzz_4_20

join:2003-09-20
Presque Isle, ME

Wait a Second

Since when is Hulu a pirated stream?
slckusr
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1 edit

Re: Wait a Second

said by buzz_4_20:

Since when is Hulu a pirated stream?
I guess when your cable company\ISP stops broadcasting content they(hulu) carry.

PapaMidnight

join:2009-01-13
Baltimore, MD

1 edit

Re: Wait a Second

said by slckusr:

said by buzz_4_20:

Since when is Hulu a pirated stream?
I guess when your cable company\ISP stops broadcasting content they(hulu) carry.
Nothing a little VPN work can't solve.
Or Tethering.
...
...
Or an Antenna hooked up to your TV (or in some cases, your STB which might have an antenna in and the ability to tune OTA ATSC channels).

Rob
In Deo speramus, God Bless the USA
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It's no surprise why Politicians are scum..

Majority of politicians are lawyers.. and lawyers are scum.

SterlingJ85

join:2000-11-19
Millville, NJ

Re: It's no surprise why Politicians are scum..

Lawyers are scum?

Yes, there are perhaps some lawyers who abuse the system by using the system against a laws original intent.. But who else are you going to have represent you if you are wrongly convicted of a crime? Someone who reads laws, and learns it's written intent to perhaps represent a client.. or... write a bill to protect the citizenry from crimes... there isn't really an alternative. Seems like a pretty blanket statement to me.

What is next, all salesmen are scum? Oh wait, that's got some merit!

Rob
In Deo speramus, God Bless the USA
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Re: It's no surprise why Politicians are scum..

Actually, I just wanted to remind everyone that Politicans are scum..
jmmilner

join:2001-11-20
Yorkville, IL
said by Rob:

Majority of politicians are lawyers.. and lawyers are scum.
By definition a lawyer is somebody who will take any side of any argument for a fee. Becoming a politician who will vote for or against anything for a campaign contribution is a nature career move for a lawyer.
hottboiinnc
ME

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Re: It's no surprise why Politicians are scum..

you must not know that Lawyers aren't scum due to they don't practice law. In the United States a lawyer is a person who as a JD degree. Many doctors are just that. a lawyer. If you wish to practice law you must take the BAR Exam for the state(s) you wish to practice in and then you become an attorney.
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mikepd
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Lawsuit is Ridiculous

Fox is not only blocking retransmission of their content to Cablevision but also at least Dish.

I have Dish and am not getting any Fox-provided content and on Nov. 1, I could lose all the other Fox stations too as that contract is up as well.

This is just a money grab by lawyers who are using this situation and subscribers who want to blame someone for their loss of channel.
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MrHappy316
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Time for A la carte

The judge needs to rule that those CV customers that desire to keep Fox pay for the rate increase, and force CV to offer it A la carte as many on this site have been asking to happen.

Those that can get Fox OTA will tell both to stick it and those that might be able to get it will figure out or pay someone to get Fox OTA.
guppy_fish
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Re: Time for A la carte

Its not the cable companys that dictate channel count, that's 100% the content providers doing ( forced bundling ).

fifty nine

join:2002-09-25
Sussex, NJ
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Re: Time for A la carte

said by guppy_fish:

Its not the cable companys that dictate channel count, that's 100% the content providers doing ( forced bundling ).
Not at all. Cable providers do not want a la carte either because it means that instead of a comfy $150 from many customers every month they'd probably only get about $10.

It's also added work for their billing systems which are already broken in many cases.
hottboiinnc
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can't happen. courts do not have the right to dictate the business of private companies. nobody can force this. the cable companies are free to drop any channel they wish and add any channel they wish. and if you want a local channel and can't get it from X provider; your able to get it via OTA.
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zen1

@optonline.net

Re: Time for A la carte

said by hottboiinnc:

can't happen. courts do not have the right to dictate the business of private companies. nobody can force this. the cable companies are free to drop any channel they wish and add any channel they wish. and if you want a local channel and can't get it from X provider; your able to get it via OTA.
actually, cable companies WHERE mandated to carry all the local channels,(must carry) and broadcasters where NOT allowed to charge the cable companies for retransmission!. it was the cable CO's fault that got changed from "MUST carry". they didn't want to carry all the local channels, just the one's their customers wanted. »en.wikipedia.org/wiki/Must-carry also, you'll find the courts DO dictate the business of other private companies too.. imagine drug manufacturers without regulations!. and many other types of businesses too..
pnolte

join:1999-10-21
Chino, CA

Fox news

They should feel lucky they cant get Fox News. I hate it when someone puts that on in the office thinking they are watching a news broadcast when all they are getting is right wing propaganda.

See 9 replies to this post

Seriously

@bellsouth.net

What does Fox News have to do with it?

Let me get this straight. CV customers are suing because they can't watch Fox News even though they still get Fox News because it's not part of the disputed channels. They've managed to create some alternate reality where liberals have taken Fox News away on election night eve. In what universe is this the case?

Even though that sounds crazy to the average sentient being, I have to admit it's as logical as anything else I've seen on Fox News.
ksuderman

join:2001-10-21
Poughkeepsie, NY

Re: What does Fox News have to do with it?

said by Seriously :

Let me get this straight. CV customers are suing
Not quite, class action lawsuits are a scam created by lawyers to increase their profits. If CV were to lose this lawsuit then each CV customer would get $5 and the lawyers would get $150 million.
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WhatNow
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Charlotte, NC

Fox may win then lose

CV should post they are going to raise the subscription fee by X amount if they lose the lawsuit and Fox wins. Then let the customers scream about that cost.
I agree let FOX become a Premium Tier with all channels they bundle like HBO. Then Fox can charge what ever they want.

Fox has got to pay for all the Republican Presidential Candidates they have on the payroll until they announce they are in the race.

fifty nine

join:2002-09-25
Sussex, NJ
kudos:1

Re: Fox may win then lose

said by WhatNow:

I agree let FOX become a Premium Tier with all channels they bundle like HBO. Then Fox can charge what ever they want.
Can't happen. Locals must be carried in the clear.

Unless of course, you're Cablevision and get a special waiver.

David
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1 edit

There used to be an old saying....

To be an poor crook, rob a convenience store. To be a good crook, get elected or become a lawyer.

I am obviously in the wrong business I guess because I care?

Damn I am doing it so wrong.
patcat88

join:2002-04-05
Jamaica, NY
kudos:1

Re: There used to be an old saying....

Become a real estate developer. Collect you fee, project tanks or runs out of money, not your problem. Limited Liability FTW!

kkkk44

@lgk.com

only in america

you try to blackmail someone like fox.. ok we are doubling or rate to you for our product..

the distributer drops you because you are a scumbag and trying to double your rate.. so you sue them.

trainwreck

join:2010-09-21
off track

Pirated Streams?

Where?

HardwareGeek

join:2003-11-15
Brooklyn, NY

Re: Pirated Streams?

Please let everyone remember that Cablevision as part of the agreement they sent fox prior to the blockage required that fox terminate its channels with FIOS, dish and DirectTV in the area cablevision serves.

I am sure FIOS, Dish and DirectTV customers are Happy Fox didn't agree to those demands.
--
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stlblues

@charter.com

DISH

Well Fox came to agreement with DISH which includes all of their Fox Sports channels, Nat Geo, FX and local channels. FS Midwest tweeted it. Cablevision is the enemy folks. Sure Fox wants more money but if they are getting it from everyone else what makes Cablevision so special to not have to pay up. They've got the World Series, half the NFL games and all the local sports content through Fox Sports channels. To me, they've got a lot more of what I want to watch than say ESPN ever carries. They command a premium due to their content. Cablevision is going to have to pony up.

Romney2012
Defeat Obama 2012-Chg we can believe in
Premium
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Fox Cablevision reach a deal

»sports.yahoo.com/mlb/news?slug=a···xdispute
NEW YORK (AP)—Fox says it has reached an agreement with Cablevision that will restore programing to more than 3 million New York-area subscribers.

In a statement released Saturday, Fox says signals for all stations and cable channels were restored prior to the first pitch of Game 3 of the World Series.
»online.wsj.com/article/SB1000142···986.html
"Cablevision has agreed to pay Fox an unfair price for multiple channels of its programming including many in which our customers have little or no interest," the cable operator said in an emailed statement. "Cablevision conceded because it does not think its customers should any longer be denied the Fox programs they wish to see."

The agreement covers Fox 5 and My9 in New York, Fox 29 in Philadelphia and the cable channels Fox Deportes, Fox Business Network, and Nat Geo Wild.

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zen1

@optonline.net

Re: Fox Cablevision reach a deal

said by Romney2012:

»sports.yahoo.com/mlb/news?slug=a···xdispute
NEW YORK (AP)—Fox says it has reached an agreement with Cablevision that will restore programing to more than 3 million New York-area subscribers.

In a statement released Saturday, Fox says signals for all stations and cable channels were restored prior to the first pitch of Game 3 of the World Series.
»online.wsj.com/article/SB1000142···986.html
"Cablevision has agreed to pay Fox an unfair price for multiple channels of its programming including many in which our customers have little or no interest," the cable operator said in an emailed statement. "Cablevision conceded because it does not think its customers should any longer be denied the Fox programs they wish to see."

The agreement covers Fox 5 and My9 in New York, Fox 29 in Philadelphia and the cable channels Fox Deportes, Fox Business Network, and Nat Geo Wild.
now this is really stupid, now the other networks are going to get jealous of the money FOX is getting, and want the SAME. now you're talking a BIG hike in the bill!.

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