DOCSLIB.ORG

Opposition to the AT&T and Directv Merger Continues in Spite of Facts

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Opposition to the AT&T and Directv Merger Continues in Spite of Facts Enter Search Terms Opposition to the AT&T and DirecTV merger continues in spite of facts and lower costs Thursday, July 24, 2014 10:50 AM by Connor Houston Texan Politicians Push Tax Increase On Internet Sales On May 18th, 2014, DirecTV entered final agreement with AT&T on its purchase. In June, the Texan Politicians Push Tax Increase On Internet Sales House Committee on the Judiciary, held a hearing on the merger, and on Wednesday July 16th, The Senate Committee on the Judiciary held a hearing on a merger between DirecTV and AT&T. Texan Politicians Push Tax Increase On Internet Sales Opposition to the merger has come from those who argue that it could create a monopoly in what they view as a consolidated TV and Internet Service market. The most marked opposition came from the American Cable Association, which spoke against the AT&T merger during the House Judiciary hearing on June 24, and the Writers Guild of America West who spoke out against the merger during a Senate Judiciary hearing on the same day. The American Cable Association argues that the merger would create a monopoly and cause prices of services to increase, while the Writers Guild of America West claims that programmers would see less money for their content after the merger. AT&T and DirecTV correctly responded to the claims of monopoly by pointing out they would be providing services to markets with no service at all, and that the merger does not reduce competition as the two companies compete in completely different markets. AT&T and DirecTV assert that they must merge in order to survive the changing market and to provide better and cheaper services customers. During the House Judiciary hearing on the merger President, Chairman, and Chief Executive Officer of DirecTV, Michael White, testified that DirecTV can no longer offer the services its customers want without AT&T. He asserted that the market has changed and that customers want Internet and TV bundles that DirecTV alone cannot offer. White points out that, “today, 78% of basic cable subscribers take at least two products Texan Politicians Push Tax [predominantly video and broadband] and 42% take three [video, broadband, and telephone].” Increase On Internet Sales Statements from the CEO and President of AT&T, Randall Stephenson concurred with White, Opposition to the AT&T and pointing out that a combined AT&T and DirecTV would be able to provide bundled services that DirecTV merger continues in customers want but could not do so alone. Furthermore, while AT&T stated they have wired spite of facts and lower costs bundle services, it would not be profitable without the DirecTV merger and the entertainment Digital Liberty Executive packages it brings. Director, Katie McAuliffe Takes Action and Submits Net Neutrality Comments In addition to increased bundle opportunities, the merger would provide both companies the House of Representatives chance to expand their broadband services while being able to offer cheaper prices. Currently Votes to Abolish House Votes broadband Internet when paired with AT&T U-verse costs $14.95 for a 6Mbps broadband for a Internet Tax Free connection. The same connection costs $34.95 when paired with DirecTV. The merger would Digital Liberty Executive allow customers of DirecTV to receive the low cost broadband AT&T provides. Stephenson Director Katie McAuliffe claimed with the merger, “[that] being able to offer DirecTV’s video product on a nationwide basis Encourages Passing Permanent Internet Tax gives us the confidence to expand and enhance our high-speed broadband service to at least 15 Freedom million customer’s locations.” He later added, “This transaction will allow us to lower content costs Digital Liberty Executive Katie for AT&T video subscribers by 20% or more.” McAuliffe writes powerful Op- Ed in support of digital You can view the June 24th senate hearing: Here privacy US Supreme Court: Aereo Tags: Wireless Broadband Media May Cease to Exist While Broadcasters Everywhere Rejoice On the Verge of Innovation: AT&T and DirecTV Merger Touchdown or Penalty? The Immediate Implications of the Redskins Trademark 0 Comments Digital Liberty Login Decision Sort by Best Share Favorite Katie McAuliffe and Americans For Tax Reform Issue Letter in Support of Start the discussion… ECPA Reform Be the first to comment. Subscribe Add Disqus to your site Digital Liberty Our Mission Issues Connect Digital Liberty Internet Regulation and Net Follow Us on Twitter 722 12th St. NW, 4th Floor Digital Liberty advocates for a Neutrality Washington, D.C. 20005 Like Us on Facebook consumer-driven market free from heavy Tech and Telecom Taxation P: 202.785.0266 regulation or taxation of the Internet, Subscribe to Our Newsletter Wireless and Spectrum F: 202.785.0261 technology, telecommunications, video http://www.digitalliberty.net games, and media. We believe that free Media and Video Game Freedom [email protected] markets and consumer choice – not Privacy bureaucrats – should determine the American technology and media landscape. Website Design and Development by Braynard Group, Inc.
Load more

Recommended publications
  • 371 Copyright Act of 1976 — Transmit Clause — ABC, Inc. V. Aereo, Inc. In
    Copyright Act of 1976 — Transmit Clause — ABC, Inc. v. Aereo, Inc. In the late 1940s and early 1950s, a new industry of community an- tenna television (CATV) exploded.1 By placing an antenna on top of a hill above a community and transmitting signals to subscribers’ houses via coaxial cables, CATV companies provided television to areas where hilly terrain made receiving traditional broadcast signals difficult.2 Af- ter the Supreme Court held that such systems did not violate copyright holders’ exclusive rights to public performance,3 Congress revised the copyright law in 1976 and, among other things, enacted the Transmit Clause to supersede those decisions and make such transmissions an infringement of copyright. Last Term, in ABC, Inc. v. Aereo, Inc.,4 the Supreme Court held that a company that transmitted broadcast televi- sion to users via the Internet violated the Transmit Clause, even though the user selected what content to watch, and even though each user had a dedicated antenna that produced a “personal” copy of the broadcast.5 The Court employed a functionalist approach, relying on analogical reasoning rather than analyzing the underlying technical operations of the system — the method that Justice Scalia adopted in his dissent. In doing so, the majority introduced unpredictability into the law by leaving important doctrinal questions unanswered and adopting an approach that lacks clear boundaries. Prior to the Copyright Act of 1976,6 the Court read the public per- formance right narrowly. In 1968, in Fortnightly Corp. v. United Art- ists Television, Inc.,7 the Court held that a CATV operator is more analogous to a “viewer” than a “performer,” and thus cannot face lia- bility under the Copyright Act.8 The Court affirmed Fortnightly in Teleprompter Corp.
    [Show full text]
  • Memorandum to Clients June 2014
    MemorandumMemorandum toto ClientsClients June 2014 News and Analysis of Recent Developments in Communications Law No. 14-06 The Supremes have spoken . now it’s the Swami’s turn. The Supreme Court’s Aereo Decision: What It Says, What It Means By Kevin M. Goldberg [email protected] 703-812-0462 [Editor’s Note: As we have reported on CommLaw- eas with which it is familiar. And it also tried hard to make Blog.com, the Supreme Court has reversed the Second Cir- sure that its decision will not disrupt what it believes it cuit in the Aereo case, giving the TV broadcasting industry knows about new media, such as cloud computing. a major victory. Yes, that’s the result that the Swami, Kevin Goldberg, had predicted. So we asked him to review Let’s take a look at Breyer’s majority opinion (which was the two opinions out of the Supremes – Justice Breyer’s joined in by Chief Justice Roberts and Associate Justices majority opinion and Justice Scalia’s dissent – and let us Kennedy, Ginsburg, Sotomayor and Kagan), and then the know what he found. Here’s his report – but note that we dissent by Scalia (writing for himself and Justices Thomas are dispensing with our routine summary of what Aereo is and Alito). Then I’ll field some questions that I’ve been fre- and how the case got to the Supremes. If you’re just getting quently asked. to the Aereo party now and don’t know the background, check out our blog’s extensive Aereo-related coverage at The Majority Opinion this link.
    [Show full text]
  • Preliminary Injunction, Plaintiff Nexstar
    ase 2:13-cv-00910-DAK Document 87 Filed 02/19/14 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION COMMUNITY TELEVISION OF UTAH, LLC dba KSTU FOX 13, KUTV LICENSEE, LLC dba KMYU and MEMORANDUM DECISION AND KUTV, and FOX BROADCASTING ORDER GRANTING PRELIMINARY COMPANY, INJUNCTION AND STAY Plaintiffs, Consolidated Case No. 2:13CV910DAK vs. Judge Dale A. Kimball AEREO, INC., Defendant. ____________________________________ NEXSTAR BROADCASTING COMPANY, Plaintiff, vs. AEREO, INC., Defendant. This matter is before the court on Plaintiffs Community Television of Utah, LLC, KUTV Licensee, and Fox Broadcasting Company’s Motion for Preliminary Injunction, Plaintiff Nexstar Broadcasting, Inc.’s Motion for Preliminary Injunction, Defendant Aereo, Inc.’s Motion to Stay Proceedings Pending the Supreme Court’s decision in ABC v. Aereo, and Defendant Aereo’s Motion to Transfer. The court held a hearing on Aereo’s Motion to Stay on February 7, 2014, ase 2:13-cv-00910-DAK Document 87 Filed 02/19/14 Page 2 of 26 and a hearing on Plaintiffs Motions for Preliminary Injunction on February 11, 2014.1 At the hearings, Plaintiffs Community Television of Utah, LLC, KUTV Licensee, and Fox Broadcasting Company were represented by Brent O. Hatch, Shaundra L. McNeil, and Richard L. Stone, Plaintiff Nexstar Broadcasting, Inc. was represented by Rodney R. Parker and John C. Ulin, and Defendant Aereo was represented by Daralyn J. Durie, Joseph C. Gratz, Jess M. Krannich, and Timothy Considine. After carefully considering the parties’ arguments, as well as the law and facts relevant to the motions, the court enters the following Memorandum Decision and Order FACTUAL BACKGROUND2 Plaintiffs are a collection of local and national broadcast television companies who have brought the present lawsuit against Aereo for copyright infringement.
    [Show full text]
  • Court Battles Continue Over Hopper, Aereo
    Court Battles Continue over Hopper, Aereo 10.24.2013 Broadcasters continue to wage legal warfare to stop the oncoming technology tide, with battles heating up on two fronts: Dish Network's Hopper and IAC-backed Aereo. Fox is working to get the courts to take legal action against Dish Network's Hopper with Sling, which is a set-top box with both ad-skipping and place-shifting technology built in. On Wednesday, Fox filed a notice of appeal to California's Ninth Circuit Court of Appeals after U.S. District Judge Dolly Gee last month denied Fox the injunction it was seeking. Fox is seeking an "en banc" hearing in front of a full panel of judges. It's not Fox's first appearance in front of the court on the issue, although earlier requests applied to different iterations of the service. Similarly, last month U.S. District Judge Laura Taylor Swain in New York denied ABC's motion for a preliminary injunction against Dish' AutoHop, a separate set-top box that skips ads but doesn't "sling" TV programming to smart phones and tablets. Meanwhile, Aereo defended itself in Salt Lake City where broadcasters are working to stop the roll-out of its service, which streams broadcast signals to subscribers over the Internet for $10 a month. Broadcasters argue that Aereo is infringing their copyrights by "publicly performing" shows without permission, while Aereo says what it's doing is perfectly legal. "A consumer who tunes an individual antenna to access a program, makes an individual copy of a broadcast television program, and then watches that program, does not violate the copyright laws," Aereo argues in the Utah case.
    [Show full text]
  • Television a La Carte: American Broadcasting Cos
    THIS VERSION DOES NOT CONTAIN PAGE NUMBERS. PLEASE CONSULT THE PRINT OR ONLINE DATABASE VERSIONS FOR THE PROPER CITATION INFORMATION. NOTE TELEVISION A LA CARTE: AMERICAN BROADCASTING COS. V. AEREO AND HOW FEDERAL COURTS’ INTERPRETATIONS OF COPYRIGHT LAW ARE IMPACTING THE FUTURE OF THE MEDIUM Andrew Fraser I. INTRODUCTION Somewhere in Brooklyn, a large warehouse holds a bundle of over one thousand rabbit-ear antennas.1 In many ways these antennas resemble the ones that rested on top of generations of older television sets before the advent of cable, except for one small fact—these rabbit-ear antennas are each roughly the size of a dime.2 It is ironic that this ancient, seemingly outdated piece of television technology might signal the medium’s newest direction, but with Aereo at the helm, this may actually be the case. Aereo is a technology platform currently available exclusively in New York City that airs live broadcast television through the Internet to a subscriber’s mobile device, computer, or web-enabled television.3 When an Aereo subscriber wishes to watch a broadcast, he or she instructs an assigned Aereo antenna to capture signals from the public airwaves and to transmit them over the Internet to the subscriber’s mobile device.4 No two subscribers ever use the same antenna at the same time, and Aereo also offers DVR recording technology, so subscribers can watch shows live or recorded.5 With this incredible merging of both old and new technology, Aereo could have an enormous impact on the way consumers watch television, assuming that it can first survive what promise to be some intense legal challenges.
    [Show full text]
  • Watching TV Is Free and Easy with Under-The-Radar Locast
    Watching TV is free and easy with under-the- radar Locast 28 January 2019, by Tali Arbel and it's available on more gadgets than you'd get with just a TV antenna. For those who don't have a TV, it's one of the easiest ways to watch over-the- air stations for free. HOW IT WORKS Locast makes local stations available for free, in real time, online. You can watch on its website, locast.org, or on apps for iPhones and Android phones. A Roku app or sharing from your phone with Chromecast or Apple's AirPlay lets you stream to the TV. In New York, I get stations for ABC, CBS, Fox, The Locast website is displayed on a computer screen, NBC, CW, PBS, Univision, Telemundo, Ion and a Monday, Jan. 28, 2019 in New York. A nonprofit called handful of others. Cable channels like ESPN, MTV, Locast, available in seven major U.S. cities, beams Bravo and Fox News are not available free on the popular networks to phones, TVs and computers. It's like the online version of a TV antenna, free and easy to use. public airwaves. You generally have to pay for (AP Photo/Mark Lennihan) them. You can start watching as soon as you let Locast know your location and sign in with your email or You canceled cable long ago. Your TV antenna Facebook account. A basic TV guide tells you has trash reception for ABC. But you want to host what's on now and the next six days.
    [Show full text]
  • Trading Rabbit Ears for Wi-Fi: Aereo, the Public Performance Right, and How Broadcasters Want to Control the Business of Internet TV
    Vanderbilt Journal of Entertainment & Technology Law Volume 16 Issue 4 Issue 4 - Summer 2014 Article 5 2014 Trading Rabbit Ears for Wi-Fi: Aereo, the Public Performance Right, and How Broadcasters Want to Control the Business of Internet TV Jacob Marshall Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the Communications Law Commons, and the Internet Law Commons Recommended Citation Jacob Marshall, Trading Rabbit Ears for Wi-Fi: Aereo, the Public Performance Right, and How Broadcasters Want to Control the Business of Internet TV, 16 Vanderbilt Journal of Entertainment and Technology Law 909 (2020) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol16/iss4/5 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Trading Rabbit Ears for Wi-Fi: Aereo, the Public Performance Right, and How Broadcasters Want to Control the Business of Internet TV ABSTRACT Aereo, a start-up company that allows consumers to stream free, over-the-air broadcasts to their phones and computers, seems rather innocuous. Yet the major broadcasting networks have attempted to shut Aereo down since its inception, claiming that Aereo infringes on their copyright. Aereo claims that its unique technology-where each user is assigned their own, individual antenna-ensures that Aereo does not infringe on the broadcasters'publicperformance rights. The United States Supreme Court has granted certiorarion the matter.
    [Show full text]
  • ENGLISH APPLE INC. APPLE TV (“APPLE TV”) SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE
    ENGLISH APPLE INC. APPLE TV (“APPLE TV”) SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR APPLE TV. BY USING YOUR APPLE TV, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, UNLESS YOU RETURN THE APPLE TV IN ACCORDANCE WITH APPLE’S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLE TV. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE TV WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/. 1. General. A. The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your Apple TV, whether on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensor(s) retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. B. Apple, at its discretion, may make available future updates to the Apple Software for your Apple TV. The Apple Software updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple TV. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software on your Apple TV, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
    [Show full text]
  • “Over-The-Top” Television: Circuits of Media Distribution Since the Internet
    BEYOND “OVER-THE-TOP” TELEVISION: CIRCUITS OF MEDIA DISTRIBUTION SINCE THE INTERNET Ian Murphy A dissertation submitted to the faculty at the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Communication. Chapel Hill 2018 Approved by: Richard Cante Michael Palm Victoria Ekstrand Jennifer Holt Daniel Kreiss Alice Marwick Neal Thomas © 2018 Ian Murphy ALL RIGHTS RESERVED ii ABSTRACT Ian Murphy: Beyond “Over-the-Top” Television: Circuits of Media Distribution Since the Internet (Under the direction of Richard Cante and Michael Palm) My dissertation analyzes the evolution of contemporary, cross-platform and international circuits of media distribution. A circuit of media distribution refers to both the circulation of media content as well as the underlying ecosystem that facilitates that circulation. In particular, I focus on the development of services for streaming television over the internet. I examine the circulation paths that either opened up or were foreclosed by companies that have been pivotal in shaping streaming economies: Aereo, Netflix, Twitter, Google, and Amazon. I identify the power brokers of contemporary media distribution, ranging from sectors of legacy television— for instance, broadcast networks, cable companies, and production studios—to a variety of new media and technology industries, including social media, e-commerce, internet search, and artificial intelligence. In addition, I analyze the ways in which these power brokers are reconfiguring content access. I highlight a series of technological, financial, geographic, and regulatory factors that authorize or facilitate access, in order to better understand how contemporary circuits of media distribution are constituted.
    [Show full text]
  • Comcast Expanding X1 Device Lineup with IP-Only Client, Next-Gen Gateway
    Comcast Expanding X1 Device Lineup With IP-Only Client, Next-Gen Gateway By: Jeff Baumgartner The evolution of Comcast’s X1 video platform continues to take shape as the operator begins to introduce a small IP-only client device and moves forward with the development of a next-generation gateway device that can anchor the service. Comcast confirmed last week that it has begun to roll out the Xi3, an all-IP HD video client for the X1 platform, in select markets around the country. A Comcast official said the MSO is deploying the new Pace-made device slowly in a number of unidentified markets, and added that Comcast expects the device to become “widely available across our footprint in Q1 or Q2 of next year.” The X1 platform is currently being anchored by the XG1, a hybrid (MPEG/IP) HDDVR that Comcast is sourcing from Arris and Pace. The new Xi3 model will serve as a multi-room companion to XG1 and work with Comcast’s new Cloud DVR product. Postings on the DSL Reports message board also turned up evidence that Cisco Systems is among the suppliers working on a new version of an X1 gateway called the XG2. A Comcast official confirmed that the image is a rendering of a future iteration of the XG1 gateway, but declined to detail the technical specs or when Comcast expected to make it available. A person familiar with the initiative said that iteration is a headed gateway that won’t feature internal DVR storage, meaning it will likely work with Comcast’s Cloud DVR or support attached storage.
    [Show full text]
  • Aereo and Filmon X: Internet Television Streaming and Copyright Law
    Aereo and FilmOn X: Internet Television Streaming and Copyright Law Emily M. Lanza Legislative Attorney January 22, 2015 Congressional Research Service 7-5700 www.crs.gov R43359 Aereo and FilmOn X: Internet Television Streaming and Copyright Law Summary Aereo and FilmOn X were created to stream television programming over the Internet for a monthly subscription fee. Aereo and FilmOn’s technology permitted subscribers to watch both live broadcast television in addition to already-aired programming. Their use of this development in technology triggered multiple lawsuits from broadcasting companies alleging copyright violations. These cases revealed not only multiple interpretations of copyright law and its application to new and developing technologies, but also a possible “loophole” in the law, which some accused Aereo and FilmOn of exploiting. The Copyright Act of 1976 provides copyright holders with the exclusive right to control how certain creative content is publicly performed. Of particular interest to courts in recent cases against Aereo and FilmOn was the meaning of the Copyright Act’s “transmit clause” that determines whether a performance is private or public and within the scope of the public performance right. Specifically, the courts have been divided as to what constitutes a “performance to members of the public” for the purposes of the transmit clause. During the past several years, groups of broadcasters have filed lawsuits against Aereo and FilmOn alleging that the retransmissions of their programs by these companies have violated their right of public performance. While both FilmOn and Aereo use similar technology, the courts have disagreed about whether this technology infringes upon the copyright holder’s right of public performance.
    [Show full text]
  • No. 13-461: American Broad. Cos., Inc. V. Aereo, Inc
    No. 13-461 In the Supreme Court of the United States AMERICAN BROADCASTING COMPANIES, INC., ET AL., PETITIONERS v. AEREO, INC., FKA BAMBOOM LABS, INC. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONERS EDWIN S. KNEEDLER Deputy Solicitor General Counsel of Record STUART F. DELERY Assistant Attorney General MALCOLM L. STEWART JACQUELINE C. CHARLESWORTH Deputy Solicitor General General Counsel BRIAN H. FLETCHER SARANG VIJAY DAMLE Assistant to the Solicitor Special Advisor to the General General Counsel MARK R. FREEMAN STEPHEN S. RUWE SONIA K. MCNEIL JOHN R. RILEY Attorneys Attorneys Department of Justice United States Copyright Washington, D.C. 20530-0001 Office [email protected] Washington, D.C. 20540 (202) 514-2217 QUESTION PRESENTED The Copyright Act of 1976, 17 U.S.C. 101 et seq., grants the owner of copyright in an audiovisual work the exclusive right “to perform the copyrighted work publicly.” 17 U.S.C. 106(4). Respondent’s service enables paying subscribers to receive copyrighted broadcast television programs over the Internet by using thousands of miniature antennas to capture, create, and stream an individual digital copy of a broadcast program to each subscriber who seeks to watch it. The question presented is as follows: Whether respondent’s service infringes petitioners’ exclusive right “to perform [their] copyrighted work[s] publicly.” (I) TABLE OF CONTENTS Page Interest of the United States ........................................................ 1 Statement .................................................................................... 2 Summary of argument ............................................................. 11 Argument ................................................................................... 14 I. Respondent performs copyrighted works publicly in violation of 17 U.S.C.
    [Show full text]