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http://www.reuters.com/article/2011...S&feedName=cyclicalConsumerGoodsSector&rpc=43
Judge rejects Disney request for preliminary injunction
* Dish airs Disney movies for free in year-long promotion
* Disney and Starz say sent Dish cease-and-desist letters
NEW YORK, June 3 (Reuters) - A federal judge has denied Walt Disney Co's (DIS.N) attempt to block Dish Network Corp (DISH.O) from distributing popular movies including Disney's "Toy Story 3" and "Alice in Wonderland" for free as part of a year-long promotional giveaway of its Starz channels.
The New York judge rejected Disney's request for a preliminary injunction against Dish without explanation in a one-line order issued on Thursday.
Disney filed a copyright infringement suit against Dish in May, accusing the satellite television provider of devaluing the rights to its movies and interfering with its licensing strategy. The media giant said it would suffer "irreparable harm" if the court did not intervene and stop Dish from providing free access to Starz in honor of its 30th anniversary.
Disney argued that it had only granted Starz permission to air the movies under the condition that Starz would be on a premium tier with television distributors.
Starz filed its own lawsuit in Colorado state court in May, accusing Dish of breaching the "pay television" provisions of its contract. Both Disney and Starz said they sent cease-and-desist letters to Dish to stop the giveaway, which began in February, but Dish refused to do so.
Dish responded in its own court filing that Disney had failed to show sufficient urgency or immediate harm for the court to block the free promotion before a trial occurs in the case. The company pointed to Disney's four-month delay in filing the lawsuit.
Dish also argued that its 30th anniversary promotion is permitted under a Starz licensing agreement.
"Dish Network pays hundreds of millions of dollars for the right to distribute Starz content to our customers, which includes the rights to a number of Disney movies," Dish said in a statement in May, describing the dispute as one that should be between Starz and Disney.
Disney did not immediately respond to a request for comment.
Starz (LSTZA.O), a subsidiary of Liberty Media (LINTA.O), is also seeking a preliminary injunction against Dish. A Colorado judge has yet to rule in that case.
The Disney case is Disney Enterprises Inc et al v. Dish Network LLC, U.S. District Court, Southern District of New York, No. 11-2973. (Reporting by Terry Baynes; Editing by Tim Dobbyn)
I couldn't find any other threads on this.
http://www.reuters.com/article/2011...S&feedName=cyclicalConsumerGoodsSector&rpc=43
Judge rejects Disney request for preliminary injunction
* Dish airs Disney movies for free in year-long promotion
* Disney and Starz say sent Dish cease-and-desist letters
NEW YORK, June 3 (Reuters) - A federal judge has denied Walt Disney Co's (DIS.N) attempt to block Dish Network Corp (DISH.O) from distributing popular movies including Disney's "Toy Story 3" and "Alice in Wonderland" for free as part of a year-long promotional giveaway of its Starz channels.
The New York judge rejected Disney's request for a preliminary injunction against Dish without explanation in a one-line order issued on Thursday.
Disney filed a copyright infringement suit against Dish in May, accusing the satellite television provider of devaluing the rights to its movies and interfering with its licensing strategy. The media giant said it would suffer "irreparable harm" if the court did not intervene and stop Dish from providing free access to Starz in honor of its 30th anniversary.
Disney argued that it had only granted Starz permission to air the movies under the condition that Starz would be on a premium tier with television distributors.
Starz filed its own lawsuit in Colorado state court in May, accusing Dish of breaching the "pay television" provisions of its contract. Both Disney and Starz said they sent cease-and-desist letters to Dish to stop the giveaway, which began in February, but Dish refused to do so.
Dish responded in its own court filing that Disney had failed to show sufficient urgency or immediate harm for the court to block the free promotion before a trial occurs in the case. The company pointed to Disney's four-month delay in filing the lawsuit.
Dish also argued that its 30th anniversary promotion is permitted under a Starz licensing agreement.
"Dish Network pays hundreds of millions of dollars for the right to distribute Starz content to our customers, which includes the rights to a number of Disney movies," Dish said in a statement in May, describing the dispute as one that should be between Starz and Disney.
Disney did not immediately respond to a request for comment.
Starz (LSTZA.O), a subsidiary of Liberty Media (LINTA.O), is also seeking a preliminary injunction against Dish. A Colorado judge has yet to rule in that case.
The Disney case is Disney Enterprises Inc et al v. Dish Network LLC, U.S. District Court, Southern District of New York, No. 11-2973. (Reporting by Terry Baynes; Editing by Tim Dobbyn)
