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Mr. Marcus's ascension was announced as negotiations were extended between Time Warner Cable and the CBS Corporation over a new carriage contract.
Dish asserted that it had the right to terminate the carriage contract because Cablevision had not lived up to its commitment to invest $100 million a year in VOOM.
In the Lockwood case this Court refused to follow decisions of the Supreme Court of New York, the State where the carriage contract was made and where the accident occurred, but instead, since there was no controlling New York statute, expressly decided the point as one of 'general commercial law.' 17 Wall.
Crossrail said the primary reason for pushing the award of the carriage contract from late 2013 to 2014 was to save costs, but said it would also allow "the conclusions of the government's review of public procurement to be taken into account".
The breakthrough came early Monday — 52 hours after the previous carriage contract had expired.
The previous carriage contract expired in late February, and the two sides agreed on an extension.
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It needs scale in part because carriage contracts with channel owners usually guarantee certain minimum payments.
There are provisions in many carriage contracts, sometimes called covenants, that include broad descriptions of the channels and assurances that the channels will live up to their names.
The broadcasters say it's a violation of their copyrights, and perhaps a violation of their carriage contracts with Dish, too.
Time Warner Cable, in its own lawsuit, argued that its existing carriage contracts with companies like Viacom cover all the screens in a subscriber's home.
Time Warner Cable, and to a lesser extent other TV providers, has thrown up roadblocks for new entrants by inserting language into some carriage contracts that discourages programmers from selling its channels to Internet TV services.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com