Replies to post #18503 on Players Network Inc. (fka PNTV)

[lesgetrich]

Certainly seems like the MJ business is not going to save the company, or they'd have stopped pissing away money on legal fees by now.

I don't see how you can make that claim. Both the Comcast case and GLF can have equal merit. If their two claims stand, even a small award would be worth pursuing for a company with negligible current revenue.

The two claims that the court decided to hear were...

PLAYERS NETWORK, INC. V. COMCAST CORP.

c. Breach of the Implied Covenant of Good Faith and Fair Dealing

...Regarding Plaintiff's third asserted implied contractual obligation—providing sufficient storage for Plaintiff's programming—the Court finds that Plaintiff has sufficiently alleged facts supporting a breach of the implied covenant of good faith and fair dealing...

...Accordingly, the Court concludes that Defendant's Motion to Dismiss on this claim with respect to an implied contractual obligation that Defendants provide storage for Plaintiff's programming fails and must be denied.

and...

h. Breach of Consent Decree

Plaintiff's Seventh Cause of Action alleges that Plaintiff was a third party beneficiary of the terms of a Consent Decree between Defendants and the FCC, and Defendants violated and breached the terms and conditions of the Consent Decree...

45. In 2009 Comcast announced exclusive talks for the purchase NBC and Universal Studios, and thereafter worked toward the purchase of NBC and Universal Studios; but, the Federal government through the Justice Department, the Securities and Exchange Commission, the Federal Trade Commission, and the Federal Communications Commission ("FCC") was concerned that by purchasing NBC and Universal Studios, Comcast would become so big and powerful that it could dictate the terms of usages not only to its subscribers and customers, but to other smaller channels such as Players Network with whom they were under contract. Accordingly, Comcast entered into a Consent Decree with the FCC that permitted the purchase to proceed on the condition that Comcast would not limit access or discriminate against either subscribers, consumers or other channels.

PNTV can also resurrect four of the other claims if they provide the court with more evidence.

Whether to proceed with this legal case or not is a decision independent of the prospects for success with GLF. Any single violation of the contract could result in a large award.