[BC] No time for pirates
Tom Taggart
tpt at eurekanet.com
Sun Jul 20 17:21:08 CDT 2014
Henry:
The state court can't order a licensed station to stop transmitting,. that's clearly within Federal jurisdiction. But where the station is operating without any legal authority, the commercial station can legitimately argue the actions of the pirate causes harm to the commercial station's business. No different than if someone opened up a hot dog stand in the parking lot of McDonald's; and a matter entirely within state court jurisdiction.
Actual damages is an issued the defendant can argue. But that means the defendant pirate station must enter an appearance & and an answer to the complaint. Not likely to happen with a pirate, very likely to happen with the landlord of the pirate--who would be happy to evict the pirate and the pirate's antenna to make the matter go away.
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