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    • Can you please also have a look at points 20-27? The sent me a remediation pack with not only statements but sums of arrears they haven't sent for 2 years, so I didn't know I was in arrears. Then they defaulted me after they apologised for their cca breach. I truly didn't understand what that pack was about. I thought it was some kind of a mistake they will make right later as SLC used to do this. Genuinely I thought that but I don't know if that's an OK defence?  
    • Thank you for posting the full sar.  So they definitely did place the PCN on your vehicle only to remove it 10 minutes later apparently because of a possible problem with the driver which seems highly unlikely [the reason for the PCN removal ]. Did the driver even see the warden at all while they were photographing the car . They did take several pictures spread over 12 minutes or so using a flash so the driver would have seen the car being photographed had they been there.   Very strange. You said that you had an onboard camera -are you able to go back and see what happened? Was the warden wearing UKPC clothing? In any event that PCN has not complied with the Protection of Freedoms Act 2012 Schedule 4.  That should be a Notice to Driver and the follow up PCN should not be sent until 28 days AFTER the day the first PCN  was given were it a postal PCN. Instead the knuckleheads have issued the follow up PCN on the 28th day of their dodgy first PCN and so totally blowing all their machinations to get over the fact that  the windscreen ticket wasn't a windscreen ticket. In neither case, even if they had been sent properly, they were non compliant. neither of them showed the period of parking which is specified in the Act. Both just show a time of issue at 20.02 but no end period. Their  "mistake" in not giving 29 days  before issuing their keeper Liability notice, makes the PCN more than just non compliant. It means that the PCN was unlawful and probably deliberate as had UKPC waited until the correct time to send that Notice, it would have delayed it until the Monday. And as they probably knew that had not received the original windscreen PCN perhaps they thought it better to rewrite the Law. Part of that is conjecture but the basic fact is correct-the Notice was unlawful. And for that there should be repercussions. My first thought was the ICO but  as it isn't really a breach of data protection it goes higher than that. Perhaps the Site Team would know. I did look at the Legal Ombudsman but they are for complaints against lawyers.  I cannot imagine a decent lawyer even countenancing such a thing though were are dealing with third rate ones when involved with some parking companies.   For reference PoFA Schedule 4 S8 and S9 [2][f] f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— Their PCN dated 12/04/24 states "as 28 days have now elapsed since the Notice to Keeper was given, Parking Control management [UK] Ltd. [the creditor] are now able ...........to recover the unpaid parking charge from......... the registered keeper. The original PCN was marked by them as being deemed delivered 15/03/2024 so 28 days +1 =13/04/24. Their letter was sent one day early which means they altered or ignored the law . I have never seen that "error" on any other Notice from any of the parking companies. As the Member did not receive the original PCN which was originally a Windscreen ticket but they then changed it to a postal one for some fanciful reason the whole scenario reeks of skullduggery. I am going to ask again from Hamz why their warden might have felt scared about a confrontation with the driver but even if there was a chance the PCN was placed on the windscreen and not removed for around a minute but pictures had already been taken so why remove it? And then why produce a brand new keeper Liability Notice the like of which I have not seen before.  
    • You have not been allowed the statuary 7 days to prepare or submit your statement as you only only received the notice of hearing on Saturday   Example   Erudio Student Loans Limited V XXXX Claim No: XXXXX Witness Statement in response to the claimants application It is respectfully requested that the court allow this statement as evidence in response as I was only informed of the hearing date on Saturday 11th May 2024 and therefore denied 7 days to respond. I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since. I will respond to the same numbered paragraphs as the claimant’s statement as follows: 1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.  Background Insert your pars here   Defendants Response to claimants claim/ Application Insert your points here  Conclusion Insert your points here but finish with the following. 16.  In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety. The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)     Statement of truth I, XXXXXXX defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed:  Print Name: Dated:
    • Thank you @BankFodder. Apologies for not being clear. Here are some further details that might help clarify: The item in question is a replica of a movie prop. I build highly accurate movie props as a hobby and these items are machined by enthusiasts in very small runs (50-100) and once they're gone, they're gone. I missed out on one of these runs but a friend from the community had purchased two and decided he only needed one so offered to sell me his other one. I bought the replica prop from him and asked him to send it to my Stackry address in USA. He is based in USA and I am based in the UK. Had he shipped it directly to me in the UK, due to the size and weight, the shipping would have been expensive. Stackry is a service in the USA that has access to cheaper couriers. I have used it many times before without any issues. I simply sign in to my account when they notify me the package is received, fill out the customs form, and select my home address in the UK, select one of the couriers after receiveing a quote based on size and weight and pay the shipping fee. On this occasion I chose GlobalDirect. I had no idea the item would be handed over to Evri on arrival to the UK. The initial tracking was with DHL e-commerce. The second tracking number on arrival to the UK was with Evri. It was Evri who lost the parcel through negligence. Below is a complete timeline of events. The item made its journey from my friend in the USA to Stackry, USA without any problems. I was notified when the package was received. The item also made its journey via DHL/Global Mail Direct from the USA to the UK without any issues. The problem happened in the UK, with Evri.   I did not take out insurance. The price of the item was £185.01 Shipping from Stackry, USA to my home address in the UK with Global Mail Direct was £17.87. Total £202.88.  The letter of claim is below. The 14 days is not up yet but I have every intention on following through. I have no priror experience with this which is why I came here for advice, but I have found the online claim form on Gov.UK and intend to start there.   TIMELINE:   Item purchased from individual in USA on 26/3/24. Payment made by PayPal. Item shipped to Stackry, USA on the same day. Item advised received by Stackry on 29/3/24. Redirected by myself to my UK home address on the same day. Payment made and selected Global Mail Direct as the courier of choice. Tracking number generated for DHL e-commerce 02/04/24: arrived to the UK and cleared customs 03/04/24: processed at local distribution centre, forwarded to delivery agent (Evri) - new tracking number generated 06/04/24: marked”out for delivery” at 08:52. No delivery attempt made all day. At 21:21 marked “on its way back to sender”.  09/04/24: no further updates since “there’s an issue with your parcel. Contact the sender”. Customer support contact via email almost on a daily basis from 08/04/24 to 23/04/24 to no avail. Letter before claim sent on 03/05/24.   03/05/2024   Letter before small claims court claim   EVRi Parcelnet Limited Capitol House 1 Capitol Close Morley Leeds LS27 0WH   Dear Sirs   Reference: Parcel with the tracking number H01PQD0027409372 / H01PQA0027204793 lost by EVRi   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.   I have been in contact with customer support numerous times since 08/04/2024. Your driver marked the item “Returning to sender” without a valid attempt at delivery. The package is since then stuck in limbo with no further tracking updates, and as of today 03/05/2024 still says “on its way back to sender”. I have spoken to your representatives many times and they did not offer any help trying to track down the missing parcel or offer me any option for compensation. I have explained that I am both the sender and the recipient, and I am therefore within my rights to claim compensation for this missing item. I have full records of the item from the point of purchase, to its journey with DHL in the USA, and with EVRi in the UK, until it was lost in the system. The value of the item including shipping is £202.88.   From you I am claiming £202.88 paid in full to compensate the price of the item (£185.01) plus international shipping (£17.87).    Listed below are the documents on which I intend to rely in my claim against you: Screenshots of transaction made with the original seller of the item, including photographs of the item and Paypal transaction. Screenshots of the item received by Stackry in the USA and shipping cost via Global Mail Direct to my address in the UK. Screenshots of tracking with DHL Screenshots of tracking with EVRi Email correspondence with various customer support members at EVRi     I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  I would invite you to put forward any proposals in this regard.  In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.    
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Unfortunately, the letter above is meaningless without information on what the original query is, as an explanation without this means nothing.

 

As to the ear;er cpmment about it being a 'ridiculous law' - this beg the question, remove the law and then what?

 

The only solution would be, if not a tax, then programming funded by advertising. This would mean that the BBC would require to provide programmes with advert breaks within.

 

Now, with the World Cup Final coming up, and being carried by BOTH BBC and ITV, who do you think will have the higher viewing figures, and why?

 

It's a no brainer - stick with a provider that will deliver what is promised, a footie match. Someone providing parts of a footie match indispersed with adverts is not going to be popular (irrespective of whether they miss any goals in the process). Then there's the fact that if advertisers spread their budgets between a new range of channels (BBC1-4), ITV and the rest will see a drop in revenues, putting them back on a precarious road.

 

By all means, iron out the nonsense of 'installing' and 'viewing' meaning the same thing in law, but this problem is only the tip of the iceberg.

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I got my license issued in the name of my dog to prevent harassing letters or at least let me have a laugh if anyone knocked asking for her, also the postie is very pooch aware and would have a titter when noticing our doggy received mail. Guess what the surname arrived on the plan was wrong and totally unrelated to our household. Pointed out I would use the card to pay the first installment over the phone as the account numbers were apparantly going to stay the same and they would reissue the card which would take two weeks.

 

The first date payment due was to be received by 23/-6 (their choice of dates and to the sum of just below six pounds) I rang over a week ago and they tried to take just under twelve pounds.

 

I questioned why double and they tried to argue I should pay more even though not yet due under the new plan. So I say again, a lot of this is down to the collecting agents also being a debt collectors company IQOR. You offer a dca 1.00 they ask for 100.00 obvilously they cant get away with that under the tvl scheme printing ammounts and dates required to their own specifications, so they try for double instead;)

 

In the end even though taking the payment they said I was not to watch tv for at least two weeks even though plan said as long as adhere to I am now owner or dog is:p of a valid license.

 

Called bank and found out they got the payment two days later, so as far as I am concerned they can bog off or deal with the real license holder next time, wuff wuff xxxxxxxx

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Just to add my greivance started with them when I made a payment in advance and the operative asked as I only had one payment left due the following fortnight would I pay it to save calling again. I thought at the time it made sence. Was told the next years plan would arrive a few weeks later and reassured the first payment would be due one month later to take into account I had paid off the early payment, their words.

 

Payment plan arrived you guessed it, with first payment due the same date had paid for. Rang to say you need to reset the plan as not fair and on benefits to be layed into by them and felt disgusted.

 

Decided then not to replace damaged telly but later relented due to kids.

 

Have to say the weeks not used was peaceful xx

 

I reapect that if watch need license wether I want to pay or not, but resent the implication that because I was insisting politely they reschedule the payments that the fact I was on benefits didnt matter to them and I needed to pay. What got me was the staff actually told me they are told to encourage people to pay off the plans early and the plans then run on, unfair and rude.

 

Rant over. I am legal but despise the gets in the offices, they all deserve us communicating with respect, but when dca themselves they need to realise unless a person is in arrears a household deservers respect when questioning why they are trying to screw them over xxxx

 

Ah feel better now xx

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I am laughing away at the incompetance of these people. They again today sent me the new altered card due to otheone having wrong surname of my pooch, guess what, wrong again:):) They are going to have to send another one out and as he said hope for the best. Maybe pooch will get hrh on the next one?xx

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I've had my latest threatogram today - always come on a Saturday. I do watch TV, am fully paid up, have been for many years. Think there may have been one year I was about 3 days late in renewing. I now consider them an absoloute joke and wonder why I've bothered staying legal all these years. I'm obviously going to be hounded whether I pay or not.

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I don't mind paying, I stil think it good value (despite me actually using radio considerably more, and it supposedly 'free' of any charge).

 

Like you, there was a glitch on their system and I started getting the letters, this was despite me having a full licence without a break for some 4 years at my address. The letters came monthly, always arriving in time for the weekend, which I of course ignored. I must have had at least 30 of them, then 'an inspector called', who asked to see my licence.

 

Keeping him at the door, I retrieved the licence and showed it to him - and he said that the reason I was being pursued, was because the address on my licence 'didn't cover' my address. I explained that as as the application form required my 'full postal address', that is what he was provided with. You see, for 20 plus years, I have a Royal Mail PO Box (as a large user) and even have my very own exclusive postcode. My mail is delivered by van, so IS my postal address. I suggested if what they meant was my 'physical address' then their documentation was in error.

 

Regardless, I had a licence and was viewing legally. Like a dog with a bone he kept saying my address was unlicewnced. Me countering that he should prosecute my address, as I had already exhibited my licence and my obligation had been discharged.

 

He wasn't a happy bunny, but I never heard from them again.

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Guest jsa12

what all this shows its not easy just to walk away,the think that if someone who owns a television must pay this is not true,you pay if its watched broadcast live.

 

i have had many letters form tvl/capita nine with "action required immediately" this is not true and none is required,they use terms such as "enforcement" and "division" to create an impression of control this is misleading also. sending "enforcement officers to take your statement " is another attempt to mislead,what they are not mentioning is they are relying on you to cave in and submit to signing an incriminating form designed to do just that and in doing so leave yourself open to a potential court case,the people who we read have been prosecuted have done it to themselves,known as self incrimination.

 

totally ignore them shut the door never let them in they have right of entry,they don't like to be filmed or asked for immediate legal representation at their expense now,they will walk away.

 

i have not had a license for three years',the first six months were just letters then they became more desperate six moths of visits and cards through the door as they tried to recover that lost money after that its generally a six moth visit and monthly letters.

 

these are nasty people that have lied to obtain a conviction by falsely filling out self conviction forms known as perverting the course of justice and have turned aggressive in the past in some cases,the bbc ought to be ashamed.

 

 

the best section of this is at the end and needs to be watched through.

 

 

 

again best advice just shut the door don't talk to them,if they want to shout and scream outside let them there's nothing they can do.

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again best advice just shut the door don't talk to them,if they want to shout and scream outside let them there's nothing they can do.

 

Not it isn't - it's one way, but it certainly isn't 'best advice'. The law is clear, if you have a TV instsalled then you are liable for court action, and your mitigation if you don't watch it. The judge then rules on probability. This 'watching live TV' is meant to make it easier to understand, but opens up a bigger can of worms.

 

If you have a TV that can be used, then you're at risk. If you don't, you aren't - and no mitigation is required. Whatever you view of the enforcement staff from Capita, they do the job they do. The trouble is, those who make the song and dance in all probability DO having a working TV, and in all likelyhood, use it to watch live broadcasts and have a PVR - all of which makes them liable in law. That has not changed. So why should they not be pursued?

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Guest jsa12

capita/tvl have no more legal powers the the man on the street they are a private company,they will try and question you under the police and criminal evidence act known as pace if anyone is naive to talk to them however it holds as much legal weight as if anyone had read it they have no powers of arrest,hence requesting legal advice at their expense now.

 

that's just their problem, they portray powers but are completely legally impotent without your self incrimination,its also the bbc's arrogant belief that every household should hold a license regardless,an offense takes place if a set is tuned to a broadcast and that broadcast is watched live,a licence is not required to simply own a set for any other purpose games console dvd exe.

 

they will if you have not shut the door to try to lie/deceive/con their way in again they have no legal powers' of entry.

 

just shut the door say nothing thats the most important,they can apply to a magistrates court for a warrant,that very highly unlikely as this costs them money and are under pressure to bully and intimidate as their preferred method.

 

just ignore them,ignore their letters they are baseless legally with no obligation to contact, it costs them time and money chasing people,once seen what legal powers they have "none" the psychological threat disappears'.

 

just leave them stand in the street and act the fools' they are.

Edited by jsa12
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They don't need 'legal powers' if you mean entry without warrant. If required they get them, and it is not ordinarily refused. Similarly, for prosecutions, it is the CPS/PF that prosecute (not Capita, who simply provide the evidentiary basis for prosecution. If the CPS/PF don't like what they see, it doesn't go to court.

 

Actually, they DO have more powers, as they can refer cases directly TO those agencies for prosecution, which the 'man in trhe street' cannot do.

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Guest jsa12

how many warrants have they applied for?,its all a smokescreen to make you believe in something that is fabricated,capita are under pressure to provide results and sales from the bbc not to fund warrants'.

 

without your help its all legally baseless.say nothing/sign nothing/door closed.

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Why not ask them? I can say for the prosecutions I have followed in my local court there were around 40pa, since 2006 I've only been aware of 6 (that's in total, not per year). This is far more useful figure than 'the number of Warrants' issued. I don;t believe the BBC Trust has provided figures on the UK number of prosecutions initiated, which is a shame.

 

But the issue still remains, if you have a TV installed, you need a licence - irrespective of who 'watches' it. Like Council parking tickets, it is the driver that gets the ticket, but ultrimately it is the RK who is made to pay if they don't.

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if you have a TV installed, you need a licence - irrespective of who 'watches' it. Like Council parking tickets, it is the driver that gets the ticket, but ultrimately it is the RK who is made to pay if they don't.

The key word being "Installed" watching live TV requires a signal (live TV broadcast)

TVL work on commission its in their interest to find a "signal" without that they are stuffed.

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Installed is not defined, I've seen judged accept that it's very presence in a room at the premises equals installation. Similarly, AT vith with a plug cut off (presumably in the moments before the inspector rang the bell) ditto. The inspector testified the set was 'warm'. Strangely in that case there was no counter argument that no live broadcast was being watched, simply that on licence existed.

 

As for them working on commission - you seem to believe this somehow invalidates their right to operate? Surely the real issue is if you need a TV licence, you get one or don't have a TV? (Until they change the requirements). The system is not one where mugs pay, and anyone that doesn't want to only has not to answer their door.

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Sorry, at the expense of stating the bleedin' obvious. What TVL say they want is simply their interpretation, you can safely ignore it. You need to be guided by the enabling legislation (the Communications Act) as it is THIS that is used in the pursuit of those who break the law.

 

What the BBC Trust/TVL requires is an aspiration, nothing more.

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From the House of Commons library,

http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-01148.pdf

A TV Licensing spokesperson said:

 

“The licensing requirement is not for ownership of a device, but for the installation and

use of the TV receiving equipment.

 

“If you only ever use television receiving equipment to watch pre-recorded DVDs or

videos, or your TV receiving equipment cannot receive programmes as they are

being broadcast in the UK, then you do not need a licence.

 

“Those who wish to make it clear that they do not need a licence can take the

following actions to detune their television set, but this is not compulsory:-

 

• remove the television from the aerial;

• cover the aerial socket so that it can't be used;

• ensure that when channels on the television are selected no television signal

is received.”

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Guest jsa12

they will seek to distort this,as is the advice never let them in or communicate with them.most people these days have access to some sort of recording equipment mobile phone exe this is why they don't like being filmed,they state health and safety and will either be in the car or half way down the road more likely they don't want their activities' recorded.

 

they operate with all the dignity of a protection racket,they damaged the bbc through their conduct the bbc refuses to criticise them and are therefore part of this.they harass people they have no business with silly mail and personal visits' they have threatened to have people arrested before by not letting them in again more lies from powerless individuals' whose only methods are to pester.

 

BBCresistance.com | Home > The web

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From the House of Commons library,

http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-01148.pdf

A TV Licensing spokesperson said:

 

Is utterly, totally and completely irrelevant. Which bit of that don't you appreciate? This is a CRIMINAL action, and the Law (as enacted) the prime directive. Not what 'a TVL spokesman' says.

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As to the ear;er cpmment about it being a 'ridiculous law' - this beg the question, remove the law and then what?

Nothing, we all live in peaceful coexistence.

 

The only solution would be, if not a tax, then programming funded by advertising. This would mean that the BBC would require to provide programmes with advert breaks within.

As for me they all can get evening part-time jobs in fast food and keep the company running through donations. CNN, CNBC, Bloomberg, Euronews are all private business and provide wide range of their content for free and even somehow bring substantial profits to their shareholders.

Regards

Huski

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“Those who wish to make it clear that they do not need a licence can take the following actions to detune their television set, but this is not compulsory (...)

Almost like in North Korea, they also have "detuned" TV that can get only 1 official run by government TV channel.

Regards

Huski

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Nothing, we all live in peaceful coexistence.

 

 

As for me they all can get evening part-time jobs in fast food and keep the company running through donations. CNN, CNBC, Bloomberg, Euronews are all private business and provide wide range of their content for free and even somehow bring substantial profits to their shareholders.

 

You mean like US Public Broadcasting, that shows old (5+ years) programming after the primarly syndication rights have expired? You then get 12 minutes in each hour with telethon-type exhortations to pay the station, so they can keep on broadcasting?

 

No thanks!

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