A Texas state court issued a simple denial today of Time Warner Cable’s motion to dismiss the case that pits it against Viacom so it could be heard by a U.S. District Court in New York City. Viacom argued that the cable company wanted to muddy the issues in two distinct cases: The one in Texas involves Time Warner Cable’s claim that CMT isn’t delivering the kind of programming it promised in a 2004 carriage agreement. The other case, in New York, is about whether Time Warner Cable’s programming agreements with Viacom include the right to stream shows to customers’ iPads. In the CMT case, Time Warner Cable says that it agreed to carry a channel largely devoted to country music. But the music on CMT, it says, “has been replaced almost entirely by movies and television series, which for the most part bear no relationship to country music.” Viacom counters that “overall programming approach and brand filtering has remained consistent.” Country music fans, it says, now prefer “a greater variety of programming” including non-music shows that have the “same types of values and stories” embodied by country music.
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