cablevision doesn't want to. abc says it will pull the plug sunday without an additional $40 million a year. >> tom: apple is suing rival smartphone maker h.t.c., accusing the taiwanese company of violating patents on its i- phone touchscreen. today's suit can be construed as an indirect attack on google, whose android operating system powers h.t.c.'s nexus one phone. apple wants a block on u.s. sales of the company's android phones. h.t.c. says it's reviewing the suit. this is the latest patent fight in the smartphone business. others involve nokia, research in motion, and kodak. >> susie: the treasury hopes to earn over a billion dollars tomorrow as it auctions off its bank of america warrants. that money will go to pay down losses on the tarp bailout fund. right now it stands at $117 billion. the president has proposed a tax on big banks to help cut those losses, but tonight's commentator thinks it's a losing proposition. he's douglas holtz-eakin, president of d.h.e. consulting and former director of the congr

cablevision and disney are fighting over disney rights fees. disney threat take yank abc off television this weekend if the company does not agree to hike the fee it pays to carry the channel. stay tuned on that one. pun intended. cablevision down almost 1%. walt disney up just a bit, 0.3%, larry? >> thank you, trish. >> airline stocks on the rise. analysts say the sector is on the road to recovery and poised for mergers. so the arc airline index is up 9% over the last month. hawaiian airlines seeing a big boost since last march, get this, the stock is up nearly 200%. today it is down a wee bit. ceo mark dunkerley joins us for an exclusive interview. you are merlin the magician, your profits are up fourfold over the past year, your share price is up 200%, how did you do it? >> well, thank you, larry. it's certainly nice to be in such a situation. it really wasn't me. a lot of hard work from it a lot of people in the business. bee have good employees and we have a measure of good luck we have the right strategy for the future. >> it was a terrib

early in the testimony previous to this transaction there was a challenge made by i think it was cablevisionvity, primarily the exclusivity provision. because those rules were written 20 years ago. the last 20 years things lick sunday ticket and -- like sunday ticket and nascar are exclusively on our competitor direct tv, dish network has something like 50 or 60 or 80 ethic channels that are exclusive. so, the question was should the rules apply to the new platforms that are now way more successful than they were 20 years agoç wn they didn't exist or should they sunset. rule sunset. but we have volunteered is that even if you were to win that case, we would want the program access rules to apply to us, and we are prepared to talk to the fcc about how to do that as part of this review. >> i think the committee should take a look at those program access rules and see if there is something we could be helpful on in making sure they are tight enough and broad enough, but is anything that is 20 years old in this current market obviously has huge issues without a -- with applicability today. it i

but the cablevision case is not the end of these battles, it is the beginning. one of the arguments made by content holders was every time you click the button and cablevision made a copy, it made a copy that needed to be licensed. when they sent a copy to your home, i want to see one of my favorite movies, it gets sent only to me and no one else, they claim that was a public performance. as of a song was being played on the radio or a television show was being broadcast. they also claim that offer copies necessitate a license, so the buffer copies that come up with do web streaming, the copyright owner's claim that a copy that needs to be licensed. this is only the second circuit. i suspect what other people come up with interesting cloud technologies and this technology essentially let you upload your digital files to the cloud, he is being sued by the recording industry for an awful lot of money. so copyright is huge. second is jurisdiction. i'm sure you heard about the google executives who were sued and convicted in italy because of a youtube video that acc

. >> we had, as everyone is a bear-- aware, recent breakdown in negotiations between abc tv and cablevisions governing and really professor i would like your comments on this, these efficient to protect consumers. might you suggest a change in the rules for retransmission consent and negotiation so that consumers are not constantly caught in the middle? this was a series of embarrassments. a feeling that too much muscle was being exercised over the viewing audience and it was disturbing. we jumped in and other people jumped in. i was not a soul lifeguard in this but a last-minute change was finally induced. is there something that you might suggest professor? >> can i think of something that will make it so every bargain goes to completion successfully when you have two people bargaining over money, the answer is no. there are times in every bargain where one party has to walk away from the table. it happened when i bought my house. two sides have a different set of values there is going to be deadlock and if we have a system built around bargaining that is going to be the case. can we do t