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Old 07-15-2014, 04:00 PM   #1
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Court of Appeals Upholds DISH Hopper Ruling

"ENGLEWOOD, Colo., Jul 14, 2014 (BUSINESS WIRE) -- Today, the United States Court of Appeals for the Ninth Circuit affirmed a lower court’s September 2013 rejection of the Fox Broadcasting Company’s efforts to bar DISH subscribers from using two place-shifting features found on DISH’s Hopper® Whole-Home DVR platform: DISH AnywhereTM and Hopper TransfersTM.

The following statement is attributable to R. Stanton Dodge, DISH executive vice president and general counsel:

“Today’s decision is the fifth in a string of victories for consumers related to our Hopper® Whole-Home DVR platform. DISH is pleased that the Court has sided again with consumer choice and control by rejecting Fox’s efforts to deny our customers access to the DISH Anywhere and Hopper Transfers features. Last year, the Ninth Circuit also rejected Fox’s attempt to block customers from using the AutoHop and PrimeTime Anytime features. We will continue to vigorously defend consumers’ right to choice and control over their viewing experience.”

DISH Anywhere, using Sling technology built into DISH’s Hopper with Sling® Whole-Home DVR, provides a DISH customer, once they receive a television signal in their home, the capability to remotely view that signal from a single Internet-connected device (mobile phone, tablet or PC). Sling technology has been available since 2005 and Fox’s motion was the first to seek to enjoin it.

With the Hopper Transfers feature, a DISH customer can move or duplicate certain Hopper DVR recordings made by the customer to an iPad; and unlike DISH Anywhere, no Internet connection is needed for viewing.


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Old 07-15-2014, 04:04 PM   #2
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Old 07-16-2014, 11:00 AM   #3
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This was predicted. The question is will Fox seek to take this to the SCOTUS, where the outcome is far less certain.

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Old 07-16-2014, 02:37 PM   #4
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Not criticizing but if you only check corporate press releases (that link is a DISH press release) you'll get a representation with a lot of spin.

More neutral account:
Ninth Circuit Won't Block Hopper Either
Upholds Lower Court Decision; Underlying Case Still To Be Adjudicated
7/14/2014 4:30 PM Eastern

In a victory for Dish over Fox, the Ninth Circuit Court of Appeals has affirmed a lower court's September 2013 denial of a preliminary injunction against Dish’s Hopper DVR service.
- See more at: http://www.multichannel.com/news/tec....eRAPTqiO.dpuf
So that's still in pretrial motions.

Last edited by telemark; 07-16-2014 at 02:43 PM.
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