Appeals Court Upholds Dish’s Hopper DVR Ruling

24 Jul, 2013 By: Erik Gruenwedel

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Dish Network July 24 said the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court's rejection (in November) of Fox Broadcasting Co.'s efforts to bar Dish subscribers from using select features found on the satellite TV operator’s Hopper DVR.

Specifically, the PrimeTime Anytime feature allows subscribers to record primetime shows on each of the four broadcast networks (ABC, CBS, NBC and Fox) and save them for up to eight days.

The AutoHop feature allows users consumers to watch recorded primetime programs without the ads the day after initial broadcast.

Fox, which sued Dish claiming AutoHop violated transmissions agreements, had sought a preliminary injunction. It was denied last year by U.S. District Court Judge Dolly Gee in Los Angeles.

"This decision is a victory for American consumers, and we are proud to have stood by their side in this important fight over the fundamental rights of consumer choice and control,” R. Stanton Dodge, EVP and general counsel, in a statement.

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