Sony Pixel Power calrec Sony

Court Again Denies Dish Hopper Injunction

15/07/2014

PASADENA, CALIF. The judges who heard Fox lawyers appeal for an injunction against Dish's Hopper last week didn't buy the network's argument. The U.S. Court of Appeals for the Ninth Circuit denied Fox's request to reverse a denial of injunction from Judge Dolly Gee of the U.S. District Court for the Central District of California.

Richard Stone argued last Monday that Fox would suffer irreparable harm if Dish were allowed to continue marketing and enabling the Hopper, a set-top box that automatically can be programming to record broadcast TV programming in primetime and to skip the commercials. Judges Marsha S. Berzon, John T. Noonan, Jr., and Dana M. Sabraw were skeptical, given Dish could provide subscriber numbers for the Hopper and therefore estimates of damages could indeed be calculated.

The three-judge panel said the district court did not error in concluding that Fox did not demonstrate harm that could not be remedied by payment. Irreparable harm must be demonstrated for a preliminary injunction to be issued.

Dish introduced the Hopper at the 2012 Consumer Electronics Show and rolled it out in March of that year. Broadcasters sued in the California court in May, while Dish countersued within 24 hours in the U.S. District Court in Manhattan, which found in 2008 that Cablevision's digital video recording set-top box did not violate network copyrights. Dish was rolling with the Cablevision precedent, but it countersued a little too quickly and was found to be improperly anticipatory. The case was left for the California courts to hash out.

Judge Sidney R. Thomas of the U.S. Court of Appeals for the Ninth Circuit previously affirmed Judge Gee's denial of a preliminary injunction predicated on the question of whether or not the Hopper violated copyright. Both judges said Fox had a greater chance of proving breach of contract, given that ad-skipping specifically was prohibited in video-on-demand in the 2010 carriage contract between Fox and the satellite TV provider. Both judges indicated that Dish failed explain how the Hopper's function was different from VOD.

The case remains in Gee's court.

See

July 7, 2014, Fox v. Dish Hopper: Court Skeptical of Irreparable Damages

An attorney for Fox implored a trio of federal judges to kibosh Dish's hopper, which can be set to automatically record primetime broadcast TV programming and skip the commercials. Richard Stone, arguing for Fox, said the district court that initially denied the injunction against Dish abused its discretion by departing from precedent set in previous streaming cases

June 25, 2014, Broadcasters Prevail in Aereo

Aereo performs petitioners works publicly within the meaning of the transmit clause of the Copyright Act, Amy Howe said in Bloomberg's live blog of the U.S. Supreme Court.

July 24, 2013, Judge: Dish May Have Breached Fox Contract

Fox has more of a chance demonstrating that Dish breached its contract rather than violated copyright law with the Hopper, according to a court opinion released today.

November 12, 2012: Fox Appeals to Stop the Hop

Fox's legal team wasted no time in appealing a federal judge's decision last week to let Dish keep on skipping broadcast TV commercials.

November 8, 2012: Judge Lets Dish Keep On Hopping

In May, as the networks prepared to sue, news of those impending lawsuits leaked. Within 24 hours, Bloomberg said Dish countersued in U.S. District Court in Manhattan.
LINK: http://www.tvtechnology.com/news/0110/court-again-denies-dish-hopper-i...
See more stories from tvtechnology

Most recent headlines

04/08/2024

Dalet Appoints Santiago Solanas as CEO to Lead Next Era of Growth and Innovation

Dalet, a leading technology and service provider for media-rich organizations, is excited to announce Santiago Solanas as its new Chief Executive Officer (CEO)....

03/06/2024

Dalet and Veritone Reach Agreement to Distribute, Transact and Monetize Media Archives

Dalet, a leading technology and service provider for media-rich organizations, a...

19/05/2024

TV Techs Weekly Product Wrap-Up

Missed any of our product coverage during your busy week? The TV Tech weekly product and services news wrap-up provides links to all of our coverage from May 13...

19/05/2024

The CW Shares Its 2024-2025 Lineup

LeVar Burton will host the new game show Trivial Pursuit on The CW, while Raven-Symon will host Scrabble....

19/05/2024

Biden, Trump Agree to Debates on CNN, ABC

President Joe Biden and former President Donald Trump have agreed to debates, set for June 27 on CNN and September 10 on ABC....

19/05/2024

End of the Line for Young Sheldon' on May 16

Young Sheldon signs off after seven seasons on CBS, when the series finale airs Thursday, May 18. Jim Parsons and Mayim Bialik reprise their roles as Sheldon Co...

18/05/2024

If Bundling Is Back, What's the Ideal Bundle?

PORTSMOUTH, N.H. Bundling is back in a big way, with all the major streaming companies and many pay TV operators exploring ways to simplify the consumer experie...

18/05/2024

FCC to Vote on LPTV Rules during June Open Meeting

WASHINGTON, D.C. Federal Communications Commission Chairwoman Jessica Rosenworcel has announced a tentative agenda for the June Open Commission Meeting schedule...

18/05/2024

Matthews Launches New Multipurpose Grip Rail Telescopic Grid Pipe Solution

Matthews Studio Equipment has introduced Grip Rail, which the company said offers a better way to mount equipment on location, in the studio, or on the fly....

18/05/2024

IAB Tech Labs, Google Partner on New First Party Data Solution

In a notable development in the industry-wide effort to address privacy concerns while improving efficacy of marketing efforts in a cookieless ad landscape, IAB...

18/05/2024

TV Tech Weekly Product Wrap-Up

Missed any of our product coverage during your busy week? The TV Tech weekly product and services news wrap-up provides links to all of our coverage from May 13...

18/05/2024

DHD Elevates the Art of Podcast Production

DHD Elevates the Art of Podcast Production Brie Clayton May 17, 2024 0 Comments Hero image: the DHD DX2 base and expansion modules Latest-generation ...

17/05/2024

Aerojet Rocketdyne's Camden Site Leverages Modernization Investments to Accelerate Solid Rocket Motor Production

Aerojet Rocketdyne has worked to modernize facilities at its Camden, Arkansas, l...

17/05/2024

FCC Plans to Revise LPTV Rules

The FCC has issued a Notice of Proposed Rulemaking (NPRM) that would revise rules governing low power TV stations (LPTV) in a number of areas, including online ...

17/05/2024

Demystifying Post-Production: Introducing Cinema 4D Particles Week 4

Demystifying Post-Production: Introducing Cinema 4D Particles Week 4 Brie Clayton May 17, 2024 0 Comments With the spring release of Maxon One, we&#...

17/05/2024

Takashi Yamazaki Film Godzilla Minus One Graded with DaVinci Resolve Studio

Takashi Yamazaki Film Godzilla Minus One Graded with DaVinci Resolve Studio Brie Clayton May 17, 2024 0 Comments Hero image credit: 2023 TOHO CO., LT...

17/05/2024

Sterling Event Group Streamlines Live Event Productions with AJA

Sterling Event Group Streamlines Live Event Productions with AJA Brie Clayton May 17, 2024 0 Comments Live event productions only happen once, which ...

17/05/2024

Meet the product manager

Muster Ngobi, product manager at LYNX Technik tells TVBEurope how the ever-evolving media industry provides a truly dynamic working environment By Matthew Corr...

17/05/2024

TV, Streaming Schedule for 2024 NFL Regular Season Is Released

NEW YORK As declines in linear TV viewing make the ongoing popularity of live sports, particularly football, central to financial success of the TV industry, th...

17/05/2024

Netflix Ad Tier Hits 40M Monthly Active Users

During Netflixs second Upfront presentation to advertisers, Amy Reinhard, Netflix's president of advertising, walked advertisers through the continued growt...

17/05/2024

Scripps Promotes Jeff Kiernan to VP, Local News

CINCINNATI The E.W. Scripps Company has added to its leadership team for news by promoting Jeff Kiernan a veteran journalist and general manager of Scripps'...

17/05/2024

Survey: New Disney-Fox-WBD Sports Streamer May Hurt Pay TV Sub Counts

Top executives from Disney, Fox and Warner Bros. Discovery have consistently insisted that their joint venture to launch the Venu Sports streaming bundle in the...

17/05/2024

Caitlin Clark's WNBA Debut Set Viewing Records

ESPN has announced that its coverage of Caitlin Clark's WNBA debut in the Indiana Fever versus the Connecticut Sun season opener was the most-watched WNBA g...

17/05/2024

ATEM Mini Extreme ISO switcher and Blackmagic Pocket Cinema Camera 4K

ATEM Mini Extreme ISO switcher and Blackmagic Pocket Cinema Camera 4K Brie Clayton May 16, 2024 0 Comments Blackmagic Design announced today that Yoic...

17/05/2024

Pixomondo's Virtual Production Academy Expands with Programs at Sony PCL, Vook, and Vancouver Film School

Pixomondo's Virtual Production Academy Expands with Programs at Sony PCL, Vo...

17/05/2024

WBD Upfront Show Offers Peeks at House of the Dragon,' White Lotus,' Biden-Trump Debate

The Warner Bros. Discovery upfront presentation took place Wednesday, May 15 at ...

17/05/2024

The Black Keys, Jelly Roll, Kate Hudson Set To Perform on The Voice' Finale

Season 25 of The Voice wraps on NBC Tuesday, May 21, with performances from The Black Keys, Jelly Roll, Kate Hudson, Lainey Wilson, Muni Long, Thomas Rhett and ...

17/05/2024

CNN Boss Mark Thompson's Plan Includes More News in More Categories on More Devices (Upfronts)

New CNN CEO Mark Thompson spelled out his plan for the struggling news network d...

17/05/2024

Netflix To Launch In-House Advertising Tech Platform

Netflix, a newcomer to the advertising business, said it plans to launch an in-house advertising technology platform....

17/05/2024

Netflix Plots TV Takeover at Upfront Presentation

Netflix shared some programming projects at an upfront presentation in New York. Those include the basketball-themed comedy series Running Point, a Mindy Kaling...

17/05/2024

Plex Geek Week Sale Offers 20% Off Plex Lifetime Pass

Plex is offering movie and music collectors a 20% discount off its Lifetime Plex Pass as part of its Geek Week sale....

17/05/2024

GroupM Names Toby Jenner as President, GroupM Clients

Giant media buyer GroupM said it named Toby Jenner as global president, Group M Clients, a new position at the company....

17/05/2024

Clients of Independent Agencies Boost Programmatic Buying

Smaller advertisers are increasingly buying connected TV programmatically, according to a new report from FreeWheel, Comcast's ad-tech unit....

17/05/2024

TCLtvPlus Adds Streaming Music Channels From Vevo

TCLtvPlus, the streaming app on smart TVs made by TCL, has added live linear channel from music-video programmer Vevo....

17/05/2024

StackAdapt Adopts Data From Samba TV for Programmatic Campaigns

StackAdapt said it made a deal to integrate data from Samba TV into its programmatic advertising platform....

17/05/2024

Tonight on House of Zwide: Dorothy is blown away by Ona's sketches for her wedding dress

Tonight on House of Zwide: Dorothy is blown away by Ona's sketches for her w...

17/05/2024

Tonight on Scandal: Dintle has a visit from her past that leaves her very unsettled

Tonight on Scandal: Dintle has a visit from her past that leaves her very unsett...

17/05/2024

Save Time and Money with WO Traffic v24.0

WO Traffic provides a solid foundation from which stations can manage, execute, and scale end-to-end ad trafficking and sales, both today and into the future. W...

17/05/2024

Broadcast Innovation in India: How AI and Automated Production Helps Smaller Sports Grow

Broadcast Innovation in India: How AI and Automated Production Helps Smaller Spo...

17/05/2024

SVG Sports Cloud Production Forum Gives Refresher Course on Cloud-Based Tools, Ecosystem

SVG Sports Cloud Production Forum Gives Refresher Course on Cloud-Based Tools, E...

17/05/2024

WNBA Tip-Off 2024: Scripps Sports Constructs New Studio for Second Season of WNBA Friday Night Spotlight on ION

WNBA Tip-Off 2024: Scripps Sports Constructs New Studio for Second Season of WNB...

17/05/2024

SVG College Summit 2024: Auburn's War Eagle Productions Breaks Down How They Produce Live Gymnastics Broadcasts

SVG College Summit 2024: Auburn's War Eagle Productions Breaks Down How They...

17/05/2024

Netflix & Shondaland Announce the Song List and Soundtrack for 'Bridgerton' Season 3: Part 1

Back to All News Netflix & Shondaland Announce the Song List and Soundtrack for...

17/05/2024

Skeem Saam: Thursday's episode, 16 May 2024 [video]

Skeem Saam: Thursday's episode, 16 May 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African soa...

17/05/2024

Prison Journalism: Letter to my mothers

Prison Journalism: Letter to my mothersThabo Mthembu was incarcerated in Pollsmoor Prison from 2014 to 2019. Read Thabo's story by Thabo Mthembu 17-05-20...

17/05/2024

Paul McCartney becomes UK's first billionaire musician

Paul McCartney becomes UK's first billionaire musicianMusic icon Paul McCartney has become the UK's first billionaire musician, according to the Sunday ...

17/05/2024

Tonight on Smoke and Mirrors: Sakhile advises Tiny against sabotaging Petunia

Tonight on Smoke and Mirrors: Sakhile advises Tiny against sabotaging PetuniaDon't miss Friday, 17 May's riveting episode of South African soapie Smoke ...

17/05/2024

RT'S Operation Transformation comes to a close after 17 seasons

RT has today announced that Operation Transformation (OT) is to end after 17 seasons. As series come to an end each year, RT undertakes an editorial review to...

17/05/2024

Studio One: Your Binaural Beats Lab

By Craig Anderton When I heard about binaural beats, I was interested-I like beats, and I'm into binaural audio. But this has nothing to do with either o...

17/05/2024

May 16, 2024

Scripps Research chemist Donna Blackmond elected to the Royal Society of the U.K. Blackmond's wide-ranging work has shaped origin of life theories, our unde...