
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.
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
27/06/2026
There's no doubt that you've seen the world through Amy Vincent's ey...
27/06/2026
Brings together saturation & lo-fi effects
Following on from the release of their Voxcraft vocal-processing plug-in, UJAM have announced the launch of Retro...
27/06/2026
A record 4.84 million Australians choose SBS as the Socceroos advance at FIFA Wo...
27/06/2026
Why CRAS Upgraded to Symphony I/O MK II When an audio school runs studios all day, every day, gear doesn't just need to sound good , it needs to survive rea...
27/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/06/2026
Krotos Video to Sound Plugin Now Available for Adobe Premiere Pro
Brie Clayton June 26, 2026
0 Comments
Editors can analyze footage, generate synchron...
27/06/2026
Mirai Media Elevates Digital and Broadcast Productions with Blackmagic Design
Brie Clayton June 26, 2026
0 Comments
Studio uses Ultimatte 12 HD and Po...
27/06/2026
DURHAM, N.C. - JUNE 26, 2026 - Lutra Cafe & Bakery has opened its first brick-and-mortar location at American Tobacco Campus after owner Chris McLaurin operated...
26/06/2026
In-venue and creative video staffers at the professional and collegiate level ha...
26/06/2026
Strike Fighter League (SFL), a professional air combat digital sport combining f...
26/06/2026
Wisycom has announced three new additions to its professional wireless ecosystem...
26/06/2026
Eurovision Services inaugurated an expanded Master Control Room (MCR) in Madrid on June 1, 2026, building on a broadcast hub the company has operated in the cit...
26/06/2026
Midco Sports and the University of North Dakota (UND) have announced a two-year ...
26/06/2026
Guntermann and Drunck (G&D) and VuWall, both part of the Panoptec Technologies Group, have appointed Vutec (Pty) Ltd as exclusive distributor for their KVM and ...
26/06/2026
Visit Seattle, the official destination marketing organization for Seattle and King County, has launched what it describes as the world's first drone scoreb...
26/06/2026
CP Communications provided RF video, audio, and crew communications support for ...
26/06/2026
Produced by longtime partner Echo Entertainment, the action-sports property is now a team-based year-round league
The inaugural season of the MoonPay X Games L...
26/06/2026
The deal establishes MultiDyne Robotics and Motion Control, maintaining the well-known MRMC brand.MultiDyne Video & Fiber Optic Systems has acquired the assets ...
26/06/2026
PX1 will debut at Sonoma as TNT leans into super-slo-mo, drones, SMT data integr...
26/06/2026
Ratings Roundup is a rundown of recent rating news and is derived from press rel...
26/06/2026
Virtual session musician plug-in gains new percussion options
Celemony's latest update for their virtual session musician platform complements the exist...
26/06/2026
Half-size model joins Console 1 line-up
Shortly after the release of their new Flow Studio controller, Softube have announced the launch of another new surf...
26/06/2026
ELT Group and Rohde & Schwarz sign a cooperation agreement to explore commercial...
26/06/2026
For Teddy Swims sold-out I've Tried Everything But Therapy tour, event technology specialists, PRG, provided video, automation and lighting across 19 date...
26/06/2026
Modern exhibition and event venues face the challenge of seamlessly integrating traditional conference technology, professional broadcast workflows and IP-based...
26/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
26/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
26/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
26/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
26/06/2026
Neko Oji: The Guy That Got Reincarnated as a Cat Edited with DaVinci Resolve Stu...
26/06/2026
Adobe to Acquire Topaz Labs
Brie Clayton June 25, 2026
0 Comments
Adobe has seen strong demand for its AI products for creatives, including Adobe Fire...
26/06/2026
Berklee Students Earn Dedicated Section at Raindance Film Festival in London Five documentary short films produced in the Africana Studies Department screen a...
26/06/2026
How IMS Productions and FOX Sports scaled coverage of the 109th Indianapolis 500.
The last lap of this year's Indianapolis 500 delivered the kind of ending...
26/06/2026
Flicker Productions to produce five-part docu-reality series following women who have fallen for men in prison and have become TikTok sensations, with brands an...
26/06/2026
Catch up on the latest developments across Baselight and Daylight v7, Nara and F...
26/06/2026
26. June 2026 News
DFT is pleased to announce that a second Polar HQ film s...
26/06/2026
New documentary Freedom Founder: Thomas McKean and the American Revolution airs ...
25/06/2026
Launching a Career in Broadcast Engineering: Academic Paths and Essential Certif...
25/06/2026
This superstar shooter/storyteller from Central Indiana hopes to make his mark in the blossoming sports-documentary and -features space
In the live-sports-vid...
25/06/2026
Presidio and the National Hockey League have announced a multiyear renewal of their North American partnership. Presidio will remain an Official Technology Inno...
25/06/2026
Strike Fighter League (SFL) is the world's first professional air combat digital sport that combines elite human performance and physical immersion with cut...
25/06/2026
Rise, the award-winning advocacy group for gender diversity in the broadcast and media technology sector, is pleased to announce the global mentoring cohort for...
25/06/2026
The 2026 American Association of Professional Baseball (AAPB) All-Star Game will...
25/06/2026
Mediaproxy has named Heartland Video Systems (HVS) as its exclusive partner for US television broadcasting. The Wisconsin-based systems integrator will represen...
25/06/2026
Backblaze has formed an agreement with CoreWeave to create The Essential Cloud for AI.
Under the multi-exabyte, $335 million agreement, Backblaze will provide...