Judge Rejects Injunction Against DISH’s Ad-Skipping Service

ENGLEWOOD: A California judge has ruled against Fox Broadcasting Company’s efforts to block DISH subscribers from using the PrimeTime Anytime and AutoHop features on the Hopper Whole-Home DVR.

The PrimeTime Anytime function allows users to record prime-time shows on ABC, CBS, NBC and FOX and save them for up to eight days. The AutoHop feature allows users to essentially skip over commercials, as PrimeTime Anytime recordings can be played back commercial-free starting the day after broadcast.

The judge ruled that DISH customers using PrimeTime Anytime cannot be liable for copyright infringement. The recordings also do not infringe on FOX’s exclusive reproduction rights under federal copyright laws, the judge declared. It was also ruled that AutoHop does not violate the VOD provisions of the 2010 retransmission consent agreement signed between FOX and DISH. The court decided that FOX has not established that it has suffered irreparable harm from DISH making "quality assurance" copies.

R. Stanton Dodge, DISH’s executive VP and general counsel, commented on the ruling: "Today’s ruling is a victory for common sense and customer choice.

"DISH is gratified that the Court has sided with consumer choice and control by rejecting Fox’s efforts to deny our customers access to PrimeTime Anytime and AutoHop—key features of the Hopper Whole-Home DVR.

"The ruling underscores the U.S. Supreme Court’s ‘Betamax’ decision, with the court confirming a consumer’s right to enjoy television as they want, when they want, including the reasonable right to skip commercials, if they so choose.

"We look forward to vigorously defending AutoHop and PrimeTime Anytime, and the choice and control those features deliver our subscribers."