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Judge Sides with Dish on Copyright Claims by Fox over Ad-Skipping Service
Dish Network LLC came out ahead in an important early test of the U.S. Supreme Court's decision in American Broadcasting Cos. Inc. v. Aereo, 134 S. Ct. 2498 (2104), largely escaping Fox Broadcasting Co.'s copyright claims over technology that records network television and replays it commercial-free. District Judge Dolly Gee, of the U.S. District Court for the Central District of California, sided largely with Dish and its lawyers, led by Orrick, Herrington & Sutcliffe's Peter Bicks and Annette Hurst, on copyright and breach of contract claims that Fox lodged against the satellite TV provider. The district judge released a sealed version of the decision just days before the two sides agreed to stay the case ahead of a potential settlement. Fox Broadcasting Co. v. Dish Network LLC, 12-4529.
In the lawsuit, Fox and its lawyers at Jenner & Block, led by partner David Singer, challenged Dish's Hopper set-top box and DVR, as well as its “PrimeTime Anytime” and “AutoHop” products. The services allow customers to digitally record prime-time programming on the major networks and replay those shows later while skipping commercials.
District Judge Gee's decision granted Dish's motion for summary judgment on several key copyright issues in the suit, and concluded that the satellite TV company's “PrimeTime Anytime” and the “AutoHop” ad-skipping services don't run afoul of federal copyright law. “Dish does not directly or secondarily infringe Fox's right of reproduction, distribution, or public performance by offering [PrimeTime Anytime] to its subscribers,” the judge wrote. “The linchpin in the copyright infringement analysis is whether Dish infringed Fox's exclusive rights of reproduction and distribution. AutoHop neither copies nor distributes anything ' it skips ads.”
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