Fox Sues Dish Over Ad-Skipping Auto Hop
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But there is user intervention and that is the key to the entire thing.
User intervention to toggle watching an edit of the program with queues provided by DISH. Not the user.
I see room for debate, I don't see the slam dunk most of you seem to expect.
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If you read any of the tech sites (and I am talking about sites besides SatelliteGuys) they all think the networks are nuts and will lose this one. Imagine if any of these folks get on a jury.
This lawsuit does nothing to help consumers, the networks will look like the bad guys.
This lawsuit does nothing to help consumers, the networks will look like the bad guys.
If Dish (and Direct too) isn't careful, the networks might get bitchy enough and force Dish and Direct to not allow the skipping of commercials period--old or new technology. It will be like those stupid blu-ray discs that won't let you choose 'Top Menu' (aka skip the previews) until you've gone through all the previews.
If the technology exists for bypassing the commercials, the technology exists for forcing the commercials.
If the technology exists for bypassing the commercials, the technology exists for forcing the commercials.
will??????? they already do
I hope the court system agrees, however, that's always a crap shoot
Its already been proven in court that skipping commercials is not illegal, so good luck on that one.
Just a question but who here with a DVR actually watches commercials? Ever since the very first night 10 years ago when I got my first DVR I have maybe watched a hand full of commercials on my recorded events if it happens to catch my eye as I'm fast forwarding thru all of them. Auto hop or not I don't do commercials unless it's a live sporting event in which case I'd probably do some channel surfing until the event is back. I get my yearly fill of commercials on Super bowl Sunday.
It isn't an edit of the program. AutoHop simply detects the beginning and ending of the commercial block and skips it during playback. If you are watching with AutoHop and it skips a commercial block, if you immediately use the skip-back or rewind buttons you will see the commercials. They aren't edited out, they're just skipped during playback. And the user has to choose to use Autohop or not for each playback. So it is the user's choice.
jOr the OJ Jury...Just hope that the Jury is not the Casey Anthony Jury. if its them then we are screwed.
Exactly and notice that the Networks are not mentioning this. They want the public to think that the Hopper is editing the shows thus violating their copyrights.
It's an edit. It's not re-rendered excluding them, but you are watching a 'cut' of the program, with DISH's edits to the timeline, on a device that jumps over the excluded content based on queues provided by DISH, not by a customer's intervention at each cut.
Being able to back up off the rails of the edit you are watching is just another feature, and then it resumes the edit you've opted into watching when it started.
This is mostly semantics, but there's nothing incorrect about the above as I understand it, and that could make all the difference.
I'm not familiar with the ReplayTV lawsuit, but DISH providing the queues to skip the commercials is what I would think be the problem here if there is one.
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Its not an edit, its a skip. The original program and all commercials are all in tact on the hard drive. When it skips you can rewind and guess what the ads are there.
No different then you hitting the skip button on your remote.
No different then you hitting the skip button on your remote.
meStevo said:
Not really I the way you mean. Amicus briefs are more routinely seen at the appellate level, they are much less common. In any event, unless written by the government, they only come in at either the discretion of the court or with the consent of both parties. They are limited to arguments about the applicable law (I.e. intent and interpretation) and not the facts of the case. And the amicus filer has no way of influencing the direction of the case.
In this case, Fox has requested a jury trial, a jury will never see any such brief, the only real way to have a say in front of the jury is to Intervene and thereby become a party to the case.
meStevo said:
I definitely see the point you're making, I'm just not sure it's distinguishable enough from a user manually skipping the content to be problematic to Dish. My understanding of the ReplayTV situation is that they actually altered the broadcast by removing the commercials altogether.
It's not an edit and you are not watching a 'cut' of the program. You are watching the entire program that contains the commercials. It simply skips the commercial block when it gets to it. It doesn't matter if the user chooses each spot to skip or if it's pre-chosen for him/her. AutoHop doesn't edit the timeline, it marks the timeline.
If the user chooses to use Autohop then the user has chosen to skip the commercials, as is his/her right. It doesn't matter that the user doesn't have to manually press the skip-forward button or fast-forward button; it's still the user's choice.
BeyondTV has had a commercial auto-skip feature similar to this for years. How is that any different? I used to have a VCR that could detect and skip commercials, and that was perfectly legal. This is the same thing.
