They do it now. But it holds no personally identifiable information about anything so they are not violating their terms of service.
Fox Pitches Ninth Circuit On Dish Injunction
- Thread starter dfergie
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Fox says it bypasses the gold standard - Nielson - Ha Ha. The live internet connection is streaming details on essentially "every" subs viewing habits vs the sample Nielson runs. Dish is using it to evaluate pricing, popularity, etc. Obviously, the Fox lawyer was a romantic language major or whatever and has no idea of how the dish technology works.
It is important that when we use the term "technology" that we're all on the same page. There are three technologies that come into play with the HWS:
- place shifting
- sideloading (download to devices)
- Autohop
In the previous lawsuit, the issue was Autohop and how making it work required copyrights to be violated. The court more or less said poppycock on the idea that Fox's copyrights extended to the commercials that they inserted and that copying for QC purposes wasn't a major infringement. This suit is an appeal of last summer's lawsuit. While sideloading is mentioned, I'm not sure it is up for discussion and the courts are already pretty committed to the idea of place shifting being a fair use use when executed by the end user.
To that end, I believe it is important to be more specific than throwing around the words "Sling" or "technology" in these kinds of discussions as in the end, it will probably come down to who is choosing to perform the acts and not who enabled them to do so.
Its still the same lawsuit. Fox just keeps changing things hoping something will stick.
Doesn't matter, they'll just extrapolate the data.
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I've always believed that Dish keeps that option available to them.
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Telling ya guys, FOX is just the start sooner or later one of them is going to win in court over most certainly Auto-Hop but I really don't think they will get sling stopped since its already so widely used for other providers even Comcast.
You can almost count the weeks till someone beats the system and they have to turn off Auto-Hop.
You can almost count the weeks till someone beats the system and they have to turn off Auto-Hop.
The 9th's previous ruling on upholding a lower court's decision to NOT issue a preliminary injunction against Dish Hopper Auto-Hop lays the foundation in logic that will apply to the built-in Sling technology challenge. And the fact that Fox did not bring a suit when Sling was first available to consumers nearly a decade ago, further erodes Fox's position. Fox will lose this. They should rally save all that money, but they probably want some kind of leverage in retransmission negotiations in the future.
Just this evening, while watching the news, I saw commercials for Xfinity (Comcast) and Uverse (AT&T) pushing their ability to give you everything on their DVRs plus live TV when you subscribe. No difference here than what I have with my Hopper...
Fox's real argument is not really about sling, it is about the combination of autohop and sling creating a commercial free VOD streaming service. The Aereo case could actually hurt Dish since the Supreme Court essentially ruled that Aereo was acting like a cable company so it should be treated like a cable company. Dish is acting like a VOD service, so it should be treated like one is the logic FOX wants to apply.
Remember when FOX originally brought its suit Dish automatically recorded all of prime time in a private Dish controlled area of the hard drive. After the suit was filed Dish quickly changed it to record at the request of the user and made the disk space part of the user's space. For a while Dish was definitely dangerously acting like a VOD streaming service.
Remember when FOX originally brought its suit Dish automatically recorded all of prime time in a private Dish controlled area of the hard drive. After the suit was filed Dish quickly changed it to record at the request of the user and made the disk space part of the user's space. For a while Dish was definitely dangerously acting like a VOD streaming service.
That sounds reasonable. And even without any evidence to back it up, it is still better than other things people have opinions on that goes directly against the evidence.
I don't think Autohop works on recordings outside of the receiver (Sling/sideloaded). So how is Autohop helping to create a commercial-free VOD service?
Without that, then Dish is NOT acting like a VOD service and again Fox has no case.
Yep. The only way I get autohop remotely is to use a standalone sling box.
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One whole home DVR does not a IPTV programming service make. Apparently Fox needs reminding that fair use applies to personal place and time shifting.
fox is arguing about the leased HWS because you can give anyone access to that live video stream(only one at a time) but still it could be a friend family or whatever and they cant watch tv.
that is the point fox is trying to make, at least that is how I decipher it.
I am so tired of FOX trying to dictate when we can do with DVR's, VOD, etc. Just worry about your own damn programming and leave the viewer alone. Next best thing is to boycott all their networks and just screw em.
And I could do that with my VCR recordings too. Nothing new to see here.
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They want to allow place and time shifting, provided they get paid for it. That is the problem, they view Dish as cashing in on a service that FOX thinks it is FOX's service to sell.
