You've missed the most important point about autohop. The commercials are included with the content. Autohop only gives the user the capability of skipping commercials if so desired. It really is not automatic. Therefore, the content providers have no beef. Nothing of the content is changed when downloaded. Some content gets skipped at the user's desire. Sounds pretty cut and dry to me and I do believe that the courts will see it the same way. Now, as previously suggested, rates may go up because the providers may start charging more for the content (to "get even" so to speak) but, if they do, they will regret it in the long run, IMHO. I already skip most network prime time shows now. I really think Dish should consider making the networks an "optional" package that users can subscribe to or not. Or maybe make it like the Super Station packages so that you can subscribe to a particular network individually. That could reduce costs considerably for those who do not need nor want ABC, CBS, Fox, or NBC.
Further and even more important is that the both courts recognize that the big nets do NOT own copyright of the COMMERCIALS, and it is ONLY the commericials that are skipped. Therefore, any claim that AutoHop in some way infringes on "their" (Big 4) copyrights has no merit with the court.
The only point the big nets did cite that the 9th Circuit did say they (the big nets) could win was that Dish appears to violate the clause in the agreements that forbids Dish from making any copy of their programming without the written consent of the big nets because Dish does indeed make a copy of the block of programming to ensure that all commercials are skipped and none of the programming, and this would appear to be a clear violation of the agreement. HOWEVER, the court further stated that the big nets would have to demonstrate that Dish's copy has or would result in LOSS for the big nets, and since it was copy for quality assurance only seen by a very few individuals, the court believes it very unlikely that the quality assurance copy is a violation of the retransmission agreement. In other words, the big nets ONLY chance for a win, is viewed by the courts as, at best, beyond dim, and at worst, a total waste of time and money.
The big nets know they have no chance in court, but they will not drop the suit because they can use it as leverage with Dish. Further, knowing they are "finished" in the courts, they will surly bring everything to bear with the next retransmission agreements. I'm glad to see TWC "leading the way" for Dish. In the long run, when a big local net is no longer available on an MVPD, it really is the big nets bigger loss than it is an MVPD.