Another ruling in Dish's favor
- Thread starter LER
- Start date
- Latest activity Latest activity:
- Replies 38
- Views 8K
Federal Judge Denies ABC Call to Bar Hopper Features
ENGLEWOOD, Colo.--(BUSINESS WIRE)-- Today DISH (NASDAQ: DISH) was granted a victory against ABC's efforts to bar DISH subscribers from use of the PrimeTime Anytime™ and AutoHop™ features found on the pay-TV provider's Hopper® Whole-Home HD DVR. The ruling was issued by Judge Laura Swain of the Southern District of New York, United States District Court.
The following statement can be attributed to R. Stanton Dodge, DISH executive vice president and general counsel:
"This decision is yet another victory for American consumers, and we are proud to have stood by their side in this important fight over the fundamental rights of consumer choice and control.
"This is the third federal court decision that has sided with DISH on consumers' right to enjoy television as they want, when they want, including the right to skip commercials, if they so choose."
With the PrimeTime Anytime feature, users have the ability to easily record the primetime shows on up to each of the four broadcast networks (ABC, CBS, NBC and Fox) and save them for up to eight days. The AutoHop feature can be enabled by users to play back certain PrimeTime Anytime recordings commercial-free, starting the day after broadcast
Sent from my iPhone using SatelliteGuys
ENGLEWOOD, Colo.--(BUSINESS WIRE)-- Today DISH (NASDAQ: DISH) was granted a victory against ABC's efforts to bar DISH subscribers from use of the PrimeTime Anytime™ and AutoHop™ features found on the pay-TV provider's Hopper® Whole-Home HD DVR. The ruling was issued by Judge Laura Swain of the Southern District of New York, United States District Court.
The following statement can be attributed to R. Stanton Dodge, DISH executive vice president and general counsel:
"This decision is yet another victory for American consumers, and we are proud to have stood by their side in this important fight over the fundamental rights of consumer choice and control.
"This is the third federal court decision that has sided with DISH on consumers' right to enjoy television as they want, when they want, including the right to skip commercials, if they so choose."
With the PrimeTime Anytime feature, users have the ability to easily record the primetime shows on up to each of the four broadcast networks (ABC, CBS, NBC and Fox) and save them for up to eight days. The AutoHop feature can be enabled by users to play back certain PrimeTime Anytime recordings commercial-free, starting the day after broadcast
Sent from my iPhone using SatelliteGuys
The network broadcasters have transmitted misleading ads, and at times, ads for alcohol, tobacco and fattening foods, not to mention political ads of questionable veracity.
Therefore, I want a court injunction barring their use of the airwaves and electricity.
Therefore, I want a court injunction barring their use of the airwaves and electricity.
Me too ... hopefully some of these good tidings can spread to ESPN/Disney talks too.
Considering ESPN is unaffected by either PTAT or AutoHop, I fail to see the connection.
The connection is that Disney owns both ESPN and ABC...
Although I do not see Disney risking $5+/customer to try to stop some of Dish customer's autohopping...
I don't see this affecting ESPN. They need to be on MVPD's and collect all that money they command because ESPN is itself in high demand. Disney isn't stupid. Keep collecting from the ESPN well, but use its O&O ABC stations as leverage to rid it of AutoHop. considering what happened to CBS, Disney does not need an interruption from its cash cow known as ESPN.
More important: so, the Los Angeles court and subsequent ruling of the 9th Circuit Court upholding L.A. judge denying preliminary injunction and now the New York judge ruling the same. Yes, 3 different courts thousands of miles apart are in agreement. ABC will be sure to appeal, so it will be interesting to see what the 2nd Circuit ruling will be. A comparison of the 9th and sure to come 2nd Circuit rulings will make mighty fine reading.
While the 9th has a legacy of being far more pro consumer than any of the US appellate courts, considering the logic the 9th used to arrive at its decision, one has to feel that chances are good the 2nd will also uphold New York trail court's denial of preliminary injunction. I really do think the big net lawyers are telling their clients what they most likely said from the beginning: they are not going to prevail against AutoHop at trial. I think the big nets now really believe this, and are going to focus FULL PRESS or Hail Mary on retransmission agreements restricting use of AutoHop. The lawsuits now have virtually ZERO leverage.
What Charlie really wants is for the big 3 to advertise on his banners that appear on the guides and to pay him or have some other agreement to PUSH a lot of their programming as sneak peeks, etc. much the way HBO, Starz, etc. do today or even have big net sponsors tie into Dish for access to Dish Hopper subscribers.
More important: so, the Los Angeles court and subsequent ruling of the 9th Circuit Court upholding L.A. judge denying preliminary injunction and now the New York judge ruling the same. Yes, 3 different courts thousands of miles apart are in agreement. ABC will be sure to appeal, so it will be interesting to see what the 2nd Circuit ruling will be. A comparison of the 9th and sure to come 2nd Circuit rulings will make mighty fine reading.
While the 9th has a legacy of being far more pro consumer than any of the US appellate courts, considering the logic the 9th used to arrive at its decision, one has to feel that chances are good the 2nd will also uphold New York trail court's denial of preliminary injunction. I really do think the big net lawyers are telling their clients what they most likely said from the beginning: they are not going to prevail against AutoHop at trial. I think the big nets now really believe this, and are going to focus FULL PRESS or Hail Mary on retransmission agreements restricting use of AutoHop. The lawsuits now have virtually ZERO leverage.
What Charlie really wants is for the big 3 to advertise on his banners that appear on the guides and to pay him or have some other agreement to PUSH a lot of their programming as sneak peeks, etc. much the way HBO, Starz, etc. do today or even have big net sponsors tie into Dish for access to Dish Hopper subscribers.
Last edited:
The Networks May Need to Dump Dish
By Swanni
Washington, D.C. (September 19, 2013) - This is an update on earlier coverage of the networks' lawsuit against Dish over its ad-skipping Hopper HD DVR.
[FONT=Arial, Helvetica, sans-serif]
A federal judge yesterday rejected ABC's request for a preliminary injunction to force Dish to shut down its ad-skipping Hopper HD DVR.
This marks the third time that a federal court has ruled against a broadcast network attempting to halt Dish from selling the device which can automatically skip commercials during recorded network prime time programs.
The networks say the HD DVR violates their copyrights because it removes the commercials without their permission. Dish maintains that the Hopper is just a better version of the traditional HD DVR because it skips the ads without the viewer needing to pick up a remote to perform the same task.
While ABC issued a statement saying the legal fight is not over, the networks' third loss in federal court could force them to adopt a new strategy. The federal judge yesterday appeared to leave open the door for the networks to claim Dish has violated their carriage agreements and thereby can no longer carry the signals of their owned and operated affiliates.
This could be a risky gambit because Dish reaches more than 14 million subscribers. Not having some of their affiliates in Dish's lineup would hurt the networks' ratings -- and, consequently, their ad revenue, the very thing they are trying to protect by targeting the Hopper.
The ratings' drop would be softened somewhat because the networks own only about 20-30 percent of all local network-affiliated stations; the rest are owned by independent companies. So, in reality, all four broadcast networks would lose less than 50 percent of Dish's 14 million subscribers if they chose this path. (The percentage of viewers lost would be higher than the percentage of stations owned because many of the networks' owned affiliates are in larger markets.)
However, demanding Dish dump its affiliates may be the only way to go unless something changes in the federal courts -- and after three losses, that's looking less likely. By denying Dish the signals of the affiliates they own, the satcaster's sub base could be severely damaged.
And that could force Dish to seek a compromise in the Hopper dispute.
Of course there are complications to this strategy as well: Dish could try to partner with the local TV channel provider, Aereo, which is also being sued by the networks. Or it could hand out free antennas to everyone. And there's no certainty that the courts would side with the networks if they attempt to unspool their carriage agreements with Dish.
One more complicating factor: Dish's victory over ABC comes less than two weeks from when the satcaster's carriage agreement with Disney expires. The ruling could further poison the already contentious negotiations, leading to a blackout of Disney, ESPN and the ABC affiliates on Dish.
You have to say this: Dish Chairman Charlie Ergen, who decided to launch the controversial Hopper, knows how to make things interesting.[/FONT]
By Swanni
Washington, D.C. (September 19, 2013) - This is an update on earlier coverage of the networks' lawsuit against Dish over its ad-skipping Hopper HD DVR.
[FONT=Arial, Helvetica, sans-serif]
A federal judge yesterday rejected ABC's request for a preliminary injunction to force Dish to shut down its ad-skipping Hopper HD DVR.
This marks the third time that a federal court has ruled against a broadcast network attempting to halt Dish from selling the device which can automatically skip commercials during recorded network prime time programs.
The networks say the HD DVR violates their copyrights because it removes the commercials without their permission. Dish maintains that the Hopper is just a better version of the traditional HD DVR because it skips the ads without the viewer needing to pick up a remote to perform the same task.
While ABC issued a statement saying the legal fight is not over, the networks' third loss in federal court could force them to adopt a new strategy. The federal judge yesterday appeared to leave open the door for the networks to claim Dish has violated their carriage agreements and thereby can no longer carry the signals of their owned and operated affiliates.
This could be a risky gambit because Dish reaches more than 14 million subscribers. Not having some of their affiliates in Dish's lineup would hurt the networks' ratings -- and, consequently, their ad revenue, the very thing they are trying to protect by targeting the Hopper.
The ratings' drop would be softened somewhat because the networks own only about 20-30 percent of all local network-affiliated stations; the rest are owned by independent companies. So, in reality, all four broadcast networks would lose less than 50 percent of Dish's 14 million subscribers if they chose this path. (The percentage of viewers lost would be higher than the percentage of stations owned because many of the networks' owned affiliates are in larger markets.)
However, demanding Dish dump its affiliates may be the only way to go unless something changes in the federal courts -- and after three losses, that's looking less likely. By denying Dish the signals of the affiliates they own, the satcaster's sub base could be severely damaged.
And that could force Dish to seek a compromise in the Hopper dispute.
Of course there are complications to this strategy as well: Dish could try to partner with the local TV channel provider, Aereo, which is also being sued by the networks. Or it could hand out free antennas to everyone. And there's no certainty that the courts would side with the networks if they attempt to unspool their carriage agreements with Dish.
One more complicating factor: Dish's victory over ABC comes less than two weeks from when the satcaster's carriage agreement with Disney expires. The ruling could further poison the already contentious negotiations, leading to a blackout of Disney, ESPN and the ABC affiliates on Dish.
You have to say this: Dish Chairman Charlie Ergen, who decided to launch the controversial Hopper, knows how to make things interesting.[/FONT]
When will these networks get it through their thick skulls that they need to change their strategy and maybe work with Dish and DirecTV? This is getting so old. The rest of the world is changing but these networks are so set in their ways and refuse to change the way they do things.
The networks like the current way of doing tv and advertisements. They don't want to change and won't till it is too late. By then the younger generations of people will have never had pay tv and the current demographics of viewers will skew even older till they all die off ,eventually. So unless they learn this sooner rather than later, they are all doomed to less revenue and viewers. The point of diminishing returns hasn't hit them yet, but it will.
i have never trusted anything Swanni says about dish. He seems to hate dish network more each day.
