Court of Appeals Upholds DISH Hopper Ruling — Again

Ah, but what if Direct and Xfinity likewise have such a device at some point soon? What is Fox going to do? Sue everybody? Jack the rates on everybody? Fight with everybody?

Maybe they should just let it go . . .

They'll move the battle to Digital Rights. That is the real future and a place they can prohibit skipping commercials such as Hulu Plus and some YouTube channels.
 
The Ninth Circuit Court of Appeals may have nixed Fox again today in its efforts to shut down Dish Network’s ad-zapping DVR service, but the network still sees victory down the line. “We are disappointed in the decision but recognize that preliminary injunctions are rarely overturned on appeal,” said a Fox Networks Group spokesperson after the court today unanimously rejected Fox’s petition of last August.

deadline.comhttp://www.deadline.com/2014/01/fox...networks-hooper-dvr-despite-rehearing-denial/

And if one reads the 9th Circuit's original ruling last year outlaying their logic in upholding the lower court's denial of injunction, it is clear the Nets have known they have no chance and know they will NOT prevail absolutely, just as their lawyers likely told them in the first place. Even worse, the suit provides them NO LEVERAGE what so ever, but the Nets have to sue and put their protestation on the legal record to provide greater strength to any similar challenges. However, I think even Les Moonves has moved on to Digital Rights because that is where the eyeballs and additional revenue are moving and something the MVPD's really need to be competitive, and it is a realm they can easily prevent skipping ads as experienced on Hulu Plus and some YouTube channels. The Nets know Auto-hop type features from other MVPD's are waiting in the wings and will be implemented because they know it is legal.
 
And if one reads the 9th Circuit's original ruling last year outlaying their logic in upholding the lower court's denial of injunction, it is clear the Nets have known they have no chance and know they will NOT prevail absolutely, just as their lawyers likely told them in the first place. Even worse, the suit provides them NO LEVERAGE what so ever, but the Nets have to sue and put their protestation on the legal record to provide greater strength to any similar challenges. However, I think even Les Moonves has moved on to Digital Rights because that is where the eyeballs and additional revenue are moving and something the MVPD's really need to be competitive, and it is a realm they can easily prevent skipping ads as experienced on Hulu Plus and some YouTube channels. The Nets know Auto-hop type features from other MVPD's are waiting in the wings and will be implemented because they know it is legal.

But, eventually Dish will have to make a deal with each of the networks as their contracts come up for renewal. I bet Dish made a good deal with ABC and Autohop continues past the contract signing. It will be interesting to see if ABC drops out of the lawsuit after the new carriage contract. I see CBS moving in quickly to make a deal since they just renewed their contract with Dish right before Autohop and this would mean more money now instead of having to wait until the contract expires. What will FOX do if they are the only hold out?
 
Eventually Fox will be forced to change its tone also, if they want the carriers to sign up for FS1, FS2 and FXX when the current SPEED, FUEL and FSC contracts end.


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