Check out the ruling...
http://www.hollywoodreporter.com/thr-esq/foxs-motion-an-autohop-injunction-389645
http://www.hollywoodreporter.com/thr-esq/foxs-motion-an-autohop-injunction-389645
DISH Cheers Ruling on AutoHop, PrimeTime Anytime
- Thread starter Scott Greczkowski
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Seems to center on the Quality Assurance copy Dish makes. It may be an infringement according to the Judge, BUT may not actually cause harm. Problem comes in that it is compared to HULU for example, that has a copy and distributes it for a fee paid to FOX.
If the Judge decides that copy is unfair use it seems the remedy is a fee for that copy Dish now has and distributes. If Dish did not make a copy, and could use the technology without it, sounds like they would not be infringing.
That seems like a narrow interpretation. Yes they have now have a copy like HULU, but Dish already pays FOX to distribute the material to receivers. Does that intermediate step mean FOX (and the other networks of course) should get remuneration for that copy?
If the Judge decides that copy is unfair use it seems the remedy is a fee for that copy Dish now has and distributes. If Dish did not make a copy, and could use the technology without it, sounds like they would not be infringing.
That seems like a narrow interpretation. Yes they have now have a copy like HULU, but Dish already pays FOX to distribute the material to receivers. Does that intermediate step mean FOX (and the other networks of course) should get remuneration for that copy?
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The judge also mentions that the user doesn't specifically "ask" for copies/recordings. I see a couple things for Dish.... 1) Make the user manually select what networks and what nights to record, i.e. record FOX on Monday, Thursday, Sunday; ABC on Tuesday and Wednesday; and so on. 2) Dish should remind FOX (and all networks) that they pay for programming that effectively covers ALL customers, i.e. FOX collects fees based on 13 million Dish customers and it's presumed ALL customers watch EVERY show that FOX broadcasts. Dish should ask if they'd like to pay the same per-user fee (take the total paid today divided by # of Dish customers) and multiply it by the actual number of viewers ! FOX won't like that option !
It looks like Dish addressed some of the concerns with their PTAT update where they moved the recordings to user controlled space, and allowed the user to select networks and nights. But, it could be possible that Dish could be found liable for damages during the period of time that they controlled the recording space and what was recorded.
Thats how I read it as well, but the question then becomes how much did FOX loose by having the DISH customer watch off a seperate hidden partition rather then watching it from the users partition.
In my estimates that number would be nothing.
Do you think their contact is 'do whatever you want with our programming' ? That seems to be what you are suggesting.
To me, it appears Dish may have to pay to copy, ala licenses that Hulu and others have.
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How do you get that as my interpretation ? Dish needs to, and has been, making PTAT and AutoHop less and less "automatic" and is purposely making the user set things up. Blindly recording ALL networks and ALL programming from 8pm to 11pm was foolish on Dish's part, at least if done automatically. By making the user the manually and individually select the channel (network) and what night puts more emphasis on "the viewer recorded the programming".
Your entire diatribe about their contract terms that you pretended isn't there when writing the reply above is how.
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Based on prior posts I read here, I was under the impression that PTAT recordings saved to the user partition are technically one copy, with two different pointers pointing to that one recording.
