Judge rejects injunction against Dish DVR

[Hum]

LOS ANGELES (AP) ? A California judge has rejected a request for a preliminary injunction against Dish Network's ad-skipping digital video recorder in a dispute that has pit broadcasters against a main distributor of their programming.

Judge Dolly Gee of the U.S. District Court in Los Angeles on Monday struck down the request by News Corp. broadcaster Fox, according to a statement from Dish. A Fox spokesman confirmed the ruling but said the network would appeal.

The ruling was not released publically.

Dish Network Corp. and the broadcast networks have been at odds over a new digital video recorder called the Hopper, which allows consumers to record prime-time programming from the four broadcast networks ? ABC, NBC, CBS and Fox ? and play the video back the next day with the commercials stripped out.

Gee determined that Fox was unlikely to be able to prove that it has suffered irreparable harm from the copies Dish made as a way to back up recordings on consumers' DVRs, Dish said.

Dish's general counsel, R. Stanton Dodge, called the ruling "a victory for common sense and customer choice."

Fox said in a statement said it was "gratified" that the judge found that Dish's copies infringed on its copyright and breached their contract. But it disagreed that making the copies did not cause irreparable harm.

"Dish is marketing and benefitting from an unauthorized (video on demand) service that illegally copies Fox's valuable programming," Fox said in a statement.

The broadcasters argue that automated ad-skipping would deprive them of needed ad revenue, while Dish argues its new device just makes it easier to do what consumers do already on their own DVRs: record shows and skip through ads on playback.

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[Growled Member]

Dish's general counsel, R. Stanton Dodge, called the ruling "a victory for common sense and customer choice."

I hate ads as much as the next person but how does Dish think the networks can afford to broadcast without ads? Seems childish on Dish's part, to me.

[Mr. Gibs]

I hate ads as much as the next person but how does Dish think the networks can afford to broadcast without ads? Seems childish on Dish's part, to me.

Well most people with DVRs just fast forward through them so it's not like they're watching them anyways. Time Warner, however, plans to block that in the future.

If you build your own DVR using media center (or similar), there are tons of programs that will automatically get rid of the ads for you too.

[Brandon H Supervisor]

I hate ads as much as the next person but how does Dish think the networks can afford to broadcast without ads? Seems childish on Dish's part, to me.

it may seem a little childish at first glance but quite honestly dish is right with this statement

Dish argues its new device just makes it easier to do what consumers do already on their own DVRs: record shows and skip through ads on playback.

[Growled Member]

It's one thing when consumers choose to skip ads. It's another entirely when a Dish makes their DVR to be able to do that. At least to me.

[Mr. Gibs]

It's one thing when consumers choose to skip ads. It's another entirely when a Dish makes their DVR to be able to do that. At least to me.

I don't have Dish but maybe there's an option somewhere that lets the consumer choose? If not it would be trivial to add one in.

[Brandon H Supervisor]

It's one thing when consumers choose to skip ads. It's another entirely when a Dish makes their DVR to be able to do that. At least to me.

i honestly don't see much difference because either way they're not being seen. plus you have to think, this DVR would probably be a premium DVR that'd you'd have to upgrade to