Contact Us

Disruptive Competition Project

655 15th St., NW

Suite 410

Washington, D.C. 20005

Phone: (202) 783-0070
Fax: (202) 783-0534

Contact Us

Please fill out this form and we will get in touch with you shortly.

Litigation Update on DISH’s Recent Wins

· September 25, 2013


Though it’s not yet quite as confusing as the four jurisdictions considering the legality of Aereo and FilmOn X (for more on that, see this infographic), litigation against features of DISH’s Hopper service (a set-top box with DVR capabilities) has reached the point where we need to do an update.

We last covered this litigation in July, when the 9th Circuit affirmed a California district court’s denial of Fox’s motion for a preliminary injunction on “PrimeTime Anytime” (the Hopper feature that lets consumers record primetime content on the four major broadcast networks) and “AutoHop” (the Hopper’s commercial skipping feature).

On Monday, another one of Fox’s motions for a preliminary injunction was denied in the same docket in California over another feature, the “Hopper with Sling,” which comes with the “DISH Anywhere” app (the Hopper feature that lets consumers watch live or recorded TV on a computer, tablet, or mobile device).

This issue is also currently being litigated in New York, where last week a district court judge denied ABC’s motion for a preliminary injunction over the AutoHop feature.

As it stands now, DISH is allowed to continue offering consumers its innovative new services across the country.

Intellectual Property

The Internet enables the free exchange of ideas and content that, in turn, promote creativity, commerce, and innovation. However, a balanced approach to copyright, trademarks, and patents is critical to this creative and entrepreneurial spirit the Internet has fostered. Consequently, it is our belief that the intellectual property system should encourage innovation, while not impeding new business models and open-source developments.