Dish Earns 9th Circ. Win Over Fox In Hopper Copyright Case

Law360, New York (July 24, 2013, 5:18 PM EDT) -- The Ninth Circuit on Wednesday rejected Fox Broadcasting Co.'s bid to shut down the Dish Network Corp. ad-skipping digital video recording service known as the Hopper, holding that a lower court correctly found that the device likely does not infringe copyright.

The appeals court ruled that because users of the Hopper are the ones making copies of TV shows, Fox failed to show that Dish itself is liable for direct infringement and the network is not entitled to a preliminary injunction.

"Operating a system used to...
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