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[Satellite TODAY 11-09-12] Fox Broadcasting Company’s efforts to ban Dish Network’s subscribers from using the HopperTM Whole-Home DVR’s PrimeTime Anytime and AutoHop features were rejected by Judge Dolly Gee of the United States District Court, Central District of California on Nov. 8.

The PrimeTime Anytime feature allows users to record the primetime shows on up to each of the four broadcast networks, including Fox, saving them for up to eight days. The AutoHop feature offers users the ability to play back PrimeTime Anytime recordings without commercials, beginning the day after broadcast.
Judge Gee likely found that Dish Network customers using PrimeTime Anytime cannot be liable for copyright infringement and that the Hopper’s PrimeTime Anytime copies do not infringe on Fox’s exclusive reproduction rights under federal copyright laws. According to Fox and Dish Network’s Video-On-Demand provisions of the 2010 retransmission consent agreement (RTC), Fox has not established that is has suffered irreparable harm as a result of Dish Network’s quality assurance copies.
The ruling allows Dish Network to continue to provide subscribers with both the PrimeTime Anytime and AutoHop features via the Hopper Whole-Home DVR. The company is reviewing the Judge’s decision and evaluating its impact, especially in relation to the quality assurance process.
 

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