Judge denies Fox injunction against Dish's ad-skipping Hopper DVR

dish logo ces 1020

A California judge has ruled against Fox in its attempt to block an automatic commercial-skipping feature on Dish Network's Hopper DVR. Fox, as well as CBS and NBC, sued Dish back in May over Auto Hop, which lets viewers watch recorded primetime shows without commercials after 1AM the following day. The Hollywood Reporter broke news of the preliminary injunction refusal, later confirmed by Fox in a statement; according to the broadcaster, however, the judge hasn't let Dish off the hook entirely.

"As reported, the court denied Fox's request for a preliminary injunction. But we are gratified the court found the copies DISH makes for its AutoHop service constitute copyright infringement and breach the parties' contract. We are disappointed the court erred in finding that Fox's damages were not suitable for a preliminary injunction. We intend to appeal that portion of the court's decision, as well as the court's separate findings concerning the PrimeTime Anytime service. DISH is marketing and benefitting from an unauthorized VOD service that illegally copies Fox's valuable programming."

The case file is still sealed, so we're not yet able to determine exactly to what extent the judge found Dish to have infringed copyright — and, unsurprisingly, Fox plans to appeal against the injunction decision. For now, though, it doesn't look like the broadcaster will be able to stop Dish subscribers using Auto Hop any time soon.

The Verge
Log In Sign Up

Log In Sign Up

Forgot password?

We'll email you a reset link.

If you signed up using a 3rd party account like Facebook or Twitter, please login with it instead.

Forgot password?

Try another email?

Almost done,

By becoming a registered user, you are also agreeing to our Terms and confirming that you have read our Privacy Policy.



Choose an available username to complete sign up.

In order to provide our users with a better overall experience, we ask for more information from Facebook when using it to login so that we can learn more about our audience and provide you with the best possible experience. We do not store specific user data and the sharing of it is not required to login with Facebook.