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Court of Appeals backs DISH in FOX-DVR ruling

The United States Court of Appeals for the Ninth Circuit has affirmed a lower court’s September 2013 rejection of the Fox Broadcasting Company’s efforts to bar DISH subscribers from using two place-shifting features found on DISH’s Hopper Whole-Home DVR platform: DISH Anywhere and Hopper Transfers.

The following statement is attributable to R. Stanton Dodge, DISH executive vice president and general counsel:

“Today’s decision is the fifth in a string of victories for consumers related to our Hopper Whole-Home DVR platform. DISH is pleased that the Court has sided again with consumer choice and control by rejecting Fox’s efforts to deny our customers access to the DISH Anywhere and Hopper Transfers features. Last year, the Ninth Circuit also rejected Fox’s attempt to block customers from using the AutoHop and PrimeTime Anytime features. We will continue to vigorously defend consumers’ right to choice and control over their viewing experience.”

DISH Anywhere, using Sling technology built into DISH’s Hopper with Sling Whole-Home DVR, provides a DISH customer, once they receive a television signal in their home, the capability to remotely view that signal from a single Internet-connected device (mobile phone, tablet or PC). Sling technology has been available since 2005 and Fox’s motion was the first to seek to enjoin it.

With the Hopper Transfers feature, a DISH customer can move or duplicate certain Hopper DVR recordings made by the customer to an iPad; and unlike DISH Anywhere, no Internet connection is needed for viewing.

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