A federal appeals court Wednesday denied broadcaster 21st Century Fox's appeal to make Dish Network Corp.'s Hopper ad-skipping service temporarily unavailable to consumers.
According to an opinion from the U.S. Court of Appeals for the Ninth District, a panel of the court affirmed a lower Los Angeles court's decision denying a preliminary injunction against the feature, agreeing the lower court did right in saying Fox failed to show that its copyright-infringement and breach of contract claims were likely to succeed.
In addition to Fox, CBS (the parent company of CNET) and other broadcasters have filed separate suits against Dish over its AutoHop feature.
So far the court hasn't prevented Dish from selling the product. In August 2012, Fox filed for a preliminary injunction against the Hopper, but in November, a California district court denied the request. Fox appealed, but with Wednesday's decision the Fox copyright and contract lawsuit will proceed with Hopper still up and running.
The networks say the ad-skipping feature threatens to destroy the advertising system that supports their content and that Dish doesn't have the right to tamper with advertising from broadcast replays for its own economic and commercial advantage.
Dish has argued that consumers have the right to privately watch shows anywhere, anytime.