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05/01/2024 11:48:59 pm

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Fox Loses Court Battle To Dish Network Over Ad-Skipping Device

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Dish Network has won the right to offer skippable advertisements on its digital recording device the Hopper.

Dish Network has won the right to use a technology that allows viewers to skip over advertisements on its Hopper DVR box, after being sued by 21st Century Fox claiming loss of advertising revenue.

The decision was made Tuesday by U.S. district judge Dolly Gee in Los Angeles, claiming Dish Network had the right to utilize the technology on the Hopper, its digital recording device.

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Gee would allow Fox to follow up claims on Dish violating a contract agreement over distribution of Fox programming, but it does not look like this move would grant Fox much in the way of additional revenue or a shut-down of the service.

"Consumers are the winners today, as the court sided with them on the key copyright issues in this case," Dish Network said in a statement earlier today.

It is not the first time Dish Network has been in court against programmers over its feature to avoid advertisements; CBS and ABC both settled with Dish earlier in 2014 on broader programming for its Hooper recording device.

Comcast-owned NBC is also eyeing up a potential court challenge, but the recent failure of Fox might dissuade them from pushing any further.

The decision comes a few months after Aereo lost a Supreme Court battle to allow its service to continue, after Fox, NBC, ABC and CBS all filed lawsuits against Aereo for loss of revenue.

Dish recently announced Sling TV, a $20 internet-only TV service including channels like ESPN, TNT, TBS and 17 more channels, alongside other 'genre' packages for $5 each. The new TV service shows Dish is ready to move into internet TV content, unlike some other programmers.

"This case is not, and has never been, about consumer rights or new technology," Fox spokesman Scott Grogin said. "It's always been about protecting creative works from being exploited without permission."

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