ABC Blasts Dish Network’s Ad-Zapping DVR In Injunction Appeal

[dfergie]

When it lost a summary injunction back in September, the network said it wasn’t done trying to get Dish Network’s Hopper service shut down and today ABC took another swing at it. In a brief dated November 12 and filed today (read it here) with the Second Circuit Court of Appeals, ABC and Disney Enterprises went after the satellite provider’s ad-jumping DVR service again.

deadline.com

 

[Teehar]

Can't bode well for the ongoing contract negotiations.Still some of the wording of the appeal are almost laughable.

It is also delivered via cable, satellite, and similar
services by providers such as Comcast, Time Warner Cable, DirecTV and
DISH, who charge a fee to their subscribers

Funny how they omit the fact that they charge the providers a fee to carry the networks.As usual they want their cake and eat it too.

After subscribers activate the service once (ii) physically prevents subscribers from canceling nightly
recordings that are within 15 minutes of starting or are in progress;

That seems like an out an out lie to me.Are they making the claim that once PTAT is enabled,it's impossible to manually deactivate it?

 

[dfergie]

Still throwing mud on the wall hoping some will stick with a Judge somewhere, sooner or later the networks will find a crooked or blind one...

 

[Scott Greczkowski]

I guess the judge who refused the injunction didn't know how to read... at least this is what I think ABC is saying...

and a misreading of the Supreme Court’s fair use analysis in Sony

Then again later one

The district court misinterpreted the unambiguous language of the parties’ 2005 Agreement.

 

[mike123abc]

Networks just continue to have a hard time showing irreparable harm before a trial verdict. It is hard to argue the Hopper will put them out of business before a trial if they are making $billions...

 

[Tampa8]

They think if they keep saying DISH is copying their material then offering it On Demand enough times, that it will become true. It is very important for us that this and the Aereo lawsuit continue to defeat the Networks. Otherwise it is a step backwards for the consumer. If they would just put 1/10th the effort into embracing technology and learning how to use it to their advantage........much as the movie and music industry finally did.

 

[mike123abc]

They think if they keep saying DISH is copying their material then offering it On Demand enough times, that it will become true. It is very important for us that this and the Aereo lawsuit continue to defeat the Networks. Otherwise it is a step backwards for the consumer. If they would just put 1/10th the effort into embracing technology and learning how to use it to their advantage........much as the movie and music industry finally did.

Aereo has the advantage of not having a contract with the networks. Dish, whose technology could be entirely legal, could have violated their contracts with the networks.

 

[Stargazer]

And since Aereo didn't have a contract with the networks and may not get into trouble as a result, Dish could go that route to provide the networks to people. Directv already mentioned the possibility of doing this along with a cable company. This could cause more harm than good for the networks. They may end up getting nothing before its all said and done instead of what they are getting now and commercials skipped on top of that.

 

[MikeD-C05]

And since Aereo didn't have a contract with the networks and may not get into trouble as a result, Dish could go that route to provide the networks to people. Directv already mentioned the possibility of doing this along with a cable company. This could cause more harm than good for the networks. They may end up getting nothing before its all said and done instead of what they are getting now and commercials skipped on top of that.

Would serve them right if they got nothing. The networks and their affiliates are getting greedier and greedier with every year.

 

[Stargazer]

It may come back to bite them in the butt. You can only go so far, there is a line that can be crossed. The networks may end up putting up a different feed for OTA like one of the networks threatened to do (CBS?) by the time its all said and done. Perhaps they will use the OTA networks for a test bed for new shows and the ones that get the strongest ratings will go to the cable/satellite only feed while the low rating shows stay on the OTA feed.

 

[The Fat Man]

I could see that. With it, comes the NFL and College ball being on the Satellite/Cable only feed too.

 

[navychop]

I could see that. With it, comes the NFL and College ball being on the Satellite/Cable only feed too.

I think major sports wants that. REQUIRE you to subscribe to pay TV, or buy directly online. They could take us back to the 60s with an online model: No pause or skip back to see a play again, no recording, MUST watch commercials- and pay for the privilege!

​

 

[osu1991]

I think major sports wants that. REQUIRE you to subscribe to pay TV, or buy directly online. They could take us back to the 60s with an online model: No pause or skip back to see a play again, no recording, MUST watch commercials- and pay for the privilege!

​

Well they had better mark their calenders, because that would be the day I am done with them.

 

[navychop]

Well they had better mark their calenders, because that would be the day I am done with them.

I think they are too stupid to see that. They think they've got a product that the masses will pay almost anything for. Just the tiniest doubt is now beginning to creep into their world.

 

[Stargazer]

When it streams online directly from the source, they have more control of the content, being able to insert those commercials without being able to skip them. They want control.

 

[david_jr]

I don't believe that online streaming is going to be the panacea that many think.

 

[bobsie]

I am wondering, how do the Networks know how many Dish customers actually skip the commercials or, for that matter, how many actually use the PTAT. How can they say it impacts them when they don't have specifics, not to mention that no matter what they say, it is a user decision to skip the commercials. It is NEVER automatic. You are asked every time you want to watch a prime time show (skip or view).

 

[Hall]

They can just presume that ALL commercials are skipped, making their argument that much stronger.

Sent from my SCH-I535 using Tapatalk 2

 

[Jim5506]

I use PTAT but I watch the programming on the same day, so I have to use the skip forward 30 sec button - auto-hop is not relevant for me.

 

[DishSubLA]

Aereo has the advantage of not having a contract with the networks. Dish, whose technology could be entirely legal, could have violated their contracts with the networks.

Not really because among the many reasons the 9th Cuircut upheld the lower court ruling no to shut-off Authop as the suit proceedes is that the nets do not own the copyrights to the commercials and that is the only content skipped. Further tne court made clear there is ONE point that the nets could have any hope of prevailing: the "unauthorzed" copy of the broadcast made by Dish fo quality control of the Auto-hop, but the court points out that the nets would have claim that the copy results in harm or loss to the nets, but since the copy is for quality control and see only by few people and never publically, the 9th said that such a claim would no be valid. The 9th also stated in its ruling that Dish is unlikely to prevail and this is why the injunction was denied.

IMHO, I expect the 2nd Cuircut to agree with the 9th.