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

[DishSubLA]

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.

and this is why the nets need to embrace Auto-hop.

 

[mike123abc]

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.

I do not think that there will be any injunctions against Dish before a trial. The networks have too big a hurdle to prove irreparable harm before a trial to get an injunction. They will argue that their contracts with Dish prohibit Dish from doing what they are doing, it will be up to the jury to decide who is correct. Again, no injunction does not mean Dish is in the clear, one only has to look at the VOOM trial or the TiVo trial to see Dish losing big without any preliminary injunctions.

But, I bet all future contracts with Dish will be very clear as to what Dish can do as far as ad skipping and automatic recordings of blocks of prime time. No need for a jury trial after next contract.