Fox once again failed to persuade a court to stop the No. 2 satellite company from helping its subscribers stream TV shows from their home DVRs. The U.S. Court of Appeals in San Francisco upheld a 2013 District Court decision that rejected Fox’s motion for a preliminary injunction while it debates whether it’s legal for Dish customers to use their Hopper DVRs to transfer shows to different rooms, or stream them to smartphones, tablets and other digital devices. The broadcaster said it would lose advertising and negotiating clout if the service continued while the trial proceeds. The District Court said Fox had failed to prove its point. Appeals court Judge Dolly Gee says today that the lower court “committed no legal error and made no clearly erroneous factual findings in so ruling.”
Fox says that while it’s “disappointed” in the ruling “it is not unexpected, as the bar for a preliminary injunction is extremely high.” The company adds that it “had nothing to do with the merits of our claim and does not address the fact that ‘Dish Anywhere’ is both illegal and in violation of our existing distribution agreement. We will now move forward and fully expect to prevail at trial.”
But Dish General Counsel R. Stanton Dodge trumpeted “the fifth in a string of victories for consumers” in challenges to its Hopper DVR. “We will continue to vigorously defend consumers’ right to choice and control over their viewing experience.” Sling introduced its streaming technology to the consumer market in 2005.