Fox went back to federal court this week seeking an injunction against Dish Network and its AutoHop DVR. Fox Broadcasting and 20th Century Fox argued in a filing with the 9th Circuit Court of Appeals that because the lower District Court Judge Dolly Gee agreed with Fox‘s contention that Dish was infringing its copyright on TV programming, Gee should have also granted a temporary injunction against Dish. (Read Fox’s filing here.) Fox noted “The district court found that Dish infringes Fox’s copyrights when it copies Fox programs every night to enable AutoHop’s ad-skipping functionality, and that such ad-skipping functionality irreparably harms Fox.” Despite this, Fox said “the district court held that this irreparable harm did not count because it stemmed from the ad skipping, not directly from the infringing copies that made the ad skipping possible.” Fox contends the district court erred and should be ordered to grant Fox the preliminary injunction. Fox is represented by Jenner & Block.
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