Fox Vows To “Prevail” Against Dish Network’s Hopper DVR Despite Rehearing Denial

The Ninth Circuit Court of Appeals may have nixed Fox again today in its efforts to shut down Dish Network’s ad-zapping DVR service, but the network still sees victory down the line. “We are disappointed in the decision but recognize that preliminary injunctions are rarely overturned on appeal,” said a Fox Networks Group spokesperson after the court today unanimously rejected Fox’s petition of last August. “That said, the ruling was based on a factual record from more than a year ago. Now that we have gathered more evidence, we are confident that we will ultimately prevail on all of our claims.” The case goes on in trial court. In the meantime, Dish, which has had a good run with the courts on the Hopper issue of late, once again wrapped itself in the flag of standing up for consumers. “With this decision, the Court continues to reject Fox’s efforts to deny our customers’ access to PrimeTime Anytime and AutoHop — key features of the Hopper Whole-Home HD DVR,”  the satcaster’s General Counsel R. Stanton Dodge said of one of the many broadcaster suits against his company. “This is a victory for American consumers, and we are proud to have stood by their side in this important fight over the fundamental rights of consumer choice and control.”

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