Dish Vows to Fight Fox’s ‘AutoHop’ Injunction Filing

4 Sep, 2012

By: Erik Gruenwedel
Home Media Magazine

http://www.homemediamagazine.com/industry-news/dish-vows-fight-fox-s-autohop-injunction-filing-28220


Dish Network says it is determined to fight renewed efforts by Fox 
Broadcasting, which Aug. 22 sought a court injunction against the 
continued rollout of the satellite TV operator’s ad-skipping technology.

Fox, including 20th Century Fox Film Corp., May 24 filed a lawsuit 
against Dish alleging that the latter’s PrimeTime Anytime feature, the 
AutoHop feature, as well as Sling place-shifting functionality infringe 
their copyrights and breach their retransmission consent agreements, 
among other concerns.

Specifically, AutoHop allows Dish subscribers to voluntarily skip ads on 
recorded primetime programming. TV networks and media companies, 
including NBCUniversal and CBS Corp., filed separate suits against AutoHop.

The suits, in addition to Fox’s injunction filing in Los Angeles federal 
courts, are set to begin Sept. 21.

“We intend to vigorously prosecute and defend our position in these 
cases,” Dish wrote in an Aug. 30 regulatory filing.

The satellite TV operator said that should the court determine that it 
infringes the asserted copyrights, it could be subject to substantial 
damages, and/or an injunction that could require it to materially modify 
certain features offered to consumers. In addition, Dish warned that due 
to the litigation it might not be able to renew certain of its 
retransmission consent agreements and other programming agreements on 
favorable terms or at all.

“If we are unable to renew these agreements, there can be no assurance 
that we would be able to obtain substitute programming, or that such 
substitute programming would be comparable in quality or cost to our 
existing programming,” Dish wrote. “Loss of access to existing 
programming could have a material adverse effect on our business, 
financial condition and results of operations, including, among other 
things, our gross new subscriber activations and subscriber churn rate. 
We cannot predict with any degree of certainty the outcome of these 
suits or determine the extent of any potential liability or damages.”

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