Fox Broadcasting V Dish Anytime Case Summary
Facts surrounding the case:
In 2012 Fox Broadcasting sued Dish Network for copyright infringement and breach of contract and filed a motion for a preliminary injunction to enjoin Dish from operating, distributing, selling, or offering Dish Anywhere, PrimeTime Anytime, AutoHop and any comparable features through the Hopper, a set-top box with digital video recorder(DVR) and video on demand capabilities.
Dish Anytime allows consumers to view television content from their home set-top box with digital recorder over the internet by use of any device with internet. Users can watch TV on their laptops, tablets or smartphones via a remote access to the recorded page or download an application for their tablet or smartphone. This service is only available to subscribers I good-standing.
PrimeTime Anytime is the Dish Service that allows subscribers to automatically record all …show more content…
Annette Hurst, an attorney for Dish said that the decision unequivocally showed that advertisements were a financing mechanism, but they were not part of the copyrighted work. Additionally, Corynne McSherry, an attorney of the Electric Frontier Foundation, made a statement that the holding was "a victory for fair use and consumer choice," and ensures that "technology makers can develop and offer new tools and services without fear of crippling liability where those tools and services are capable of substantial non-infringing uses." However, David Singer, an attorney for Fox, and other legal professionals pointed out that the result might be changed in succeeding trials because the Ninth Circuit applied a "deferential standard of review" to the request for a preliminary injunction, which required the plaintiff a very high bar to be
In 2012 Fox Broadcasting sued Dish Network for copyright infringement and breach of contract and filed a motion for a preliminary injunction to enjoin Dish from operating, distributing, selling, or offering Dish Anywhere, PrimeTime Anytime, AutoHop and any comparable features through the Hopper, a set-top box with digital video recorder(DVR) and video on demand capabilities.
Dish Anytime allows consumers to view television content from their home set-top box with digital recorder over the internet by use of any device with internet. Users can watch TV on their laptops, tablets or smartphones via a remote access to the recorded page or download an application for their tablet or smartphone. This service is only available to subscribers I good-standing.
PrimeTime Anytime is the Dish Service that allows subscribers to automatically record all …show more content…
Annette Hurst, an attorney for Dish said that the decision unequivocally showed that advertisements were a financing mechanism, but they were not part of the copyrighted work. Additionally, Corynne McSherry, an attorney of the Electric Frontier Foundation, made a statement that the holding was "a victory for fair use and consumer choice," and ensures that "technology makers can develop and offer new tools and services without fear of crippling liability where those tools and services are capable of substantial non-infringing uses." However, David Singer, an attorney for Fox, and other legal professionals pointed out that the result might be changed in succeeding trials because the Ninth Circuit applied a "deferential standard of review" to the request for a preliminary injunction, which required the plaintiff a very high bar to be