Fox has failed in its attempt to leverage the Supreme Court's Aereo verdict into a preliminary injunction on Dish Network's (NASDAQ: DISH) Hopper DVR.
On Monday, the Ninth Circuit Court of Appeals upheld a 2013 District Court decision to deny the injunction. Fox wanted the court to stop the pay TV provider from offering its subscribers Dish Anywhere, a feature that uses decade-old Sling Media technology to port DVR content to other rooms and mobile devices.
"Today's decision is the fifth in a string of victories for consumers related to our Hopper whole-home DVR platform," said R. Stanton Dodge, Dish's executive VP and general counsel. "Dish is pleased that the court has sided again with consumer choice and control …"
Fox, which is suing Dish for breach of contract and copyright infringement, filed a letter to the court immediately after the June 25 SCOTUS decision on Aereo was announced, claiming Dish was abusing copyrights in the same way Aereo was.
But the court didn't buy the argument, with one judge noting that the well-established Slingbox is "completely different" than the novel Aereo scheme.
So, for now, as a federal court determines the larger Hopper legal issue between Dish and broadcasters, the satellite company is free to offer its transfer features.
"While we are disappointed in today's ruling, it is not unexpected, as the bar for a preliminary injunction is extremely high," said Fox in a statement. "The decision 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."
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