Judge nixes bid to stop Dish's ad-skipping DVR

AP

LOS ANGELES A California judge has rejected a request for a preliminary injunction against Dish Network's ad-skipping digital video recorder in a dispute that has pit broadcasters against a main distributor of their programming.

Judge Dolly Gee of the U.S. District Court in Los Angeles on Monday struck down the request by News Corp. broadcaster Fox, according to a statement from Dish. A Fox spokesman confirmed the ruling but said the network would appeal.

The ruling was not released publically.

Dish Network Corp. and the broadcast networks have been at odds over a new digital video recorder called the Hopper, which enables consumers to record prime-time programming from the four broadcast networks -- ABC, NBC, CBS and Fox -- and play the video back the next day with the commercials stripped out.

Gee determined that Fox was unlikely to be able to prove that it has suffered irreparable harm from the copies Dish made as a way to back up recordings on consumers' DVRs, Dish said.

Dish's general counsel, R. Stanton Dodge, called the ruling "a victory for common sense and customer choice."

Fox said in a statement said it was "gratified" that the judge found that Dish's copies infringed on its copyright and breached their contract. But it disagreed that making the copies did not cause irreparable harm.

"Dish is marketing and benefitting from an unauthorized (video on demand) service that illegally copies Fox's valuable programming," Fox said in a statement.

The broadcasters argue that automated ad-skipping would deprive them of needed ad revenue, while Dish argues its new device just makes it easier to do what consumers do already on their own DVRs: record shows and skip through ads on playback.

[bearsweet]

I have stopped watching the two shows I watch on Network TV when they come on. We record them and skip past the ads. The reason we do that is we are so tired of all these ads. I pay my Dish bill so that give me the right to record and watch as I please, and NOT watch what I don't want too.

[john92021]

for me they have reached their saturation point and I can no longer watch commercial TV. I also will not pay to watch commercials. Their product is so poor it is not worth watching even without commercials. They need to get a clue and figure out that they are like land lines, post office, etc.

[margroks]

That happened to us as well. There is now too much time spent on adds and trying to watch online is a real hassle. Often the show will lock up or skip secti0ons. Not an enjoyable alternative to recording and watching later. And yes, I should be in control of what I watch.

[1957vw]

I don't see what the problem is, I used to have an old VCR that would cut out the commercials for me.

[AOCGUY]

I'm not sure I understand the problem. When I watch "taped" shows I fast forward through the ads so other than it requires me to hit the FF button what is the difference? Either way I'm not watching the ads and as mike said, I have already paid for the content.

[skeezix06]

Ads are a real sore point with me after the just completed campaign season. I'm all for skipping past the ads.


However, prior to the avalanche of political ads, I would also like to point out that I tried to watch a CBS show I had missed recently online at the network site and found it so difficult and disruptive that I gave up and found something else to do on the net and won't be trying that again. When I say disruptive, the ads actually made it difficult for my internet connection to process them without slowing and/or pausing. You get ads on the dvd's now. Some allow you to fast forward, others don't. I may stop buying them as well.