Fox Appeals Hopper Decision to Ninth Circuit

Fox late Friday filed an appeal to the U.S.
Court of Appeals for the Ninth Circuit asking the court to block Dish's AutoHopad-skipping function.

followed a California District Court denial of Fox's request for a preliminaryinjunction while that court hears Fox's challenge.

had said it would appeal that decision, or at least the part about not granting
the injunction. Fox says the decision, which was sealed, concluded the AutoHop
function is copyright infringement. Dish says it did not.

had asked the lower court for "preliminary and permanent injunctive relief
against Defendants' unlawful scheme to profit from an unprecedented and
unauthorized new system for violating Plaintiffs' copyrights in prime time
network television programming."

the underlying case, which has yet to be tried, charges copyright infringement
and breach of contract. Fox is seeking to enjoin Dish's auto-hop service plus
an award of compensatory and statutory damages, costs and attorney's fees.

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.