DISH Cheers Ruling on AutoHop, PrimeTime Anytime

  DISH Cheers Ruling on AutoHop, PrimeTime Anytime

                 TV viewers’ right to skip commercials upheld

      Decision viewed as victory for “common sense and customer choice”

Business Wire

ENGLEWOOD, Colo. -- November 08, 2012

Judge Dolly Gee of the United States District Court, Central District of
California, today rejected Fox Broadcasting Company’s efforts to bar DISH
subscribers from use of the PrimeTime Anytime^TM and AutoHop^TM features found
on the pay-TV provider’s Hopper^TM Whole-Home DVR.

The PrimeTime Anytime feature allows users to easily record the primetime
shows on up to each of the four broadcast networks (ABC, CBS, NBC and Fox) and
save them for up to eight days. The AutoHop feature allows users to play back
certain PrimeTime Anytime recordings commercial-free, starting the day after

A copy of the ruling denying Fox’s motion for preliminary injunction has not
been publicly circulated because the Court is first giving the parties an
opportunity to redact confidential trade information. The ruling relates to
case CV 12-04529 DMG.

In the decision, Judge Gee found it likely that:

  *Contrary to Fox’s assertion, DISH customers using PrimeTime Anytime cannot
    be liable for copyright infringement;
  *Copies made using the Hopper’s PrimeTime Anytime feature do not infringe
    on Fox’s exclusive reproduction rights under federal copyright laws;
  *Neither the AutoHop commercial-skipping feature nor the PrimeTime Anytime
    feature constitutes unauthorized distribution under federal copyright
  *AutoHop does not violate the Video-On-Demand provisions of the 2010
    retransmission consent agreement (RTC) between Fox and DISH;
  *Copies of Fox programs that DISH makes as part of its “quality assurance”
    of AutoHop’s functionality likely violate the RTC between DISH and Fox,
    and likely violate Fox’s exclusive reproduction right under federal
    copyright laws, but;
  *Fox has not established that is has suffered irreparable harm as a result
    of DISH’s making the quality assurance copies.

The ruling enables the Company to continue to offer its subscribers the Hopper
Whole-Home DVR with both the PrimeTime Anytime and AutoHop features. DISH is
reviewing today’s decision and assessing its impact, especially as it relates
to the quality assurance process.

The following statement can be attributed to DISH Executive Vice President and
General Counsel, R. Stanton Dodge:

“Today’s ruling is a victory for common sense and customer choice.

“DISH is gratified that the Court has sided with consumer choice and control
by rejecting Fox’s efforts to deny our customers access to PrimeTime Anytime
and AutoHop -- key features of the Hopper Whole-Home DVR.

“The ruling underscores the U.S. Supreme Court’s ‘Betamax’ decision, with the
court confirming a consumer’s right to enjoy television as they want, when
they want, including the reasonable right to skip commercials, if they so

“We look forward to vigorously defending AutoHop and Primetime Anytime, and
the choice and control those features deliver our subscribers.”

About DISH

DISH Network Corporation (NASDAQ: DISH), through its subsidiary DISH Network
L.L.C., provides approximately 14.042 million satellite TV customers, as of
Sept. 30, 2012, with the highest quality programming and technology with the
most choices at the best value, including HD Free for Life. Subscribers enjoy
the largest high definition line-up with more than 200 national HD channels,
the most international channels, and award-winning HD and DVR technology. DISH
Network Corporation's subsidiary, Blockbuster L.L.C., delivers family
entertainment to millions of customers around the world. DISH Network
Corporation is a Fortune 200 company. Visit


DISH Network Corporation
Bob Toevs, 303-723-2010
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