Fox Struggles to Halt `Hopper'

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July 24 (Bloomberg) -- Fox Broadcasting lost a second bid to halt Dish Network’s AutoHop ad-skipping service that it says threatens TV’s advertising system when a federal appeals court in California today declined to overule a lower court decision denying the injunction. Jon Erlichman reports on Bloomberg Television's "Bloomberg West." (Source: Bloomberg)

Jon erlichman joins us from l.a. to explain.

On the one side, you have fox, which wants to charge advertisers lots of money during its shows.

On the other side, you have dish, the pay-tv provider worried about the choice consumers have and how that affects subscriptions.

I had a chance to talk about the hopper with the ceo and here is his justification for what they are doing.

I think there are three things we know about the american consumer.

One, they want their content affordable, easy to use, and anywhere.

They are not just satisfied staying at home watching their content today.

They want on the go and at home if they choose to read we believe this is a big idea and will be embraced by the buying public.

Coming back to the fox side, when nielsen rates a show these days, it is based on who actually watched the ads, whether they watch them live or watch them on dvr within three days.

That's the only way you get the proper measurement of ratings.

That's why cbs, which sold the rights to "under the dome" which amazon could only show four days after it aired.

It was the only way to see how ads could be measured.

Those are the two sides of the long battle.

This text has been automatically generated. It may not be 100% accurate.

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