UPDATE, 3:12 PM: The legal actions are flying. Dish Network filed a complaint of its own this afternoon to protect its Hopper DVR (read it here). And now NBC and CBS have joined the fray with suits against Dish, similar to the one Fox filed earlier. Dish asked the U.S. District Court in New York for a jury trial and declaratory judgement that the Auto Hop ad skipper is “in full compliance with copyright law and its re-broadcast agreements” with ABC, CBS, Fox, and NBCUniversal. “Auto Hop is a more efficient way of achieving what consumers already do with standard DVRs,” the complaint says. Dish adds that CBS, NBC and Fox had accepted ads for the Hopper before it it announced the Auto Hop feature this month.
At that point they “began rejecting advertising from DISH featuring the Hopper or Auto Hop, claiming that the advertisements are contrary to their interests.” As a result, “DISH is reasonably apprehensive that it will soon be the target of litigation” while the networks’ public attacks on the DVR “create a real and immediate controversy over the proper interpretation” of its contracts with the networks.
Related: Cable Execs Warn That Dish Network’s Ad-Zapping DVR Could Lead To Higher Costs
NBC took its case to the same U.S. District Court in California where Fox filed its suit. “The U.S. broadcast networks cannot provide the news, sports and entertainment programming they have historically created and offered if the revenue-generating ads are systematically blotted out on an unauthorized basis by distributors like DISH,” it says.
Activist group Public Knowledge calls the network actions to thwart Auto Hop “a frontal assault on home recording and fair use. Ordinary consumers are in its crosshairs, while Fox demands technological stagnation from innovators.”
PREVIOUS, 1:51 PM: Fox Broadcasting and its film and television station corporate siblings told a U.S. District Court in California that Dish Network‘s Hopper DVR infringes on Fox’s copyrights and breaches the companies’ distribution contract. The suit (read it here) singles out the device’s ability to record all of the major networks’ primetime shows, and then automatically skip over ads two hours or more after a show has been recorded. “This lawsuit is not about DISH enhancing consumer choice,” Fox says. “By stealing FOX’s broadcast programming to create a bootleg video-on-demand service for all network primetime programming, DISH is undermining legitimate consumer choice by undercutting authorized on-demand services.” If Dish isn’t stopped, then it “will ultimately destroy the advertising-supported ecosystem that provides consumers with the choice to enjoy free over-the-air, varied, high-quality primetime broadcast programming.”
The suit says that Fox has no problem with consumers recording individual shows. “A key difference is that DVRs are controlled by the consumer, not the cable or satellite provider.” With the Hopper, the No. 2 satellite company “took active steps to encourage its subscribers to…infringe FOX’s copyrights.” Dish’s device also includes a Sling adapter that streams shows to customers. “By making its bootleg, commercial-free, on-demand programming available over the Internet and on mobile devices via Sling, DISH is usurping rights it never negotiated for and does not possess, in order to compete unfairly with authorized providers such as iTunes and Amazon, who pay for the right to offer commercial-free VOD versions of FOX programming to their customers.” Fox says that it had “no choice but to file suit against one of our largest distributors” in order to “aggressively defend the future of free, over-the-air television.”
Related: NBC Exec Calls Dish Network’s DVR Ad Blaster An “Insult” To TV Ecosystem


… Also the stupid hopper commercials are super annoying themselves. I’ll keep my DVr and fast forward through commercials I have seen a million times and annoying ones.
These comments are so dishonest. They are being posted by FOX and NBC to make you think that people so not care about commercials. Lies! I pay for cable and they pay the networks to broadcast the signal. The just want to control your lives.
A little enlightenment is in order- Charlie Ergen is chairmen of both Dish Network (Dish on Nasdaq)and Echostar (Sats on Nasdaq). Echostar retransmits the Sat programming from the network providers. It also produces the Satellite set boxes. Echostar (not Dish)is being sued by Voom HD. Dish Network makes advertisements, makes the appointments, sends the technicians, collects your money, and connects you to customer service and tech support. Dish Network has nothing to do with copywrite law. Echostar is all about patents and copywrite law. Charlie Ergen never studied copywrite law.
Great…triple what dish network pays you & watch them back down
My TV bill is astronomical as it is. I would hate to see a price increase.
I don’t really see the difference between forwarding commercials and having the DVR do it for me. I’d rather it do it for me considering I don’t like commercials. If I wanted to watch commercials, I’d watch them myself. I understand that is how its being paid for on TV but still! There are too many commercials out there.
If FOX “cannot provide the news, sports and entertainment programming they have historically created and offered” then, perhaps, in light of a recent college study, people of America will become better informed.
When you fast forward through the commercials you at least see something, sometimes when I fast forward threw commercials I rewind to watch a commercial that seems interesting. Anyway I really hope Dish loses this case, or we will all have to pay up in our cable bills, or tv production values will go down greatly.
I hate to say it but Fox is right, and it will win.
I don’t think you guys get it!!! Dish already pays Fox hundreds of millions of dollars to rebroadcast there free over the air broadcasting. Free to the rest of the world. I think Dish should just drop Fox and let them see where they will pick up those Millions; I think your cable will be going up?
I’d be willing to pay a few dollars more a month for ad-free TV if the providers also allowed me to pick and choose which channels I paid for as well. Half the channels on my guide I’ve never tuned into once, and it irks me that I have to pay for them.
Give me a la carte pricing, and I’ll be happy.
Few things:
1) Skipping ads is significantly different than fast-forwarding through them. At FF, you still see brands; their universality and value are still reiterated. At skip, that doesn’t happen.
2) Am I crazy, or didn’t early TiVos develop this feature but abandon it when the networks complained?
2a) Even if I am crazy and this never happened, it’s not like Dish came up with some groundbreaking idea here. Obviously others had it, too, and were capable of making it; they were just less desperate.
Re 2):
No, not crazy but you’re probably thinking of ReplayTV. The suit at that time basically killed the product. We have two and love ‘em.
Dish doesn’t have a leg to stand on.
Gentlemen, start your shorting.
Got me a big flat screen HD-TV. Got me a big antenna on the roof. Got me Netflix streaming. Got me Hulu+. Got me Blockbuster DVD’s by mail. Got me a Blu-Ray-DVD player… Don’t need no stinking Dish!
Having all that is equivalent to a dish network bill.
So what it can auto skip. Most DVR’s have a 30 second skip button so you hit that a few times. Why do they have to have their panties up in a bunch because instead of hitting a button a few times it autoskips. I am a Hopper owner and have to say that’s an awesome feature but only available once the show has been fully recorded so if you are watching it live (obviously you can’t skip at all) but even if you start watching 15 minutes into a 30 minute show you can’t auto skip you have to hit the 30 second skip.
Ditto. I have streaming netflix,DVD/blueray’s and a decent sized iTunes library. The tv shows I watch and enjoy I buy a season pass for
Eugene Polley, who recently passed away at the age of 96, invented the first TV remote control for Zenith. This remote control went into use in 1955. “You can also shut off long annoying commercials” was in an ad for the Zenith Flash-Matic Tuning device. Personally I can’t believe that it has taken someone 57 years to come up with the AutoHop feature. I used it on my new Hopper last night. It’s awesome. However, you can’t autohop on the same day the show airs. It has to be after 1:00 AM the next morning. I believe the Prime Time Anytime feature of the Hopper along with AutoHop will introduce a lot of viewers to shows they would not have otherwise watched. Now it’s up to the broadcasters to alter their business model and get the ads on some other way. Product placement – pop-ups (they already do this to advertise their own shows) banners at the bottom or top or sides of the screen? Come on guys, use some imagination instead of wasting your money in court.
I see both sides here, but find it highly unlikely that Fox will win at all. Fox’s complaint is about “bootleg” copies of primetime shows and about “Altering shows to create ad-free on demand.” (Read the legal mumbo jumbo in the actual lawsuit, 20 times more informative than the actual article, Kinda like a typical fox news show…) Neither of these actually happens. Users actually have to select PrimeTime anytime, which is just a “convenience” record function. Turning it on sets a timer to record 4 channels automatically every night and put them on a 8-day save. Anyone who has used a DVR knows that these kind of auto-record timers are not new, but this is just more convenient. So, no bootleg copies, they are all legitimate DVR copies, which is provided for in the rebroadcasting agreements, and even in fox’s complaint they state they are not targeting the DVR itself. The autohop feature is not 100%. It requires a program to go through and find commercial triggers, a program which does not run on individual boxes. That program then sends out the database it’s compiled at 1AM eastern time to the boxes which use the database as a tool to skip commercials. Anyone who actually has watched it will notice not all the ads disappear, and companies concerned about brand recognition can still get that with the first and last commercial slot in a break. The entire process is an elaborate mechanism to make it easier to skip commercials.
Yes, Dish network has often advertised it as “on demand” and “commercial free service” but in reality it is neither of those things. Users have to tell it to record that group of shows (setting a DVR record, so no “on demand”) and telling it to “hop” commercials (thus not a true “commercial free service”) and I really don’t believe Fox has a leg to stand on. Finally, reading their complaint, it reads a lot like one of their news broadcasts, ill informed, and doing it’s best to twist language in their favor. That means (and here’s the important part) that Fox KNOWS that they don’t have a leg to stand on, and are trying to manipulate the language to kill it before it becomes really obvious what is really going on.
That said, yes, Fox will lose *some* money to the ad skipping software. But they have to think for a minute, and they can spin this for some seriously higher advertising dollars for certain ads that still pop up even for a bit. “Hey, thanks to Dish we’re generating more fanatic viewers of shows that people didn’t realize existed because they were already avoiding commercials! But look, on these shows, we have prime placement in slots guaranteed to get some exposure!” If Fox were to produce good shows, maybe I’d feel more sorry for them, but I really don’t see how a minority of Dish Network viewers (the Hopper is very new) are going to be able to significantly affect advertising dollars.
I was a Dish subscriber for years but they are really a terrible company for consumers. Charlie Ergen lied again and again about the number of HD channels that Dish supplied. They really are a second rate company. DirecTV is so much better.
Fox, NBC someone still watches these? Yeap, that Hopper ad is annoying as hell, to the point of ignoring the product. Odd, i can’t think of a TV ad that has made me buy a product, those butt ugly Flo ads and Allstate ads have gotten me in the habit of hitting mute or switching channels. Guess Fox and NBC will want to remove the mute button next. As much as I pay for TV I am not sure why I get ads or were that money goes. Much refer to have to pay a fee for the TV, ad free and dump all those religious nut jobs channels and those shopping channels that are so neatly bundled in and are nothing more but a cash cow for the cable providers. Gee, paying a fee to shop on TV.
I would never skip commercials, that is steeling. I make sure to watch each one cuz you never no, you mite see somthing u liek! We all need to watch all the commercials. Then go buy the stuff! Plz stop skipping commercials, come on guys!
Two comments – First, when hopper records PT programs and you play those recorded programs back you are offered the option to skip or not skip the commercials. if you choose to skip, that’s what it does, if you choose not to skip then you can watch any commercial you choose to watch. So you get to choose which way you want to go. Since its your choice where is the violation? Secondly, I read through the law suit that was filed against Dish by Fox, ABC, CBS and NBC and I wonder how NBC who apparently owns COMCAST can be a part of the law suit when COMCAST supposedly supplies the remote controls for the Hopper program? Kind of sounds like NBC is suing itself? Interesting concept!