UPDATE, 5:20 PM: The companies have officially announced a “wide-ranging” deal, which “will result in dismissal of all pending litigation between the two companies, including disputes over PrimeTime Anytime and AutoHop.” The agreement calls for Dish to disable AutoHop functionality for ABC content within the C3 ratings window. The pact also for the first time allows Dish customers to access Disney’s authenticated live and VOD products. The full release is below the original story.
PREVIOUS, 3:59 PM: They both made big concessions as part of a new — and long-awaited — program carriage deal that Dish Network cut with Disney, The Wall Street Journal reports. It says that Dish Network has agreed to disable the Hopper DVR’s “Auto Hop” feature for ABC shows for the first three days after they air. Disney, in return, will drop out of broadcasters’ suit against Dish. They’ve said that the DVR’s feature that automatically jumps past ads on some recorded shows infringes on their copyrights and violates carriage contracts. Dish Chairman Charlie Ergen has steadfastly cast himself as a champion for his customers’ interests, saying that Hopper simply automates what DVR owners already can do with their remote controls. Now that Dish and Disney have agreed to allow ad zapping after three days, we’ll have to see whether other broadcasters can accept similar terms. CBS chief Les Moonves said in November that he’s “very flexible. We’re willing to negotiate.” Last month Ergen said that he was “cautiously optimisic” about striking a deal with Disney, in part because CEO Bob Iger — who’s also a member of Apple’s board – “has looked at [terms] in ways that others have not.” Read More »
The satellite company’s Hopper DVR ”has evolved from a plain old set top box to….the hub of the electronic home” — and soon will monitor and automate household functions — Dish Network CEO Joseph Clayton said today at the … Read More »
The CBS chief is taking Dish Network Chairman Charlie Ergen at his word after he said this week that there’s a way for broadcasters to benefit from his Hopper DVR, which automatically zaps ads on recorded shows. “We’re very flexible. We’re willing to negotiate,” Les Moonves told investors today at the Guggenheim Securities TMT Symposium. Calling Ergen “a very smart man” he says “if there’s a way to do this that benefits everybody, we’re very open to it.” But the bottom line has to be that “we need to get paid for our content…. We spend $4M an episode for NCIS. I have to pay for it.” Broadcasters have sued Dish alleging that the Hopper infringes on their copyrights; Dish counters that it simply automates the ad skipping that DVR viewers already do. The fate of the device is an issue in Dish’s current program carriage negotiations with Disney. Ergen says the Hopper “has built-in technology that can target commercials to customers in a better [way]” and “give the broadcaster more revenue” — although he added that “it’s not a proven concept yet.” Read More »
For the second time in less than a week, Dish Network is claiming legal victory against one of the big broadcasters. On September 18th, it was ABC, today it’s Fox. A federal judge Monday spared the satellite provider the preliminary injunction requested by Fox against its ad-jumping Hopper DVR services. As has become the norm in the various Hopper cases, the ruling by Judge Dolly M. Gee was filed under seal for the time being so confidential and proprietary info could be stripped out. While Gee denied the injunction she did indicate to the parties’ lawyers that she believed Fox’s case had merit and could be compensated with damages rather than agreeing to the broadcaster’s motion. “We disagree that the harms caused by Dish’s infringing services are completely compensable by damages, and as a result we are looking at all options. We will file a response in due course,” a Fox spokesperson told me. Dish took a much less nuanced approach in responding to Monday’s decision. “Today’s decision is the fourth in a string of victories for consumers related to our Hopper® Whole-Home DVR platform. DISH is pleased that the Court has sided again with consumer choice and control by rejecting Fox’s efforts to deny our customers’ access to the DISH Anywhere and Hopper Transfers features. We will continue to vigorously defend consumers’ right to choice and control over their viewing experience,” said Dish’s EVP and general counsel R. Stanton Dodge in a statement Monday. Today’s ruling comes from a hearing on the matter held back on April 19th.
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Despite another rejection last month of its last attempt to pull the plug on Dish Network’s Hopper, 21st Century Fox is stepping back into the legal fray in its battle against the ad-jumping DVR service. The broadcaster filed a brief with the Ninth Circuit Court of Appeals earlier this week requesting a brand new review of the July 24 ruling to be heard by all the court’s judges. The previous ruling shut down Fox’s aim for an injunction against the Hopper. Perhaps more importantly, the panel from the Ninth Circuit also said that the provider itself was not infringing on copyright because the services’ users are actually the ones making copies of the programming in question and that’s OK under fair use. For Fox, that was an error and raised the stakes even higher. “The panel announced two unprecedented rules of law that threaten the creation and licensing of television shows, movies, books, software, or other copyrighted content,” said the August 7 filing.
Related: Fox Loses Latest Effort To Block Dish Network’s Hopper Ad-Zapping DVR Read More »
21st Century Fox had hoped to persuade a federal appeals court in LA to overturn a decision that allowed Dish Network to keep selling its Hopper DVR while the companies battle over Fox’s claim that it infringes on its copyrights and breaches contracts. … Read More »
The satellite company isn’t ready to give up on the single-screen TV viewing experience yet. It just rolled out an app, called Social, that it says is the industry’s “first and only set-top app that delivers on-screen social content relevant … Read More »
Dish Network‘s carriage deal with Disney to keep carrying its ABC stations and cable services including ESPN and the Disney Channel will have to be renewed later this year, and some analysts wonder whether talks will run aground: … Read More »
Dish is using the recent controversy over the Best In Show award the satcaster’s new Hopper with Sling DVR did not receive as a recruiting tool. The ad-zapping service was awarded the top prize by the editors … Read More »
The satellite company had high hopes that its new Hopper with Sling DVR would win CNET’s widely watched “Best of CES” award after the tech news and review site named it a finalist and gave it an enthusiastic review, but CNET changed its mind before the awards were announced today. CNET says it removed the new Hopper from consideration “due to active litigation involving our parent company CBS Corp.” which says the DVR’s ability to automatically skip over ads in recorded shows violates the network’s copyrights. What’s more, CNET says “We will no longer be reviewing products manufactured by companies with which we are in litigation with respect to such product.” Dish Network CEO Joe Clayton considers this is a free speech issue. Read More »