October 23, 2013 3:19pm PT by Eriq Gardner
Fox Appealing Judge's Denial of Hopper 'Anywhere' Injunction
Fox Broadcasting wants another shot to stop Dish's Hopper with Sling, also known as "Dish Anywhere."
Following U.S. District Judge Dolly Gee's ruling last month to deny Fox an injunction, the TV broadcaster has filed a notice of appeal to the 9th Circuit. Judge Gee's opinion is still under seal, but the appeal will likely mean that an appellate court gets to address the legality of Dish's place-shifting technology.
In its unsuccessful motion for a preliminary injunction, Fox argued, “Paying Dish for a satellite television subscription does not buy anyone the right to receive Fox’s live broadcast signal over the Internet or to make copies of Fox programs to watch 'on the go,' because Dish does not have the right to offer these services to its subscribers in the first place."
Fox previously went to the 9th Circuit after the judge refused to shut down earlier iterations of the Hopper ad-skipping service. In July, the appellate court ruled against the broadcaster.
However, Fox lawyers are still hopeful of having the 9th Circuit take another look at its argument that the Hopper constitutes a bootleg video-on-demand service. Fox has filed a petition for a rehearing en banc, and the appellant has been encouraged by 9th Circuit judges demanding Dish make a response and then giving Fox an opportunity for reply. A ruling on whether to allow a rehearing before a full panel of judges at the 9th Circuit could happen soon.