4:31pm PT by Eriq Gardner
TV Networks vs. Dish's AutoHop: Fox Appeals, NBC Wins Round
Fox Broadcasting has wasted no time in filing an appeal to a California judge's Wednesday decision to deny a preliminary injunction on advertising-skipping DVR services known as AutoHop and PrimeTime Anytime.
Even though Fox says it was pleased with certain elements of the ruling, the network believes that an injunction was suitable in this circumstance. At the 9th Circuit Court of Appeals, the network soon will argue that it has a likelihood of success in the copyright battle, that it will face irreparable harm from Dish's technology and that Dish is operating an unauthorized VOD service that illegally copies Fox’s valuable programming
Meanwhile, in another battle over Dish's AutoHop, NBC scored a small victory Thursday when California Federal Judge Dolly Gee -- the same one who is overseeing the Fox case -- denied Dish's motion to dismiss.
Dish had argued that NBC's claims were not properly before the court and wanted the judge to transfer the fight to New York, where Dish is battling ABC and CBS. Venue has been at issue in the litigation since Dish filed a lawsuit in federal court in New York the same day Fox, NBC and CBS filed in Los Angeles. In July, a New York judge decided to allow NBC to pursue Dish in California, and Gee on Thursday saw no reason to disagree.
According to the ruling, "Having considered the unique circumstances presented here, the court finds that dismissal of the contract claims would subvert rather than serve the policy objectives of Rule 13(a) and the first-to-file rule."
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