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Dish Loses Round One In Ad-Zapping Case
(July 10, 2012)
-- Dish Network yesterday lost round one in its legal fight with
the broadcast networks over its controversial ad-zapping Ad Hop
feature. Bloomberg News reports that a federal judge in New York
rejected Dish's attempt to try the case in New York rather than
in Los Angeles.
While that may not seem like a big deal, ABC, CBS and Fox sued Dish in Los Angeles while Dish filed a countersuit in New York. The networks clearly believe they will get a more favorable reception in the LA court system than New York.
U.S. District Judge Laura Swain also gave Dish a tweak as it was heading out the door, suggesting the networks are more likely to be the injured parties.
"Dish's filing (in New York) was motivated by a fear of imminent legal action by the network and was, thus, improperly anticipatory," Swain wrote in her ruling, adding it was inappropriate to hear the cases in New York "because three of the sets of parties claiming injury have chosen another forum for their claims."
Auto Hop, which was added in May to Dish's new Hopper HD DVR, allows viewers to watch the playback of a broadcast network show without ever seeing the commercials. The networks, sans ABC, are suing Dish over the ad-zapper, claiming it violates their copyright and licensing agreements. Dish filed a countersuit in New York.
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