The automated ad-skipping feature is not illegal, judge decides

Jul 25, 2013 08:50 GMT  ·  By

Back in 2012, the world was surprised to see a TV content provider releasing a DVR device that allowed customers to totally skip advertisements, even the ones aired mid-program. As far as pleasant surprises go, this was a really nice one.

Unfortunately, said surprise was followed soon after by a not so pleasant one, namely a lawsuit by Fox and CBS, among others.

Obviously, carriers and content providers weren't impressed with Dish's decision to circumvent one of the main means of earning their livelihood.

It all ended up in court, and the squabble proceeded to be fought over a period of more than one whole year.

Fortunately, this, at least, proved to be one of those fights that ended on a positive note, at least for us consumers.

That's because Dish network won. The "Hopper" technology can keep skipping ads at the behest of Dish DVR buyers.

The decision was taken by a district judge, and it is final. Initially, the judge ruled against Fox last year, but Fox appealed, so round two had to be fought too.

Hopper is just half the "problem" that Fox tried to argue against. The other is consumers' ability to record programs. That said programs could be recorded ad-free didn't help the plaintiffs' disposition.

"The record did not establish that [Dish], rather than its customers, made copies of television programs for viewing," the panel of judges wrote in their decision.

It all boils down to the fact that the court didn't buy into the argument that broadcasters were responsible for the copyright infringement of their customers.

Obviously, Fox isn't happy about this outcome, since "this is not about consumer choice or advances in technology. It is about a company devising an unlicensed, unauthorized service that clearly infringes our copyrights and violates our contract."

Dish, however, named the ruling "a victory for American consumers, and we are proud to have stood by their side in this important fight over the fundamental rights of consumer choice."