Fox's attempts at shutting down the place-shifting feature of Dish Network's Hopper DVR have been stymied — at least for now. Variety reports that a federal court has denied the network's request for a preliminary injunction against two of the device's features: its ability to stream live or recorded programming to a user's computer, phone, or other device, and the ability to transfer programming to an iPad to watch at a later time. Fox sought a similar injunction against the device's commercial-skipping functionality and was denied last year; it subsequently amended its complaint to include the streaming and transfer features.
It's just the latest in a series of setbacks for networks trying to stop the Hopper. Just last week ABC was denied its own request against the device, which the networks have been claiming infringes their own copyrights. Of course, a preliminary injunction is just one step, and Fox could prevail when the matter actually goes to trial. In the meantime, however, the network has wasted no time in vowing to continue its fight despite the decision. "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," Fox told Variety in a statement. "We will file a response in due course."
In its own statement on the matter, Dish sounded a more more triumphant note. "Today's decision is the fourth in a string of victories for consumers related to our Hopper Whole-Home DVR platform," the statement reads. "We will continue to vigorously defend consumers' right to choice and control over their viewing experience."