Aereo was effectively killed earlier this week when it lost a battle against TV networks at the US Supreme Court. And while justices intentionally stayed away from getting into the broader legality of cloud services, broadcasters are already using Aereo's defeat to better their odds in other conflicts. As The Guardian reports, Fox wasted literally no time citing the Aereo case as part of its long-running feud with Dish. Right after Wednesday's decision, its lawyers latched onto the victory.
The satellite provider currently offers a service called Dish Anywhere that allows customers to view live and recorded TV on a smartphone, tablet, or computer when away from home. Users can also transfer recorded shows to an iPad and take them anywhere. Fox isn't a fan of either feature, and now it's comparing what Dish is doing to Aereo's "unauthorized public performance of Fox’s copyrighted works."
"Dish, which engages in virtually identical conduct when it streams Fox’s programming to Dish subscribers over the internet," wrote Fox lawyer Richard Stone in a letter addressed to court, "has repeatedly raised the same defenses as Aereo which have now been rejected by the Supreme Court." After being handed several losses in its courtroom battle with Dish, Fox is trying to have the case reheard. A do-over would give Fox another chance in its crusade to kill Dish's Hopper platform, which allows Dish Anywhere, iPad sideloading, and also lets subscribers skip over commercials when viewing recorded content. But crucially, Dish has licensing deals in place that allow it to broadcast Fox programming. That's something Aereo could never say, so there are significant differences between the two cases. Still, the networks are clearly proud of their big win and eager to use it to their advantage wherever possible.