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The Hopper Survives Appeal

The 9th Circuit COA affirmed the denial of a preliminary injunction sought by Fox against Dish Network, centered on technology that allows viewers to skip commercials.  "Commercial-skipping does not implicate Fox's copyright interest because Fox owns the copyrights to the television programs, not to the ads aired in the commercial breaks," Judge Sidney Thomas wrote in Fox Broadcasting v. Dish Network. "If recording an entire copyrighted program is a fair use [under Sony], the fact that viewers do not watch the ads not copyrighted by Fox cannot transform the recording into a copyright violation."
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