Dish Anywhere lives to see another day. For now.
Fox recently won over Aereo, a TV startup that allowed users to stream Fox programming online. That ruling led Fox to argue that Dish “engages in virtually identical conduct” in facilitating the streaming of content. And since Dish uses “the same defenses as Aereo, which have now been rejected by the Supreme Court,” Fox believed it should be shut down immediately.
However, the United States Court of Appeals for the 9th Circuit had other ideas. According to Ars Technica, Fox will need to settle the issues it has with Dish through the traditional trial process. Seemingly, Fox was trying to avoid this because the larger case will take a lot longer to see its day in court. The trial, Fox et al v. Dish et al is set to start on January 13, 2015, in Los Angeles.
The ruling came down in the form of a four-page opinion that Dish’s Hopper Whole-Home DVR platform wouldn’t cause Fox irreparable harm, despite the broadcaster’s claim to the contrary. In fact, one of the judges in the case made a point of emphasizing the fact that the Aereo decision applied strictly to that service and such restrictions wouldn’t apply to other services (like Dish).
Dish is, understandably, rather pleased with the ruling, and it falls in line with previous attempts Fox made last year to block certain Dish services including AutoHop and PrimeTime AnyTime.
Just last month, Aereo terminated its service temporarily after the Supreme Court made its ruling in Fox’s favor. Fox has been trying to get the court to ban Dish’s Hopper feature, which allows subscribers to skip commercials, since 2012.