By Jonathan Stempel and Liana B. Baker
Feb 22 (Reuters) - Fox Broadcasting Co has asked a federal
judge to stop Dish Network Corp from letting customers
who use Dish's controversial Hopper digital video recording
device watch Fox programs on tablets and smartphones.
Fox, a unit of Rupert Murdoch's News Corp, on
Thursday asked U.S. District Judge Dolly Gee in Los Angeles to
issue a preliminary injunction against Dish.
If granted, the injunction would also stop Dish, the
second-largest U.S. satellite TV company, from retransmitting
live programs to computers and mobile devices via the latest
Hopper set-top box.
The second version of the Hopper DVR with these new features
became available to Dish's 14 million subscribers on Feb. 11.
"With its latest motion, Fox continues its war against how
Americans watch TV," Dish spokesman John Hall said in an emailed
statement on Friday. "Dish has long argued consumers have the
right to privately watch shows anywhere, anytime, and it looks
forward to continuing its fight."
The Hopper has been controversial because its "AutoHop"
feature lets subscribers skip commercials on recorded programs,
including prime-time shows from Fox, ABC, CBS
and NBC.
Fox lost an attempt last November to block the Dish AutoHop
feature, but is currently appealing that ruling by Gee to the
9th U.S. Circuit Court of Appeals.
Networks have said the feature violates copyright law and
can cut into their revenue from advertisers, who fear some
subscribers will fast-forward over their advertisements.
Now Fox is also fighting back against a new service from
Dish - an on-the-go app that lets subscribers transfer programs
to devices such as Apple iPads, making viewing possible in
places lacking Internet access, such as planes and subway
stations.
The updated Hopper also uses "sling" technology that
redirects live and recorded TV signals to Internet-connected
devices.
Currently, all Dish channels ranging from ESPN to premium
channels such as HBO or Showtime are available for live viewing
on devices other than a TV, depending on the programming package
chosen by customers.
According to Fox, both of these services breached Dish's
license agreement with Fox, and Dish's Internet retransmission
service infringed Fox's copyrights.
The network said it will be "irreparably harmed" absent a
preliminary injunction against Englewood, Colorado-based Dish.
"Fox granted Dish a limited right to retransmit Fox's signal
over its satellite system, and Dish grants its subscribers the
limited right to watch the programs retransmitted by Dish in
their private homes. That is all," Fox said in the filing.
Sling technology was developed by Sling Media Inc, which was
bought in 2007 by the company now called EchoStar Corp.
The billionaire Charles Ergen controls Dish and EchoStar.
Analysts have said Dish created the Hopper DVR to fight back
against retransmission fees that cable and satellite companies
pay to broadcast stations.
A March 22 court hearing is scheduled on Fox's request.
The case is Fox Broadcasting Co et al v. Dish Network LLC et
al, U.S. District Court, Central District of California, No.
12-04529.
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