Ninth Circuit Tosses Fox into the Hopper...For Now [telecom]

Posted on Fletcher, Heald & Hildreth blog on July 29, 2013 by Kevin Goldberg

At first blush, the Ninth Circuit decision allowing Dish to continue to offer its "Hopper" service may not look great for broadcasters, but don't hop to any conclusions just yet.

The TV industry has suffered some setbacks on the copyright front in the Aereo litigation in the Second Circuit and, as we have reported, the industry is keeping its fingers crossed, hoping for support from the Ninth Circuit on the Left Coast (in the pending Aereokiller appeal).

Bad news. In an unrelated case the Ninth Circuit has issued a decision that doesn't help broadcasters although, much like the Aereo decisions so far, the damage here is by no means catastrophic.

The decision involves the "Hopper" from Dish.

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Neal McLain

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