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The 9th U.S. Circuit Court of Appeals upheld...

The 9th U.S. Circuit Court of Appeals upheld a September 2013 denial of Fox’s request for a preliminary injunction against Dish Network’s Hopper DVR service, said Dish. Dish is pleased that the court “sided again with consumer choice and control…

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by rejecting Fox’s efforts to deny our customers access to the Dish Anywhere and Hopper Transfers features,” Dish said Monday in a news release (http://bit.ly/1sVdv19). The decision “had nothing to do with the merits of our claim and does not address the fact that ‘Dish Anywhere’ is both illegal and in violation of our existing distribution agreement,” a Fox spokesman said. “We will now move forward and fully expect to prevail at trial.” Fox sued Dish for breach of contract and infringement last year. The court denied Fox’s petition for a rehearing on the matter earlier this year (CD Jan 27 p3).