Fox Broadcasting Co. v. Dish Network, LLC (original) (raw)
Fox Broadcasting Co. v. Dish Network, LLC (C.D. Cal. January 12, 2015) is a copyright case in which the United States District Court for the Central District of California, by granting partial summary judgment, denied most parts of the copyright claims presented by Fox Broadcasting Company (Fox) against Dish Network (Dish) for its service, a DVR-like device that allowed users to record programming that could be accessed later through any Internet-connected device (Dish Anywhere). The service offered by Dish also allowed users to record any or all Fox's (and the four major broadcast networks) prime-time programs (Prime Time Any Time or PTAT) and to automatically skips commercials (AutoHop).
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| dbo:abstract | Fox Broadcasting Co. v. Dish Network, LLC (C.D. Cal. January 12, 2015) is a copyright case in which the United States District Court for the Central District of California, by granting partial summary judgment, denied most parts of the copyright claims presented by Fox Broadcasting Company (Fox) against Dish Network (Dish) for its service, a DVR-like device that allowed users to record programming that could be accessed later through any Internet-connected device (Dish Anywhere). The service offered by Dish also allowed users to record any or all Fox's (and the four major broadcast networks) prime-time programs (Prime Time Any Time or PTAT) and to automatically skips commercials (AutoHop). Fox argued that Dish Network was guilty of copyright infringement and breach of contract. The district court held that Dish Anywhere did not infringe Fox's public performance right because the service only could be used by subscribers to get access to their own recordings. The recording action and the later transmission depended on the subscribers' engagement in a volitional action. Therefore, there was no direct infringement from Dish. Neither was there a secondary infringement of the company because Dish's users did not publicly perform by using Dish Anywhere. Dish had a license from Fox that allowed it to transmit Fox's programing to its subscribers. When a user transmits programing from one device to another, he or she accesses something that is already in his or her possession from a different device, and this action is not a public performance within the meaning of the statute. The court held that PTAT did not directly infringe Fox's reproduction right because Dish did not engage in a volitional conduct. The recording was made in exclusive response to the user's command. Also, the court ruled that PTAT used by Dish's subscribers was fair use according Sony case. Most, but not all, of Fox's claims were dismissed; ultimately an agreement was reached whereby AutoHop would only become available for Fox stations seven days after a program is transmitted; terms of the settlement were not disclosed. (en) |
| dbo:wikiPageExternalLink | http://www.dish.com http://www.fox.com |
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| dbp:citations | No. CV12-04529-DMG , and No. 12-57048 (en) |
| dbp:court | dbr:United_States_District_Court_for_the_Central_District_of_California |
| dbp:dateDecided | 2015-01-12 (xsd:date) |
| dbp:fullName | Fox Broadcasting Company, Inc.; Twentieth Century Fox Film Corporation; Fox Television Holdings, Inc. v. Dish Network L.L.C.; Dish Network Corporation (en) |
| dbp:imagesize | 100 (xsd:integer) |
| dbp:judge | dbr:Dolly_M._Gee |
| dbp:keywords | dbr:Video_on_Demand dbr:Secondary_infringement dbr:Copyright dbr:Commercial_skipping dbr:Fair_use dbr:Broadcasting dbr:Summary_judgment dbr:Direct_infringement dbr:Public_performance dbr:Volitional_conduct (en) |
| dbp:name | Fox Broadcasting Co. v. Dish Network, LLC (en) |
| dbp:opinions | The district court granted partial summary judgment concluding that there were nor direct neither secondary copyright infringement of Fox's Copyrights by Dish, but there were contractual infringements. (en) |
| dbp:priorActions | In 2012 the District Court denied the preliminary injunction. Fox appealed the ruling to the United States Court of Appeals for the Ninth Circuit The 9th Circuit affirmed. The plaintiff filed a petition for rehearing and rehearing en banc, the rehearing was denied. In January 2015, the District court granted in part summary judgment. (en) |
| dbp:subsequentActions | The summary judgment was denied in relationship with some of the alleged contractual infringements (en) |
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| dct:subject | dbc:Fair_use_case_law dbc:Dish_Network dbc:Fox_Broadcasting_Company dbc:United_States_Court_of_Appeals_for_the_Ninth_Circuit_cases dbc:United_States_copyright_case_law dbc:United_States_intellectual_property_case_law |
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| rdfs:comment | Fox Broadcasting Co. v. Dish Network, LLC (C.D. Cal. January 12, 2015) is a copyright case in which the United States District Court for the Central District of California, by granting partial summary judgment, denied most parts of the copyright claims presented by Fox Broadcasting Company (Fox) against Dish Network (Dish) for its service, a DVR-like device that allowed users to record programming that could be accessed later through any Internet-connected device (Dish Anywhere). The service offered by Dish also allowed users to record any or all Fox's (and the four major broadcast networks) prime-time programs (Prime Time Any Time or PTAT) and to automatically skips commercials (AutoHop). (en) |
| rdfs:label | Fox Broadcasting Co. v. Dish Network, LLC (en) |
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| foaf:homepage | http://www.fox.com |
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