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Fox files for New Dish Network hearing in Hopper ad-zapping case

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MUMBAI: Despite another rejection last month of its last attempt to pull the plug on Dish Network's Hopper, 21st Century Fox is stepping back into the legal fray in its battle against the ad-jumping DVR service. The broadcaster filed a brief with the Ninth Circuit Court of Appeals earlier this week requesting a brand new review of the 24 July ruling to be heard by all the court's judges. The previous ruling shut down Fox's aim for an injunction against the Hopper.



For Fox, that was an error and raised the stakes even higher. "The panel announced two unprecedented rules of law that threaten the creation and licensing of television shows, movies, books, software, or other copyrighted content," said the August 7 filing.



With this latest request, Fox may have reached the point where they are now truly grinding away in this satcaster case. Last month's ruling in Dish's favor rebuffed Fox's notion that letting viewers essentially erase the ads in TV shows was a fatal blow to the broadcast industry's business model.



The late July ruling came out an appeal by the broadcaster after a previous District Court ruling in November of 2012 ended up in the satellite service provider's favor. Then US District Court Judge Judge Dolly Gee refused to block sales of the Hopper, even though she agreed with Fox that Dish has likely committed copyright infringement. Introduced in May of last year by Dish, the service lets subscribers to leap past commercials in programs that have been recorded off network TV the day before. CBS, NBC and Fox all filed copyright infringement suits almost immediately against Dish to get the service stopped.

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