In an opinion yesterday, Judge Swain refused to enjoin Dish Network’s technology allowing viewers to record all prime time network shows (called “Prime Time Anytime” or “PTAT”) and then skip commercials with the touch of a button, instead of fast‑forwarding (called “Auto Hop”). Judge Swain ruled that the combination of these features did not constitute direct copyright infringement:
Continue Reading Judge Swain Refuses to Enjoin Dish Network Features Allowing Recording of All Prime Time Shows and Commercial Skipping

In a ruling yesterday, Judge Swain denied Dish Networks’ motion for an anti-suit injunction against the major broadcast television networks, holding that the majority of the claims at issue should be heard in the California district court where the TV networks had filed suit against Dish. The suits concern Dish Network’s new “auto hop” function, which allows viewers to record the prime time programming of CBS, Fox, ABC and NBC, then skip commercials with the push of a single button, which we have covered before on the SDNY Blog. After Dish began offering the new auto hop feature to customers, press reports suggested that the networks were planning to sue Dish for breach of copyrights and licensing agreements. Dish filed suit in the SDNY, seeking a declaratory judgment that auto hop did not infringe any of the networks’ copyrights or breach any licensing agreements. Hours after Dish’s suit, Fox, CBS and NBC filed suits in the Central District of California. Dish then moved for an anti-suit injunction in the SDNY staying prosecution of the California litigation, which Judge Swain granted on a temporary basis.
Continue Reading Judge Swain Sends Dispute Over Dish Networks’ Commercial-Skipping DVR to California