Since May, Dish Network has provided the AutoHop and PrimeTime Anytime services to its subscribers as ways to skip ad flights on recorded programs. CBS, NBC, and Fox are suing Dish, claiming it violates copyright law and their contracts with the satellite provider.
Dish had filed a suit attempting to prevent the networks from pursuing their case in California. After hearing oral arguments July 2, a federal judge Monday granted Fox's motion to dismiss Dish's legal maneuver.
The legal battle goes to the heart of questions about the future business model for broadcast television and what the demise of TV advertising could mean for working actors.
In a statement, Fox said it was "pleased" with the ruling and planned to pursue legal action in its "chosen forum in the 9th Circuit."
"Now we move on to the real issue at hand—demonstrating that DISH Network has created and marketed a product with the clear goal of breaching its license with Fox, violating copyrights and destroying the fundamental underpinnings of the broadcast television business—which damages not only Fox and the other major networks, but also the hundreds of local stations around the country. We look forward to trying and winning the case on its merits," Fox said in a statement.
In May, the court granted Dish's application for a temporary restraining order prohibiting Fox from pursuing its California action pending a determination by the New York federal court, according to court documents obtained by The Hollywood Reporter.
Dish claimed New York was "the only forum in which all the issues identified by the parties may be resolved." The networks argued it was simply an attempt to secure the most favorable venue. Judge Laura Taylor Swain granted Fox's motion to dismiss Dish's restraining order.
Moreover, Swain allowed Dish's contract claim against CBS and NBC to continue in New York and allowed legal action over copyright claims involving ABC, which has not filed in California, to proceed.
