Dish Wins in the 9th

In its appeal of a district court finding, Fox network has lost another round in its fight against Dish. Dish was sued because of its "PrimeTime Anytime" and "AutoHop" products, which gave customers control over DVR recording schedules and the ability to skip commercials embedded in network broadcasts. The Ninth held that "[a]lthough Fox established a prima facie case of direct infringement by Dish customers, Dish met its burden of demonstrating that it was likely to succeed on its affirmative defense that its customers' copying was a fair use."