On the face of it, a DVR feature that allows viewers the chance to automatically skip over advertisements sounds like a win-win for everyone: The networks get to continue to sell ad time for the viewers who are watching in real-time (Everyone with DVRs already manually skips the commercials anyway, right…?), viewers get an easier way to avoid ads and Dish Network, the creator of “Auto-Hop”, gets new subscribers easy to take advantage of the new technology. So why has everything ended up in court less than two weeks after the announcement of the feature?
Today, Dish Network found itself being sued by Fox, CBS and NBCUniversal in separate lawsuits over the feature, while simultaneously launching its own lawsuit against the three networks and ABC to defend the legality of its creation. In a statement to the press, CBS explained its lawsuit as responding to a service that “takes existing network content and modifies it in a manner than is unauthorized and illegal. We believe this is a clear violation of copyright law and we intend to stop it.” Fox offered a similar explanation, with its statement saying that the broadcaster was “given no choice but to file suit against one of our largest distributors, Dish Network, because of their surprising move to market a product with the clear goal of violating copyrights and destroying the fundamental underpinnings of the broadcast television ecosystem. Their wrongheaded decision requires us to take swift action in order to aggressively defend the future of free, over-the-air television.”
NBC’s statement, however, was far more direct: “Advertising generates the revenue that makes it possible for local broadcast stations and national broadcast networks to pay for the creation of the news, sports and entertainment programming that are the hallmark of American broadcasting. Dish simply does not have the authority to tamper with the ads from broadcast replays on a wholesale basis for its own economic and commercial advantage.”
In response, Dish SVP of programming David Shull released his own statement, in which he said that “consumers should be able to fairly choose for themselves what they do and do not want to watch,” going on to make the eminently sensible point that “viewers have been skipping commercials since the advent of the remote control; we are giving them a feature they want and that gives them more control.”
In Dish’s own complaint against the networks – viewable here – the company argues that what’s at stake is “freedom of consumer choice [and] individual families’ choice to elect, if they want, to time shift their television viewing and watch recorded television without commercials.” Pushing back against claims that its Hopper box essentially bootlegs signals from the broadcasters, Dish argues that it is simply the next generation of DVR and VCR viewing, tools which have offered the chance to avoid ads for decades by this point. “The DISH Auto Hop feature does not alter or modigy the broadcast signal,” it makes a point of stating, directly contradicting claims put forward in Fox’s suit against the company.
The networks’ suits were filed in the US District Court of Los Angeles, with the Dish suit filed in the US District Court of New York.
@Lieut DirecTV already has the sweet little 30 second button.
Way to go Disk Network!
Simple work around for these lawsuits. Change the feature so it is not “skippings the commercials”, but is only skipping ahead in the stream 30 seconds. That is just enough time to skip the ads, and is worded in such a way as to imply the intent of the feature is not the skip commercials. BAM, Pay me!
And people wonder why others download there tv shows. So they don’t have to put up with the crap they show in-between the breaks. If I want to watch ads I’ll step outside.
I don’t understand why CBS, FOX, & NBC execs don’t want us to enjoy commercial-free TV. I’m a DISH employee – AutoHop is great because you can easily watch commercial-free TV. Public Knowledge, a consumer advocacy group, is taking a stand for consumers by creating a petition that tells CBS, FOX, & NBC media to keep their hands out of your living room & DVR. Sign their petition to keep control of how you watch TV http://bit.ly/KFdn1Q
AUto-Hop !!!! Amazing Feature !!!! That should be installed in Every TV in the world !
If youre paying for a television service, you shouldnt have to watch advertisements.
Do long as they record the commercials for playback within the television program, a feature allowing the consumer to jump over isn’t copyright infringement… For that matter. Just put in a 30, 60, 120, 180 second jump fast forward button….
Oops. ReplayTV my bad.
Patrick De Palma 9 hours Ago
“Simple work around for these lawsuits. Change the feature so it is not “skippings the commercials”, but is only skipping ahead in the stream 30 seconds. That is just enough time to skip the ads, and is worded in such a way as to imply the intent of the feature is not the skip commercials. BAM, Pay me!”
The exact same thing happened to RealTV DVR systems. They had an auto skip commericals function. It was amazing. Got sued into oblivion. They aren’t around anymore. Obviously :-
Sounds like sky plus, that’s been around for years… :/
In the final quote of the article it says “modigy” instead of “modify”.
But on a side note, I don’t see how this has anything to do with copyrights. People fast forward through commercials all the time. It’s just simplifying that, and I don’t know about everyone else but when I had to use a vcr when I was little I hit stop at every commercial break then hit rec again when it came back. Seems like the same deal.
Well not copyrights. But maybe a breach of contract. When licensing a stream there may clauses not to tamper with it. And networks may think this is one such case. In the end, its yet another instance of legacy copyright/license holders running scared to protect their traditional sources of revenue.
“There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute nor common law.”
~Robert Heinlein
hahahaha! I knew this was going to happen! In a recent article about Dish’s “Hop”, I even said how I didn’t understand how networks let them get away with this.