Orrick, Durie Tangri Win Affirmed

July 24, 2013

Durie Tangri, with Orrick Herrington, represents Dish in defending the Prime Time Anytime and Auto-Hop features of their award-winning Hopper DVR product.  All four major networks have sued Dish, and sought preliminary injunctions on both copyright and contract grounds.  Fox's motion was the first to be heard, and the District Court denied the motion.  Today, the Ninth Circuit affirmed that opinion in its entirety, confirming that the Sony doctrine (that users have the fair use right to record television broadcasts for later viewing, and that manufacturers and service providers cannot be held liable for providing the tools with which to do so) remains the law despite improvements in recording and commercial-skipping technology, and that the networks have no copyright-based right to prevent ad-skipping.

Read the full opinion here.