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+--- Thread: "Appeals court rules Dish’s Hopper DVR is legal" (/showthread.php?tid=155589)
"Appeals court rules Dish’s Hopper DVR is legal" - Ted King - 07-25-2013
http://arstechnica.com/tech-policy/2013/07/appeals-court-rules-dishs-hopper-dvr-is-legal-for-now/
The US Court of Appeals for the 9th Circuit upheld the lower court judge's decision to side with DISH, saying that Fox "had not established a likelihood of success on this claim." At the end of the day, the copies on a Hopper DVR are made "at the user's command," the three-judge panel noted. Even though many details of the copying are up to Dish—it's up to Dish how long the copies are kept, for example—they are still fundamentally copies made by the user, not by Dish.
Even better for Dish, the appeals court found that it's likely to succeed on a fair use defense. Dish customers make home, noncommercial copies, and those are legal—just like the home copies made on VCR tapes that were at issue in the famous 1984 Betamax case.
Re: "Appeals court rules Dish’s Hopper DVR is legal" - srf1957 - 07-25-2013
The only problem is the 9th circuit is overturned a lot.
Re: "Appeals court rules Dish’s Hopper DVR is legal" - davester - 07-25-2013
srf1957 wrote:
The only problem is the 9th circuit is overturned a lot.
Sorry to break this to you, but the 9th circuit overturn record is about the same as all the others, and overturns only occur IF a decision is appealed to the supreme court and IF the supreme court agrees to rule on it (two gigantic IFs). http://westreferenceattorneys.com/2011/07/should-the-ninth-circuit-be-judged-by-reversal-rates/
It is true that certain highly biased media outlets trumpet the 9th circuit's decisions, especially if they are overturned, but that's just propaganda, nothing more, nothing less.
Re: "Appeals court rules Dish’s Hopper DVR is legal" - Spock - 07-25-2013
Good, one small 'win' for the consumer.
Re: "Appeals court rules Dish’s Hopper DVR is legal" - srf1957 - 07-26-2013
davester wrote:
[quote=srf1957]
The only problem is the 9th circuit is overturned a lot.
Sorry to break this to you, but the 9th circuit overturn record is about the same as all the others, and overturns only occur IF a decision is appealed to the supreme court and IF the supreme court agrees to rule on it (two gigantic IFs). http://westreferenceattorneys.com/2011/07/should-the-ninth-circuit-be-judged-by-reversal-rates/
It is true that certain highly biased media outlets trumpet the 9th circuit's decisions, especially if they are overturned, but that's just propaganda, nothing more, nothing less. All that says is there are 2 other courts that are as bad as the 9nth not that it won't be appealed and have a 79% chance of some kind of reversal. The SC seems to side with the DRM c rowd.