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May 2014

"If recording an entire copyrighted program is a fair use, the fact that viewers do not watch the ads not copyrighted by Fox cannot transform the recording into a copyright violation."

-Ninth Circuit Judge Sidney R. Thomas (joined by Judges Barry G. Silverman and Raymond C. Fisher) affirming a trial court order that denied Fox an injunction against Dish's "marsupial-inspired" AutoHop ad-skipping product. (Fox Broadcasting Co., Inc. v. Dish Network LLC, 2014 WL 260572 at *6).)

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