| The National Association of Broadcasters announced that the U.S. Court of Appeals in Atlanta ruled in favor of affiliate associations for ABC, CBS, FOX, and NBC, along with the FOX network, in a copyright lawsuit filed against EchoStar.
The National Association of Broadcasters said the decision could prevent EchoStar's DISH Network from delivering distant network TV signals to its satellite subscribers.
Specifically, the 11th Circuit Court affirmed a 2003 finding against EchoStar by a U.S. District judge that ordered the satellite TV company to turn off ineligible subscribers receiving distant network signals. NAB said the appellate court went beyond the lower court in barring EchoStar from delivering distant network TV signals.
The court said, "As if the magnitude of its ineligible subscriber base were insufficiently disconcerting, we have found no indication that EchoStar was ever interested in complying with the S.H.V.I. (Satellite Home Viewer Improvement) Act. We seem to have discerned a pattern and practice of violating the act in every way imaginable."
Following the ruling, National Association of Broadcasters President and CEO David Rehr said the association "is pleased with the unanimous 11th Circuit Court decision. This opinion affirms the importance of localism in television, and vindicates an eight year effort by TV broadcasters to stop EchoStar's blatant and massive abuse of copyright law."
Meanwhile, news reports said TiVo asked a U.S. District judge to shut down the DVR service offered by EchoStar. TiVo won a jury verdict in April that found EchoStar had infringed on one of its patents pertaining to digital recorder technology.
As a result of the litigation many DISH Network subscribers may lose their local channels for ABC, CBS, FOX, NBC and FOX network and may lose their DVR services.
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