A federal appeals court has denied Fox's bid to shut down the Dish Anywhere streaming platform. The Ninth Circuit Court of Appeals ruled in favor of TV streaming just three weeks after the Supreme Court shut down Aereo for streaming TV over the internet without permission.
So why did a California federal court give the green light to Dish to continue selling a service so similar to Aereo?
Fox had argued that Dish "engages in virtually identical conduct when it streams Fox's programming to Dish subscribers over the Internet--albeit also in violation of an express contractual prohibition--has repeatedly raised the same defenses as Aereo which have now been rejected by the Supreme Court."
Fox asked the 9th Circuit to impose a preliminary injunction, one that would put a halt to the service.
In a short four-page opinion (attached below), the judges found that Fox's claim that it would be "irreparably harmed" without an immediate block to Hopper was not credible.