Tech Groups Back Hopper

CEA, CCIA, Internet Association file amicus brief supporting Dish

By John Eggerton -- Broadcasting & Cable, 1/25/2013 4:11:25 PM

In an amicus (friend of the court) brief filed on Thursday, the Consumer Electronics Association, Computer and Communications Industry Association and Internet Association took Dish's side in the lawsuit filed by broadcasters against the ad-skipping DVR.

The groups said that the Hopper was protected under the Supreme Court's Betamax decision.

"[R]ecording for personal, private viewing does not infringe; nor does declining to watch commercials... There is simply no precedent for finding consumer copyright liability where, as here, recordings stay in the home, are made portable, or otherwise remain under the control of the consumer who made them," they argue.

"The Hopper is an exciting new product that will make television viewing easier and likely encourage viewers to watch more TV," said CEA president Gary Shapiro. "The editors at respected technology website CNET even named the most recent iteration of the Hopper 'Best of CES.'...Broadcasters should try innovating rather than litigating, and proactively offer their viewers the best and most up-to-date television experience that includes enabling consumers to view their favorite programs when, where and how they want."

CEA's support is no surprise. CEA has already given the show an award. Last June, it gave the Hopper a Best of Show award at an event in New York last June, including citing the AutoHopper ad-skipping function for providing "consumer choice and control of TV viewing."

Broadcasters argue that the technology is a threat to their business model and violates copyrights and contracts.