Does Fox have a breach-of-contract case against DISH's Hopper?

Fox Broadcasting is "disappointed" in a federal appeals court decision to allow DISH Network to continue offering its Hopper DVR, which deletes ads from recorded shows. However, U.S. Circuit Judge Sidney R. Thomas said Fox may be more successful arguing that DISH has breached its contract, since a 2010 agreement for on-demand content stipulates the satcaster "disable fast-forward functionality during all advertisements." The pact also said the two parties couldn't try to "frustrate or circumvent" the agreement.

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Washington Post (tiered subscription model), The · TVTechnology.com

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