The CEA says the 1984 BetaMax ruling regarding "fair use" covers Dish's Hopper ad skipping function. The Consumer Electronics Association filed a brief on behalf of Dish in the 9th circuit court of appeals. Fox is suing Dish over lost revenue from the auto-hop feature. That allows viewers to automatically skip commercials showing during network shows.
It is argued that the time-shifting functionality of Auto Hop is protected by the original 1984 Betamax Supreme Court ruling in Sony Corp. of America v. University City Studios, Inc. It continues on to say that to "find use of the Hopper for these purposes to infringe Fox’s copyrights essentially would be to reverse Sony and hold that most if not all forms of private time-shifting are illegal."
Last year, Fox lost its case forcing Dish to halt the use of auto-hop, or stop selling the Hopper. Meanwhile, Dish still has pending litigation from ABC and CBS.