Dish Network L.L.C. v. ABC, Inc. et al

Filing 12

DECLARATION of Elyse D. Echtman in Support re: 3 Order to Show Cause,,,,,,,,. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Echtman, Elyse)

EXHIBIT 3

Dish vs. TV Networks: Attorneys Readying Showdown Over Auto Hop - Hollywood Rep... Page 1 of 4
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Dish vs. TV Networks: Attorneys Readying
Showdown Over Auto Hop
Lawyers are lining up to represent TV broadcasters in what most believe is an
inevitable legal confrontation over the satellite provider's device that allows
subscribers to watch programming without commercials.
6:00 AM PDT 5/23/2012 by Matthew Belloni

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This story first appeared in the
June 1 issue of The Hollywood
Reporter (http://thr.com)
magazine.
Attorneys are lining up to
represent TV broadcasters in
what most believe is an
inevitable legal showdown with
Dish Network over Auto Hop,
the satellite provider's new
device that lets subscribers
watch programming without
commercials.
Sources tell THR that the parent
companies of the four major
broadcast networks -- Fox
Broadcasting, NBCUniversal,
ABC/Disney Television Group
and CBS Corp. -- have begun
consulting with major law firms
with the expectation that

OUR EDITOR RECOMMENDS

litigation will be filed against Dish.
PHOTOS: Hollywood's Memorable Mea
Culpas (http://www.hollywoodreporter.com/gallery/hollywoods
-memorable-mea-culpas-223618)

Upfronts 2012: CW President Talks
Network Reinvention, Dish's Auto
Hop, Canceling 'Ringer'
(http://www.hollywoodreporter.com/news/upfronts
-2012-cw-president-talks-326168)

If so, it would be the first major legal challenge to adskipping technology since Hollywood declared war on
early DVR pioneer ReplayTV in 2001. That company's
owner declared bankruptcy two years after being
sued, so the copyright case was dropped and no major

http://www.hollywoodreporter.com/thr-esq/dish-auto-hop-tv-networks-lawsuit-327958

5/23/2012

Dish vs. TV Networks: Attorneys Readying Showdown Over Auto Hop - Hollywood Rep... Page 2 of 4
DVR provider has since crossed the line from fastforwarding to outright skipping -- until Dish CEO
Charlie Ergen, 59, revealed Auto Hop to his 14
How the TV Industry Blew Its
Best Chance to Kill Dish's AdSkipping Technology

million customers in early May without telling
content providers in advance.

(http://www.hollywoodreporter.com/thresq/dish-network-ad-skipping-technology-

"They gave no warning and introduced a product that

323932)

is totally inappropriate," fumes one network exec.
Hollywood legal execs immediately began talking to

one another, as moguls made their thoughts known during the TV upfronts. "I think this is
an attack on our ecosystem," NBC Broadcasting chairman Ted Harbert said May 14.
STORY: How TV Industry Blew Its Best Chance to Kill Dish's Ad-Skipping
Technology (http://www.hollywoodreporter.com/thr-esq/dish-network-ad-skipping-technology-323932)
The networks are said to be examining their Dish license agreements, looking for breaches
of contract that can be alleged along with claims for copyright infringement. One top exec
said a lawsuit should be expected within a month. (The industry already is fighting the
Barry Diller-backed Aereo, which streams TV broadcasts online.)
In the meantime, Fox and NBC have pulled ads for Auto Hop from their networks, and on a
panel May 21, Discovery CEO David Zaslav suggested Dish will need to raise prices to
compensate networks for lost ad revenue: "If there isn't going to be advertising, then there
needs to be a lot higher subscriber fees."

PHOTO GALLERY

DISH NETWORK (HTTP://WWW.HOLLYWOODREPORTER.COM/CATEGORY/ENTITIES/COMPANY/DISH-NETWORK)

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