The Dish Hopper lives on. An appeals court this week rejected Fox Broadcasting's bid to kill certain features on the Dish Hopper Whole-Home DVR platform.

The Ninth Circuit Court of Appeals on Monday upheld a lower court's September ruling, allowing Dish to continue providing its Dish Anywhere and Hopper Transfer tools.

"Dish is pleased that the Court has sided again with consumer choice and control by rejecting Fox's efforts to deny our customers access," general counsel R. Stanton Dodge said in a statement.

Fox accused the lower court of making legal errors and erroneous factual findings in its ruling, but the appeals court did not agree. According to the judges' four-page opinion, the court denied Fox's request due to a lack of evidence that Dish's technology would "irreparably harm" the company.

Using built-in Sling technology, Dish Anywhere provides Hopper customers the ability to remotely view content from any Internet-connected device, including smartphones, tablets, and PCs.

The Hopper Transfers feature, meanwhile, connects iPad owners to certain DVR recordings without the need for a Web connection, allowing for offline watching from anywhere.

Fox launched its legal attack against Dish Network in May 2012, accusing the company of violating copyright law. In its suit, Fox called the Primetime Anytime recording system a "bootleg broadcast video-on-demand service"a claim the judge dismissed.

Last summer, Fox lost its appeal to ban the Dish services, two months before ABC suffered a similar defeat, giving Dish its third consecutive win. At the same time, a California court denied a Fox injunction request for Dish's "on the go" Anywhere feature.

This week, Dodge pledged to "continue to vigorously defend consumers' right to choice and control over their viewing experience."

For more, see PCMag's review of the Dish Network Hopper and the slideshow above.

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