Fox Broadcasting lawyers made an all-out push earlier this year to knock the newest version of Dish’s ad-skipping Hopper DVR off the market, but they have failed.

A Los Angeles federal judge has weighed the competing briefs of both companies and decided the product can remain on the market while litigation proceeds, according to a Dish statement.

The actual order remains under seal, so the legal reasoning remains opaque, for now.

A redacted order will likely be published soon. Fox had argued that what Dish calls “place-shifting” of content is actually just piracy. Dish violated copyright law by grabbing Fox’s signal and re-transmitting it over the Internet.

The judge overseeing the case apparently thinks the issue is more nuanced than that.     

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