Fox Broadcasting Co. v. Dish Network L.L.C.

ORDER

The opinion filed July 24, 2013, 723 F.3d 1067 , is amended as follows:

At 723 F.3d 1067, 1074 , at the end of the first paragraph, following the parenthetical “(quoting Prosser & Keeton on Torts § 42)” insert the following as a footnote:

Although the district court misquoted Prosser & Keeton’s treatise, it did not abuse its discretion in concluding that the user is “the most ‘significant and important’ cause of the copy.”

With the opinion as amended, the panel has unanimously voted to deny the petition for rehearing. Judges Thomas and Silver-man voted to deny the petition for rehearing en banc and Judge Fisher recommended voting to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35(b).

The petition for rehearing and the petition for rehearing en banc are DENIED.

No further petitions for rehearing or rehearing en banc will be entertained.

OPINION

Dish Network offers two marsupial-inspired products: - the “Hopper,” which “hops” over commercials, and a companion *1064 box known as a “Joey.” Fox Broadcasting…