The judge agreed that Dish's filing was motivated by a fear of imminent legal action and gave several reasons why Dish should not be able to benefit from being the first to file. A salient lesson that its not always a case of first come first serve.
“Regardless of the venue, we look forward to proceeding with this case, recognizing that it has been 28 years since the Supreme Court’s “Betamax” decision held that a viewer, in the privacy of their home, could record a television show to watch later. The Court ruled that ‘time-shifting’ constituted a fair use of copyrighted television programming. Those Betamax users could permissibly fast-forward through commercials on recorded shows – just as DVR users do today. DISH will stand behind consumers and their right to skip commercials, something they have been doing since the invention of the remote control.”