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To be clear, the EFF story doesn't mention this, but what was appealed was only the denial of a preliminary injunction against Dish. (We'll see if they change the title, I changed it from the page title to remove the editorialization by EFF that lost some of the real meaning)

While the decision is quite good, it used a different standard of review than will be used if this case goes to trial and is then appealed again by Fox.

So, it's not the end by a longshot, but, is very good so far.