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.

Monday's win is the fourth courtroom victory for the Hopper, and the second win within a week's time. Last week, a New York federal judge ruled in Dish's favor in a separate lawsuit over DVR technology brought by ABC.

"We will continue to vigorously defend consumers’ right to choice and control over their viewing experience,” said Dish General Counsel R. Stanton Dodge.