Dish Network has lowered the price of its 24-hour Sling TV day passes through the end of the month after a federal judge ruled in favor of the pay-TV provider in a lawsuit brought by Disney seeking to block its short-term streaming plans.
Dish announced Wednesday that to “celebrate” the legal ruling, Sling TV will be offering $1 day passes (regularly $4.99) through Nov. 30 to new and returning customers. Day Pass subscriptions include live and on-demand streaming access to Sling Orange-level networks including ESPN, ESPN2, TNT, A&E, TBS, Disney Channel, Comedy Central, History Channel, CNN, and more. Day Pass gives you instant 24-hour access to live sports, entertainment, and news without the need for a long-term commitment.
“The court’s decision is a victory for consumers and a validation of what Sling stands for,” Seth Van Sickel, SVP of Sling TV, said in a statement. “For too long, traditional ‘big media’ companies have intentionally stifled innovation and forced customers to pay for more content than they want or need. We believe consumers deserve the flexibility to watch affordable TV without being tied down by long-term contracts or bloated products. The $1 Day Pass is our way of saying thank you to the customers we fight for every day.”
Disney sued Dish in August over Sling Passes (which include day, weekend, and week-long packages), alleging that the companies violated the terms of their transportation agreement. Warner Bros. Discovery also sued Dish over the provision of sling passes, alleging breach of contract as well.
In a Nov. 17 decision in the case (ESPN Enterprises et al. v. Dish Network LLC), Judge Arun Subramanian of the U.S. District Court for the Southern District of New York denied Disney’s request for a preliminary injunction to block Sling Pass. The judge found that Disney had not demonstrated a likelihood of success on the merits in its breach of contract claim, nor did it demonstrate a likelihood that the company would suffer irreparable harm. He also ruled that Disney failed to show that a preliminary injunction here was “in the public interest or that the balance of equity favors the injunction.”
The judge ruled that Disney and Dish’s distribution agreement does not specify a minimum subscription period, and that the definition of “subscriber” includes anyone authorized to receive “any level of video programming service or programming network package,” including users of free services, whether they pay or have an account. “That broad definition clearly covers the Pass users at issue in this case,” Subramanian said in his ruling.
Disney argued that the Sling TV pass harms other distribution companies, business models, values, brands, and relationships with ESPN Unlimited’s direct-to-consumer streaming service and violates its network’s right to exclude “unauthorized distribution.” “But Disney has failed to show that these alleged harms are not speculative,” Subramanian ruled.
“Although we were not able to obtain preliminary relief to prevent Dish/Sling from selling day passes, weekend passes, and week passes, we look forward to proving our position at trial, where all the facts and evidence will be presented,” a Disney representative said in a statement.
