Appeals Court Finds Echostar in Contempt in TIVO Case

[whatchel1]

different suit

I'll have to disagree...unlike Swanni, Craig Moffett gets his information from C-level executives. Mr Moffett built his reputation identifying issues and trends affecting the industry; "things" that impact the bottom-line. The exact number of affected receivers is insignificant at this point...plus, that number will vary greatly if (or should I say when) Tivo moves to incorporate the ViP Series DVRs as being only colorably different. The bottom line, as Mr. Moffett pointed-out, is that Dish Network had many opportunities to license Tivo IP at $1.25 per DVR but, due to the CEO's stubbornness, will most likely be paying $3.00 per each-and-every DVR out there - to include the ViP Series DVRs.

Your statement has come up before and it has said that it will take an entire new suit from TIVO to do this.

 

[Greg Bimson]

Your statement has come up before and it has said that it will take an entire new suit from TIVO to do this.

Let's see, in order to keep on the 522/625 and 501/508/510 DVR's, DISH/SATS will have to strike a licensing agreement. TiVo won't strike a deal unless the ViP series is included.

See? No lawsuit or contempt finding necessary! If DISH/SATS doesn't agree with the terms, 4 million DVR's have their functionality go dark...

 

[riffjim4069]

Let's see, in order to keep on the 522/625 and 501/508/510 DVR's, DISH/SATS will have to strike a licensing agreement. TiVo won't strike a deal unless the ViP series is included.

See? No lawsuit or contempt finding necessary! If DISH/SATS doesn't agree with the terms, 4 million DVR's have their functionality go dark...

Thanks! I was just about to mention this factoid.

 

[AKGolf]

Thanks! I was just about to mention this factoid.

Where was it stated that TIVO won't strike a deal unless the VIP series are included?

If that's true I don't see Charlie giving in to that, I wouldn't

 

[Greg Bimson]

Where was it stated that TIVO won't strike a deal unless the VIP series are included?

If that's true I don't see Charlie giving in to that, I wouldn't

So then I question your next move....

Do you disable just over four million DVR's or risk wrath of contempt a second time?

 

[mike123abc]

So then I question your next move....

Do you disable just over four million DVR's or risk wrath of contempt a second time?

I doubt there are that many non VIP DVRs in the system now. Dish has been pretty busy getting rid of the non VIP DVRs. The 625 is probably still a fairly large installed base, but I bet they have been preparing for this and are ready to switch them out.

 

[AKGolf]

I doubt there are that many non VIP DVRs in the system now. Dish has been pretty busy getting rid of the non VIP DVRs. The 625 is probably still a fairly large installed base, but I bet they have been preparing for this and are ready to switch them out.

I would do that before I allow TIVO to attach themselves to the VIP series. Let them go back to court if they feel they'll win that one.

 

[SomeRandomIdiot]

Did this take into accound that Dish shareholders got a spin off shares of Echostar? Dish is now 2 companies when they used to be one. It is a bit more complicated than just looking at "Dish" stock price.

You mean the Company "SATS" that has lost over 40% of its value since it was split off?

When you factor that in, the loss is even worse, while Directv has been up over 60% since that time.

EchoStar Corporation Share Price Chart | SATS - Yahoo! Finance

While most complain that their 401K went down the tubes in the last 2 years, pratically everyone would be happy with a 60% increase since that time.

Swanni's an idiot - a court jester who knows nothing. Moffett clearly knows the inner workings of the Companies and knows how to spot winners and losers.

 

[HobbyTalk]

Let's see, in order to keep on the 522/625 and 501/508/510 DVR's, DISH/SATS will have to strike a licensing agreement. TiVo won't strike a deal unless the ViP series is included.

Please give a link or statement to confirm this. Thanks.

 

[Voyager6]

Let's see, in order to keep on the 522/625 and 501/508/510 DVR's, DISH/SATS will have to strike a licensing agreement. TiVo won't strike a deal unless the ViP series is included.

See? No lawsuit or contempt finding necessary! If DISH/SATS doesn't agree with the terms, 4 million DVR's have their functionality go dark...

This may happen if the full appeals court decides not hear E*'s case. I still believe that Judge Folsom's statement about disabling the DVR's EVEN IF THEY NO LONGER INFRINGE will be the deciding factor for a full court review. Judge Rader made it a point to highlight this statement.

 

[Greg Bimson]

Please give a link or statement to confirm this. Thanks.

Link or statement?

During the end of the infringement lawsuit in mid-2006, TiVo attempted to get the ViP622/722 attached to the litigation. As the trial was already over, it was not allowed by the court.

During the contempt filings, TiVo wanted more information on every DVR SATS makes.

If anyone believes that TiVo only wants a licesning agreement for the eight named models, all pretty much obsolete technology, without gaining any of the current-generation and future-generation DVR products, I have some land in Florida I'd like to sell.

Even the 10-Q's for DISH/SATS mention problems regarding all of DISH/SATS DVR's.

But just in case this isn't enough, from PCMag.com:

Analyst Spencer Wang of Credit Suisse said that a ruling in TiVo's favor, which could take months to come, could be rough for Dish, since the work-around software is deployed on the vast majority of its millions of DVRs.

"If the company's work-around is found to be in violation, the court could still order Dish to pay damages to TiVo, and to shut down/disable a large portion, if not all, of its DVRs," he said in a note to clients. "This would be a major blow to Dish, potentially requiring the company to buy new DVRs that do not violate Tivo intellectual property."

When the litigation started, it was about every DISH/SATS in-house DVR. To believe that TiVo only wants licensing for the eight models from the original suit is sheer folly.

 

[Kheldar]

Scott beat me to it, but analysts are now starting a rumor that Dish will just buy tivo:
http://www.satelliteguys.us/dish-network-forum/207082-dish-buying-tivo.html

 

[Curtis0620]

Scott beat me to it, but analysts are now starting a rumor that Dish will just buy tivo:
http://www.satelliteguys.us/dish-network-forum/207082-dish-buying-tivo.html

Which means that DISH has given up.

 

[Scott Greczkowski]

Which means that DISH has given up.

Or perhaps ultimately "won."

It depends on how you look at things.

I see it as a positive all around.

 

[Kheldar]

Or perhaps ultimately "won."

It depends on how you look at things.

I see it as a positive all around.

"If you can't beat 'em, join 'em?"

 

[Scott Greczkowski]

Or maybe in Charlies world...

If you can't beat 'em then buy 'em and fire 'em.

 

[Curtis0620]

Poision Pill will prevent this from happening. Unless Charlie wants to pay $7 billion.

 

[rocatman]

Poision Pill will prevent this from happening. Unless Charlie wants to pay $7 billion.

Typically "poison pills" are only inovked if there is a hostile takeover. I would assume this would not be the case for a Dish purchase.

 

[MikeD-C05]

I would think that maybe TIVO has wanted DISH to buy them all along. Thus the reason for this never ending lawsuit. I mean if they get bought , their troubles are over and if they don't, there is all that lawsuit money they can gain to keep them going in the mean time. After all TIVO is going no where and losing subs, this could be the answer to their prayers.

 

[riffjim4069]

I would think that maybe TIVO has wanted DISH to buy them all along. Thus the reason for this never ending lawsuit. I mean if they get bought , their troubles are over and if they don't, there is all that lawsuit money they can gain to keep them going in the mean time. After all TIVO is going no where and losing subs, this could be the answer to their prayers.

Yep, I get the feeling that Tivo execs will soon be joining Sling execs on Easy Street located in the Lap of Luxury. I guess we'll know soon enough...