Appeals Court Finds Echostar in Contempt in TIVO Case

[Curtis0620]

Bob your reading it wrong. Tivo hasnt sued over the new hardware which is non infringing.

Only the old DVR's would be forced to be shut off.

TiVo will now go after the newer DVR's as only "colorably" different.

Which is covered by the injunction.

 

[goaliebob99]

Ok I just took a step back a did a re read. New placements could mean new placements of the same product. LOL

 

[Jhon69]

Based on this I woudn't be surprised if Tivo started suing some of the others. However, Directv won't be one of them since Tivo and Directv have a signed agreement that among other things, says that the two companies won't sue each other. Not to mention a new Directv Tivo is "supposed" to be coming at some point. So I doubt Tivo would try to sue somebody who is going to be giving them licensing fees.

Yea and those Replay patents that DirecTV bought really helped DirecTV didn't they?.

 

[Scott Greczkowski]

TiVo will now go after the newer DVR's as only "colorably" different.

Which is covered by the injunction.

But the new receivers use hardware to control the DVR functions not software like the old ones did. The issue was the software.

If Tivo wants to go after them about the hardware they can, but it means starting a new case.

 

[csschrot]

But can they go after DISH for the hardware? I thought the hardware came for Broadcomm so wouldn't they have to go after Broadcomm since they supplied the hardware?

Shawn

 

[Curtis0620]

But the new receivers use hardware to control the DVR functions not software like the old ones did. The issue was the software.

If Tivo wants to go after them about the hardware they can, but it means starting a new case.

With all this extra money, why wouldn't they?

DISH is better off to negotiate a licensing deal.

 

[KAB]

Crap...I have 625 & have lot of programs recorded in it.....so basically I will lose all those recording & my 625 will become just like eg 322. Crap Crap Crap

Then get on you A** and start watching!

 

[Scott Greczkowski]

With all this extra money, why wouldn't they?

DISH is better off to negotiate a licensing deal.

The won't, I dont think they want to start from quare one and have a lawsuit that goes on for years and years.

I believe we will see a licensing deal between Dish and TIVO in the near future.

 

[Curtis0620]

The won't, I dont think they want to start from quare one and have a lawsuit that goes on for years and years.

I believe we will see a licensing deal between Dish and TIVO in the near future.

I agree, 100% with a licensing deal.

What do they have 30 days before the injunction takes effect?

 

[goaliebob99]

The won't, I dont think they want to start from quare one and have a lawsuit that goes on for years and years.

I believe we will see a licensing deal between Dish and TIVO in the near future.

A licencing agreement will be good for dish and tivo, But makes me wonder if we could see any tivo features implemented soon or see a dish network tivo come out within the next few years.

 

[Fitzie]

With Judge Rader's dissent, I think Echostar will proceed with the En Banc request and further appeals.

 

[long_time_DNC]

Charlie should've paid Tivo a license fee just like the others did and avoided this mess...or just bought Tivo outright when this mess started...

 

[Yespage]

I'm confused... I really never looked into this case until now. I always assumed that Echostar had stolen technology from TIVO and that was what this was all about. Not because Echostar infringed on a patent which is dubious at best. If Echostar is infringing on the patent how is anyone else that offers a DVR service not infringing on it? That said, Page 25 seems frightening for Dish Network subscribers (will I be headed to Uverse or back to Directv?).

Given EchoStar’s refusal to disable the DVR functionality in its existing devices and the fact that its original attempts to design around TiVo’s patent were wholly unsuccessful, the district court had ample justification for its determination that court pre-approval of any new design-around effort was necessary to prevent future infringing activity. We see no reason to set this determination aside.

Has this occurred with the 922? From this, it sounds as if Dish Network is barred from releasing a new DVR receiver until after it has been approved by the courts! Could this destroy Dish Network?

 

[yaz96]

I'm confused... I really never looked into this case until now. I always assumed that Echostar had stolen technology from TIVO and that was what this was all about. Not because Echostar infringed on a patent which is dubious at best. If Echostar is infringing on the patent how is anyone else that offers a DVR service not infringing on it? That said, Page 25 seems frightening for Dish Network subscribers (will I be headed to Uverse or back to Directv?). Has this occurred with the 922? From this, it sounds as if Dish Network is barred from releasing a new DVR receiver until after it has been approved by the courts! Could this destroy Dish Network?

You mean the technology TIVO stole from Replay?

 

[Scott Greczkowski]

Charlie should've paid Tivo a license fee just like the others did and avoided this mess...or just bought Tivo outright when this mess started...

Agreed. And this is something I have been saying for a long time now. Both companies could be working on something amazing together, instead they waste their resources on this lawsuit which has taken forever.

I understand Charlie believes he is right, but at sometime you need to know when to say when. I believe that time is NOW.

 

[goaliebob99]

I'm confused... I really never looked into this case until now. I always assumed that Echostar had stolen technology from TIVO and that was what this was all about. Not because Echostar infringed on a patent which is dubious at best. If Echostar is infringing on the patent how is anyone else that offers a DVR service not infringing on it? That said, Page 25 seems frightening for Dish Network subscribers (will I be headed to Uverse or back to Directv?). Has this occurred with the 922? From this, it sounds as if Dish Network is barred from releasing a new DVR receiver until after it has been approved by the courts! Could this destroy Dish Network?

Dont count your chickens on uverse or VZ. Their getting sued too!

TiVo sues AT&T, Verizon over DVR patents | Digital Media - CNET News

 

[Yespage]

You mean the technology TIVO stole from Replay?

I didn't mean to accuse Dish Network of anything. That was just my ignorant and baseless understanding. From what I read, though I didn't scour the entire ruling, it sounds as if Dish Network infringed on a flow chart, not any actual technology. Though, now that I think of it, I'm sure anyone who makes a DVD or Blu-Ray player has to pay royalties to the owners of that technology. So maybe this isn't exactly as bogus as I first thought. It seems like anyone who makes a DVR has to pay TIVO to use that right. I know nothing of Replay.

 

[Uther Pendragon]

Crap...I have 625 & have lot of programs recorded in it.....so basically I will lose all those recording & my 625 will become just like eg 322. Crap Crap Crap

When this all came to a head, I disconnected my 510 I own and am slowly transfering contect to my PC via Svideo connected to a Pinnacle Studio transfer box. I may do the same with a 722 as I just bought a 722k and will swap the receivers. :up

 

[STL]

You mean the technology TIVO stole from Replay?

TiVo owns technology patents that pre-date ReplayTVs. And I don't believe TiVo ever invited in ReplayTV (under the guise they were interested in partnering) and asked to borrow one of their DVRs -- then copied their code. It seems pretty clear that DISH brought this on themselves.

 

[BobMurdoch]

All NonVIP receivers would probably get bricked (my daughter has a 510 which is endangered). UNLESS, someone is still trying to use a Microsoft based 7200 or 7100 dinosaur which predates Tivo I believe.

Eastern Arc and Western Arc migration are about to get kicked into overdrive.