Dish 3rd Q Earnings RE: DVRs

[Skyhi]

Reading through the 10-Q, this kinda popped out

"absent reversal of the jury verdict in our Tivo patent infringement case, and if we are unable to successfully implement alternative technology, we will be required to pay substantial damages as well as materially modify or eliminate certain user-friendly digital video recorder features that we currently offer to consumers, and we could be forced to discontinue offering digital video recorders to our customers completely, any of which could have a significant adverse affect on our business;"

EDIT: Don't worry, though. Overally Cautionary statements are usually par for the course regarding these types of reports.

 

[Scott Greczkowski]

Thats normal, in the 10Q's they must give the worst case scenario for each lawsuit they are involved in.

 

[Skyhi]

Thats normal, in the 10Q's they must give the worst case scenario for each lawsuit they are involved in.

I know. I just wanted to raise some feathers, but then I felt bad and edited

 

[riffjim4069]

Dish Network reminds me of a classic episode of Seinfeld...

...not to mention the half-a-billion they may have to fork over to VOOM in the coming years. Whatever E*'s leadership has been doing during 2008, they need to do the exact opposite in 2009.

"It became very clear to me sitting out there today, that every decision I've ever made, in my entire life, has been wrong. My life is the complete opposite of everything I want it to be. Every instinct I have, in every of life, be it something to wear, something to eat ... It's all been wrong."

~George Costanza

 

[Jim S.]

I say if Dish is required to disable the DVRs, they should move all their money someplace that nobody can touch it and leave the DVRs running. Neither Tivo nor the courts can upload new software.

 

[Greg Bimson]

From E*'s 10-Q for the 2nd Quarter, 2006:

In the event the Court of Appeals' decision is upheld, and if we are unable to settle with the remaining plaintiffs, we will attempt to assist subscribers in arranging alternative means to receive network channels, including migration to local channels by satellite where available, and free off air antenna offers in other markets. While the broadcasters have agreed to delay issuance of the injunction until September 11, 2006, we are likely to commence (but not complete) shut offs of distant network channels during the third quarter of 2006. Those shut offs could have a material impact on our results for the quarter. However, we cannot predict with any degree of certainty how many of our distant network subscribers would cancel their primary DISH Network programming as a result of termination of their distant network channels. Our revenue from distant network channels is less than $5 per distant network subscriber per month. While less than one million of our subscribers purchase distant network channels from us, termination of distant network programming to those subscribers would result, among other things, in a reduction in average monthly revenue per subscriber and free cash flow, and a temporary increase in subscriber churn. We would also be at a competitive disadvantage in the future, since the injunction would prohibit us from offering distant network channels that will be available to certain consumers through our competitors.

What may be called a longshot may also come to pass...