This special message was found on their website only or was it sent to users of SA Tivos via a message?
So... If you're a Tivo sub and a Dish Sub... you're using a Tivo to legally re-record/re-compress dish's programming (after it has been converted to analog)? Why bug those loyal subscribers?
This has been debated but the way I see it...
Tivo didn't invent the DVR! They have innovated/enhanced the DVR...
The *media switch* they are suing over shouldn't give them a claim to sue anyone who makes a DVR (but if this litigation sticks, it will, so watch out all HTPC users, they'll be coming to get us too).
Dish DVRs have always written the MPEG2 (and now MPEG4) stream which comes from the sattelite to the HDD, no A->D encoding takes place there. It's a completly different way of recording and there are many other differences.
Really the only claims Tivo should have to sue other compaines would be for ripping off things like: Name Based Recording/Season Passes/Whish Lists/Suggestions and maybe sharing of shows over network/multiple rooms... clearly those features influenced other dvrs (including dish's).
NBR was added to dish DVRs and they clearly got the idea from Tivo (i'm sure they didn't rip it off in code/execution though, which would make Tivo's claim strong/valid). Though for the multiple TV *sharing* you have to hand it to Dish for not directly ripping the execution of that. The 622 is super innovative in that area, we essentially have 2 receivers in one which allow you to instantly watch a DVR'd show on either TV and avoid the delay from network buffering.
I've owned a few Tivos for a few years and for a while I did the dish/tivo thing... while I loved the *hack-ability* of a Tivo (capacity, telnet/console, and pre-TTG), the ability to share shows between two TVs and the HME features... it had a few serious flaws:
SD only (the allready over-compressed dish stuff looked horrible playing back on a nice HDTV), the show sharing was way too slow (wait for transfer/buffer to the second tivo and then if the network stalled...) the menus were slow (but easy to use) and the audio output was subpar...
Since I've had my 622 I have not missed my Tivos (or the monthly fees for GUIDE DATA!) and the flaws of Tivo have been solved (and some quite well) but I lost HME... big whoop!