TIVO lawsuit update
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Yeah. A slow, DVR with a klunky, illogical interface. One that's so slow it has to make that annoying little plop noise so you know that that it actually accepted your input, and will process it when it's damn good and ready. No thanks, keep Tivo the hell away from my Dish DVR, thank you.
Because E* SAYS they have modified their software doesn't make it true! There's more to it than just modifying code.
If the court rules against them they WILL turn them off or be in even deeper problems.
D* has legal agreements with TIVO till 2011 that allow them to update receivers that use TIVO patents. D* did buy out Replay which also holds TIVO like patents.
You did read it wrong.
The court stated, "At several points, TiVo argues that even if this court were to overturn the jury’s verdict of literal infringement, there would still be ample evidence of infringement under the doctrine of equivalents. There are two problems with upholding the judgment on the hardware claims on that basis. First, the jury was told that if it found literal infringement it should not make a determination as to whether there was infringement under the doctrine of equivalents, so there was no verdict on the issue of equivalents with regard to the hardware claims. Second, we have construed two of the claim limitations more restrictively than the trial court’s instructions permitted. For that reason, even if the jury had reached a verdict with respect to the doctrine of equivalents we could not sustain that verdict merely upon finding that substantial evidence supported it. At this juncture, we could uphold the judgment on the basis of the doctrine of equivalents only if we were to conclude that no reasonable jury, given proper instructions, could reach any verdict other than to find infringement by equivalents. The parties, however, have not briefed that issue in any detail, and we therefore do not address it. More generally, we do not decide what further proceedings, if any, are appropriate in the district court regarding the equivalents issue. Instead, we leave that issue for the district court to resolve in the event that, on remand, TiVo decides to continue to pursue the hardware claims in light of this decision."
Essential Tivo can have the hardware issue reexamined by the district court. The press release from Echostar was comical.
Yeah, that seems like to me that the hardware portion of the lawsuit can still happen if Tivo wants to pursue it.
74 Million dollars ,Thats roughly 1,000,000 subscribers monthly payments handed right over to TIVO . Thats Big! Thats going to cost the customer some money. For sure !
In a similar lawsuit Blackberry paid 400 million, they are still around and I don't hear users complain about higher cost.
"We are pleased the Federal Circuit found for us on Tivo's hardware claims, but are disappointed in the Federal Circuit's decision on the software claims. The decision, however, will have no effect on you because EchoStar's engineers have developed and deployed `next-generation' DVR software for our DVRs. This improved software is fully operational, has been automatically downloaded to your DVR, and does not infringe the Tivo patent at issue in the Federal Circuit's ruling.
You can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network.
We intend to appeal the Federal Circuit's ruling affirming the $94 million jury verdict."
You can continue to use their DVRs without any interruption or changes to the award-winning DVR features and services provided by DISH Network.
We intend to appeal the Federal Circuit's ruling affirming the $94 million jury verdict."
It is not going to cost the customers anything. It is going to cost the company. If the company tries to raise prices to make up for it then they will leave for DirecTv or cable. They will gain nothing by raising prices, they will lose when they lose subscribers as a result.
No DVR service, no business from me and many others. Dish Network stands to lose a whole heck of a lot more than what it will cost to pay Tivo if the DVR's had to be shut off. If they have already addressed the issue with software updates as previously stated in some posts then that will not be an issue to worry about.
It doesn't matter how many times you post this, it doesn't change the fact that:
Dish didn't win on the hardware claim, the new software may infringe on the tivo patent and it is very unlikely the USSC would grant cert. in this appeal. The only part that is true is that echostar customers will not lose dvr service.
Henry Ford didn't invent the automobile. He just made it affordable through assembly line production. Prior to that innovation, cars were built one at a time and cost a lot more.
Exactly. And what I've been saying about Replay and Tivo. Reminds me a lot of Tesla and Marconi. Tesla invented the radio, had it patented, and published the plans for construction. Marconi read those plans, made his own, which was just like it, and pretended like he invented the radio. It took years before the Supreme Court ruled in Tesla's favor. But to this day schoolchildren are taught that Marconi was the "father of the radio" even though he was nothing of the sort. Just like how Tivo is credited for being the "Father of the DVR" even though Replay invented it. Not a completely analogus situation, but close enough.
