TiVo Sued: A Taste of Their Own Medicine
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DirecTV already said if you use your own network they will not support it, but still you will be charged a monthly fee for MRV.
You may be pleasantly surprised. The reason I say so is because just as thorough as you are on the history of the DVR business, I have been thorough on the TiVo v. E* case.
The old injunction did not specify whether E* may design around or not, but the current injunction clearly allows design around, as long as E* informs the court and obtains approval first. The "inform and approval" provision is new in this current injunction.
In the worst case E* would only be in contempt of the old injunction, I have explained why E* was not in contempt but let's just use the worst case scenario.
Currently E* cannot be find in violation of the current injunction because not only the injunction is stayed, but E* is following it to the T by informing the court several times they are working on new design around options, in fact three options, with all the technical details and non-infringement expert opinions and legal opinions all submitted to the court already, no court can find E* in contempt of the current injunction.
So the worst case E* pays the $300M additional damages, followed by a long process of trying to determine if the new design around options can be approved by the court. By the time it is done, there will probably be no such old DVRs left in the field.
Again, since E* is following the current injunction to the T, the court cannot find E* in violation nor can the court order the DVRs disabled. Under the current injunction the only way the court can force a disablement is if E* decides to sit there do absolutely nothing to those DVRs.
I continue to hold that no one approached TiVo for a buyout, TiVo filed that "change of control" rule so the heads of TiVo can be covered in the event of a court reversal. TiVo is preparing for the worst, just like E*. The only difference is, in the worst case, TiVo's heads will be well covered but TiVo's investors and subs will be screwed. In the worst case, E* will continue to fight in the court, the investors may see some set back in the short term, but the customers will not even notice anything.
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BTW, just because I don't think anyone has approached TiVo for a buyout, does not mean no one will buy TiVo in the future. In fact I have said some time ago on the other site that DISH and TiVo together would be a good thing, but old Charlie will not spend more money than he absolutely has to.
I said back then that TiVo actually committed misconduct in this lawsuit by lying to the court about their software patent specification. They claimed the software claims had nothing to do with start code detection and indexing, the court bought that argument then found DISH new design infringed which led to the contempt finding, yet in the current USPTO action rejecting TiVo's software claims, it says the TiVo software claims require start code detection and indexing, and in TiVo's response to the PTO, it does not even dispute such PTO's contention.
What that means is TiVo knowingly misled the court on the above issue in order to secure the infringement ruling, such misconduct can result in not just the reversal of the ruling, but may allow DISH to seek sanctions against TiVo such as award of attorney fees and costs and other fines. It all depends on how far DISH wants to go on this one.
What that also means is, if the court reverses the ruling (or even not), DISH can discourage any other potential buyers from seeking to buy TiVo on the cheap, because DISH can continue to pursue the case and seek sanctions against TiVo, as a way to keep other potential buyers out. In the end TiVo might have to agree to be part of DISH just to save its own arss. Of course I am not saying this as a matter of certainty, just a scenario with sufficient legal basis for speculation.
I said back then that TiVo actually committed misconduct in this lawsuit by lying to the court about their software patent specification. They claimed the software claims had nothing to do with start code detection and indexing, the court bought that argument then found DISH new design infringed which led to the contempt finding, yet in the current USPTO action rejecting TiVo's software claims, it says the TiVo software claims require start code detection and indexing, and in TiVo's response to the PTO, it does not even dispute such PTO's contention.
What that means is TiVo knowingly misled the court on the above issue in order to secure the infringement ruling, such misconduct can result in not just the reversal of the ruling, but may allow DISH to seek sanctions against TiVo such as award of attorney fees and costs and other fines. It all depends on how far DISH wants to go on this one.
What that also means is, if the court reverses the ruling (or even not), DISH can discourage any other potential buyers from seeking to buy TiVo on the cheap, because DISH can continue to pursue the case and seek sanctions against TiVo, as a way to keep other potential buyers out. In the end TiVo might have to agree to be part of DISH just to save its own arss. Of course I am not saying this as a matter of certainty, just a scenario with sufficient legal basis for speculation.
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I have 2 of them and no bugs here.
If used for OTA only, as I do, there are virtually no bugs, and the TiVo series 3 is quite a reliable box. However, there are countless reports, on the TiVo forums no less, of an very high number of TiVo's that are having big problems functioning reliably with cable TV. The infamous gray screen for analog channels, and the seeming screwed-up SDV converters that are required on many cable systems if the subscriber wants the digital channel, and I almost forgot, the stupid cable card fiasco that caused far too many TiVo users heartache. In fact, even the TiVo fanboys have been so burned, they have given up TiVo for the far inferior cable TV DVR's
Now, I for one, don't think all these problems are really all TiVo's fault, as it otherwise seems to work as advertised because is it really in the interest of the cable companies to allow TiVo to work well on its systems? I think we all know the answer to that. The cable card, SDV converters, are all in the cable cos. control, and the standards set by CableLabs. I 'm not accusing the cable cos. of anything in particular
(don't want to get sued), but let's say that TiVo's Series 3, HD, HDXL problems don't seem to be originated from the TiVo enginners, but from cable TV technology and solutions designed by CableLabs that cause great problems for TiVo users on cable TV systems. Hmm. I'll let others come to their own conclusion.All that aside, I was thinking that at this point Charlie may be seriously considering buying TiVO for even a HUGE amount of $$$ is that in the short-term--presuming things go TiVo's way, Dish will have to pay licensing fees to TiVo that will probably be pretty darn expensive since TiVo will have all the leverage to name its price, but in the long-term, TiVo will quite likely at the expiration of the first licensing fee agreement, increase the fees, perhaps substantially, charged to Dish, and Charlie just can't allow that. I don't remember saying that you said Dish or someone was getting ready to buy TiVo, just that that was my interpretation of the action, and TiVo execs will gladly sell out for the right price.
I have always said DISH and TiVo together would be a good thing, but that does not mean DISH has to buy TiVo at an inflated price, nor does it mean DISH even has to buy TiVo at all. The reason is simple, if TiVo loses this appeal, it has nothing to go on. TiVo will almost be at a dead end. The only meaningful Tivo’s worth would be the cash reserve it has. Knowing how Charlie operates (we all know don’t we?
) I don’t think he is going to pay a high price to get TiVo just to avoid litigation. On the other hand, TiVo exces clearly are preparing for a TiVo crash, i.e. having to sell TiVo at a “wrong price”. They are trying to cover their own behind in such a case.Of course anything is possible, I am not ruling out anything, just speculating based on the facts that what is likely, what is not.
The future Direct Tivo box is not to avoid litigation.
DirecTv bought ReplayTV, which besides having it's own patents has a cross licensing agreement with Tivo. So Tivo couldn't sue DirecTv even if they wanted to.
Which is why DirecTV continues to move their DirecTiVo subs to the DirecTV own DVR base, and continues to delay the rollout of this new DirecTiVo DVR, without fear.
Yesterday TiVo filed another 8-K to allow Blackrock to acquire up to 16.99% TiVo positions without triggering the poison pill. The existing trigger is 15%.
This most recent filing, in conjunction with the previous "golden parachute" filing indicate TiVo might be preparing a takeover while trying to prevent a takeover by Charlie in case of a court reversal, at least TiVo's execs do not want to see Charlie do so under their own watch.
In any event, the fact TiVo is preparing a takeover is evidence that TiVo's execs are at least preparing to give up the litigation effort. A takeover will likely mean a change of path due to change of control. If the TiVo execs are confident about their litigation effort, this would be the worst timing to consider a takeover when several lawsuits are in motion.
It is also an indication TiVo might not be a takeover target by MSFT, Google or Apple..., at least not at this time, as many want to believe.
Speculations based on some facts, but speculations nevertheless.
This most recent filing, in conjunction with the previous "golden parachute" filing indicate TiVo might be preparing a takeover while trying to prevent a takeover by Charlie in case of a court reversal, at least TiVo's execs do not want to see Charlie do so under their own watch.
In any event, the fact TiVo is preparing a takeover is evidence that TiVo's execs are at least preparing to give up the litigation effort. A takeover will likely mean a change of path due to change of control. If the TiVo execs are confident about their litigation effort, this would be the worst timing to consider a takeover when several lawsuits are in motion.
It is also an indication TiVo might not be a takeover target by MSFT, Google or Apple..., at least not at this time, as many want to believe.
Speculations based on some facts, but speculations nevertheless.
There are alot more of us than you think
I have 2 lifetime TivoHD units on FiOS and absolutely love them
There are alot more of us than you think
I have 2 lifetime TivoHD units on FiOS and absolutely love them
SHHHHHHH.
Don't say such a thing to DISH fan boys.
I don't think so. They are preparing for a takeover. How else can you read these filings?
A short statement like this has no credibility unless some rationale is provided to support it. Of course you have tried several times with your own facts earlier but both times you were proven wrong so I can understand the shorter version now.
There are alot more of us than you think
I have 2 lifetime TivoHD units on FiOS and absolutely love them
It does not matter, because no one else (non-TiVo users) cares, the world outside of your TiVo cocoon does not care.
You explain how anything you posted would lead anybody to assume they are dropping litigation, when they have DISH by the short-hairs.
You explain to us why a takeover and the TiVo heads handing over the control of the company cannot be interpreted to mean the litigation path may end.
Please also explain to us if TiVo's heads believe they have DISH by the shot-hairs, given the TiVo poison pill, why is that at this very moment, on the verge of a final win in this prolonged case, the TiVo heads would prepare for the possibility of giving up the control of the company, and also make sure they are all covered regardless how TiVo performs in the near future.
Once you do that, we'll talk.
Show me when I ever said DISH DVRs are better than TiVo DVRs. In fact I have always said both DISH and TiVo have the best DVRs on the market (others may disagree), that has nothing to do with whether people have to care about TiVo's DVRs or not.
The reason most people care little about TiVo DVRs is because TiVo has no control of content, there is no easy path to use TiVo, no matter how good the hardware, without content it is a doorstop.
