By definition, a DVR that doesn't infringe must have had that fact verified. What company has been in front of a judge to concur their product doesn't infringe TiVo's patent?vampz26 said:So long as DVRs exist that apparently don't infringe (like D* or cable) there will always be a better mousetrap waiting in the wings.
If that is an arugment, it starts with a very bad assumption.
The reality is that the only DVR's that have had the question of infringement tested have been found to infringe. To use the analogy, the cart comes after the horse.