TIVO vs E*

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I have been on travel all day and just came across this update. All I can say is this comes as absolutely "no surprise" to me and many others not wearing EchoStar apparel...other than Judge Folsom finally ruling on the matter. Unfortunately, this is going to cost E* Big Bucks (I doubt Charlie will get "best customer" licensing terms), and it will probably cost them another 100K-200K customers in addition to the 250K they are expected to lose this year.

Next up for a huge payday due to E* Monkey Business is VOOM! - which may make the Tivo verdict and damages look like chump change.
 
"Even if EchoStar had achieved a non-infringing design-around, this Court would still find
that EchoStar is in contempt of this Court’s permanent injunction. EchoStar never complied with
the Disablement Provision of this Court’s order, which ordered EchoStar to “disable the DVR
functionality (i.e. disable all storage to and playback from a hard disk drive of television data) in all
but 192,708 units of the Infringing Products that have been placed with an end user or subscriber.”
...
By not disabling DVR functionality in adjudged receivers that had been placed with
end-users, EchoStar failed to comply with the plain language of this Court’s order.
...
Accordingly, this Court finds by clear and convincing evidence that a court order, which
required certain conduct by EchoStar, was in effect as of April 18, 2008, and that EchoStar failed
to comply with that order. Therefore, this Court finds EchoStar in contempt of this Court’s
permanent injunction. Specifically, EchoStar is in contempt of the Disablement Provision, which
ordered EchoStar to “disable the DVR functionality (i.e. disable all storage to and playback from a
hard disk drive of television data) in all but 192,708 units of the Infringing Products that have been
placed with an end user or subscriber.”"

Yep, sidestepped the issue. Who cares they don't infringe. They ignored my poorly worded injunction, so my ego will make me enforce it.

Tivo argued specific things Dish did to infringe. Dish removed them. This caused Tivo to completely change some of their original positions. But the judge says he doesn't care.

This is why I LOATHE lawyers.

Next up for a huge payday due to E* Monkey Business is VOOM! - which may make the Tivo verdict and damages look like chump change.

You and your Dish hate over Voom. GIVE IT UP, MAN. The Voom lawsuit has an icecube's chance in hell, if you ask me. Dish certainly has a more compelling case in that one. Now go back to watching your freaking Fios already and stop harping!
 
I have been a E* sub for a long time but feel like they should have worked out an agreement with Tivo before all this mess started. I hope the best for E* but I do feel that Tivo has a legitimate claim. As far as the comments about our flawed system.....That it may be but it could be far far worse.
 
Tivo argued specific things Dish did to infringe. Dish removed them.
Judge Folsom:

"Finally, EchoStar’s modifications do not affect any other limitations in the Software Claims. Dkt. No. 910 at 57:5-58:5; Dkt. No. 912 at 158:10-22. Thus, all remaining limitations are met by the modified products in the exact same manner as they were met in the infringing products. Because all limitations in claims 31 and 61 of the ’389 Patent are practiced by EchoStar’s modified 50X and Broadcom Products, those products continue to infringe TiVo’s patent. TiVo has proven such by clear and convincing evidence."
 
Can someone tell me in plain English what this means for the 622 I have right now, and future products like the 922?

In plain english it means nothing to you now. The most likely outcome of all of this is no impact ever to any Dish customers in any way. It simply means E* will probably pay a chunk of money to Tivo, either to buy a license or buy the company. E* has the money to do either one, and the bottom line is they will never allow allow this to impact their customers, since that would cost them more.

That is just my opinion.
 
In plain english it means nothing to you now. The most likely outcome of all of this is no impact ever to any Dish customers in any way. It simply means E* will probably pay a chunk of money to Tivo, either to buy a license or buy the company. E* has the money to do either one, and the bottom line is they will never allow allow this to impact their customers, since that would cost them more.

That is just my opinion.
I agree
 
Just what you said makes our system far better than most!

Not really...there is way to much corruption in our system as a whole, and way too much nepotism. Judges get their positions via political means, that alone reeks of its flawed nature...
 
You quoted me out of context (again)...I very succinctly stated my point of view...
Again?????

You said it was flawed, I said it depends on your point of view.

From your own posts in other threads, you can not say your own view of the court system is not at least slightly biased.
 
Again?????

You said it was flawed, I said it depends on your point of view.

From your own posts in other threads, you can not say your own view of the court system is not at least slightly biased.

I said this:

Agreed....for example...the system as a whole is critically flawed at its very core, however so long as am able to profit from it, I'm totally fine with that! :D

And I also said that the flaws exist and one just needs to accept them...I said that earlier in this thread...

And of course my way of accepting them, is to figure out ways to profit by them...

Thats all...:)
 
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