Actualy we were right. IF you listen in again, dish has redesigned the boxes so they dont infringe. Sence the software doesnt infringe, the rueling doesnt apply to those boxes. I have never heard anything of a life time sub, where did you get this info at?
I do not need to listen again because I have been aware of that since the first day Dish announced the new software. It happened the day after Dish lost the appeal trial. Funny that they never mentioned new software before that, even though they said they had downloaded the new software to the machines months before. So far, we only have Dish's word that the new software does not infringe. It has not been proven in a court of law and since Dish has insisted for years that their units do not infringe, what real worth can we assign to Dish's words? Not much, I would say.
Dish recently asked that the case be heard again and the court denied their request. After two trials the court knew that it was just Dish being a pain in the butt. Now Dish has asked that the Supreme Court hear the case. However, the Supreme court is deluged by more than 7,400 requests for trial rehearings per year. Being that they are only 9 people it is impossible for them to hear more than one percent of them. That one percent is an official figure that I have personally researched and found to be accurate. The Supreme Court is highly likely to turn down the Dish request because the Supreme court only hears the most important cases. When the Supreme court denies the rehearing of the trial, Dish will officially be out of options in the legal system.
The injunction went into effect on April 18, 2008 and if the court believed that the new Dish software was not infringing then they would have issued a stay and abolished the injunction. That injunction calls for disabling the ability to record to the hard drive and play back from the hard drive. So at this point, Dish is in violation of the Court ordered injunction and will soon be slapped with a contempt of court penalty which will most likely be a very hefty fine for each day of continued contempt of court. Past cases show that these fines tend to be so heavy that they force compliance.
On April 18 2008, Dish sent out a written notice to all their resellers, telling them not to install the listed units. If they truly had software that does not infringe, they would simply let those units be installed and then immediately download the new software to the boxes. The fact that they are not doing that means they know they are still infringing and are trying to buy time to see if the Supreme Court will hear the case and stay the injunction.
Also, although the injunction does list specific models, it also states that it will apply to other models that are only "colorably different". In other words, when the first lawsuit was over, the list contained only models that had been made up to that point. Models manufactured after the date of the injunction in 2006 will come under further scrutiny to see if they are more than "colorably different" or if they also infringe.
In this link I am providing, read post number 1195 from Curtis. The original thread had over a thousand posts and the one I am directing you to is now over a thousand as well. I have read all of both threads and this guy Curtis is right on the money and he has insights into the legal world and how things work. I do not know if he is a lawyer or just very smart. He does spend time reading the legal press releases from the court. He is the one who says the 192,000 was for life time subs that Tivo would have garnered if not for Dish infringing on Tivo's patent all these years.
Continued Coverage of TiVo/Echostar Trial - Page 40 - TiVo Community
It just occured to me that you may not want to sign up for that message board so I will post his post here. he said:
"The exempt units represent the units that TiVo would have sold with lifetime subscriptions had it not been for illegal competition from Dish. TiVo was awarded one-time payments for these units so there is no award for recurring royalties on this number of units only. It's just a number. There is no particular model number involved"
