Court Order issued in TiVo vs. Echostar scheduling contempt hearing

**long_time_DNC** · 06-07-2008 11:49 AM

Almost sounds like an endgame strategy in a chess match. Tivo got it's bishops, a rook and some pawns left and E* is just hanging around, wearing them down with a queen, two rooks, a knight and a bunch of pawns.

The question will be: who has the best endgame strategy? Knowing E*'s lawyers from past litigation, it'll be a nail-biter.

**riffjim4069** · 06-07-2008 02:17 PM

Originally Posted by long_time_DNC

Almost sounds like an endgame strategy in a chess match. Tivo got it's bishops, a rook and some pawns left and E* is just hanging around, wearing them down with a queen, two rooks, a knight and a bunch of pawns.

The question will be: who has the best endgame strategy? Knowing E*'s lawyers from past litigation, it'll be a nail-biter.

It seem to me that TiVo has all its chess pieces on the board, and E* is down to one twisted wizard and a pair of crooked lawyers. It's only a matter of time before TiVo wins this one...

**riffjim4069** · 06-07-2008 02:23 PM

Originally Posted by long_time_DNC

Knowing E*'s lawyers from past litigation, it'll be a nail-biter.

Considering their less than stellar legal team I would say, "Knowing E*'s lawyers from past litigation, it'll be a nail in their coffin driver."

**jacmyoung** · 06-07-2008 03:14 PM

Originally Posted by Thomas22

Here is a cut and paste from that page:

Thank you.

I must point out though the only time 2. can begin is if DISH is found not in contempt, then the timing of the new software download will dictate the enchanced damage calculation.

If DISH is found in contempt, DISH will appeal, and during such time 2. should be on hold pending the appeals court ruling, otherwise it will be a waste of time.

As far as DISH legal team, DISH had little hope they could get away with their infringing software, they asked their legal team to mount a rigorous defense, to buy DISH enough time to develop a workaround of the Tivo patent. They succeeded in that, not only bought over a year of time for DISH to do the workaround, but also succeeded in having the injunction stayed during all that time.

I think most people agree such strategy has worked for them, now DISH has a legitimate workaround, and its legal team of course still has much work ahead of them, but so far, I'd say they have done their job as intended just fine. The ever mounting frustration among Tivo fans these days demonstrates the DISH legal team's success.

In case people are not aware, my 625 still works just fine.

**FCom911** · 06-07-2008 05:57 PM

I think all concerned know, a simple rewrite of code does not necessarily avoid intellectual property infringement — it goes much deeper than that. Dish's litigation team is shrewd, but not infallible. Was there intellectual property infringement prior to these repositions; it appears so. Has Dish been successful in stringing this out for years; yes. Will they prevail... who knows?

**philhu** · 06-12-2008 03:27 PM

Originally Posted by Thomas22

TiVo has not made any deals with Motorola. TiVo wrote the software for the Motorola boxes on their own.

Not true.

Motorola authorized the software, in 2005. Modifying someone's firmware in a intellectual property box is illegal. The definitely got permission in 2005 to do this

**Thomas22** · 06-13-2008 01:58 AM

Originally Posted by philhu

Not true.

Motorola authorized the software, in 2005.

Link or lie.

**Zero327** · 06-13-2008 05:40 AM

Originally Posted by BobMurdoch

If it weren't for these patents Tivo would have been dead already..... Buy them out and end the threat of that Sword of Damocles hanging over E*'s head.

Not to mention that an E* box with Tivo AND Slingbox features would be a world beater. D* still has sports, but E* can reposition themselves as the enthusiast's service (assuming that brand of enthusiast could care less about out of market sports)

Bad comparison. Referencing the Sword of Damocles infers that E* did nothing wrong other than produce a successful product. Chuck could have handled his business better here and prepared for the eventual attack by Tivo. Desperate companies these days survive by lawsuit. He knew it, he didn't care and the ongoing litigation is a result of poor preparation.

Infringing or not, if he had repaired the issue prior to it being brought to the court's attention (he obviously knew something about it, he had software updates pushed within days of the court order,) this entire item could have been avoided; much like distant locals.

It's not what Chuck does or how he does it. It's his redneck personality where he doesn't proactively address potential threats until they become actual ones. It saves a little bit of money, but (for the rednecks out there) just because a snake doesn't bite you the first time you put your hand in the jar, doesn't mean it won't bite you.