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  1. #51
    Tokafatty is offline SatelliteGuys Freshman
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    Quote Originally Posted by Thomas22 View Post
    I'm not following that logic. If Dish had a clear cut case the judge would have ruled them not in contempt. See, it works both ways. The reality is that judges don't rule from the bench. They write up their rulings with rationale. It takes time.
    It doesn't matter if Dish has a clear cut case or not - the burden of proof is on the Tivo, all Dish has to do is refute any "evidence" Tivo may come up with. It doesn't work both ways unless Dish is counter-suing Tivo...


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  3. #52
    Curtis0620's Avatar
    Curtis0620 is offline SatelliteGuys Junkie
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    Quote Originally Posted by Tokafatty View Post
    It doesn't matter if Dish has a clear cut case or not - the burden of proof is on the Tivo, all Dish has to do is refute any "evidence" Tivo may come up with. It doesn't work both ways unless Dish is counter-suing Tivo...
    I problem. DISH has already been found guilty. This is all about complying with the injuction. Which they obviously haven't.

  4. #53
    Tokafatty is offline SatelliteGuys Freshman
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    Quote Originally Posted by Curtis0620 View Post
    I problem. DISH has already been found guilty. This is all about complying with the injuction. Which they obviously haven't.
    If it were that obvious the judge would likely have ruled. Obviously it's not that obvious.

  5. #54
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    Thomas22 is offline SatelliteGuys Regular
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    Quote Originally Posted by Tokafatty View Post
    all Dish has to do is refute any "evidence" Tivo may come up with.
    The premise was that if Dish did that well then the judge would provide an immediate ruling. It works both ways.

  6. #55
    Tokafatty is offline SatelliteGuys Freshman
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    Quote Originally Posted by Thomas22 View Post
    The premise was that if Dish did that well then the judge would provide an immediate ruling. It works both ways.
    No good defense will drop all of its cards on the table in one shot. A good defense will play only enough cards to win so that, if there is an appeal later, it still has cards up its sleeve.

  7. #56
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    Quote Originally Posted by Tokafatty View Post
    No good defense will drop all of its cards on the table in one shot. A good defense will play only enough cards to win so that, if there is an appeal later, it still has cards up its sleeve.
    They better play some more cards because they have lost at every step so far.

  8. #57
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    Quote Originally Posted by Tokafatty View Post
    No good defense will drop all of its cards on the table in one shot. A good defense will play only enough cards to win so that, if there is an appeal later, it still has cards up its sleeve.
    Appeals are based on whether a procedural error is made by the judge. "New cards" aren't allowed (or germane).

  9. #58
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    navychop is offline Pub Member / Supporter Pub Member / Supporter

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    Quote Originally Posted by jacmyoung View Post
    The new MPEG4-only DVRs are in full production, those people who might be impacted can easily be switched to the Eastern Arc with the new receivers. For those on the west coast, 622s or 722s for replacement

    Unfortunately it wouldn't happen because the DVRs will not be disabled.
    There are no MPEG-4-only DVRs that I've heard of. The MPEG-4 receivers also receive MPEG-2, since there are many channels still in MPEG-2. No point in producing limited capability boxes just for EA.

    And I doubt there are ten million plus receivers out there just waiting to be shipped out.

  10. #59
    Tokafatty is offline SatelliteGuys Freshman
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    Quote Originally Posted by Thomas22 View Post
    Appeals are based on whether a procedural error is made by the judge. "New cards" aren't allowed (or germane).
    Oh, so the validity of Tivo's patents, which is what Echostar's appeal to the 2005 ruling was based on, is "a procedural error made by the judge"? Interesting.

  11. #60
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    Quote Originally Posted by Tokafatty View Post
    Oh, so the validity of Tivo's patents, which is what Echostar's appeal to the 2005 ruling was based on, is "a procedural error made by the judge"? Interesting.
    We are talking about appeal of a contempt ruling, not the validity of the patents, that has already been proven.

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