Tivo sanction request against Echostar uncovered: $1Billion

**K9SAT** · 07-14-2009 11:44 AM

This thread reminds me of the Directv cable company commercial where we go Viral and Blogg it out! Except instead of the cable company were talking about tivo!

Wow it went south quick!

**philhu** · 07-14-2009 11:51 AM

Tivo is not going anywhere

They are asking so much because Echostar has DELAYED this whole this for so long just to not pay.

Tivo makes alot of money on closed-circuit tivocasts for hospitals, and the federal government.

I also think Tivo makes the BEST DVR. Sorry, my opinion.

**Scott Greczkowski** · 07-14-2009 11:56 AM

I have never used a TIVO so I have no opinion on them. I know folks that have them LOVE them so thats not a bad thing.

I do feel that Dish's legal team could keep this case going for years, and I think that is what Tivo is affraid of.

I just wish they would settle and work together, that would be better for everyone.

**Greg Bimson** · 07-14-2009 12:09 PM

Originally Posted by Scott Greczkowski

I do feel that Dish's legal team could keep this case going for years, and I think that is what Tivo is affraid of.

I just wish they would settle and work together, that would be better for everyone.

And hence the reason for DISH/SATS to delay the sanctions proceedings.

CEO Ergen of DISH and SATS stated in an analyst call that he wanted to wait for the outcome of the contempt hearing to determine a starting point regarding an agreement with TiVo.

If that starting point is near $1 billion without including future ongoing royalty payments, then DISH/SATS doesn't want any part of it until the ruling is re-examined by the Court of Appeals. Imagine what happens if the proposed sanctions award and the contempt judgment are upheld by the Court of Appeals: that becomes the "starting point".

That is why DISH/SATS is fighting the sanctions hearing. If sanctions are delayed until the Court of Appeals renders their decision, then the "starting point" is much lower and DISH/SATS can go in front of Judge Folsom after the Court of Appeals decides what, if anything, was adjudged incorrectly by Judge Folsom. It gives DISH/SATS time and a better bargaining position.

**TheKrell** · 07-14-2009 12:11 PM

Originally Posted by Scott Greczkowski

I just wish they would settle and work together, that would be better for everyone.

I don't understand how you can say that. This $1B sanction request is a good example of the magnitude of Tivo's unbridled greed. They want too much for an incremental improvement in DVR technology. Sure, Tivo will benefit from an agreement on their terms. But Dish customers will be paying the bill. And after that, everybody else will get slapped with a lawsuit, and then everybody else's customers will have to pay Tivo these exhorbitant rates.

Bottom line: only Tivo benefits from an agreement. The rest of us lose.

**cybok0** · 07-14-2009 12:13 PM

I think Tivo should get as much as they can. E* infringed on Tivo's patents.

**Scott Greczkowski** · 07-14-2009 12:15 PM

They should have settled a long time ago.

Its always the consumers who lose, thats the sad part.

**vurbano** · 07-14-2009 12:19 PM

Originally Posted by grydlok

TiVo wants href="http://www.zatznotfunny.com/2009-07/tivo-wants-1-billion-out-of-dishechostar/" BILLION out of DISH/EchoStar

TiVo wants $1 BILLION out of DISH/EchoStar

GO TIVO GO!!!!!!!!!!!!!!

**cybok0** · 07-14-2009 12:21 PM

Originally Posted by vurbano

GO TIVO GO!!!!!!!!!!!!!!

**Greg Bimson** · 07-14-2009 12:28 PM

Originally Posted by TheKrell

I don't understand how you can say that. This $1B sanction request is a good example of the magnitude of Tivo's unbridled greed. They want too much for an incremental improvement in DVR technology.

The sanction request has less to do with infringement and more to do with a party that has been found in contempt of a court order. If DISH/SATS did what they were supposed to do according to the court order, there would be an agreement at a cheaper price than the proposed sanctions, as DISH/SATS would not have had to disable about four million DVR's with an agreement in place.

The more DISH/SATS digs a trench and fights, the more likely the trench DISH/SATS digs buries themselves. This could have gone away relatively cheaply when the lawsuit was started five and a half years ago. This could have gone away cheaply after the trial. Instead, to damn the torpedoes and go full steam ahead against a court order may simply sink them.

In the end, this is beginning to appear as the big guy (DISH/SATS) trying to dictate terms to the little guy. This as the big guy is flat on his back.