Thread: Notice of Tivo Injunction

Originally Posted by hall

If people have un-used receivers that are affected by the ruling, I might be tempted to activate them quickly. When Dish runs their query on what receivers need replaced, you'll likely be given a new, compliant receiver.

Can't wait to see what I get for my 942.....

Did you people even ready the entire pdf? The "final injunction" was issued back in 2006! The only issue is that the stay of the injunction pending appeal expired on april 18, 2008. The appeal is still pending and no judge issued anything new today or any day recently.

So in other words, the only thing new as of april 18 2008 is that they cant install/sell any of the named receivers. Tivo will have to go back to court to prove that any of the ViP receivers fall under the same lawsuit. No final ruling has been issued on the appeal yet.

I don't understand why anyone would want tivo to win this lawsuit anyways. It would just mean the consumer would have to pay more $$$ for the same product.

Edit:

Actually I was wrong on some stuff. A federal appeals court on April 11 ruled against Echostar. They still have the option of appealing to the supreme court. They are banking on the software modification to get them off the hook for future lawsuits. They currenty owe Tivo the $89 million. Its unclear what Tivo will have to do to dispute the "new software" modification. They might have to file another complaint.


Court smacks down DISH Network appeal in TiVo patent case

The information we were given this morning was that the 721, 921, 942 and 1022 will no longer be installed. All other models of DVR have received updated software which has the "infringing" portions re-written. The ones which have received the new software are the 501, 508, 510, 522, 625, 622, 722, and 622 Homezone. Those receivers can continue to be activated. (In fact I installed 2 625 receivers today.) Any 721, 921 and 1022 receivers currently on customers' accounts are grandfathered in. Hpwever, if we go out to replace a defective 721, 921 or 1022 we must replace it with a different model. For example, a defective 1022 we have to replace it with a 622 Homezone. Dish did what we all knew they would. They had an ace up their sleeve, and had re-written non "infringing" software waiting in the event they lost. When they did, they just rolled it out, and essentially told Tivo to suck it. F*** Tivo and the horse they rode in on.

I still say the patent is bogus, but honestly, shouldn't all the affected receivers be obsolete anyway? Why would Dish want to install anymore MPEG2 units, and why would anyone want to have one? Even if you don't have an HDTV, you can watch the HD channels on an SD TV with a ViP receiver, plus if Dish ever does get an all-MPEG4 service running it might improve the PQ of the SD channels.

Here is a line of code that DISH has re-written to make their software different from Tivo:

010001100101010101000011010010110010000001010100010010010101011001001111

Originally Posted by HokieEngineer

The appeal is still pending and no judge issued anything new today or any day recently.

The appeal ruling came out 1-31-08. Dish's request for rehearing of the appeal en banc was denied April 11. It became final after 7 days (yesterday) as required by procedure. At that time the stay was automatically dissolved and the case moved back to Judge Folsom's district court.

Here is what the appeals court said when they blessed the injunction 1-31-08:

"The district court’s injunction was stayed during the course of these proceedings.
The stay that was issued pending appeal will dissolve when this appeal becomes final.
At that time, the district court can make a determination as to the additional damages, if any, that TiVo has sustained while the stay of the permanent injunction has been in
effect. "

Originally Posted by Greg Bimson

I took the two PDF files and took them over to another site, because of a heated discussion we are having regarding this lawsuit.

The short story is, TiVo will march back into District Court and start contempt of court proceedings on DISH/SATS, because they did not follow the terms of the injunction. The injunction says all infringing DVR's must be disabled except for about 193,000. Because the injunction went live yesterday, 18 April, and no DVR's have been shut-off, DISH/SATS is out of compliance.

It is MY OPINION that DISH/SATS will be smacked so hard they won't see straight for a couple of years.

No, we were told this morning that the so-called "infringing" portions of the software has been re-written so those models except for the 721, 921, 942 and 1022 are currently in compliance. The are no longer infringing, so that portion of the injunction is moot. Yes, Dish rooked Tivo by having revised software waiting in the wings. Now, with teh exception of 4 models, they can tell your precious Tivo to suck it.

Originally Posted by David_Levin

"Infringing products: DP-501, DP-508, DP-510, DP-522, DP-625, DP-721, DP-921, and DP-942."

I believe this list covers the boxes that were in place at the time (3-4 years ago). I assume the 622 & 722 are included as well.

The small number of exempt units are presumed to be the original Dishplayer Models (7100/7200), that were designed by Microsoft who had an agreement in place with TiVo).

This is still legally interesting. Is Charlie required to shut down the units until he proves that they are no longer in violation? Perhaps. Is the plan for everyone to be back in court Monday morning ?

No, they rewrote the software so they are no longer "infringing". And the 622, 722 are specifically NOT included.

Originally Posted by NpaulTodd

yea but what happens to my no PVR fee , and since I own the 721 I would assume I would own the replacement ?

Rest assured that you won't own the replacement receiver. They'll lease you a replacement and you can keep your beloved 721.