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Thread: Notice of Tivo Injunction
- 05-20-2008 11:07 AM #981
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Your credibility just too a serious hit with this statement.
CES 2004 - CNET.com
The HD Tivo did exist! It just didn't last very long for all the reasons I just said!
Man, the things you don't know can fill a whole book!

- 05-20-2008 11:07 AM # ADS
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- 05-20-2008 11:08 AM #982
- 05-20-2008 11:14 AM #983
SatelliteGuys Regular
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- Apr 23rd, 2008
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You are stating the obvious. The court has said that all units that are not more than colorably different also have to have their hard drives disabled. If TIVO sees no sign that the new software is not more than colorably different and proves it just like they already proved the original and appeal case, then DISH is is is really serious trouble.
The hardware case can still be won under the doctrine of equivlents. I have read TIVO's opinion and they believe they willl win the hardware issue under the doctrine of equivlents. So do I.
- 05-20-2008 11:15 AM #984
- 05-20-2008 11:17 AM #985
- 05-20-2008 11:18 AM #986
permanent injunction
n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. A permanent injunction is distinguished from a "preliminary" injunction which the court issues pending the outcome of a lawsuit or petition asking for the "permanent" injunction.
What does FINAL mean?
DISH must either comply with the injunction or reach a settlement with TiVo. There is no more that can be done for the listed DVR's.
- 05-20-2008 11:24 AM #987
Indeed...the HD Tivo by Directv was arguably one of the finest Tivo products ever.
...and TWT was completely unaware of its existance...
Perhaps because of denial...after all, as fine as that product was, it represents the very testimony to Tivo's failure to innovate and died a premature death...it was a shame...
- 05-20-2008 11:26 AM #988
SatelliteGuys Regular
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Every article I have every read on that subject says it is exactly opposite to what you state. This one took me only 30 seconds to find. Down the bottom it says Replay was a few months behind Tivo. I could dig up many more articles, as I have previously read dozens that say the same thing. But this point is not important to me because long ago I have already read tons of information that has proven to me that TIVO was first to market.
ReplayTV goes further upscale
- 05-20-2008 11:28 AM #989
- 05-20-2008 11:34 AM #990
Can, May, Might, but haven't yet.
Since the original decision was based on the original software/hardware claims and the hardware portion was dismissed, then the injunction can only address software. If the software has been changed, then it must be shown that the software infringes. If it doesn't, the Dish is free to use it as it sees fit.
The injunction to turn off the harddrives was based on the original infringement and only meant to last until it no longer infringes (hardware no longer infringes, since that claim was tossed, and if the software was changed, then likely it doesn't either, unless tivo can show that it does, and they can't as evidenced by the request for more code). The injunction is not for perpetuity, as much as you hope that it is.

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