Thread: Volume One, Show Twenty-Three.

This week Scott and Bob close out our first volume of podcast’s, and reflect on our first season of the Satelliteguys.us Podcast. We also talk about the new DVB S2 tuner cartridge that Pansat is producing for the 9200 and Scott gives us an update on the Fortec Passion. Finally, we cover all the latest Dish Network news including the TiVo vs. EchoStar lawsuit, and the launch of CNN HD, ScifiHD, and UsaHD on Dish Network. Don’t forget to vote for us at Podcast Alley! We will see you real soon!
Dialup users click here! (Real Audio)

Great show guys.

Glad to see you signed up for another season.

Bob. Sound was very good on both ends. It sounded like you and Scott were in the same room.

Great show as always.

Bob I hope you got a big raise for season 2.

Nice job again guys. Audio sounded more balanced this week on both sides.

Scott, you don't switch gears quite as smoothly as Bob.

BTW, I'd like to nominate the official name for the Satelliteguys.us Podcast..."Switching Gears" or, "Let's Go Ahead And Switch Gears."

Switching Gears
A Satelliteguys.us Podcast

Originally Posted by tigerfan33

Great show guys.

Glad to see you signed up for another season.

Bob. Sound was very good on both ends. It sounded like you and Scott were in the same room.

That's what I was aiming for!

Good Job Guys and Thanks for the info...

Originally Posted by goaliebob99

This week Scott and Bob close out our first volume of podcast’s, and reflect on our first season of the Satelliteguys.us Podcast. We also talk about the new DVB S2 tuner cartridge that Pansat is producing for the 9200 and Scott gives us an update on the Fortec Passion. Finally, we cover all the latest Dish Network news including the TiVo vs. EchoStar lawsuit, and the launch of CNN HD, ScifiHD, and UsaHD on Dish Network. Don’t forget to vote for us at Podcast Alley! We will see you real soon!
Dialup users click here! (Real Audio)

In this podcast there are all kinds of wrong. You say that Dish will not have to shut down their DVR's. That is simply wrong. The injunction went into effect on April 18. 2008 and on April 21 the appeal ruling, which Dish lost, made its way to the docket of the district court where Judge Folsom has been overseeing the case. Within the next few weeks Judge Folsom will get back to reviewing the appeals court decision and make his final ruling. If Dish does not strike a deal with Tivo many people are going to have their DVR's disabled. You even read the ruling in the podcast but you did not hear what it said.

You also stated that the 192,000 represents the number of units that are the model numbers you quoted. That is not true. Those 192,000 represents an estimated number of lifetime subscriptions Tivo could have sold, if Dish has not infringed on Tivo's patent. The judge ordered that Dish pay a one time fee for that amount of units. Because in the dish settlement Tivo will receive that money, that amount of Dish units are considered lifetime units and can be kept operating. There are approximately 4.4 to 5 million units in the field that will be effected by this injunction.

Originally Posted by TWT

In this podcast there are all kinds of wrong. You say that Dish will not have to shut down their DVR's. That is simply wrong. The injunction went into effect on April 18. 2008 and on April 21 the appeal ruling, which Dish lost, made its way to the docket of the district court where Judge Folsom has been overseeing the case. Within the next few weeks Judge Folsom will get back to reviewing the appeals court decision and make his final ruling. If Dish does not strike a deal with Tivo many people are going to have their DVR's disabled. You even read the ruling in the podcast but you did not hear what it said.

You also stated that the 192,000 represents the number of units that are the model numbers you quoted. That is not true. Those 192,000 represent the number of units that Tivo has collected lifetime sub money on and the judge ordered that Dish pay a one time fee for that amount of units. Because in the dish settlement Tivo will recieve that money, those units are lifetime units and can be kept operating. There are approximately 4.4 to 5 million units in the field that will be effected by this injunction.

Actualy we were right. IF you listen in again, dish has redesigned the boxes so they dont infringe. Sence the software doesnt infringe, the rueling doesnt apply to those boxes. I have never heard anything of a life time sub, where did you get this info at?

Originally Posted by goaliebob99

Actualy we were right. IF you listen in again, dish has redesigned the boxes so they dont infringe. Sence the software doesnt infringe, the rueling doesnt apply to those boxes. I have never heard anything of a life time sub, where did you get this info at?

I do not need to listen again because I have been aware of that since the first day Dish announced the new software. It happened the day after Dish lost the appeal trial. Funny that they never mentioned new software before that, even though they said they had downloaded the new software to the machines months before. So far, we only have Dish's word that the new software does not infringe. It has not been proven in a court of law and since Dish has insisted for years that their units do not infringe, what real worth can we assign to Dish's words? Not much, I would say.

Dish recently asked that the case be heard again and the court denied their request. After two trials the court knew that it was just Dish being a pain in the butt. Now Dish has asked that the Supreme Court hear the case. However, the Supreme court is deluged by more than 7,400 requests for trial rehearings per year. Being that they are only 9 people it is impossible for them to hear more than one percent of them. That one percent is an official figure that I have personally researched and found to be accurate. The Supreme Court is highly likely to turn down the Dish request because the Supreme court only hears the most important cases. When the Supreme court denies the rehearing of the trial, Dish will officially be out of options in the legal system.

The injunction went into effect on April 18, 2008 and if the court believed that the new Dish software was not infringing then they would have issued a stay and abolished the injunction. That injunction calls for disabling the ability to record to the hard drive and play back from the hard drive. So at this point, Dish is in violation of the Court ordered injunction and will soon be slapped with a contempt of court penalty which will most likely be a very hefty fine for each day of continued contempt of court. Past cases show that these fines tend to be so heavy that they force compliance.

On April 18 2008, Dish sent out a written notice to all their resellers, telling them not to install the listed units. If they truly had software that does not infringe, they would simply let those units be installed and then immediately download the new software to the boxes. The fact that they are not doing that means they know they are still infringing and are trying to buy time to see if the Supreme Court will hear the case and stay the injunction.

Also, although the injunction does list specific models, it also states that it will apply to other models that are only "colorably different". In other words, when the first lawsuit was over, the list contained only models that had been made up to that point. Models manufactured after the date of the injunction in 2006 will come under further scrutiny to see if they are more than "colorably different" or if they also infringe.

In this link I am providing, read post number 1195 from Curtis. The original thread had over a thousand posts and the one I am directing you to is now over a thousand as well. I have read all of both threads and this guy Curtis is right on the money and he has insights into the legal world and how things work. I do not know if he is a lawyer or just very smart. He does spend time reading the legal press releases from the court. He is the one who says the 192,000 was for life time subs that Tivo would have garnered if not for Dish infringing on Tivo's patent all these years.


Continued Coverage of TiVo/Echostar Trial - Page 40 - TiVo Community

It just occured to me that you may not want to sign up for that message board so I will post his post here. he said:

"The exempt units represent the units that TiVo would have sold with lifetime subscriptions had it not been for illegal competition from Dish. TiVo was awarded one-time payments for these units so there is no award for recurring royalties on this number of units only. It's just a number. There is no particular model number involved"