DISH Network and EchoStar Statement Regarding Tivo

I still don't get it and I've mentioned this before, E* basically admits that they did have infringing technology but now they have a software update which resolved that issues in the newer receivers.

Am I missing something here?

Dish has always claimed they never infringed. The software that was found infringing (which of course Dish disagrees with the jury) was replaced by Dish. Dish claims to have 3 separate outside reviews of the new code that shows that it does not infringe. TiVo of course claims that the new software still infringes. This will be battled out in court for a while.

If Dish manages to get another appeals court to stay the injunction or otherwise halt the proceedings, the Supreme Court would probably have to sort it out. It looks like that is what Dish is trying to do. It will probably not be easy.

Some companies manage to develop technology and make a lot of money licensing it (like Dolby Labs). TiVo never seems to have been successful at doing this, their most successful partner to date DIRECTV is replacing TiVos as fast as it can cutting off TiVo's revenue stream. It will be interesting to see if they have success with Comcast.
 
Charlie might have to fork over a lot of money this fall with Tivo & VOOM lawsuits. Best of luck, since 2009 will see more fees and bigger increases to cover these monetary payouts, should Charlie lose both battles.
 
So this helps to explain the go backs, warranties, and backcharges placed on good techs, when all along software engineers were rushing new and untested updates to dvrs to beat tivo lawsuits....... E* reports poor quality installations are the issue, {many do happen} however, most installers strive for quality and integrity. we work in our neighborhoods and know our people. I wish E* would show some corporate ethics and settle this. Tivo has won and will continue to win, Dish will only drag it out and lose
 
The countersuit is a motion to change venue without all of the unnecessary paperwork as Delware is a different appeals circuit than consumer and small corporations friendly Texas. It's rather clever when you think about it. A verdict in Texas won't necessarily carry over so it's an appeal without appealing as well as a proactive countermeasure by E*. Stockholders be damned.

It would actually be the same appellate level court, all patent cases go to the United States Court of Appeals for the Federal Circuit.

If the district court in texas rules on the new software issue, its not clear if they will, the result would carry over because of res judicata and collateral estoppel.
 
Isn't this kinda like Microsoft vs. Macintosh? They are both Personal Computers, who pretty much look the same and do the same things, and share little of the same code (up to a few years ago). Two systems who do the same thing, just go around doing them from different angles.
I understand that DishNetworks DVR did those things a bit too much like TiVo did, but with the changes in programing, I could see a valid point in seeking back-damages, but no damages going forward.


And who in the hell does Dish have on their Legal Team? Batting a thousand, no doubt.
 
DIRECTV is replacing TiVos as fast as it can cutting off TiVo's revenue stream.

This is NOT true.

D* is working with TiVo
E* is fighting TiVo

There is a "do not sue" agreement between TiVo and D*

There are many active D* TiVo's in use. Currently, D* is converting MPEG-2 and MPEG-4 which many TiVos will have a problem with. TiVo and D* is working to update the software in those active TiVo's.

This active, friendly relationship could lead to future TiVo Systems on D*.

D* also bought Replay TV (including their patents and offices).

D* current DRVs are clunky, probably because they had to build them from scratch without stealing the technology.

Now D* is in a very good position to develop and release kick ass DRVs.

DISH on the other hand has just made DVR enemies.

The more I look at DISH, the more I dislike their business activities and lack of integrity. DISH seems to be in trouble allot, probably why EcoStar and Dish Newtork turned into two separate companies.
 
This is NOT true.

D* is working with TiVo
E* is fighting TiVo

There is a "do not sue" agreement between TiVo and D*

There are many active D* TiVo's in use. Currently, D* is converting MPEG-2 and MPEG-4 which many TiVos will have a problem with. TiVo and D* is working to update the software in those active TiVo's.

Look at TiVo quarterly reports they are losing subs fast from DIRECTV. Yes TiVo and DIRECTV have an agreement, but all it appears to be doing is stopping TiVo from suing DIRECTV while DIRECTV changes the TiVo boxes out. If DIRECTV is removing TiVos from the field and replacing them with boxes that do not pay TiVo royalties how is this "working with TiVo"? DIRECTV used to be TiVo's biggest supplier of subs, now it is the biggest remover of subs.
 
Look at TiVo quarterly reports they are losing subs fast from DIRECTV. Yes TiVo and DIRECTV have an agreement, but all it appears to be doing is stopping TiVo from suing DIRECTV while DIRECTV changes the TiVo boxes out. If DIRECTV is removing TiVos from the field and replacing them with boxes that do not pay TiVo royalties how is this "working with TiVo"? DIRECTV used to be TiVo's biggest supplier of subs, now it is the biggest remover of subs.

Working with...

DirecTV isn't swapping out TiVo for their DVRs. DirecTV could swap out the TiVos but instead is working with TiVo to upgrade the software.

Seems to me that DirecTV is helping TiVo keep their D* subs.

DirecTV is not offering new TiVo subs currently - but playing nice could lead to a DirecTV TiVo in the future.

It's better these two be friendly than fight.
 
Working with...

DirecTV isn't swapping out TiVo for their DVRs. DirecTV could swap out the TiVos but instead is working with TiVo to upgrade the software.

Seems to me that DirecTV is helping TiVo keep their D* subs.

DirecTV is not offering new TiVo subs currently - but playing nice could lead to a DirecTV TiVo in the future.

It's better these two be friendly than fight.

This is not accurate, DirecTV IS swapping HR 10-250 Tivo Based DVR's for HR-2x DirecTV Plus HD DVRs. The Tivo software updates being rolled out do not have anything at all to do with MPEG4, it is an update to enable web scheduling from the Tivo boxes. There is NO software that can make the Tivo HR10 decode MPEG4, there never will be either. Almost forgot the other little problem with the HR10 and HD from DirecTV, no KA capabilities.

Liberty does own a stake in Tivo, so the possibility for them to work with DirecTV again is there but nothing can save the old Tivo DVRs from extinction.
 
So this helps to explain the go backs, warranties, and backcharges placed on good techs, when all along software engineers were rushing new and untested updates to dvrs to beat tivo lawsuits....... E* reports poor quality installations are the issue....
What are you talking about ?
 
That only applies in the case of a hostile takeover. TiVo is dying and has little to no hope of coming back so they won't hesitate to take a buyout.
The poison pill applies to anyone interested in more than a 15% of the outstanding shares.
 
I wondered how a software patch could fix the MPEG issue.
MPEG4 decoding could not be done in software given the available processing power.

It is important to note that half of the active TiVos are DirecTiVos.

Between lifetime subscriptions and the limited revenues from DIRECTV customers, TiVo is only getting active cash flow from 1.1 million units and whatever advertising revenues they're grabbing.
 
I wish E* would show some corporate ethics and settle this. Tivo has won and will continue to win, Dish will only drag it out and lose

You have to understand, much of this is because of E*'s law firm; however, they obviously have been given the "go ahead" by Charlie. Some time back the Rocky Mountain News (Denver, CO) business section ran a multi-page story about E*'s legal team and how they are regarded by judges and legal professionals; not well. Most judges who have had to deal with them hope they never see them in their court again. Lawyers who have had to opppose them consider them unethical grandstanders, IOWs, the classic stereotype of the bad side of the legal profession. While they may be the guys to have on your side if you want to sue your neighbor for his barking dog or loud parties, they aren't the kind of people from whom you would buy a used car. Basically, they are the guys for whom all those nasty lawyer jokes were created.
 
You've been told over and over. This so-called "poison pill" just makes it more expensive, NOT impossible. Charlie could still do it if he wanted.
Some interesting info on Tivo's poison pill. TiVo's New Stock Underwriting Plan is Putting the Squeeze on Investors - Seeking Alpha
Being a TiVo owner is easy, but being a TiVo stock owner that’s a different story. When I first bought TiVo, I was down 25% after one week. I guess I should have panicked, but I saw a lot of potential for the company and I knew that my exit strategy was at least a decade away, so I did what any rational compulsive gambler investor would do and I doubled down. Since then their stock has been a roller coaster, but I’ve remained a longterm believer in the future of TiVo, but it hasn’t been without some misgivings. Whether it was the schizophrenic behavior over their rebates or the habit of giving stock to every partner, TiVo made a lot mistakes along the way and Wall St. hasn’t always agreed with them. One thing Wall St. really hasn’t liked was the implementation of a shareholders “rights” plan. This plan prevents any company from buying more then 15% of TiVo’s stock, before triggering a poison pill and having to spend insane amounts of money to complete a buy out of TiVo. At the time, TiVo implemented it because their market cap had been hammered and they wanted to protect themselves “long term investors” from a hostile takeover.
At the time, it would have been easy for a Comcast (CMCSA), NBC or Yahoo (YHOO) to come in and takeover TiVo, but with the plan in place, it bought TiVo ten years of protection to prove that their business model could work. While this was a good move for TiVo in that it ensured their independence going forward, the problem for shareholders was that it froze TiVo’s market cap by removing the potential for a business to come in and buyout the company. Businesses no longer had a reason to invest in TiVo because without control, companies weren’t willing to trust TiVo with their money.
While I can understand the rationale for the poison pill, it’s existence has served to suppress the value of TiVo’s stock. In a world where Youtube goes for $1 billion blogosphere dollars and where Facebook turns down a $750 million buyout offer, I find it hard to believe that TiVo is only worth $680 million with $700 million in tax write offs as an acquisition candidate. While the rights plan doesn’t bother me, TiVo issuing new shares does raise the question of if TiVo is really overvalued, then what is the purpose of the shareholders rights program and if TiVo is undervalued, then why are they issuing shares at these prices to begin with? By issuing the shares, TiVo is forcing shareholders into a suicide squeeze play by forcing them the choose between selling at a poison pill depressed price or having to dilute their stock by almost 10% if they choose to stay on as longer term investors.
Actual wording of poison pill provision. TIVO INC - TIVO Unscheduled Material Events (8-K/A) EXHIBIT 99.1
 

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