Appeals Court Finds Echostar in Contempt in TIVO Case

The number of customers he stands to lose because of DVR addiction is substantially larger than those who were getting distant networks.

I guess AAD could sell authorization of DVR functions too if Dish is prohibited from it? :D
 
Is there any post/blog/site/etc. that spells out which receivers are and are not affected? I have a VIP 622, so, form what I read here, I'm good to go.

But I've a friend who is a Tivo fanboy, and sends me e-mail every single time this case comes up, especially if E* loses a round... I keep telling him that only certain DVRs are affected, but he's still on about it all the time...

Just tryin' to get him off my back...

THanks a bunch!
 
Honestly. I don't see this as a huge deal for E*, the market responded the way it did because it was a bigger victory for TiVo than it was for a loss to E*. The money had already been set aside and alot of people knew E* was going to lose anyway. Charlie was just buying time to come out with a work around. The big beginning of the end stories for E* are based off of the sky is falling critics. TiVo has a good product, no doubt about it but I'm confused on the message it is sending out about the state of their company when they are showing that their MO now is suing... ALOT of people. It is like a sign of desperation. Going after one or two is one thing.. Going against EVERYONE isolates you. If you have that much time to spend in court, you should spend some of that time introducing new items to market. The only people that are going to win in this is the lawyers. E* won't buy TiVo now when the price is sky high, if anything, they will wait until TiVo loses a few cases and it's back to reality. It would be ridiculous for Charlie who I think was a gambler to buy the competition out at it's highest point. The last thing Charlie wants to do is pay licensing fees, but he will do that before he starts losing customers because of DVR capability. Dish has come too far in the past year with the customer turn around to let this be the end all. My opinion is TiVo will be bought out within 10 years by someone. Too many companies are now looking for ways to avoid using their functionality and they are increasing isolating themselves in the market.<shrug> Could be wrong though. E* should have bought TiVo way back when and all of this could have been avoided. Lesson learned.
 
Based on this I woudn't be surprised if Tivo started suing some of the others. However, Directv won't be one of them since Tivo and Directv have a signed agreement that among other things, says that the two companies won't sue each other. Not to mention a new Directv Tivo is "supposed" to be coming at some point. So I doubt Tivo would try to sue somebody who is going to be giving them licensing fees.

The DirectTV/tivo agreement is irrelevant now anyway, since DriecTV bought ReplayTV. (You know the actual INVENTORS of the DVR) It's too bad Charlie didn't buy them when they were up for sale. Then he could have told tivo to go pound sand.
 
A licencing agreement will be good for dish and tivo, But makes me wonder if we could see any tivo features implemented soon or see a dish network tivo come out within the next few years.

Oh dear lord no. I have a nice, stable DVR with streamlined software that's intuitive and easy to use. The last thing I need is for it to be infected with tivo so I can have a slow, clunky DVR with an illogical interface that makes circus noises. :rant:
 
Isn't apple great for not making two versions of the iphone...one with a slideout keyboard and one without ;) I don't see how you guys do it.
Hey, for me, the lack of a physical keyboard is a plus... try customizing or using different layouts with yours. :)
 
Noises

Oh dear lord no. I have a nice, stable DVR with streamlined software that's intuitive and easy to use. The last thing I need is for it to be infected with tivo so I can have a slow, clunky DVR with an illogical interface that makes circus noises. :rant:

The "Circus Noises" are about the only thing I liked about Tivo.
 
The 922 is safe as are the rest of the VIP line. Someines trying to spead fear again to try driving people to fios again I see.

Interesting that the fulltimers at Multichannel News as well as the stock analyst that have hundreds of millions - if not billions - riding on it don't see it that way.

Analyst: Dish May Have To Shut Down 8M DVRs After TiVo Legal Loss

Satellite TV Operator May Lose Ability to Offer DVR, Says Sanford Bernstein's Moffett

Todd Spangler -- Multichannel News, 3/4/2010 1:57:26 PM





Dish Network may be forced to disable as many as 8 million of its DVRs within a month, after the satellite TV operator lost an appeals court decision Thursday in its years-long battle with TiVo. Moreover, Dish could even lose the ability to offer a DVR altogether, according to Sanford Bernstein analyst Craig Moffett.
The U.S. Court of Appeals for the Federal Circuit upheld a lower court's contempt ruling against Dish and EchoStar, under which the companies would pay at least $300 million to TiVo.
Following the announcement of the ruling shortly before 12 noon (ET), TiVo's stock price soared more than 50% to around $15.82 per share while Dish shares dropped 6%, to around $20.41 per share.

250756-Dish_DVR.jpg
Dish DVRDish said it plans to appeal the decision with the full Federal Circuit and said DVR subscribers are currently not affected by the court ruling. The operator also said it will propose a new workaround that does not infringe TiVo's "Time Warp" patent.​

The implications of the appeals court ruling for Dish Network "are enormous, and go far, far beyond the retrospective licensing fees and damages that will now be payable to TiVo," Moffett wrote in a research note. "What is at stake is nothing less than their ability to continue to offer DVRs. And without DVRs... well, you can fill in the blank here, but it wouldn't be pretty."
TiVo now has tremendous leverage to negotiate a settlement with Dish, which will likely be even higher than previous proposed licensing fees of up to $2.25 per month per subscriber, according to Moffett. Each $1 per subscriber per month would cut Dish's earnings before interest, taxes, depreciation and amortization by $96 million per year, he estimated.
In the worst-case scenario, Dish's loss in the case could give TiVo an opening to negotiate an exclusive distribution deal with DirecTV in the satellite space. In 2008, TiVo struck a new deal with DirecTV under which the DVR maker is developing an HD DVR as an option for DirecTV subscribers.
"f one assumed that Dish Network would no longer be a viable competitor without a DVR offering - not an entirely unreasonable proposition - then DirecTV's gain from exclusivity would be nothing less than all current and future satellite subscribers," Moffett said. "Alternatively, DirecTV could merely threaten such an outcome... and thereby radically increase the urgency of settlement for Dish Network, forcing Dish to pay significantly more for any settlement. Higher licensing fees for Dish would create a significant price umbrella for DirecTV."
In any case, Dish's delays in the case appear to have run their course, Moffett said, noting that "given the five-year history of Dish losses in the case, one can assume that Judge Folsom's patience has long since worn thin," referring to the judge presiding over the case in the U.S District Court for the Eastern District of Texas.
 
Charlie needs to go ahead and BUY Tivo. I don't care about the poison pill option, I get reminded of every time I say this. The way he is fighting TIVO is costing him much more in the long run , than just buying the damn company. I mean every time Tivo wins , that is more money they can use to fight Charlie in court , with his own damn $$$.

Either buy it or pay to license the software. Lord knows that we have all paid enough in dvr fees over the years , to more than pay for the licensing deal. His own equipment fee structure even includes combined nonsensical fees that would pay for the deal as well.

Charlie, it takes a big man to admit he is wrong and to just cut your losses. BE THAT MAN FOR ONCE.
 
The following was sent overnight to DISH Network retailers.

We are disappointed in the Federal Circuit's split decision, but are pleased that Judge Rader agreed with our position.
Therefore, we will be seeking en banc review by the full Federal Circuit. We also will be proposing a new design-around
to the district court for approval.

Please don't necessarily believe what our competitors may be saying to you about the decision. Our competitors have
made inaccurate representations in the past and may do so again now. At this time, our DVR customers are not
impacted, and you can continue selling and servicing DVRs for new and existing customers.
 
Tivo's new boxes

Just found this. Still too much reliance on service subscription business model, which is the only thing that make these boxes "semi" interesting.

Who's catching up to who?

A few "stretches" in their stats as well.

No mention about Direct's upcoming box.

http://www.msnbc.msn.com/id/35685690
 
why they charge $95

Might be getting the money (in part) from the $95 they want to charge to upgrade THEIR equipment that I am LEASING! :) ahaha not me. I'm having Time Warner installed tomorrow!

Dish used to be such a good company. Charlie has lost sight of customer service.
 

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