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Last reply · posted in DISH Network Support Forum
This thread is solely for discussion of the granting of the stay pending the resolution of the appeal. It is not intended to be, nor will it be, a full discussion of all aspects of the litigation, the patent system, and etc. Given the past history of the Tivo vs. Echostar thread(s), we will take steps to ensure that the discussion remains on topic. If you cannot abide by those rules, do not post in this thread. Thank you.

Press release issued by DISH / ECHO today:

DISH Network and EchoStar Statement Regarding Tivo
ENGLEWOOD, Colo., July 1, 2009 /PRNewswire-FirstCall via COMTEX News Network/ -- DISH Network Corporation (Nasdaq: DISH) and EchoStar Corporation (Nasdaq: SATS) issued the following statement regarding today's ruling in EchoStar Communications Corporation vs. Tivo:
We are pleased that the Federal Circuit has blocked the district court's injunction pending our appeal. The Federal Circuit found that EchoStar "met its burden of demonstrating the requisites for a stay," including, at a minimum, that we have a substantial case on the merits. As a result of the stay, our customers can continue using their DISH DVRs.

Any thoughts on what this means? Chance that the contempt ruling gets overturned?
51 Replies · 7744 views
DodgerKing
This is just a ruling on the "stay", correct? It as nothing to do with the appeal of the decision of the original case, correct?
rockymtnhigh
This is just a ruling on the "stay", correct? It as nothing to do with the appeal of the decision of the original case, correct?

YES, just a ruling on the stay - the stay is in place pending the appeal. It is definitely good for Echostar's case, but ultimately its the actual decision that matters.
vampz26
This is just a ruling on the "stay", correct? It as nothing to do with the appeal of the decision of the original case, correct?

it means the courts are at least being fair about the whole thing for once...and not just allowing Tivo to commit acts of extortion at will...

I'm sure the Tivo 'supporters' will whine for reasons I may never quite understand...but this is the best decision under the circumstances...
vurbano
it means the courts are at least being fair about the whole thing for once...and not just allowing Tivo to commit acts of extortion at will...

I'm sure the Tivo 'supporters' will whine for reasons I may never quite understand...but this is the best decision under the circumstances...
I don't understand they stay allowing Dish to keep stealing from Tivo in the first place.
riffjim4069
I don't understand they stay allowing Dish to keep stealing from Tivo in the first place.
Well...they're not technically stealing since the court will award additional damanges to Tivo. Although I was never a big fan of the Tivo patents the Judge, Jury, Courts, and USPTO have ruled and opined on this matter. Like it or not, Dish Network is a patent infringer and now they are a willful court order violator. I fully supported Dish Network litigating this matter in the courts and challenging the Tivo's patents in front of the PTO. However, this war was fought and won, and it's my opinion that E* should step-up and do the right thing - license Tivo IP.

Anyway, I am glad the courts decided to extend the stay during the appeal (it was the prudent thing to do)...and I am glad this case is on the fast-track as they try to place it on the November docket. Unless E* and Tivo reach a settlement this summer, there is nothing new to post until the appeals court begins reviewing this case later in the year.

I am officially taking an extended vacation from discussion Tivo versus EchoStar and EchoStar versus Tivo. Time to work on my pleasant demeanor and relaxed attitude over the summer months. :angel:
J
...Unless E* and Tivo reach a settlement this summer, there is nothing new to post until the appeals court begins reviewing this case later in the year...

Plenty of other things can and will happen.

For one thing, before Judge Folsom is the status conference on additional sanctions, though it will be interesting to see how it will proceed given the appeals court stay order.
Skyhi
YES, just a ruling on the stay - the stay is in place pending the appeal. It is definitely good for Echostar's case, but ultimately its the actual decision that matters.

Now it appears the appeals court three-judge panel had considered E*'s appeal having strong likelihood of success on merits, which was the reason E* got the stay.

I recall you said several times E*'s chance for settlement had long passed.

I have to strongly disagree with both of you. The stay means nothing (good or bad) to E*'s appeal. If it wasn't granted, E* would be irreparably harmed notwithstanding the result of the appeal. The court granted the stay as a procedural "insurance" policy in favor of E*.
J
I have to strongly disagree with both of you. The stay means nothing (good or bad) to E*'s appeal. If it wasn't granted, E* would be irreparably harmed notwithstanding the result of the appeal. The court granted the stay as a procedural "insurance" policy in favor of E*.

I have to strongly disagree too:)

If the reaon for a stay were to avoid irreparable harm to E*, the appeals panel would have said that. Just read what they said in 2006, and how they denied the stay motion in another case I linked earlier. But here is no mentioning of any harm to E* cited as a factor, if it were a factor the decision makers would be compelled to state such.

Additionally, even if there may be "irreparable harm" to E*, the question is whether such harm factor militate in E*'s favor or not. In doing so "irreparable harm" to TiVo must also be considered. The appeals court simply did not go there, they relied on the merits.

Contempt of the court is a very serious offense, people go to jail for such offense, talk about "irreparable harm" when they go to jail. I am not saying this is the case here just to make a point. E* could easily avoid such irreparable harm by signing an agreement with TiVo. Many other companies already have such agreements with TiVo without any harm done to them. One can even argue that DirecTV benefited a great deal by its agreement with TiVo, why not E*? If there is any harm, E* brought it onto themselves.
Skyhi
I have to strongly disagree too:)

If the reaon for a stay were to avoid irreparable harm to E*, the appeals panel would have said that. Just read what they said in 2006, and how they denied the stay motion in another case I linked earlier. But here is no mentioning of any harm to E* cited as a factor, if it were a factor the decision makers would be compelled to state such.

Additionally, even if there may be "irreparable harm" to E*, the question is whether such harm factor militate in E*'s favor or not. In doing so "irreparable harm" to TiVo must also be considered. The appeals court simply did not go there, they relied on the merits.

Contempt of the court is a very serious offense, people go to jail for such offense, talk about "irreparable harm" when they go to jail. I am not saying this is the case here just to make a point. E* could easily avoid such irreparable harm by signing an agreement with TiVo. Many other companies already have such agreements with TiVo without any harm done to them. One can even argue that DirecTV benefitted a great deal by its agreement with TiVo, why not E*? If there is any harm, E* brought it onto themselves.

I respectfully disagree. :) :) I stand by my story that this was merely a procedural courtesy (to E* and its customers) regardless of what the court stated. It's not an uncommon for an appellate court to take this sort of action.....we'll agree to disagree.
cmcnabb
Just opining here, but it could be that the appellate court is looking at the Bilski ruling, and based on that might just might overturn the original ruling in full. For those who do not know, Bilski basically stated that software patents do not exist unless the software is tied to a particular machine. Like the *original* Supreme Court ruling that established software patents, Bilski basically said that the software must be an integral part of the machine, not something that can run on a general purpose computer. Since Tivo's and Dish's DVR's are both essentially general purpose computers, the appeals court may be taking a long hard look at Bilski. Just my two cents.
Thomas22
and based on that might just might overturn the original ruling in full.
The original ruling cannot be overturned.
vurbano
I respectfully disagree. :) :) I stand by my story that this was merely a procedural courtesy (to E* and its customers) regardless of what the court stated. It's not an uncommon for an appellate court to take this sort of action.....we'll agree to disagree.
I agree. I think its all due to the amount of E* customers that are going to have their DVR's ripped away from them.
vampz26
I agree. I think its all due to the amount of E* customers that are going to have their DVR's ripped away from them.

As it should be.
J
The original ruling cannot be overturned.

I think he meant the full ruling dated 6/2/09. If not then you are correct, and I will add that DVRs are not "general purpose computers."

He is absolutely correct that software and hardware are integral part of the DVRs, if the software can make the DVRs non-infringing, then the DVRs are non-infringing, despite the fact the DVRs are still the "same" DVRs.
J
Plenty of other things can and will happen.

For one thing, before Judge Folsom is the status conference on additional sanctions, though it will be interesting to see how it will proceed given the appeals court stay order.

I said the above on 7/2/09. I was thinking we might find out what E* would do on the above issue in their additional sanction response brief due on 7/13.

But today E* filed two motions ahead of the time. First they motioned Judge Folsom to suspend the scheduled additional sanction proceeding, citing the appeals court's stay of the judge's orders.

On the second motion E* asked if the judge would not automatically suspend his own proceeding, then both TiVo and E*'s briefings on the first E*'s motion to be shortened and to be completed by the end of this week.

Judge Folsom granted E*'s second motion with modification that TiVo's response is due by the end of the week, and E*'s response due by Monday next week, basically extending the time by one business day.

Next week we should know if the judge will stay his own additional sanction proceeding.
dishstaller
Pub Member / Supporter Lifetime Supporter
· posted in DISH Network Support Forum
I figured some of the guys would be looking here for an answer. You'll need to use this link

I'll mention what happened over there. I don't want to cause Scott any issues or put him in a bad spot.
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osu1991
Pub Member / Supporter
Last reply · posted in The Chit Chat Club
:mad::mad::mad::mad:

Pissed off at the crappy healthcare costs

My health Insurance renewal for 2027 just came in. Going from $827 a month to $1,187 a month. Deductible going up a $1k to $9,350. Max out of pocket also going up $1k to $11,000. Doctor co-pay of $40. Urgent Care co-pay $50. ER 50% coinsurance after deductible. That's all in network. Out of network is double, should it be needed.

Have to think about this. I'm really tempted to just go without now. I only go to the doctor once or twice a year. I pay out of pocket for Tirzepitide and can do without the Rosuvastatin (crestor) now. Really tired of spending over $10k a year and getting nothing out of it.

After years with Blue Cross I switched last year to Ambetter as my Blue Cross premium was going from $1200 to $1800 for a Silver plan and the Bronze plan was still going to be $1300 at BCBS. Ambetter was $827 for the same coverage with a Bronze plan. Didn't think it would jump this much so soon.

I'm guessing a Silver plan is probably over $2,000 a month for 2027.
9 Replies · 72 views
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b4pjoe
Pissed off at the crappy healthcare costs
Are you employed with no work insurance or that is what you are paying for your workplace insurance? Or is that through Healthcare.gov? Retired? Eligible for medicare?
vazhog
that cut is only for illegals to get off the rolls and I was being sarcastic before -
T
The 2030s will likely bring renewed health reform
osu1991
Are you employed with no work insurance or that is what you are paying for your workplace insurance? Or is that through Healthcare.gov? Retired? Eligible for medicare?
Started my own business in 2006, been self employed for 20 years this year.
meStevo
that cut is only for illegals to get off the rolls and I was being sarcastic before -

Even sarcastically it's wrong. Undocumented immigrants already weren't eligible for federal Medicaid, so there's no one to "get off the rolls." The immigrant-related pieces are a small part of the ~$1 trillion. They cut the federal match for emergency care from 90% to the state's regular rate and end eligibility for some lawful immigrants like refugees. Most of the "savings" come from work requirements, more frequent eligibility checks, and provider tax limits, which hit citizens.

Either way, the cost doesn't disappear. It shifts to states, hospitals, and everyone else's premiums and will only serve to make issues like those raised in this thread worse.
dishstaller
Undocumented immigrants already weren't eligible for federal Medicaid, so there's no one to "get off the rolls."
That's only part correct. Actually I had to look it up to make sure. There is NO Federal money going to Medicaid for illegals but there ARE some states that use State money to pay for Medicaid for illegals. Here's the list

    • California: Covers all income-eligible undocumented adults. [1, 2]
    • Colorado: Covers specific adult demographics (with upcoming budget caps in 2027). [1]
    • Illinois: Covers specific adult age brackets. [1]
    • New York: Covers specific adult demographics. [1]
    • Oregon: Covers all income-eligible undocumented adults. [1, 2]
    • Washington: Covers specific adult demographics. [1, 2]
    • Washington, D.C.: Provides adult coverage through the D.C. Health Care Alliance. [1, 2]
Scott Greczkowski
Staff member HERE TO HELP YOU! Cutting Edge
Last reply · posted in The Chit Chat Club
Sometimes a thread gets so many posts in it that is can cause issues for the server so that why today we introduce The Song Name Game Part 3!

So let the game continue!

The last song was added by Bobby who posted...

One Meat Ball - Andrews Sisters

CONTINUE ON AND HAVE FUN! WELCOME HOME TO SATELLITEGUYS.US!

Here are the original rules for the game as posted by WebbyDude back in 2006. http://www.satelliteguys.us/threads/68645-Song-Name-Game

Just name a song title and the band who performed it. The next person does the same thing, but needs to list a song title or band name which includes a word from the previous entry. Pick songs from any genre.

Example:

Long Live Rock and Roll -- Rainbow

Rainbow in the Dark -- Dio

Another example:

Ride the Lightning -- Metallica

Lightning Strikes -- Ozzy Osbourne


Get it?


An additional note: we all know that song titles, sometimes, use profane words. Because this is a family friendly website it is advised that you clean up that title up a bit. This is accomplished by using something like sh!t instead of the real word. Thanks....
68672 Replies · 2680900 views
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gms49ers
Hear Me Calling - Ten Years After
sdfntx
I Can Hear You Calling - Three Dog Night
gms49ers
Can't You Hear Me Knocking - The Rolling Stones
long_time_Dish
I Can Hear Music - The Beach Boys
dishstaller
Boom Boom ( Out Go The Lights ) - Pat Travers
dfergie
Staff member HERE TO HELP YOU!
Last reply · posted in What's Cooking?
We have a Breakfast and Dinner thread so... :)
Continuing from the Breakfast thread, found Cornbread mix so ...
Yellow Cornbread Mix
2 Hatch Green Chiles -diced
1 Egg
2/3 cup of milk
add to greased pan
Bake for 400f 20-25 minutes(From instructions)
now to put together and try... this to go with pinto beans...
5450 Replies · 336188 views
dfergie
Chili dog bowl, water… (homemade chili)
TRG
TRG
Leftover wanton soup and pork fried rice. Water.
dfergie
IMG_5955.webp

Sweet tea…
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TRG
TRG
Tuna salad sandwich on toasted honey whole wheat bread with a handful of kettle chips. Water.
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TRG
TRG
Breakfast for lunch. Crispy corned beef hash, home fries, two over easy eggs and sourdough toast.

1653.webp
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dfergie
Staff member HERE TO HELP YOU!
Last reply · posted in The Sports Section
160 Replies · 3633 views
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Foxbat
Weird F1 weekend is already over with a Saturday race.
dfergie
Tried to watch the truck race but the stage c**p is why I don't watch NASCAR anymore…
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Y
Today is the anniversary of Dan Wheldon's passing at Las Vegas in a dreadful crash that luckily didn't take more drivers' lives. I vaguely remember the crash, but I more strongly remember Paul Tracy trying to keep it together as he left the Medical Center knowing that Dan most likely wasn't going to.

The safety in these vehicles is beyond incomprehensible, especially relative to what it was 60 years ago, when dying wasn't unexpected. But it is still very dangerous. I always scoff at the prayer invocations, but never scoff at the risks these drivers take and the emergency workers out there who might need to pull short of a miracle to save a driver's life.
Tried to watch the truck race but the stage c**p is why I don't watch NASCAR anymore…
HBO Max has the live in car streaming without commercials, which provides an interesting take, but you are driving blind, knowing only what the team is telling the driver about what is happening on the track. The stages definitely ruin the NASCAR set up.
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Y
NASCAR is an abject mess, but at least it has Kyle Larson. Guy had the lead on the green/white checker, fell back to 12th or the like, kept his cool, and charged back to win with room to spare at the line. And win very cleanly!

NASCAR needs to stop racing at Talladega. Especially if they are going for elderly Sunday drives at the track! Stage racing is real stupid, but NASCAR should consider one half point a second per group gap as a bonus.
Tom Speer
Staff member Pub Member / Supporter Cutting Edge
· posted in DIRECTV General Forum
If you are a former Cuttinge Edge member who has converted to Stream, please contact me.
0 Replies · 15 views
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M
Last reply · posted in DISH Network Support Forum
Over the past few weeks, I have had problems connecting to streaming services (Netflix, HBO et al). When I go to the TV's native Channels, I have no problem. The Dish internet troubleshooter shows I have a good internet connection. I'm wondering whether it's an issue with my internet provider or a problem with the Dish software on the Hopper Plus. Anyone else seeing this?
7 Replies · 292 views
Almighty1
Over the past few weeks, I have had problems connecting to streaming services (Netflix, HBO et al). When I go to the TV's native Channels, I have no problem. The Dish internet troubleshooter shows I have a good internet connection. I'm wondering whether it's an issue with my internet provider or a problem with the Dish software on the Hopper Plus. Anyone else seeing this?
I have a DISH Hopper 3 (Software H713) with Hopper Plus (Software P15403). I have not tried streaming services but I primarily watch TVB Jadeworld international package which is only available by streaming and when I have an issue, I usually have to go to a non-streaming satellite channel first before the streaming channels will work again. What software versions do you have and what is the error message if any are showing on your screen? or is that Dish downloading logo just stuck and never finishes?
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M
I have a DISH Hopper 3 (Software H713) with Hopper Plus (Software P15403). I have not tried streaming services but I primarily watch TVB Jadeworld international package which is only available by streaming and when I have an issue, I usually have to go to a non-streaming satellite channel first before the streaming channels will work again. What software versions do you have and what is the error message if any are showing on your screen? or is that Dish downloading logo just stuck and never finishes?
I'm on H713 on the Hopper and P15403 on the Hopper Plus. It shows internet connection issues and doesn't finish loading the various services. I see the "loading circle going around. Sometimes I get a message saying that the service is having trouble loading my content and to check the internet connection.
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Almighty1
I'm on H713 on the Hopper and P15403 on the Hopper Plus. It shows internet connection issues and doesn't finish loading the various services. I see the "loading circle going around. Sometimes I get a message saying that the service is having trouble loading my content and to check the internet connection.
Did it ever work correctly before? Hard to say what the problem is. Usually for streaming, it will show the Dish logo with lines sweeping down to show downloading, never seen the circle issue. Did you try a manual reboot, red button reset, power cord unplug/replug to see if it makes a difference.
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S
Did it ever work correctly before? Hard to say what the problem is. Usually for streaming, it will show the Dish logo with lines sweeping down to show downloading, never seen the circle issue. Did you try a manual reboot, red button reset, power cord unplug/replug to see if it makes a difference.
Might be worth just to ditch the hopper plus. No issues here on h713
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S
Over the past few weeks, I have had problems connecting to streaming services (Netflix, HBO et al). When I go to the TV's native Channels, I have no problem. The Dish internet troubleshooter shows I have a good internet connection. I'm wondering whether it's an issue with my internet provider or a problem with the Dish software on the Hopper Plus. Anyone else seeing this?
Buy a roku and dump the hopper plus you'll be better off. If you have a smart tv you don't need either one. No hopper plus here and no issues!!!
Almighty1
Might be worth just to ditch the hopper plus. No issues here on h713
I have a Hopper Plus and no issues either. charlesrshell has both a Hopper 3 with Hopper Plus and one without, he doesn't have the same issue. Before blaming it on the Hopper Plus, he should see if the problem still exists without the Hopper Plus connected as it could be the Internet connection itself or some setting in the router itself. There is someone in another thread who has EHD issues on the Hopper 3 only setup but does not have the EHD issues on the Hopper 3 with Hopper Plus and he has already tried swapping the EHD and it did not make a difference so like the saying, YMMV.
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Almighty1
Buy a roku and dump the hopper plus you'll be better off. If you have a smart tv you don't need either one. No hopper plus here and no issues!!!
The Roku costs $$$, Hopper Plus is free. That may not be the only costs as it depends if the TV in question still has available HDMI ports and if not, it will require a HDMI switch and HDMI cable which adds more to the cost.

I have a LG 3D OLED Smart TV and I still need either of them because it does not have Android TV built in. Add a Hopper Plus and see if you actually have issues or not as until you actually tried it, it means nothing.
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dishstaller
Pub Member / Supporter Lifetime Supporter
Last reply · posted in The Chit Chat Club
This should hit a lot of folks with a dose of reality. I can only imagine how much more common this will get as AI progresses.

I read several stories on this and most are clear as mud. They say a lot of the stolen bitcoin has been "locked out" and that everyone will be made financially whole. I guess time will tell if either of these statements are actually true.

5 Replies · 64 views
harshness
They say a lot of the stolen bitcoin has been "locked out" and that everyone will be made financially whole.
The "Secure Asset Fund" had about $1 billion in reserves... in Bitcoin.

The fund started in 2018, so it may take a while to make investors whole, much less replenish the fund.
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dishstaller
The "Secure Asset Fund" had about $1 billion in reserves... in Bitcoin.

The fund started in 2018, so it may take a while to make investors whole, much less replenish the fund.
That's kinda what I was seeing but all the news reports are suggesting that all investors will be made whole immediately.
The other thing they weren't clear about was the BTC that was "locked out" of the system. I guess that means that the stolen BTC is basically worthless now because I don't see how it could be replaced....but there is a LOT about the crypto world that leaves me scratching my head.
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harshness
This is what scares me about cryptocurrency: there doesn't seem to be any oversight.

It seems more like politics than investing.
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meStevo
A few clarifications... the ~$3B "locked" was mostly stablecoins (USDT/USDC). Tether and Circle can blacklist their own tokens, which makes those worthless to the thief. Bitcoin and ETH have no issuer, so they can't be frozen. That's the ~$2.4–3.3B the hackers still have, so the stolen BTC is very much not worthless to them. It was also spread across 10 blockchains, not just bitcoin. On getting made whole: SAFU is ~15,000 BTC (~$1.2B), and Binance says it'll cover the rest from company funds. Analysts don't see it as a solvency problem, and withdrawals are expected back within days.

The attack was pinned on North Korea's TraderTraitor group via a compromised engineer laptop. Like many hacks and compromises, that's old-school social engineering, not AI.

This is what scares me about cryptocurrency: there doesn't seem to be any oversight.

It seems more like politics than investing.

That's the tradeoff stablecoins make - a central issuer that can freeze funds, which is why half the loot got stopped. Bitcoin and ETH have no one in charge, so nobody can reverse a theft, but nobody can freeze your coins either. Stablecoins trade price volatility for trusting a central issuer.
dishstaller
That's the tradeoff stablecoins make - a central issuer that can freeze funds, which is why half the loot got stopped. Bitcoin and ETH have no one in charge, so nobody can reverse a theft, but nobody can freeze your coins either. Stablecoins trade price volatility for trusting a central issuer.
Thanks....that fills in some of the missing pieces.
Why some of the money could be locked and the rest not was a gigantic hole is every story I read. I thought "well if they can lock up stolen BTC, then why couldn't they do the same thing to BTC that is used for ransom or some other illegal activity?". NOW I understand.
I miss the days when you could read a news story and now walk away with more questions than answers.