Court ruling today in TiVo case.

Scott Greczkowski

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I would guess there are more out there than you might expect. Those of us on SG are more likey to upgrade to the latest and greatest technology than the average customer. Most of them probably don't even know there is a latest and greatest...
No DISH has been doing a lot of upgrades and moving of people to the Eastern Arc. A lot of receivers have already been replaced.

Its basically the 50x series now that left out there.
 

eddie willers

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A further reading shows that Dish won the infringement ruling on one small but significant point: that a contempt proceeding could not decide that PID filtering was "parsing" when that point was not established at trial.

They could have one both counts if they raised earlier objections about the ambiguity and breath of the disablement provision (especially the breadth part).


Anyway, I would not be surprised to see certiorari granted.
The dissenting opinion (joined by the Chief Judge and three others for a total of five of the twelve) was extraordinarily strong and was better annotated than the majority. They raked the majority over the coals and, in the nicest way, accused them of being flip-flopping, pusillanimous dunderheads.

No fat lady singing yet.
 

Scott Greczkowski

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One of the analysts is sure to ask about the number of boxes , etc at the quarterly financial call. Do we have a date for that event?
I believe May 2nd. However DISH does not need to disclose the numbers on the call as it has nothing to do with the 1st quarter earnings.
 

nelson61

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Okay, stupid question. If this only affects MPEG-2 DVRs, why not just let them be disabled? That way everyone gets an MPEG-4 DVR and Dish would be one step closer to converting Western Arc to full MPEG-4. Or does Dish not have enough MPEG-4 DVRs in stock to cover all of those who are affected?

I remember Charlie mentioning ( a couple of years ago) that, suprising to him, they still had first generation boxes out there from when they first started business. Apparantly, it is hard to get some to call in for replacements.
 

Scott Greczkowski

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True, but they do have a duty to inform investors of risk and exposure, if they know how to quantify it, no matter when it occurs.
Charlie will just say that its not an issue and they have a plan in effect to take care of the issue... I dont think he will give hard numbers.
 

Scott Greczkowski

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i'll start the count.

I have one.

so the count is: 1

count-von-count-sesame-street.jpg
1! 1 DISH DVR!
 

Anony55

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Since most people lease receivers anyway, it should be fairly easy to remedy the situation if he doesn't get the stay. Of course, that assumes he has enough inventory. If he does, it would just be a matter of paying some overtime to get it done.

It would still be a massive undertaking, and I'm sure there would be issues that are unknown to me. But I believe it would be within the abilities of Dish to get it done. Of course, if they do get the stay... it would be just that much easier.

To the end user, it really doesn't matter who's right in the lawsuit. All that matters to them is what the solution will be.

Cheers
 

mattoid

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3.....hahahaha

I also got mine from the 721 swap, fought with dish tooth and nail and got it changed to 'purchased'
somehow I think I'll have to fight again if they smoke the 625...
 

bigwillieb

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Since most people lease receivers anyway, it should be fairly easy to remedy the situation if he doesn't get the stay. Of course, that assumes he has enough inventory. If he does, it would just be a matter of paying some overtime to get it done.

It would still be a massive undertaking, and I'm sure there would be issues that are unknown to me. But I believe it would be within the abilities of Dish to get it done. Of course, if they do get the stay... it would be just that much easier.

It would be a mess, because it is not as easy as switching the boxes out, most needs a upgrade from a DISH 500 to a 1000.4 DISH, plus maybe some rewiring done too. So, that can be a massive undertaking. Does DISH have enough of the 1000.4 DISH's, to upgrade all custs that have DISH 500's? I would think they would get as many as they can to switch and then turn off the DVR's and see who calls in, I know alot of cust's have DVRs like a 522 or 625 and dont even know that it's a DVR. I get the question on the phone all the time, why I am paying for a DVR fee, whats a DVR, I dont have one, you all just added it to my bill will out telling me. So, I think a share of people wont care if the DVR is taken off their receivers.
 

KAB

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It would be a mess, because it is not as easy as switching the boxes out, most needs a upgrade from a DISH 500 to a 1000.4 DISH,

Not at all. Existing Dishes will work as always. Only if the customer upgrades to HD will there need to be a new dish.
 

Voyager6

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In the continuing saga Tivo vs E*, both sides won a partial victory. This continues the pattern with the appeals courts. So far, neither side can get the knock out for a total win. The dissent part of the ruling is very interesting. The dissenting judges point out that E* was not prohibited in the injuction from changing the software to make the DVR's non-infringing. This argument might get the Supreme Court's interest.
 

nelson61

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bigwillieb said:
---, I know alot of cust's have DVRs like a 522 or 625 and dont even know that it's a DVR. I get the question on the phone all the time, why I am paying for a DVR fee, whats a DVR, I dont have one, you all just added it to my bill will out telling me. So, I think a share of people wont care if the DVR is taken off their receivers.

Spooky! I was having coffee with a friend just last week and was talking about recording. He said " say what?". He has had two Dish DVR's for years and did not know that he could record with them.
 

bigwillieb

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Not at all. Existing Dishes will work as always. Only if the customer upgrades to HD will there need to be a new dish.

Ya, but every time we try to add a VIP receiver on a account with a DISH 500, the system prompts for a upgrade to the 1000.4 DISH and creates a work order for one. There are ways around that, but then at that point every time you change programing or something on the account, you would have to do the work around. It makes more sense to me to go ahead and update all dishes to a 1000.4 DISH, that is happening right now. Someone installs all 311's or 322's they still get a 1000.4 DISH. B/c once they go to HD, all DISH has to do is send them a HD Box with out a tech visit much cheaper, in the long run.
 

mike123abc

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I sense another few hundred million in damages payments being awarded and more appeals in store...

5 more years til the patents expire? They may expire before the lawsuits are finished...
 

TheForce

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There is a side story to all this that I discovered a couple years ago. While most if not all here are only focused on the technical aspects of the patent suit, I began to look at the money, as they say follow the money. With all that has happened there is some very interesting funny business going on among TIVO insiders WRT stock purchase plans inside of TIVO and the huge amount of personal profits being manipulated as a result of this suit and it's suspicious rulings. It's the kind of story we saw in other companies that eventually folded like Worldcom. All one needs to do is pull the SEC filings of insider trading and place them on a timeline over the past several years and then place the court rulings on that timeline to see something very suspicious events. I wonder if Charlie is well aware of this and is the main reason he will not negotiate to buy the company.

Disclosure- Although I have owned both Dish and TIVO in the past I have sold off all positions now for several months. I have not followed TIVO insider trading SEC filings since last year.
 

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