You can say whatever you want, but the idea of recording one show while watch another or watch a show paused WAS TIVO'S IDEA and was patented. It might seem second nature now but back then, it was a unique concept and that's what made it patentable. You can't come back 3 years later and say it is common now, so the patent doesnt apply
There were three separate and distinct DVR products introduced at the 1999 Consumer Electronics Show. The Tivo, ReplayTV, and a product from Dish Network called the DishPlayer 7100 (a Microsoft WebTV based recorder).
Tivo does not have the patent on DVR functionality either. They patented their way of accomplishing it, and they sued Dish Network because they felt that Dish was infringing on that patent, not the broader concept of DVR-ing in general.
"In 1985, an employee of Honeywell's Physical Sciences Center, David Rafner, first described a drive-based DVR designed for home TV recording, time-slipping, and commercial skipping. U.S. Patent 4,972,396 focused on a multi-channel design to allow simultaneous independent recording and playback. Broadly anticipating future DVR developments, it describes possible applications such as streaming compression, editing, captioning, multi-channel security monitoring, military sensor platforms, and remotely piloted vehicles."
So, it was hardly "Tivo's idea".
