vampz26 said:
I'm afraid your only looking at it from one angle...while your scenario is just as viable as any other...the legal aspect is only one-third of the story here. ITs very possible that Dish is attempting to litigate the whole thing into financial oblivion. I don't know how many IP trials you've personally seen in your time, but I've seen more than one get settled in the accounting room, as opposed to the courtroom.
Almost all deals are settled in the accounting room, whether spending a little or a lot of time in court. So of course DISH/SATS is attempting to litigate this into financial oblivion.
vampz26 said:
Not to mention the fact that delaying any possible outcome works to Dish's advantage not only financially, but in all practicality as well. Plenty of time to design their 'work around', for whatever thats worth. All things considered, the fact that Dish's work-around is even being considered viable, compiled with all the info regarding replay,etc...and than compile that with the fact that E* has sufficiently advanced the technology while TiVo stayed put, and you have a situation here where the question of a valid patent can be brought into a serious light.
To design another workaround?
I personally believe the workaround is being evaluated for one reason and one reason alone (so keep in mind this is my opinion):
The models of DVR's found infringing are still under jurisdiction of the court. Therefore, the order to disable still stands, to this day. However, since Judge Folsom has to rule on contempt, the order which he issues must reflect the current status of infringement.
My belief is that DISH/SATS is in contempt, simply because the order to disable has been ignored. Judge Folsom can rectify that by granting contempt and issuing a new order to disable. However, issuing another order to disable infringing devices means those devices must still infringe. Therefore, an evaluation of those devices is required before issuing another order.
As far as advancing technology, it isn't like changing from MPEG2 to MPEG4 or adding a few tuners is a novel techological change. That is simply adding a new chipset or a couple of tuners, and tweaking the software to allow those changes.
vampz26 said:
One should not assume TiVo or E* has the upper-hand here...this is a whole new ballgame...one that could very well prove that the verdict of a court proves absolutely nothing...(in some ways it already has...)
True. I simply believe DISH/SATS has a way to get out if they no longer infringe. If those devices still infringe, then this will be very ugly.