Updated: Court blocks Permanent Injuction ordering DISH DVRs disabled
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Somethings yes, other things (like the Lifetime issue) no. Similarly, if Charlie had just played by the rules and not illegally provided customer with distant networks they were not entitled to receive, then the courts would not be pulling the plug on more than 600,000 customers who legally receive DNS. Additionally, the penaties for "willful" copyright infringement are huge! Here a couple of facts you may wish to consider involving your glowing assessment:foghorn2 said:
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"We have found no indication that EchoStar was ever interested in complying with the [SHVA]," the court said in a unanimous opinion. "EchoStar has disregarded the limitations of its statutory license and sought to avoid its obligations under the [SHVA] at every turn." Are you sure he is "Playing Hardball and Standing up for Principal" or merely Breaking the Law?
"It's going to cost EchoStar money -- a lot of money," Schaeffler predicted. So much for those lower bills!
http://news.yahoo.com/s/ap/20060818/ap_on_hi_te/tivo_echostar_3
Order to shut down DISH DVRs blocked
Order to shut down DISH DVRs blocked
Scott Greczkowski said:I guess it dont matter anymore, nothing will be happening to anyones DVR's in the next 30 days.
From here it may be YEARS before we hear anything again about this.
30 days or YEARS you can be certain the legal costs of this decision will be passed on to the customer. If the decision is upheld (which is a real possibility) DISH is doomed. In any event this action is going to have a serious impact on Dish's ability to compete for new customers until this is settled, and that translates into additional revenue loss. The pressure is on DISH to find a way to settle, and TIVO holds all the cards. DISH loses regardless if the court decides or they settle.
In the meantime stock will plunge and company worth will drop (not a good thing) while costs go up and customer base stagnates or falls. Do the math and be prepared to pay for this disaster if you are a DISH customer. Increased cost to the customer will result in more defections and the competition will seize this opportunity to offer more incentives to jump from DISH (and the beat goes on).
I don't think any of the attorneys or execs involved in this are posting to this forum so all the comments by anyone (including me) in this forum about how this will be settled or how it will all play out is nothing but pure speculation and wishfull optimism. But logic dictates DISH will suffer greatly for both the short and long term regardless.
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I personally think that Tivos patent will be thrown out making the entire thing a dead case.
Remember Dish is also suing TIVO and that has not gone to court yet.
Remember Dish is also suing TIVO and that has not gone to court yet.
riffjim4069 said:Patent Law in this country goes back to 1790.
Patent law may go back, but the current stupid application of it is an artifact of the modern computer age.
"A patent to watch one show while recording another. Yeah, that's a unique and novel idea."
NOT! This is entirely logical and should not have a patent at all.
But our current system is broke and rewards those who file first, not those who truly innovate.
Brad
andrews777;
You got it a ass backwards. The US patent system is a "first to invent" system - the EU and other countries use a "first to file" system. Ours is one of the only patent systems to work this way. The issue isn't "first to invent", it's the abjectly sh!tty quality of the patents that the USPTO approves.
You got it a ass backwards. The US patent system is a "first to invent" system - the EU and other countries use a "first to file" system. Ours is one of the only patent systems to work this way. The issue isn't "first to invent", it's the abjectly sh!tty quality of the patents that the USPTO approves.
if your tired of my comments DONT READ THEMjimboeau said:Give it a rest......
figures from a cheesehead
Being from Texas, I am really tired of hearing about all the wacky patent lawsuits that get filed in this one East Texas District. It is as if these companies have all found a county with a bunch of 'low tech' jurers and judges who understand nothing about technology and always side with the plaintiff. A nice reform for patent cases would be to have to prove your case in a state and county randomly chosen by someone at the patent office.
Scott Greczkowski said:
If you really believe that then now is the time to buy stock in Echostar. The price has fallen rapidly and will continue to do so for a while. You'll make a fortune when your prediction comes true.
UPDATE: E* has issued a press release:
http://phx.corporate-ir.net/phoenix.zhtml?c=68854&p=irol-newsArticle&ID=897186&highlight=
They've successfully blocked the injunction.
http://phx.corporate-ir.net/phoenix.zhtml?c=68854&p=irol-newsArticle&ID=897186&highlight=
They've successfully blocked the injunction.
Like Bimson says, the patent was already challenged and reaffirmed.
Getting the key patent thrown out is off the table for now. At issue is whether Dish Network violates the patent(s) with their products and what their culpability should be. At the appeals court, they can't challenge the patent that was reaffirmed, they can only challenge the conclusions reached by the district court.
If Dish really wish to fight this, the appeal buys them time to work on a new software update which addresses the infringement (or at least, lets them claim that). Remember Blackberry?
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OK, so as someone who was planning on signing up for Dish DVR this week, should I still do it? Or wait and see what happens? I really wanted to get one up and running before the fall TV season starts in a few weeks.
PS - Sorry if this has been asked, but I didn't read all 14 pages of this thread.
PS - Sorry if this has been asked, but I didn't read all 14 pages of this thread.
Ken F said:
Ken is right on. It is almost a given with injuctions of this type for them to be "temporarily blocked" to allow an appeal. This decision by the upper court is nothing to dance in the streets about and has no bearing on the final outcome.
E* D* and Tivo
This last paragraph is disturbing. Read one way it's almost like an admission. But my question is this: If the alleged infringement deals with hardware, how can they make changes to units in the field on a cost-effective basis?
The fact that my E* DVR might go away (or be saddled with reduced functionality) has me checking the package prices on D* and cable, albeit quite reluctantly.
hobojoe said:
This last paragraph is disturbing. Read one way it's almost like an admission. But my question is this: If the alleged infringement deals with hardware, how can they make changes to units in the field on a cost-effective basis?
The fact that my E* DVR might go away (or be saddled with reduced functionality) has me checking the package prices on D* and cable, albeit quite reluctantly.
Good call, Ken F: this whole thing reminds me of the Blackberry injunction...I forget what the final resolution was and what it cost them. Anyone?
My question is, is Tivo suing all those with 2 VCR's? Because a pair of VCR's connected to say a analog cable line, can pause, play, ff/rew live and recorded shows, you can jump back and forth from one to the other, etc.
And look at that, they both record to magnetic media to boot!
Yeah its a stretch. but still...
And look at that, they both record to magnetic media to boot!
Yeah its a stretch. but still...
