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Forums » Dish Loses TiVo Appeal and Takes Loss on Satellite » Tivo blows
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If you can't beat them... »
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TK Junk Mail
Go ahead, make my day
Premium
join:2002-03-03
Margate City, NJ
clubs:
·Comcast

reply to wanderance
Re: Tivo blows

said by wanderance See Profile :

Doesn't have anything to do with the guide, has to do with the "time warp". At the time that TiVo patented it, it was a very revolutionary idea.

If you look at the history of TiVo / Dish it is pretty clear that Dish simply stole the tech inside the dev box TiVo sent to them. This entire thing is from the Series 1 days.

TiVo didn't just go after Dish because they felt like it (and not every other DVR manufacture out there), they went after them because it is obvious they ganked the tech.
I agree. Not all patents are bogus. TIVO did create the original DVR and Dish flat out stole out. They SHOULD have to pay royalties.
--
My BLOG .. .. Internet News .. .. My Web Page


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

said by TK Junk Mail See Profile :

I agree. Not all patents are bogus.
This one is. Obviousness is supposed to be a consideration. And TIVO was well behind ReplayTV.
TIVO did create the original DVR and Dish flat out stole out. They SHOULD have to pay royalties.
So says TIVO. I seriously doubt it. Ergen is not stupid. The patent is.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

Jaghar

join:2001-01-30
Painesville, OH
How is the patent stupid?


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
It shouldn't exist, for reasons including prior art, and obviousness.


TK Junk Mail
Go ahead, make my day
Premium
join:2002-03-03
Margate City, NJ
clubs:
·Comcast

said by KrK See Profile :

It shouldn't exist, for reasons including prior art, and obviousness.
The court evidently disagrees with you. In fact now 2 courts disagree, because the appeals court upheld the trial court.
--
My BLOG .. .. Internet News .. .. My Web Page

Thespis

join:2004-08-03
Keller, TX
·Verizon FIOS


edit:
April 12th, @06:07PM

reply to KrK
said by KrK See Profile :

This one is. Obviousness is supposed to be a consideration. And TIVO was well behind ReplayTV.
Both companies were created in 1997.
Replay TV launched two months before Tivo.
I'll let others judge if two months is "well behind".

wierdo

join:2001-02-16
Tulsa, OK
·Future Nine Corpor..
·Teliax VOIP
·Cox HSI

reply to KrK
said by KrK See Profile :

said by TK Junk Mail See Profile :

I agree. Not all patents are bogus.
This one is. Obviousness is supposed to be a consideration. And TIVO was well behind ReplayTV.
If they were "well behind" replay, then how on earth did they make it to market several months ahead of Replay?

BTW, many of TiVo's patents were "stupid," hence their being lost on patent office re-examination. The "time warp" patent wasn't obvious, or they would have lost it, too.
--
It's wierdo, not weirdo. Yes, I know that's not the 'proper' spelling of the similar english language word.


Siryak

join:2005-11-26
·WildBlue

reply to TK Junk Mail
said by TK Junk Mail See Profile :

said by KrK See Profile :

It shouldn't exist, for reasons including prior art, and obviousness.
The court evidently disagrees with you. In fact now 2 courts disagree, because the appeals court upheld the trial court.
The court also approved a lawsuit to McDonalds for having their coffee too hot. *rolls eyes*


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

reply to wierdo
Re: Tivo blows

said by wierdo See Profile :

If they were "well behind" replay, then how on earth did they make it to market several months ahead of Replay?
Well, they must of used that Patented Time-Warp feature to leap ahead, ReplayTV came out in January 1999, and Tivo's first unit was April, so in a non-time warped universe, ReplayTV was first.

Once the DVR was out, and time-shifting, pausing, jumping forward to real time, etc were all out the so-called "time warp" feature becomes an obvious extension of the technology.

Echostar's first DVR's were built on Microsoft software and didn't actually get released until a few months after TIVO, however Echostar had been showing off the hardware while waiting on the software for months.

The simple fact is these DVR's were developed at the same time. Nobody stole or copied someone else's code, but TIVO was granted a patent on a feature that was common to them all, and now is going sue-happy.

It's a common problem.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to TK Junk Mail
Yes, the Court disagrees with Justice and what is right all the time. As for the Appeals Court, that means little because all they rule on is if an error was made in the procedure of the first trial, and don't actually deal with the issue at hand.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

reply to Thespis
said by Thespis See Profile :

I'll let others judge if two months is "well behind".
True, but prior art is prior art, and once the first DVR features were being created, the so called "Time-warp" feature becomes an obvious extension of the technology. In reality, all these DVR's (ReplayTV, TIVO, Echostar's) were being developed with similar features by different people at the same time. Nobody "stole" anything. TIVO just got the patent on a "feature" and is going sue happy.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

Thespis

join:2004-08-03
Keller, TX
·Verizon FIOS

Echostar?
E*'s first DVR (they actually called it a PVR) was the DishPlayer 2400. It came out about the same time as Tivo. It was a piece of crap that ran Microsoft software and had to be babysat daily. It also had a whopping 8 hours of record time. I sold mine on Ebay for a tidy sum.
The DVR that E* was sued over was the one they developed in house well after Tivo was established with DirecTV.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

Yes, I stated that already.... However, the feature the patent and lawsuit is based on was already in use and had been developed by other DVR's.

I'm not disagreeing that TIVO got the patent, I just think the patent should be invalidated... which of course would end the lawsuit. Unlikely to occur as well. Echostar is getting ripped off.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

Thespis

join:2004-08-03
Keller, TX
Echostar violated a valid patent. Period.
They are not getting ripped off.
Corporations can't just disregard patent law because they think a patent should never have been given.
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