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story category Dish Loses TiVo Appeal and Takes Loss on Satellite
Forget the failed satellite; they're taking TiVo to the Supreme Court
12:03PM Saturday Apr 12 2008 by KathrynV
tags: legal · satellite · business · trouble · Dish Network
Tipped by cfm117 See Profile
Dish Network was disappointed last month when their AMC-14 Satellite faced troubles with its launch. Problems with one of the booster rockets caused the satellite to fall short of its intended position and land in an unusable orbit. There has been discussion since that time about methods of how to reposition the satellite so that the company can move forward with its satellite-based HD plans. However, SES (the company that commissioned the project) now says that the satellite will be retired without ever being used. SES seems unconcerned with the loss since they are going to recoup their $150 million loss through insurance coverage.

Dish Network owner Echostar hasn’t issued a statement regarding the satellite. However, the company appears to be trying to recoup losses of its own via the court system in an unrelated battle with TiVo. Back in 2006, Dish’s DVRs were found to be in violation of a patent held by TiVo. They appealed to a federal court which denied hearing the request this week. Dish says that it’s moving forward with an appeal to the Supreme Court. If this appeal is denied, the company is expected to owe over $100 million to TiVo for the violations.

Related:
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  2. Troubled Satellite Launch Impacts Dish Network HD Plans
  3. DOJ Approves Sirius/XM Merger
  4. AT&T Offers Dish Network In BellSouth Territory
  5. FCC Audit Shuts Off Navajo Nation's Satellite Internet
  6. Google TV Ads Goes Public
  7. Judge Orders Marshall University to Help RIAA
  8. Echostar Begins Testing Mobile TV Options
Forums » Dish Loses TiVo Appeal and Takes Loss on Satellite

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Skeedatl
To Provoke and Annoy
Premium
join:2007-12-26
Laguna Hills, CA

If you can't beat them...

...sue them.

supergirl

join:2007-03-20
Pensacola, FL
·Cox HSI
·Skype
·AT&T Southeast

Re: If you can't beat them...

said by Skeedatl See Profile :

...sue them.
Poor Charlie Ergen. Everything he does turns to crap except the DISH. Ergen doesn't like to pay for content. DISH customers lose. Charlie rips off TIVO--$100 million down the drain. The SCOTUS will not hear that case. He tries to buy DirecTV. No, he can't. Poor Charlie should've just stuck with what worked. TIVO isn't suing everyone but Dish so I guess Dish was ripping off their Intellectual Property. Of course, Tivo is so expensive it's worthless. Sorta like that Satellite Radio that is slowly going in the toilet--never seen a profit and probably never will. Why? The radio in your car is free. I pretty much think DirecTV will kill off Dish eventually since they are better funded. Poor Charlie files for bankruptcy. EchoStar doesn't "Echo" anymore.
--
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KrK
Heavy Artillery For The Little Guy
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join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

Re: If you can't beat them...

Nice slant.

Ergen doesn't like to get ripped off on content--- DISH CUSTOMERS WIN. We get content, prices stay lower. DISH didn't rip off TIVO--- TIVO just got some broad patents granted on DVR features which happened to apply to DISH's DVR's that they developed on their own. And TIVO is no saint... ReplayTV, prior art anyone?

Now TIVO is free to go after Cable and Telco DVR type boxes. We shall see. And as for your expectations that DTV kills DISH.... DISH has been profitable. Has DTV ever turned a profit yet?

You know what happens when you assume...
--
"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!)
gopnick

join:2005-01-07
Benton, AR

Re: If you can't beat them...

Exactly! I for one appreciate that Dish fights content distributors to keep the prices down while shareholders still have ROI. This is how a business OUGHT to work!

I'm paying $70/mo on Dish for what I paid $150/mo for on cable+TiVO.

fred 12

@nyack.edu

Sorta like that Satellite Radio that is slowly going in the toilet--never seen a profit and probably never will. Why? The radio in your car is free

Satellite radio rules.. TV is free too. but everone seems to have cable or satellite tv.. if you want to listen to the same old crap keep your free car radio
Kearnstd
Elf Wizard

join:2002-01-22
Mullica Hill, NJ
the main thing is TiVO wont go after say comcast, for one they are working some deal and two im pretty sure Comcast could just crush tivo with lawyers.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

jt44

@comcast.net
i am sorry tivo dvr beats dish dvr any day of the week.

Skeedatl
To Provoke and Annoy
Premium
join:2007-12-26
Laguna Hills, CA

Re: If you can't beat them...

Yeah right.

MooJohn

join:2005-12-18
Milledgeville, GA
·Windstream

Tivo blows

Yep, apparently only one company is supposed to be allowed to offer an onscreen guide with recording ability. I'm sure Tivo has patented nearly every button on the remote control and the order and manner by which they're accessed.

I'll take my Dish recorder over a Tivo box any day.

For my non-satellite sources, I use a multi-tuner box running GBPVR

It's absurdly easy to get a patent -- you just need a concept, not a method!
--
John M - Cranky network guy
wanderance

join:2002-07-09
USA

Re: Tivo blows

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.

TK Junk Mail
Golf season has returned - hurrah
Premium
join:2002-03-03
Margate City, NJ
·Comcast

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
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·Cox HSI
·AT&T Southwest

Re: Tivo blows

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

Re: Tivo blows

How is the patent stupid?

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Re: Tivo blows

It shouldn't exist, for reasons including prior art, and obviousness.

TK Junk Mail
Golf season has returned - hurrah
Premium
join:2002-03-03
Margate City, NJ
·Comcast

Re: Tivo blows

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

Siryak

join:2005-11-26
·WildBlue

Re: Tivo blows

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
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.
Thespis

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


edit:
April 12th, @06:07PM

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".

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

Re: Tivo blows

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

Re: Tivo blows

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
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join:2000-01-17
Tulsa, OK
·Cox HSI
·AT&T Southwest

Re: Tivo blows

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

Re: Tivo blows

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.
wierdo

join:2001-02-16
Springdale, AR
·Cox HSI

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.

KrK
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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
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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.
ReplayTV.

insomniac
Oh Yeah
Premium
join:2002-09-22
Naperville, IL
clubs:

Re: Tivo blows

What about them? TiVo had units in customers' hands before they did.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Re: Tivo blows

ReplayTV beat TIVO to market. They both came on the scene pretty close together. TIVO was second, a few months behind ReplayTV.

TK Junk Mail
Golf season has returned - hurrah
Premium
join:2002-03-03
Margate City, NJ
·Comcast

Re: Tivo blows

said by KrK See Profile :

ReplayTV beat TIVO to market. They both came on the scene pretty close together. TIVO was second, a few months behind ReplayTV.
1st to market is not relevant to patent law.
--
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KrK
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Re: Tivo blows

said by TK Junk Mail See Profile :

1st to market is not relevant to patent law.
Nope.... but prior art or obviousness is... supposed to be.
Jaghar

join:2001-01-30
Painesville, OH

I find it completely reasonable that 2 companies can create different technologies to complete the same task (Replay/Tivo).

When a 3rd party comes along and uses any of that technology, without prior arrangement, that's patent infringement.

Either way, it would be nice if Tivo and Directv had some adequate competition to keep my Directv prices down.
--
We will always be much more human than we wish to be.

dvd536
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said by MooJohn See Profile :

Yep, apparently only one company is supposed to be allowed to offer an onscreen guide with recording ability. I'm sure Tivo has patented nearly every button on the remote control and the order and manner by which they're accessed.

I'll take my Dish recorder over a Tivo box any day.

For my non-satellite sources, I use a multi-tuner box running GBPVR

It's absurdly easy to get a patent -- you just need a concept, not a method!
tivo sucks. thumbs up
--
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Qumahlin
Never Enough Time
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join:2001-10-05
West Chester, PA


edit:
April 13th, @01:39PM

said by MooJohn See Profile :

It's absurdly easy to get a patent -- you just need a concept, not a method!
You've clearly never applied for a patent. Not that i'm defending the USA's shit patent system, but I can assure you it's a little more difficult then just having a concept

Subaru
1-3-2-4
Premium
join:2001-05-31
Greenwich, CT
clubs:

just great...

More space junk...
dks7

join:2004-05-31

Re: just great...

God i hate the patent system.

Rob
Veni, vidi, vici
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said by Subaru See Profile :

More space junk...
The fault here lies with the insurance company. They should tell Dish Network to see if any country is willing to buy the satellite. You never know, Russia or China, may be interested in it.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Re: just great...

Dish network doesn't own it. SES does. Echostar was going to lease capacity on it. Which obviously they won't be doing now. And "being retired" probably means it will be de-orbited soon.
papi4baby

join:2008-01-19
Callaway, MD

Re: just great...

Thank you, glad to see someone here is well informed, and to repeat what you said, Dish does not own the satellite people, they were just going to lease access to it. That's is all.

firephoto
KDE
Premium
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·Verizon west (ex G..

Dish!=

SES Americom owns AMC-14. Boeing claims a patent on the process that SES can use to recover the satellite and there's a lawsuit between the two involving other crap so Boeing is playing the patent card. Most likely because of this patent no one else is going to want to buy the bird and it will make someones wish soon.

Dish is not Echostar, separate companies.

The software infringing on the Tivo patent(s) was on old Dish recorders and has been updated to something different. It's also a good example of something stupidly obvious being allowed to be patented. Should we have patents on manipulating {future desirable content delivery} in a way that allows the user to enhance their {future buzzwordy named action} experience? (we will with the idiots approving patents now)
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brooklynman4

join:2004-09-07
Nyc

Re: Dish!=

Dish has stated they revamped the way they record if they settle in court then there is a possibilty they can share the patent.

Snakeoil
Remember Those Who Serve
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Mentor, OH
·RoadRunner Cable

Correction:

»www.dishnetwork.com/content/abou···ex.shtml
quote:
Headquartered in Englewood, Colorado, EchoStar Communications Corporation is a public company with approximately 21,000 employees. The Company and its subsidiaries deliver Direct Broadcast Satellite (DBS) television products and services to customers worldwide.

Dish and Echostar are the same company.
--
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firephoto
KDE
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·Verizon west (ex G..

Re: Dish!=

quote:
EchoStar Corporation (EchoStar), formerly EchoStar Holding Corporation, will operate two primary businesses: digital set-top box business and a fixed satellite services business. EchoStar had a spin-off from DISH Network on January 1, 2008. The Company’s set-top box business designs, develops and distributes set-top boxes and related products for direct-to-home satellite service providers. EchoStar’s set-top boxes are sold to DISH Network, but it also sold a number of set-top boxes to Bell ExpressVu and other international customers. EchoStar’s fixed satellite services business is developed using its eight owned or leased in-orbit satellites and related The Federal Communications Commission licenses, a network of seven full service digital broadcast centers, and leased fiber optic capacity with points of presence in approximately 150 cities.

quote:
EchoStar Corporation (EchoStar), formerly EchoStar Holding Corporation, will operate two primary businesses: digital set-top box business and a fixed satellite services business. EchoStar had a spin-off from DISH Network on January 1, 2008. The Company’s set-top box business designs, develops and distributes set-top boxes and related products for direct-to-home satellite service providers. EchoStar’s set-top boxes are sold to DISH Network, but it also sold a number of set-top boxes to Bell ExpressVu and other international customers. EchoStar’s fixed satellite services business is developed using its eight owned or leased in-orbit satellites and related The Federal Communications Commission licenses, a network of seven full service digital broadcast centers, and leased fiber optic capacity with points of presence in approximately 150 cities.

»finance.google.com/finance?q=NASDAQ:SATS
»finance.google.com/finance?q=NASDAQ:DISH

Just Lil Ole Me

@comcast.net

Dish

Yeah baby!

Dishnetwork completely SUCKS in every catagory. Their equipment is way over engineered to simply watch TV with so many damn dishes and switches and converters and complex DVR functions, most consumers can't figure how to operate them anyway....

Dishnetwork will soon be called "Deathnetwork" as they slowly die and dissapear. And when they do (die) I will be the first to dance at their funeral.

So now all you guys can sit back and say I have no idea what I'm talking about and how wrong I am and Dishnetwork is the greatest thing since sliced bread, but.... in two years, just remember you heard it here from me first. And when it DOES happen you can sit back and say, "yeah I remember that guy sayin that".

See 7 replies to this post

sanfranson
Norm, The Enourmous Basset
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San Francisco, CA
·SONIC.NET
·AT&T Yahoo

License to Sue

Attorneys in this country call a patent a "license to sue". Like every other decision in the justice system, the outcome is determined by the depth of the pockets of the antagonists. I would guess that TiVo and DishTv have similar resources to throw at the question of ownership, so real justice may be done here after the expenditure of $10sM in attorneys' fees.

"General" David Sarnoff of RCA managed to delay the debut of television for two decades by spurious, but continuous patent actions against Philo T. Farnsworth, the actual inventor of the cathode ray scanning tube, thus ensuring the dominance of radio, whose patents were in his pocket. He caused Edwin Armstrong, the inventor of FM, (specifically, the amplification technology that made it stable and useful), to commit suicide by his unrelenting, unfounded patent suits.

This perversion of the justice system is uniquely American. It is, in fact, "The American Rule", which states that, unlike every other country in the world, litigators pay their own costs, win or lose. Everywhere else, the loser pays the winner's costs. So, if you have the money, you can prolong cases indefinitely by filing "procedures" until your opponent goes bankrupt or until everyone who cares is dead.

Guess which professional class made up the rule?

What was the topic of this thread?
--
Cordially, SANFRANSON
Kearnstd
Elf Wizard

join:2002-01-22
Mullica Hill, NJ

Re: License to Sue

the problem is the idea of the patent is a great thing, but today such broad patents are allowed that you could devlop something totally different in design and still get sued. i mean the edison lightbulb patent today would be filed as "Device for illuminating by electric power" basicly making sure that all forms of light bulbs would have to pony up a license or the company would get sued.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

RoguePimp

join:2001-01-31
Phoenix, AZ
·Cox HSI

Wow! there is a lot of mis-inforamtion out there

It is just amazing how many people out there claim to "Know" what is going on. How many of you work for Dish or Echostar and really know whats up?

Lets see a show of hands? Anybody.....

Many of you did state things that were correct, But a lot of you guys need to pay attention to the facts and stop spreading stupid rumors.

TuPaK

join:2002-07-21
San Gabriel, CA

I love my VIP-722 Dish DVR

f*** tivo, I will never purchase or subscribe to any of their products.

mahermusic

join:2001-07-06
Chesterfield, NJ
·Vonage

Re: I love my VIP-722 Dish DVR

said by TuPaK See Profile :

f*** tivo, I will never purchase or subscribe to any of their products.
You won't? Where will TiVo get their future income from if you don't? Oh yeah... from the $100 mil from dish network.

HAHAHAHAHA
--
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Couch Potato
What?
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Evansville, IN
·Insight Communicat..

Re: I love my VIP-722 Dish DVR

said by mahermusic See Profile :

said by TuPaK See Profile :

f*** tivo, I will never purchase or subscribe to any of their products.
You won't? Where will TiVo get their future income from if you don't? Oh yeah... from the $100 mil from dish network.

HAHAHAHAHA
lol

TuPaK

join:2002-07-21
San Gabriel, CA
i'll quote you on that
floydb_1982

join:2004-08-25
Kent, WA

Cables a much better choice

Oh well were all better off with high definition from Comcast cable anyhow.
martyp

join:2004-01-30
Vallejo, CA

Re: Cables a much better choice

Well come on folks in this day when you can get a patent for one click shopping and such . Tivo should win and dish just pay up

belawrence
It's All About The Games

join:2000-08-06
Santee, CA
·Cox HSI

Re: Cables a much better choice

said by martyp See Profile :

Well come on folks in this day when you can get a patent for one click shopping and such . Tivo should win and dish just pay up
It's just as bad as having patents on digitizing voice into data packets and routing it over an IP based network, as in Verizon vs. everyone else.
--
Obviously you're not a golfer - Jeffery "the dude" Lebowski
thederf

join:2007-05-20
Scranton,