August 18, 2006 5:21 AM PDT

Judge to EchoStar: Disable your DVRs

Last modified: August 18, 2006 1:13 AM PDT

update

But federal appeals court blocks TiVo-favored injunction affecting millions of Dish subscribers.

The story "Judge to EchoStar: Disable your DVRs" published August 18, 2006 at 5:21 AM is no longer available on CNET News.com.

Content from Reuters expires after 30 days.

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PWNT!
by Mr. Network August 18, 2006 6:16 AM PDT
$90M Ouch! There are going to be some unhappy stock holders.
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let me guess
by mcepat August 18, 2006 6:17 AM PDT
TIVO has copyrighted pause, rewind and record and now nobody can use it?

It can't be that anyone is actually trying to copy TIVO's UI menu system because why would anyone copy crap?
Reply to this comment
Ouch, just plain ouch...
by thedreaming August 18, 2006 6:23 AM PDT
Dishnetwork is going to have alot of pissed off customers. My advice to them, comply with the order, but turn off only one box per week, which will give them plenty of time to call up the subscriber and explain why the box is not working, then give them the number of the stupid judge that favored tivo over dishnetwork and let the customers all yell at them!
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Glad I run a Open-PVR...
by umbrae August 18, 2006 6:55 AM PDT
Never rely on 3rd party products. *hits fast forward on this home-brewed PVR on Dish Network*
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Reperations
by GrandpaN1947 August 18, 2006 6:55 AM PDT
Does that mean people like myself will get compensation from EchoStar for the loss of our purchased machine? If Echostar is stealing from TiVo, aren't they stealing from me too? Will this lead to the disabling of my PC because it could be used to copy music, will my stereo receiver be disabled because it violates the DMCA? Is "Disabling" going to affect all my good stuff because it doesn't comply with someone else's patent or DRM rights?
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Good For TiVo
by Mystigo August 18, 2006 7:44 AM PDT
This is one of the few recent patent cases discussed on cnet
where I totally agree with the outcome. TiVo came up with a
great idea that revolutionized how we watch TV, and instead of
just sitting on it, waiting to sue the first big company to
implement it, they actually created a brilliantly implemented
product and a market for it.

We all like to complain when someone with a patent, that never
even attempted to bring a product to market, comes out of the
woodwork after 10 years and sues some hugely successful
manufacturer. But in this case, TiVo took their idea and ran with
it. They are totally on the high road when it comes to defending
their efforts.

And by the way, unless there is a VCR out there that can
continue to tape a show while you pause or rewind it, the
analogies with VCRs are completely without merit.
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Another Example of PATENT ABUSE
by disco-legend-zeke August 18, 2006 8:04 AM PDT
rewading the patent at http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6233389.PN.&OS=PN/6233389&RS=PN/6233389

you can see that they are just taking the VCR and adding the word DIGITAL.

using a hard drive instead of tape is obvious to any worker in the field.

there is NOTHING NEW OR UNIQUE to this invention, its merely an example of how the patent system is abused.

EchoStar needs to examine expired VCR patents. The only innovation is simultaneous playback while recording, which the patent concedes can easily be accomplished by using two VCR's.

It may be possible for echostar to disable "simultaneous playback and recording" to circumvent the injunction while they prepare their case to invalidate the TIVO patents.

this becomes a moot point next year as WINDOWS VISTA will begin replacing embedded hardware solutions.
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TiVO should become extinct
by TV James August 18, 2006 8:13 AM PDT
It's sad that something like this is able to become a patent in the first place. You should be able to point the the analog tape recorder or VCR as prior art and say "been there, done that." This should be the evolution of the recording device, not a new idea. It's not that brilliant.

And so lame companies unable to compete in the marketplace (despite apparently having the "idea" first) continue to exist despite their inability to provide something compelling enough for people to buy it.
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More than a VCR...
by joecm August 18, 2006 8:59 AM PDT
If you think that a DVR is equivalent to a VCR, you are just not paying attention. Tivo has changed the way we all watched television by creating a unique product. Could someone else have invented it? Sure. But why should cable companies be able to clone the Tivo and put it out of business just because they have the deep pockets?
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ReplayTV has all of this. Tiv-ZERO copied them!
by Anon-Y-mous August 18, 2006 9:10 AM PDT
Also DishNetwork had the original PVR's out in early 99, before TiVo was even heard of.

Between ReplayTV and DishNetwork, AND geeks doing the same thing with ATI video cards on their PC's, 'prior art' definitely existed for digital storage and playback and pausing of TV.
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Good for Tivo
by HandGlad2 August 18, 2006 9:29 AM PDT
As I recall, Tivo was the first to market with this idea. If there was some reason that there should not been a patent issued for Tivo, that's irrelevant to whether Echostar infringed upon Tivo's existing patent. Tivo has a valid patent which they are claiming was infringed by Echostar. Tivo has made DVRs significant in the marketplace as well. VCRs are not nearly as prevalent at any of the major electronic retailers now. Good for Tivo!
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Dish DVR
by bcas400e August 18, 2006 10:03 AM PDT
Ha,

Dish's DVRs break down so often I would dare so not too many are actually fully functional anyway!

We had Dish dvr and TiVo, and TiVo worked for 3 years with ZERO problems. Went to dish and their DVR, replaced 2 in the first 9 months.

bye bye Dish!
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Already being blocked
by E B August 18, 2006 11:21 AM PDT
A federal court has temporarily blocked this ruling already. Whew.

http://www.dishnetwork.com/content/aboutus/presskit/press/index.shtml

I hope Dish is right and that they win this thing in the end -- I'd much rather record the way their system does it (directly from the digital feed from the dish, rather than converting it to analog and then back to digital again). Their system is pretty slick, and is cheaper than Tivo (and different enough in its guts that it should be able to avoid their patent).

Not only that, but Dish actually cares about its customers a lot more than Tivo seems to care about any of its customers. Has the fact that Tivo couldn't give away their boxes, but had to license or arm-twist DirectTV and cable companies into licensing their software given anybody a clue yet? Then they go tinkering with the skip button and showing ads while you're fast-forwarding...very intrusive. No thanks. Dish is better!
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What a bunch of stupid comments
by shoffmueller August 18, 2006 2:34 PM PDT
Tivo is just like having two vcrs? What, are you nuts? Whoever invented the mp3 player - they don't deserve a patent because an 8-track was out 30 year prior to that. Does pretty much the same thing.
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Ya'll should read the proceedings from April
by datacowboy August 18, 2006 8:37 PM PDT
TiVo won the original patent dispute back in April for some key reasons. Today's news is just a follow-on from that.

The thing is that E* was working with another company on DVR technology around the same time TiVo was introduced. The difference was that the technology behind the E* product cost around $15,000! And their only customer for the product was the US Military.

James Barton invented what is now called the Barton media switch as part of the TiVo device and this technology was much, much less expensive. Within the range of consumers.

Then Barton and Ramsey went to E* to peddle their technology and hopefully enter into a partnership. Much like they later did with DirecTV. They left behind a prototype, which E* never returned, and a short time later out came the first DishPlayer. Amazingly within the price range of consumers, or part of a monthly service fee. E* plowed ahead without further discussion with TiVo.

Whether you debate the validity of the TiVo time warp patent does not matter, that argument is over. They have the patent. And from the court proceedings in April, E* could not distance their DVR from infringement. And the history of things didn't help them either.

It's all public record, you can check for yourself.
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