Life or Death for Tivo 284
CUShane writes "The Washington Post is running an article on the patent case between Tivo and EchoStar regarding Tivo's DVR technology. The article states that Tivo has a better than 70% chance of winning, while a loss would basically doom the company. Is there a possibility that the patent system is working right in this case?" From the article: "TiVo attorney Morgan Chu has been arguing in court that TiVo's inability to turn a profit, despite the popularity of its product, is partially because of EchoStar's infringing on its patent. TiVo co-founder Michael Ramsay testified that he showed EchoStar executives the TiVo product and pursued a licensing deal with them, but that a deal was never struck even though EchoStar began selling its own DVRs that used technology very similar to TiVo's."
We call that "Forum Shopping" (Score:5, Informative)
This story is entirely about the jury. A jury can decide a case any which way they like, no matter what the law says (see jury nullification [umkc.edu])
+1 to Tivo for manipulating the system.
Re:I Think This Can Be Summed Up In Five Words (Score:2, Informative)
"Lifetime subscription" isn't a feature, is a payment/subscription model
"Fast forward 30 seconds" has never been an official feature, and is in NO way "gone"...(try Select-Play-Select-3-0-Select sometime)
Indefinite retention: only a few, rare programs (aside from technical glitches)
So what feature have you lost? I'd like to know.
Re:I Think This Can Be Summed Up In Five Words (Score:5, Informative)
Ain't that the truth.
Go to an online TiVo forum and ask about feeding your TiVo listings from XMLTV rather than subscribing. Bask in the hostility.
Here's a hint: google for "oztivo", "tivocanada", and "service emulator". Learn perl. Then lament the fact that you'd be sued and lynched if you ever told anyone how you did it.
(This is all hypothetical, of course.)
Re:We call that "Forum Shopping" (Score:3, Informative)
FRCP Rule 50 [cornell.edu](a)(1): If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.
In civil trials, the judge can overrule the jury when the lawyer moves for JMOL.
Re:We call that "Forum Shopping" (Score:3, Informative)
Appeals courts only have appellate jurisdiction and, thus, only judge the appealed trial. There is no additional finding of fact unless the case is remanded for some reason back to a court with original jurisdiction. Usually there are no juries involved in appeals, instead there is a panel of judges. See this for a good explanation: http://en.wikipedia.org/wiki/United_States_court_o f_appeals [wikipedia.org]
Re:Let them die, for many reasons (Score:3, Informative)
Freeview DVRs? No season passes at all. Manual record only.
Sky+? Limited season passes to certain channels only. No ability to handle conflicts (it simply deletes the season pass if there's a conflict). EPG only 7 days ahead, and if a series doesn't occur that week it again deletes the season pass. Not able to watch programmes unless you're a *current* subscriber. No suggestions, No wishlists. Automatically deletes box office movies.. I could go on.
I may have to get Sky+ since Tivo don't look like producing an HD version this century (or indeed updating their UK version at all). I'm not looking forward to it *at all*.
A particular greedy CEO better call DirecTV today, (Score:3, Informative)
Stupid management always kills cool products. They priced the orignal service way beyond what most people were willing to pay, while DirecTV users got the unit for $99 and $5 a month! What are you NON DirecTV folks paying for the inferior analog-recorded service that you get?
I hope TiVo loses and has to take LESS money from DirecTV the second time around for their insolence, because if they win the case it is bad for the consumer.
The patent in question (Score:4, Informative)
Here's claim 1:
1. A process for the simultaneous storage and play back of multimedia data, comprising the steps of:
accepting television (TV) broadcast signals, wherein said TV signals are based on a multitude of standards, including, but not limited to, National Television Standards Committee (NTSC) broadcast, PAL broadcast, satellite transmission, DSS, DBS, or ATSC;
tuning said TV signals to a specific program;
providing at least one Input Section, wherein said Input Section converts said specific program to an Moving Pictures Experts Group (MPEG) formatted stream for internal transfer and manipulation;
providing a Media Switch, wherein said Media Switch parses said MPEG stream, said MPEG stream is separated into its video and audio components;
storing said video and audio components on a storage device;
providing at least one Output Section, wherein said Output Section extracts said video and audio components from said storage device;
wherein said Output Section assembles said video and audio components into an MPEG stream;
wherein said Output Section sends said MPEG stream to a decoder;
wherein said decoder converts said MPEG stream into TV output signals;
wherein said decoder delivers said TV output signals to a TV receiver; and
accepting control commands from a user, wherein said control commands are sent through the system and affect the flow of said MPEG stream.
Re:Tivo is Dead (Score:2, Informative)
NOT A HIDDEN COST.
Everyone knows about it when they buy a Tivo. AND THE TIVO WILL WORK WITHOUT IT. The Tivo performs perfectly as a time shifting device without the subscription.
What the subscription does is allow you to continue to download a list of things which will play on the channels your tivo already gets. It tells the Tivo that Channel 54 is "Spike TV" and that it will have "STAR TREK TNG" on from 2PM to 3PM.
I don't see what people complain about. The UNIT ITS SELF is what you buy when you buy the unit - if you then want to use it to heat your tea kettle, feel free. The guide downloads are a recurring cost to tivo (they have to have people submit them and keep them up to date, as well as the infrastructure to provide them to people), so they pass it to you. Yeah, they make money. So what? You don't like it, cancel. Tell your Tivo to record "Channel 11 from 8PM to 9:30PM on Tuesday, 4/4/2006" rather than "Record American Idol". You do what you think is right.
ALSO: THE TIVO DOES NOT REQUIRE A PHONE LINE EXCEPT FOR INITIAL SETUP. Mine uses Ethernet, and has since I bought it. It even says in the book what you need - a $10 USB to Ethernet adapter will work, and a wide range of models are supported. Plug and play, man.
Stop with the FUD.
~Will
Re:I Think This Can Be Summed Up In Five Words (Score:3, Informative)
I agree, however you should have said supported, not can, you can:
http://armory.nicewarrior.org/projects/vstream-cl
http://sourceforge.net/projects/tivo-vlc [sourceforge.net]
http://www.videolan.org/vlc/ [videolan.org]
Re:We call that "Forum Shopping" (Score:4, Informative)
Re:I Think This Can Be Summed Up In Five Words (Score:1, Informative)
Re:Wait, so what was the patent? (Score:0, Informative)
Many VCRs let you watch one channel and record another; it's actually a matter of there being two tuners, one in the TV and one in the VCR.