Replay TV didn't lose, they ran out of money before they could defend themselves: http://en.wikipedia.org/wiki/ReplayTV#Legal_battle
"The lawsuit against SONICblue was stayed when the company filed for bankruptcy protection in March 2003"
It has not been tested in court. The broadcasters are terrified of another major loss like the Cablevision lawsuit: http://en.wikipedia.org/wiki/Remote_storage_digital_video_recorder#Cablevision_litigation_in_the_U.S.
Where the US court system found remove-DVRs (and DVRing) fully protected under US law.