Echostar has to fix this -- whether they work out a license deal with Tivo, get an injunction, or find another fix doesn't make any difference.
I'm an Dish subscriber first and foremost because up until recently (and the jury is still out on recent products from other vendors) they had the best of several not-terribly-good choices for an HD PVR. The day my 942 stops working however, I'll be signing up for one of either DirecTV's or Verizon/FIOS TV's new HD PVRs (I've had FIOS internet for nearly a year).
Frankly, when it comes down to it as a company I like Dish better than any of their competitors, but I don't like them well enough to lose HD PVR capability.
I doubt I'm their only customer that feels this way...
In seeking the unattainable, simplicity only gets in the way. -- Epigrams in Programming, ACM SIGPLAN Sept. 1982