UPDATE, 10 p.m.: The saga continues. Dish wins a stay of a court injunction to disable DVRs as it appeals patent infringement case by TiVo. See Reuters story.
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Just to be clear, Dish Network, which lost a patent infringement case (again) to TiVo on Tuesday, was ordered by a federal judge to stop it already, which essentially turns Dish DVRs into plain-ol’ boxes.
U.S. District Judge David Folsom is giving Dish 30 days to “disable the DVR functionality (i.e., disable all storage to and playback from a hard disk drive of television data) in all but 192,708 units of the Infringing products …” according to the court order. The “infringing” DVRs include these models: DP-501, DP-508, DP-510, DP-522, DP-625, DP-721, DP-921, and DP-942.(Read the court order yourself via PDF: TiVo wins (again).)
(Yikes!)
Will this really happen? The same court ordered Dish (when it was part of EchoStar) to dismantle its DVRs 3 years ago and the two companies have been stuck in court sorting things out. Of course, as TiVo continues to win cases, it also collects penalties, plus interest, from Dish. Dish has appealed and the two show up again in court on June 26.
Could this happen to your non-TiVo DVR? Possibly.
All a TiVo spokesman would tell me is that TiVo does have license agreements with Comcast, Cox and DirecTV. Some of these range from the companies rebranding TiVo’s actual software for their own customers to just a license agreement.
TiVo would love to have similar partnership with all TV companies that have DVRs, he said. Those, presumably, would include Time Warner Cable, Verizon FiOS, AT&T U-verse plus a plethora of others who offer TV service outside of Orange County. At the moment, no other patent lawsuits are pending between TiVo and other companies.
Based on the original 2006 court order for a permanent injunction against Dish, the patent in question is this one, dealing with ”Multimedia time warping systen.” I’m not a lawyer but the patent #6,233,389 does seem to cover the gist of the whole point of a DVR: to pause, rewind and record live TV.
Thanks to Michael Doss, OCR’s go-to research guy, for tracking down the lawsuit.
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