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TiVo vs EchoStar - TiVo Wins

ssuchter writes "A jury just ruled in favor of TiVo in their suit against EchoStar, awarding TiVo $73M of the $87M they asked for. From the article: 'TiVo had sought $87 million in damages from the Dish satellite-TV network in a patent dispute that TiVo lawyers said could be "life or death" for the company that sold the first box for pausing and rewinding live television.'"

256 comments

  1. EchoStar was so shocked by Anonymous Coward · · Score: 5, Funny

    They had to rewatch the decision 7 times on their TiVo.

    1. Re:EchoStar was so shocked by Bodhammer · · Score: 1

      Yss, but they used the 30-sec skip through the American Idol spot and the Katie Couric announcment...

      --
      "I say we take off, nuke the site from orbit. It's the only way to be sure."
    2. Re:EchoStar was so shocked by giantsfan89 · · Score: 1

      ... before pressing the thumbs-down key three times.

      --
      Don't ping my cheese with your bandwidth!
  2. The judge owns a Tivo? by Anonymous Coward · · Score: 0

    Mistrial! ;)

    1. Re:The judge owns a Tivo? by Jason1729 · · Score: 1

      Going by their miniscule market penetration, I would doubt he has one.

      Let's just hope Echostar appeals and wins.

    2. Re:The judge owns a Tivo? by Anonymous Coward · · Score: 0

      Actually the judge does own a TiVo. And he's likely smarter than you.

      "Neither Lindsey nor any of the other jurors owns a TiVo, but U.S. District Judge David Folsom said he did."

    3. Re:The judge owns a Tivo? by Anonymous Coward · · Score: 0

      Seeing that over 50% of all DVRs are TiVos, I'd hardly call that "miniscule market penetration". The current TiVo subscriber base is around 4.8 million and growing very quickly (it was around 3 million just about 1 year ago).

      Awww, somebody sounds bitter because they lost a lot shorting TiVo stock! HA!

    4. Re:The judge owns a Tivo? by Jason1729 · · Score: 1

      4.8 million units is less than 1% market penetration in the UK and US where they operate. That's a flop.

      I didn't short TiVo stock, though I probably should. What I'm bitter about is that I can't buy a viable DVR because TiVo makes/sells garbage and sues anyone who makes a decent one.

      I'm also not hiding behind an AC posting. I guess you're embaressed to have people know you like TiVo.

    5. Re:The judge owns a Tivo? by Iguru42 · · Score: 0

      Tivo makes crap?! Ah, you must never have used one.... that must be it.

    6. Re:The judge owns a Tivo? by timster · · Score: 1

      It's completely improper to define a "flop" in terms of overall market penetration percentage. If I start a small car company and 0.01% of people on the planet buy my car, I'll be in a pretty good position.

      --
      I have seen the future, and it is inconvenient.
    7. Re:The judge owns a Tivo? by ingoldsby · · Score: 1

      1. TiVO does not make a shitty product
      2. They do not sue anyone who makes a decent DVR. This is true both because echostar does not make a good DVR, but also because it is simply not true.

      You obviously have no idea what you are talking about.

    8. Re:The judge owns a Tivo? by Anonymous Coward · · Score: 0

      Yeah, so I guess Starbucks coffee and the Honda Civic are flops too, because that's got to be less than 1% market penetration of potential consumers.

      And if TiVo is a flop, well then I guess MythTV and every other DVR is a basically a non-existent joke, not even worth mentioning.

    9. Re:The judge owns a Tivo? by Jason1729 · · Score: 1

      Funny. If 0.01% of people on the planet buy your car, that's 600,000 units. That's a huge sucess by any automotive measure. In March 2006, General Motors sold 365,375 vehicles. Selling 600,000 in a year would make you 1/6th the size of GM. So yes, you'be been in a pretty good position. BTW, Delorean sold about 8,000 cars in the 3 years it was produced and it was fairly sucessful.

    10. Re:The judge owns a Tivo? by Jason1729 · · Score: 1

      Let's see. TiVo makes a piece of hardware that has about as much functionality as a doorstop. Even TV supporters agree with that. That sounds to me like TiVo makes crap.

    11. Re:The judge owns a Tivo? by Anonymous Coward · · Score: 0

      Hmmm... let's compare. Anyone who owns TiVo thinks it's the greatest device ever. Anyone who has heard anything you've had to say thinks you're an idiot. Sounds like whoever made you ... "makes crap."

  3. Well, this saves Tivos butt... by Abreu · · Score: 5, Insightful

    Good to hear an innovative company is able to have its patent respected...

    Bad thing is, the lifespan on a patent will probably make that what is right now good news, later becomes bad news

    --
    No sig for the moment.
    1. Re:Well, this saves Tivos butt... by Anonymous Coward · · Score: 2, Interesting

      That is not bad news at all. TiVo will make lots of money until the patents expire, but that is many years away. By then TiVo plans to be well entrenched in the household and be making money off of advertising, by redefining the way we watch TV ads (yes, we will still "watch" ads, but more like we "read" magazine ads or Google ads). The patent money is just a stepping stone towards TiVo's ultimate goal of being the Google of TV advertising.

    2. Re:Well, this saves Tivos butt... by Anonymous Coward · · Score: 0

      "Good to hear an innovative company is able to have its patent respected..."

      This patent is probably among the most innovative ideas to face mankind.

      I'm bewildered considering the difficulty and creativity required to consider pausing, rewinding, or fast-forwarding recordings on a hard drive. It's almost as impressive as pausing, rewinding, or fast-forwarding recordings on holographic memory (for which I hope to file a patent). And far more innovative than pausing, rewinding, or fast-forwarding recordings on magnetic tape.

    3. Re:Well, this saves Tivos butt... by Anonymous Coward · · Score: 1, Informative

      Reading from and writing to a hard disk at the same time, wow. That's an amazing innovation. Why didn't someone think of that before? Oh wait someone did you just couldn't patent software way back then.

    4. Re:Well, this saves Tivos butt... by Anonymous Coward · · Score: 1, Insightful

      How is that good? It's a software patent. Software patents SUCK. And TiVo is also known for abusing Linux and other GPLed software by using it in a DRM context where you can't change your Free Software and still have it working, basically circumventing the entire purpose of the GPL. (They're one of the reasons the GPL v3 is being written.) So why are you (and those people saying essentially the same thing a few posts later who really ought to be modded Redundant) defending TiVo that much?

    5. Re:Well, this saves Tivos butt... by lbrandy · · Score: 1

      How is that good? It's a software patent. Software patents SUCK.

      Talk about kneejerk.

      So why are you (and those people saying essentially the same thing a few posts later who really ought to be modded Redundant) defending TiVo that much?

      Maybe because their thought process is a little more in depth than OMG PATENTS BAD. MUST KILL.

    6. Re:Well, this saves Tivos butt... by Anonymous Coward · · Score: 0

      abusing? Please. They offer full source in compliance with the GPL. There are provisions in the GPL to allow closed source drivers to be loaded by the OS, and the provision was added to the GPL to specifically allow this sort of use, to make GPL products more flexible. Any modifications for GPL v3 are simply because some people have an alternative idea about what "open" means and thus want to have a way they can apply their interpretation of "open" to their own creations. It in no way implies anyone found a loophole to exploit and "abuse" GPL'd products, and thus GPL v3 is not any sort of reaction intended to prevent so-called abusive use.

    7. Re:Well, this saves Tivos butt... by Professor_UNIX · · Score: 1
      Good to hear an innovative company is able to have its patent respected...

      Innovative? They "invented" a VCR. People were using computers to record television programs long before TiVo came along with their worthless patent.

    8. Re:Well, this saves Tivos butt... by bemenaker · · Score: 1

      Software wasn't patentable back in the 80's. Everyone tried, but they were rejected. It was held that software had IP and Copyright law protecting them. And due to the nature of writing code, I personally agree that software patents are wholely wrong. Take 50 developers isolate them and give them the same problem. How many of them will write the same algorithem? That is why software patents are crazy. And yes people have been watching tv on their PC's, timeshifting, fastforwarding and rewinding, before Tivo was around, so how is their product unique enough to deserve a patent in the first place? This patent should be nullified.

    9. Re:Well, this saves Tivos butt... by bemenaker · · Score: 1

      crap used the bold tag not the paragraph. Sorry. Next time finish first cup of coffee before hitting submit.

    10. Re:Well, this saves Tivos butt... by lucason · · Score: 1

      EXCUSE ME!!

      This patent is a JOKE! The idea of pausing and rewinding (no longer live) TV is older than even the PC itself. I know quite a few people who had elaborate tape winders in mind to buffer magnetic tape and play it while recording allowing the same functionality that is protected by this so called patent. Also, there are many examples of prior art here, ever since capture cards first emerged.

      This Patent sucks. I don't care how popular TiVo is, they don't own an idea!

    11. Re:Well, this saves Tivos butt... by lucason · · Score: 1

      Or maybee they just don't remeber why software patents SUCK. http://www.nosoftwarepatents.com/

  4. Idiot Lawyer by MDMurphy · · Score: 4, Insightful

    If EchoStar's lawyers argued the case with lines like:

      "I don't think 190,000 people would have bought this particular toy if they could have gotten it free from their cable company."

    no wonder they lost. I think that was TiVo's point, free boxes from the cable companies ( if you want to call subsidized by higher cable rates "free") cost Tivo sales.

    1. Re:Idiot Lawyer by craXORjack · · Score: 1
      I think that was TiVo's point, free boxes from the cable companies ( if you want to call subsidized by higher cable rates "free") cost Tivo sales.

      That didn't save Netscape. EchoStar should have "integrated" the box into their service and called themselves "innovative".

      --
      Liberals call everyone Nazis yet they are the closest thing to it.
    2. Re:Idiot Lawyer by Jerf · · Score: 5, Insightful

      if you want to call subsidized by higher cable rates "free"

      I have a simple rule: s/free/paid-for/g, in all promotional material.

      Then you think about who is paying for it.

      Every once in a while, the answer won't be "you, the customer", and that's when you should jump if you're interested. But usually, it's you.

    3. Re:Idiot Lawyer by MBCook · · Score: 1
      Reminds me of a story a teacher told me about two idiots that he overheard one day while he was in the military. They were all the gym on the base (he didn't know them) and the two men were talking about needing to buy a gym membership in town. The second man said he didn't want to pay for it, and the first guy said "Join the gym I did, it's free."

      "Really, it's FREE?" said the second guy?

      The first guy responded "Yeah. You just pay them $25 on the first day of the month, and it's free the rest of the days of the month!"

      The second guy was impressed, and the first guy continued on about how if you paid them $60 on the first of the month, they would let you in for the next 4 months for free, etc.

      No one seems to realize what "free" is these days.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    4. Re:Idiot Lawyer by jafac · · Score: 1

      Tell ya what -
      Back in, oh, 2000-ish, I bought me a TiVo, to record my EchoStar satellite TV shows.

      I felt that having to pay monthly for guide-downloads, ON TOP OF my monthly satellite bill (my satellite box has the damn guide on it), was a scam.

      But the real scam was that Echo Star had obfuscated it's IR remote codes so that the TiVo IR-blaster would not work, and thus TiVo could not change my Satellite channels properly to record shows.
      When I called EchoStar to complain, I did the WRONG thing, and signed up for their recorder box. Then I returned my TiVo and lifetime subscription. (to be fair, the EchoStar box had a 30-second-skip, TiVo only had a ffwd function).

      I still think it's bullshit that a program guide should be a piece of information that costs me, a consumer $10/month.

      I probably should have stuck with the TiVo, because the EchoStar box was a bug-ridden piece of shit - and later became the subject of a class-action lawsuit (software by Microsoft, of course). Ah well, live and learn.

      Eventually, I got sick of paying $60/month for programming that was approximately 30% commercials, 69% crap, and 1% worthwhile programming. So I yanked the dish, and didnt replace it with cable. The kids initially complained. But we now do a DVD-rental service (we've used netflix, and blockbuster, the latter is more convenient, but less selection). Don't miss the force-fed crap one bit, and we spend a LOT less time in front of the boob-toob. The time we DO spend, we enjoy. The only downside is waiting 6 months to see BSG episodes. That's really the only show I feel a desire to see immediately. Everything else I'd like to see, I can wait for. (My son got Mythbusters Season 1 on DVD).

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    5. Re:Idiot Lawyer by jafac · · Score: 1

      If you think about it, commercials are sort of like progressive taxation.

      If a person's time is worth x-dollars per hour (based on what he or she makes), then sitting through an hour's worth of commercials COSTS a minimum-wage burger-flipper a lot less than it would cost, say, the CEO of Exxon, (who makes about $45,000/hour). Yet the product received is exactly the same.

      Isn't that strange?

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  5. Tivo boxes are free now by WebHostingGuy · · Score: 1

    Tivo has a current promotion in which you actually get the box for free.

    --

    On another note, while this is a victory, it is not that much. 73 million does not go a long way now, however, it will stave off the Tivo is dead people because now Tivo will have some operating cash flow (assuming they get it quickly; with appeals, maybe in the next five years).

    --
    Quality Hosting e3 Servers
    1. Re:Tivo boxes are free now by Anonymous Coward · · Score: 5, Insightful

      You miss the point. First off, the jury ruled the infringement was knowingly done, ie, deliberate, so the judge could triple the damages awarded to TiVo.

      But it's not about one settlement from Dish/Echostar. TiVo will make much more money licensing its patents, and selling its software and services. Five years down the road and the money TiVo will be making in new business will make this award money look like chickenfeed. It's about getting TiVo's patents enforced, and getting cable companies and satellite companies to do business with TiVo. It's the legal decision that matters, not the size of the monetary award.

    2. Re:Tivo boxes are free now by Mike_ya · · Score: 1

      You think? In 5 years the cable companies with have dvr's that won't violate any patent infringements if they don't already. DirecTV has stopped selling Tivo based receivers and while Tivo will still provide service for current owners, every year that number will decline, also add in the fact that Tivo and DirecTV has agreed not to sue each other. The only way I see them making money down the road is suing cable companies over their own DVRs. To me that isn't a sound business plan. Tivo missed the DVR boat when cable companies first started introducing them. At one point DVR did equal Tivo, every day that becomes less and less of a fact. In 5 years Tivo will be going out or out of business, bought by a bigger company or in a market very different than they are now.

    3. Re:Tivo boxes are free now by wfeick · · Score: 1

      Personally, my brand affinity for Tivo is higher than it is for DirecTV. I really like my DirecTivos but I wish DirecTV would let me have all the Tivo features. I'm staying with DirecTV for now because of inertia, but when I upgrade to HDTV I'll be dropping them in favor of a cablecard Tivo and downloading as much content as I can through Tivo's broadband service.

      Everyone I know who has tried the home grown cable DVRs comments on how the interface sucks compared to Tivo.

      Tivo may stay a niche / boutique player, but I think lots of us will stick with them for the quality of product they put out.

    4. Re:Tivo boxes are free now by Mike_ya · · Score: 1

      Yeah a lot of current tivo users will stay. The problem is DirecTivos are not being sold/leased anymore, new customers will not know tivo, the same with cable company dvrs. I have a DirecTivo and think it is great. But unless Tivo starts getting into the DVRs being sold/leased/rented now "Tivo Inside", I think the long term prospects for the company doesn't look good.

  6. Oh great.. by Anonymous Coward · · Score: 0

    So I have an EchoStar DVR, this mean the DISH networks goons are going to have to 'upgrade' it?

    1. Re:Oh great.. by Mr+Pippin · · Score: 1

      That does raise an interesting possibility. Will EchoStar negotiate a settlement by shipping Tivo as their DVR management solution in all future units. Basically, DirecTV exits the Tivo relationship, while EchoStar starts?
      It might be more interesting if this gives DirecTV a nudge back to Tivo.

    2. Re:Oh great.. by Babbster · · Score: 1

      It seems like both Dish and DirecTV would have to work closely with TiVo in terms of licensing in order to retain functionality - assuming, of course, that this isn't already happening at DirecTV. But it doesn't necessarily have to just be the satellite companies. Most (all?) of the major cable companies have PVRs available, and if their boxes infringe on TiVo's patents they'd better be getting ready to either downgrade their systems or belly up to TiVo's bar and ordering up some licensing...

    3. Re:Oh great.. by ivan256 · · Score: 2, Insightful

      Unfortuantly, it's more likely that a patent license will be in the works for DirecTV. DirecTV seems more interested in limiting functionality to it's users than Tivo. If I can't Tivo with DirecTV anymore, they'll lose a customer, because their new DVR is just a DVR, it doesn't do what you expect your Tivo to do.

    4. Re:Oh great.. by flafish · · Score: 1

      Direct isn't exiting. They signed another 3 year agreement on Wednesday. It's in the article.

    5. Re:Oh great.. by vendull · · Score: 1

      DirecTV just renewed their contract with TiVo for 3 more years. Its not clear from the story if this means only that they will continue to support existing DirecTivo subscribers for 3 more years, or if they will also continue to provide DirecTivo receivers for sale. I hope it means that they will continue to sell the Tivo units, but I suspect DirecTV wants to sell their own DVRs instead.

  7. More expense for the consumer by John+the+Kiwi · · Score: 1

    Great win for Intellectual Property rights, now the public will have more expensive PVR's.

    Shame there always has to be a trade off :(

    1. Re:More expense for the consumer by Hellad · · Score: 1

      Considering a tivo box is typically going for about $50 after rebate, I am not sure that the trade off is all that big...

    2. Re:More expense for the consumer by Anonymous Coward · · Score: 4, Interesting

      Trust me, the cable DVRs were never really "free". You were paying for it somewhere in your cable bill, anyway. Now, all that will change is maybe a few bucks will go to TiVo, Inc., instead of into the pockets of the cable companies. I doubt anyone will notice the change.

      What is a big plus is that the chances are greatly increased that cable subsribers will have the option of using the vastly superior TiVo software on their cable DVRs (as will soon be the case for some Comcast subscribers), rather than the slapdash piece of crap DVR software that is currently offered to cable subscribers because the cable companies know the customer don't have any choice and don't know what they are missing. That will change, thanks to this legal decision.

    3. Re:More expense for the consumer by homer_ca · · Score: 2, Insightful

      I know it's not free, but most cable company DVRs cost about $10/month extra which is about the same price as Tivo's program guide service. If they're making money at all, it's probably from jacking up the base price of cable TV to subsidize low (possibly predatory) pricing.

    4. Re:More expense for the consumer by PortHaven · · Score: 1

      Everyone talks about TiVo being vastly superior....can someone please tell me how/why?

    5. Re:More expense for the consumer by daeg · · Score: 1

      Late reply, but we use a few different DVRs at work. I currently have a ReplayTV and the user interface is a pain in the ass. Very few things are intuitive, for instance, to change the channel while recording you have to press "stop" on the remote. The "stop" button is a tiny button. Once you press "stop", you have to change the channel again to actually change the channel. To cancel an active recording on a TiVo, you press the big-ass "Select" button. You use the same button for most functions.

      One thing of note over some other DVRs: TiVo UI panels run in both directions. The major screens are up/down, sub screens are left/right. I think more people are comfortable with that, whereas other DVRs (Replay, etc) are generally all up/down panels.

      The TiVo remote has a lot to do with the fan love. You can use a TiVo remote in the dark... there are only a handful of buttons, it fits easily in even small hands, and the buttons are big enough for even the biggest of fingers.

      I think their predictive functions are cool, too. When I tried my cable company's DVR, it refused to stop recording the cable channel's news station (they run their own local 24/7 news channel -- horrible quality, by the way). TiVo, on the other hand, has introduced me to good content. It has made some mistakes (like recording Roseanne...) but three down arrows corrects that straight away.

      Don't forget their online scheduling. I schedule my TiVo from work. I'm not aware of any cable company DVRs that allow that.

    6. Re:More expense for the consumer by DaveJay · · Score: 1

      User experience. The way the remote fits and feels in your hand, the location of the buttons, the sounds the unit makes, the layout of the menus and how you interact with them -- TiVo is "better" in the same way that some phones are "better" than others, or some shoes are "better" than others; it's not necessarily about the feature set, but about the quality of your interaction with the device, and thus harder to quantify.

  8. So, uh by Anonymous Coward · · Score: 1, Interesting

    TiVo's suing competitors for patent infringement rather than trying to outcompete them.

    Is MythTV next?

    1. Re:So, uh by jCaT · · Score: 1

      You know, sometimes the patent debate isn't so cut and dried. In this case, tivo actually has a product that was something new and innovative, as opposed to something like "1-click ordering". IFF MythTV really did infringe on the tivo patents, I might support them- but there's no money in it for them. How much are they going to get off the guys, $19 in loose change and a couple of Arby's two-for-one coupons? Certainly not $78 million!

    2. Re:So, uh by leenks · · Score: 1

      You know, I'm not so sure it was innovative. Buffers have been required for digital video ever since day one, and all this is really doing is implementing a variable length buffer.

      I've seen video tape recorders that can do exactly what these PVRs do aswell - the tape passes the record heads into a "silo", where it packs up much like a dot matrix printer cartridge. When the user wishes to resume playback it resumes by pulling tape out of the silo.

      And that's ignoring the ability of Unix to cat data from a device into a file and then cat the file into another device as it's still recording (monitoring log files anyone?). I'm surprised the judge ruled this way tbh - the patent should have been cancelled.

    3. Re:So, uh by Derkec · · Score: 2, Insightful

      Do you not see a huge qualitative difference between what you just discribed and a tool that lets you schedule television shows to record (by name), records them, manages their deletion, and let's you view them while simultaneously providing a nice 30 minute buffer on live TV?

      This is like saying the mechanisms of a specific electronic calculator shouldn't be patented because man had already invented the abacus.

      I really hope they start selling a service though: Remote control design for dummies. The Tivo remote is just so damn nice compared to the crap Comcast is hoisting on me.

    4. Re:So, uh by Anonymous Coward · · Score: 0

      Sorry. The core is still exactly the same. You lose, just like we are all about to once TIVO starts flexing their legal muscle more and more.

      This sets a bad precidence for software patents...

    5. Re:So, uh by Znork · · Score: 1

      "This is like saying the mechanisms of a specific electronic calculator shouldn't be patented because man had already invented the abacus."

      Actually, it's like saying that adding one plus one on the calculator shouldnt be patented just because it could be done with a calculator instead of an abacus.

      Tivo, while nice, just isnt particularly innovative. It's simply the packaging of various other technologies that just recently became practical for applying in this particular fashion. The ideas have been there forever, it just wasnt very practical when you'd have to maintain a server farm and pay as much as your house cost just to record TV on a computer.

    6. Re:So, uh by leenks · · Score: 1

      I don't see much difference between a tool that lets me schedule television shows to record than the timer facility in my VCR really. To me, tivo was an obvious extension to the things people were doing on PCs with WinTV cards way before TiVo came out. Admittedly we relied on Teletext program schedules, but there was software which could parse the listings and trigger capture of shows of interest. Live TV pausing wasn't an option then because the machines couldn't cope with playback and recording simultaneously, but that was only a matter of time.

    7. Re:So, uh by Anonymous Coward · · Score: 0

      compared to the crap Comcast is hoisting on me.

      You meant foisting.

      http://dictionary.reference.com/search?q=foist
      http://dictionary.reference.com/search?q=hoist

    8. Re:So, uh by Anonymous Coward · · Score: 0

      The question is not is it innovative now, was it innovative (not obvious) when Tivo filed for the patent in 1999 (IIRC)? Also, if you actually read the TIVO patents (by the way note the plural) you will see that they are not the software, but rather the hardware versions, which at the time TIVO did this it was something new. Also in that time frame what was big was VHS tape, DVD recorders were still not generally around so the idea of TIVO was pretty new at that time.

      Also, I am quite sure EchoStar speant a fortune trying to invalidate these patents and were unable to prove they were invalid to a jury.

    9. Re:So, uh by Phillup · · Score: 1

      Is MythTV next?

      If I was Tivo, I'd certainly do what was "legally necessary" to protect my patent.

      But, it *could* be something as simple as granting a "free" license for GPL'd software.

      On the other hand, even if they went totally nuculeer (as Bush would pronounce it)...

      I'd be 100% satisfied with my current Myth system if they completely dropped the ability to watch TV while recording.

      I simply don't watch live TV.

      And, since my Myth system actually dumps files to an NFS server... on a completely different box... there is little chance of infringing the "watch recordings while recording" aspect of the patent.

      --

      --Phillip

      Can you say BIRTH TAX
    10. Re:So, uh by ncc74656 · · Score: 1
      I don't see much difference between a tool that lets me schedule television shows to record than the timer facility in my VCR really.

      Your VCR doesn't automatically adjust itself when a show changes timeslots.

      Your VCR doesn't know the difference between a new episode and a rerun.

      Your VCR doesn't know that some shows appear on multiple channels.

      Your VCR doesn't delete old shows to make room for new recordings.

      In short, your VCR is old and busted. PVRs like TiVo and MythTV are the new hotness.

      --
      20 January 2017: the End of an Error.
    11. Re:So, uh by marct22 · · Score: 1
      It's not like TiVo's standing still. They are continually adding new features that just plain work. It doesn't require a geek to use (MythTV anyone?). Series II added the ability to connect to your pc to access graphics and mp3's. Last month they added weather, traffic, and movie schedules, and you didn't have to download anything, no configuration, it just works.

      That's on top of them trying to protect their copyrights and patents. Should they not sue someone who stole their technology, made some minor tweaks, and sell that tweaked technology? Of course Echostar is going to claim their technology is different. What choice do they have if they don't want to pay TiVo any money?

    12. Re:So, uh by leenks · · Score: 1
      Your VCR doesn't automatically adjust itself when a show changes timeslots.

      Actually, yes it does. In the UK we have this with "PDC" (Programme Delivery Control)

      Your VCR doesn't know the difference between a new episode and a rerun.

      Not entirely sure about that, but for the main part, no it doesn't. I think that possibly PDC and Videoplus contain this information so some people have the ability.

      Your VCR doesn't know that some shows appear on multiple channels.

      In the UK this basically doesn't happen, but some can be set to record all episodes on a particular channel of a programme. Given our programming, that's enough.

      Your VCR doesn't delete old shows to make room for new recordings.

      No, but I'd insert new cassettes. If I was away from home and unable to change cassettes I'd feel extremely unhappy that I was worrying how to record more than 8 hours worth of material tbh.

      In short, your VCR is old and busted. PVRs like TiVo and MythTV are the new hotness.

      Sure - I totally agree. I just don't think it's something worthy of a patent; it's a pretty obvious derivation of existing products IMO. I can also control my VCR via infrared, and certain devices (satellite receiver etc) can control VCR this way too, meaning that I now get the use of the EPG and scheduling facilities in the receiver.

    13. Re:So, uh by KRW · · Score: 0

      Last month they added weather, traffic, and movie schedules, and you didn't have to download anything, no configuration, it just works.

      MythTV had a weather module before TIVO. To bad it wasn't Patented first so TIVO could get sued. TIVO's current inovation is copying others idea.

    14. Re:So, uh by Derkec · · Score: 1

      Yes. That is what I meant. Congratulations on your spectacular linking skills. One day I wish I could be so cool.

    15. Re:So, uh by Znork · · Score: 1

      "The question is not is it innovative now, was it innovative (not obvious) when Tivo filed for the patent in 1999 (IIRC)?"

      It was obvious in the late 1980's, when digital video editing became available. It just wasnt practical due to the hardware limitations. In 1999 it was a nobrainer.

  9. TiVo wins... by PeeCee · · Score: 2, Funny

    FATALITY!

    1. Re:TiVo wins... by Shacky · · Score: 1

      If only /. had a bad comment skip feature :)

    2. Re:TiVo wins... by aztec+rain+god · · Score: 1

      I'm pretty sure it has already been patented.

      --
      Sig cannot be found.
  10. Expected outcome, also expected to be appealed by nsafreak · · Score: 5, Informative

    Well Tivo did win the first trial (or the first battle in the war) but this is far from over. Let's look at a few points: 1) EchoStar posted profits of 1.5 billion for the year 2005. Tivo by contrast hasn't posted any profits and has lost close to half a billion since their inception. So guess who has the bigger pockets? 2) The next court that EchoStar will likely appeal to typically overturns 40% of the lower court rulings 3) Tivo's patent is currently being investigated by the US Patent Office. If they revoke that patent you can pretty much kiss Tivo good bye. It should be interesting to see how this battle continues.

    1. Re:Expected outcome, also expected to be appealed by gad_zuki! · · Score: 3, Insightful

      >>f they revoke that patent you can pretty much kiss Tivo good bye.

      Then so f'n long. Its not the job of the courts to make sure you remain profitable. Especially over their "time warping patent" which in a nutshell is "we patent computers recording tv video for later playback." Uhh, no. Hope you lose. There's a difference between first to market and innovation. They've been nice enough to stay away from MythTV but waiting on the niceness of corporations isn't what I call justice. Tivo's patent should be revoked. Hell, they havent made a profit in years (ever?) so these patents aren't exactly holding them together to begin with.

      I'd rather kiss Tivo goodbye than anything that resembles a tivo (like mythtv) because of silly american patent law. If it takes another silly suit from echostar to question this patent, then all the better. No one else can afford to take Tivo on. There's no ACLU for ridiculous patents to fight the patent abusers.

    2. Re:Expected outcome, also expected to be appealed by MagikSlinger · · Score: 4, Informative

      I do feel sorry for TiVO, but on the other hand, can anyone read the TiVO patents and explain in plain english was exactly they patented? Even if it is just a "method and system" for digitizing video onto a hard-disk for random-access playback by the user, it would qualify as a novel invention in my books. It's just that, well... didn't the broadcast industry have that LONG before we did? And the basic idea of pausing live television was also used by television networks for instant replay which even used a hard-disk (but an analog one, if memory serves).

      I just hope TiVO doesn't get greedy and either tries to become a) an honest corporate citizen and tries to make win-win licensing deals with their competitors, or b) realise that the money is in the "bits about bits" and that their real cash cow is the recommendation service and TV guide.

      --
      The bitter lessons of a veteran coder: http://bitterprogrammer.blogspot.com
    3. Re:Expected outcome, also expected to be appealed by Blakey+Rat · · Score: 1

      Yeah, but Echostar is one of the very few entertainment/media companies I still respect. It's a shame.

    4. Re:Expected outcome, also expected to be appealed by gad_zuki! · · Score: 3, Insightful

      >>novel invention in my books. I

      Take videotape out. Check. Put hard drive in. Check. Get patent. Check. Novel invention?

      Recording television and watching it later. Hmm. I was doing this as a kid on my dad's old Betamax in the early 80s. Lets not push it here. Its a shame that companies like google and tivo have this geek halo around them, where we all just decide to give them a severe double standard. I'm certain if MS had this patent blood would be spilled by now.

    5. Re:Expected outcome, also expected to be appealed by Anonymous Coward · · Score: 0, Troll

      You're spewing FUD.

      It's routine to "investigate" patents when they come under dispute in legal cases, so whatever the US Patent office is doing does not mean squat unless they actually invalidate TiVo's patents, which is extremely unlikely.

      As for being reversed on appeal, that is unlikely as well. If you have been following the case you will realize how solid TiVo's case is. There are no weak points that are going to make a reversal on appeal likely.

      As for your talk about who has "deep pockets": that's more bullshit FUD. TiVo has more than enough money to fight this case on appeal as far as Echostar wants to take it.

      TiVo picked this patent fight with Echostar because it was an open and shut case: Echostar was by far the easiest target and most flagrant violator of TiVo's patents to go after. TiVo was smart: they didn't sue everyone in sight who were arguably violating their patents, they waited until they had the closest thing they could get to the perfect case.

      Echostar has lost, will lose, will continue to lose, until they are finally forced to face reality.

    6. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 2, Insightful

      Could you record to and playback from random locations on that video tape at the same time? No? Well then they did way more than replace a tape with a drive, didn't they?

      You try taking a hard drive from 1997 and recording and playing back MPEG2 data in real time simutaniously on it. You already know they figured it out, and it would still be a challenge even if you were an expert (which it seems fairly clear you aren't since you con't grasp the complexity of the problem).

    7. Re:Expected outcome, also expected to be appealed by Anonymous Coward · · Score: 0

      Well...the problem is that even if Tivo patented "digitizing television recordings"...they wouldnt be able to fight Dish Network.

      Dish network doesnt "digitize live TV"....Dish sends out its signal in a digital format already. All DishNet does is buffer the video onto a hard drive.

      The technology behind DishPVR and Tivo is remarkably different. The only similarity between the two technologies is that they "put" TV onto a harddrive. They do it in completely different ways and they have completely different interfaces.

      I completely agree that Tivo should fight for its patent rights....but unless Tivo holds the patent on harddrives....I think they are barking up the wrong tree.

      Just watch....this will eventually fail.
      Tivo might be able to go after the cable companies....
      but since Dish is operating in a completely different technological sphere(direct broadcast satellite using a digital signal vs. analog signal over terrestrial wires) I think this is silly

    8. Re:Expected outcome, also expected to be appealed by Waffle+Iron · · Score: 2, Insightful
      You try taking a hard drive from 1997 and recording and playing back MPEG2 data in real time simutaniously on it. You already know they figured it out, and it would still be a challenge even if you were an expert (which it seems fairly clear you aren't since you con't grasp the complexity of the problem).

      The difficulty of that in 1997 was a function of the crappy hard drives of the day. But what does that have to do with the current situation? TiVo's patent is still in force for hard drives that can easily handle a dozen streams. Today, on any linux box with a MPEG capture card I could type:

      $ cat /dev/video > foo.mpg &
      $ mplayer foo.mpg

      (now hit spacebar to pause and unpause video)
      ...and I'd be violating this patent. That wasn't hard at all. The problem isn't complex.
    9. Re:Expected outcome, also expected to be appealed by alienw · · Score: 1

      Patents aren't there for recognizing good engineering. They exist for protecting new and nonobvious inventions. It's rather obvious that a hard drive can be used for recording and playing back video, and using it to time-shift video is an obvious application, especially given the existence of VCRs.

      As for the difficulty of doing it: it's not difficult at all, and in any case this is not relevant to the patent. They didn't patent a method of using a slow hard drive to time shift video. They patented any generic tivo-like device. In fact, your MythTV box infringes that patent, as does any time-shifting application for your computer.

    10. Re:Expected outcome, also expected to be appealed by sh00z · · Score: 2, Informative
      TiVo picked this patent fight with Echostar because it was an open and shut case
      I'm on TiVo's side on this one, but your assertion is false. If it were an open and shut case, TiVO would not bave thought it necessary to bring suit in the most plaintiff-friendly venue in the country: BFE, Texas.
    11. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 1

      So because the complexity was abstracted away for you by millions of lines of code and millions of dollars of hard drive R&D, the problem isn't complex?

      Let me try my hand at one of these examples of yours:

      Today on any Tivo I could:

      Push "Live TV"
      Push Record
      (now use the pause button to pause and unpause video)

      That wasn't hard at all. The problem isn't complex.

      Nevermind the fact that linux is only capable of doing that today because many people (including Tivo) changed many things about how pipes, filesystems, VM, and disk scheduling work in the hundreds of thousands of lines of kernel code that make those commands possible... And forget completely that you have a complex hardware encoder that makes that first command you used possible...

    12. Re:Expected outcome, also expected to be appealed by GuyverDH · · Score: 1

      Well, probably not even the cable companies, as their units just record digital data as well.

      No digitization to do this.

      There's even talk of cable companies hosting the PVR unit on their end (essentially holding the programs on hard disks, so that users can select what they want to watch, when they want to watch it).

      --
      Who is general failure, and why is he reading my hard drive?
    13. Re:Expected outcome, also expected to be appealed by Waffle+Iron · · Score: 1
      So because the complexity was abstracted away for you by millions of lines of code and millions of dollars of hard drive R&D, the problem isn't complex?

      Those millions of lines of code and R&D efforts were made by parties who aren't TiVo. Why should TiVo get a 20-year monopoly based on the fruits of other peoples' work?

      I'll reiterate since in your posts you fundamentally fail to grasp it: TiVo didn't do any of the work to make this possible. They didn't create any hard drives. They didn't design any MPEG chips. They don't deserve a monopoly on the results, but due to the way our patent system is implemented, they have that monopoly just because they were the first to run down to the patent office and file their land grab.

      You've pointed out that back when TiVo got started, it was "really hard" to get it to work. So what TiVo deserves is a patent on the now irrelevant problem of how to get recording to work on hardware that barely supports it. But that's *not* a patent on the whole concept of simultaneous record/playback.

    14. Re:Expected outcome, also expected to be appealed by Surt · · Score: 1

      A company I worked for had a system that did this in 1995 (ICTV). But the hardware all resided in the cable headend, so maybe tivo's invention was different enough somehow?

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    15. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 1

      This was a lawsuit about how Echostar used Tivo's methods to get this stuff to work on hardware that barely supports it, not about your MythTV box, or your shell script. They're not abusing their patent. You can't fault them for technology moving faster than the patent system.

    16. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 1

      Those millions of lines of code and R&D efforts were made by parties who aren't TiVo. Why should TiVo get a 20-year monopoly based on the fruits of other peoples' work?

      The things that make it easy for you to do this on your linux box came *after* Tivo got their patent and made it work. They got their monopoly based on work they did, not work other people did.

      Additionally, there's a good chance hard drive wouldn't have developed the way they did if it weren't for Tivo. Hard drive manufactures are very customer centric. If there wasn't a demand for drives that were good at multi-streaming, they wouldn't have developed those features, and would have worked on something else instead.

      TiVo didn't do any of the work to make this possible.

      Also, that's not true. They worked with hard drive manufacturers to make drives more suitable. They released code as open source that was re-incorporated in the Linux kernel. They did the integration work and proved the concept so that all those future people would even bother to try.

      It sounds like you have a problem with the patent system, not with Tivo. Maybe you don't like that the first person to file gets a monopoly on the tech, but there's a damned good chance that there wouldn't be a slashdot for you to post to, or a computer on your desk for you to post it from if that patent system wasn't there.

    17. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 2, Insightful

      They exist for protecting new and nonobvious inventions.

      Recording and playing back video at the same time from the same hard dirve was both new and non-obvious when they filed the patent. I don't know why it's so hard for you to see that. There were plenty of experts in the field... People who made non-linear digital editing stations, etc... None of those people thought of it. There are other people who were making DVRs at the time, Echostar for example, and they didn't think of it until they had a Tivo to play with (their DVR could only play back when it wasn't recording).

      How does that not qualify as non-obvious? What does qualify as non obvious to you? Not only wasn't it obvious that it was possible, but it wasn't obvious that you'd want to do it, until somebody did.

    18. Re:Expected outcome, also expected to be appealed by Insightfill · · Score: 1
      Well...the problem is that even if Tivo patented "digitizing television recordings"...they wouldnt be able to fight Dish Network.

      Some of the patent issues in the case were actually that of interface, as well. It wasn't that TiVo was just doing something, but how they were communicating that back to the user. Much more the clincher in this case is that many of the things that TiVo claimed infringement on were things that they had exposed Dish to in licensing meetings that eventually failed.

      Earlier post detailing each patent.

      Earlier post detailing a particular item and how it was presumed "stolen."

    19. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 2, Insightful

      Or maybe you should have patented it?

    20. Re:Expected outcome, also expected to be appealed by Surt · · Score: 1

      Perhaps, we had a fair number of patents. This tech in particular seemed too straightforward, it didn't occur to me to put it into the patent process.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    21. Re:Expected outcome, also expected to be appealed by Waffle+Iron · · Score: 1
      They got their monopoly based on work they did, not work other people did.

      They got their monopoly due to fundamental flaws with the way the patent system is implemented, including a total breakdown of the concept of "obviousness" that has occurred over the past 25 years.

      Like I said, the USPTO should have granted them a patent on any clever tricks they used to get their system to work on crummy hardware. The patent office should *not* have given them a wide-ranging monopoly on the idea of reading and writing a file at the same time. No, I can't blame TiVo for grabbing the handouts the government is offering them, but that doesn't make the situation right or fair.

      Additionally, there's a good chance hard drive wouldn't have developed the way they did if it weren't for Tivo.

      That's just silly. A hard drive basically has 2 attributes: speed and capacity. Both of these have been increasing exponentially for almost half a century, and will continue to do so. It didn't take TiVo to come along and tell them to keep up the good work.

    22. Re:Expected outcome, also expected to be appealed by jbr439 · · Score: 1

      But writing and reading data at the same time from the same hard drive was neither new nor non-obvious, no? The fact that the data in question is video data seems like a logical extension. It's like putting the word "Internet" in a common business practice and getting a patent on it.

      As for whether it was obviously possible - as long as the hard drive and other hardware were sufficiently spec'd, then why would that even be a question?

      And as for whether it wasn't obvious that you'd want to do it - I don't believe that has anything to do with the patentability of an "invention"

    23. Re:Expected outcome, also expected to be appealed by Phillup · · Score: 1
      Today, on any linux box with a MPEG capture card I could type:
      $ cat /dev/video > foo.mpg &
          $ mplayer foo.mpg
       
          (now hit spacebar to pause and unpause video)
      ...and I'd be violating this patent.

      No, you would not.

      Because you did not split the stream into it's video and audio components, and then reassemble them when called for while maintaining sync between the video and audio.

      That is a major component of the patent, btw.

      And that really is what this case is all about.

      If you want to solve the problem, do it your own way... but don't do it the way Tivo did.

      EchoStar worked on the problem, and didn't manage to figure out a solution until they studied Tivo's design. And, their solution mimics Tivo's solution.

      So... berate the patent system all you want.

      But, what EchoStar did was not right... by any yard stick.
      --

      --Phillip

      Can you say BIRTH TAX
    24. Re:Expected outcome, also expected to be appealed by Phillup · · Score: 1

      Much more the clincher in this case is that many of the things that TiVo claimed infringement on were things that they had exposed Dish to in licensing meetings that eventually failed.

      More specifically, EchoStar tried to solve the problem and their system would not work... until they studied Tivo's system.

      --

      --Phillip

      Can you say BIRTH TAX
    25. Re:Expected outcome, also expected to be appealed by GooberToo · · Score: 1

      Could you record to and playback from random locations on that video tape at the same time? No? Well then they did way more than replace a tape with a drive, didn't they?

      That's the advancement in technology and associated market demands, not the distinction between a patent being granted. If you could have done so with tape, it would have already been so. The idea is hardly novel or unique. People had long been talking about this type of thing before I ever even heard of Tivo. The thing that prevented it was cost effective technology (expensive hard drives and even more expensive encoder/decoders), not the lack of desire or idea. Tivo's patent is BS.

    26. Re:Expected outcome, also expected to be appealed by Waffle+Iron · · Score: 1
      If you want to solve the problem, do it your own way... but don't do it the way Tivo did.

      TiVo also owns exclusive rights to patent #5,241,428. Claim 1 of that patent is incredibly broad, and my example clearly violates it. There is no legal way to "not do it the way TiVo did".

    27. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 1

      You actually didn't have to patent it... Just tell some people it existed. Then it would have been prior art. But then again, I don't know exactly what it is that the device you're talking about did, if it was really similar to the tivo patent or if it even really existed. Most companies that develop technology and employ more than a dozen people have an employee who's job it is to remind the engineers that things they think are trivial are actually patentable.

      Sounds like you dropped the ball.

    28. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 1

      But writing and reading data at the same time from the same hard drive was neither new nor non-obvious, no?

      That statement has a lot in common with others in this thread. When you generalize, you leave off details. The details are the important part. The patent isn't for "reading and writing data on a hard drive at the same time 'with video'" like most 'on the internet' patents. It was for a specific way of handling more data than would normally be possible to read and write at the same time. It describes a very particular pattern of caching and IO based on the drive's capabilities. It's almost irrelevant now, because hard drive performance has increased so much. You could likely implement DVR technology without violating the patent these days. This lawsuit wasn't about now, though, it was about then. Tivo isn't suing somebody who worked around the patent, they're suing a company that couldn't get their device to work until they blatently copied the technology in a Tivo box.

      And as for whether it wasn't obvious that you'd want to do it - I don't believe that has anything to do with the patentability of an "invention"

      That's the part that makes it novel.

    29. Re:Expected outcome, also expected to be appealed by Surt · · Score: 1

      Well, that company was never very competent anyway. It was my first job, and I left when it became sufficiently obvious to me that they were a dotbomb. They'll exist forever because one of the Lauder heirs built it, and it's sort of his toy company, but the management isn't in good shape. And personally, I think patents really only ought to be granted on really innovative ideas (if at all), and I certainly wouldn't consider such a simple concept innovative. I mean it took 3 engineers shooting the breeze 10 minutes to think up, and a team of 8 engineers all of two weeks to implement. I guess the patent office would have granted us a patent on it, but I don't think they should have. The patents we did get were on much more interesting/complicated 'inventions'.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    30. Re:Expected outcome, also expected to be appealed by Phillup · · Score: 1
      TiVo also owns exclusive rights to patent #5,241,428. Claim 1 of that patent is incredibly broad, and my example clearly violates it. There is no legal way to "not do it the way TiVo did".

      Well, it must not be so clear if your example doesn't really do what they are claiming.

      In claim one they say:
      means for controlling operation of said means for storing and said means for playback such that said converted signal can be continuously stored on said storage medium during either continuous or intermittent reconstitution of the stored signal as a video signal, whereby a user can control a variable delay between the storage and playback of a particular portion of a given video signal
      Did you actually try your example? Go ahead, I'll wait...

      Back yet?

      OK... what happened when you got to the end of the file and "caught up" with the live recording...

      I'll give you a hint: exiting... end of file

      You see, Tivo has this nifty *variable* delay feature. And that is what they patented. And it covers little things like "catching up" to the live data stream (variable delay = 0) and having the stream continue to grow.

      Your example doesn't do that. Playback stops when the delay = 0.

      Tivo doesn't stop playing...
      --

      --Phillip

      Can you say BIRTH TAX
    31. Re:Expected outcome, also expected to be appealed by Waffle+Iron · · Score: 1

      Where in the claim does it say that it has to not exit if you skip to past the end of the file? Variable delay works just fine in the example if you don't do that.

    32. Re:Expected outcome, also expected to be appealed by alienw · · Score: 1

      It's extremely obvious. Any good cassette tape deck can record and play at the same time (you can monitor your recording). Guitarists have used tape delays for about 40 years now. A hard drive is a random access device, so it's rather obvious that this could be done. Furthermore, things like this were being done for decades, even with video. How do you think a TV station does live broadcasts? There is always at least half a minute of delay there.

      Just because it wasn't obvious to you doesn't mean it's a nonobvious invention. It has to be nonobvious to an expert in the field. I think anyone familiar with video could predict this from a mile away.

    33. Re:Expected outcome, also expected to be appealed by alienw · · Score: 1

      Sounds to me like the patent is a lot more broad than you think. Don't forget, you can't determine the breadth of a patent just by reading it, you have to actually look at the court decisions. I doubt Tivo's stock would be going up 10% if the patent was worthless and easily circumvented.

      That's the part that makes it novel.

      Sure, it's novel. But it's also extremely obvious.

    34. Re:Expected outcome, also expected to be appealed by Phillup · · Score: 1
      Variable delay works just fine in the example if you don't do that.

      The key word here is: delay

      Your "variable delay" is "working" as a side effect. In reality, you don't have variable delay. That is why you can't set the delay to zero.
      whereby a user can control a variable delay between the storage and playback of a particular portion of a given video signal
      Their patent is a variable delay between the storage and playback. What you have to remember is that storage is the recording that is happenig in real time. They are working off the end of the file and varying the current position relative to that.

      Thus the use of the word 'delay'... as in... delayed from real time.

      When watching the recording the variable delay amount remains constant. (What is happening to the "variable delay" in your example... what are you delaying in reference to?)

      When paused the variable delay amount increases, because the file is growing as new material is recorded.

      When forwarding and rewinding the delay amount decreasses or increasses by the amount of movement summed with the amount of file growth.

      This is the meat of *their* solution to the problem, tracking relative to the end of the growing file instead of the more traditional means of seeking from the beginning or following linked lists (tho they do this also it seems).

      Your solution does not infringe because you are not seeking in a manner that tracks the actual recording, and thus the end of the file... your solution can't even account for the file growing after you reach the end.

      Granted, you have managed to watch a show with a slight delay while recording... but that isn't an infringement in and of itself.

      --

      --Phillip

      Can you say BIRTH TAX
    35. Re:Expected outcome, also expected to be appealed by Phillup · · Score: 1

      Now... to reply to myself.

      Your solution does not infringe because you are not seeking in a manner that tracks the actual recording, and thus the end of the file... your solution can't even account for the file growing after you reach the end.

      This statement is said as a technologist that can tell the difference between implementations and tell that they are not the same.

      However, the judge in this case instructed the jury concerning the "doctrine of equivalants".

      I'm not sure how this affects things in the real world with stupid people.

      --

      --Phillip

      Can you say BIRTH TAX
    36. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 1

      I think it's less obvious than you think, because it's a harder problem than you seem to understand. All the examples you gave were linear. Random makes the problem much more difficult, and the performance of the device much, much lower. Let's put it this way: It seems it's not obvious to you how non-trivial of a problem it is. You, however, picked exactly the wrong person to accuse of not being an expert in the field, since I make my living as a low-level storage driver and performance engineer.

      I've done crazy stuff with hard drives. I've written journaling code that precicely times the rotation of the disk so you can optimize your scheduling to write to the sector that is on it's way by the head and avoid the rotational latency. (The hard part there is figuring out exactly how fast your disk is spinning with enough accuracy... 15,000 RPM plus or minus 2% makes it tricky). If you're doing something like a tape delay, or playback during recording, you can do many thousands of IOPS on even the crappyiest of low end drives if you're clever. Want random access? You're down in the very low hundreds or double digits unless you pull some fancy, decidedly non-obvious tricks.

      People who think what a Tivo did with what was available at the time really don't have an appreciation for how non-trivial it is to squeeze performance out of a rotational disk, and how much work went into your OS of choice to make the performance only kinda suck. It's not beyond the realm of comprehension for an expert, but that's a far cry from obvious. Hell, the only reason it works with things like MythTV without jumping through hoops is because computers have so much memory for cache in them these days.

      I guarantee you that the first words out of every good storage engineer who saw a Tivo for the first time and realized there was only a single spindle in side were "How does that work?", and not "I know how that works."

    37. Re:Expected outcome, also expected to be appealed by KRW · · Score: 0

      > Hell, the only reason it works with things like MythTV without jumping through hoops is because computers have so much memory for cache in them these days.

      Funny that MythTV only requires 256MB of ram..... That's very little for running the OS, backend services, Myth frontend & backend while leaving so much for cache as you say! Take a look at Myth's hardware requirements....

      Memory
      A MythTV host that is both a backend and a frontend and using software encoding with a single capture card should run adequately in 256MB of RAM. Additional RAM above 256MB will not necessarily increase performance, but may be useful if you are running multiple encoders.


      And then rember back when TIVO came out (1999) 256MB of ram was not uncommon. The motherboard I used back in 1997 could take 512MB but as I recall I had 256MB.

      You need to find another reason why MythTV works so well...(Unless you believe 1997 is "These Days"). By the way have you ever used MythTV to be such a critic?

    38. Re:Expected outcome, also expected to be appealed by ivan256 · · Score: 1

      256MB of RAM is a *HUGE* amount of RAM. The original Tivos ha 16MB.

      And then rember back when TIVO came out (1999) 256MB of ram was not uncommon.

      256MB was really high end in 1999. It was absolutely unheard of in an embedded device.

      By the way have you ever used MythTV to be such a critic?

      Whoever said I disliked MythTV? I think it's great.

  11. "multimedia time warping system" by Cthefuture · · Score: 4, Interesting

    What the hell kind of patent is that?

    What kinds of patents does TiVo actually have? Are things like MythTV at risk?

    I have been considering writing my own Myth-like software. I would hate to get it shut down because of some stupid GUI patent or something.

    --
    The ratio of people to cake is too big
    1. Re:"multimedia time warping system" by pete-classic · · Score: 4, Funny

      It's just a jump to the left . . .

      -Peter

      PS: Here I go again, proving there should be a "-1: I don't get it" moderation option.

    2. Re:"multimedia time warping system" by ph4s3 · · Score: 1

      And then a step to the right...

      -Chorus

      PS - Surely everyone in the US knows of which you speak. They'd have to have been living under a rock for a few decades to not get that.

    3. Re:"multimedia time warping system" by aesiamun · · Score: 1

      Amazingly, my girlfriend has never seen it.

      I was shocked when I found out on Halloween when I was watching it and she asked what it was...

    4. Re:"multimedia time warping system" by Richard+Steiner · · Score: 1

      Heh. My wife has all the lyrics memorized (she knows the movie a lot better'n I do).

      --
      Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
      The Theorem Theorem: If If, Then Then.
  12. I have a Dish Network PVR (721)... by MrFrank · · Score: 5, Informative

    ... and it's not a TiVo. It's a VCR that uses disk instead of tape to do it's recording. Yeah you get the benefits of a random access storage medium, so you can watch whil you record and pause, etc.

    But is doesn't have the nice features that TiVo has. I can't record all episodes of a certain show, I can only give it a time to record (and it doesn't auto adjust if a game goed long). I can't tell it to record everything for a certain actor. Amongst other things.

    Now I never used a TiVo, but from what I have been told, the Dish PVR doesn't compete.

    1. Re:I have a Dish Network PVR (721)... by LordPhantom · · Score: 1

      What, do you have the ghetto Dish PVR or get hosed by your sales guy?

      I have the Dish 522 and -love- it. It records "new episodes" or all, or just some. Has priority scheduling, 2 tuners (record 2 shows at once while watching something else), etc, etc.

      I may have to respect TiVo's patents, but I can't help but thinking that laywering up because you set your pricepoint too high for the cable companies to buy your technology really sucks for most TV consumers.

    2. Re:I have a Dish Network PVR (721)... by bradkittenbrink · · Score: 1

      Generic DVRs certainly don't compete with Tivo's flagship products, but there are lower cost, and non-subscription based Tivo products that lack all of those "Tivo features" you just described. Just because Tivo has a reputation for all of their whiz-bang features doesn't mean that these cheaper imitations don't compete with them.

    3. Re:I have a Dish Network PVR (721)... by Anonymous Coward · · Score: 0

      I have a Dish PVR 625, it has the feature to record all shows and you can even give it the option to record only once, record only new shows and stuff like that. The feature is called DishPass.

    4. Re:I have a Dish Network PVR (721)... by HolyCrapSCOsux · · Score: 1

      I have 2 of the DirecTV Tivos (1 SD & 1 HD). My Brother in law has Dish. You are right. NO comparison.

      --
      0xB315AA8D852DCD3F3DCA578FD2E0BF88
    5. Re:I have a Dish Network PVR (721)... by Anonymous Coward · · Score: 2, Informative

      Having seen and played with EVERY Dish PVR, as well as Series 1, Series 2 and DirecTV Tivo units, I can say hands down that the Dish Network boxes are big huge steaming piles compared to ANY offering by Tivo. It's not even close.

      Dish has gotten better, but they haven't even come close to the Tivo yet.

      And yes, I am the current owner of 2 DirecTV Tivo units. I bought them after evaluating both Dish and DirecTv's DVR options.

    6. Re:I have a Dish Network PVR (721)... by kb7oeb · · Score: 1

      Sure the 721 doesn't have dishpass but it doesn't have the $6 a month DVR fee nor is it subject to the $5 monthly fine for not connecting the phone line.

    7. Re:I have a Dish Network PVR (721)... by just_another_sean · · Score: 2, Informative

      I also have a Dish Network DVR and I *can* tell it to record all episodes of a certain show. I can set a timer for just a certain time slot/channel (e.g. Simpsons, Sunday night 8:00) or as I like to do with Adult Swim, tell it to find all episodes of Harvey Birdman and record those (Adult Swim is famous for their schedules being out of sync with the guide, which is what my DVR seems to go by when scheduling things).

      And my wife, a big fan of 24, set a timer that records all episodes of 24, regardless of time and channel. She get's reruns from A&E (It think, from somewhere anyway) and the new ones on Monday night.

      Finally there is a feature called "Dish Pass" that allows you to search for a keyword and then record all related programming. I don't like this one though because it can be a little overzealous if you're not careful. (a search for Venture Brothers turned up Jack Hannah's Animal Adventure for example).

      I would guess that I just got mine later the you...

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    8. Re:I have a Dish Network PVR (721)... by MrFrank · · Score: 1

      When I signed up for Dish Network, 5 years ago, I paid extra for the 501.

      When my house gto hit by lightening and took out the 501 I got a 721 because a) I was too cheap to pay the $5 a month just to keep the same functionality that I had before b) I couldn't get a good deal on a new reciever because I was not a new customer.

      B) really pissed me off. I was a good customer for 3+ years and I couldn't get the new customer pricing on the PVRs. And I wasn't going to pay $999 for the HD PVR and $599 for the non HD reciever (when the 721 was essentially the same sans $5/month fee). I would have moved to DirectTV and got the TiVo but my wife was used to DishNetwork and liked the setup.

      The went with the 721 because it has 2 tuners so I can record two shows at once, and watch a recorded show as well. I also does PIP. It does not have name based recording (AFAIK) nor does it have episode recording (again AFAIK). But it does do everything I want it to do. The only shows we record are Oprha, Dr. Phil (both my wifes selections), Amazing Race, and CSIs. They don't change their time slots too often so the features I have a sufficent.

      By the way. I am working on putting together a MythTV system that will use two 311's (yep they got me for the extra %5/month) as two inputs and two HD OTA tuners as two more inputs. It will have a MythTV back end so I can watch any of the shows anywhere in the house with a frontend at that location. Plus put all of my DVDs on it as well. This is still a ways off, I need to get the funding approved by the wife, and right now the amount of storage I want would make it too expensive (I have two kids to clothe and feed).

    9. Re:I have a Dish Network PVR (721)... by LordPhantom · · Score: 1

      So what?
      I wasn't saying that the Dish PVRs are better than TIVO, just that they're not as craptastic as the parent would claim.
      Furthermore, as I've said, I've had over 2 years of great service out my 522 that I rent for less than the subscription cost for TIVO (afaik) and definitly less than the purchase price would be.
      "Advanced Feautres"? I'm not sure what more you'd want than "record this show whenever it's on/record this show when it's a new ep only", priorities, manual timers, etc,etc. Sure TIVO may be a -better- piece of harderwwwaaaaaaaaaaaaaaaaaaaaaaaaaware, but better isn't always needed and that's really the point - I'm totally uninterested in paying 16.95/month for THREE YEARS of commitment - I can get Dish and a basic package for twice that that includes programming (the box being 5$/month) and only a year of signed service.
      TIVO may be 'better', but only in ways that are unneeded, and frankly at the cost that they charge I'll just build my own damn box - you can buy a lot of parts for 16.95x12x3 (610.20 for those of you bad at math) and even if you don't want to, you can get a servicable PVR for $180. Tivo is better? It damn well better be for 500$ more.

    10. Re:I have a Dish Network PVR (721)... by LordPhantom · · Score: 1

      Exactly right. Everyone on here who seems to be a fan of TiVo acts like they drive volvos and wouldn't touch a bottle of wine under $200. Yes, TiVO has more features. Over a 3 year period it also costs 500 dollars more to rent (based upon the rental agreement on their website) than a better dual tuner DVR from DISH.
      Me personally, I'd rather spend that $500 on my computer hardware or half a dozen other more useful things than a few bells n' whistles on a DVR I don't even own.

  13. I hope this is upheld in the Appeals court. by ingoldsby · · Score: 4, Insightful

    This was one patent I wanted to be upheld. Tivo put a lot of work into getting DVR's off the ground, and the have a rabid fanbase but almost nothing to show for it. Tivo makes a great product, I'm glad they won the first round and hope that this is the start of really good things for the company. As someone who has used the knock off's they sure didn't do a good job knocking them off, their product sucks. That said - I know a few people who absolutely love my tivo's but are content just getting by with the cable companies DVR because it only costs $6/month, which is exactly what this lawsuit is about. Sure did make my purchase of stocks last Friday pay off :)

    1. Re:I hope this is upheld in the Appeals court. by Lehk228 · · Score: 1, Insightful

      tivo sold out their customers rolling out a broadcast flag type system and only stopped because they got caught.

      they can die in a fire.

      --
      Snowden and Manning are heroes.
    2. Re:I hope this is upheld in the Appeals court. by PortHaven · · Score: 1

      Hey, you ever fly on a Wright Brothers, Inc. jumbo jet?

      Nope...

    3. Re:I hope this is upheld in the Appeals court. by ingoldsby · · Score: 1

      I wont even bother to answer that.

      I will however quote this from Wikipedia for you: "The Wrights were involved in several patent battles, which they won in 1914. Wilbur died from typhoid fever in 1912, an event Orville never completely recovered from. Orville sold his interests in the airplane company in 1915."

      It seems to me that their patents held up fine, which is what is relevant to this discussion.

  14. Mixed Feelings by logicnazi · · Score: 5, Insightful

    On the one hand I'm happy to see a company that created a truly new product be rewarded.

    On the other hand I'm not sure that what TiVO did wasn't obvious. Using a HD rather than a videotape was surely obvious and automating the process of recording shows is not only obvious but far from original. All TiVO did is put both of these things together in a convient package and I find it hard to formulate any principled rule that would call TiVO's developments non-obvious but NPT's blackberry patent obvious.

    The difference seems only to be that geeks like TiVO and TiVO hasn't being suing individuals who decide to set up their computers to tape shows for them. But if they do get their patent enforced that is exactly what they *could* do in the future.

    In the end I tend to think the TiVO patent should have been rejected as obvious. However, I think the only reason TiVO didn't make money is the monopoly cable companies and satellite companies have on their markets. When data service becomes the commidity everyone buys and there is free competition amount content providers on an open protocal companies like TiVO won't be shut out by monopolists who can make it difficult for TiVO to penetrate their markets.

    --

    If you liked this thought maybe you would find my blog nice too:

    1. Re:Mixed Feelings by Anonymous Coward · · Score: 0

      That's hardly all they did. And I, personally, think that the automatic correction for overshoot feature is one of the most non-obvious-until-done things I've seen in a while. I wish my Comcast DVR did it. (Yes, I have a Comcast DVR. I also have a 2nd-generation TiVo. The TiVo has better software, the Comcast box better hardware (well, two tuners vs. the TiVo's one). I record three things at the same time, you see.

    2. Re:Mixed Feelings by Anonymous Coward · · Score: 1, Informative

      Ugh. Everyone who keeps saying "all they did was take a VCR and replace the tape with a hard drive" should be taken out and shot. Or at least hit with a cluestick or something. You may not like the patent, but at least try to make a minimal effort to understand what it is.

      A hard disk VCR is not what TiVo's time warping patent is about. Not getting into the technical details, but essentially the patent applies to recording and playing back, simultaneously, TV content to and from a hard drive. You can't do that with tape.

      There are also other technical details in the patent, but that's the crucial point to understand. This patent is about a lot more than replacing a tape with a hard drive. Show me a tape that will allow you to watch a TV show on tape at the exact same time you are recording the TV show to that very same tape. Ain't no such animal.

    3. Re:Mixed Feelings by Anonymous Coward · · Score: 0

      Using a HD rather than a videotape was surely obvious

      You cannot play something back from a videotape, and record to the same videotape, at the same time.

      People make it seem like this is easy and obvious. It took a lot of work for the TiVO engineers to make this work, dedicated hardware and software, this is real-time processing requirements.
      And Echostar took a TiVO box, reverse engineered some of it, and sold it as their own.

      And now they got bitch-slapped for it. Good for the courts, good for TiVO.

    4. Re:Mixed Feelings by theJML · · Score: 1

      Using a HD rather than a videotape was surely obvious

      People make it seem like this is easy and obvious.


      I hate to say it... but it is both easy and obvious. But that doesn't mean you can't get a patent for it, nor does it mean that the patent should not be upheld. I think this is a great day for patent law and a great day for Tivo. They said "Hold on, that's our idea, we had it, announced it and followed through with it first and here's our proof!" and deserve that credit and some kick back from everyone that wants to put an offering out using that patent.

      I mean, come on, if MS can get this patent, #6,727,830: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm &r=1&f=G&l=50&s1=6,727,830.WKU.&OS=PN/6,727,830&RS =PN/6,727,830 then that proves that being easy and obvious doesn't mean you can't get a patent.

      --
      -=JML=-
    5. Re:Mixed Feelings by ivan256 · · Score: 1

      At the time TiVO came out, doing what they did with the hardware available was hardly a small feat. Sure, now it seems easy, because we have much faster hard drives and computers. Back then it was amazing, and decidedly non-obvious that you could get commodity hardware to do that (playback and record at full speed at the same time, that is).

    6. Re:Mixed Feelings by MindStalker · · Score: 1

      I find it hard to formulate any principled rule that would call TiVO's developments non-obvious but NPT's blackberry patent obvious.

      One major difference in my mind.. TiVo created the idea of a harddrive as a replacement for the VCR, and NPT created the idea for email from a handheld device. Both semi novel ideas, but ideas others have thought of before. TiVo created a great product that implemented this idea in a truly novel way that created MANY copyers. NPT created an idea and sat on it.

    7. Re:Mixed Feelings by stmfreak · · Score: 1

      In the end I tend to think the TiVO patent should have been rejected as obvious.

      But it wasn't obvious when Tivo started. Otherwise, we would have already had it. Computers have been around for decades now. So have hard drives, video encoders/decoders, etc. All the parts were there, but the innovative idea to put them together in a new way and CHANGE the way we watched television... that was worth a patent.

      And I mean "we" the masses, not "we" the bright hobbyists who were already dabbling with video capture at home, but not sharing the technology. Patents reward ideas that can be brought to market, not merely ideas.

      Sure, now that it's been done it's easy to replicate independantly since all the parts and integration work are fairly obvious. But if someone (Tivo) hadn't gone out on a limb to build the first units and take on a lot of RISK to ship and sell those, we might never have found out what it was like to pause live TV.

      So we have to reward them with a patent and allow them to reap the windfall for a few years or we stifle innovation and creativity in the future.

      Way to go Tivo!

      --
      These opinions guaranteed or your money back.
    8. Re:Mixed Feelings by logicnazi · · Score: 1

      Fine then give them a patent on making commodity hardware circa year such and such do this. If the non-obvious part of their design was just coding well enough to make it work with current hardware then they can have that patent but it would be totally worthless.

      This is like arguing that the first person to do multi-tasking on a PC deserves a patent for realizing that multi-tasking wasn't only something that supercomputers can do. Admitedly at that time it probably wasn't obvious that a PC had enough power to do this but that is hardly justification for saying that multi-tasking on a PC isn't obvious for the purposes of patenting.

      --

      If you liked this thought maybe you would find my blog nice too:

    9. Re:Mixed Feelings by logicnazi · · Score: 1

      Ohh, of course I'm not arguing that these other patents should be upheld but not TiVO's. If we are going to go down the route of upholding these obvious patents then we should do the same with TiVO as well.

      However, I think it is inconsistant to cheer for TiVO winning their case but jeer at NTP or Amazon for their obvious patents. If we are going to bitch about people getting patents on obvious things we can't do it only when they are companies we don't like.

      --

      If you liked this thought maybe you would find my blog nice too:

    10. Re:Mixed Feelings by logicnazi · · Score: 1

      Uhh, no the patent office doesn't give out patents for realizing that X is profitable. It gives patents for developing technology X.

      Under your argument Apple should get a patent for a windowing OS despite X/Xerox parc doing it first as they were the first ones to realize it might be profitable on PCs. Hell redhat should be able to get a software patent on Linux because they realized it was profitable to sell.

      The patent system simply isn't supposed to work that way. It is only supposed to give patents that aren't obvious to those skilled in the art. Meaning those video geeks working at home are the people who count not the public at large.

      If TiVO wants to get a buisness method patent on selling this technology that is another matter but realizing it is profitable simply doesn't cut it for a patent on the technology.

      --

      If you liked this thought maybe you would find my blog nice too:

    11. Re:Mixed Feelings by Burning1 · · Score: 4, Insightful

      I remember the incredible difficulty TiVo had trying to explain what their product did to consumers. These days, the PVR is ubiquidus. Back then, people still saw TiVo as a kind of VCR, which it really wasn't.

      Given the difficulty in explaining what a PVR did, I don't think the idea is entirely obvious.

    12. Re:Mixed Feelings by Vegeta99 · · Score: 1

      If it was obvious, wouldn't it have been done already?

      Oh, ok. Guess it wasn't.

    13. Re:Mixed Feelings by aug24 · · Score: 2, Funny

      Here's a simple rule: If, when you hear about something you think "I wish I'd thought of that" then it is probably non-obvious and yet simple.

      Justin.

      --
      You're only jealous cos the little penguins are talking to me.
    14. Re:Mixed Feelings by blakestah · · Score: 1

      I hate to say it... but it is both easy and obvious.

      The patent office's reply is the standard
      "If it were obvious there would be some prior art"

      But I think you are missing the bigger picture. TiVO's patent is not obvious when you simply take a VCR and replace the tape with a hard drive.

      It is a substantial engineering challenge (or was at the time) to pull a GByte of data off a hard drive in an hour, without emptying a buffer, at the same time that you are writing a GByte of data to the hard drive, without overflowing a buffer. TiVO's engineers worked long and hard at this, and used novel hardware and software to accomplish it. If you do any real-time programming you instantly recognize the challenge. No drops in video, and reading and writing different data simultaneously.

      The idea may have been obvious, but making it work required invention.

      Now, once it is demonstrated by a working implementation how innovative and cool the invention was, copying it was no big deal. This was made triply easy because processors speeded up dramatically between the days in which TiVO made this work and when Echostar made it work.

      The question probably comes down to how specific the patent is worded (I haven't read it). The patent office probably shouldn't have awarded a patent to time warp, in general. However, to time warp using buffers in a certain range of size, that might be patentable (additional detail specified). Using a certain range of IO pipes to feed the IO operations...that kind of thing.

    15. Re:Mixed Feelings by ivan256 · · Score: 2, Insightful

      There's more to a patent than obviosness. The idea has to be novel. Maybe it's obvios to you in hindsight, but if it was so obvios back then, why hadn't anybody (including the makers of high end digital video editing stations, who were the most skilled in the requisite arts at the time) thought of it yet?

      This is like arguing that the first person to do multi-tasking on a PC deserves a patent for realizing that multi-tasking wasn't only something that supercomputers can do.

      No it's not. Nobody was doing random simultanious recording and playback off the same physical media on *any* type of hardware. It's not like they took an old idea and made it work on cheap hardware. They actually did something new.

      It's easy to say something is obvious with the benefit of hindsight.

    16. Re:Mixed Feelings by TrekkieGod · · Score: 1
      Back then, people still saw TiVo as a kind of VCR, which it really wasn't.

      Heh...actually, it really is. It's a vast improvement over a VCR, no doubt, but it's not really that different. The difficulty in explaining what a PVR did was because people kept trying to say that it's not a VCR, instead of just describing what the improvements were.

      • A PVR record shows. So does a VCR. That's the primary function.
      • You can schedule something to be recorded at a time when you won't be available to watch the show. You can do that with both the VCR and the PVR, however, the PVR's scheduling is vastly improved. Instead of scheduling by time, you can schedule by the name of the show. And have it record all instances, or only new instances. It also has a very easy interface, so it eliminates the problem that so many people don't know how to program their VCR. That's what they should have told people when they were explaining it. "You can schedule a recording based only on the name of the show. And all you need to do is to scroll to that show via a menu and press a button."
      • There's a large storage on the machine itself. No need to buy tape. No need to search for a tape. Nice, organized menu with all the available shows, which you can select and play. They should have explained THAT: "All the shows are organized on the machine itself. No more looking for where you put that tape."
      • Again, with the no tape concept, it's all stored digitally. That means no rewinding, or searching for something on a tape. If you want to skip commercials, you can skip them faster by set increments...or if you have the fancy commercial detection algorithms like mythtv, it's even easier. And again, that's what they should have done: "Just like with a VCR, you can fast forward, rewind, replay, and pause. However, you get the benefits you're already familiar from the DVD. We do it faster, and you don't have the rewind the tape."

      The point is, it is pretty much a VCR. Its pupose is to record shows. It's much, much, better than VCR, and once you start using a PVR, you don't want to go back. However, every single one of the improvements are natural extensions of moving from a tape to a hard drive, and having some sort of nice software to browse through the files. People with tuners in their computers were doing that already, it just wasn't nice and polished like it is now.

      Besides, it's always easy to explain something new to a person by comparing it to something they're already familiar with. But they tried so hard to distance themselves from the VCR image that it caused extra confusion.

      --

      Warning: Opinions known to be heavily biased.

    17. Re:Mixed Feelings by Jimb0v · · Score: 1

      Perhaps the legal system should use a different word than obvious.

      There is a big difference between something being obvious and the implementation being obvious. Replacing a tape recorder with a disk drive may seem obvious on it's face, but the implementation of how to do so are not. The legal test of obviousness is an objective one not subjective. To be obvious under the patent system, either official notice would have to be taken (which seems extreme here) or references with motivation to combine the references would have to presented. Obviousness is NOT a subjective gut check as most people presume on slashdot.

    18. Re:Mixed Feelings by GoatMonkey2112 · · Score: 1

      It seems like there were video capture cards for computers long before Tivo came along. All the Tivo is is a computer with a video capture card plus some nice software.

      I don't see how Tivo's software patents are any better than anyone else's just because a lot of people happen to like the product. All software patents should be flat out banned, end of story.

    19. Re:Mixed Feelings by Burning1 · · Score: 1

      You make a valid point, but I would argue that the PVR is as much like a VCR as a horse and buggy is like a motor vehicle.

      They are both powered transportation using wheels. While the horse and buggy must have been a revolution in it's time, the automobile was another huge leap forward.

      The PVR allows me freedom in the way I watch TV. I can easily and automatically record all the shows I want. Then I watch them when I have free time. With TV, I had to change my schedule to catch the shows I liked. The VCR can do that, but not in a way that is practical. I only used the VCR timer for stuff that was on far too early, or was extremely interesting.

      Getting back to the automoble / horse and buggy idea: Both can cross the united states, but I would only use one of them for it on a regular basis.

      The cogs have been around forever. It's the machine that I'm interested in.

    20. Re:Mixed Feelings by TrekkieGod · · Score: 1
      You make a valid point, but I would argue that the PVR is as much like a VCR as a horse and buggy is like a motor vehicle.

      I completely agree with you. Let me remind you that the motor vehicle was once referred to as a "horseless carriage." It goes back to the fact that explaining things to people is always easier if you explain to them in terms of things which they already understand.

      I say the PVR isn't novel not because it's not ages ahead of the VCR, but because people with tuners already had essentially a PVR in their computer. Tivo most certainly did a great job in writing clever software to make it a much more attractive solution, but it's still not a new invention in the sense of the word. It's a great product, but I don't think it's a patenteable product. You argue that the initial confusion was because it was so novel that people couldn't understand what it was, I claim the confusion was because they were so afraid of comparing themselves to a VCR, that they couldn't just explain that it was the VCR of the computer age.

      --

      Warning: Opinions known to be heavily biased.

  15. Dish had a DVR 1st by Brad1138 · · Score: 5, Informative

    I am surprised that TiVo won this case. Dish network had the 7100/7200 which could pause and record live TV before TiVo's patent. It may have been a piece of shit but it was still first. Obviously Echostars product would improve over time and the similarities of the current models are logical advance in the technologies.

    --
    If you could reason with religious people, there would be no religious people
    1. Re:Dish had a DVR 1st by Anonymous Coward · · Score: 3, Funny

      "Obviously Echostars product would improve over time"

      I found the hole in your argument.

    2. Re:Dish had a DVR 1st by Brad1138 · · Score: 1

      Ha Ha.... :)

      I am a professional Sat. Dish Installer. inc. Dish, Direct, Starband, Wild Blue C-band... I have been installing for almost 10 years and seen the progression of the TiVo/DVR from the beginning.

      Starting with the 7100/7200 (admittedly P.O.S.) then the 501, 508, 510 all 3 the same machine w/1 tuner just bigger HD's 35hr, 60hr, 100hr respectively. Then came the 721 and the 921(HD) which had 2 tuners but both were glitchy. Finally the 522 (SD) follow by the 625 (SD), 942 (HD) and the current top of the line 622 (HD&MPEG4). The final group are all virtually the same in operation with 2 tuners designed to run 2 TV's (with different programming on each) and are the first and only Echostar receivers to have name based recording, where it will search for a show by name instead of just using preset times.

      --
      If you could reason with religious people, there would be no religious people
    3. Re:Dish had a DVR 1st by jafac · · Score: 1

      I got a TiVo for use with my 5000, but because EchoStar obfuscated their IR codes, the TiVO could not change it's channels (was therefore useless) so I traded the 5000 and TiVo for a 7100. Which was a steaming pile of poo, as you say. But for all of TiVO's features, bottom line was, it just plain didn't work. And the reason was not entirely TiVo's fault, it was really EchoStar's fault, for not supporting the IR interoperability.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  16. I own a DishPlayer 924 by GuyverDH · · Score: 1

    I've not used TiVo, however, I do own a Dish PVR - used to be their top of the line model - the 942.

    Dual Dish Tuner, Off-Air TV Tuner, plus 2 outputs - seperate remotes for each output...

    Here's the cool part.

    I can record off both dish tuners, the off-air tuner, and watch 2 previously recorded shows on the other outputs.

    So essentially 5 different things going on at once.

    And yes - you can configure Dish to record all kinds of ways.

    #1 All episodes of a given show.
    #2 All NEW episodes of a given show - ie - only record episodes released in the current year, do not record re-runs.
    #3 All shows with "xyz" in their name.

    I haven't dug any further, yet I know there are more options.

    --
    Who is general failure, and why is he reading my hard drive?
  17. ummmm no by Anonymous Coward · · Score: 0

    If I'm not mistaken ReplayTV was out before Tivo so saying they were the "first" is rewriting history.

    1. Re:ummmm no by bill_mcgonigle · · Score: 1

      Did ReplayTV have the record-another-show-while-you-do-playback feature too?

      If so, TiVo seems markedly less innovative.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    2. Re:ummmm no by Warlock7 · · Score: 1
      According to the ReplayTV site:
      ReplayTV leads the DVR industry in groundbreaking innovations aimed at providing consumers with unmatched power and control in maximizing their TV viewing experience with the best performance and best value.

      First to put consumers in total control with QuickSkip® 30-second advance and other features
      First with built-in networking allowing consumers to watch any show from any networked ReplayTV DVR in the home
      First to allow consumers to program their DVR via the web from anywhere in the world
      First with genre-based recording allowing consumers to track their favorite team or find their favorite actor
      First and only to offer network recording which directs requests to available networked ReplayTV DVRs with sufficient capacity
      First and only standalone DVR with Progressive Scan and Digital Audio Output for state of the art performance
      If they were first to something as important as watch one while recording another, you can bet that they'd mention it. Probably a TiVo innovation.
    3. Re:ummmm no by GrayCalx · · Score: 1

      If both ReplayTV and TiVo came out around the same time, how does the court know that Echostar is infringing on TiVo's patent and not ReplayTV? I didn't read the lawsuit so I don't know the specifics I just find it a little suspect. As others said what about MythTV, or Windows Media Center, some time-shifting applications are built into TVs now. I guess TiVo's solution was to pick out the juiciest one, sink in its teeth and hope for free money.

      /That being said, I'm a big fan of Dish, and see no reason to fork additional money over to TiVo, when Dish's DVR works just as well. So, yeah, balance that into what I've said.

    4. Re:ummmm no by ovit · · Score: 1

      I worked as an engineer at tivo when the first boxes hit the market.

      We beat replaytv to market by a matter of months.

      First is first.

            td

    5. Re:ummmm no by bill_mcgonigle · · Score: 1

      If they were first to something as important as watch one while recording another, you can bet that they'd mention it. Probably a TiVo innovation.

      Perhaps. The lack of an entry in a marketing document hardly rises to the level of proof - somebody with an original ReplayTV could probably lend better perspective.

      All I can tell from Archive.org is that they had the http://www.replaytv.com/faq.html#q9">requisite buffering technology in place in 1998 but weren't advertising the specific feature.

      I wonder if Replay TV has any patents. This old marketing piece suggests the founder of the company found the technology obvious as early as 1991 and simply waited for Moore's Law to make it affordable. That might make it hard to convince a patent examiner that it was non-obvious. :)

      The ReplayTV site went to one of those bastard non-accessible cluster-'o-GIF's sites soon after, relegating it to be lost to history.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:ummmm no by sylvandb · · Score: 1

      Did any hard-disk DVR NOT have it?

      I mean really... that was and remains incredibly obvious.

      The only reason not to have it is if you did not have hardware mpeg (or equivalent) encode/decode. Without hardware mpeg it takes a bunch of cpu and the low-end processors in the first-gen tivo and replaytv wouldn't have been able to do both simultaneously. But with dedicated hardware, no problem.

      sdb

    7. Re:ummmm no by bill_mcgonigle · · Score: 1

      I mean really... that was and remains incredibly obvious.

      Yeah, to you and me. The last brilliant patent examiner I've heard about was Albert Einstein and that was a century ago.

      Additionally patenting playing one show while recording another is insane. Patenting a specific buffering technique for doing said tango could maybe make sense, or at least be in the spirit of "a specific hot-dog cooker, not cooking hot dogs."

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    8. Re:ummmm no by Richard+Steiner · · Score: 1

      My ReplayTV 5040 certainly does (I can watch recorded shows without caring what is being recorded in the background).

      --
      Mainframe/UNIX Bit Twiddler and long time Windows/Linux Hobbyist.
      The Theorem Theorem: If If, Then Then.
    9. Re:ummmm no by Anonymous Coward · · Score: 0

      This patent is dated 2001...

      From the ATI web site: "The very first All In Wonder card, the All In Wonder was introduced in 1996 by ATI.".

      This was a basic PC tuner card. The AIW series all allowed you to record video to your PC's hard drive, and had features such as pausing live TV, skipping ahead, program guide, etc. Now, whether or not ATI had a version that supported multiple tuners (watch & record at the same time) before TIVO, I'm not sure. But I think this series of cards, as well as a slew of others, definitely qualify as prior art.

      I'm surprised someone hasn't brought this up by now.

      Besides, as has been said numerous times already, you can't patent "all implementations of this here idea"... you can only patent YOUR implementation. Anyone else is free to come up with a completely different implementation as long as they aren't infringing on yours.

  18. Some of TIVO's US patents by nebaz · · Score: 4, Informative

    Found on a TiVo press release.

    US Patents

    6,850,691 - Automatic playback overshoot correction system

    6,847,778 - Multimedia Visual Progress Indication System

    6,792,195 - Method and Apparatus Implementing Random Access and Time-Based Functions on a Continuous Stream of Formatted Digital Data (continuation of 6,327,418)

    6,757,906 - Television Viewer Interface System

    They also have exclusive licensing rights to

    5,241,428 - Variable-Delay Video Recorder

    Japanese Patents

    3615486 - Multimedia Time Warping System

    Chinese Patents

    ZL 99804757.0 - Method and Apparatus Implementing Random Access and Time-Based Functions on a Continuous Stream of Formatted Digital Data (see US patent 6,327,418)

    ZL 00805987.X - Data Storage Management and Scheduling System

    This is of March 2005, they may have more since then. Also, if you want to search the text of the US patents, you can start here

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
  19. I don't think this is a bad ruling and here is why by Bodhammer · · Score: 4, Insightful

    Disclaimer - I used to work for Philips. I'm still using a Series 1 Tivo that has been seriously upgraded. I own some Tivo stock.

    Tivo has been compared to the VCR and with that logic, does not deserve patent protection. I disagree and believe that Tivo did innovate and does deserve patent protection.

    What Tivo did first:

    1) Downloadable program guide - Before Tivo, the only automated way to record was VCR+. It was lame and with TV Guide print deadlines 3-4 week before publish date it was shaky.

    2) Digital recording - Though I agree that substituting a hard disk for a tape (media) may not deserve a patent, Tivo was the first successful use of mass market MPEG-2 recording. My tivo was 20 hours at first, this was an exponential leap. Tivo took open-source code (Linux), developed proprietary code and hardware, a dial-up infrastructure and made it work. They also, to the best of my knowledge, have honored the GPL and released their GPL tainted code back.

    3) User interface - don't even try to tell me this is derivative of any VCR interface that exists today. Tivo's GUI is 6 years old and it still works well.

    4) 30-sec skip, wish lists, filters, etc. might be considered standard now but when Tivo implemented them, they were revolutionary to the TV market and pre-digital TV.

    I ABOLUTELY do not believe in patent protection where prior art exists or where it's basic physics or biology, etc. that someone is trying to patent. That said, I believe that Tivo innovated, took risk, and is trying to defend its investment and true intellectual property. This is what the patent system and at a more basic level, property rights are all about.

    The real issue and problem is not Echostar, it is Hollywood and the MPAA. Tivo is the ultimate fair-use device. They deserve protection for their ideas and the right to survive in a FAIR market on their own ideas.

    --
    "I say we take off, nuke the site from orbit. It's the only way to be sure."
  20. Re:I don't think this is a bad ruling and here is by Bodhammer · · Score: 1

    Oh yea, 5) they acutally filed and payed for the patents. Now they are paying to defend them.

    --
    "I say we take off, nuke the site from orbit. It's the only way to be sure."
  21. DIdn't have 'time warp' by mgkimsal2 · · Score: 4, Informative

    As a Tivo stockholder, I've been following the trial as closely as I could. The patent focused on what they called the 'time warp' aspect. What came out in testimony was that the original echostar dish stuff could *not* let you watch a prerecorded program *and* simultaneously be recording a new program. It seems this functionality only made its way in to dish products *after* they had access to a Tivo which the Tivo dev team left them during a licensing/partnership meeting. Bad move on Tivo's part to leave equipment in a potential competitor's hands, obviously. What seemed to come out is that it was true the original echostar dish products *didn't* infringe on the Tivo patents, but that's not what they've been selling for a long time - they've been selling products that infringe on the patent.

    So, given that such a large company had a 'similar' product on the market *before* Tivo, and it didn't have anywhere close to the functionality which Tivo patented, it would seem to be that the 'non-obvious' or 'novel' aspects of the patent got a significant boost. If it was such an 'obvious' way of performing this trick, the people with an earlier technology would have indeed developed the 'obvious' technique and used it in their product.

    1. Re:DIdn't have 'time warp' by Brad1138 · · Score: 1

      I understand what your saying, but I wonder if the only reason the first generation didn't allow you to watch one thing and record another at the time was due to limitations in computing power at that time. Receivers of the 90's were very slow and limited in functionality regardless of DVR abilities.

      --
      If you could reason with religious people, there would be no religious people
    2. Re:Didn't have 'time warp' by mgkimsal2 · · Score: 2, Informative

      In many ways it doesn't matter. There are people that patent things with only prototypes. Especially in the 90's, everything in the world relating to software was being patented, even if it was trivially obvious. Something else that came out in trial, from what I gathered (trying to read a bit in to what quotes I managed to read) was that Echostar developers didn't even *try* to put that feature in. If they had tried, and had any documentary evidence (meeting notes, prototypes, etc) that would have been produced as evidence that they'd been working on 'obvious' functionality like that before Tivo. None of that came out, because it was not, in fact, that obvious how to do this.

      Tivo has numerous other patents from what I understand, but this was the one at the heart of this trial, and hopefully will be upheld. The only way I can see it being overturned would be if echostar introduces new evidence (which I'm not sure they can do at this stage of the process).

    3. Re:DIdn't have 'time warp' by Warlock7 · · Score: 1

      The 7200 introduced the pause feature, that was in 2000 and it was more a feature of WebTV than the DVR that allowed FF/RW/Timeshift. Those features were added to the 7200 later. These things are why it wasn't really a DVR until after 2000 when ReplayTV and TiVo had been on the market for almost a year.

    4. Re:DIdn't have 'time warp' by ivan256 · · Score: 4, Insightful

      That's what was novel about TiVO's device. They had the same hardware limitations as everybody else, but they figured out how to get the data on and off anyway. TiVO didn't make their device work because they put a faster drive in their box than Echostar. They made it work because they were smart about where to put the data. That's not trivial.

    5. Re:DIdn't have 'time warp' by Anonymous Coward · · Score: 0

      Great. Then they should have a patent ON THEIR CLEVER DATA ARRANGEMENT. Not on the whole concept of simultaneous recording and playback.

    6. Re:DIdn't have 'time warp' by evilviper · · Score: 1
      They made it work because they were smart about where to put the data. That's not trivial.

      That's not patentable either.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    7. Re:DIdn't have 'time warp' by jizmonkey · · Score: 1
      >>They made it work because they were smart about where to put the data. That's not trivial.

      >That's not patentable either.

      Eh? Have you read In re Lowry?

      --
      With great power comes great fan noise.
    8. Re:DIdn't have 'time warp' by mikeydb · · Score: 1

      Perhaps the 'obvious' technique was waiting for improved hardware before it could be implemented. I'm thinking of hard disk drive write speeds and capacity among other things, otherwise the obvious solution would've required re-sampling video streams and reducing framerate and resolution to achieve such functionality which would also require more processing from the PVR's electronics. Maybe they just wanted to make cheap boxes that did the job cheaply and waited until that was technically possible?

      Tivo have been around for some time, if they can't win by being first on the market then there's something wrong with their product or way they're marketing their product.

    9. Re:DIdn't have 'time warp' by Maximum+Prophet · · Score: 1

      But do we know that Echostar puts the data in the same places?

      The thing is, if you give any competent engineer, who has never seen a DVR, the task of building a box with all these features, he'd build something that would work. He would not have to use Tivo's methods, he might even improve on them. Although in the case of Echostar, it seems that it's somewhat worse. That may have had something to do with the judgement

      In the American patent system, there is a winner take all attitude. If two guys rush to the patent office with their new-fangled telephone, the first one gets the patent. Unless the 2nd is substantially better, the 2nd guy is out of luck. I'm not sure that meets the goal of advancing the arts.

      Of course, any competent engineer would build in easy and/or automatic commercial skipping.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    10. Re:DIdn't have 'time warp' by ivan256 · · Score: 1

      The thing is, if you give any competent engineer, who has never seen a DVR, the task of building a box with all these features, he'd build something that would work.

      Then why didn't Echostar make it work? Their box could only record or playback. It couldn't do both at once until they had a Tivo to play with and copy. Or would your argument be that those guys who made a whole digital sattelite system from the ground stations to the sattelites, to the set-top boxes were incompetent?

      Of course, any competent engineer would build in easy and/or automatic commercial skipping.

      And any competent business person and corporate lawyer wound't let the box out the door with that feature enabled.

    11. Re:DIdn't have 'time warp' by PortHaven · · Score: 1

      Um...could that be because DishNetworks DVRs only worked on Dish systems and few people had multiple lines to one device at the time. I don't see that as anything substantial. And as it can be done with a personal computer. I see any appliance device thus equally able to do such.

    12. Re:DIdn't have 'time warp' by daVinci1980 · · Score: 1

      The thing is, if you give any competent engineer, who has never seen a DVR, the task of building a box with all these features

      The thing is, if you don't already know what all the features are, it's a lot harder to dream them up and figure out how they work. Tivo actually has a lot of innovative features that they patented. They deserve their money, be it in the form of licensing fees from competitors or settlements from jackholes who copied their design verbatim after they released their product.

      In hindsight, most things are "obvious." It's not a question of what's "obvious" now, it's a question of what was "obvious" then.

      I'm really pleased that Tivo won their lawsuit. This was definitely a case of the patent system actually working properly.

      --
      I currently have no clever signature witicism to add here.
    13. Re:DIdn't have 'time warp' by Maximum+Prophet · · Score: 1

      Then why didn't Echostar make it work

      The simplest explaination is that they didn't have competent engineers.

      More likely, they didn't even think of it, or didn't think it was possible until someone showed them a working version. It's possible that the did make it work but couldn't hit their price point so management told the engineers to take the feature out.

      Tivo had a great idea in allowing simultaneous playback while recording. But, it's just that, an idea, and ideas aren't supposed to be patentable. Anyone who used a VCR back in the day knew you couldn't access your recording until it was over. The instant replay machines that the networks used proved that at least someone else thought about simultaneus playback. (They tended to use seperate record and playback heads on a magnetic drum)

      In order to evaluate these claims, we need to know if Echostar used the same methods as Tivo. I imagine MythTV does not, since it stores shows as regular files, instead of using a special filesystem that is optimized for Tivo video files.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    14. Re:DIdn't have 'time warp' by ivan256 · · Score: 1

      More likely, they didn't even think of it, or didn't think it was possible until someone showed them a working version.

      My point exactly. That is the very definition of novel and non-obvious.

      But, it's just that, an idea, and ideas aren't supposed to be patentable.

      Um, last I checked they had an idea and an implementation. That's *exactly* what's supposed to be patentable. We're not talking about a company that patented an idea and then tried to make a living as an IP warehouse. They built the device. It's no small feat for a startup company to bring a comsumer electronics product to market, and it wouldn't *ever* happen without the patent system.

      There are *tons* of examples of junk patents, but this isn't one of them. They only possible argument against this patent would be if somebody else had done it first, but that would be an argument of who, and not what.

    15. Re:DIdn't have 'time warp' by GoatMonkey2112 · · Score: 1
      the people with an earlier technology would have indeed developed the 'obvious' technique and used it in their product
      If you had ever worked on any software development project you would know why this is wrong. Scope, resources, time. Does TiVo currently have every convievable feature that it could have? Why are they making new versions? Is TiVo going to add features that its competitors already have?

      I hope TiVos competitors make some patents and sue them.

      All software patents need to be made illegal.

    16. Re:DIdn't have 'time warp' by evilviper · · Score: 1
      Have you read In re Lowry?

      Entirely different.

      What you're talking about with Tivo is a very high-level thing, such as were they stored data on disk, using a database to organize it, etc. They didn't invent anything, they just put existing tools to work for them.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  22. Just Another Stupid Patent by KidSock · · Score: 0, Troll

    I know a lot of ./'ers like their Tivos and all but this is just another stupid patent that should be rejected. If Tivo dies because of competition then sorry but that's irrelivant. Patents aren't a crutch for weak business models. They're supposed to give an inventor time to develop and deliver their product (and that's if it's NOT Just Another Stupid Patent). Providing a service to schedule recording TV shows to a hard drive is mildly innovative but it is not a "eureka" moment, it's just bundling. You could record a show to magnetic tape at a certain time with a run-of-the-mill VCR.

    1. Re:Just Another Stupid Patent by mgkimsal2 · · Score: 1

      if Tivo dies because of competition then sorry but that's irrelivant.(sic)

      What if Tivo dies or is harmed because of competition who are breaking the law? Where do you draw the line? What Tivo did *was* innovative and 'non-obvious' to people when they developed it. If you followed the trial and read some of the testimony, you'd know that Echostar had far greater resources to throw at the DVR space, and were working on products before Tivo, yet weren't able to deliver the functionality that Tivo did. If Echostar violating the law is the only way *they* can compete, they will get struck down eventually, and this is the first blow.

      I say all this as a Tivo shareholder, but before that was someone who used Tivo, Dish, DirecTV's R15 unit, and have used or tested other DVR-ish 'solutions' from cable companies and Tivo competitors. No one is close to Tivo in terms of breadth of functionality and usefulness, but that's not even what the trial was about. Tivo *is* competing in the market with greatly innovative features and functions - they did feel that competitors were unlawfully appropriating their technology, giving them an unfair advantage, and that needed to be addressed in the courts.

    2. Re:Just Another Stupid Patent by ivan256 · · Score: 1

      Providing a service to schedule recording TV shows to a hard drive is mildly innovative but it is not a "eureka" moment, it's just bundling. You could record a show to magnetic tape at a certain time with a run-of-the-mill VCR.

      It's clear from that comment that you have no idea what a TiVO does. Try one some time and then you can come back and tell us all how wrong you were.

      Tivo doesn't record a show at a certain time. It manages and acquires content for you. It's nothing like a VCR in any way. Seriously, try it. If what you said is what you think a Tivo does, your mind will be blown by what a Tivo *actually* does.

    3. Re:Just Another Stupid Patent by Anonymous Coward · · Score: 0

      I've seen what a TiVo does. I was less than impressed. When I first saw a TiVo years ago, the only thing that impressed me was that hard drive technology could handle the bandwidth of reading and writing two separate video streams since random seeks are required in between the two. But then I don't know exactly what bandwidth video requires so it may have been no big deal.

      It manages and acquires content for you.

      This sounds suspiciously like market-speak. Let me rephrase in everyday terminology: it records television programs.

      It's nothing like a VCR in any way.

      What are you, retarded? It's a VCR with extra features made possible by its large capacity random access data storage medium and a network connection to a database of television shows. Or do the new TiVos also clean your house and make coffee?

    4. Re:Just Another Stupid Patent by Anonymous Coward · · Score: 0

      Um, TiVo can adjust its recording time length--not to mention time--if the scheduled programs change. Say, when the football game runs long and 60 Minutes is an hour later than scheduled. TiVo can make sure to get the whole game, if that's what you want, or it can not get any of the game and record only 60 Minutes if that's what you're going for--or it can get both of them, and differentiate between the two so you can see your viewing options. I'd have to say that goes a little bit further than "extra features". It's a whole new type of consumer-oriented machine.

    5. Re:Just Another Stupid Patent by ivan256 · · Score: 1

      When I first saw a TiVo years ago, the only thing that impressed me was that hard drive technology could handle the bandwidth of reading and writing two separate video streams since random seeks are required in between the two

      Funny, that's what the patent is for.

      Let me rephrase in everyday terminology: it records television programs.

      Don't watch somebody use a Tivo. Actually use a Tivo. Yeah, it records television programs. The key is in how it decides what to record and how you tell it what to playback. It doesn't just record programs, it finds and prioritizes the programs, keeps track of what you've already seen, makes it easy for you to find new stuff, does a fairly good job of figuring out what you might like and recording that too, maintains a cache of what's live... ...and that's before you get into any of the network features.

      What are you, retarded? It's a VCR with extra features made possible by its large capacity random access data storage medium and a network connection to a database of television shows.

      Oh, a database you say? But I thought you said they just replaced a tape with a hard drive? Yeah, they did. And they replaced the electronics with a computer. And they replaced the buttons and switches and timers with some software that does a *lot* of stuff that a VCR can't do. At the same time, there's stuff a VCR can do that a Tivo can't do... Because they're not the same thing at all.

      A Tivo changes the way you watch TV that you couldn't dream of doing with a whole array of hard-drive enabled VCRs.

    6. Re:Just Another Stupid Patent by Anonymous Coward · · Score: 0

      Funny, that's what the patent is for.

      The patent is on hard drive technology? Funny, first I heard that. No one on this page seems to be talking about that. All they talk about is how cool a TiVo is, so it must be patentable. If the patent is on the algorithm for streaming data in and out simultaneously, well you probably already know what most people here think of software patents. At least software patents owned by anyone besides TiVo. Anyway, bidirectional streaming has been important in many applications before TiVo so I really doubt TiVo did anything here that hasn't been done before.

      Oh, a database you say? But I thought you said they just replaced a tape with a hard drive?

      No, I did not say that.

      To those of us not addicted to television, yes, a TiVo is nothing more than a glorified VCR. We don't care whether it copies every show by a certain director, with a certain actor, or every rerun of I Love Lucy. All of these minor features a TiVo has may be very important to you so you see a TiVo as much more than a VCR. Most of these features are merely automation of tasks. Very useful for an avid TV watcher, but not so for those who watch only occasionally. I hope you're not suggesting that the idea of automating tasks is innovative.

    7. Re:Just Another Stupid Patent by ivan256 · · Score: 1

      To those of us not addicted to television, yes, a TiVo is nothing more than a glorified VCR.

      I think you have that backwards. To people who *are* addicted to television, Tivo is just a glorified VCR. To people who aren't addicted to television, Tivo makes the good bits watchable.

      We don't care whether it copies every show by a certain director, with a certain actor, or every rerun of I Love Lucy.

      Neither do I.

      All of these minor features a TiVo has may be very important to you so you see a TiVo as much more than a VCR.

      The feature that makes Tivo important is the feature that makes it so I can sit down and watch the one or two good bits of television whenever the hell I feel like without having to know anything at all about schedules, channel names, listings, actor/actress/writer names, or anything like that. Tivo makes it so you don't have to be a slave to the television in order to enjoy television in a way a VCR can't. I don't know why I'm arguing with you about it though, since it's clear from your repeated commentary that you really have no clue what interaction with a Tivo is like. You have a really backwards idea of what it is that a Tivo does for you.

      I hope you're not suggesting that the idea of automating tasks is innovative

      You should apply for a patent on trivializing innovations. You've got a real knack for boiling all the features of a complex device down into one blatently understated generalization and then writing it off. If you're so smart you should really put your time into inventing the next obvious invention and cashing out.

    8. Re:Just Another Stupid Patent by Mangelwulf · · Score: 1

      You clearly have never used a Tivo. It does a lot more than just record at a set time. It was, at the time, a complete revolution. It took them a long time to get the average user to understand just what it would do for their TV watching habits. I honestly do not think people get it yet. My father has a DVR from his cable company and it doesn't even come close to working as well as the Tivo.

  23. TiVo's exact patent by ssuchter · · Score: 2, Informative

    TiVo's patent in question is on being able to record one show while using the same device to watch another. Dish's prior recorder that allowed pausing of live TV isn't really prior art of that.

    1. Re:TiVo's exact patent by positronica · · Score: 2, Insightful

      If all Tivo's patent is is the idea of recording one show while watching another, than it should be thrown out. There's nothing revolutionary or non-obvious about it. People were recording one show while watching another with their TV/VCR setups long before Tivo ever came around. If Tivo hadn't put this feature in their DVR, there still would have been thousands of consumers who would have thought, "hey, being able to record one show while watching another would be a great feature to have on these things." That right there should be proof that it was an obvious idea. Now, if Tivo's patent isn't just the general idea, but istead a specific way to impliment that idea, then they might have a point.

    2. Re:TiVo's exact patent by mgkimsal2 · · Score: 1

      No one was watching a program from the same media they were recording to with a VCR. You might have been watching one program 'live' and recording to a VCR from another input, or something like that, perhaps.

      Tivo's patent is for a specific method of doing this sort of juggling with one media device (a hard drive) which was non-obvious at the time (what? 8-9 years ago?) Patent's are not supposed to be just for an 'idea' but a specific implementation of an idea, which Tivo's is.

    3. Re:TiVo's exact patent by bill_mcgonigle · · Score: 1

      Tivo's patent is for a specific method of doing this sort of juggling with one media device (a hard drive) which was non-obvious at the time (what? 8-9 years ago?)

      Didn't this exist in the pro-editing space at the time? I thought TV production systems could do this (review while still recording) but it would be better if somebody with more experience in the field at the time could comment here.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  24. Back off by Clinton · · Score: 0

    That's right, don't mess with my Tivo.

    --
    Half the time I'm right, the other half you're wrong.
    1. Re:Back off by Maltheus · · Score: 1

      As long as you don't mess with my Dish PVR.

  25. Prior art from long, long ago by sunderland56 · · Score: 4, Interesting

    The Abekas A62 disk recorder could record one video stream, while playing back another. It was introduced in the mid 1980's, so any patents involved have likely run out by now. Abekas even won an Emmy award for it in 1986.
    It was meant for professional studio use, cost about $150K, and only held 100 seconds of video - but hey, that was 20 years ago. I'm not sure how Tivo can claim to have invented the technology.

    1. Re:Prior art from long, long ago by Esion+Modnar · · Score: 1
      Abekas

      How do you pronouce that? Abacus?

      --

      They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
    2. Re:Prior art from long, long ago by Stele · · Score: 1

      I used to program drivers and image manipulation software for these on SGI workstations back in the 90s. The CGI scenes from the "Sea Quest" show from then was rendered from Lightwave 3D directly onto these kinds of devices, and we made software at the time that improved the conversion from RGB to YUV.

      Anyway, these units were UNCOMPRESSED YUV. The ones we used couldn't even record/playback at the same time. Tivos patents deal with compressed recording/playback - there is a lot of additional innovation involved there.

    3. Re:Prior art from long, long ago by darkmeridian · · Score: 2, Insightful

      You said it yourself. TIVO made a product that was cheaper, more available, smaller, more robust feature-wise, and did on-the-fly video work. Just because ENIAC was a machine that added numbers together doesn't mean that you can use it to invalidate all computer patents since then.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
  26. Echostar has released a statement by Brad1138 · · Score: 3, Informative

    EchoStar Statement Regarding VERDICT IN TiVo Inc. v. EchoStar Communications Corp. LAWSUIT

    April 13, 2006 - This is the first step in a very long process and we are confident we will ultimately prevail. Among other things, we believe the patent - as interpreted in this case - is overly broad given the technology in existence when TiVo filed its patent. We believe the decision will be reversed either through post-trial motions or on appeal. Additionally, the Patent Office is in the process of re-examining TiVo's patent, having determined there is a substantial question concerning the validity of the patent.

    DISH Network subscribers can continue to use the receivers in their homes, including their DVRs. Furthermore, TiVo dropped their claim that EchoStar's Dishplayer 7200 DVR infringes their patent.

    --
    If you could reason with religious people, there would be no religious people
  27. It was the 'time warp' aspect by mgkimsal2 · · Score: 1

    I commented here already, but wanted to reiterate this. It was the 'time warp' feature which this patent trial was about - the ability to perform simultaneous functions, such as recording live TV *and* watching something that was prerecorded (while also being able to pause/rewind/ff/skip-ahead in that program).

    What came out at the trial was that echostar's original products did *not* have that functionality. They only incorporated that after getting their hands on a tivo system (which Tivo rather naively or stupidly left with them after a meeting).

    Patents are to reward 'non-obvious' or 'novel' inventions. If Tivo functionality was 'non-obvious', why did the companies which had DVRs out well before Tivo (and has far more resources to throw at these projects) *not* include such 'obvious' functionality? Why did they not patent it first, considering they were apparently working in the digitial media field before Tivo? Because, as hard as it is to believe, some of this really *was* non-obvious at the time. Yes, today it all seems obvious, and there are a dozen posts here talking about how their Dish DVRs (or anyone else's) have dual tuners, can record/playback simultaneously, have 'record all programs'-type functions, and so on. Most of these functions are copying the original pioneering work of Tivo, and they don't deserve to have all that R&D ripped off by others too cheap/greedy/stingy to pay the licensing costs.

    Had echostar been able to prove they'd had similar stuff under development simultaneously, I might hold a different view of this trial's outcome, but nothing I read (admittedly, there wasn't much reporting direct from the courtroom) indicated echostar had any innovative work going on which would have matched the tivo work/patents. I wrote a little more on this here.

    1. Re:It was the 'time warp' aspect by logicnazi · · Score: 1

      Or let me put the argument differntly.

      Clearly you agree that there was nothing non-obvious about the technical aspects of what TiVO did to someone skilled in the art of computer video. I mean this same technology has been seperatly developed tons of times so it would be pretty tough to argue this.

      Thus at a minimum for you to be right it must not have occured to hundreds of EchoStar customers, 'hey wouldn't it be nice if I could record one program while watching another.' EchoStar could have not pursued it for any hundreds of reasons but I have a really hard time believing tons of people didn't think it would be nice to watch at the same time as they recorded.

      --

      If you liked this thought maybe you would find my blog nice too:

  28. Nice by Andrevan · · Score: 0, Offtopic

    This is good, because I own a bit of stock in TIVO, and I now stand to make a good bit of money.

    --
    "All it takes to fly is to hurl yourself at the ground... and miss." - Douglas Adams
    1. Re:Nice by Gruneun · · Score: 1

      At this point, some of us would be content with breaking even.

  29. Slashdot bad comment skip feature... by hackwrench · · Score: 1

    That's what the moderation system is supposed to be for, but it lacks the features to be really useful.

  30. Commercials by logicnazi · · Score: 1

    I think one of the reasons they didn't include such functionality is pressure from broadcasters/advertisers. The ability to record and watch simultaneously almost inevitably entails the ability to skip commercials.

    The fact that it wasn't yet on the market hardly shows that it wasn't obvious. It may not have been obvious that this feature would make a profit/be popular but the patent office doesn't grant patents on realizing that something would make money. The patent office grants patents based on the technology/idea being non-obvious (though buisness method patents do make this a bit fuzzy but this isn't relevant here).

    The technology to watch and record at the same time is really obvious. Even the idea that this would be nice is pretty obvious. What do you want to bet that if we went back to usenet archives before TiVO we could find someone wishing he could time delay with his VCR or suggesting that this be done with a HD? TiVO just realized that this would be a sucesful product.

    --

    If you liked this thought maybe you would find my blog nice too:

    1. Re:Commercials by Phillup · · Score: 1

      I think one of the reasons they didn't include such functionality is pressure from broadcasters/advertisers.

      BZZT!

      What came out at the trial was that they *tried* to provide the functionality, but could not get it to work. (no matter how "obvious" and "simple" people in this thread insist it is)

      They were only able to get it to work after studying Tivo's unit.

      --

      --Phillip

      Can you say BIRTH TAX
    2. Re:Commercials by Phillup · · Score: 1

      no matter how "obvious" and "simple" people in this thread insist it is

      Addendum: Have a look at this paying close attention to the ending...

      --

      --Phillip

      Can you say BIRTH TAX
    3. Re:Commercials by blakestah · · Score: 1

      I think one of the reasons they didn't include such functionality is pressure from broadcasters/advertisers. The ability to record and watch simultaneously almost inevitably entails the ability to skip commercials.

      You must be confusing echostar with Myth.

      Automated commercial skipping will never be a mainstay of any popular DVR. Advertisers pay for TV content. They pay a lot of money. TV is not free. Any DVR that automatically skipped commercials would be holding a loaded gun to their investor's heads. TiVO knows this, and chose to embrace, not deface, the TV advertisers.

      Bottomline: you can skip commercials with a TiVO, but you have to manually FFW through each one.

      The technology to watch and record at the same time is really obvious. Even the idea that this would be nice is pretty obvious. What do you want to bet that if we went back to usenet archives before TiVO we could find someone wishing he could time delay with his VCR or suggesting that this be done with a HD? TiVO just realized that this would be a sucesful product.

      If wishes were horses beggars would ride.

      Imagining an invention does not make an invention.

      We all need to take a step into the time machine with Mr Peabody and go back to 1996. Windows 95 is a year old and the hottest software on the planet, a HUGE step up from Windows 3.1. The Mac is on its crash and burn trajectory through the powerpc lines. My hard drive is a few hundred megabytes. And some top engineers from SGI and a Time Warner's digital video division come together to form TiVO. They spend 2-3 years with tons of investment money to make the first implementation that can watch video from a hard drive while simultaneously recording from it. In doing so, they smash through digital video recording and reading barriers, and make it work together in real time. It was quite an engineering achievement for their day. And, they were rewarded with a patent.

      Zoom ahead 8 years. Processors went from 200 MHz to 2 Giga hertz, a tenfold speed increase. Hard drive reading and writing rates also went up substantially. What was very difficult in 1995-1997 is pretty easy now. And the TiVO time warp patent seems obvious today.

      But I guarantee if you could go back to 1997 and try to make one yourself, you would need a lot of ingenuity, and most engineers of today just couldn't make it work. It was tough.

      I mean, look at other inventions. Look at the telephone. Seems bloody obvious today, doesn't it?

    4. Re:Commercials by logicnazi · · Score: 1

      I meant skip as in FFW. I have a TiVO and wish it could skip but my wording was confusing.

      --

      If you liked this thought maybe you would find my blog nice too:

  31. Re:I don't think this is a bad ruling and here is by evilviper · · Score: 1
    1) Downloadable program guide

    I think tvguide.com has the prior art there...

    Tivo was the first successful use of mass market MPEG-2 recording.

    Since when did "successful" or "mass market" have anything to do with patents?

    They also, to the best of my knowledge, have honored the GPL and released their GPL tainted code back.

    Good for them, but that's completely besides the point.

    3) User interface - don't even try to tell me this is derivative of any VCR interface that exists today.

    No, it's not like a VCR, it's much more like old computer menu systems. Besides, you don't patent an interface, it's just protected under standard copyright, just like Windows, Mac OS X, etc.

    Tivo's GUI is 6 years old and it still works well.

    Again, that has nothing to do with this at all. This is sounding more and more like your own little personal Tivo commercial, having nothing to do with patents or prior art.

    4) 30-sec skip,

    Something every single computer video player had, from Quicktime to WMP.

    wish lists, filters, etc.

    Have you ever heard of a database. This is all absolutely trivial to do on any sort of information you have available.

    might be considered standard now but when Tivo implemented them, they were revolutionary to the TV market and pre-digital TV.

    Good for Tivo. They moved digital into the living room, and all the people who had never used a computer before were amazed...

    There's still nothing at all remotely patentable in this list.
    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  32. RTFP by StevisF · · Score: 1

    Read the Fucking Patent.

    TiVo's patent is for a particular method of recording one program, while watching another using low cost components. Clearly someone can come up with some other method of achieving this using low cost components or use just use more expensive components and not infringe on their patent.

    1. Re:RTFP by solitas · · Score: 1
      The first sentence of the patent (6,233,389) says: "...A multimedia time warping system...".

      Who the f*ck was the patent reviewer that let "time warping" get by? Yeah, real specific that.

      --
      "It's time to take life by the cans." ~ Bender ("Bendin' in the Wind", ep. 3-13)
  33. This is why Slashdot is now a heaping pile of shit by Anonymous Coward · · Score: 1, Insightful

    As of my posting, the parent comment is rated as a troll. As far as I can tell, this is because the moderators like TiVo. If this were any other company, half the posts here would be saying the same thing as the parent.

    TiVo deserves credit for being first to market with a working product, but I see nothing about about their product that is original enough to be deserving of patent protection. It's possible that there are aspects of their hardware design that are patentable, but with advancing technology it should be nothing that can't be worked around for slightly greater cost.

    TiVo did not invent digital recording nor digital playback. They were merely the first to successfully commercialize it.

    Recording and playing at the same time? Please! I could do that using two VCR's twenty years ago. Bundling the functionality in a single package due to advancing technology is so obvious it hurts.

    Specifying shows you want to have recorded using parameters other than times of day is certainly obvious. I've done it before. (Hey Bob! Can you record the Simpsons for me? Thanks. ) The only challenge there is creating the database of descriptions of television shows. Having software guess at what you might want to watch has only not been done before because of the limitations (time-wise) of the recording medium.

    The idea that any of these things should be patentable is absurd. Hardware designs to achieve these ends may be patentable but the functionality itself ought not be. Did the Wright brothers patent flying? No, they patented the design of parts of their flying machine.

  34. Checking it twice by bill_mcgonigle · · Score: 3, Insightful

    It's good to make lists like this but there are a couple to shorten it by.

    2) Digital recording - Though I agree that substituting a hard disk for a tape (media) may not deserve a patent, Tivo was the first successful use of mass market MPEG-2 recording.

    As others have mentioned the original Dish Players had rudimentary recording before TiVo. They've been MPEG-2/DVB since inception.

    4) 30-sec skip, wish lists, filters, etc. might be considered standard now but when Tivo implemented them, they were revolutionary to the TV market and pre-digital TV.

    There were some VCR's on the market with a 30-second skip button.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  35. Patents are on offense by bill_mcgonigle · · Score: 0

    Oh yea, 5) they acutally filed and payed for the patents. Now they are paying to defend them.

    Patents are offensive tools and TiVo is using them offensively. You can use an offense defensively, such as when IBM says to SCO "hmmm, interesting, now about these two hundred patents *we* have that *you're* violating" but it's still a threat of offense.

    I guess you could get a patent defensively if you invent a technology and never intend to sue anybody about it but find it cheaper to register than to defend and prove prior art. Maybe that happens but just isn't publicized.

    TiVo may feel that EchoStar was on offense in the market or on ethics but in the courts it's TiVo on offsense.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  36. Googlefight confirms this by crawly · · Score: 1

    http://www.googlefight.com/index.php?lang=en_GB&wo rd1=tivo&word2=echostar

    TiVo beats Echostar by an order of magnitude :)

    --
    GCS/S d-x s+(+): a C++++$ UL+$ P+ L++$ !E--- W++@ N++>$ !o !K-- w++$ !O !M !V PS++>$ PE !Y PGP+ t+ 5++ X++ R tv b
  37. Bad news by Godji · · Score: 2, Insightful

    It doesn't matter who's on each side of the argument - but any outcome in favor of a software patent is bad. Very bad.

  38. Re:I don't think this is a bad ruling and here is by jbridges · · Score: 2, Insightful

    You are absolutely wrong about no downloadable program guide before TiVo.

    There were both StarSight and VideoGuide, both sold in the mid 1990s before TiVo.

    VideoGuide actually had a nice GUI interface with a comfortable simple remote. Except for the limitations of Tape (no random access, no way to delete shows or know what was on which tape), it was quite comparable to TiVo. It downloaded program guide data via a wireless interface (based on a pager network). You could buy the units at any RadioShack.

  39. State Law: The damages will probably be reduced. by mrbriguy · · Score: 2, Informative

    Even if EchoStar fails in appeals court, the Damages will most likely be capped depending on State law. I think about 30 states have caps on punitive damages, VA being the most extreme - where punitive damages are caped at $350,000 even. Jury's aren't told about the caps. They come out of the court room thinking they really stuck it to the defendant, and as soon as they leave, the Judge reduces the number according to the state's law. (That one that applies is where the injury occurred)

    Newspapers almost always report the non-capped number. Rarely if ever will we find out about the final judgment - sometimes billions of dollars less than what was initially proposed.

    The Texas state law for Punitive Damage's(as explained in the context of the Merck/Vioxx trials) is a little confusing, and potentially dangerous to EchoStar since TiVo is claiming they have had $650 million in economic damages in the past nine years. But if TiVo really believed that was true, I suspect it would have sought much higher damages than they did.

  40. I feel dirty by Anonymous Coward · · Score: 0

    knowing that some of the money i pay to Dish might go to Tivo. I have had great enjoyment and a continued desire to never spend money directly to tivo, and have LONG hoped for the end of Tivo Inc. All of the High minded Ideals that Tivo spouted, "TiVo gives you the ultimate control over your TV viewing". Content flagging? It sounds like you have lost control of your TV again, and this time you get to pay for the privilege!

    Dirty, that is how i feel knowing that my money may go to this shit-hole of a company! i wish i could take a shower and get the feel of it off of me.

  41. What about ReplayTV? by msblack · · Score: 1

    How does this relate to the ReplayTV. I purchased a Panasonic Showstopper 2000 five years ago. It has similar features to Tivo, some better (30-second skip wasn't in Tivo years ago), some worse (no season pass). Most DVR articles neglect to mention competing products. Has Tivo successfully sued over the ReplayTV?

    --
    signature pending slashdot approval
    1. Re:What about ReplayTV? by Quikah · · Score: 1

      TiVo and Replay settled long ago and did a bunch of cross-licensing.

      --
      Q.
  42. Re:I don't think this is a bad ruling and here is by macshit · · Score: 2, Insightful

    I disagree and believe that Tivo did innovate and does deserve patent protection.

    Tivo may well have thought innovatively, and be a great company -- but remember, you can't patent great ideas, and that's what exactly most of what you describe sounds like.

    If they had a sufficiently non-obvious mechanism to implement some of their great ideas, they could patent the mechanism, but anybody else is quite free to come along and use a different method with the same result. Even if Tivo thought of it first.

    --
    We live, as we dream -- alone....
  43. Re:State Law: The damages will probably be reduced by Free_Meson · · Score: 3, Informative

    Patent infringement cases are exclusively federal jurisdiction, so any state laws pertaining to damages would be completely irrelevant. More importantly, there aren't "punitive" damages in patent infringement cases -- the patentee is entitled to lost profits or a reasonable royalty for past infringement and an injunction against future infringement. Where the jury finds the infringement to be willful, that number can then be trebled.

  44. Tivo yea whatever by Anonymous Coward · · Score: 0

    I completely fail to see what all the broo HA hA is about
    you want to watch something again well thats easy wait an hour switch up a chanel or 2 and bingo the whole lota again repeated repeated repeated repeated repeated ..

    It is about time people spen more time effort and money producing more watchable tele to start with this endless repeats crap is just that crap and things like TiVo only enhance the problem the video recorder was a pain now looks like TivO may be heading the same way .

  45. Re:I don't think this is a bad ruling and here is by Scarblac · · Score: 1

    You haven't described anything that should be eligible for patenting. You don't get patents for making a widget that does X, you get a patent for the particular way in which it achieves doing X.

    So ok, 30 second skip is a useful idea, it was new, I'm not going to debate if it's an idea or not. It doesn't matter - a valid patent would be one for the particular way they achieved doing a 30 second skip. And although I have no idea how the Tivo works, I don't believe their method of achieving that was unobvious. In fact, I bet that forwarding a MPEG-2 video by an arbitrary number of seconds was already well known, and they probably used a method that was already common.

    It seems that the Tivo did some pretty cool things that were new at the time, however, none of the underlying specific technology was patent-worthy or even new.

    --
    I believe posters are recognized by their sig. So I made one.
  46. Re:Some of TIVO's US patents by PortHaven · · Score: 1


    6,847,778 - Multimedia Visual Progress Indication System
    [available in Quicktime and RealPlayer for over a decade]

    6,850,691 - Automatic playback overshoot correction system
    [this is unclear to me, is this to handle synching? there's been such corrections for year otherwise what the heck are they talking about?]

    6,792,195 - Method and Apparatus Implementing Random Access and Time-Based Functions on a Continuous Stream of Formatted Digital Data (continuation of 6,327,418)

    [Wasn't this done for digital data access years before hand. Does the fact that the digital data contains "media" invalidate such random access methods?

    6,757,906 - Television Viewer Interface System
    [I believe they created their own interface]

    5,241,428 - Variable-Delay Video Recorder
    [ Don't see this being much bigger than the video/audio delays used in broadcast TV & radio ]

    3615486 - Multimedia Time Warping System
    [ Oh this is !@#$ing great. Now when some guy invents a time machine that lets you travel back in time as an observer he's going to get sued for violating this royally !@#$% vague patent.

    ZL 00805987.X - Data Storage Management and Scheduling System
    [ It's called a "timed backup" and has been done for decades ]

  47. MEMO FROM TIVO HQ: by Anonymous Coward · · Score: 0

    TiVo, Inc. is proud to announce victory over EchoStar and their theiving engineers. This patent over our highly-innovative software sets an excellent example of freedom of innovation that our country holds so dear. TiVo's position as the pioneer in digital video technology has been upheld, allowing us to leverage our unique innovations such as 'time-warp' technology and 'suggestions'.

    TiVo, Inc. is willing to work with EchoStar Technologies to come to an agreement in which their infringing devices can continue to be legally used. Such a licence agreement will be fair to customers and fair to TiVo.

    Until such a deal is agreed upon, all EchoStar users are asked to cease and desist use of their digital recorders. Comcast and MythTV users are also asked to discontinue their use of our 'time-warp' technology.

    Consider this your final warning. Thank you for using a TiVo!

  48. As a TiVo share holder ... by Frobozz0 · · Score: 1

    As a TiVo share holder I'm more than happy to see my shares nearly double in the past couple weeks, given this verdict.

    I think it goes to point out that TiVo really was shafted by a number of companies who thought they could take a look at what TiVo had done and just do it themselves. Well, good for TiVo.

    --
    "Politicians find new names for institutions which under old names have become odious to the people."
  49. What about OSS of similar functionality? by forrie · · Score: 1

    How about MythTV and any other open source project of similiar functionality. Will this be next on their lawsuit list?

  50. Quit your crying, Nancy! by elrous0 · · Score: 1
    Tivo has always been an innovator in the DVR field. When something new comes along, they're usually the first to do it. All these cable companies, satellite companies, etc. have ripped them off, using a captive audience to undermine Tivo's hard work. Tivo has never rested on their laurels, and they've never gotten the respect or reward that they have deserved. More power to them!

    -Eric

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  51. Rednecks prefer Monopolies by abricko · · Score: 0, Flamebait

    The redneck jury gave validation to Tivo to create a monopoly on DVR. The fact is Tivo didn't invent the DVR they improved it (arguably). While I have used their DVR and I find it user friendly (often drives me nuts it's so dumbed down) and it does have some *geek* friendly features which set it apart from most DVRs... it's sad to see other companies not be able to produce their own DVR without Tivo forcing their hands into it.

    Tivo is trying to be the Microsoft of DVRs and apparently the Rednecks in Texas agree. Echostar and other companies have not ripped off Tivo, if you've used a Tivo and used any other DVR you can tell the difference. Tivo's business model has been wrong and that is the reason why they have not been able to turn a profit.

    Who would enjoy paying $12 / month plus the hardware fee (now they give free boxes away with a higher monthly fee) just for the privilege to receive guide data and record / re-encode your analog tv, cable, satellite? They are an addon which doesn't make much sense.

    I hope Tivo doesn't sue every home-brew / MythTV DVR user. My bet is Sony is next to be sued, they have a DVR which uses OTA guide data, all you have to do is buy the hardware.

  52. Re:Some of TIVO's US patents by theCoder · · Score: 1

    6,850,691 - Automatic playback overshoot correction system
    [this is unclear to me, is this to handle synching? there's been such corrections for year otherwise what the heck are they talking about?]


    I haven't looked at the patent, but this sounds like TiVo's system of stepping backwards a little bit after the user hits "play" while fast forwarding. It's a brilliant feature, since often you don't hit play until after the point at which you wanted to play begins. It works very well, but was made somewhat moot once I enabled 30 second skip. Now, if only I could get it to automatically filter all commercials (and be able to download and play TiVo files on my Linux box).

    --
    "Save the whales, feed the hungry, free the mallocs" -- author unknown
  53. Got to say it! by wrfelts · · Score: 1
    Main difference between Tivo's and NTP's case:

    Tivo:

    • Patented a non-obvious (at the time) idea (not the software behind it!)
    • Went out on a limb to develop and market an actual product.
    • Deserves the protection for which the patent system was originally designed.

    NTP:

    • Patented a very vegue idea (so vague it could apply to many technologies)
    • Did not attempt to develop anything AT ALL.
    • Waited for someone to accidentally trip over their vague patent (who was actually making scads of money).
    • Deserves no protection because they were not innovating (which is what the patent system is supposed to protect), they were trolling for innovators with cash.

    This folks is why Tivo is getting a fairly good response from /. on this news whereas NTP got lambasted. Alas, NTP got more that 1/2 a Billion dollars for trolling, even while losing their patents, while Tivo gets a lousy 75 million. The problem is not so much with our patent system (yes there are problems there...) but with the lawyers who pervert the system with NTP-like trolling companies and idiot Judges (lawyers with authority) who don't mete out justice. Laws are put on the books to level out the playing field for the sake of justice. Lawyers tend to pervert the laws and the system for financial or political gain.

    Lawyers shouldn't make laws (ie: go to congress), and lawyers shouldn't interperet laws (ie: judicial branch). It is a clear conflict of interests. The clear (written and spoken) intention of the founding fathers of the USA was to have a citizen government ("a government of the people, by the people, and for the people"). They wrote volumes on this. We have been duped by the lawyers and we need to put a decisive stop to this madness in every form! There are many good hearted lawyers, but the very system that trains them teaches them that the current system is right with an egalitarian manner that the students usually miss until they are already indocterinated. This is ery similar to the way that slave-owners' children were taught that "slavery was merciful" or that "slaves were sub-human", by giving examples of "obvious" inteligence differences that were forced on the slaves by the slavery itself!

    ...pant...pant...

    ok, i'm off my soapbox again....

    NEXT....

    1. Re:Got to say it! by nasch · · Score: 1
      Lawyers shouldn't make laws (ie: go to congress), and lawyers shouldn't interperet laws (ie: judicial branch). It is a clear conflict of interests. The clear (written and spoken) intention of the founding fathers of the USA was to have a citizen government ("a government of the people, by the people, and for the people").
      Aren't lawyers citizens? Do you really think banning someone from running for office because of their profession is a good idea? Or are you just saying you wish lawyers would refrain from running for office voluntarily?
    2. Re:Got to say it! by wrfelts · · Score: 1
      I think that the people need to get a clue that a large portion of our loss of freedoms due to greed are, in large part, a result of a political system that strongly favors that one profession. This is due to the fact that most legislators and almost all judges (I can't think of one who isn't) are lawyers. It is a fact of human nature that if you stack the deck (or congress, for that matter) with people who are of one basic persuasion, they will begin twisting the whole thing in their favor, even without knowing it.

      As a people, we need to become, for a good long time, anti-lawyer biased, in the area of government. There are, as always, exceptions to the rule. Yes, lawyers are citizens too and have that right. Yes, there is a need for lawyers (no witch hunt here.) We just need to expose the fact that we put ourselves in this perdicament because we historically put lawyers on a false intellectual pedistal above the rest of us. We need to scream "the emperor has no clothes" and reverse the damage before it is too late. The ability to argue a case or navigate red tape does not ensure wise or trustworthy rulers. It has, typically, meant just the opposite. There are many old men with "common horse sense" that would do better as a judge than a good majority of the law-educated existing judges. Ya know, the kind of guy who can spot a liar a mile away and has the guts to tell him so to his face. In a practical matter, the kind of guy that will say, "Yes, that cop got the evidence in an improper manner AND WILL BE PROSECUTED FOR IT, but that evidence, in and of itself is irrefutable and WILL BE ADMITTED." (BTW: This last part will only work if the punishment for crossing the line is severely harsh.)

      It's a stetch, but if we can wake the people up we have a chance of restoring the balance before all of our rights and protections are sold out to the highest bidder.

    3. Re:Got to say it! by nasch · · Score: 1

      I get what you're saying. As an aside now about the evidence thing, which I understand is totally off topic and just an example you picked out. However, you can't admit evidence gathered improperly, because the judge doesn't decide what gets prosecuted and what doesn't, the DA does. If the DA sees that it's easier to prosecute with improperly gathered evidence, which gets admitted in court, he will have incentive to ignore such violations. The police will see this and start ignoring rules of evidence gathering. Beating a confession out of someone? If it gets a conviction and nobody gets punished for it, I'm sure it would start happening. And BTW it's a good thing that judges don't decide on prosecutions.

  54. Fly on the Wall by Nom+du+Keyboard · · Score: 1
    That broke down to $32.66 million in lost profits from sales of set-top boxes -- $169.50 per box.

    Yeah, I've long felt TiVos are rather over-priced. Now I know it for sure.

    But now did this happen? From the fly on the wall.

    TiVo 1: What does a VCR do?
    Tivo 2: Record at preset times, fast forward, rewind, visually skip through unwanted material.
    Tivo Lawyer: You can patent that simply by changing VCR to DVR.
    Patent Office: Wow! Another new, unobvious innovation in the television market!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  55. proper link by bill_mcgonigle · · Score: 1

    Oops, looks like Slashcode can't handle archive.org links. Here's one to tinyurl.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  56. Re:This is why Slashdot is now a heaping pile of s by Viewsonic · · Score: 1
    If this was so, why were their competitor (Echostar) unable to bring this "obvious" technology to their device to begin with? They didn't. Their first device couldn't do this. They could, once they saw Tivos machine, though. And this was their downfall.

    Again, your entire arguement is invalid, because if it *were* obvious, Echostar would have done it from the start.

    And yeah, your arguement with 2 VCRs is just as stupid. Coulda, woulda, shoulda.

    Go patent Mayostard or Mustardayonnaise or something.

  57. MONOPOLY is the problem. by toy4two · · Score: 1

    The Cable / Sat monopoly forcing users to take their watered down and buggy DVR's is the real problem here. Just like Microsoft uses its monopoly power to force Media Player or IE on users.

  58. Re:This is why Slashdot is now a heaping pile of s by Anonymous Coward · · Score: 0

    Hmm... nobody was doing one-click ordering before Amazon, either.

  59. Details? by Lord+Kano · · Score: 1

    I am having problems finding details on the case. Did Echostar rip off TiVo IP in their DVRs or is TiVo claiming to have a patent on the idea of digitally recording a satellite TV broadcast for later viewing?

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  60. People are missing the obvious here by Mangelwulf · · Score: 1

    Assuming the Tivo patents are upheld, what is the next logical step? A movie studio, or a tv company, or a consortium of the same purchase Tivo and use the patents to shut down all of the DVR's. Tivo's are no longer made as they do not make money, cable DVR's are stopped due to patent infringement, etc. That is the SCARY scenario. DVR"s - we hardly knew you!

  61. THANK YOU! by rrgg · · Score: 1

    Thank you! No one is focused on what the patent actually says. They just think TiVo is cool and deserves to win whatever the lawsuit is. A friend of mine "invented" a hard-drive vcr in the late 80's. TiVo also thought it up. It is not worthy of a patent.