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Microsoft Sues TiVo To Help AT&T

Julie188 writes "Microsoft is suing TiVo, claiming patent infringement. Microsoft is doing this because TiVo has sued AT&T — and AT&T happens to be Microsoft's largest customer of Microsoft's Mediaroom IPTV technology. Microsoft says that TiVo has copied Microsoft's Mediaroom IPTV technology in its DVRs. If Microsoft wins, it would effectively block TiVo from selling DVRs without a licensing deal with Microsoft."

21 of 168 comments (clear)

  1. Surprise Surprise by Murdoch5 · · Score: 0, Insightful

    Wow it looks like Microsoft wants another Monopoly, I'm shocked!

  2. Which is it? by gregg · · Score: 3, Insightful

    Is this an example of "the enemy of my friend is my enemy" or the beginning of "mutual assured destruction"?

    1. Re:Which is it? by SilverHatHacker · · Score: 3, Insightful

      Those two aren't necessarily exclusive...

      --
      Funny may not give karma, but +5 Informative never made anyone snort coffee out their nose.
    2. Re:Which is it? by drinkypoo · · Score: 1, Insightful

      We could probably do without Tivo, in the long run. I mean, they may be competent, but they're competent bastards. Remember Tivoization?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Which is it? by drinkypoo · · Score: 1, Insightful

      Fuck you, I support Tivo's legitimate use of GPL v2 code.

      I note that you don't support it enough to log in before you tell me 'fuck you'. The very definition of cowardice.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  3. Re:Circular reasoning by Cryacin · · Score: 2, Insightful

    Nobody wins but the lawyers.

    --
    Science advances one funeral at a time- Max Planck
  4. Re:Patent infringement is a nuclear weapon by drinkypoo · · Score: 2, Insightful

    Humans are so damn smart it is scary.

    If humans were so smart, you wouldn't have to explain the golden rule to them.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  5. Re:Sure have been a lot of patent suits lately by TubeSteak · · Score: 4, Insightful

    What makes you think any of these companies want reform?
    They love this game of Mutually Assured Destruction.
    They end up cross licensing patents and it creates barries for upstarts.

    More importantly, they have the money and the lobbyists to keep the game rigged in their favor.

    --
    [Fuck Beta]
    o0t!
  6. Re:Hahaha, wow. by Anonymous Coward · · Score: 1, Insightful

    Tivo a surrogate for Linux? Bullshit. Tivo's abuse of GPL loopholes is what prompted the changes to GPLv3.

  7. Re:Patent infringement is a nuclear weapon by MrNaz · · Score: 2, Insightful

    Not true. In a capitalist society the golden rule is: If it makes money and isn't illegal, do it.

    If we're so proud about winning the cold war, how come we keep complaining about the precise thing that we were fighting for?

    --
    I hate printers.
  8. Re:Hahaha, wow. by icebike · · Score: 2, Insightful

    Well, so says Stallman, but Torvalds sees nothing wrong with that.

    Besides, this is a nuance probably lost on Microsoft.

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    Sig Battery depleted. Reverting to safe mode.
  9. Re:Hoist on their own petard... by daveime · · Score: 2, Insightful

    For the same reason is wasn't laughed out of the patent office in the first place ... the patent office are a bunch of assholes who rubber stamp any patent that ends in the words "... using a computer".

    I mean seriously, prior art ?

    A DVR is nothing more than a "VCR using a computer" ... you see how that magic phrase works now ?

    Even in computer terms, the TiVo is not the first playback device that had a seek bar to rewind / forward-wind content to the desired position. This should never have made it out of the patent office's door (along with about another 100,000 software "innovation" patents each year).

  10. Re:Hoist on their own petard... by diamondsw · · Score: 4, Insightful

    Except Tivo wasn't a patent troll - they actually produced a best-of-class product that the courts agreed was being infringed on. I know patent litigation is unpopular (and for good reason), but Tivo appeared to be a case where it was Working As Intended.

    We'll see with Microsoft, although the timing is certainly suspect.

    --
    I don't know what kind of crack I was on, but I suspect it was decaf.
  11. Re:Hoist on their own petard... by h4rr4r · · Score: 3, Insightful

    But their patents are about as great as amazon one-click. Nothing they did was new or novel enough that it should have been patentable.

  12. Re:Suing TiVo for delivering content ? by mystikkman · · Score: 2, Insightful

    It's Tivo that's suing willy nilly.

    The latest legal salvo comes a few months after TiVo launched its own strike against AT&T and Verizon Communications Inc. (VZ), alleging that their video services illegally use its TV "time-warping" technology in their digital video recorders. AT&T's U-Verse TV service runs on Microsoft's Internet video technology.

    AT&T declined to comment on Microsoft's legal actions.

    TiVo hasn't been shy about using the courtroom to protect its intellectual property. The company also has a long-running dispute with Dish Networks Corp. ( DISH) and sister company Echostar Corp. (SATS) over the same DVR technology. The company has agreements with most of the cable companies and DirecTV Group Inc. ( DTV).

  13. Re:I wonder if there are any ms fanbois still left by mystikkman · · Score: 3, Insightful

    Typical foaming at the mouth anti-MS zealots, fail to read TFA and spreading FUD in knee jerk reactions.

    It's Tivo that's the enemy of the new digital era.

    It's Tivo that's suing willy nilly.

    The latest legal salvo comes a few months after TiVo launched its own strike against AT&T and Verizon Communications Inc. (VZ), alleging that their video services illegally use its TV "time-warping" technology in their digital video recorders. AT&T's U-Verse TV service runs on Microsoft's Internet video technology.

    TiVo hasn't been shy about using the courtroom to protect its intellectual property. The company also has a long-running dispute with Dish Networks Corp. ( DISH) and sister company Echostar Corp. (SATS) over the same DVR technology. The company has agreements with most of the cable companies and DirecTV Group Inc. ( DTV).

  14. Re:Patent infringement is a nuclear weapon by mysidia · · Score: 2, Insightful

    Except... that sleeping on your rights for that purpose gives them an affirmative defense against you: laches

    The person invoking laches is asserting that an opposing party has "slept on its rights," and that, as a result of this delay, that other party is no longer entitled to its original claim. Put another way, failure to assert one’s rights in a timely manner can result in a claim's being barred by laches. Laches is a form of estoppel for delay. ...

    Laches essentially alleges prejudicial delay and unfairness in the context of a particular situation

    Still.. even the threat of suing, and the legal fees might (in some cases) be enough incentive for the target to be persuaded to do what you want...

  15. Re:Circular reasoning by Dun+Malg · · Score: 2, Insightful

    No, it means they cross license, and the only ones who lose are those third parties who wish to enter the same market and will now have to license both patents.

    --
    If a job's not worth doing, it's not worth doing right.
  16. Re:Patent infringement is a nuclear weapon by smidget2k4 · · Score: 3, Insightful

    I thought it was:
    1: If it makes money and it's legal, do it.
    2: If it makes money and it's illegal but makes more money then it would cost to be legal, do it.
    3: If it makes money and it's illegal but would cost too much to do, change the law.

  17. She's An Old Whore by b4upoo · · Score: 2, Insightful

    Reputation should not matter and each case should go to the courts on its own merits. However Microsoft is an old whore with a wicked, dirty, reputation. Judges and juries have got to go into a Microsoft trial with a bit of an urge to tie a hangman's knot and I don't blame them. Considering the several billions in losses that Microsoft has already received in various trials perhaps they should be shy of the court house and not think about dragging people to trial.

  18. Re:Hoist on their own petard... by AK+Marc · · Score: 3, Insightful

    Oh I see now, its WAY FUCKING BETTER THAN A VCR.

    Yes, you paid them lots of money so you have to run to their defense, I get it. However, nothing changes the fact that they are a VCR on a computer. Once you have a non-linear medium, the features you mention are obvious. They didn't "invent" anything a 5 year old didn't already think up 20 years ago, they were just the first to use it commercially, so they get copyrights on ideas (when you shouldn't be able to copyright ideas, just specific implementations of them) that are simple, obvious, and often not even new (other than the "on a computer" part).