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Microsoft Sues TiVo

doperative notes that "TiVo [is accused] of infringing four patents. Microsoft is asking that TiVo be barred from importing the digital-video recorders, which are primarily made in Mexico and sold in the U.S... The four patents in the ITC case relate to program schedules and selection, controlling the interface, and a way to restrict use of the DVR based on the program’s rating."

24 of 112 comments (clear)

  1. The Complaint and Patents by eldavojohn · · Score: 5, Informative

    "Sue" isn't the best choice of words here. It was an ITC Complaint that Microsoft hopes will result in the banning of TiVo imports from Mexico that allegedly infringe on Microsoft's patents. The patents are 5,585,838, 5,731,844, 6,028,604, and 5,758,258. You can find confirmation from Microsoft's mouth here.

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    1. Re:The Complaint and Patents by OzPeter · · Score: 5, Informative

      You can find confirmation from Microsoft's mouth here.

      And in the winrumors link you supplied, it says that MS took this route ".. days after Tivo brought a lawsuit against close Microsoft partner, AT&T". Surprise!

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    2. Re:The Complaint and Patents by LO0G · · Score: 5, Informative

      TFS leaves out one critical point in TFA. This complaint is in reaction to TiVo suing AT&T (and Microsoft since the software in question was written by Microsoft (MediaRoom)).

      This isn't as simple as "big bad Microsoft is suing poor little TiVo". According to TFA, this is just another volley in a protracted lawsuit.

    3. Re:The Complaint and Patents by mcgrew · · Score: 2

      It leaves out a couple of points, anoher important one is that they're in discussion for a cross-licensing agrement.

    4. Re:The Complaint and Patents by just_another_sean · · Score: 2

      They are suing Tivo in Seattle as well.
      From the article:

      SEATTLE, Jan 24 (Reuters) - Microsoft Corp (MSFT.O) sued digital video recorder company TiVo Inc (TIVO.O) on Monday...

      The claims of patent infringement, made in federal court in Seattle...

      emphasis mine...

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    5. Re:The Complaint and Patents by poetmatt · · Score: 2

      yes, and they're taking the ITC loophole, which is only used whenever someone is going for damage (but not to actually prove anything in court)

    6. Re:The Complaint and Patents by slashdottedjoe · · Score: 2

      Some of these patents are so lame they are beyond belief. A menu system is unique? The general feeling of a Tivo, I had one for about 8 years, reminds me of DOS apps. You know, using the arrow keys to move around. Is bringing the concept of paper menus to a computer really innovative? Instead of a cursor you use your eyes to navigate a menu and you make your selection verbally. It is obvious that a pointer and a selection button would be needed to take over the role of eyes and verbal commands. How else would they have done it? Telepathy?

      Software patents are evil. I can understand a unique complex algorithm, but menus? Showing descriptions? If they had such patents in the 1970s, we probably never would have had the PC revolution.

      It seems anything that has networking added is suddenly new and completely innovative, too!

      Does Intel hold the patent on addition or subtraction on a cpu? Not their specific hardware implementation, but the general concept of doing math with electronics, so they can patent troll everyone? I think George Boole got ripped off then by not patenting boolean logic on anything, including fingers, hydraulics and all future implementations thereof, including the human mind.

      If I imagine a menu in my head to do a task, am I infringing?

    7. Re:The Complaint and Patents by AlwaysTheQuietOne · · Score: 4, Interesting

      I've looked at those patents. They're not "inventions", they're requirements documents. If that is the criteria, I should patent everything I ever developed requirements for and coded.

    8. Re:The Complaint and Patents by just_another_sean · · Score: 2

      I'm pretty sure Dish and DirecTV have settled with Tivo over this and are currently paying
      licensing fees to use these patents. It took a while but in the end they settled. I remember
      because while I was a Dish subscriber my DVR settings kept subtly changing and Dish's blanket
      reason for it was that they were working with Tivo to provide functionality that didn't
      infringe. Sorry for no link, I'm sure googling for Tivo & Dish Network will provide plenty of
      details.

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    9. Re:The Complaint and Patents by BuckaBooBob · · Score: 3, Insightful

      This should be tossed out by the judge before it even begins...

      Tivo has been selling boxes since 1999 and has been very public about it.. They are not some Overnight Success that just came out of nowhere.. If they have been infringing this lawsuit should have poped up years ago..

      If Tivo added new features that are Infringing then they should be order to roll back or roll out non infringing Firmware.

      If they are new granted Patents.. Tivo either has prior art or Tivo never researched enough..

      If the Software Patent system isn't going to change there should be arbitration required to settle most cases thats funded by both parties to reduce the load of the Justice system...
      The vast majority of patent suits should be able to be settled out of court..

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    10. Re:The Complaint and Patents by sortadan · · Score: 4, Interesting
      as a long time tivo customer, i feel comfortable saying go microsoft!

      tivo cares nothing for it's users, and the sooner they go out of business the better.

      once upon a time they had a great product, and they made it terrible by forcing annoying advertisements in all their menus, as soon as you pause anything, over live tv when a product is featured, and they don't provide digital over the air programming info for non-cable subscribers. 100% of customer contact goes through a call center which is powerless to perform all but the most basic tasks.

      /rant

  2. Poor TiVo by commodore6502 · · Score: 3, Insightful

    Always getting sued by someone.
    I wonder how Microsoft can claim the patent when Tivo was first with the DVR capability. Also: Why did microsoft wait almost 15 years to bring this complaint? Why the delay Borgified Bill.

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    1. Re:Poor TiVo by unity100 · · Score: 2

      first to invent, not first to file. thats the rule.

    2. Re:Poor TiVo by wjousts · · Score: 2

      IIRC, it depends on where you are. Rules vary by country. I think the US is first to invent, while most of the rest of the world is first to file. Of course, you have established that TiVo was first to invent either, only that they were first to market successfully.

  3. rating? by Anonymous Coward · · Score: 5, Insightful

    >restrict use of the DVR based on the program’s rating.

    Isn't that what the rating was put there FOR? my god, how did they get a patent on that?!!?

  4. Funny... by Daniel+Phillips · · Score: 3, Interesting

    Funny how three of the patents were granted just at the time the Tivo must have been in final development.

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    1. Re:Funny... by godefroi · · Score: 3, Informative

      Why's that funny? I don't see the connection. What would be more interesting is when the patents were FILED in relationship to the TiVo development.

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  5. Re:Usual bullshit... by telemart73 · · Score: 5, Interesting

    I respectfully disagree. Back in the day (2001?) I had a Microsoft UltimateTV for our satellite service. I felt the technology was considerably more sophisticated and easier to use than Tivo. IIRC, the user interface was much quicker and effective and it also had dual tuners. I believe MS stopped selling it less than a year after release for whatever reason. I kept using it as my preferred DVR until DirecTV released their HD DVR. Granted, these patents appear amazingly broad and I have personal issue with software patents like this, but saying MS cannot compete on merits is not true, at least in this case, IMHO.

  6. Re:Usual bullshit... by Richy_T · · Score: 2

    Microsoft can compete on merits but they stopped selling it the year after release? Could the one be the disproof of the other perhaps?

  7. Re:Usual bullshit... by Eggplant62 · · Score: 4, Insightful

    Yes, no clue from someone who has watched MS since the late '80s, when they were still producing Xenix, had hijacked IBM's DOS and called it their own, the DR DOS debacle, the bad treatment of WordPerfect, Novell, et alia, the payoffs to SCO, and now they're suing to help out their customer, AT&T in defense of a lawsuit in which MS has no firsthand involvement. Why did MS stop selling that TV? Could it be that they weren't seeing the customer demand for their own products that other companies like TiVO were? My disdainful comment stands, gents, sorry.

  8. Re:Microsoft Owns the Law by Gadget_Guy · · Score: 3, Insightful

    Nobody can complain of or sue Microsoft effectively. Microsoft can use the law to bust someone's balls for something.

    What about Eolas (don't want to link to a patent troll), which sued Microsoft for auto-activated controls in a web browser and won half a billion dollars? Or i4i which sued them for being able to edit custom XML tags in Office 2007 and won $290 million? Oh, and Sun sued them over Java and won, although that resulted in Java not being installed by default on the dominant platform which I always thought was a terrible outcome for Sun.

    I am sure that there are plenty of other examples, but those are the ones that jumped to mind. Most lawsuits end in private settlements so we never know the final figure.

  9. Time to End software Patents by bobs666 · · Score: 3, Interesting

    These are not valid patents. They are just products Microsoft hopes to sell one day. So Microsoft is just abusing patent law to build the monopoly.

    When will this charade be put to an end. And since when did Microsoft own the rights to the function of the 'V' chip?

    Oh ya, when the patent was granted. Go figure.

  10. Re:Microsoft Owns the Law by Grishnakh · · Score: 3, Interesting

    No, MS winning against Eolas wouldn't have helped anything or changed the situation. If someone has to be a patent troll, I'm happy to see them go after Microsoft and other big monopolists and take away some of their cash. I haven't seen Eolas suing anyone else, such as Opera or Mozilla, so I don't feel to badly about them.

    What I would have liked to see in that situation was MS do something useful with their power, and pressure government to fix the patent laws so that they silliness with software patents is stopped. But they didn't do that; they'd rather pay $500M so they can keep using their software patents as offensive weapons against smaller competitors.

  11. Satellite TV from the early 80s predates all. by Viewsonic · · Score: 2

    How was Microsoft awarded any or all of them from mid to late 90s when they were already being done through Satellite TV boxes in the early 80s, maybe even late 70s?