Dish stay extended pending appeal

[nrc]

Dish has another reprieve.

http://www.reuters.com/article/rbssTechMediaTelecomNews/idUSN0153080520090702
The appeals court found that DISH and EchoStar had met their "burden of proof of demonstrating the requisites for a stay" by showing that they could prevail in their appeal or that they have a "substantial case" and could suffer potential harm from the lower court order.

[jfh3]

Unreal. How in the world could the CAFC find that Dish could possibly prevail on appeal of being in contempt for failing to follow a valid court order to disable the DVR functions of the infringing DVRs?

Is Tivo ever going to get out of this litigation hell?

[daveak]

DirecTV is willing to team with TiVo, and will likely realize a subscription increase with a new TiVo DirecTV box. I cannot imagine too many TiVo fans ever jumping on board with dish, even if there was a nice TiVo type box you could use on the dish system. I am not a lawyer, but it seems so obvious dish is in the wrong. Go TiVo.

[randyb359]

DirecTV is willing to team with TiVo, and will likely realize a subscription increase with a new TiVo DirecTV box. I cannot imagine too many TiVo fans ever jumping on board with dish, even if there was a nice TiVo type box you could use on the dish system. I am not a lawyer, but it seems so obvious dish is in the wrong. Go TiVo.

I actually left Dish when I went HD because I could not use a TiVo. So this case has cost them at least one subscriber

[dswallow]

This statement is just laughable:

"Court expedites appeals schedule for November."

The court has never expedited anything related to this case. And 4-5 months is "expedited" for a case that's been going on like this for years?

[parzec]

I am afraid that the appeals court is woefully incompetent on technology issues.

[ZeoTiVo]

:mad:

[nrc]

Tivo's press release.

"We are confident that the District Court judge's thorough and well-reasoned decision finding EchoStar in contempt of court for violating the injunction and awarding further damages will be upheld once the Federal Circuit has the opportunity to review the merits of the case. The Court of Appeals stayed the District Court's order the previous time this case was heard on appeal and ultimately affirmed the judgment against EchoStar. We are pleased that the court recognizes the urgency of ruling on this appeal and has ordered an expedited briefing schedule."

Evidently the Appeals Court feels that the right course is not to risk harming Dish over this in case they should turn out to be innocent. Unfortunately this leaves TiVo exposed to irreparable harm for the duration of the proceedings.

[magnus]

I think Dish paid sonmeone to get this stay. There is no reason to grant it. There is only one option left for Dish and that is to do what is right.

[sgip2000]

I think Dish paid sonmeone to get this stay. There is no reason to grant it. There is only one option left for Dish and that is to do what is right.

There's actually 2 options. They could try to buy Tivo. If you think about it, that may not be a bad idea. Tivo and Dish are #1 and #2 for the best DVR's. If done properly, they engineers from both companies could work together to make one kick a$$ DVR.

[Curtis]

There's actually 2 options. They could try to buy Tivo. If you think about it, that may not be a bad idea. Tivo and Dish are #1 and #2 for the best DVR's. If done properly, they engineers from both companies could work together to make one kick a$$ DVR.DirecTV and the cable companies wouldn't want to do business with Charles Ergen. There are clauses in the existing contracts that allow them to back out if TiVo changes hands.

[magnus]

Yep, I am thinking that I would not want Dish owning Tivo.... if I were Directv, Comcast, and now TWC.

DirecTV and the cable companies wouldn't want to do business with Charles Ergen. There are clauses in the existing contracts that allow them to back out if TiVo changes hands.