Advertisements correct that POS was not derived from TiVo ideas and obviously showed DISH that it had a lot of work to do to figure out how to make a useable DVR the facts are that TiVo did approach DISH about making a DVR for them before the TiVo standalone came out. DISH showed interest in doing a deal and got talks to the pint of TiVo presenting a prototype DVR to DISH to show how it would perform. Soon after that the prototype disappeared and DISH said they changed their mind. In the long winded court case that has taken many years - the jury found that DISH wilfully infringed Tivo patents and that the early DISH DVR models after the Microsoft fiasco did indeed utilize the approach invented by TiVo. Those are the facts, and DISH was just told by a judge that they do not get to retry those facts and so there is no need to do so here either. and the rest of this is only half correct. That being that of course DISH looks at direct competition with DirectTV but also does indeed look at cable and standalone DVRs as competition to its now independent DVR division.