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Patents Television

TiVo Relaunching As a Patent Troll? 335

An anonymous reader writes "TiVo's quarterly call was a bit more dramatic than usual. While they continue to lose customers and innovate 'at a very unhurried pace,' TiVo seeks a repeat DISH Network performance in going after AT&T (T) and Verizon (VZ) for infringement. Basically, TiVo's current business model appears to be ad sales and patent trolling."
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TiVo Relaunching As a Patent Troll?

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  • Not a troll (Score:3, Informative)

    by geekoid ( 135745 ) <dadinportland&yahoo,com> on Thursday August 27, 2009 @01:22PM (#29219245) Homepage Journal

    It's a legitimate case for used technology.

    A patent troll is just someone who patents lots of 'ideas' and then sue whoever happen to have something similar in the market.

  • by DragonWriter ( 970822 ) on Thursday August 27, 2009 @01:31PM (#29219419)

    So the originator should be the only one to produce that item and should have the market to themselves? Thats ridiculous.

    Ridiculous or not, that the whole idea of patents, as a means of providing a reward for innovation and thereby encouraging innovation. To quote the provision of the US Constitution enabling patents and copyrights: "The Congress shall have the power [...] [t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

    Thats like only have Ford cars

    Well, if Ford had invented the car, sure, it would be like only having Ford cars for a brief period after Ford invented them.

  • Re:TiVo was cool... (Score:3, Informative)

    by Strudelkugel ( 594414 ) on Thursday August 27, 2009 @01:33PM (#29219447)

    I have a Series 1 Tivo; bought it about 10 years ago with a lifetime subscription. I late 2004, the cableco offered an HD DVR with HDTV, etc, so I switched to that configuration and stuck the old Tivo on the shelf. In 2008 I subscribed to Netflix, and thought the cableco DVR really wasn't needed anymore since I rarely watch live sports at home, and everything else of interest in HD was available on HD DVD or upscaled DVD.

    I looked at the Series 3 HD Tivo, and decided to get one because it was cheap enough to amortize the cost in a few years, could stream Netflix and had some other nice features.

    My experience with it was bad, though. The thing had too many software bugs and there are far too many ads embedded in the menus. Tivo has unfortunately jumped the shark. I returned it, got a Roku box for Netflix, and reconnected my old Tivo (good thing I got the lifetime subscription), which makes sense now that the only timeshifting I need to do is for broadcast television, since everything else of interest to me can be streamed.

    Sorry to say, but I think Tivo will not be a "going concern" for much longer, given, in my experience, that their product quality has plunged and the need for a DVR is diminishing as more content becomes available via streaming. It's interesting to me that streaming made the old Tivo relevant again.

  • by Anonymous Coward on Thursday August 27, 2009 @01:33PM (#29219455)

    Further, the "unhurried pace" quote actually refers to dealing with an expired Java certificate in their desktop software (i.e. nobody's working on fixing it quickly.) "Innovating at an unhurried pace" is misleading and unsupported by the quote referenced.

  • by ClosedSource ( 238333 ) on Thursday August 27, 2009 @01:43PM (#29219599)

    Digital video != DVR

  • Re:TiVo was cool... (Score:3, Informative)

    by wperry1 ( 982543 ) on Thursday August 27, 2009 @02:29PM (#29220303) Homepage Journal
    The are at lease trying to get into those markets. The already offer Netflix streaming and you can purchase or rent content from Amazon. Hopefully they will continue to expand these options into content from sites like Hulu. I'd hate to lose my Tivo box because they went out of business.
  • by Anonymous Coward on Thursday August 27, 2009 @03:14PM (#29221053)

    Your DVR can't do a lot of things because the company that made it refused to get a license from Tivo.

    Tivo innovated, a lot. Their main patent involves the use of a buffering mechanism to allow you to pause, rewind, and ff on Live TV. Simple enough, it's using a buffer on disc along with an encoder and decoder chip that are wired into DMA, so that you can bypass the bottleneck of the CPU and such.

    It wasn't an obvious innovation, and nobody had done it before. It was, however, a necessary innovation, because without it, the hardware at the time (1998) wasn't up to the task. Nowadays, a modern PC is fast enough to pull it off without trickery like this, but guess what: Every modern consumer DVR device uses this technique. Why? Because it's cheap commodity hardware, they have to do this sort of thing.

    Tivo's patent is valid and they deserve to win this suit. They were more than fair, approached every cable company, tried to license their software to them for cable box devices, etc, etc. They deserve to get paid.

  • Re:TiVo was cool... (Score:3, Informative)

    by Qubit ( 100461 ) on Thursday August 27, 2009 @03:38PM (#29221447) Homepage Journal

    BUT, other companies are still pedaling their hardware that infringes on Tivo's (still valid) hardware patents.

    Is anyone else imagining Tivo as the Wicked Witch of the West, pedaling on a bicycle in a twister, cackling about patents?

  • by Anonymous Coward on Thursday August 27, 2009 @04:45PM (#29222681)

    Because its a minor feature in a ten year old product. Patenting every UI trick and every little feature defeats the purpose of patents. Now everyone is patented to the hilt with patents that are almost all non-novel and non-original. Companies promise to not go crazy with lawsuits, but once their profits are dropping, like we are seeing with Tivo, then the kid gloves are off.

    If it is such a minor feature, then you would think competitors could wait another ten years (when the patent appears set to expire) to incorporate the feature into their own products. Or, if there is the value of the feature is low, that any royalties that TiVo could extract from competitors would be low because of short demand for licenses.

    Arguing that "everyone" has non-novel and "non-original" (do you mean obvious?) does not address whether this particular feature was novel and nonobvious. Look at the history of the application in PAIR [uspto.gov]. The application was rejected three times. Arguments and claim amendments were made. If you can find some better art than what the examiner found, then perhaps you could file for reexamination (or tell TiVo's competitors about the art so that they can do so). Saying an invention is not new does not prove that the invention is not new; showing evidence of what existed before the invention is key.

    Ten years is a long time. Patents shouldnt even be 4 years imho, let alone the 14-20 they are now.

    Perhaps (and its 20 years from the date of filing, ignoring term extensions that can occur under certain circumstances and assuming that the patent holder pays all maintenance fees). Although arguments that patents last too long (or in some industries, not long enough) really go more to tweaking the patent system, not abolishing it for any set of technologies.

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