A federal court has awarded TiVo $103 million plus interest in its long-running patent dispute with EchoStar Communications and ordered EchoStar to disable infringing features found on its subscribers' digital video recorders.
U.S. District Judge David Folsom on Tuesday also found EchoStar, which is now part of Dish Network, in contempt of court for violating a permanent injunction by reprogramming millions of DVRs with a new "workaround."
"The harm caused to TiVo by EchoStar's contempt is substantial," Folsom wrote. "EchoStar has gained millions of customers since this court's injunction was issued, customers that are now potentially unreachable by TiVo."
Englewood, Colo.-based Dish, which has roughly 13.6 million subscribers, said in a statement it would appeal the contempt ruling and file a motion to stay an order that requires it to disable the disputed DVR features within 30 days.
"Our engineers spent close to a year designing around TiVo's patent and removed the very features that TiVo said infringed at trial," the company said. "Existing Dish Network customers with DVRs are not immediately impacted by these recent developments."
The Alviso, Calif.-based maker of set-top boxes applauded the decision.
"We are extremely gratified by the court's well reasoned and thorough decision, in which it rejected EchoStar's attempted workaround claim regarding the TiVo patent, found EchoStar to be in contempt of court, and ordered the permanent injunction fully enforced," TiVo said in a statement. "EchoStar may attempt to further delay this case but we are very pleased the court has made it clear that there are major ramifications for continued infringement."
In after-hours trading, shares of TiVo rose $2.53, or 36 percent, to $9.51, while shares of Dish fell $1.19, or 6.9 percent, to $16.05.
TiVo first sued EchoStar in 2004 for violating a patent on a "multimedia time-warping system," which involved recording a program on one channel while watching another.
A jury in 2006 found that Dish Network's DVRs infringed upon a patent held by TiVo and ordered it to pay TiVo $73.9 million in damages. A federal appeals court upheld the ruling in January 2008, as did a second U.S. appeals court in April 2008.
EchoStar has officially announced a cable-ready version of its SlingLoaded DVR. Except for the fact that it's designed to work on any Tru2way-compatible cable system, the EchoStar T2200S will not be that different from the Dish Network ViP922, which snagged the Best of CES Home Video award at January's 2009 Consumer Electronics Show.
Like the ViP922, the EchoStar T2200S offers a laundry list of features we'd expect from a high-def DVR, including a 1TB hard drive and dual-tuner support. But EchoStar is also boasting of a built-in DOCSIS cable modem, MoCA (Multimedia over Coax Alliance) compatibility, and integrated SlingGuide programming search engine--all of that in addition to the built-in Slingbox functionality, which would allow users to access live and recorded programming via a wide range of Windows and Mac computers and smartphones (including many Windows Mobile, Symbian, and Blackberry models, with an iPhone client said to be coming soon).
EchoStar's release says that the T2200S will be "available for testing" by June 2009, with a fourth quarter rollout projected. That means it'll probably be 2010 before this product sees the light of day. While a consumer CableCard version--one you could buy off-the-shelf at Best Buy or Amazon--would likely be prohibitively expensive, it's possible that customers could lease a unit from their local cable provider (an "MSO," in industry parlance) with significantly less up-front cost. As always, the devil's in the details--but we love the idea that a SlingLoaded DVR would be available to cable viewers, not just Dish Network subscribers.
(Credit:
Sarah Tew/CNET)
The Dish Network DTVPal DVR ($250) tries to fill the niche penny-pinching home theater enthusiasts have been looking for--an HD DVR that records free over-the-air HDTV, but without the costly monthly fees of the TiVo HD.
The DTVPal works more like an HD VCR than a modern DVR.
(Credit: Sarah Tew/CNET)The DTVPal gets around the monthly fee problems by relying on the program data provided with standard DTV signals and also tapping into TV Guide On Screen data if it's available in your area. However, in this case you get what you pay for, as the program data just isn't as reliable as the info you'd get from TiVo or your cable/satellite provider. We were also disappointed to see the DTVPal uses timer-based recordings rather than name-based recordings. Most DVRs offer name-based recordings, so you can tell it to record all the new episodes of "30 Rock," and the DVR will adjust its recording schedule accordingly. With the DTVPal DVR, all you can tell it is to record every Thursday at 9:30 on NBC.
Even if you're willing to put up with those limitations, Dish's skimpy return/warranty policy (all sales are final, only a 90-day warranty) will have you second-guessing. Add in all the troubling online reports of crashes and reboots, and the DTVPal DVR starts to look like a risky buy. We really wanted to like the DTVPal DVR's cheapskate style, but Dish's stingy return/warranty policy makes it really hard to recommend.
EchoStar SlingLoaded HD DVR 922 combines Slingbox and DVR into one super set-top box
(Credit:
Dish Network/EchoStar)
We're huge fans of the Slingbox, which lets you access your home TV from any broadband-connected PC and many models of 3G smartphones. But the boxes have always had a fundamental problem of monopolizing the host video source (cable/satellite box or DVR); if you access your Slingbox remotely and somebody happens to be watching the home TV, both of you are forced to watch ...
Read the full post at CNET's CES 2009 blog.
(Credit:
Dish Network)
After a delay of several months, Dish Network will be releasing the DTVPal DVR in mid-December. The antenna-friendly HD DVR will retail for $250 (after a $50 instant rebate).
You may remember the DTV Pal DVR as the EchoStar TR-50. That's the name under which it was launched at the Consumer Electronics Show in January, where it garnered CNET's Best of CES award for the home video category.
The latest iteration of the DTVPal DVR is pictured above. While the name and look of the product have changed a bit, it appears that it retains its core feature set: the ability to record digital TV programming to its internal hard drive (30 hours of HD video or 150 hours of standard-def), a 7-day electronic programming guide, and--the big one--no additional subscription fee or contract. That last point is a big distinction from TiVo DVRs, which require a subscription fee above and beyond the cost of the hardware. Dish is also reaffirming that the device supports closed captioning, program search, and analog passthrough.
The DTVPal DVR will be available for pre-order starting November 19 at dtvpal.com. (It's not eligible for the $40 government DTV coupon, which is why Dish is throwing in the instant rebate.)
I know from my e-mail that there have been quite a few consumers looking for just such a device--an HD DVR for over-the-air programming that doesn't require a monthly fee. The question now is whether or not the DTVPal DVR will live up to its impressive specs, as well as to its excellent satellite-only predecessors such as the ViP722. Dish has promised us a review sample by the end of the month, so we should be able to share a full review soon.
(Credit:
Seagate)
There's a good chance you've never heard of Pace, but back in April, the company--a developer of cable and satellite set-top box digital video recorders--acquired the set-top box and connectivity solutions business of Royal Philips Electronics. That fact has very little to do with this post, other than to give you an idea of the size of Pace and how it has its DVRs running in more than 17 million homes. (Pace DVRs work in any regions that are serviced by Comcast and/or Dish Network.)
So maybe you have a Pace box in your home right now and you want to know more about this silver box above since it's certified to work with its DVRs. This is the Seagate Showcase. It was announced back in May and is expected to ship soon. Available in 500GB and 1TB capacities, it's a DVR expander using a Seagate Pipeline HD hard drive designed specifically to handle the challenges of recording and playing HD video in a home theater environment.
You can get one with either a USB 2.0 or eSATA interface depending on your DVR's port options. Even if you don't have a Pace product, it may work with your cable company's DVR (just be sure to check with your service provider and/or the manufacturer of your box).The 500GB is available for preorder for $179.99. No word yet on pricing for the 1TB.
If you can't wait and need space now, maybe Western Digital's expander will work for you. It's limited to 500GB, but it too comes in eSATA and USB 2.0 versions and is certified to work with TiVo HD and Series 3 models as well as Scientific Atlanta Explorer and Dish Network ViP HD DVRs.
Sound & Vision magazine's Brent Butterworth conducted a test comparing the video quality of Dish Network's 1080p video-on-demand service with that of a Blu-ray movie, and found very little difference.
Dish Network's 1080p version of Speed Racer looks nearly as good as the Blu-ray.
(Credit: Amazon.com)Dish offers a very few select VOD movies in 1080p resolution, the highest-definition available today, only one of which was available at the time of the comparison: Speed Racer. Comparing the 1080p Dish VOD version with the 1080p version on the Blu-ray disc, Butterworth "could detect only subtle differences" from a normal seating distance, reporting that both "looked fantastic."
Dish overcomes bandwidth constraints by sending each 1080p movie directly to the hard drives of its ViP-series DVRs in the wee hours of the morning, when there's less demand. When a user select one of the movies and pays the VOD surcharge ($6.99 per movie), it plays directly from the hard drive. One apparent downside to this method is scant selection: only Speed Racer is available now, and another title isn't expected until November.
The video quality of Dish's 1080p service bodes well for future iterations of high-quality downloadable/on-demand content. We reported similarly high quality when comparing the 1080p/24 versions of movies from Vudu to Blu-ray discs. For its part, DirecTV has also said it will offer 1080p VOD movies, although neither cable providers nor Verizon's Fios service have announced any plans to do so.
The new DTVPal Plus is just like the TR-40, except it costs more and offers an enhanced tuner.
Way back at CES 2008, Dish Network announced a DTV converter box called the TR-40 that was going to cost $40, include an electronic program guide and it seemed like it was going to be a simple, cheap choice for buyers looking to handle the upcoming analog-to-digital TV transition. Shortly afterward, the TR-40 became the DTVPal and the price went up to $60. Then the TR-40 CRA came out, which was exactly the same as the DTVPal, except it cost $40. And, as of now, you can buy both products from the DTVPal Web site, essentially giving you the option of donating an extra $20 to Dish Network for exactly the same product. If you're confused, don't worry--so are we.
Now, Dish continues to muddy the waters with the DTVPal Plus, which is essentially exactly the same as both the TR-40 CRA and the DTVPal, except it includes a more sensitive tuner and costs $70. A DTV converter box with a stronger tuner might be worthwhile for some buyers, but we're disappointed Dish hasn't been more forthcoming about the company's DTV plans. Buyers of the original DTVPal may feel slighted since they only had to wait a couple months to save $20 (on the TR-40) or have the option of buying a box with a stronger tuner. And while we're on the the subject, what's up with the TR-50, Dish?
(Credit:
Dish Network)
Let's get the facts out first. Dish Network is now selling a "new" DTV converter box, called the TR-40 CRA, which will sell for $40 and is exactly the same as the currently released DTVPal. And that's not just our editorial spin--we've confirmed with Dish Network that the hardware and feature set is exactly the same, and Dish Network lays it out clearly on its DTVPal Web site. Even more confusingly, you can still order both models from the same online order form--effectively giving you the option of whether you'd like to pay more for the same product.
If that's not confusing enough, the history of the DTVPal and TR-40 is even more headache-inducing. Let's take a quick trip down memory lane to see how we described the situation in our DTVPal review back in June:
The Dish Network DTVPal is one of the boxes that shoppers can buy with the coupon, and we've been heavily anticipating its release since it was announced at CES 2008. Since then, however, there's been a lot of confusion. The converter box was first announced as the EchoStar TR-40 with a $40 price tag, then it was renamed to the Dish Network DTVPal, and now the latest news is that the Dish Network DTVPal and the EchoStar TR-40 are actually different products--yikes. The final story is that the Dish Network DTVPal is slated to be available at DTVPal.com on June 19, with an MSRP between $40 and $60. The TR-40 will come out at a later date at a price to be determined. If we had to guess, based on Dish Network CEO Charlie Ergen's "Charlie Chat," the DTVPal will cost about $60 and the TR-40 will cost $40.
While it's easy to spin this as a win for consumers--new buyers are getting all the functionality of the DTVPal for $40 now--we can't help but feeling like Dish stuck it to early adopters of the DTVPal. Dish always promised to release a DTV converter box for $40, so why didn't they just originally price the DTVPal at $40? We always thought the cheaper TR-40 would include less functionality--to offset its low cost--but it seems that the DTVPal was just an opportunity to make a little extra profit on those who bought early.
If you're in the market to buy a DTV converter box, we have a full review of the DTVPal and it's actually one of the better boxes we've tested--although anyone buying now should get the cheaper TR-40. And if our review made you go out and buy a DTVPal already, all we can say is we're sorry.
Read our Dish Network DTVPal review.
Just a few weeks after Dish Network announced that it would offer 1080p on-demand movies, it looks like DirecTV is getting ready to match them. According to Scott Greczkowski's blog on Multichannel News, DirecTV is currently running a beta test that allows subscribers to download 1080p on-demand movies as well. Here's the relevant snippet:
I am not sure if the 1080p movie was coming from the satellite or if it was being downloaded over the internet. I do know that when I checked my DVR list the next morning the movie The Bucket List was there waiting for me. I quickly moved my HR-20 and hooked it up to my 1080p compatible Samsung TV in my bedroom and watched for a few moments. Again, the picture quality was amazing. I didn't have time to sit and watch this movie again (I saw this movies before, it was a great movie) but what I saw impressed me. There is no word from DirecTV when 1080p services will be rolled out to consumers, but from what I saw it worked and worked well.
We have to admit, we're a little skeptical that 1080p content from either provider is going to be responsible for a big increase in image quality. As others have said, resolution isn't nearly as important as the bit rate--Vudu and Apple TV technically sell HD movies at 720p resolution, but high-def aficionados can tell it's more like high-def lite. We've got a couple of HR-20s in CNET Labs, so we'll let you know if the 1080p on-demand content lives up to the hype, once its available on our boxes.
