|
|
Echostar vs. TiVo Patent and Personal Property
Posted by . updated on 2/9/2008
I own a DishPVR from Echostar, on which I receive and digitally record their satellite broadcast. TiVo seems to have won a case that this device violates their patent. Part of the repercussions are reported to be that Echostar will need to shut off the DVRs on their system. Many DishPVRs are leased from Echostar, so they are Echostar's property. I understand that they can be required to shut off those devices (or at least remove the offending features). But I own my DishPVR. Just because it is technically possible for Echostar to shut off my box, how can they be required to modify my private property? If I had bought an independent electronic device that was found to be in violation of a patent, the manufacturer (or retailer) could not be asked to compel me to bring it in so they could take it or cripple it. The violator would be forced to pay a penalty, but I as a customer wouldn't have any liability or penalty, right? Even if I brought my device in for repair, they can't modify it without my permission either, right? Can you explain how the DishPVR that I bought and paid for (no lease fee, no PVR fee) is different? Oh, and as an affected party, do I have the right to ask this question of the presiding judge?
Answers (1)
| |
|
Nancy D...
|
You need to hire an attorney to handle this matter for you. What you have here is a conflict between your bought-and-paid-for personal property (the physical dish) and the patent owner's bought-and-paid-for personal property (the patent). The questions of law this brings up are FAR too complex for this board. THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
|
|
Related Questions
 |
I designed a software system for a company , the IP & copywrite was understood belong to me, there were no contracts other than a PO. - several years later I find the company is trying to patent my idea /IP ... Read More |
|
I am planning to start an internet based company that will be creating a game very similar in look, idea and functionality to that of another major game developer. The main difference is that this game devel... Read More |
|
If a employee of a company were to create a product to be sold by the company, then the emloyee left the company to sell said product on his own forming his own comapny, would the company have any legal grou... Read More |
|
Will a Poor Mans Patent (Meaning a picture of patent product sent through the u.s. mail unopened and post marked sent back to the sender) have any validity in a court? Read More |
|
I have two questions concerning copyrights and patents. It seems that every time a movie studio has a successful movie, someone yells that the studio stole the story from him, such as in the case of the movi... Read More |
|
- Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
- Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
- Patent Express is backed by a 100% money back guarantee.
|