The "infringing function" is the one that records to a disc and/or plays back from the disc. There is no current order to turn off the HDTV DVRs, but it is inconceivable that they oberate on different principles and if TiVo files suit in the same court, the chances of an immediate injunction are good.
TiVo won't because the current order is enough to force Dish to buy a license on TiVo's terms.
“An engineer explained to us that hundreds of ear impressions were gathered in the name of research, and while each one obviously boasted its own unique shape and size, one single characteristic remained uniform across the board: the entrance into the ear canal is not a perfect circle, it's an oval.”
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The "infringing function" is the one that records to a disc and/or plays back from the disc. There is no current order to turn off the HDTV DVRs, but it is inconceivable that they oberate on different principles and if TiVo files suit in the same court, the chances of an immediate injunction are good.
TiVo won't because the current order is enough to force Dish to buy a license on TiVo's terms.