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Gemstar, Hmmmm!
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What a load of twoddle, in fact I don't even understand what this case waas about, could someone please help explain it?
Also, I have noticed that its owned 41% by Newscorp but their selling their shares to macrovision, so maybe Newscorp is trying to sue before they sell up!
Also, I have noticed that its owned 41% by Newscorp but their selling their shares to macrovision, so maybe Newscorp is trying to sue before they sell up!
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Did a Google News search to see if any light could be shed on it but still don't get it.
If I'm right our TV guide is made by Gemstar. Virgin have a licence to use the Gemstar software. Gemstar are not happy that their software is able to record a channel on a Virgin box.
Have I read it wrong?
From the DS article, it sounds like Gemstar weren't happy with something, went to VM about it and demanded more money, possibly because of the breach (in their eyes), to which VM wouldn't give them what they wanted, so they threatened to sue, thinking VM would then give in and pay up. However, it looks like VM have called their bluff and are willing to fight it in the courts. It'll probably come to nothing, ending in an out of court settlement, when Gemstar realise they can't rely on a win in court.
lol. But yea, it is always saying no program Info, but if its their patent, then they will always sue.
Its something to do with the way programs are recorded/set to record.
The pettyness of these companies, it probably means Virgin changed the colour red. :P
Proof I didnt make that up:
http://www.theregister.co.uk/2002/06/21/ruling_on_bt_hyperlink_patent/
It would be like the scientist who discovered humans need oxgen to successfully live and breath, Then patenting oxygen and breathing and then charging us to do it.
http://www.theregister.co.uk/2008/01/24/tvguide_virgin_media/
I can't seem to find those patents listed on the UK patents site. But I get the impression Gemstar have patented basic functions to do with EPG's. For example one the developers of the topuptv PVR box said that they couldn't implement the "click a button to view programme synopsis" function because it was patented by Gemstar and I assume topup didn't\couldn't pay to use it.
So as far as I'm concerned Gemstar are trolls who are responsible for limiting the development and functionality of many PVR's from those companies that can't afford the license or court costs.
Go get em Virgin
Rob
It'll be interesting to see what happens if this makes it to court. Either VM believe the Gemstar patents do not apply, or they don't think they'll hold up under scrutiny of the law. (Or they have completely a completely inept legal team!)
Yeah there is already a thread on the subject here.
http://www.digitalspy.co.uk/forums/showthread.php?t=735743
What are you kidding me. You can patent stuff like that! That is just silly and really hope that Virgin win this one as you are right it really does limit the development of EPG software.
Patents only last for a set period of time.
If your salary was paid by this company you would sing a different song as well.
Patents exsist for very important reasons.
It's up to the courts to decide which party is right.
probably an element of a certain individual using it to keep VM in as many court cases/ consultations/reviews etc as themselves
As for VM statement at the end
We have been advised by our external counsel that the case is without merit and we will defend it vigorously."
Are Sky lawyers now working for VM and is there not an issue of conflict of interest. heard those exact words before somewhere :cool:
We may take the functionality of current EPGs for granted, but i'm sure we can all remember when they didn't work as they do now, and when they didn't exist at all.
Somebody had to work to develop them, and there is a lot of work behind the functionality of highlighting the name of a programme and then pressing a button to record it...
Without seeing the actual claim, it sounds like Virgin (or predecessors) payed Gemstar for the EPG code, fair enough, but then added to it for the V+ recording. Gemstar probably have a more expensive product available which includes the code to allow the recording and think Virgin should have payed for that...
Gemstar EPGs I've seen in the US are shoddy pieces of software, slower than VM's and even more prone to locking up. Murdoch doesn't flog companies doing well - strikes me as a company making desperate efforts rather than one that will cause any serious legal trouble to VM.
Maybe that is also a factor. An opportunity for additional income or a court case victory may nicely enhance the price
I expect because they see Virgin as being a large company with deep pockets. Whereas a court case against many of the small freeview PVR manufacturers would just end up with those companies going bankrupt.
I don't have any problem with valid patents or copyright. If someone is using your code or has breached legitimate patents then you have a right to go after them. What I'm saying is that, in the case of topup tv the developer said that they weren't allowed to implement a function of pressing a button to pop up a programme synopsis in an EPG. I got the impression that it didn't matter how you implemented your code it was the function Gemstar had patented which I think is wrong.
I don't know the specifics of the Virgin case myself but if Virgin had the right to change the code and implement other functionality then I see that as ok. Or maybe the right to change the code limits them to excluding functionality provided by other Gemstar software. However this could also be Gemstar having patented things like click a button to record a programme from an EPG. As I said I don't know the specifics but would like to.
Regards
Rob
They would be very much mistaken!
In the US you can patent a programme in the UK you cannot. The EU were thinking of allowing the patenting of software until us freelance developers raised merry hell and they realised what a pile of dogs do that was.
http://www.guardian.co.uk/media/2008/jan/24/television.virginmedia?gusrc=rss&feed=media
it suggests that Vm are being sued due to having extra interactive programme guides (im thinking the VOD bit here, or virgin central), and the way virgin tell how the box records from the epg, if its the same as how sky do it, then i can only think of it at a hardware level, V+ has 3 tuners doesnt it? probbaly the gemstar patents only allow for 2 tuners.... just a thought here.
sky can't leave virgin alone can they? so they resort to side sniping by using gemstar.
[sarcasm]murdoch: "ahh yes lets cripple their ability to record from the epg, and then the 3 tuner pvr becomes useless, gemstar! you know what you've gotta do!"[/sarcasm]
Either VM have breached the terms of the license, in which case they're guilty and Newscorp/Gemstar are legit in doing what they are doing, OR VM haven't done anything wrong and no harm will come to them. It's pretty simple, and doesn't need conspiracy theories and the like.
its not consiracy theories - we just DONT know EXACTLY what vm has done wrong - im just pointing out a few points. whats wrong with that.?
i suppose you would know comming from a sky user, heck I have been with vm since the tron days, so i do know the company fairly well ya know?
theres always one.
I'm actually a Sky AND VM customer, not that it actually makes any difference, as unlike you i'm not privvy to the company secrets and the latest information on their court cases, maybe it's because i've only been with them for about 8 years, unlike your being with them since the tron days. :rolleyes: