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Sony and VIZIO ditch the courtroom, clear up licensing issues

VIZIO sure ends up in a whole lot of legal battles, but one way or another, it always seems to find its way out in the long run. Such is the case once again today, as the current LCD TV king has apparently said all the right things to Sony. If you'll recall, Sony (along with a slew of others) filed suit against Vizio awhile back over patent licensing concerns, but now it seems the two have reached a mutual agreement to use each other's technologies without bickering over who owns what. The release on the matter states that Sony "has become a licensee under VIZIO's patent portfolio," and that "VIZIO now is a licensee under Sony's color television patent portfolio." Who knows how much under-the-table cash and shaky promises had to be passed along in order to make everyone happy, but hey, a problem solved is a problem solved.

[Image courtesy of TooMuchNick / WireImage]

Update: Sony's response to all of this is after the break, courtesy of a company spokesperson who pinged us directly.

Kaleidescape gets in line behind RealDVD for rough treatment

DVD lawsuitWhen it rains it pours -- right on the heels of the punishing blow dealt to RealDVD, the money-laden Kaleidescape crowd suffered its own setback at the hands of the law. You just know that the DVD CCA (Copy Control Association) appealed the 2007 ruling that allowed Kaleidescape owners to rip DVDs to their media servers, and yesterday a California Appeals Court overturned that ruling. Next stop -- the Santa Clara Superior Court, which could place an injunction on Kaleidescape if the appeal is upheld. It's not over yet, but we're prepping the soundboard with ominous music, boos and noisy hand-wringing. Whatever (and whenever) the outcome, we can only hope that Blu-ray's Managed Copy comes to the scene sooner rather than later and settles this issue for our beloved HD content

Court injunction puts sales of RealDVD on ice, hopes and dreams in purgatory


Something tells us Kaleidescape has a man (or woman, to be fair) on the inside, else United States District Court Judge Marilyn Patel is just downright trifilin'. In every visible way, RealNetworks' proposed RealDVD player was exactly what Kaleidescape was, but for people with annual salaries far less than $9,854,392,220. Regardless of our opinion, a preliminary injunction has just been passed down from The Almighty in the robe, which blocks the sale of the RealDVD software here in the US. The six major movie studies filed the suit last September, alleging that it "illegally violated their right to restrict the use of their movies in digital form." Evidently those that matter agree. A RealNetworks spokesperson took the time to vent their feelings on the whole ordeal, and since we know you're curious, we've pasted it below for your convenience.
We are disappointed that a preliminary injunction has been placed on the sale of RealDVD. We have just received the Judge's detailed ruling and are reviewing it. After we have done so fully, we'll determine our course of action and will have more to say at that time.
[Via Electronista]

Cable companies losing stranglehold on apartments

Throwing TVIt's no secret that loads of folks loathe their cable company, but for some apartment dwellers, there's exactly one choice of service providers for TV, internet, and/or phone service. See, cable companies in some areas (read - anywhere they can) have negotiated exclusive distribution rights in buildings that they wired up, keeping other services at bay. Well, those castle walls are crumbling as a the Court of Appeals in Washington has upheld the 2007 FCC ruling that banned such practices as anticompetitive. Don't expect this decision to revamp the entire landscape -- cable companies are well-versed in how to keep competition down -- but this decision should make it easier for offerings like FiOS and U-verse to make inroads to dense metro areas. If all that's standing between you and FiOS is a shady cable company arrangement, now's your time to grab some fiber!

[Image courtesy Videogum]

RealDVD ripping software heads to court, fair use advocates on pins and needles


Let's face it -- quite a lot is resting on the outcome of this case. For months now, RealNetworks has been unable to legally sell its RealDVD movie ripping software after a court issued a temporary restraining order that remains valid until it's decided if the application violates the DMCA (Digital Millennium Copyright Act). Now, the software is finally having its day in court, and the outcome could shape the future of the DVD player (for better or worse). You see, Real has already assembled a prototype Facet device that hums along on Linux; essentially, this DVD playing machine would sell for around $300 and could store up to 70 movies internally. On the surface, this sounds entirely like a poor man's Kaleidescape, but only time will tell if The Man agrees. Cross your fingers folks, we get the feeling fair use advocates are going to need the luck.

Samsung declares victory over Sharp in LCD patent dispute


Samsung and Sharp, like any good pair of competitors, have been slapping each other around for years now. Specifically, Sharp tagged Samsung with an LCD patent infringement lawsuit back in the latter half of 2007, and at long last the courts have made a decision. In short, Samsung wins. The Wall Street Journal has an exceptionally brief writeup noting that Sammy has declared victory in the case as a Tokyo court "upheld a Samsung Electronics' countersuit filed last June that claimed that Sharp LCD TV products infringed on Samsung's patents." There's no word on what affect this will have on either firm, but feel free to cheer / cry at the office today in order to truly show your fanboy colors at work.

VIZIO looks to FCC to slap Funai's hand


Whoa, Nelly. Looks like we've got ourselves an old fashioned paper fight going on here. Just days after VIZIO filed an antitrust lawsuit against Funai, the former company has now taken things a step further by requesting that the FCC require Funai to "comply with patent licensing conditions imposed by the FCC when it adopted the digital television standards for the United States." Additionally, VIZIO has asked the entity to "order Funai to cease its unreasonable and discriminatory patent enforcement policies while the FCC considers a pending petition for declaratory ruling." There's no word on whether the FCC is open to oblige, but you can rest assured that there are more than a few bitter-beer faces clogging up corner offices at Funai Electronics.

VIZIO files antitrust and unfair competition lawsuit against Funai


Aw, snap! Just months after Funai took the reins from Philips in North America, along comes a lawsuit for its lawyers to deal with. VIZIO, still feeling proud after its all-business Super Bowl ad, has thrown a potent antitrust and unfair competition lawsuit in Funai's direction. The outfit alleges that Funai, "acting alone and in concert with others, unlawfully restrained trade and monopolized the market for the licensing of technology used to interpret and retrieve information from a digital television broadcast signal, as well as the market for digital television sets and receivers." Specifically, VIZIO seems perturbed that Funai inappropriately acquired the rights to one single US patent, and ever since it has "unfairly discriminated against VIZIO in the licensing and enforcement" of said patent to the "detriment of trade and commerce." There's no mention of how many bills VIZIO thinks will fix the problem, but Funai better not try filling stacks of hundies with Washingtons in between.

[Image courtesy of TooMuchNick / WireImage]

Pioneer wins plasma patent case over Samsung, awarded $59.3 million


Pioneer may be licking its wounds, but at least there's one bright spot on an otherwise dark end-of-year. The US District Court for the Eastern District of Texas in Marshall (read: patent troll heaven) recently found that "Samsung willfully infringed two Pioneer patents covering plasma display technology," leading to a settlement which involves Samsung handing Pioneer a check for $59,351,480. Samsung has yet to comment on the ruling, but it's pretty easy to imagine what it's probably thinking, wouldn't you say?

[Via SmartHouse, thanks Anthony]

Judge maintains that cable companies must air broadcast signals post-DTV cutover

While some cable companies have already committed to keeping analog signals around for three years after the impending 2009 digital TV transition, a judge in the US Court of Appeals for the DC Circuit made it universal. The ruling demands that cable providers "must continue to carry the same broadcast channels that over-the-air viewers receive once those stations make their federally mandated conversion to digital signals in February." In other words, they either switch to an all-digital system or carry both the digital and analog signals of local stations for three years (after the DTV cutover). Judge Judith Rogers asserted that cable companies at large had either already implemented an all-digital system or were "moving in that direction." Hopefully after this, more will make that move with renewed haste.

[Image courtesy of AussieBloggers]

US patent office supports Tzero, rejects Pulse~LINK patent

While it was Pulse~LINK winning the last (but obviously not final) round of this multi-year tiff, the tables have turned once more. Tzero Technologies has just announced that the US Patent Office "issued an office action rejecting all claims of US patent number 6,970,448 asserted in a lawsuit brought by Pulse~LINK against Tzero in June 2007." This decision, coupled with a stay issued by the district court, will evidently bring the lawsuit to a close "for the foreseeable future." We're told that the legal struggles between the two are now officially over, but we're admittedly hesitant to believe it.

Digital Security Systems files patent infringement suit against major Blu-ray players


We've witnessed a few lawsuits related to Blu-ray, but this is the first one we can recall that perfectly fits the "patent troll" mold. The Patent Prospector has it that Acacia subsidiary Digital Security Systems is suing a smorgasbord of big BD players for infringing on a patent that it has held for years. Defendants named include Samsung, Best Buy, Denon, Funai, LG, Matsushita, Panasonic, Philips, Pioneer, and Sharp, though details beyond that are sadly scant. Oh, and if you're wondering where the complaint was filed, it was in the infamous Eastern District of Texas.

[Via FormatWarCentral]

FCC chief supports sanctions against Comcast for data discrimination

You may not remember so vividly the fiasco surrounding Comcast's data meddling ways unless you were directly affected, but FCC chief Kevin J. Martin is looking out for us all by backing sanctions against the carrier in a stand for net neutrality. Essentially, Mr. Martin isn't asking that Comcast be fined; rather, he wants the provider to "change its practices and give the commission more details on what it did in the past." Essentially, he's aiming to establish a standard that will "make it difficult for an ISP to discriminate against users based on what they want to do online," which we couldn't possibly support more. Of course, there's nothing saying that sanctions will indeed be levied against Comcast, but whatever happens, we'd love to see a precedent set that forbids providers from tampering with those 1s and 0s.

[Thanks, Matt]

Courts favor AT&T / Verizon, back new video franchising rules

While Verizon and AT&T try to work their FiOS and U-verse services into new areas, the US Court of Appeals for the Sixth circuit in Cincinnati handed them a victory today by ruling that the FCC's new rules setting time limits for local authorities to act on new franchise applications are within its authority. The new ruling at the heart of the debate gives local jurisdictions 90 days to act on apps by providers that already have access to city land to run connections, and 180 days for new entrants to citeis or towns, and bar them from mandating new requirements the FCC finds unreasonable, like building a community swimming pool. While we're big fans of municipal pools, we're also into competition and consumer choice, so if you've been waiting to get TV via telco breathe easy knowing the path just got a little smoother.

Read - Reuters
Read - Verizon's response

Federal court ratifies Pulse~LINK UWB patents in Tzero case


At long last, it seems the legal spat between Pulse~LINK and Tzero has come to an end. Federal courts have ratified the former company's patents in a UWB-over-coax patent infringement case against Tzero, affirming that Tzero will now have to pay licensing fees to use Pulse~LINK's technology. In the settlement, it was noted that Tzero had "suspended development of products that were the subject of the legal action," and if it chose to re-introduce any of those wares, it would first cut a check to Pulse~LINK. Time to hug it out? Nah, we thought not.




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