Monday, January 21, 2008 10:54:04 AM
Will Viacom and Tivo be named in Burst's Answer to Real's Complaint?
NB The following is conjecture a.k.a. SPECULATION...
http://www.realnetworks.com/company/press/releases/2007/real_tivo.html
"..REALNETWORKS TEAMS UP WITH TIVO TO BRING RHAPSODY TO THE LIVING ROOM...
...LAS VEGAS, NV January 08, 2007 RealNetworks, Inc. (NASDAQ: RNWK), the global leader in digital media delivery and TiVo Inc. (NASDAQ: TIVO), the creator of and leader in television services for digital video recorders (DVRs), today announced a first-of-its-kind integration of the Rhapsody digital music service with the TiVo service giving TiVo subscribers access to over 3 million songs on demand right from the TiVo remote. This groundbreaking collaboration is intended to give broadband connected TiVo subscribers access to the award-winning Rhapsody digital music experience via their television sets starting later this year...
...Integrating the Rhapsody digital music service on the TiVo service will for the first time provide consumers with access to the leading on-demand digital music service through the award winning TiVo service. Subscribers will be able to directly stream Rhapsody's 3+ million songs to any broadband-connected TiVo box in their house, as many times as they like. Through TiVo's intuitive interface, subscribers will enjoy instant music playback from thousands of artists in dozens of genres, as well as access to their personal library of playlists and tracks. ..".
COMMENT: "instant music playback" = evidence of FTRT delivery
http://investor.realnetworks.com/releasedetail.cfm?ReleaseID=275331
"...Rhapsody is a service of Rhapsody America LLC, a joint venture between and MTV Networks, a unit of Viacom (NYSE:VIA) (NYSE:VIA.B) and RealNetworks (Nasdaq RNWK)...."
COMMENT: If so, wonder how a happy Viacom and Tivo might be over Real's hitting the hornet's nest with a baseball bat...and dragging them in as co-Plaintiffs....
Since Burst had a standstill agreement with Real pending the end of the Apple case, they well knew ahead of time that Real litigation was in the offing. They also well knew of Real's involvement with Tivo (announced over a year ago). Perhaps their mention of their DVR intellectual property in the Apple settlement was a not-so-subtle hint to Real that their partner Tivo would be involved in the upcoming litigation. And that their Answer would allege counts of infringement not only on the FTRT patents, but also the DVR patent.
The addition of Viacom to the Answer (joint partner in the infringing Rhapsody service) would up the financial resources available for settlement substantially. Viacom's market cap is ~ $25B, their ttm earnings ~ $1.57B.
of course this Answer would take more time to prepare..and that has just been stipulated on 1/18...
http://www1.investorvillage.com/smbd.asp?mb=389&mn=3538&pt=msg&mid=3921170
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