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It looks like TiVo, Netflix and Blockbuster will be packing their bags for Massachusetts, after they won the first of many legal scrimmages in their patent defense against Lycos. Lycos has asserted that all three companies have violated patents they own, on “information filtering technology.� The two patents that are at the heart of the case are related to the recommendation services that the companies provide.

After Lycos filed their lawsuit against the trio, ChoiceStream (the company that created Blockbuster’s suggestion service) filed a separate lawsuit, to have the patents thrown out.

In their lawsuit against Lycos, they argue that the patents are invalid because of obviousness and prior art. Because Choicestream filed their own lawsuit in the Massachusetts’ court system, TiVo, Netflix and Blockbuster sought to have their case transferred there as well. I’m not familiar enough with the legal subtleties to know why Lycos originally opposed the motion, but with Lycos’ headquarters in MA, the judge found the request reasonable enough and granted the motion.

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There is no doubt that Sony dominated the second generation of the console wars. Their PS2 platform had an early jump on the Xbox and Sony never looked back. Since it’s launch, the console has sold over 105 million units and has made Sony a video game powerhouse.

Given their footprint, Sony should have had an easy time convincing their customer base to upgrade, but as the latest generation of consoles have launched, Sony has lost their control over the market, after trying to force users to buy a Blu-Ray drive, along with the console. The inclusion of the drive has resulted in high prices, product delays, and limited supply during the launch. Even after Sony has agreed to sell the console at a loss, they still have not been able to get the device down to an acceptable price level for consumers.

As the latest generation of consoles have been hitting the market, Sony’s PS3 sales reflect some pretty troubling numbers. They may have recently celebrated their 1 millionth sale in Japan, but overall they’ve actually performed pretty miserably. According to the latest data from the NPD group, Sony sold a pitiful 98,500 PS3 consoles for the month of June.

Sony is quick to point out that these figures represent a 21% increase over their May sales, but even with the gain, if they continue at this pace, it will take them 83 years to hit 100 million console sales. If Sony was hoping to sell 100 million consoles over the next 5 and a half years, they would need to increase their sales from 98,000 units a month to 1.625 million.

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Nintendo, Wii Have Liftoff

This weekend I was driving through the East Bay, when I noticed a Gamestop store nearby. Normally, I would have kept driving, but I wasn’t in a hurry and having canceled my Gamefly membership, it’s been a while since I’ve checked out any new games, so I decided to stop in and see what they had.

I usually buy my video games from whatever store is closest to me, but Gamespot is one of those rare stores, where I actually enjoy shopping. Normally, when I go shopping, I just want the employees to leave me alone and let me get in and out with the product I’m interested in, but at Gamespot, the employees are the best part of the store. I don’t go there to buy things, I go there to graze. Unlike the employees at Best Buy or CompUSA, Gamespot employees are usually working there because they love video games.

I’m not sure if they get free rentals or discounts or if it’s just that Gamespot attracts employees who like playing every game that comes out, but every time I go in their store, the employees give me customized game reviews on any title that I’m interested in.

Because these employees tend to be hardcore gamers, I have to be careful to not always pick the games that they are fanatical about, but I still listen to what they have to say and more than once, they’ve saved me from buying a bad game.

When I dropped into Gamespot this weekend, I wasn’t planning on buying anything. I just wanted to know if there were any new games coming out. Once I started to talk with the clerks though, one of them pulled me off to one side and in hushed tones, told me that they had one more Wii tucked away in the back of the store.

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As a video enthusiast, I love checking out new companies that are trying to get a piece of the digital landscape. It’s easy to pay attention to the big guns in the industry, but for every AppleTV, there are 100 smaller companies playing just as an important role in redefining the future of television. At this stage of the game, it would be impossible to predict how things will end up shaking out, but at the end of the day, it’s the consumers who will win the most.

Last night, I had an opportunity to attend NewTeeVee’s 2nd Pier Screening. I wasn’t sure what to expect from the event, but was really impressed with how things turned out. They hosted the event at pier 38 in San Francisco. This is a great venue. If felt like I was at a Drive-In theater that was built right over the water. There was something unique about being able to mingle at a party while watching the sun go down. Later on it got cooler, but they had heat lamps that people could cuddle under ;) Once it got dark, they started the program and I was able to hear some interesting insights into the video world, from some of the people who’ve been involved in digital video from very early on.

During the event, NewTeeVee screened a number of parody videos and gave out awards for the most interesting ones. The winner was the hilarious “Real World Ikea“. It’s a story of what happens when five strangers stop acting polite and start getting real. They really probably should have told Ikea, but it wouldn’t have been nearly as funny if they knew that they were moving in. (more…)

It used to be that once the spring TV season ended, I’d pretty much shut off my TV and take a break for the next three months. Occasionally, I might check out a rerun, but by and large, the time between the end of basketball season and the start of football was always a TV wasteland for me.

Of course that was before TiVo. Once I got a taste of time shifting, I realized that my television season never had to end. Over the years, I’ve missed a lot of good TV, but between the TV syndication agreements and TiVo’s ability to automatically record every episode, the summer has turned out to be a perfect time to catch up on shows that I’ve missed. Whether it’s been going back and watching every single Twilight Zone or catching the X-Files a decade after it aired, TiVo’s season pass functionality has supercharged my reruns in a way, that was never possible before.

Some shows are better suited for summer TiVoing, but when it comes to episodic content, there is a downside to TiVo reruns. The shows aren’t always in the order that they originally aired and it’s almost always impossible to catch the first episodes. This isn’t a big deal for sitcoms and some reality shows, but when it comes to episodic content, it leaves you confused over the storyline and can spoil earlier episodes, you haven’t seen yet.

That is where my Netflix account kicks in. If I know that I really want to see a series that tells a story, I’ll use Netflix to make sure that I get to see it in order. If I’m not sure if a show will be interesting or not, I’ll record a couple of episodes on TiVo and test drive it before committing to watching the entire series. This has improved my overall television experience because there is always at least some fresh content that I can watch.

Over the last few years, the studios have also started releasing more and more new series each summer. It’s a chance for them to try out more experimental shows or concepts. A lot of these new shows are things that I probably wouldn’t check out during the normal TV season, but with a little extra downtime, I’m willing to experiment with new programs, even if there is a good chance they won’t be back again next summer.

So far there have only been a couple of the summer premiers, that have become favorites, but if I can find two or three decent shows to start following, it would be enough to keep me busy. Here are some of the new shows, that I plan on checking out over the next couple of months.

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TiVo’s remote can do a lot of great things, but apparently Brainfreiz’s remote, includes a little too much functionality. The good news is that he’s able to control his new air conditioner with his TiVo remote. No special hacks, it came out of the box like that. The bad news is, everytime he hits the select button, he turns his air conditioner on and off.

I can understand why this would be annoying and hopefully, someone out there knows how to solve his problem, but in the meantime, he is asking for America’s help on deciding whether he should ditch the air conditioner or say goodbye to TiVo. If it was up to me, I’d choose a hot apartment with TiVo, over a climate controlled life without, but as a TiVo enthusiast, I’m probably a little biased. Air conditioning is a nice luxury, but is it nicer than TiVo? If you were forced to choose between the sweltering heat or having to watch live TV with commercials, which one would be unplugged in your household?

Davis Freeberg is a technology enthusiast living in the Bay Area. He enjoys writing about movies, music, and the impact that digital technology is having on traditional media. You can read more of his musings at www.davisfreeberg.com. Davis is a TiVo stockholder.

When most people think about TiVo, they only think about being able to record TV. They might be aware of some of TiVo’s extra features, but unless they’ve actually tried the service, it’s hard to understand the little things, that make TiVo so great.

It’s easy for consumers to understand the appeal of features like suggestions, wishlists or internet scheduling, but it’s the more subtle differences, that actually makes TiVo such a luxury product. Things like being able to clip out that extra minute of programming the networks schedule, just to punish DVR viewers or being able to skip forward 15 minutes at a time, so that you can get back to the middle of a ballgame, in case you happened to pass out fall asleep before the end. When I had my generic DVR, I was forced to navigate several menus, just to get to my recorded content, but with TiVo, all I need is to hit the TiVo button twice and I’m right at my now playing list. It’s a very small detail, but one that makes their user interface, so much more enjoyable to interact with.

Of all the subtle differences that make up the TiVo experience, the remote control probably has the greatest impact. The cable companies remote might get the signal to your set top box, but the TiVo remote looks better and gets you where you need to be faster.

From the very start, TiVo got the remote down right. It’s peanut shape fits perfectly in the palm of your hand and the buttons were placed in areas, where you would optimize them most. When the remote first came out, it was recognized by the Consumer Electronics Association for it excellence. I used my first remote so much, that I wore off the fast forward icon on my button.

I was always happy with the original remote, but when TiVo released the series 3, I was excited to see an upgraded remote, included with it. While the series 3 remote doesn’t offer any functionality that you can’t live without, some of the the new features are still worth checking out. (more…)

Twitter Microblog

  • Anyone at CES need an extra ticket to the Jeopardy screening Saturday evening? DM me and it's yours. If you can find me. (ShowStoppers?)
  • Hoping I left my camera battery charger at home, and not lost at the show. Hope I can milk this charge a few more days.
  • And Slacker lands on the Blackberry. Shot a few pics before flying out to CES. That'll go up, too.
  • Seriously, the Yahoo Widget TV initiaitive looks to be a homerun. Got some pics last night, will get them up w/ more info today.
  • @ Apple's already let VoIP clients into the iTunes App store: Fring and Trufone. But I want Skype, directly. Not relayed.
  • Looking forward to Palm press conference. Anticipation is high, hope it's not a letdown. Also hope Skype announces iPhone and BBerry client.