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<B>DISH Network to offer Warner movies on-demand and in HD</B><BR>
The ever changing face of video distribution continues to evolve. EchoStar and Warner have signed off on deal that will allow DISH Network customers to access to Warner's new releases and catalog titles via its "Dish On Demand" and pay-per-view services in standard and high-definition.

Implementation of the CableCARD may have taken another babystep forward with a court ruling last week. The U.S. Court of Appeals for the DC Circuit upheld the FCC's long-delayed "integration ban." By prying encryption apart from the cable box, as required by a 1996 act of Congress, the FCC wants to speed adoption of CableCARD technology, which enables consumers to plug their cable feeds directly into sets with a card slot. However, although the major TV makers and the major cable operators put their John Hancocks on an FCC-brokered CableCARD adoption agreement as long ago as December 2002, the integration-ban deadline has slipped from January 2005 to July 2006 to July 2007. And the many consumers who have already bought CableCARD-compatible sets have been frustrated to find the standard not supported by their local cable ops. Enough already, said the appeals court. Gary Shapiro of the Consumer Electronics Association hailed the ruling: "Consumers are entitled to a broad array of products that can connect to cable systems featuring innovative new features for competitive prices. In the wake of the court's decision, we are hopeful that cable will stop its foot-dragging and comply with the law for the benefit of consumers." In their defense, cable operators say they've got their eye on a new technology that supplants the card with a chip, not to mention new multi-streaming and IP-based solutions. And they hate the existing CableCARD because it's unidirectional, meaning one-way, meaning no video-on-demand, meaning less lucre. But consumers might wait years for implementation of these new technologies, whereas the CableCARD is here now and waitin' at the church.

In the latest act of a long-running drama, Dish Network PVRs will not be judicially disabled—at least, not yet. A federal appeals court has blocked an injunction from a Texas district court that would have shut down Dish video recorders. Dish's adversary is TiVo and the issue is patent infringement. TiVo has successfully argued that Dish PVRs violate TiVo's patents, winning $74.9 million in penalties. That matter was decided months ago, but what to do about it has not, so millions of Dish PVRs have the sword of Damocles hanging over their heads. The Dish people say they expect to reverse the Texas district court decision and will "continue to work on modifications" to the allegedly infringing machines. Even if TiVo gets a short-term win in this situation, its real challenge is competition from not only satellite DVRs but those marketed by cable and emerging telco-video services. No judge or lawyer is going to make that problem go away.