Charles Ergen
Analyst · Standard & Poor's
Okay. This is Charlie. I'll just add a couple things. When you say Blockbuster, really, almost everyone in the world, it means kind of -- first and foremost it means movies almost right off the tip of somebody's tongue they're going to say movies, and probably after that they'll say family. So that fits in to I think where we'd like to be as a company. The second, a lot of where we go with it probably will depend on the studios in the sense of do they want a physical presence? If they want a physical presence, Blockbuster is well positioned to maintain and grow a physical presence. There's still a business out there for physical presence. It's up to the studios to whether they want a physical presence or if they want to go all electronically and so forth. And a lot of that will drive I think some of the strategic decisions of Blockbuster in terms of working with the studios to give them an alternative to some of the avenues they have today. I don't see Blockbuster being a -- necessarily being a competitor to Netflix directly in terms of streaming because Netflix has got formidable lead and probably insurmountable lead in that business. On the other hand, for studios, it may not be the best economic model for studios, and I think Blockbuster can indirectly provide competition out there by presenting a better financial model to where the studios want to go. If I owned a studio and I want to maximize my profit, Blockbuster would be an important element of that, I think. As far as the TiVo settlement, as it relates to Blockbuster, there is -- a part of that is, is that we accepted the contract that Blockbuster had with TiVo, and when you buy a TiVo device, that Blockbuster is a widget on that to order movies, and we think we can expand upon that with them. In regard to your general question about the settlement, I guess I'd say three things: I mean first and foremost was there just wasn't anything to argue about any more once we got the Court of Appeals ruling. We both won a good battle in that ruling. They won on a disablement ruling that failed to challenge the injunction in a timely manner. And we, in all likelihood, we're going to get a new trial on the merits of our workaround. And in fact, I think we won a big battle for innovation in the sense that the law has now changed -- the court has changed the law on contempt of court for design-arounds and what criteria you [technical difficulty] use for that. And I think the Court of Appeals made a pretty solid judgment on what judges should consider for that. So I think it's -- that was a win for innovators for the next century irregardless of our case. As a result of that, it became, I think, clear to both TiVo and DISH that we could at least get our arms around with what the costs and risks were because it wasn't -- obviously, the thing that was most risky to DISH was that, in fact, TiVo would have won on the design-around side of the case, which would've been a knockout blow. And the fact we won a 12 to nothing decision there I think was not unexpected by our side. In fact, 2 judges have voted against us, voted for us the next time around. I just think we had the stronger into that argument, and then a lot of analysts missed that. Having said that, certainty, I'd say, first and foremost, certainty from a DISH perspective was important. It didn't make sense -- we weren't talking about that much money one way or the other even with the new trial, and we'd certainly knew a lot about how our systems works. The second thing would be that we think we can make our product better in some ways using the Time Warp patent. It's a patent that has been -- the patent office looked at many, many times now and it has re-examined it and it survived. The latest re-examine, we think that by utilizing the Time Warp patent, we can add some functionality feature, make our product better and compete against the people who may not be using that technology in the future. So we can make our DVRs, which are already pretty darn good, maybe even better. And third, we think there is a way to continue to work with TiVo in the future. They have, as an example of that, since we wired them, the $300 million this morning, I think they're sitting on perhaps as much as $600-or-more million in cash. They have an ability to grow their business utilizing cash. We have a great understanding of their company and their management. And I can only say that's there's a lot of mutual respect on -- there's a lot of respect from the DISH side for the management of that company and the legal team there and the management team as well, and it was not antagonistic litigation. It was a difference of opinion, strong difference of opinion that the Court of Appeals kind of settled for us. And we both won battles, and I think now we are in a situation where I hope that we go win the war and I hope that TiVo goes and wins the war. And TiVo will do that by continuing to enforce their intellectual property with others and utilizing their cash and their expertise to grow their business. And hopefully, we'll win the war by making our products better and working with them in the future. So it made all this -- that's really how it all came about and that we had this ruling from the District Court a long time ago would have settled a long time ago.