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Thanks for the "slithy tove". | 80 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
What it's all about.
Authored by: Anonymous on Saturday, June 09 2012 @ 08:36 AM EDT
"Software Patents: It's the disclosed functions in the patent,
stupid!"
Well! For Software Patents the stupid thing there is no Disclosed Function it is
all obfuscation and gooblegook.

[ Reply to This | Parent | # ]

Thanks for the "slithy tove".
Authored by: Anonymous on Saturday, June 09 2012 @ 11:03 AM EDT
Had to look that one up. Completely agree with your analysis too.

[ Reply to This | Parent | # ]

I very much disagree.
Authored by: Anonymous on Saturday, June 09 2012 @ 12:30 PM EDT

You have nailed Judge Motz's analysis to a 't'. You restate it well in this portion:

The only way to demonstrate that is if it could be shown that those same advanced features (I won't warn you again!) were made available by the WordPerfect suite on another platform in order that the middleware advantage was provided and the Windows 95 features were less of a barrier to using alternative operating systems. At the very least, there needed to be a product plan to take this advantage.

The problem is the "another platform" red herring. WordPerfect is the other platform. That's the one that Novell wanted developers developing for, as they had done in the past. (For many users, WordPerfect was their OS; they didn't know anything about the DOS prompt, except how to start WP.)

WordPerfect had the potential to become a platform for applications ON WIN95, which also had the potential to then move on other OSes other than Windows95, taking those apps (and their users) with it, creating another playing field. The fact that MS killed the possibility before it was sufficiently realized to come to market is proof of anti-competitiveness, not exculpatory evidence.

Follow the Judge's argument to its logical conclusion. The only way to demonstrate that WordPerfect has been prevented from lessening the applications barrier to entry is for it to succeed in lessening the applications barrier to entry via another platform, in which case, there was no harm, no foul. Voila - anticompetitive harm just became a logical impossibility!

[ Reply to This | Parent | # ]

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