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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Comes | 221 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections
Authored by: Kilz on Wednesday, June 12 2013 @ 01:02 AM EDT
Please list the mistake in the title of your post.

[ Reply to This | # ]

Off Topic
Authored by: Kilz on Wednesday, June 12 2013 @ 01:03 AM EDT
For all posts that are not on topic

Please make all links clickable with HTML.

[ Reply to This | # ]

Newspicks
Authored by: Kilz on Wednesday, June 12 2013 @ 01:05 AM EDT
Please mention the name of the news story in the title of the
top post.
A link back to the story is helpful. That way when it falls
off the home page others can read the news story.

[ Reply to This | # ]

Comes
Authored by: Kilz on Wednesday, June 12 2013 @ 01:07 AM EDT
Please place all transcriptions of Comes exhibits here for
PJ. Please post the HTML in Plain Old Text mode so she can
easily copy it.

[ Reply to This | # ]

Microsoft's Amicus Brief in Support of Apple in Appeal of Posner Ruling - A Change in Tune on Injunctions ~pj
Authored by: symbolset on Wednesday, June 12 2013 @ 04:03 AM EDT

For many years we have been misled to think that Microsoft and Apple were fiercely competitive with each other. This is not true. They have a complete patent cross-license agreement, and have been working in cahoots on many levels - including patent trolling - for many, many years.

It seems that the time has come to pull the cover off the ruse and become an open alliance. Apple has now selected Bing search to back their Siri search engine too.

[ Reply to This | # ]

Linux isn't't the only target
Authored by: Anonymous on Wednesday, June 12 2013 @ 07:59 AM EDT

Microsoft wants to wipe out all other operating systems, period. They can't
compete on value, so they'll compete in court.

Long term this is a loosing proposition. I. Can't think of one company that
has made it work. But they can do a lot of damage.

Wayne
http://madhatter.ca

[ Reply to This | # ]

Microsoft's Amicus Brief in Support of Apple in Appeal of Posner Ruling - A Change in Tune on Injunctions ~pj
Authored by: ukjaybrat on Wednesday, June 12 2013 @ 08:34 AM EDT
"Microsoft wants to ensure that standards are broadly
implemented for the benefit of the public."

HA HA HA HA HA HA !!!!

---
IANAL

[ Reply to This | # ]

Public interest? efficiency of courts?
Authored by: Anonymous on Wednesday, June 12 2013 @ 09:11 AM EDT
If only damages are available to FRAND
patent holders the in a case where the
patent holder is trying to get paid for
the use of its patents by an implementer
unwilling to take a license starts to run
into court efficiency issues. Say the
patent holder has a 100 SEPs, with only
the ability to include about 5 patents
power case that would mean 20 cases to
fully recoup the damages (times the number
of products that keep coming out). Courts
generally like to consolidate those cases
for court efficiency reasons. However that
would mean the SEP holder would never be
able to fully recoup their investments
plus the damages would necessarily need to
be higher than what the FRAND rate would
have been to offset the increased overhead
caused by the litigation.

Whereas having injunctions available mean
one case with a small batch of patents
that would then force the unwilling
implementer to become willing.

[ Reply to This | # ]

MS loves the no-injunctions-allowed ruling
Authored by: hAckz0r on Wednesday, June 12 2013 @ 10:42 AM EDT
...because they don't make 'standards' they just commender, and extend them to come up with an incompatible versions of an already good idea. Purposefully, so that one can _not_ interoperate, and as to stymie even the mere thought of migrating to any other product. MS hates 'real' standards.

They might however USE standards for their own purposes. I used to work for NASA, and during that time I was a representative to the XOpen standards committee, where I attended several conferences. NASA asked me to apply my expertise and to put in my own 2 cents on what 'standards' should and should not be adopted, or how to improve ones already before the committee. MS had just joined XOpen organization, and offered up a Systems Management interface (sorry I don't remember the specific title of it). Architecturally it was in no way shape or form even related to the POSIX like paradigm from which the XOpen standardization was born. To adopt it would have been a radical shift from anything that made sense to me, and unfortunately that was also the last conference I was ever asked to attend. I'm not going to put forward any tin-hat theories on why it was my last conference, as that postulate is generally unprovable, but I did have my say on the matter as a part of the official record as a member representative, and that is what counts. The proposed API just made no sense, on many levels. I'm still wondering what happened to that proposal in committee, as I never had time to follow up, nor was I ever connected into 'the process' after that point for some reason.

---
The Investors IP Law: The future health of a Corporation is measured as the inverse of the number of IP lawsuits they are currently litigating.

[ Reply to This | # ]

  • Cool - Authored by: Anonymous on Wednesday, June 12 2013 @ 12:12 PM EDT
Microsoft's Amicus Brief in Support of Apple in Appeal of Posner Ruling - A Change in Tune on Injunctions ~pj
Authored by: JamesK on Wednesday, June 12 2013 @ 11:07 AM EDT
"The article tells us that Microsoft claims it just cares about ensuring
that standards are implemented for the benefit of the public:"

<cough>, <cough>, <cough>!!!

PJ, you should have put a KB alert on that one!

---
The following program contains immature subject matter.
Viewer discretion is advised.

[ Reply to This | # ]

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