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Patent office issues final rejection of NTP patent
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FAQ: Will BlackBerrys be shut down?
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U.S. Supreme Court rejects RIM's appeal
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RIM loses patent-infringement ruling
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Jury: RIM infringed on patents
November 21, 2002
(continued from previous page)
"We believe that switching to another vendor at this point would be just as complex, if not more so because of additional training and device configuration testing, than to implement BlackBerry's announced workaround," Gillman wrote in an e-mail to CNET News.com. "We also believe that, overall, BlackBerry is still the best-of-breed solution in this space so we feel it would be a backward step to move from that platform."
A number of government users said they're counting on assurances that the public sector will get a reprieve allowing it to stay online, even if their corporate counterparts lose access. NTP specified that government users should be exempt from its injunction in briefs leading up to Friday's hearing, in order to assuage concerns that BlackBerry service would be interrupted in the event of a national emergency.
"My understanding, for governmental entities, is that they are going to be held harmless, so it's really not an issue for the members of Congress and their staffs and the federal government and local governments," said John Brandt, communications director for the House Administration Committee, which in 2001 headed up the initial post-Sept. 11 purchase of BlackBerrys for all House members and select key staffers.
The trouble is, such an exemption may not be grounded in reality. RIM reportedly has denied the feasibility of keeping government BlackBerrys functional while shutting out other users. The Justice Department also argued in a brief filed recently with the district court that it, too, was not convinced such a remedy would work. Judge Spencer on Tuesday denied the department's bid to hold a separate hearing on the issue, although it will get to have its say in court on Friday.
IT gurus are also carefully eyeing RIM's proposed solution to the injunction.
"They tell us it would be a simple upgrade to our server environment, but we hear that all the time, so we kind of are cautious about anyone who tells us about a 'simple upgrade,'" Thomas Jarrett, Delaware's chief information officer, said in a telephone interview. About 300 of the state's "high-end" officials, ranging from the governor's top aides--though not the executive herself--to state legislators to emergency responders, rely heavily on the devices, and the state operates its own BlackBerry server, he said.
The impact on government users will be determined in the hearing Friday.
One thing that's clear about Spencer's mindset is his desire to put this case to bed. "This court cannot and will not grant RIM the extraordinary remedy of delaying these proceedings any further than they already have been based on conjecture," he wrote last November in denying RIM an extension of the case pending the patent reexamination process.
Still, Jarrett acknowledged, "I'm not so sure we'll panic." Up until two years ago, Delaware state officials lived without BlackBerrys, he noted. "I'll be the first to admit I struggled a bit without it, but if forced to, I'd probably learn to live without it again."
See more CNET content tagged:
NTP, Research In Motion Ltd., injunction, RIM BlackBerry, James Spencer




Nir Ben-Dor
I write for Linkadelic Magazine. You can too
http://www.comagz.com/webmagazine/
Nir Ben-Dor
I write for Linkadelic Magazine. You can too
http://www.comagz.com/webmagazine/
He needs the judge/government to take Blackberrys away from everyone to save him from himself - more dictatorship of the judiciary.
How about some discipline? Just don't look at your Blackberry in the morning! Problem solved!
He needs the judge/government to take Blackberrys away from everyone to save him from himself - more dictatorship of the judiciary.
How about some discipline? Just don't look at your Blackberry in the morning! Problem solved!
Until that has happened, and even though common sense would seem to say that the judge in this matter should deny any form of injunction until the matter has been resolved, officially those patents are valid and he could still shut down RIMs network.
So while it seems obvious to you what the outcome should be, when does common sense ever prevail in a courtroom, especially when patents are involved.
The reality is that all a patent is, is someone saying "I thought of that before you did, and even though I had no clue how to implement the idea, you should still pay me money for using it."
Copyright is the protection of an actual product, which is why software patents don't exist in Europe, yet.
Patents for me are complete fraud, all of them should be struck down, no one should have any legal protection for merely thinking up something without at least having a valid, and independently assessed working design for implementing the idea.
The only exception in this case should be for the Crackberry - which is ofcourse the bane of all existance, the Devil incarnate in cell phone form, the evil from which all bloggers are spawned.
Death to the Crackberry. Long live the Treo.
Until that has happened, and even though common sense would seem to say that the judge in this matter should deny any form of injunction until the matter has been resolved, officially those patents are valid and he could still shut down RIMs network.
So while it seems obvious to you what the outcome should be, when does common sense ever prevail in a courtroom, especially when patents are involved.
The reality is that all a patent is, is someone saying "I thought of that before you did, and even though I had no clue how to implement the idea, you should still pay me money for using it."
Copyright is the protection of an actual product, which is why software patents don't exist in Europe, yet.
Patents for me are complete fraud, all of them should be struck down, no one should have any legal protection for merely thinking up something without at least having a valid, and independently assessed working design for implementing the idea.
The only exception in this case should be for the Crackberry - which is ofcourse the bane of all existance, the Devil incarnate in cell phone form, the evil from which all bloggers are spawned.
Death to the Crackberry. Long live the Treo.
It is sad, when the work of technical people with ideas, vision and skills to develope something useful is smashed by these patent-jerks.
It is sad, when the work of technical people with ideas, vision and skills to develope something useful is smashed by these patent-jerks.
Exempting them would set a bad precedent.
If Congress looses access maybe then they would actually see that people are harmed in these cases and go and get some work done to fix the broken patent system and the excessive damage awards being given out all the time.
If they do not also feel the "pain" they will do nothing to prevent this from occuring again in the future.
They can get their e-mails again in 2012 when the patent runs out - it will take them that long to fix the problem anyway.
Tom Philo
http://taphilo.blogspot.com
mark d.
Exempting them would set a bad precedent.
If Congress looses access maybe then they would actually see that people are harmed in these cases and go and get some work done to fix the broken patent system and the excessive damage awards being given out all the time.
If they do not also feel the "pain" they will do nothing to prevent this from occuring again in the future.
They can get their e-mails again in 2012 when the patent runs out - it will take them that long to fix the problem anyway.
Tom Philo
http://taphilo.blogspot.com
mark d.
http://www.amazon.com/gp/product/0738201448/sr=8-1/qid=1140722088/ref=pd_bbs_1/102-5346398-0936950?%5Fencoding=UTF8
However, I shudder to think what the combined force of "the data wants to be free" crowd together with patent trolls would do to the legitimate copyrights of print authors.
http://www.amazon.com/gp/product/0738201448/sr=8-1/qid=1140722088/ref=pd_bbs_1/102-5346398-0936950?%5Fencoding=UTF8
However, I shudder to think what the combined force of "the data wants to be free" crowd together with patent trolls would do to the legitimate copyrights of print authors.
I will be seeking compensation as a direct decendant, but you can pay me now if you use or have used email. This will ensure that you avoid costly court costs on top what you all owe me.
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I will be seeking compensation as a direct decendant, but you can pay me now if you use or have used email. This will ensure that you avoid costly court costs on top what you all owe me.
- Disaster Recovery, Incident response and security
- by blobree February 23, 2006 12:54 PM PST
- If the blackberrys go away, wonder how many DR plans and incident response plans will have to be changed, how many new models will have to be put in place to replace the technology. How many of us are dependent on this form of communications and will have to buy an ulternative, we all know what happens to our cell phones in a disaster. For someone who does not want to worry about the security risks of using a Windows type device, not many alternatives...
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