Version: 2008

February 23, 2006 4:00 AM PST

Bye-bye, BlackBerry?

  • 57 comments

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"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."

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NTP, Research In Motion Ltd., injunction, RIM BlackBerry, James Spencer

Add a Comment (Log in or register) Showing 1 of 2 pages (57 Comments)
Blackberry shutdown unlikely
by nbdr February 23, 2006 5:31 AM PST
Blackberry shutdown is unlikely because RIM uses methods used in mobile phones to deliver emails. If RIM goes down there will be others along the way.

Nir Ben-Dor

I write for Linkadelic Magazine. You can too
http://www.comagz.com/webmagazine/
Reply to this comment
Blackberry shutdown unlikely
by nbdr February 23, 2006 5:31 AM PST
Blackberry shutdown is unlikely because RIM uses methods used in mobile phones to deliver emails. If RIM goes down there will be others along the way.

Nir Ben-Dor

I write for Linkadelic Magazine. You can too
http://www.comagz.com/webmagazine/
Reply to this comment
I bet this guy is a Democrat
by fafafooey February 23, 2006 5:33 AM PST
>>"It might be a nice change," said one Senate aide, who asked to remain anonymous. "Instead of looking at my BlackBerry the first thing in the morning, I might actually be able to take a shower without work on my mind."<<

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!
Reply to this comment
Sounds like a Republican to me.
by System Tyrant February 24, 2006 6:48 AM PST
:)
I bet this guy is a Democrat
by fafafooey February 23, 2006 5:33 AM PST
>>"It might be a nice change," said one Senate aide, who asked to remain anonymous. "Instead of looking at my BlackBerry the first thing in the morning, I might actually be able to take a shower without work on my mind."<<

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!
Reply to this comment
Sounds like a Republican to me.
by System Tyrant February 24, 2006 6:48 AM PST
:)
Patents invalid
by Dolphineus February 23, 2006 5:57 AM PST
US Patent and Trademark office has issued preliminary invalidations in ALL 5 patents involved in the lawsuit. Just this week (Tuesday?) they issued the first FINAL rejection of patents in this case. Did you do any research on this article?
Reply to this comment
What you say is true, but
by ajbright February 23, 2006 10:14 AM PST
Due to the legal system available to patent holders, i.e. the right to appeal any decision, even if those decisions to invalidate all of NTPs patents are upheld the legal battle could take years to play out.

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.
View reply
Patents invalid
by Dolphineus February 23, 2006 5:57 AM PST
US Patent and Trademark office has issued preliminary invalidations in ALL 5 patents involved in the lawsuit. Just this week (Tuesday?) they issued the first FINAL rejection of patents in this case. Did you do any research on this article?
Reply to this comment
What you say is true, but
by ajbright February 23, 2006 10:14 AM PST
Due to the legal system available to patent holders, i.e. the right to appeal any decision, even if those decisions to invalidate all of NTPs patents are upheld the legal battle could take years to play out.

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.
View reply
Blackberry
by ebrpd18 February 23, 2006 6:04 AM PST
Who is NTP anyway? All I've ever heard is they're some scam outfit that buys up obscure patents so they can sure comapnies for infringement. Apparently this Stout dude is a patent lawyer (surpise!!) http://www.antonelli.com/part_stout.html. Another case of lawyers mis-using their privileges as court officers for their own gain
Reply to this comment
NTP didn't buy anything
by epiccollision February 23, 2006 7:31 AM PST
NTP was a company formed to protect the patents of an inventor(who's name i'm too lazy to lookup). Technically its not even a company but more of an enity. Altough I disagree wiht NTP's stance on the issue... and herre's something that bothers me.. ALL 5 patents in the case have been denied!!!what else am i missing here...how can there be a lawsuit without a premise(other then the USA is the land of the lawsuit)...and why does this judge seem like an inbred dufus, his decisions make no sense to anyone whose more than 2 articles aboout the case
View reply
Blackberry
by ebrpd18 February 23, 2006 6:04 AM PST
Who is NTP anyway? All I've ever heard is they're some scam outfit that buys up obscure patents so they can sure comapnies for infringement. Apparently this Stout dude is a patent lawyer (surpise!!) http://www.antonelli.com/part_stout.html. Another case of lawyers mis-using their privileges as court officers for their own gain
Reply to this comment
NTP didn't buy anything
by epiccollision February 23, 2006 7:31 AM PST
NTP was a company formed to protect the patents of an inventor(who's name i'm too lazy to lookup). Technically its not even a company but more of an enity. Altough I disagree wiht NTP's stance on the issue... and herre's something that bothers me.. ALL 5 patents in the case have been denied!!!what else am i missing here...how can there be a lawsuit without a premise(other then the USA is the land of the lawsuit)...and why does this judge seem like an inbred dufus, his decisions make no sense to anyone whose more than 2 articles aboout the case
View reply
Pantent the pantenting!
by throbi February 23, 2006 6:14 AM PST
Let's file a patent on "patenting all kind of random stuff, sitting on patent for years and sueing anyone, who dares to implement any of our patented stuff"!

It is sad, when the work of technical people with ideas, vision and skills to develope something useful is smashed by these patent-jerks.
Reply to this comment
prior art
by madjo February 23, 2006 7:04 AM PST
Sorry, but that patent will be denied because of prior art.
Pantent the pantenting!
by throbi February 23, 2006 6:14 AM PST
Let's file a patent on "patenting all kind of random stuff, sitting on patent for years and sueing anyone, who dares to implement any of our patented stuff"!

It is sad, when the work of technical people with ideas, vision and skills to develope something useful is smashed by these patent-jerks.
Reply to this comment
prior art
by madjo February 23, 2006 7:04 AM PST
Sorry, but that patent will be denied because of prior art.
RIM could just call it quits
by Too Old For IT February 23, 2006 7:50 AM PST
How many other "best of breed" companies during the Information Technology era have just said "to hell with it", turned off the lights, closed up shop, locked the doors and gone home? I'm sure all RIM employees and executives could land someplace else, leaving NTP to figure out how to fend off lawsuits (or a big yellow truck parked in front of the building) from users who see NTP as the idiots that killed the Blackberry.
Reply to this comment
do you have any idea how much RIM is worth?
by epiccollision February 23, 2006 8:36 AM PST
and most of you comment was reactionary nonsense anyway
View reply
RIM could just call it quits
by Too Old For IT February 23, 2006 7:50 AM PST
How many other "best of breed" companies during the Information Technology era have just said "to hell with it", turned off the lights, closed up shop, locked the doors and gone home? I'm sure all RIM employees and executives could land someplace else, leaving NTP to figure out how to fend off lawsuits (or a big yellow truck parked in front of the building) from users who see NTP as the idiots that killed the Blackberry.
Reply to this comment
do you have any idea how much RIM is worth?
by epiccollision February 23, 2006 8:36 AM PST
and most of you comment was reactionary nonsense anyway
View reply
Feds Should Not Be Exempt from Shutdown
by taphilo February 23, 2006 9:09 AM PST
This is a case where ALL should be disconnected - especially the Federal Government and Congress.

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
Reply to this comment
Right On!
by markdoiron February 23, 2006 10:38 AM PST
Many of our problems exist because those with the power to fix them arrange to avoid them. Such is the case with the Fed's exempting themselves from this shutdown. It's also the case with other things, such as public education, where those with power to fix it avoid it. And it was the case in voting to send other people's kids to die in a misguided war in Iraq.

mark d.
Feds Should Not Be Exempt from Shutdown
by taphilo February 23, 2006 9:09 AM PST
This is a case where ALL should be disconnected - especially the Federal Government and Congress.

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
Reply to this comment
Right On!
by markdoiron February 23, 2006 10:38 AM PST
Many of our problems exist because those with the power to fix them arrange to avoid them. Such is the case with the Fed's exempting themselves from this shutdown. It's also the case with other things, such as public education, where those with power to fix it avoid it. And it was the case in voting to send other people's kids to die in a misguided war in Iraq.

mark d.
Patents are obsolete...
by lewissalem February 23, 2006 11:15 AM PST
...just try to enforce a patent or copyright in the Information Age. Name one thing that hasn't been reverse engineered, hacked, copied, etc. Somebody will figure out a workaround.

http://www.amazon.com/gp/product/0738201448/sr=8-1/qid=1140722088/ref=pd_bbs_1/102-5346398-0936950?%5Fencoding=UTF8
Reply to this comment
Most of IT always belonged in ...
by Too Old For IT February 23, 2006 1:52 PM PST
... the realm of copyright anyway.

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.
Patents are obsolete...
by lewissalem February 23, 2006 11:15 AM PST
...just try to enforce a patent or copyright in the Information Age. Name one thing that hasn't been reverse engineered, hacked, copied, etc. Somebody will figure out a workaround.

http://www.amazon.com/gp/product/0738201448/sr=8-1/qid=1140722088/ref=pd_bbs_1/102-5346398-0936950?%5Fencoding=UTF8
Reply to this comment
Most of IT always belonged in ...
by Too Old For IT February 23, 2006 1:52 PM PST
... the realm of copyright anyway.

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 PATENTED IT FIRST!!
by Quickshiper February 23, 2006 11:21 AM PST
I PATENTED THIS DEVICE FIRST WHILE AT PENN STATE!! I invented the Blackberry in 1986 then Patented, and Trademarked what I called then the "DHONE" (short for data-phone) while at Penn State getting two degrees in electrical and computer engineering. I worked with Radio telephones (they were in briefcases then in the late 1970's) modems and handheld computer design way before all those idiots at NTP stole my ideas. I only filed patent pendings though. I gave speaches at Angel Investor meetings trying to get funding also for the same device 20 years ago way before the internet.
Reply to this comment
They need to pay me!
by t8 February 23, 2006 3:59 PM PST
The concept of sending messages was invented by my great great great granfather who was the first to use pigeons to send messages. Now his idea has been stolen by all email providers.

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 PATENTED IT FIRST!!
by Quickshiper February 23, 2006 11:21 AM PST
I PATENTED THIS DEVICE FIRST WHILE AT PENN STATE!! I invented the Blackberry in 1986 then Patented, and Trademarked what I called then the "DHONE" (short for data-phone) while at Penn State getting two degrees in electrical and computer engineering. I worked with Radio telephones (they were in briefcases then in the late 1970's) modems and handheld computer design way before all those idiots at NTP stole my ideas. I only filed patent pendings though. I gave speaches at Angel Investor meetings trying to get funding also for the same device 20 years ago way before the internet.
Reply to this comment
They need to pay me!
by t8 February 23, 2006 3:59 PM PST
The concept of sending messages was invented by my great great great granfather who was the first to use pigeons to send messages. Now his idea has been stolen by all email providers.

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.
View reply
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...
Reply to this comment
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...
Reply to this comment
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