[clug] FOSS patent infringements
Simon Pascal Klein
4pascal at tpg.com.au
Thu May 17 05:19:43 GMT 2007
On Thu, 2007-05-17 at 08:53 +1000, Alex Satrapa wrote:
> On 16 May 2007, at 20:11, Sam Couter wrote:
> > What would be really scary for Microsoft is if IBM decided to join
> > the party.
> AFAIK, the only thing stopping IBM from coming out and saying,
> "Microsoft is violating 2543 of our patents" is that, being a
> commercial entity with a defined market, Microsoft can claim real
> financial losses due to IBM's statement, and sue for damages.
IBM is in their legal rights to reveal factual statements. If they
believe that Microsoft is violation any number of patents (for arguments
sake, I like your number -- 2543), unless Microsoft proves that the
statement was false, Microsoft cannot successfully sue IBM.
> I'd really like to hear IBM's take on Microsoft's statement though.
Ditto. Doubt it will happen though, unless MS pushes this much further.
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