Legal Issues

Legal Issues

by Mike Masnick


Print



Feds To RIM: We Got Your Back, Just Keep The Crackberries Running

from the can't-be-without-that-hit dept

Almost three years ago, when people started talking about how RIM could be forced to kill Blackberry service in the US over their patent dispute with NTP, the US Congress filed a brief in the case noting how much damage it would to the US government should their Blackberries stop working. Don't think they haven't been watching the situation closely for the last three years either. While you would think that would have given government officials enough time to work out a backup plan (especially now that there really are viable alternatives to the Blackberry), that's not the case. With the momentum clearly shifting back to NTP in the case, the Justice Department has filed a statement of interest which (reading between the lines) says something along the lines of: "Please, please, please, please, please do not force RIM to shut off Blackberry service in the US. We'd just die." Ah, yes, once again the government looks for ways to avoid patents when they're inconvenient.

10 Comments | Leave a Comment..

 

Reader Comments (rss)

(Flattened / Threaded)

  1. Yeh, well . . .

    by gattaca - Nov 11th, 2005 @ 9:21pm

    What dogmatic group declared blackberry THE solution for wireless handhelds???

    (reply to this comment) (link to this comment)

  2. Why Blackberry over other solutions?

    by Nonesuch - Nov 11th, 2005 @ 11:44pm

    What dogmatic group declared blackberry THE solution for wireless handhelds???
    There are plenty of wireless handheld solutions, but Blackberry has the most popular approach for "push" email... most other solutions, the handheld has to actively poll for new messages every X minutes, or use some sort of hack like the IDLE command in IMAP4 used by SnapperMail, etc.

    Additionally, in a corporate environment Blackberry Enterprise Server (BES) is arguably the most stable and scalable solution for rolling out wireless email to hundreds or thousands of employees. Competitors like "Good" just aren't good enough.

    (reply to this comment) (link to this comment)

  3. Re: Why Blackberry over other solutions?

    by Mike - Nov 12th, 2005 @ 11:42am

    The question isn't why Blackberry over other solutions, but why not have a backup plan, clearly knowing that Blackberry may need to be shut off.

    (reply to this comment) (link to this comment)

  4. Re: Why Blackberry over other solutions?

    by Mousky - Nov 12th, 2005 @ 12:38pm

    You are overstating the impact of recent comments from the judge. Blackberry will not be shut off. It is not in NTP's interest to see an injunction. If Blackberry is shut off, then RIM would lose revenue, lots of it, which would make that huge windfall that NTP is looking for, less likely to happen. RIM will pay - and they know that. Most financial analysts are betting on a settlement of around $1 billion. Not a bad pay day for a company that makes no products and provides no services. Thank god for the patent system.

    Good read at Blackberry Surprise

    (reply to this comment) (link to this comment)

  5. Re: Why Blackberry over other solutions?

    by Mike - Nov 12th, 2005 @ 1:03pm

    No, I agree. There's no way it will be shut off (I think $1 billion is a bit high, but we'll see...). However, it's pretty clear that the gov't hasn't planned ahead in case it does happen -- which it absolutely could.

    (reply to this comment) (link to this comment)

  6. Feds To RIM: We Got Your Back, Just Keep The Crack

    by Agitater - Nov 12th, 2005 @ 2:00pm

    . . . except that the U.S. Patent Office is has released its preliminary report stating that the NTP patent may not hold. The courts won't reverse a ruling against RIM based on a preliminary finding of the USPO, but logic dictates that if the USPO's own findings are now indicating a reversal the most likely winners in all of this will be the lawyers who counter-sure NTP when the USPO's final report favoring RIM is released (Two years from now? Three years?). Call Congress foolishly protective right now if you must, but the USPO has a hell of a lot to answer for because of reams of bad patents which been rescinded over the past ten years. The USPO is a rancid joke.

    (reply to this comment) (link to this comment)

  7. Feds To RIM: We Got Your Back, Just Keep The Crack

    by Agitater - Nov 12th, 2005 @ 2:01pm

    . . . except that the U.S. Patent Office has released its preliminary report stating that the NTP patent may not hold. The courts won't reverse a ruling against RIM based on a preliminary finding of the USPO, but logic dictates that if the USPO's own findings are now indicating a reversal the most likely winners in all of this will be the lawyers who counter-sue NTP when the USPO's final report favoring RIM is released (Two years from now? Three years?). Call Congress foolishly protective right now if you must, but the USPO has a hell of a lot to answer for because of reams of bad patents which been rescinded over the past ten years. The USPO is a rancid joke.

    (reply to this comment) (link to this comment)

  8. Re: Why Blackberry over other solutions?

    by Stoned4Life - Nov 12th, 2005 @ 9:09pm

    Since when has the government had a backup plan for anything??

    1. Create a Plan
    2. Execute the Plan
    3. Hope the plan works
    4. Pray the plan works
    5. Holy crap, the plan isn't working.
    6. OMG, what are we supposed to do??
    7. Turn to the judicial system and bend the law to suit your strongest and deepest desires... no, we're not legalizing child porn here.

    (reply to this comment) (link to this comment)

  9. Re: Why Blackberry over other solutions?

    by Mousky - Nov 12th, 2005 @ 10:45pm

    Several analysts believe that the worst-case scenario for RIM is $1.5 billion. I read an "interesting" rant over at The Register that claimed that this was a David (NTP) versus Goliath (RIM) battle. Um, ya, RIM invests millions of dollars into a physical product and NTP invests zero into non-existant products and services. Gotta love patent blackmail. Why innovate when you can litigate?

    (reply to this comment) (link to this comment)

  10. RIM's stupidity is unbelievable

    by dude - Nov 14th, 2005 @ 7:04am

    As far as I remember, back in 2002 when RIM was
    first sued by NTP and the court found RIM guilty of patent infringement, they were ordered to pay
    *only* 23 million bucks in damages ...
    Yet RIM decided to fight that court decision and
    here we go - the meter is at 450 mil now (at least) and counting...
    Talking about stupidity...

    (reply to this comment) (link to this comment)

Add Your Comment

Get Techdirt’s Daily Email
Plain Text HTML Save me a cookie
  • Plain Text: A CRLF will be replaced by break <br> tag, all other allowable HTML is intact
  • HTML: No formatting of any kind is done without explicitly being written in
  • Allowed HTML Tags: <b> <i> <p> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Close
Get Techdirt’s Daily Email
Plain Text HTML Save me a cookie
Search Techdirt
And now, a word from our Sponsors..
Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Related Stories
Close
E-mail It