[YBA] i4i vs MS?

[YBA] i4i vs MS?

Shachar Shemesh shachar at shemesh.biz
Thu Aug 13 12:31:28 IDT 2009


Danny Lieberman wrote:
>
> the judge wants to forbid MSFT from selling Word in the US on grounds  
> of a patent-infringement that cannot be proved to protect a company 
> that relies on Word to sell it's product.
I think the injunction is really ludicrous. The rule of late was that 
preventing a software house from selling its software because of a yet 
unproved claim does not satisfy the balance of damages. For example, it 
is quite clear that i4i cannot afford to compensate Microsoft for its 
true damages if should MS comply with this injunction, but then prevail 
in the actual case. The damages to Microsoft would be in the billions, 
and I doubt i4i has that much. On the other hand, if the injunction were 
not given, and i4i prevails, it is hard to imagine a situation in which 
MS will not have the money to compensate it.

The whole setup seems utterly ridiculous.

And yet, we cannot seem to draft Microsoft to the anti-software patents 
camp. Despite the fact that their loses to silly patents over the years 
far outweight their gains from them.

Amazing

Shachar

-- 
Shachar Shemesh
Lingnu Open Source Consulting Ltd.
http://www.lingnu.com

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