priller
join:2000-10-20
Gainesville, VA
1 edit | reply to NowVOIP
Re: Vonage is just the first!!! That could very well be.
However, one key point of Vonage's defense was that they use Commercial Off-the-shelf or OpenSource software to operate the network. If true, that would strongly imply that many others are exposed to the same patent infringement.
If the above is true ... I've often wondered if VZ was going after the right people. Shouldn't they be going after the developers that wrote the software that contains the patents instead of the network operator that is using it? |
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| said by priller:That could very well be. However, one key point of Vonage's defense was that they use Commercial Off-the-shelf or OpenSource software to operate the network. If true, that would strongly imply that many others are exposed to the same patent infringement. If the above is true ... I've often wondered if VZ was going after the right people. Shouldn't they be going after the developers that wrote the software that contains the patents instead of the network operator that is using it? With verizon doing this. Not only will they kill off some voip providers , but they will also kill off some OSS devs and companies using OSS.
This has a ripple affect , just like sco did. Now people will hawk their wares saying see OSS is bad for business you open yourself up for lawsuits in the future.
Admitting they used OSS is bad, for OSS , but I am sure MS and other closed vendors are licking their chops at this as a side effect.
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"It's always funny until someone gets hurt......and then it's absolutely friggin' hysterical!" |
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| reply to priller
If Vonage is using off the shelf hardware and Open source shouldn't Verizion be going after them not Vonage.
Would that not be the equivalent of Company Y saying they have the patents on Gas Caps used in GM trucks then suing UPS for violating the patent. When in fact GM was a fault. (note: I don't know if UPS uses GM trucks or not just an example.) |
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 nixenRockin' the BoxenPremium
join:2002-10-04
Alexandria, VA | reply to BosstonesOwn
said by BosstonesOwn:This has a ripple affect , just like sco did. Now people will hawk their wares saying see OSS is bad for business you open yourself up for lawsuits in the future. Really? And how've things been working out for SCO, lately?
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Everyday, thousands of new cars are delivered to their new owners with poorly-selected radio station presets. |
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 sitrix
join:2002-04-15
Tacoma, WA | reply to dcurrey
Verizon will, they just needed a win against a known company to reinforce their case...  |
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| reply to nixen
sco is dead , but the ripple it caused in the linux / unix world was heard.
Just like sco verizon may have a bad case but they have the money to back it up.
This if it goes mainstream will be a scare tactic to some business that was looking to migrate.
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"It's always funny until someone gets hurt......and then it's absolutely friggin' hysterical!" |
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| reply to dcurrey
said by dcurrey:If Vonage is using off the shelf hardware and Open source shouldn't Verizion be going after them not Vonage. Would that not be the equivalent of Company Y saying they have the patents on Gas Caps used in GM trucks then suing UPS for violating the patent. When in fact GM was a fault. (note: I don't know if UPS uses GM trucks or not just an example.) This is exactly what happens in many patent infringement cases. The law allows the patent holder to go after anyone using the patented idea even users. They will usually sue the users with the deepest pockets. |
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 GooberPremium
join:2000-12-17
Naperville, IL
kudos:4
1 edit | Yup. Basic patent law statute. The patent holder has the right to exclude others from making, using, selling or importing the patented item.
Typically, the user or buyer has an IP indemnification clause in the buying agreement when it purchases the parts. So, it's usually not terribly expensive for the user to take care of the matter. But, it's enough of an inconvenience to the buyer as to tick them off regarding the seller. So, the seller risks losing the customer's business as to the infringed part as well as any other things it buys from the seller. |
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| reply to BosstonesOwn
Well, technically speaking SCO had Bill Gates' money to back them up, for a while. Verizon isn't Gates, but SCO is no Verizon without him. |
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