| reply to cdru
Re: WTF? said by cdru:said by cpsycho:I guess they should sue me next my home theater PC does most of the same stuff. No, they wouldn't come after you. They would come after the manufacturer or developer that made the product that allows you to do what you do on your computer, if they think it's infringing. It's not a patent violation to duplicate someone else's invention. It's a patent violation to duplicate it and try to sell it to others or otherwise market it. So TiVO could sue Microsoft for the integration of Windows Media Center into some of their operating systems? WOW... |
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Reviews:
 ·WOW Internet and..
| TiVO isn't big enough to take on MSFT.
Also Media Center has probably been around long before TiVO even started building their boxes.
If they think they can take on MSFT, they better have their ducks in a row, only because MSFT can stomp them like a fly. |
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 cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:5
 ·Frontier FiOS
| reply to apollo80
said by apollo80:So TiVO could sue Microsoft for the integration of Windows Media Center into some of their operating systems? WOW... If Microsoft offered a product that infringed on one of TiVO's patents, yes they could be sued.
If/when Tivo goes after Microsoft it will be after any legal loose ends have been cleared up in the Echostar case and TiVO has extremely solid case law to build upon. There is no point in taking on several cases at once before the dust has even started to setting on the initial case.
Microsoft also has a considerable patent portfolio of their own that they keep as a defensive weapon. If TiVO ever came after them, they would break out those patents and make it very difficult for TiVO to fight one case with multiple additional counter suits coming back at them. It would take a very sizable war chest for TiVO to do so, which is what they are trying to build up with these early lawsuits in addition to case law.
Finally, Microsoft would just buy TiVO. They wouldn't even bat an eyelash at what it would cost. MSFT has $8b in cash on hand with another $12b in short term investments. The amount it would take to crush TiVO is almost a rounding error.
Look up SCO v. IBM or SCO v. Novell to see what happens when a relatively small company attempts to pick a fight with the largest IT companies in the world. |
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 KrKHeavy Artillery For The Little GuyPremium
join:2000-01-17
Tulsa, OK
 ·AT&T DSL Service
| said by cdru:Look up SCO v. IBM or SCO v. Novell to see what happens when a relatively small company attempts to pick a fight with the largest IT companies in the world. Did you hear? This case is back from the dead. Looks like the Federal Appeals court Judges ruled Novell did NOT own the code. SCO is back in business and the lawyers are full steam ahead. Both the cases vs Novell and IBM are back on.
Return of the Living dead, patent lawsuit style.
»news.digitaltrends.com/news-arti···erturned
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"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
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cdruGo ColtsPremium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:5 Reviews:
·Frontier FiOS
| said by KrK:Did you hear? This case is back from the dead. Looks like the Federal Appeals court Judges ruled Novell did NOT own the code. SCO is back in business and the lawyers are full steam ahead. Both the cases vs Novell and IBM are back on. Return of the Living dead, patent lawsuit style. » news.digitaltrends.com/news-arti···erturned Yes I did hear, but also read more into it as well as read the latest news. Your post is slightly inaccurate.
The judge didn't rule that Novell doesn't own the copyrights, the judge ruled that there enough ambiguity in the APA that the summary judgement entered my Kimball was improper and that a jury trial would be more appropriate. A jury still could find in favor of Novell. That is if it even realyl goes back to a jury. Novell filed an rehearing en banc to go back to a full panel of 9 (or in this case 8) appealate judges, just just a partial panel of 3 judges.
As to being full steam ahead, hardly. Even if it does eventually get remanded back to the lower court and stays there, it's not certain if SCO can or will continue to fight it. The appeals court upheld that Novell was entitled to royalties from the Sun licensing agreement that fueled SCO's war chest early on. SCO now has to pay that to Novell, although that leads into the other issue, SCO's Chapter 11 proceedings.
SCO's management is effectively no longer in control of the company's legal future. A court appointed trustee is now running things and gets to decide if continuing the lawsuits is in the creditors best interest, if assets should be sold off, or what exactly the future holds for SCO.
The Novell case must be decided before the IBM case can proceed since Novell's claim of ownership destroys SCO's case against IBM if upheld. |
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