Alan Frayer wrote: > Microsoft may have much to lose by going to a jury trial against a SOHO, > but that won't prevent the lawsuits, or the threat of the same. The SOHO > has more to lose: its existence.
If Microsoft files a suit against a SOHO, the SOHO files C#11, or more likely C#7, regardless of the outcome. By going to a jury trial, there is a chance that the SOHO wins, and then can file a successful counter suit. > See, a common tactic in civil suits is to simply outlast the opposition. > When you have deep pockets and your opponent does not, you can feel > fairly confident that your opponent will run out of money defending > itself before the case ever reaches a jury. The SOHO, which simply As the RIAA has discovered to its horror, when the defendant won't settle out of court, and wins, the defendant wins the counter suit, and suddenly the RIAA is faced with paying triple damages. > declare bankruptcy ... and either way, Microsoft wins. You are forgetting the anti-SLAPP statutes. Any patent related litigation on unenforcible patents will be viewed as being nothing more than a SLAPP. > Given that, I cannot rule out Microsoft targeting selected SOHOs, just to > make a point. > After all, they do that routinely, already, A mixed Windows/FLOSS shop is going to be the most vulnerable to that tactic. A FLOSS only shop can tell the SPA to go to hell, and even if the sheriff comes with them, with a court ordered search warrant, won't find any software licence violations. A mixed Windows/FLOSS shop will have licence violations, because of the way Microsoft and the SPA define "a genuine licence". When Microsoft sues for licence violations, they simply add the patent violations to the proceedings. [Of course, at this point, between the accountant and the lawyer, the company will: * Terminate all employees, with zero notice; * Hold a fire sale, selling off all of its assets; * File C#7, whilst wrapping up the rest of the affairs; * Walk into the patent infringement court case, and tell the judge that the company is out of business, and there are no assets which are recoverable; * Have the ex-CEO go thru the alleged patent infringements one by one; * Have the Jury dismiss 3each patent count on the grounds that Microsoft was claiming intellectual property rights on data that they neither owned, controlled, or had authority to act upon; xan jonathon --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
