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Article #1274

Re: hayes lawsuit

#1274
From: Chris Petrilli
Date: Mon, 27 May 1991 19:39
57 lines
3313 bytes
Kurt Sletterdahl writes:

   I find it hard to blame Hayes for this suit, when the litigation
   was in fact initiated by the Modem Patent Defense Group in 1985.

   Yes, I think it was prudent for most of the Modem Patent Defense
   Group to settle prior to trial; rather than to lose a multi-million
   dollar suit for willful patent infringement and to be slapped with
   punitive damages and attorney fees. There is always a chance that
   the decision will be reversed on appeal, but the initial decision
   seemed to be very decisive.

The problem is that the people who settled seem to be admitting guilt,
which, IMHO, is not true.  The patent covers software, which I do not
believe is patentable, hence my hatered for this and all softare
lawsuits. 

   The modem marketplace is very competitive, and Hayes' nominal
   licensing fee has done nothing to change that fact. Since you hate
   Hayes so much, a fashionable position <grin>, make sure that the next
   modem that you buy is made by Practical Peripherals. <bigger grin>

It is the idea of a licensing fee that bothers me...  this is once
again strengthening the precedent of software lawsuits.  What if Hays
decides taht they want a $40/modem fee for thier command set, which
might be covered my another patent (lord only knows), then is it still
OK?  Hard to compete when you are paying $40 just in licensing fees,
yet the hardware only costs $10 to make.

   IMHO, international competitiveness is dependant on invention and
   innovation; and the ability to take these and develop marketable
   products. (It seems all too often that the US makes the initial
   invention, and then abandons it to be developed into a marketable
   product by Japan.) Does Everex, for example, do much more than to cost
   effectively assemble parts that were invented elsewhere?

NO..NO..NO!  This is the idealogy that has caused the current
problems.  Invention is not necessarily a GOOD THING.  I have seen
many inventions that are not worth the paper they are printed on.
Isn't it better to improve than to re-invent.  You must take a look at
what is currently being done, and decide if it is good, rather than
immediately throw it out because it's not new.  Invention consumes
alot of resources that could be directed toward refinement of ideas.
Take Emacs for example... considered by MANY to be the BEST editor in
the world, and yet it dates from the days of PDP-1s and TECO.
Obviously re-invention is not necessarily the best way to make
advances.

   I am not directly of indirectly associated with Hayes.

I'de hope not... but you do seem to excuse them for what they've done.

Chris
--
| Chris Petrilli
| petrilli@gnu.ai.mit.edu
| I don't even speak for myself.
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From: petrilli@geech.gnu.ai.mit.edu (Chris Petrilli)
Newsgroups: gnu.misc.discuss,comp.misc,comp.dcom.modems
Subject: Re: hayes lawsuit
Message-ID: <PETRILLI.91May27153903@geech.gnu.ai.mit.edu>
Date: 27 May 91 19:39:03 GMT
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Organization: The Free Software Foundation
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In-reply-to: kurt@pnet51.orb.mn.org's message of 27 May 91 15:45:01 GMT