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Feds Enter Blackberry Fray

Rick Zeman writes "Blackberry addicted US Feds have entered into the patent dispute between Canadian company Research in Motion and US patent-holders NTP. From the article: 'The Justice Department has filed a legal brief in a patent dispute, asking a federal court to delay any immediate shutdown of the popular wireless e-mail system to ensure that state and federal workers can continue to use their devices.' Apparently 10% of US Blackberry users are government users."

49 of 226 comments (clear)

  1. US Government dependence of foreign corporation by Tontoman · · Score: 5, Informative

    One odd element of this dispute is this: Canada has also filed amicus brief in the case. http://patentlaw.typepad.com/patent/2005/01/canada _challeng.html Canada argues that essential part of their system, the email relay operation, is located entirely in Canada. Therefore US government is saying they have put a foreign corporation (Blackberry LTD) in the critical path of essential government communication.

    1. Re:US Government dependence of foreign corporation by Doc+Ruby · · Score: 5, Interesting

      The point is in the title: the US government is dependent on a foreign corporation for an essential infrastructure. That fact isn't "xenophobic", in the perjorative sense, just in the real sense of identifying the risk and threat from foreigners, which is completely established by millennia of history.

      Canada is our ally, and a reasonable partner - usually more reasonable than we are. But a national security that's dependent on a foreign power is insecure. Exceptions can't be made on any basis, even including a hypothetical exclusive source for a useful technology. And Blackberry isn't the exclusive source for pushed mobile email - just the most popular, and maybe the easiest. This dimension to the conflict shows the security requirements of ensuring American tech is at the forefront. Even if just by ensuring an American company, entirely governed by the American government, has a license from the foreign supplier, and the means to produce independently if suddenly cut off. Of course, it also shows how the Feds mismanage national security, prioritizing fear and $BILLIONS in expenses, without identifying actual risks.

      --

      --
      make install -not war

    2. Re:US Government dependence of foreign corporation by Anonymous Coward · · Score: 3, Insightful

      Isn't the US doing the same by demanding they keep exclusive control of the root DNS and the internet itself? (Read: having control over an infrastructure used world wide for econimocal and government purposes)

    3. Re:US Government dependence of foreign corporation by trollable · · Score: 4, Insightful

      But a national security that's dependent on a foreign power is insecure.

      Agreed. No more Windows, no more Oracle, ... at least in the defense ministry. Only double-checked open-source for the software (or special development and terms if there is no FOSS equivalent). But what about hardware? IMHO, to have "trusted" hardware is as important as "trusted" software.

    4. Re:US Government dependence of foreign corporation by Jeff+DeMaagd · · Score: 3, Informative

      Therefore US government is saying they have put a foreign corporation (Blackberry LTD) in the critical path of essential government communication.

      Actually, given the history, I don't see that as a problem. The Crackberries were supposedly the most effective means of communication between many Federal employees following the 9/11 disaster after many other means of communication had failed or was gridlocked. It was successful enough that they've expanded their purchasing of the devices.

    5. Re:US Government dependence of foreign corporation by Doc+Ruby · · Score: 3, Insightful

      Yes it is. National security is not a fair game - it's a nonstop battle to retain the advantage in protecting one's national resources, including technology. One reason the US has prospered has been general perception of it as a "fair dealer" that can be trusted to administer unique resources globally for fair access and mutual safety. Even despite many severe abuses by the US, it's generally been more fair and reliable than the other alternative governments.

      Of course, the Bush administration has destroyed so much of that credibility that the US might never regain it. Other nations are certainly within their rights to try to grab their own national security interests from the US - even when there's no legitimate basis - especially when they're in fundamental conflict with the US, like China and even Brazil or Venezuela. But removing that control from the US creates an even more serious threat: the system will break more often, with a less manageable organization for fixing it, as well as include means for hostile attacks among conflicted nations.

      The US can regain its credibility in Internet governance (damaged more by its other failures than any Internet problems) by fairly and firmly resolving the kerfuffle in the UN that threatens US control of the Net, and its perception of benevolence. Of course, Bush sending John "Blow Up the UN" Bolton to head our UN mission makes that even harder. These wranglings will probably boil for years, until we're rid of Bush and his criminally incompetent crew. And leave scars behind. By then perhaps the global Internet community will have developed technology that better models both mutual participation and self-determination than the current DNS tech, without risking fragmentation. We've all got a lot of work to do, motivated by enlightened self-interest.

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      make install -not war

    6. Re:US Government dependence of foreign corporation by jmcharry · · Score: 5, Interesting

      There is a fairly long history of US dependence on Canada in national security matters. The DEW line springs to mind. Also, Northern Telecom supplied a fairly large number of military telephone switches and even some crypto gear. A fair amount of equipment used in our space program is of Canadian design. It seems to me government employees using a COTS communication device supplied by them is a much smaller risk. If the government isn't going to use things of foreign manufacture, it is likely to be much worse off considering the large amount of technological equipment that is only manufactured overseas.

      Beyond that, Canada is probably the lowest risk non US supplier one can imagine. They are independent, and there are occasional squabbles, usually over arcane trade issues, but they are so like us and so tied to us economically and culturally it is hard to imagine a major meltdown that would be a serious impediment to US national security. On the other hand, the last time we did get into a shooting war with them, they came down and burned the White House.

    7. Re:US Government dependence of foreign corporation by Kjella · · Score: 2, Insightful

      The point is in the title: the US government is dependent on a foreign corporation for an essential infrastructure. That fact isn't "xenophobic", in the perjorative sense

      More like paranoia, in the non-sensical sense. A few government workers cut off from mobile e-mail access? Whoa, real threat to national security there. Tell me the military or critical infrastructure is running over this, not convienience functions for paper pushers.

      This dimension to the conflict shows the security requirements of ensuring American tech is at the forefront. Even if just by ensuring an American company, entirely governed by the American government, has a license from the foreign supplier, and the means to produce independently if suddenly cut off.

      Why yes, let's just force all companies to share their technology with the US government, and to be operated by American companies so that the US is never dependent on a foreign coroporation for essential infrastructure. Seemed to work out great for Soviet Russia and all the rest that tried this kind of forced nationalization and state-granted monopolies.

      Of course, it also shows how the Feds mismanage national security, prioritizing fear and $BILLIONS in expenses, without identifying actual risks.

      Oh, so Blackberry is a national security risk. Here's a few other suggestions:
      1. Radical muslim terrorists
      2. Vast national debt and production dependecy on China
      3. Alienating many allies by the treatment of foreigners and foreign countries
      4. Ongoing military operations in Iraq with little end in sight

      I don't think the US realizes how much they've lost in standing in Europe over the last few years. It is no wonder the EU wants to take control of their DNS. How would you like it someone else was controlling the US internet? I'm sure you'd be spouting flames by then. People like you certainly don't help. Do you understand what it looks like when you want allies and trade partners, but at the same time you send the message loud and clear that we do not trust you, nor do we want to be dependent on trade with you? Good relations are built on commitments from both sides, do you ever wonder why the US has so few?

      --
      Live today, because you never know what tomorrow brings
    8. Re:US Government dependence of foreign corporation by Doc+Ruby · · Score: 2, Interesting

      You're talking about mutual interdependence. The DEW line offered no better alternative, and was a mutual compact. It is, in fact, also backed up by other border defenses. US security is increased by the Canadian DEW, but is not reduced to zero (or lower) by hypothetical Canadian subversion.

      The other examples you mention are more serious. And do present national security risks, some severe. Especially as so much essential materiel is now produced by Communist mafia China, America's natural enemy (even if it's the natural ally of some of our richest Americans). The risk from Canada is not a priority, because Canada's threat is mitigated by their natural comity with America (and any other neighbor - they're nice), and their total dependence on trade with us. But security is a process, and threats are degrees of risk. The US national security would be higher if the government relied more on American tech, or at least reduced dependence risks from foreign tech with "failover" strategies of reverse engineering and cloning, with rapid domestic redeployment. We spend many $BILLIONS each year on strategic preparedness that usually doesn't otherwise improve our economy. If we spent some of that on domestic engineering and production, designed for rapid scalability, that risk mitigation would also build our economic strength and global competitiveness. As we've seen in eras where we're relatively at peace, national economic security is the fundamental basis for national military security.

      FWIW, if Canada turns of Blackberry, we should finally reclaim "Occupied Northern Maine". C'est la guerre ;).

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      make install -not war

    9. Re:US Government dependence of foreign corporation by matt4077 · · Score: 2, Insightful

      Firstly, it has been like that for a long time. There isn't a country in this world that does not rely on products from other countries. That kind of economic independence hasn't been around for 50 years. If you think the Blackberry is important in that context, just think of all the hardware that's manufactured in Asia.

      Secondly, total economic independence shouldn't even be a goal. Cooperation is not only economically beneficial (economies of scale, specialisation etc.), but is also an important factor in stabilizing the world. The #1 reason why there will never be war again between France and Germany is that both countries' wealth depend on trade with the other.

    10. Re:US Government dependence of foreign corporation by Anonymous Coward · · Score: 2, Interesting

      It should be pointed out that one of the reasons Canada was so concerned about the Patriot Act, is that the Canadian Government contracts out so many of it's sensitive databases to the American Companies, and they are stored in the USA. Of course with the Patriot Act, the current administration can order all this information be clandestinely turned over to them (go to prison it you mention you've given it too them). You can be sure Bush and Co. have already ordered it turned over to them, compromising all such Canadian data -- and I sincerely doubt (being Canada) it was worth *anything* intelligence wise. Certainly nothing worth pissing off our most reliable source of 'foreign' oil and resources, and our closest and probably most important ally (since Canada is also our most militarily ineffectual ally, the degree to which they support us in other ways tends to be overlooked. Fortunately for us, this relationship is doubly important to Canada, since the whole Canadian economy would fall to ruin without the USA). It also destroyed the chances of American companies getting these lucrative contracts with the Canadian Government (and companies) in the future.

      Ironically Canada has no equivalent of the Patriot Act, and our data is probably much safer from prying eyes in Canada than in the USA.

    11. Re:US Government dependence of foreign corporation by vijayiyer · · Score: 2, Insightful

      Well, it depends on what side of the fence you're on. To relinquish that control is to put critical infrastructure in the hands of a foreign entity, if you're the United States.
      Nobody is stopping foreign governments from switching to alternate root nameservers, the same way nobody is stopping US government agencies from switching remote email providers.

    12. Re:US Government dependence of foreign corporation by Excelsior · · Score: 2, Interesting

      But a national security that's dependent on a foreign power is insecure.
      Agreed. No more Windows, no more Oracle,

      Not the same at all. Windows and Oracle can't be "turned off" in a time of war. Blackberry's system's can. Further, with MS and Oracle being U.S. companies, the risk is also not comparable. By your logic, we shouldn't depend on Lockheed and Boeing for building the jets and missiles to defend our country.

      I like OSS as much as the next guy, but you shouldn't be modded "Insightful" simply because you bash corporate software if your point isn't.

    13. Re:US Government dependence of foreign corporation by rashanon · · Score: 3, Insightful

      Email is nothing. IF (and think how in the hell this would actually be a problem) Blackberry as a canadian company started to act against the security interests of the United States... Come on. If Canada ever wanted to stick it to the U.S. it wouldnt be via Email. Canada is a net supplier of Electricity, Canada is the single largest supplier of oil to the United States. They supply approximately 10 billion dollars in goods a month more then is bought back from the U.S. And on 9/11 when air traffic was closed in the U.S. all those planes headed for U.S. destinations, the all got rerouted and landed in Canada. Canada just helped. Canada and Canadian companies are not a security threat. These two countries haven't taken shots at each other since 1812. Trust me, Canada got over it. You want to worry about technology security. Stop manufactuing critial tech in China. They pilllage you IP rights, and U.S. companies do that simply because labour is cheaper, and you sell stuff another billion customers. This arguement shouldnt be about security. It should be about a broken patent system that hands out patents to people who patent concepts, not actual devices.

    14. Re:US Government dependence of foreign corporation by ppanon · · Score: 2, Insightful

      If we ever got THAT pissed off at Canada anyway

      More like the other way around. After all, the USA are the ones holding on to $5 billion in lumber import surcharges that have been deemed unfair by the NAFTA trade dispute resolution process. And W wonders why latin american countries are reluctant to pursue an america-wide trading agreement when he refuses to honour the existing trade agreement! Actions have consequences. W's actions in only accepting the portions of international agreements in his favour and rejecting the portions that are inconvenient have the consequence that his word and agreement are worth less than spit.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
  2. Good by Anonymous Coward · · Score: 3, Interesting

    This is getting ridiculous. The only ones who are really suffering from these patent battles are end users, who in this case will find their email inaccessible if the injunction goes through. I hope the government tells 'em the patent's invalid.

  3. Ironic by external400kdiskette · · Score: 5, Interesting

    that the governments broken patent system has come back to bite them. probably better they get the least desirable outcome in this case which may highlight the need for patent reform better when it's hurting them.

    1. Re:Ironic by nharmon · · Score: 4, Insightful

      The thing that bothers me is that the government which is supposed to be "of, by, and for the people" is not chiming into this lawsuit because of the effect it may have on its CITIZENs, but rather the effect it may have on its EMPLOYEEs.

    2. Re:Ironic by ScentCone · · Score: 2, Insightful

      is not chiming into this lawsuit because of the effect it may have on its CITIZENs, but rather the effect it may have on its EMPLOYEEs.

      How many government employees do you personally know? How many of them are not citizens? They also pay federal taxes, and are essentially their own employees. I just don't understand why people consider federal employees to be "thems," as if didn't suffer long commutes, bitch about their taxes, and dislike government waste just like the rest of us. There are definitely some sub-standard federal workers, but unfortunately it's almost impossible to fire them, and thus make their more effective co-workers more interested in sticking around.

      --
      Don't disappoint your bird dog. Go to the range.
  4. They can do more if they want. by Distan · · Score: 3, Informative

    Since they are a department of the government, they can simply ignore the patent and indemnify RIMM from any patent liability as far as government workers go.

    Patents don't apply to the government, unless the government wants them to. By extension, they don't apply to suppliers making things for the government.

    1. Re:They can do more if they want. by imkonen · · Score: 3, Insightful

      That seems a little simplistic. The government does actually rule against itself all the time. Even if you have the most cynical, Machiavellian view of the motivations and can't accept that anyone in government would do what's right just because it's the right thing to do, doesn't mean it's always in their interest to take for free what they should pay for. After all, the government is not a coorporation, and doesn't need to make a profit to survive. The outcome that worries me more here is that the feds will simply say "this is an essential service for our employees" and buy the patent rights or licence fee that the patent holder is demanding, thus ignoring the growing problem of submarine patents and rewarding the patent holder. Not that I really know that's the case here, but at least if some senators had their precious Blackberries screwed up by a licensing fiasco they might pay a little more attention to a problem that right now only techies seem to be aware of.

  5. Take a look at IP law by MobyDisk · · Score: 4, Insightful

    Ohhhhhh so what goes around comes around!!! Extend copyright = no problem. Allow stupid patents = no problem. "Oh wait... you mean, we have to live and work in this country where we made these stupid IP laws?"

    I hope the injunction seeds and they all lose their blackberries to government folly. And hopefully the people will stand up and say this isn't fair. Maybe the fed will finally take a look at the state of patent law.

    1. Re:Take a look at IP law by thebdj · · Score: 2, Insightful

      By and large patent law is not the problem with the system. There are actually two glaring problem to which I will point you.
      Problem 1: Congress takes a good chunk of the Patent Office's money to distribute to other government agencies. Unlike many of your government offices the USPTO actually makes money, not just spends it. I do not have the exact numbers available but for some reason it seems like there are quite possibly hundreds of millions or billions of dollars that the USPTO never sees of its own money. So we can all think of how this would help I am sure.

      Problem 2: The Court of Appeals for the Federal Circuit (CAFC) created the requirement for a "motivation" when makinng a rejection on 35 USC 103(a). What does this mean? It simply means that if you had reference A that teaches a set number of elements in an invention and reference B which teaches another set of elements, you would then need a reason for combining the two references and preferably one from one of the two references. This requirement was not part of the SCOTUS ruling in Graham v. Deere which established the guidlines for making an obvious-type rejection, and it ignores the one of ordinary skill in the art (in my, and many other people's, opinion) as discussed in the SCOTUS ruling.

      Here are a few reminders to people arguing that something is obvious:
      1) Was it obvious when the application was filed and not just today?
      2) Things, more often then not, always seem obvious in hindsight.
      3) If it is obvious, where is the prior art teaching the references and what does it teach.
      4) Remember the invention is in the claims, and the claims are actually narrower then many of you give them credit for.
      5) Most patents never make anyone money, they are solely meant for protection of products, and nowadays protection from "trolls."

      Is the system broken? Yes. Does the law need to be re-written? Not so much, only in the sense that it would bring a few things in line with the rest of the world.

      --
      "Some days you just can't get rid of a bomb."
  6. No special treatment for government by Anonymous Coward · · Score: 5, Insightful

    Let them suffer from their own patent laws.

    It's the only way that things would get changed for the people.

    In fact, I don't see why government should enjoy any special rights. Special rights distances them from the people they govern. Because they don't experience any real-life issues, they get out of touch and they don't realise when legislation and so on will actively affect the people they represent. It is best for standard government practices (not national security, etc) to have the same restrictions in law as the common citizen.

  7. maybe this is a really good thing by tehwebguy · · Score: 5, Interesting

    sometimes it seems no one gives a crap about patent reform but us nerds, but now that some patent cases are hurting the government, maybe they will begin to listen?

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    -- lol pwned
  8. I can see it now... by bashbrotha · · Score: 4, Funny

    Step 1: Invent gadget
    Step 2: Get the US Government addicted to it.
    Step 3: ???
    Step 4: Profit

  9. Don't let them stop it! by argStyopa · · Score: 4, Funny

    Stop Blackberry service? Heaven forfend!

    You mean I won't get any more cryptically abbreviated, nearly-meaningless replies to complex questions? How will I continue working?

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    -Styopa
    1. Re:Don't let them stop it! by Anonymous Coward · · Score: 3, Funny

      How will I continue working?

      Qt scrwng arnd! Gt bk 2 wrk!

      D'Bos

  10. Govt Users Exempt? by nfsilkey · · Score: 3, Interesting

    It was my understanding that the last time I checked into the RIM v NTP dispute, the injunction exempted government Crackberry users from being shutdown. I work as a sysadmin at a large state university and all our campus and departmental PHBs have been warping their thumbs non-stop throughout the legal battle. They and I were under the impression that state and federal employees were not threatened by the suit/injunction/etc.

    Am I wrong? Fill me in ...

    1. Re:Govt Users Exempt? by technos · · Score: 4, Insightful

      The problem is RIM and the carriers have no real easy way to just keep government users on. In lots of cases, the only thing that says "this device is the property of the US Government" is the billing address. Sometimes even that isn't tell-tale, there are lots of smaller exempt agencies where the Blackberry bill is sent to the user and lots of cases where there are separate billing and mail-the-bill to addresses. Your billing address is used by some carriers to establish who you are, and that you are the user of the device calling them for support, so it's typically set to something friendly to the users, like the address of their office.

      I mean, say you have a RIM device billing to Jane Doe, 18023 Aurora Ste E, Lynnwood, and another billing to Dave Martin, 18023 Aurora, Lynnwood, and a third, billing to Steve Ellis, 18023 Aurora Ste E, Seattle.

      Which do you turn off? Which ones belong to WA State? If you can't tell easily, how can the carrier?

      --
      .sig: Now legally binding!
  11. Hippo-crites by Mr.+Underbridge · · Score: 3, Insightful

    And government workers are special...why? In other words, if this screws your company who cares, but if it hurts bureaucracy, now we need to fix this.

  12. Further proof... by dada21 · · Score: 3, Insightful

    ...that government as an entity cares for its existence first and foremost.

    The citizens wants their Blackberries, yet government says the Blackberry is illegal. Yet they need it, so they trump the law.

    Most guns are illegal. Government can use any gun.

    Killing is illegql. Guess who can kill without worry?

    Here's the catch: government is composed of people who want control. People. The worst kind of people.

  13. I've written on this before by feijai · · Score: 3, Interesting

    RIM has gone over the judge's head before, appealing to congress to stop the judgement in the name of "national defense". Looks like they've gotten their wish.

  14. Wirlelss Providders are in the Mix by puto · · Score: 2, Interesting

    As I always say ad nauseam. I work for the largest wirless provider in the US.

    All wirless providers derive a great deal of revenue from Blackberry services. Especially bolt on blackberry data plans.

    I am sure Ma Bell has got her big swinging dick out on the government on this one. You think they are going to let it disruot this chunk of their cash flow?

    And what about all other providers that provide this service?

    Not only the cash flow, but I cannot imagine the day this happens and my desk becomes swamped with escalations with me having to explain to Joe Jr Excutive Online MBA why he is not getting his emails on his shiny device that doubles these days as corporate dick who got the biggest electronic dick competition.

    Jeez, not to mention all the soccer moms who have them. And the psuedo techis.

    My life ain't looking too good if this happens. But then again I doubt it will

    Puto

    --
    The Revolution Will Not Be Televised
  15. For the same reason why by hrieke · · Score: 3, Insightful

    The government bailed out Iriduim (sp?) satellite phone system- it was deemed too useful to let go.
    So let this be a good leason here- make the government rely on your services and you'll never really go out of business.

    --
    III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIIIV IIVIIIIIIVIII...
  16. Re:US Government dependence - MOD Parent DOWN by erbmjw · · Score: 2, Insightful

    How can you claim that 10% of government users having Blackberries constitute essential infrastructure? Are you trying to claim that the Blackberries are their only source of email service?

    If a Canadian company was physically hosting a more significant percentage of US government email capabilities - or if it was really 10% of essential email { which you have not shown - just assumed} then I could understand your argument but to claim that 10% of handheld pushed email is essential infrastructure does not show a through understanding of the issue.

    Using an argument similar to yours; the rest of the world's governments should ban Microsoft Windows, write the own OS's, as well as the majority of their own server & database software.

    Oh and they should also each have their own internet!

    As for your statement about "Of course, it also shows how the Feds mismanage national security, prioritizing fear and $BILLIONS in expenses, without identifying actual risks." Canadain companies that work on/or assist with US national security infratructure products are required to provide easy access and explanations to code, not just the services and programs but actual code.

    If you can show that the US Feds have given over control of essential handheld pushed email services to a foreign company then I will be willing to listen but please don't try arguing that all government email is essential either!

    Think about the essential service allies provide you by being your allies then think about how that truly rates against 10% of {hypothetically by most likely non-essential} handheld email service!

  17. Re:US Government dependence - MOD Parent DOWN by mmkkbb · · Score: 3, Informative

    How can you claim that 10% of government users having Blackberries constitute essential infrastructure? Are you trying to claim that the Blackberries are their only source of email service?

    Re-read the summary. 10% of Blackberry users are in the US government.

    --
    -mkb
  18. Somebody didn't RTFA by TubeSteak · · Score: 2, Insightful
    From TFA
    "NTP already assured that it would continue service for government agencies, but Justice said in its filing that "there does not appear to be a simple manner in which RIM can identify which users of BlackBerr[y]s are part of the federal government."
    Anyways, I'm not sure your characterization is 100% correct. The gov't can appropriate patented technologies for National Security reasons, but I'm not sure that translates into indemifying companies who're using patented technologies without a license.
    --
    [Fuck Beta]
    o0t!
  19. The ruling class by LaughingCoder · · Score: 2, Interesting

    Yet another example of how the rules are different for the ruling class. How many times have we seen this type of thing? Of course none can top the Social Security hypocrisy (federal workers do not have to participate - they have their own retirement plan that, guess what, allows them to invest in the *dangerous* stock market) as we in the unwashed masses are taken for the big ride.

    --
    The more you regulate a company, the worse its products become.
  20. Re:US Government dependence - MOD Parent DOWN by Doc+Ruby · · Score: 2, Informative

    10% of the US government, by one gross measure, is $350BILLION of annual operations. If they lost their email, the government would be crippled.

    And yes, as I've said elsewhere in this thread, other governments' security is at risk through their dependence on foreign technology. The principle is universal, but I'm American, and most essential tech is American, so that's not really my problem. If they want to increase their security, they can apply the same principle. But since so many countries' national security depends on America in so many essential ways, they obviously have a different strategy for reducing their risks.

    Since I've delivered large software products to Canadian federal and provincial governments, as well as American state, federal and military government customers, and have clearly stated the simple principles, I'll continue to operate under my limited, but sufficient understanding of the issue.
    When you present "a thorough understanding of the issue", I'll listen. But when all you're doing is asserting disagreement, and demanding that others suppress my post, all I can do is shrug off your ineffectual attacks.

    --

    --
    make install -not war

  21. Re:What happened to the patent review? by davecb · · Score: 2, Informative
    [Apologies for answering my own question, but I found it on groklaw minutes later]

    Authored by: SpaceLifeForm on Thursday, November 10 2005 @ 03:45 PM EST
    Judge James Spencer presiding over NTP's legal battle with Blackberry maker Research in Motion (RIM) this week said it was "highly unlikely" he would wait for a US Patent and Trademark Office (PTO) verdict on the validity of NTP's intellectual property before making his own judgement on the matter.
    This makes no sense. There is only one patent remaining of the eight that the USPTO has yet to rule invalid.
    Articles at http://www.channelregister.co.uk/2005/11/10/rim_vs _ntp/ and http://www.theregister.co.uk/2005/06/24/uspto_null s_ntp_patents/

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    davecb@spamcop.net
  22. Re:US Government dependence - MOD Parent DOWN by discojohnson · · Score: 2, Insightful

    Oh and they should also each have their own internet! We do, it's called the SIPRNet. A complete network infrastructure that is physically isolated from the rest of the world on which each terminal has a two piece encryption system (box and removable hash key).

  23. I hope the government's argument fails by c++ · · Score: 2, Interesting

    The U.S. government will have no incentive to fix the horribly broken patent regime until it repeatedly experiences the same harm that the rest of us have to endure. I find it unjust that the goverment can sometimes exempt itself from patent action when the rest of us don't have that option.

  24. Re:A crime. Impeachment in order. by shawnce · · Score: 2, Insightful

    Umm... They are playing within the legal system here. They are asking the court that is considering an injunction against blackberry to consider the impact it would have to government operation. Companies and the public sector can do similar filings.

    The main issue is what type of shutdown/shipment stop, if any, should happen for a system that has become critical to many folks knowing that the resolution of the patent dispute will take a decently long time (appeals and all). In my opinion no shutdown should take place but some type of escrow setup that Blackberry has to pay fines into. If in the end the patent holds this money would then go to the patent holder... or something like that.

  25. I had no idea... by bananahead · · Score: 2, Funny

    I had no idea I was so far out of the mainstream and working with an antiquated and inefficient, yet overpriced technology. I have been using my Blackberry for several years, and quite happy with it, until now. I find out that the federal government is using Blackberrys. These are the same guys that designed and launched a space shuttle with 8-bit processors, run Amtrak and the US Mail, and I suspect are responsible for the hidden mess we call the Internal Revenue Service. They have NEVER used current, mainstream, efficient technology in the history of man. Therefor I must draw the conclusion that the Blackberry is 1980's technology that has somehow been kept alive through government contracts 20 years past its useful life. I must also assume it is WAY overpriced, non-compatable with any other known technology and incapable of performing any useful function that might somehow cause productivity gain. I feel sick. I need a Smart Phone...

    --
    A most overlooked advantage to owning a computer is if they foul up there's no law against wacking them around a bit.
  26. I Prefer GoodLink by fdiskne1 · · Score: 2, Interesting

    If someone is in the market for Enterprise wireless email, if you ask me, GoodLink is a better choice. People I know who have used both prefer the way GoodLink looks and works. It appears very similar to Outlook on your handheld and it synchs with your email server. When you delete an email on your handheld, it's gone from your mailbox and vice-versa. The part I like best is that if a handheld is lost or stolen or someone quits or gets fired, I can, with just a couple of mouse clicks (confirmation), do a hard reset on any handheld set to access our email system. No, I don't work for Good and I don't get anything for saying this. I'm just happy with their setup.

    --
    But why is the rum gone?
  27. Re:This *IS* the government however... by ScrewMaster · · Score: 2, Insightful

    And also not what the Founders intended, given that the people that served in Congress were performing a public service and would then get out and have to live with the laws they had passed while in power. That simple feedback mechanism was meant to help dissuade lawmakers from creating bad law. The problem is the modern class of professional politicians who don't have to suffer the consequences of their actions, except in the indirect case where technologies and services that would have been available to all are not, because their stupid lawmaking squelched them.

    Al Gore was once asked about his take on term limits ... without batting an eye he said, "But that would deny people the benefits of professional politicians" or words to that effect. Dubious benefits at best, I'd say.

    Congress limited the President's term of office, largely in order to prevent a popular President from staying in office for a long time, thereby denying any interested Congressperson his or her chance to hold the highest office. Unfortunately, they got it backwards: a good President should be allowed to remain in office. It is the Congresscritters that should be rotated out on a regular basis, since they do most of the damage.

    --
    The higher the technology, the sharper that two-edged sword.
  28. Re:US Government dependence - MOD Parent DOWN by Bad+D.N.A. · · Score: 2, Insightful

    There is a very big difference between

    10% of the US government are blackberry users

    and

    10% of blackberry users are from the US government

    --
    "Truth is much too complicated to allow anything but approximations"
  29. Re:A crime. It is allowed IF... by canuck57 · · Score: 2, Insightful

    The law is the law is the law!

    If the law is the law then how come Microsoft executives are not in jail for anti-trust, bundling, extortion and predatory pricing?

    Here is a hint. The government does not want to prosecute companies unless they are foreign, and that is why 90 days and not indefinite. If it were Microsoft in this lawsuit NTP would still be spinning from how fast this would have got tossed out of court. Why?

    Mail and writen communications have been sent over wireless long before NTP patents were even filed. In fact, NTPs sole reason for existence is to quietly file patents, wait until a productive company is successful then pounce on companies who deliver a product or service. Purely a predatory practice that serves no beneficial purpose for consumers or society. In fact I am surprised RIM has not made this case to the US courts that NTP practices are predatory and hurt the consumer by reducing competition and thus should be tossed out on that basis.

    And NTP, with zero employees can't claim it is developing it's patent to a product. Americans should be appalled at how this is unfolding as it raises consumer costs, will reduce competition and innovation. Americans employed to support the system may well get laid off as a result.

    Business are going to start to ask if they should sell in the US and if so, raise their prices in advance anticipating law suits from scrupulous paracites like NTP.