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."
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.
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.
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.
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.
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.
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.
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?
-- lol pwned
Step 1: Invent gadget
Step 2: Get the US Government addicted to it.
Step 3: ???
Step 4: Profit
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?
-Styopa
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
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.
...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.
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.
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
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.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIII
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!
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
[Fuck Beta]
o0t!
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.
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
Authored by: SpaceLifeForm on Thursday, November 10 2005 @ 03:45 PM ESTs _ntp/
and http://www.theregister.co.uk/2005/06/24/uspto_null s_ntp_patents/
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_v
davecb@spamcop.net
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).
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.
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.
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.
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?
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.
... 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.
Al Gore was once asked about his take on term limits
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.
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"
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.