RIM Announces Workaround in NTP Case

Justin Michael writes "RIM announces they have a software solution in the event that the courts rules in favor of NTP. The fix is called their multi-mode edition. Customers are being told that they do not need to take action yet, but would need to install the multi-mode edition on both servers and handhelds." A Reuters article also covers the announcement. From that article: "The company said it will soon begin shipping handsets with the software update in a dormant mode. It will make the update available at www.blackberry.com/workaround at a later, but as yet unspecified, date. RIM said the changes would require software updates, but the new system will deliver the same functions and performance."

Comments

Same functions and performance?

[Ctrl-Z]

RIM said the changes would require software updates, but the new system will deliver the same functions and performance.

If that's the case, why haven't they switched already?

Re:Same functions and performance?

[The Rabid Panda]

Because that's sending the message of "Hey, guys it's cool! We won't infringe your patent anymore!"
It's capitulating. You don't give in and change your product just because some guy says he thinks his patent covers your product. You research it, fight it, and THEN if you lose, you've got to change.
They're just covering their butts IN CASE OF. I think that's wise.

Re:Same functions and performance?

[pingveno]

3. Upgrading is a hassle for their customers.

Damn.

[mrchaotica]

I was really hoping that this patent dispute would destroy the company -- not because I don't like RIM, but because it'll take something that drastic to get the government's head out of it's ass and notice how fucked up our patent situation is.

Sigh -- I guess we'll just continue on riding the status quo to oblivion, then...

Re:Damn.

[iCEBaLM]

Considering that "in BlackBerry-centric Washington, D.C., [...] every congressman, lobbyist and political operative worth his expense account has one in his pocket." I would have to say yes. Reference.

Can't wait

[hoomank]

Until RIM crushes those patent trolls. Without giving them a dime.

Re:Too Late?

[CDLI]

That's not what they're saying, though. They're saying that your car's engine might stop working, but if it does they'll replace it immediately, at no cost to you, with practically no effort on your end, with an engine that is guaranteed to not suffer the same problems. That doesn't seem so bad, especially when the original engine's dying is the fault of a stupid patent system.

Re:Too Late?

[afidel]

No effort? How is updating every Blackberry Enterprise Server and every Blackberry handheld little or no effort? I guess you have never worked in IT because I can tell you having a forced, unplanned upgrade to a major "mission critical" system like the crackberry network is not going to be easy or fun.

Re:Too Late?

[Guspaz]

RIM's other markets were never at risk. RIM isn't even based in the US anyhow. They're based in Waterloo, Canada, IIRC. And we don't seem to have as broken a patent system as the US does.

The "article" seems to indicate that the changes are to the backend only, and absolutely nothing will change for the user. Everything is identical in the GUI and usage. So this should be a kick in the pants for NTP. NTP now has two options:

1) Settle for a paltry amount, far less than what they could have accepted before.
2) Press forward to get an injunction, and have the case die when RIM uses the workaround, without NTP seeing a dime.

All of NTP's patents (All of them now) have now been invalidated (at least preliminarily), and even if NTP succeeds in getting an injunction, those invalid patents won't even apply anymore. NTP doesn't exactly have a strong case anymore, and they have to know it.

Of course, NTP didn't stop when the US government stepped in to warn that an injunction would compromise the nation's security, so I'm pretty sure they fall into the evil-but-stupid category that is too both too evil to abandon the case, and too stupid to realize it is a lost cause.

Re:I hope RIM gets what's coming to them.

[smbarbour]

I think you are missing the point. NTP is trying to claim that they are due money because they hold a piece of paper that says that they were doing it first. The problem is, NTP doesn't do anything but hold pieces of paper.

RIM is saying, "We don't owe you anything. You should never have received those pieces of paper, and we will make sure that the issuer investigates the matter."

The USPTO is invalidating the patents left and right. If (and likely when) the patents are all gone, NTP won't have a leg to stand on. I wonder anyone will sue NTP at that point for extortion due to the "licenses" that other companies purchased.

Re:I hope RIM gets what's coming to them.

[Kadin2048]

Not so. RIM never settled because the claims NTP has against them are bullshit.

I'm actually quite impressed that they didn't roll over and just cut NTP a check to make them go away, as I'm sure a lot of companies (and people) would be wont to do.

RIM has played the game very well. The only criticism I've heard of them at all is that, in the past, they were quite aggressive in using their own patents to keep other people out of the portable-email market, so to a certain extent they're getting bitten in the ass by their own tactics. But at least when they were using their patents, they at least were protecting a market; NTP is just doing the corporate equivalent of a mugging.

However, I have far more respect for them now, given that they've refused to settle and really showed some balls, than I would if they had just let the bunch of shyster lawyers that is NTP (you did know that NTP is just a front set up by an attorney, right?) bleed them for several million bucks.

Given the "marriages of convenience" that we've been seeing recently in the tech sector -- where it seems a whole lot of companies are willing to get in bed with anyone, including the Chinese government and our own (and at the same time, no less), if it makes them a few bucks -- I find it refreshing that RIM didn't just settle.