$1.5B Fine Overturned For Microsoft
ddrichardson writes "Following up on an earlier story, Microsoft's $1.5bn fine in the case with Alcatel-Lucent has been overturned. Microsoft are claiming a "victory for consumers". From the article: 'A US court has overturned a decision ordering Microsoft to pay phone firm Alcatel-Lucent $1.52bn (£777m) for infringing music patents. The federal judge in San Diego reversed a jury's decision which had ruled that Microsoft's Media Player software infringed on two Alcatel patents.'"
In lieu of patent reform, in general I am for the defendant in any patent trolling case, which this appears to be. Even though my Linux loving heart hates to see M$ win anything. But given that Fraunhofer wasn't sued, this looks alot more like trying to shoot the biggest fish in the barrel with a pellet gun and expecting the fish and everyone involved to roll over and play dead, AKA pay up. So if M$ won this time, good for them.
Prolly good for us as well.
...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
Microsoft made good faith effort to license the technology in question from Fraunhofer for $16 million. But Alcatel-Lucent claimed that Microsoft licensed it from the wrong party. Even if that were the case, then Microsoft should only have been ordered to pay ~$16 million to Alcatel-Lucent, not 1.5 billion. That's why I felt the jury decision was BS. Why apply punitive damages to Microsoft when they made good faith effort to comply with the patent?
-- "I never gave these stories much credence." - HAL 9000