> -----Original Message-----
> From: Matt Liotta [mailto:[EMAIL PROTECTED]
> Sent: Saturday, September 13, 2003 2:40 PM
> To: CF-Talk
> Subject: Re: No so good news
> 
> > That would then leave them open to counter-suits.  Refusing a
service
> > to
> > one company for the express purpose of hurting that company's
business
> > is illegal.  Especially, as in this case, when there is no
competitor
> > from which the service can be obtained.
> >
> However, this isn't a service; it is a patent license, which can be
> licensed to whomever you wish for whatever deal you can arrange. There
> is no law that says you must license your patent.

It is a service in the sense that a case can be made that it is
unavailable from anybody else.  You can bring a suit against somebody
for refusing to license for questionable terms.

Especially, as in this case, when the licenser is not in direct
competition with the licensee.

You can see parallels with the recent Java brouhaha between Sun and MS.
The phone and cable companies have already been down this road as have
several other industries.

The broadly applicable position of this patent also would make it easier
to claim "universal need" for the technology thus forcing the company to
license to anyone that could claim a dependency on the technology for
their business.

However all of this is a moot point: Eolas is obviously not interested
in toppling MS but in making so quick cash.  If it comes to it they
won't balk at licensing to anybody with deep enough pockets.

Jim Davis


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