> -----Original Message----- > From: Matt Liotta [mailto:[EMAIL PROTECTED] > Sent: Saturday, September 13, 2003 3:24 PM > To: CF-Talk > Subject: Re: No so good news > > > 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. > > > There is cases where such a thing can happen, but only very specific > conditions such as large economic damage to society if the patent isn't > available for licensing under reasonable terms. If the patent was > licensed to other browser vendors and those browser were made available > at a reasonable cost to consumers it will be hard to show that there is > an harm to society if a single vendor does not obtain a license. > > > 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. > > > I don't see the parallels myself, could you clarify?
If I remember correctly Sun sued MS for creating a custom version of Java. But MS successfully countered Sun for not allowing MS access to Java licensing. Then MS said "no more Java in Windows" and Sun successfully sued to have it added back: claiming that without MS support (due to MS's monopoly) that Java required access to IE. The same claim can be made by MS (ironically) that due to IE's dominance MS requires access to this license to sustain marketability. While it's a stretch to say that "IE needs plug-ins to survive" it's no further a stretch to say that "Java needs IE to survive" - and that statement was upheld. Jim Davis ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/lists.cfm?link=t:4 Subscription: http://www.houseoffusion.com/lists.cfm?link=s:4 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.4 This list and all House of Fusion resources hosted by CFHosting.com. The place for dependable ColdFusion Hosting. http://www.cfhosting.com
