Alan Frayer wrote: > Jonathon, > > I found your note interesting, but must take exception to one point: > > jonathon wrote: >> Remember, both individuals, and a SOHO business has >> _nothing_ to lose by going to a jury trial. Microsoft has >> everything to lose, if they get into a jury trial regarding >> its patents. >> > > Microsoft may have much to lose by going to a jury trial against a > SOHO, but that won't prevent the lawsuits, or the threat of the same. > The SOHO has more to lose: its existence. > > See, a common tactic in civil suits is to simply outlast the > opposition. When you have deep pockets and your opponent does not, you > can feel fairly confident that your opponent will run out of money > defending itself before the case ever reaches a jury. The SOHO, which > simply cannot raise the funds to provide an adequate defense, will > either agree to an out-of-court settlement admitting guilt, or will > eventually declare bankruptcy ... and either way, Microsoft wins. > > Granted, it paints Microsoft as the bad guy, going after the SOHO, but > for them it is a winnable situation, versus one where they go after > another major player. Given that, I cannot rule out Microsoft > targeting selected SOHOs, just to make a point. After all, they do > that routinely, already, through their participation in the SPA > anti-piracy raids. >
With all due respect, I think you're underestimating what Microsoft is facing. Right now they have a European Union that is breathing down their necks hard and an administration change in little over a year and a half to face. It may be possible that the next administration is just as conservative and business-friendly as the first one, but I doubt it. And as to the former, they have a EU that is seriously considering ordering them to break up not to mention massive fines. If Microsoft takes a shot at Oma und Opa GmbH, it could be the straw to break the camels back. --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
