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    Barnes and Noble to stand up to Microsoft's bullies

    This is good news for all FOSS and Android supporters.

    http://www.groklaw.net/article.php?s...10427052238659

    From the article :-

    "...Microsoft has asserted patents that extend only to arbitrary, outmoded, or non-essential design features, but uses these patents to demand that every manufacturer of an Android-based mobile device take a license from Microsoft and pay exorbitant licensing fees or face protracted and expensive patent infringement litigation. The asserted patents do not have a lawful scope sufficient to control the AndroidTM Operating System as Microsoft is attempting to do, and Microsoft’s misuse of these patents directly harms both competition for and consumers of all eReaders, smartphones, tablet computers and other mobile electronic devices....

    3. Microsoft did not invent, research, develop, or make available to the public mobile devices employing the AndroidTM Operating System and other open source operating systems, but nevertheless seeks to dominate something it did not invent. On information and belief, Microsoft intends to take and has taken definite steps towards making competing operating systems such as the AndroidTM Operating System unusable and unattractive to both consumers and device manufacturers through exorbitant license fees and absurd licensing restrictions that bear no relation to the scope and subject matter of its own patents....

    9. On information and belief, as part of Microsoft’s recently announced agreement with Nokia to replace Nokia’s Symbian operating system with Microsoft’s own mobile device operating system, Microsoft and Nokia discussed and apparently agreed upon a strategy for coordinated offensive use of their patents. Indeed, in videotaped remarks made two days after the Microsoft-Nokia agreement was announced, Nokia’s CEO Stephen Elop confirmed that Microsoft and Nokia had discussed how their combined intellectual property portfolio is “remarkably strong” and that Microsoft and Nokia intended to use this combined portfolio both defensively and offensively. This type of horizontal agreement between holders of significant patent portfolios is per se illegal under the antitrust laws, threatens competition for mobile device operating systems and is further evidence of Microsoft’s efforts to dominate and control Android and other open source operating systems.
    "

    As PJ said: "If ever you wondered what a meeting with Microsoft would be like to discuss such a matter, Barnes & Noble tells you. It's not a pretty sight. Finally, someone tells us what's been going on behind closed doors. After reading this, my blood is boiling. I'm going right out to buy a Nook, and I don't even need an eReader."

    #2
    Re: Barnes and Noble to stand up to Microsoft's bullies

    A very acute comment:
    This is NOT a re-run of SCO, it's much more dangerous
    Authored by: Anonymous on Thursday, April 28 2011 @ 03:30 AM EDT

    It was difficult to kill off the (completely baseless) SCO lawsuits, but in the end, it was done. People are assuming a similarly favorable result for this Microsoft lawsuit.

    This legal action is much more dangerous.

    SCO was a small company with limited financial resources (less than $100 million) to spend on litigation
    SCO's intended victim - IBM - was a huge company with vast financial resources to spend on litigation (IBM currently has over $10 billion just sitting in its bank account)

    Whereas today we have Microsoft v. Barnes & Noble:

    Microsoft has $billions available for litigation. It "only" has about $5 billion sitting in its bank account but it also has about $30 billion in short-term investments that could be sold quickly
    Barnes & Noble has some cash in the bank, but not enough to pay its current bills. According to its latest quarterly report, its net tangible assets are actually negative. Its latest quarterly report does show a profit for the quarter that included the Christmas period, but it made a loss in each of the 3 quarters before that.

    Barnes & Noble is solvent, and might return to profitability, but it is not a financially strong business. High litigation costs could force it into bankruptcy. Microsoft has picked its victim with more care than SCO did. Microsoft has the money for a long fight; Barnes & Noble simply does not.

    You can check Barnes & Noble's financial reports on Yahoo Finance, or directly at the SEC's EDGAR. The ticker symbol is BKS.
    There is ONE word to describe Microsoft's actions: EXTORTION!
    "A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”
    – John F. Kennedy, February 26, 1962.

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