home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky comp.dcom.fax:2497 comp.dcom.modems:19884
- Path: sparky!uunet!digex.com!digex.digex.com!tdarcos
- From: tdarcos@digex.digex.com (Paul Robinson)
- Newsgroups: comp.dcom.fax,comp.dcom.modems
- Subject: Re: Toby Nixon to work at Microsoft
- Date: 23 Jan 1993 11:27:11 GMT
- Organization: Tansin A. Darcos & Company, Silver Spring, MD USA
- Lines: 42
- Message-ID: <1jra2fINNoi8@mirror.digex.com>
- References: <C0Kx1G.4ut@csulb.edu>
- NNTP-Posting-Host: access.digex.com
- X-Newsreader: Tin 1.1 PL3
-
- sichermn@csulb.edu (Jeff Sicherman) writes:
- : In article <6614.2b481de4@hayes.com> tnixon@hayes.com writes:
- : >I have accepted a position as a Program Manager in the Digital
- : >Communications section of the Advanced Technology and Business
- : >Development group with Microsoft Corporation in Redmond, Washington.
- :
- : Poor guy seems to have an affinity for litigation-oriented companies.
- :
-
- That is somewhat unkind, because it cuts both ways.
-
- Just because a company is being sued doesn't necessarily mean it is doing
- anything wrong, it can simply mean some people don't like it. Also, there
- are some industries where being in court is part of the cost of doing
- business (I belive the mining industry a hundred years ago routinely were
- being sued or suing over mining claims and rights).
-
- And because a company is suing people doesn't necessarily mean it's got
- problems, it can simply mean it is aggressive in protecting what it thinks
- is its own.
-
- For example, in the trademark field, it's been said that you don't even
- *think* about using any variation or anything close to the word "TORO" for
- *anything* unless you are willing to go through a challenge at the PTO and
- a lawsuit in court even if you win. The lawnmower company of the same
- name is *extremely* aggressive in protecting that particular mark; if your
- mark is close to that, they will file a protest with the PTO and if they
- lose they'll sue. A lot of cases they won on, some they lost, but the
- point is that their strategy works: only those who want a close name very
- bad enough to go through the PTO appeals board *and* a possible trial are
- willing to go anywhere near anything close to that word.
-
- Also, the software industry has few strong cases to say what is or isn't
- permitted; this area is gray. If Microsoft takes a stand that is
- different from what another company thinks the law is, then it is likely
- that someone is going to either sue or threaten to sue. How far can you
- push "look and feel"? Should software be patentable? If so, how do you
- tell what is new from what isn't? How do you distinguish between
- patentable concepts implemented in machines and patentable concepts
- implemented in computer programs?
-
- Paul Robinson
-