[ale] Phillips CD patent

tfreeman at intel.digichem.net tfreeman at intel.digichem.net
Sun Dec 15 11:08:04 EST 2002


On Sat, 14 Dec 2002, Geoffrey wrote:

> tfreeman at intel.digichem.net wrote:
> > IANAL either, and a copy of the letter from Phillips might make much 
> > confusion go away, but I understood the issue to be the use of blank media 
> > from manufacturers who are not paying for the use of the technology. As 
> > such, perhaps, and IANAL, the legal theory may fall more on the side of 
> > knowingly receiving stolen goods 
> 
> Unlikely I would think.  How is it that you would know that the 
> manufacture did not pay the royalty fees?  You don't.  If I steal a 

Well, with a letter you now do. Looking at the posted letter, the lawyers 
are putting people on notice that there is a risk involved with 
associating with certain, named, corporations. Given the speed of legal 
processes, Phillips is certainly using scare tactics. The tactic may well 
have just enough validity to be both painful and expensive for somebody on 
the receiving end, even if ultimately specific cases would be never 
brought to trial.

> electronic piece of equipment and you buy it from me at a yard sale, you 
> are not aware of the crime, therefore it's unlikely that you would be 
> even charged.  IANALANWTB...
> 

I'm translating that as "I ain't a lawyer and never want to be", a 
sentiment I agree with fully. Unfortunately, lawyers sit in judgement of 
business operations (actually all professions), so a business needs to 
make decisions which not only make business sense, but have solid defenses 
against legal predations. Phillips has made a legal position known. 
Ignoring that position potientially could be expensive, regardless of 
outcome, and should be addressed.

IANAL, don't actually understand their supposed logic, but have seen their 
ability to absorb thirty-seven times their own weight in other people's 
resources far too often. (FWIW, I've got two relatives who lost businesses 
due to their inablitlity to defend against legal predation.)


-- 
=============================================
If you think Education is expensive
Try Ignorance
                   Author Unknown
============================================

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