At stake are not only millions of dollars worth of royalty payments on the sale of BlackBerry handhelds in the U.S. every month, but also issues of how old laws for guarding intellectual property are applied in a new era when technology is increasingly blurring national boundaries and economies.
In what legal experts say is an unusual move, the Canadian Department of Justice filed an amicus curiae brief with a U.S. federal appeals court on Jan. 13, urging it to grant RIM's request for a re-hearing before all 15 judges of the federal appeals circuit.
Full story:
http://www.theglobeandmail.com/servlet/story/RTGAM.20050117.wxrim0118/BNStory/Technology/
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The best argument against democracy is a five minute conversation with the average voter --
Winston Churchill
The 'mom and pop' story is NTP, which isn't actually a company at all but a holding company for a retired Chicago electric engineer who holds several patents-including the ones in question.
When RIM first started business it was suing every company in sight, the first within a month of its getting the patent. This is just what goes around comes around. It isn't surprising that the federal government is backing the company, one of the few success stories we've got of our push to privatize research here in Canada (which ended up with most researchers partnering with american firms).
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The best argument against democracy is a five minute conversation with the average voter --
Winston Churchill
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Canadians are asking, why do americans hate us? They hate our freedoms: our freedom of religion, our freedom of speech, our freedom to disagree with each other.
However, do some research on the tech sector. That burst bubble of, what, almost ten years ago now, almost bankrupted Nortel, a heavily subsidized behemoth. However, that's one company. There are far more people working in IT now than were in the late nineties, the difference is that now nobody is getting those really great salaries, and the government is hiring far less. My sisters both work in IT and describe their jobs as living hell. They work 14 hour days for very little money.
That's all beside the point because as you noticed,the government isn't actually 'doing' anything. Sending a letter begging somebody be nice isn't standing up for anybody.
I can't help but LOL when I hear the wimpy-Liberals say the "The U.S. isn't respecting free-trade." NO sh*t, sherlock. It's really American nationalism.
HEH!
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The best argument against democracy is a five minute conversation with the average voter --
Winston Churchill
It's always been part of international law that countries like the US, Canada, Britan, Germany etc., respect each other patent system so that patents in one country are valid in others. This prevents patents being filed in other countries after the fact, and thereby disrupting that market for the patent holder.
What this court decision means is that the US patent system trumps all others. So something patented in Canada can be re-patented in the US by another company, and royalties paid if that Canadian company wants to sell it's products in the US. If the decision stands, many tech companies outside of the US will suffer.
Canada is poised to become a leader in nanotechnology. Should we just give that up before it gets off the ground?
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"If you must kill a man, it costs you nothing to be polite about it." Winston Churchill
Also, I think my general point of disagreement with other posters here is one of fundamental philosophies. I do not believe it's government's job to provide a healthy economic environment for employers. At this point I believe government's function is taking care of the poor,the environment, and all the things which have been horribly abused by a system set up to provide a 'healthy' investment environment- it's failure to do such is the main reason for my involvement in direct democracy. Of course we could argue that all day, however, unless you have information on this case that isn't generally available I think you are jumping the gun in trying to make it a national incident. It's simply a question of who had the patent rights first (not at issue), and whether RIM's product infringes on it. If you look at the court case the judge was not a stupid or political patsy, however, if you look at patents it's clear the whole system is pretty f***** up. The native blood in me shivers every time the word 'patent' comes up.