RSSGovernment Steps In on RIM-NTP Case
By Ed Oswald | Published November 11, 2005, 2:35 PM
One of the largest clients of RIM's BlackBerry service has stepped in and asked that a court ensure the network keeps running for its employees: the U.S. Government. The Wall Street Journal reported Friday that lawyers had filed a "statement of interest" on the government's behalf in a U.S. District Court in Virginia.
NTP, the firm that owns the disputed patents in the RIM case, states that any halt to BlackBerry service would only apply to non-government users. However, lawyers for the U.S. Government want more than just a promise to ensure e-mails continue to flow.
"It is imperative that some mechanism be incorporated that permits continuity of the federal government's use of BlackBerry devices," the filing states.
Government officials say that neither NTP or RIM have shown how the system would be able to detect a government user as opposed to others, and noted there appears to be "significant issues with the manner in which any injunction is phrased and implemented."
The heightened sense of urgency among government lawyers was likely sparked by comments from U.S. District Judge James Spencer on Wednesday. "I've spent enough of my life and time on NTP and RIM," he said, indicating a judgment would come quickly in whether an injunction against BlackBerry was to be enforced.
The government has proposed a "white list" be created in order to tell the system which devices and customers are permitted to use the network. However, such a list could take awhile to create, and lawyers are asking for a stay in any judgment that would shut down the system for at least another three months.
In addition, the government said it wanted more time to decide whether a shut down of the BlackBerry network is not in the public interest, citing the thousands of commercial users who also use the network.
The U.S. Patent and Trademark Office has already sided with RIM, preliminarily rejecting all of NTP's patents relating to the BlackBerry. A final ruling is expected in the coming months, but could take longer. NTP has also promised to appeal any decision not in its best interest.
I cannot speculate on the validity of the governments claim as to the impact, and neither do I have any real detailed understanding of this spceific case. But your "communist" statement is absurd.
If the government can prove that shutting down the system will impede its ability to function on behalf of the people then there is overwhelming legal precedent for it to be granted a stay. This is nothing new and your rather impetuous interpretation is a bit naive at best.
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|I'm glad that without any details you can call my comments absurd.
What part of the government making one rule for themselves and another for everybody else does not feel like a page out of the once powerful Soviet Union?
So you are saying the end justifies the means?
If governments don't follow their own rules, then what is the point in having a government.
I think the politicians are the ones that impede the governments ability to act on behalf of the people.
I am not saying that the government should not interfere and make the network available, but if they are going to do it, they should do it for everybody, not just themselves.
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|So, you want to pay a tax increase so they can do that?
>>>warning, warning...it's a trap!!!
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|How unfair is this.
The government doesn't care about the cost to other users, only to itself. Pretty fair.
What a load of crap. Did anybody read Animal Farm? All animals are equal, but some are more equal than others?
This is case and point exactly!!! Welcome to communist America. Where the government gets special privileges over the courts.
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|If it were true communism, that would not be the case.
You're in Fascist America I'm sorry to say.
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