Favorite Files

No favorite files added yet

Recent Posts

1. Comment - Microsoft Scrambling to Explain Ballmer Comment on Red Hat Linux

   (Oct 13, 2007 - 12:20 AM)

   USE DEFAMATION LAW TO CALL MS'S PATENT BLUFF
   
   The claim that Linux infringes MS patents is presumably defamatory. In the UK and many other jurisdictions, the onus of proof in a defamation action is on the defendant (i.e. the defamer). If a party accused of violating MS patents sues MS for defamation in one of those jurisdiction, MS will have to prove the allegation. That will obviously involve specifying the patents. If MS won't specify, it will not only lose the case, but also probably be liable for exemplary/punitive damages because the refusal to specify will show that the allegation was an attempt to stifle competition. Perhaps MS has already defamed so many people in so many jurisdictions that it can be bled dry.
   
   I am not a lawyer, etc.