off:patent deals ?

[Patton Echols]

On 06/14/2007 02:18 PM, Derek Broughton wrote:
> Mike McMullin wrote:
> <SNIP>
>>   More likely small to medium businesses who cannot afford a long term
>> protracted litigation which MicroSoft could easily wage.  Having won the
>> first suit, they would then have precedence
>>     
>
> precedent.
>
>   
Not really.  A case is only  truly "precedent" if an appellate court has 
rendered an opinion, and even then it's only controlling on cases in the 
same judicial district and with facts that are sufficiently similar.

>> on their side, and other  would fall into line.  
>>     
>
> That's precisely why IBM and others who have a big stake in Linux would have
> to be involved - but there's nothing to be involved in until MS tries a
> suit.
>   

Well, if the big dogs got worried about a precedent being set in a case 
with a "small dog" then B.D. has the option to intervene if they want.

Cheers