Much of what you say is true, however, I have to take issue with two points.

1.  You are correct that if it goes on long enough, the courts will
eventually decide on the merits.  However, this type of law suit is rarely
intended to go to conclusion by the plaintiff.  It is designed to
intimidate.  The defendant must defend themselves legally which is expensive
even if they are totally innocent.  Many out matched companies will just
fold their tent and back down rather than stay the course in court.  This is
how they stay in business, but they have to give up the point, and then
spend money to redo the method or technology which got them in hot water.
And this with no legal ruling on the merits.  Just as with Serotek, it's
bullying plain and simple.

2.  You said that, if asked by the company lawyers, we should refrain to
comment.  I have a big problem with that thinking.  Sure, the principles, FS
and GW have to refrain, however, we as free citizens have every right to say
what we think or believe.  WE have the right as consumers to either support
GW Micro, or bitch to Freedom Scientific.  WE have the right to boycott,
write letters to the editor or what ever we want, and nothing, as the bill
of rights says, should be done to abridge this basic right.  WE may choose
as individuals to be silent for fear, or because we really don't know, or we
may be very vocal, even if we are mistaken.  WE may help, we may hurt, there
are far more examples of free citizens moving things in a positive direction
through being outspoken then there are of silence leading to a desirable
outcome.  As you say, what these two private companies do effects a great
number of us, and we do have a right to weigh in.

Bill
 

-----Original Message-----
From: Visually Impaired Computer Users' Group List
[mailto:[log in to unmask]] On Behalf Of Ray Campbell
Sent: Friday, July 25, 2008 8:27 AM
To: [log in to unmask]
Subject: [VICUG-L] One AT Professional's Opinion RE: FS Vs. GW Micro

Hello All:

While I am not a lawyer and certainly don't know much about patent law, I
want to throw out a few comments on the Freedom Scientific Vs. GW Micro
lawsuit from an Adaptive Technology Professional's point of view.

The charge of patent infrungement is a very serious one.  Companies obtain
patents to protect things they have invented, intellectual property and a
host of other things.  When a patent is infringed, all of the work which the
patent holder put into their product is, in effect, being stolen and used by
the entity infringing on a patent to make a profit.

We do not know how the courts are going to rule in this case, and, this case
may take years to make its way through the Federal system.  The Federal
courts are not exactly known for moving things along quickly.
What we do know is, there will be depositions and discovery and Freedom
Scientific will be forced to prove beyond a reasonable doubt that GW Micro
has infringed on its patent.  This is a high burden of proof.

Having said all of this, I personally find the actions taken by Freedom
Scientific disgusting.  These actions make Freedom Scientific appear as
though they believe GW Micro is a huge threat to their business, and they
make Freedom look as though they want to stifle free and fair competition.
If GW has engaged in patent infringement, which I do not believe they have
based on what I know so far, they need to be stopped from doing so.  There
are many features which are alike in both screen reading products.  FS and
its legal team would say these are not patented.  Suing over placemarkers
comes across as silly in my opinion.

The only ones who will be hurt by all of this are those of us who are blind,
and the consumers we serve.  Say FS wins, and GW Micro is forced out of
business.  That would leave us who are blind one less choice in Adaptive
Technology.  The same would be the case if FS were to go out of business.

We need to foster an environment where consumers who are blind have many
choices in the adaptive solutions they use.  This reduces prices and forces
companies to innovate and make new, better features available.
FS and their legal team believe GW Micro is bringing forward new features in
a way that violates their patent.  Let the courts decide on that.

One last thing.  All of us on the various lists need to be careful what we
say about this publicly.  GW Micro's e-mail list moderators should probably
barr any discussions of this matter on their e-mail lists.
This battle will be fought in the courts and nothing we as customers of
either Freedom Scientific or GW Micro will change the outcome of that
process.  Yes, we all have our opinions and at this point, can share them.
But, if and when the lawyers tell both companies to stop public discussion
of this legal matter, we all need to respect that.



Ray Campbell, Help Desk Technician
Adaptive Technology Center
Chicago Lighthouse for People Who Are Blind or Visually Impaired 1850 W.
Roosevelt Road Chicago, IL  60608
312-997-3651 (Voice/Relay) or
888-825-0080 (voice/Relay)
[log in to unmask]
AIM Screen Name: tclhelp


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