vB Easy Archive - news: RIM Cites Difficulty in Excluding Some from Shutdown (i.e Government)

Pages: 1

news: RIM Cites Difficulty in Excluding Some from Shutdown (i.e Government)
(Click here to view the original thread with full colors/images)

Posted by: Wireless

RIM Cites Difficulty in Excluding Some from Shutdown
February 2, 2006

By Carmen Nobel
The U.S. Justice Department on Feb. 1 asked a federal judge to refrain from an injunction shutting down BlackBerry e-mail service until government workers can be assured that they will be exempted from a possible shutdown.

"We believe that there are still a number of serious questions to be answered as to how an injunction can be implemented so as to continue BlackBerry service for governmental and other excepted groups," the Justice Department said in a legal brief filed to a federal court in Virginia, where RIM's fate hangs in the balance.

Holding company NTP sued Research in Motion for alleged patent infringement on nine wireless e-mail patents in 2001. U.S. District Judge James Spencer ruled in favor of NTP in 2003, instructing RIM to halt its sales of BlackBerry devices and services in the United States until NTP's patents run out in 2012.

RIM rivals cash in as BlackBerry hearing looms. Click here to read more.

Spencer stayed the ruling, however, pending appeal. Since then, the case has gone through several appeals and failed settlement attempts.

In the meantime, the U.S. Patent and Trademark Office has been re-evaluating several of the disputed patents for months. The USPTO has indicated that it intends to reject all of NTP's claims eventually, in which the case would be null and void.

Industry experts said the process could take several months, though, as NTP has voiced plans to appeal every decision it can. To that end, Spencer has said that he doesn't plan to wait for the Patent Office. He has set a hearing for Feb. 24.

Both RIM and NTP filed briefings to the court on Feb. 1. Aware that BlackBerries are prevalent among Federal employees, NTP repeated its previous contention that the injunction it is seeking should exclude government workers.

Bolstered by the DOJ filing, RIM argued that a shutdown injunction would hurt the public good even if there were exemptions. NTP essentially accused RIM of promoting mass hysteria.

"This injunction shall not apply in any aspect to products or services used by the United States government, or for the United States government with its authorization and consent, or by any state or local government, the twelve regional Federal Reserve Banks, or certified nongovernmental first-responder entities including the Red Cross, ambulance service operators, utility company service crews, volunteer fire departments or other emergency services," reads a Feb. 1 filing from NTP's legal team.

Next Page: Would BlackBerry shutdown hurt the public good?
RIM argues that it's not that simple.

"Although NTP suggests that such users can easily be excluded from an injunction, in reality it would be extraordinarily difficult, if not impossible, for the Court to devise, implement and continue to administer any injunction that would not disrupt or diminish the use of BlackBerry devices by the mass of BlackBerry users that NTP concedes should not be exempt," reads a Feb. 1 court filing from RIM's legal team.

RIM's filing goes on to argue that it would be difficult for wireless carriers to maintain a "white list" of excluded BlackBerry users.

"Needless to say, the formidable logistical difficulties presented by having to identify and verify the continuing status of 'excluded or included' users from among the tens of thousands of governmental agencies, government contractors and subcontractors, and other companies and organizations that would be, or should be, exempt are prohibitive," the filing reads.

The filing goes on to argue that BlackBerries have become critical tools for customers in both the public and private sector, and customers have filed declarations on RIM's behalf.

Click here to get tips on surviving a possible BlackBerry shutdown.

John Halamka, CIO of Harvard Medical School and Caregroup Health System hospital group in Boston, maintains that BlackBerries are integral to his emergency response plans.

Halamka is also chair of the national HITSP (Healthcare Information Technology Standards Panel), appointed by Secretary of Health and Human Services Mike Leavitt.

"I have been planning the hospital's response to an outbreak of avian flu," said Halamka, in a filing to the federal court. "In such an emergency, quarantines affecting significant numbers of people are quite possible, and the ability of medical and management personnel to travel could be significantly curtailed.

"At present, one of the key aspects of our response is BlackBerry communication. Such communication can continue unabated even if transportation is impossible, or even if the hospital should be quarantined.

"Without BlackBerry communications, our emergency planning in this area would be severely hampered. In the event of a pandemic, the health care consequences could be catastrophic."

NTP said that RIM's public interest argument is "unseemly."

"RIM devotes the bulk of its opening presentation to an effort to invoke so-called 'public interest reasons' to oust NTP from its constitutional/statutory right to protect its intellectual property by exclusion," read NTP's Feb. 1 filing.

"This argument, supported by a flood of 'Chicken Little affidavits' from RIM's officers, platform dependent software developers and customers, hardly becomes RIM.

"It is RIM, after all, that placed 3 million of its customers in jeopardy by selling them BlackBerry products after being adjudged a willful infringer," read the NTP filing.

SOURCE: eweek

Posted by: GregGebhardt

You know, if they do shut BB service down the goverment should have theirs turned off too.

I am getting a little complex and would like to remind everyone that the goverment works for us. They have forgotten.

I got a jury summons today and if you are a law enforcement officer or fireman you are exempt. WTF! Why should they be more important than we are? It is not like some one could not replace them for a few days or maybe they just don't want to be put out.

We have a policeman that works our area where my company building is. I was notified that he will not be around for 4 weeks while he takes a scuba course for Homeland Security in Aruba. Yes Aruba! Don't we have enoght water here in Florida where they could do the same thing here.

The time I have had to get invloved with the police, I get the general feeling that I and the public are a pain in their ***!

Rant over but we all better look at what is going on and do something before it is too late!

Posted by: Jack T. Chance

This whole thing just makes me wish some deranged and disgruntled BlackBerry user would walk up to this Judge Spencer and put a bullet through his brain! }=D

I mean, you gotta figure, whatever judge took over the case after that would have to think twice about enforcing the injunction! *evil laugh*

But since that's not likely to happen, all we can do is *hope* RIM's workaround is ready to go if & when the unthinkable should happen.

But if it isn't... We'll all have to come up with a "Plan B". I'll end up having to get an i870 for a phone, and I'll have to go back to using a T-Mobile Sidekick for email and web browsing... and I REALLY don't want to have to go back to a Sidekick! I got rid of mine for a reason. T-Mobile & Danger have no clue how to create and maintain a RELIABLE data network!

Posted by: ReeseJohnson

whoa whoa jack t. i understand we are all a little frazzled with the thought of losing our beloved blackberries (which i personally dont think will happen) but we cant wish murder on a man thats extreme.

Posted by: Soapm

Quote:

Originally Posted by GregGebhardt

I got a jury summons today and if you are a law enforcement officer or fireman you are exempt. WTF! Why should they be more important than we are? It is not like some one could not replace them for a few days or maybe they just don't want to be put out.:

Would you really want a cop or anyone close to cops on your jury? Would you want the guy who arrested you deciding if you're guilty or not?

Quote:

Originally Posted by GregGebhardt

We have a policeman that works our area where my company building is. I was notified that he will not be around for 4 weeks while he takes a scuba course for Homeland Security in Aruba. Yes Aruba! Don't we have enoght water here in Florida where they could do the same thing here.:

The water may be different in Aruba. Not as wet or maybe wetter

Or maybe 2 parts oxygen which eliminates the need of the scuba gear

Quote:

Originally Posted by GregGebhardt

The time I have had to get invloved with the police, I get the general feeling that I and the public are a pain in their ***!:

I've never gotten that feeling, maybe it's just you

Just kidding ya...