CompuServe Thread

#Conjunction Injuction?

69 messages in this thread
#140059From: Mark D. ManesApr 21, 1994 4:15 PM
What is your function? (my world for longer subject headers) I have been sitting on a rumor for a while now, but now I have seen it in print from Creative Equipment so I guess I should share it. It seems that Commodore Business Machines (US Division) has an injunction against them. This injunction prevents Commodore from shipping Amiga computers (any model) to any distributor in the United States. The only thing that I have heard about the subject of the injunction is that someone or company claims to have rights to part of the GUI the Amiga is using. I have no details as to who, or what company, or the real reason as to why this took place and why it takes place now in this critical time. This injunction does not prohibit sales of existing inventories of Amiga computers from distributors to dealers or end-users. It only prevents Commodore from shipping new machines to distributors. Source: Creative Equipment Dealer Newsletter — Remember, you heard it here first. 🙂 I am working on two upcoming conferences. One will be with DKB and the other is yet to be announced. These COs are on tempoary hold while I pack up my entire world and move to Northern Virginia to join the SCALA team. I am really looking forward to this move (except the box moving part) and will back online as soon as possible. I will leave Sunday. -mark= Otto Pilot Engaged..
#140074From: J Saperstein/FontBankApr 21, 1994 6:24 PM
"This injunction prevents Commodore from shipping Amiga computers (any model) to any distributor in the United States. The only thing that I have heard about the subject of the injunction is that someone or company claims to have rights to part of the GUI the Amiga is using." Mark: That kind of development would definitely require Commodore to issue a news release. Have you checked any of the news wires for confirmation? Jerry
#140160From: Mark D. ManesApr 22, 1994 7:26 AM
Jerry, So far I have not been able to find this written in an official source, however, it comes from both of our major distributors. One of them being Creative Equipment the biggest Amiga distributor (and person in the know) in the Amiga marketplace. I agree with you though, it should be confirmable. -mark= Otto Pilot Engaged..
#140196From: J Saperstein/FontBankApr 22, 1994 1:20 PM
"I agree with you though, it should be confirmable." If it's an action in open court, yep. One scenario that suggested itself to me, though, is a misinterpretation of something common in corporate workouts. Someone may have gotten a form of lien against the inventory or the inventory itself is passing through a third-party as part of a workout agreement. Such things can be structured to avoid a public announcement because they are neutral in their effect on the corporation. The lack of public news from Commodore these past several weeks is surprising – and not at all encouraging. One would think that a corporation in such serious financial would be able to report something positive of "significant" financial impact, no matter how small, in this period of time. By the same token, the absence of any negative news from Commodore is also encouraging. Jerry
#140267From: Mark D. ManesApr 22, 1994 10:05 PM
Jerry, The injuction as far as I understand is against Commodore US (Commodore Business Machines) and not against Commodore International. Commodore Canada has plenty of Amigas. Makes me wonder if Commodore International could ship machines directly to the distributor and get around the injuction this way. I think that Denny has it right on the 'cursor' patent thing. That is probably what it is as it lines up with a rumor I heard similiar. Hey, didn't you know that the following was true: Rumor + Rumor = Truth? (grin) Anyway, I too am surprised that there hasn't been any news on Commodore this week–I expected some. -mark= Otto Pilot Engaged..
#140290From: J Saperstein/FontBankApr 23, 1994 12:01 AM
I dunno, Mark. If Commodore Business Machines is a wholly owned subsidiary of Commodore International and some kind of suit could have a significant impact, I think they'd have to report it. Likewise, if whoever owns this patent sued, I would think they would publicize the case as well. Stuff just doesn't hang right on this one. Jerry
#140471From: Wayne ColeApr 24, 1994 2:27 AM
It looks like the front of this thread got cut off. But if it is what it sound like, I was told by a lawyer of a company whose sole income was suing people for a blinking block cursor on a patent they held. Their object was to never go to court, but set the "settlement" at a low enough threshold to be paid to effectivly go away. They never picked on big guys who would fight back. I can't imagine them picking on CBM, cause the pockets, far from being deep, are empty. It wouldn't be worth the effort. wmc – via Autopilot!
#140503From: Don Curtis/SYSOPApr 24, 1994 12:09 PM
Wayne, If my memory is correct (and it may not be)…it's Texas Instruments that holds the patent on the XOR cursor. Certainly not a small company who's only income is the patenet. Don
#140506From: Soft-Logik Tech SupportApr 24, 1994 12:38 PM
Somebody posted on GEnie that TeleVideo holds the XOR patent. What a patently absurd idea. 😉 ML
#140529From: Paul IdolApr 24, 1994 2:58 PM
Rim Shot! Paul
#140551From: Andrew CarolApr 24, 1994 4:40 PM
> Their object was to never go to court, but set the "settlement" > at a low enough threshold to be paid to effectivly go away. > They never picked on big guys who would fight back. I can't > imagine them picking on CBM, cause the > pockets, far from being deep, are empty. It wouldn't be worth > the effort. If you don't protect your trademarks, copyrights, or patents, you lose them! They _do_ have to pick on everyone. They just pick a price low enough to not be worth fighting. If they let C= "get away" with not paying, then IBM could claim that they had abandoned the patent, and would refuse to pay. They probably know they will not get any money from C=, it's enough that they go though the motions to keep everything on the up & up. If C= finds a "clever" way to get machines into the US via Canada then they _must_ sue to stop the imports. Imports are covered by patent law, just like domestic sales. They can ask the US to enforce their patent at the border. —— Andrew
#140645From: J Saperstein/FontBankApr 24, 1994 10:43 PM
"If they let C= "get away" with not paying, then IBM could claim that they had abandoned the patent, and would refuse to pay." Not true, Andrew. Assuming this story is true, the patentholder could easily decide not to collect delinquent royalties without endangering their patent rights in any way, shape or manner. All they would have to do is write it off as uncollectible. That's a business decision has nothing to do with their basic patent rights. Any reasonably well drawn license agreement would terminate automatically for non-payment. Only if a licensee continued to use the licensed, but unpaid for technology, would the licensor have to sue and even then it would be for breach of contract, not to protect the rights under patent. The burden of proof to prove abandonment of a trademark, copyright or patent is very substantial. In one trademark case I read, the trademark hadn't been used in 15 years, but the registration was still valid and its owner collected a multi-million dollar judgement against an infringer. Patents afford far greater protection than trademark registrations. Just failing to sue someone for money owed under a license is not going to invalidate or sustain a charge of abandonment of a patent. I'm not even sure a patent can be abandoned, since as far as I know there is no requirement that a patented item even be sold in commerce. Jerry
#140642From: J Saperstein/FontBankApr 24, 1994 10:37 PM
" Their object was to never go to court, but set the "settlement" at a low enough threshold to be paid to effectivly go away. They never picked on big guys who would fight back." Sounds reasonable to me. There are a few of these fast-buck artists around with arguable patents who demand to be paid off. Litigation of this kind is incredibly expensive so I agree that paying a penny or something is cheaper. Jerry
#140316From: Gary Vander MeiApr 23, 1994 2:07 AM
Mark, >>Hey, didn't you know that the following was true:<< >>Rumor + Rumor = Truth? (grin)<< Yeah and two wrongs don't make a right but two wrights made an airplane.;) // Gary Vander Mei on Auto-Pilot \X/
#140322From: Paul IdolApr 23, 1994 2:45 AM
Oh god, that one really shouldn't have seen the light of day! <g> Paul
#140347From: Mark D. ManesApr 23, 1994 8:33 AM
Wright! -mark= Otto Pilot Engaged..
#140376From: Chris LesterApr 23, 1994 12:37 PM
Maybe they're out of paper? <g,r,&d) Chris – Fast and Low on my '020! …Is it significant that my spell checker doesn't know "Intel"?
#140077From: Paul IdolApr 21, 1994 6:48 PM
That is terrible, if true! On more cheerful fronts, congrats on your new job at Scala! I hope things go well – I'm sure =they're= happy to have you! (What is this, all exclamation points day?) Paul
#140161From: Mark D. ManesApr 22, 1994 7:26 AM
Thanks Paul, SCALA is a neat company.. I have enjoyed working with both John Chang and Mike Weaver for some time. I found SCALA to be both supportive in sales as well as technical support. -mark= Otto Pilot Engaged..
#140504From: John DraperApr 24, 1994 12:17 PM
Hey! Congrats on the Scala thing! -larry
#140098From: Robert ComerApr 21, 1994 8:33 PM
That would somewhat explain the stock situation too. I'm really getting tired of the way everybody sues everyone else these days! I wonder who else wants to kill the Amiga. Cangrats on joing the SCALA team! Bob Comer — Cruising the nets on Autopilot! Cheyenne, Wyoming U.S.A.
#140162From: Mark D. ManesApr 22, 1994 7:26 AM
Thanks Bob! -mark= Otto Pilot Engaged..
#140100From: Carl HansenApr 21, 1994 8:37 PM
Mark… Moving to N. VA!! A big welcome from someone living in Springfield. It will be b good to have you as a neighbor. Speaking as one who just recently (two years ago) moved here I find it a very nice place to live. If you need a recommendation for a realtor or anything else don't hesitate to ask. ..Carl
#140163From: Mark D. ManesApr 22, 1994 7:26 AM
I may well need to take you up on that offer! 🙂 I used to live in Northern Virginia when I was kid… I liked it fine. I really like some of the wonderful places up there — like Prince William Forrest Park, etc. -mark= Otto Pilot Engaged..
#140777From: Carl HansenApr 25, 1994 7:52 PM
Mark… Please do. Of course you know we have a fairly active users group here also (NCAUG). It meets once a month (second Saturday) at Virginia Power Headquarters here in Springfield. ..Carl
#140101From: Harry CallesisApr 21, 1994 8:43 PM
>" … someone or company claims to have rights to part of the GUI the Amiga is using." Gee, and it only took them 9 years to figure it out. Guess that means the Amiga was actually becoming popular, huh? 8^) Harry
#140103From: Robert LittleApr 21, 1994 8:44 PM
Mark, The Injunction sure is a bummer, if it holds true. I guess you wouldn't be putting it out if you didn't think so. Bummer. Congrats on the SCALA thing!!!! (except the boxes part, of course) Robb
#140164From: Mark D. ManesApr 22, 1994 7:26 AM
Thank ye Robb. It does appear that it is true, or I doubt that Creative Equipment (the distributor not the mail order company Creative Computers) would put the information out. I heard this rumor several weeks ago and thought it to far fetched to be true. I wonder if there is someplace on CIS that we can use to find out as I would think an injunction would be a matter of public record. -mark= Otto Pilot Engaged..
#140197From: J Saperstein/FontBankApr 22, 1994 1:22 PM
"I wonder if there is someplace on CIS that we can use to find out as I would think an injunction would be a matter of public record." I don't know about any of the financial news services, but I checked NewsGrid last night and the only references to Commodore Business was that two former executives have landed pretty nice jobs elsewhere. Jerry
#140231From: Bill ReevesApr 22, 1994 4:31 PM
Jerry, I would suspect that this sort of action might be undertaken in federal court. If so it could be in any federal district in the country. A search would have to be made in every district for the case. This could be an expensive and time consuming project. If it was undertaken in a state court the problem could be even greater but it would probably be in the state that Commodore is registered.. i.e., Pennsylvania, I would assume. If anyone is in the West Chester area and wants to explore the records in Chester County they just might find something. I sure hope that the truth comes out soon. I am rather leary at the moment of spending any more significant amounts in my Amiga systems. Bill
#140240From: J Saperstein/FontBankApr 22, 1994 7:28 PM
All true, Bill. But if it were of significant financial impact – and a decision, even a filing of this nature – would definitely be significant and Commodore would be obliged to release information on it to the financial community and the press. I've seen absolutely nothing on NewsGrid or anywhere else. Even if it were the normal mechanics of being broke (i.e., a creditor with a valid lien siezes all their inventory), the numbers would probably still be significant enough to warrant some kind of press release from Commodore. Commodore's silence on everything bothers me. Normally a company in that kind of situation will send out a press release just to say they're alive or talking with some party or other. Commodore remains absolutely silent. No news is not necessarily good news. Jerry
#140344From: Bill ReevesApr 23, 1994 7:58 AM
Jerry, Agreed on both points. Perhaps part of the "charm" of owning an Amiga is the mystery of it all. This sort of thing has gone on for so long… Bill
#140419From: J Saperstein/FontBankApr 23, 1994 6:02 PM
"Perhaps part of the "charm" of owning an Amiga is the mystery of it all." Hmmmmmm … now that's certainly one way of looking at it. <G> Jerry
#140345From: Zeddock MillerApr 23, 1994 8:06 AM
What is this Newsgrid? I have been checking stocks on C= for the past few weeks and have not gotten much news. When looking at the quote last week or so it suggested that I check more news in ENS (at an extra charge) I did to find absolutely nothing of worth. Can you tell me how to use NewsGrid? Zeddock
#140367From: Marlene Zenker/SYSOPApr 23, 1994 11:55 AM
Just type GO NEWSGRID at any forum prompt.
#140396From: Steve AhlstromApr 23, 1994 2:04 PM
GO NEWSGRID … easy -sja
#140105From: Charles HillApr 21, 1994 9:16 PM
Mark, I also heard the same thing…except that the injunction is from a lawsuit filed by Prudential and has nothing to do with the GUI. CBM owes them many millions (in default since last June) and they are taking steps. Three of four major distributors are out of all Amigas & monitors — Micropace had 3 A4000s left today, CEI had 10 and Microsphere was in single digits. All told me that they didn't expect any soon. I didn't talk to Merisel. It seems that CBM US unloaded all their stores at the end of March when the injunection took place. Many of the items were sold to Canadian distributors and delae dealers to raise cash. Canada has plenty of units. On a lighter note: Computer Reseller news reported that Sage Technologies, Inc.has just completed the acquisition of CBM, Inc. and expects first quarter sales to be $110 – $115 million and decond quarter to be $200 million. -Chas
#140146From: Karl F. KugelApr 22, 1994 12:54 AM
>I also heard the same thing…except that the injunction is from a >lawsuit filed by Prudential and has nothing to do with the GUI. CBM owes >them many millions (in default since last June) and they are taking >steps. Wow, what a smart move. Someone owes you money, and you shut down their business. That makes just as much sense as debtor's prison. 🙁 -Karl Speaking from the Rubble.
#140260From: Charles HillApr 22, 1994 9:34 PM
I makes plenty of sense if they owe you money for over a year and don't pay. Collect the collatoral. -Chas
#140415From: Karl F. KugelApr 23, 1994 5:42 PM
It only makes sense against a company that HAS collateral. CBM's only collateral is the ongoing business, and the technology. I expect there is very little hard assets in the US. -Karl Speaking from the Rubble.
#140185From: Steve AhlstromApr 22, 1994 11:36 AM
Charles, CBM, Inc. is not related to Commodore. -sja
#140286From: Arnie CachelinApr 22, 1994 11:55 PM
The injunction I heard about was from a company called Cadtrax(sp??) which has a patent on the way the mouse position is tracked. Apparently virtually every mouse-using computer has licensed this, and CBM has been dutifully paying for the rights to this, as long as they could. Now Cadtrax is just another creditor waiting for $$$, but by virtue of the patent, they apparently have better leverage than others. Of course stopping the machine sales in the US hardly seems like the best way to recoup the money they are owed.
#140292From: J Saperstein/FontBankApr 23, 1994 12:05 AM
"Now Cadtrax is just another creditor waiting for $$$, but by virtue of the patent, they apparently have better leverage than others." It would have to be one heck of an agreement to give a licensor of a patent a better position than a secured creditor like a bank or insurance company. In all the licensing stuff I've seen, failure to pay would be exactly that: failure to pay, a breach of contract. It would be almost unheard of to for a court to allow injunctive relief for a money matter. Finally, as I mentioned to Mark, it strikes me as really strange that there has been no news release of any kind from Commodore or any one else in regard to this. My own feeling is that it's just an inaccurate rumor. But one never knows, right? Jerry
#140348From: Mark D. ManesApr 23, 1994 8:33 AM
IF it is an inaccurate rumor, you can blame Medhi Ali. He is the one passing it around to the distributors. -mark= Otto Pilot Engaged..
#140421From: J Saperstein/FontBankApr 23, 1994 6:06 PM
"IF it is an inaccurate rumor, you can blame Medhi Ali. He is the one passing it around to the distributors." Is this a real fact, Mark, or just hearsay? Mr. Ali would be in a large, large pot of trouble with shareholders and the SEC if the action had a significant impact on Commodore's financial state and he was telling some people and not others. Of course, if it was some stray action that involved ten machines or something, that wouldn't be the case. Jerry
#140480From: Mark D. ManesApr 24, 1994 5:03 AM
It is a real fact as far as I know. -mark= Otto Pilot Engaged..
#140646From: J Saperstein/FontBankApr 24, 1994 10:44 PM
"It is a real fact as far as I know." I'm not disputing you, Mark, but it sounds pretty weird to me. Jerry
#140457From: Don Curtis/SYSOPApr 23, 1994 11:59 PM
Arnie, IF that were the case…it's a very smart move on their part. First in order to protect their patent rights…they must take action against anyone known to be violating the patent. Failure to pay licensing fees is a violation and the only way to protect is to either pay up…or stop selling the 'offending' equipment. It's also a heck of a lever to get their money…pay up, or go out of business. Cadtrax (if that's who it is) probably doesn't care so much if they get paid or not…when compared to whether they let someone use their "property" for free or not. Losing royalties from one small company is nothing compared to losing all rights to royalties from all companies. Don
#140120From: Denny AtkinApr 21, 1994 10:34 PM
Mark, As I heard it, the injunction is because Commodore hasn't payed up on the "XOR cursor" patent. (Ridiculous patent, sigh.)
#140287From: Arnie CachelinApr 22, 1994 11:55 PM
Yeah, that's the one!
#141065From: John GagerApr 27, 1994 1:33 AM
"As I heard it, the injunction is because Commodore hasn't payed up on the "XOR cursor" patent." Isn't a XOR cursor a "Blinking" cursor? And if so, where does the Amiga use a blinking cursor? I haven't seen it in the Shell, and most programs that I have never use a blinking cursor. So I wonder why CBM would have to pay licensing fee's for the type of cursor they never use? // John (Speeding on the Information Superhighway) \X/ Mercury@ins.infonet.net
#141081From: daniel wolfApr 27, 1994 4:29 AM
injunction may be creditors insisting on liquidation of CBM/USA division.
#141113From: Don Curtis/SYSOPApr 27, 1994 1:59 PM
John, NO, the XOR cursor is the method of drawing the cursor…you XOR the background to turn off pixels that are on, and turn on pixels that are off (reverse video it). It is must useful with a block cursor that sits ontop of other text. Not knowing what the patent states…I can only presume it applys to any cursor type device (which may or may not include a mouse cursor) that is drawn onscreen via an XOR of the screen area. And Commodore certainly uses those. Don
#141182From: John GagerApr 27, 1994 9:21 PM
"NO, the XOR cursor is the method of drawing the cursor…you XOR the background to turn off pixels that are on, and turn on pixels that are off (reverse video it). It is must useful with a block cursor that sits ontop of other text." OK, I get it. Like for a backspace that still shows the character under the cursor. And somebody was actually granted a patent for this? Just goes to show how lame our patent laws are. // John (Speeding on the Information Superhighway) \X/ Mercury@ins.infonet.net
#141187From: Vic WagnerApr 27, 1994 9:33 PM
Don, the 'mouse cursor' is done by a sprite. handled in hardware, doesn't XOR at all.
#141216From: Jim Drew/UUIApr 28, 1994 12:53 AM
The XOR patent is not limited to software. The Amiga's blitter could be argued to contain XOR technology. But then again, you could just claim it ANDs and ORs the data.. hehe
#141230From: Vic WagnerApr 28, 1994 1:44 AM
Jim, I've seen the patent, what it covers shouldn't cover anything the Amiga does.
#141234From: Andrew CarolApr 28, 1994 2:21 AM
> I've seen the patent, what it covers shouldn't cover anything the > Amiga does. People on the Internet claim the text cursor is using an XOR. It also seems C= had been paying for the use of the patent until their recent money troubles. I doubt they would pay if they did not use it at all. —— Andrew
#141755From: Ron LegroApr 30, 1994 9:51 PM
Well, as recent legal history proves, sometimes companies would rather just pay a licensing fee and avoid a court battle, even if they don't think they are using a licensed product.
#141290From: Richard EricksonApr 28, 1994 1:25 PM
I thought I heard the injuction involves the C64. Richard -> AutoPilot on the A1000
#141385From: Andrew CarolApr 29, 1994 12:04 AM
> I've seen the patent, what it covers shouldn't cover anything the > Amiga does. People on the Internet claim the text cursor is using an XOR. It also seems C= had been paying for the use of the patent until their recent money troubles. I doubt they would pay if they did not use it at all. —— Andrew
#141233From: Andrew CarolApr 28, 1994 2:21 AM
> The XOR patent is not limited to software. The Amiga's blitter > could be argued to contain XOR technology. > But then again, you could just claim it ANDs and ORs the data.. hehe I'm not using a "4", I'm using a "2 + 2"! <grin> —– Andrew
#141284From: Don Curtis/SYSOPApr 28, 1994 12:40 PM
Vic, Right…on the Amiga it is a hardware sprite
#141178From: Mark D. ManesApr 27, 1994 9:10 PM
John, The Commodore 64 used an XOR cursor. It is my understanding that is the machine that the injunction names. Still I have yet to see official documentation as to this. -mark= Otto Pilot Engaged..
#140124From: Steve Bennett/SYSOPApr 21, 1994 10:40 PM
Mark, If there were any leagl actkion taken against a public corporation wouldn't the newswires have the information? Something doesn't sound right here… but who knows… >>…and move to Northern Virginia to join the SCALA team.<< Congratulations! You're joining one heck of a team! Good luck with the move… when will you be resituated?
#140166From: Mark D. ManesApr 22, 1994 7:42 AM
I am hoping to be back online in the next 10-15 days or so. It may well be about 30 days. Sigh… I am going to miss all of the fun here. -mark= Otto Pilot Engaged..
#140145From: Richard EricksonApr 22, 1994 12:52 AM
Isn't there any good Commodore news these days? Congratulations on the job at Scala. Have fun moving. 🙂 Richard -> AutoPilot on the A1000
#140167From: Mark D. ManesApr 22, 1994 7:42 AM
Thank ye Richard. -mark= Otto Pilot Engaged..
#140343From: Zeddock MillerApr 23, 1994 7:58 AM
Hey, Mark; Have a good trip and I hope to talk to you soon about SCALA. Zeddock