[access-uk] Re: Freedom Scientific suit against GW Micro

Ray, if someone has patented bullshit then I'm afraid you may find yourself as the subject of a suit case after this mail.
You're absolutely right that Arthur C Clarke could have made a fortune by suing those who stole his ideas but the fact is that he spent his time writing fiction and not patenting ideas.
It is true that it's not a dignified way of going about your business to sue your competitors and somehow there's a view on this list that we're talking about a pair of charities here. We're not. These are companies who are both making a lot of profit from selling products to a confined market.
There will always be screen reader camps supporting their own particular product's vendor and some strange kind of misplaced loyalty. I'd suggest you should put this aside and look at the facts. Freedom Scientific were the company that introduced place markers and scripting. If they have patented the place marker idea and any other company infringes that patent, they have every right to feel agrieved and sue. Copyright and patent laws are there to protect the companies that put in funding to research and develop ideas and technologies and prevent them being ripped off by other companies that come along and take those ideas at a fraction of the price.
I think GW Micro can think themselves lucky that FS didn't patent other ideas such as the keyboard training functionality that Window-eyes brought in with version 6 that JAWS had in version 3.2 back in 1999 or earlier and I'm sure there are a few other examples. 

Regards.

Kevin
E-mail: kevin.lloyd3@xxxxxxx
----- Original Message ----- From: "Rays Home" <rays-home@xxxxxxxxxxxxxxxxxx> 
To: <access-uk@xxxxxxxxxxxxx>
Sent: Saturday, August 09, 2008 4:32 PM
Subject: [access-uk] Re: Freedom Scientific suit against GW Micro



Yes, OK colin the place markers scam and legal try on!
I've commented in passing on this one, but all that could possibly be said has been said on the GW list and there blogg.
My view - and I'm a Window-Eyes user - is that if this sort of thing is upheld by the US courts, and it's going to a jury hearing - the law is indeed an Ass! those who reckon to be well informed assert you can sue in essence for pinching an idea - which I don't believe GW was intentionally or otherwise doing. Just think how much money Arthur C Clarke (could) have made from the idea of geo-stationary satilites, which he thought of 20 years before one was actually put up.
I say it is one thing to have an idea, quite another to make it work propperly. GW, on the surface, is being sued for doing it like it should have been done from the start, i.e. propperly!
Not that I'm convinced that's wy FS is sueing. The truth is more likely they cannot stomach a superior scripting model which epens up a more powerful scripting capability allied to a much more open method and co-ordination via SCript Central for the wider production of scripts which should no longer be restricted to a tight cotarie or priesthood of those working with a proprietory scripting language.
This is just one ingrediant in the formula for keeping the price of JFW and its gravy train milking more than is tryuly justified from the sale and support of a product that has a bit less going for it than is popularly believed.
Well, that's my 2p - or 4 cents worth! (Note I didn't do the mark up in the other direction, (smile).
----- Original Message ----- From: "Colin Howard" <colin@xxxxxxxxx> 
Subject: [access-uk] Freedom Scientific suit against GW Micro



Greetings,

From: Sun Sounds of Arizona <bill.pasco@xxxxxxxxxxxxxxxxxxxx>
Date: Fri, 25 Jul 2008 09:19:01 -0700
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


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