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Re: [News] World Day Against Software Patents Ends; Oracle a Patent Slammer

In article <7m40r5-tpd.ln1@xxxxxxxxxx>, Homer <usenet@xxxxxxxxxx> 
wrote:
> >> So how come you can't point to a single instance of Microsoft 
> >> attacking anyone with a software patent?  (I mean a real, 
> >> documented, instance. Not one based on your thoroughly discredited 
> >> theory that Acacia works for Microsoft).
> 
> Considering the ex-Microsoft senior management at Acacia, I'd say it's
> more than just "theory". The Acacia suit against the Vole was little
> more than a smokescreen.
> 

There's ex-Microsoft senior management at Google, too.  Do you think 
Google works for Microsoft?

Roy based his entire "Acacia is a front end for Microsoft" theory on the 
fact that one lawyer and one manager at Acacia once worked at Microsoft, 
and Acacia has a lawsuit going against a couple open source companies.  

Acacia has many lawyers and managers, who have worked at many other 
companies before they ended up at Acacia.  Looking at a few from their 
corporate info page, I see one who was a research engineer at IBM, a 
program manager at Intel, and an IP and corporate law attorney at one of 
the most important law firms in the country before he went to Acacia.  I 
see another who was manager of software development at Cray Research, 
then Director of Software Development at Sun, before going to Acacia.

Do you really think Microsoft is *actually* organized like the Borg, 
with everyone plugged into a group mind, and every time someone goes 
from Microsoft to another company, they are still connected to the hive, 
and it's all part of the plan?  (Roy thinks that, it seems).

The fact is people leave Microsoft for the same reason the leave Sun, 
and Google, and IBM, and Red Hat, and Oracle, and all the rest.  Most 
likely that senior MS lawyer moved to Acacia for the simple reason that 
the work was probably more interesting.  Think for a moment what it must 
be like for a lawyer at Microsoft.  You're always dealing with people 
attacking you--people suing you for patent violation, or threatening to 
do so, regulators all over the place, and so on.  And when you do get 
sued, they are going to bring in outside counsel to handle all the fun 
stuff--the best you can hope for is to be the MS lawyer supervising the 
case, but all that means is that you provide high level input.  It's the 
people from the litigation firm that get to do the cool lawyer stuff.

Now think what he probably gets to do at Acacia.  He's probably much 
closer to litigation, and making more tactical decisions, instead of 
just high level directional decisions.

Roy also ignores the fact that the lawsuit against a couple open source 
companies was clearly in the works long before that particular manager 
and that particular lawyer came to Acacia.  Check the patent assignment 
database at the patent office.  Acacia acquired the patents in suit a 
long before the suit.

It takes years from the time you acquire a patent to reach the point of 
filing suit, so it is likely they've been working on it since close to 
the time they acquired the patents.

-- 
--Tim Smith

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