[Am-info] More on the question of Microsft vs open source

[Gene Gaines]

A laugh.  But not funny.  Long, will take a while to read.
Please do not include my email address if you forward.


1. Email today from RSA Security Developer Solutions Group:

   Subject:  Last Chance to Register: Helping You Avoid the
             Intellectual Property Litigation Trap

   Are you considering or using an open source security solution
   in your application development to save money? You should think
   twice before moving forward. According to a survey published by
   the American Intellectual Property Law Association (AIPLA), the
   median litigation costs for an intellectual property
   infringement case can be almost $2 million (1). In addition to
   the financial burden, significant time and resources must be
   devoted to working on litigation of a patent or other
   intellectual property infringement case.

   You need to protect your company from possible financial
   exposure and associated negative publicity from using either
   commercial or open source security solutions not designed to
   protect and insure your best interests.

   Join representatives from Heller Ehrman White & McAuliffe LLP
   and RSA Security for an informative discussion on how to help
   protect your company from intellectual property lawsuits and
   the benefits of using RSA BSAFE=AE security solutions.

   In this free, one-hour seminar, you will learn:
  =20
     =B0  What the benefits of intellectual property indemnity are.
    =20
     =B0 What costs are associated with intellectual property
       investigations, frivolous lawsuits, litigation and damages.
    =20
     =B0 Preventive measures to save your company from these costs,
       negative press and loss of valuable resources.
    =20
     =B0 How commercial security software solutions from an
       established vendor, like RSA BSAFE=AE products from RSA
       Security, help provide a measure of protection against
       infringing intellectual property rights.

   If you are a product or business line manager, VP of
   Engineering, CTO or developer, this seminar is for you!

   Register now!
   http://www.placewareforum.com/rsasecurity/page.cfm?p=3Devent&subcatid=3D=
11728&eventid=3D22289

   After registering you will receive an e-mail confirmation with
   instructions for accessing the online event. We hope you will
   be able to join us on Wednesday, January 28th at this online
   event!
  =20

2. Who is Heller Ehrman White & McAuliffe LLP?

   A quick search of their web site at www.hewm.com for "Microsoft":

   - Antitrust & Trade Regulation - As pioneers of modern
     antitrust law, Heller Ehrman attorneys draw on their experience
     to defend big-name clients in some of the largest and most
     significant antitrust matters pending in the United ...

   - Consumer Litigation - Heller Ehrman has a long and successful
     record defending clients in consumer litigation. Over the last
     20 years, changes in the legal environment have led to a
     sustained increase in the number and va...

   The bios of five attorneys:

   www.hewm.com/attorneys/attorneyBio.asp?attorneyID=3D339
     This fellow's experience statement: Mr. Anderson has
     substantial experience litigating complex disputes involving
     Superfund, toxic torts, insurance coverage, takings and
     claims arising under the state and federal Clean Water Acts.
     He also has extensive recent experience in consumer class
     actions involving computer software, insurance, and financial
     institutions and with respect to scientific, technical and
     economic expert witnesses in a variety of complex cases,
     including environmental insurance coverage litigation.
     Clients on insurance coverage matters have included Syntex,
     ALCOA and Univar, and clients on consumer class action
     matters include Microsoft, State Farm Mutual Automobile
     Insurance company and Household Finance.
  =20
   www.hewm.com/attorneys/attorneyBio.asp?attorneyID=3D875
     Her experience statement: Ms. Azcuenaga served as a
     Commissioner of the Federal Trade Commission for nearly 14
     years. Her practice at the FTC included mergers and
     acquisitions, the antitrust/intellectual property linkage,
     advertising, administrative law and the law and economics of
     regulatory advocacy. Before her appointment as a
     Commissioner, she spent more than eleven years at the
     Commission in positions including Assistant Director of the
     San Francisco Regional Office and Assistant General Counsel
     for Legal Counsel. She has litigated at the trial and
     appellate level and has experience in every area of antitrust
     and consumer protection.
    =20
     Ms. Azcuenaga represents clients in managing the antitrust
     review of mergers and acquisitions under the
     Hart-Scott-Rodino Act. She also serves as a special
     consultant to clients represented by other law firms in the
     Hart-Scott-Rodino review and to those law firms. She defends
     antitrust counterclaims in patent litigation for both
     biotechnology and information technology clients. She has
     assisted in representing Microsoft both in consumer class
     actions and in the appeal of the antitrust case brought by
     the government. Ms. Azcuenaga has represented Black & Decker
     Corp. and others in FTC investigations and has assisted in
     representing a client in a Department of Justice Bayh-Dole
     Act investigation. She has served as a consultant and expert
     witness in class action cases involving FTC-related issues.
     She assists clients with the full range of antitrust and
     trade regulation concerns.

     Ms. Azcuenaga has authored numerous Federal Trade Commission
     opinions and statements and several articles. She is a
     frequent speaker at legal seminars, international conferences
     and meetings of business, professional and consumer groups.

(Comment - Gaines:  Enough.  I won't bore you with any more.)

   For completeness, three more attorneys were found on their web
   site with the "Microsoft" search:
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   www.hewm.com/attorneys/attorneyBio.asp?attorneyID=3D1108
   www.hewm.com/attorneys/attorneyBio.asp?attorneyID=3D1242
   www.hewm.com/attorneys/attorneyBio.asp?attorneyID=3D378

   - Antitrust & Trade Regulation - Microsoft Corporation: We
     represent Microsoft in numerous antitrust consumer class
     actions initiated in the wake of the Department of Justice
     litigation, as well as in antitrust litigat...

 A casual search of their web site for "Microsoft":

   - RSA Data Security, Inc. v. Cylink Corporation, C96-20094 SW
     (N.D. Cal). The firm represented RSA in litigation involving
     patent and license rights to public key and related encryption
     software, technology that has become central to electronic
     commerce over the Internet.

   - RSA Data Security, Inc. v. Network Associates, Inc. and Pretty
     Good Privacy, Inc., 97- 03755 MHP (N.D. Cal). The firm
     represented RSA in this case involving public key encryption
     technology.

I cannot help but wonder who is funding what I perceive as another
attack on open source?

Gene Gaines