Dutch PC maker Tulip has withdrawn its patent infringement law suit against Dell following an out-of-court settlement from which the Texan hardware giant emerges as the de facto winner.
The two companies last week agreed to a deal under which Tulip will receive $49.5 million - significantly less than the $17 billion in actual and punitive damages it was originally seeking. Dell will only have to pay $10 million toward that $49.5 million - it's not clear where the rest is coming from; presumably its motherboard suppliers will have to cough up the rest - and is able to say that it didn't infringe Tulip's patent. Dell also gets a non-exclusive licence to the patent at the heart of the case: number 5,594,621, entitled 'Motherboard for a computer of the AT type, and a computer of the AT type comprising such motherboard' and which describes a way to connect PCI and ISA cards to an AT motherboard.
Back in November 2000, Tulip alleged that Dell Optiplex PCs shipped since 1997 incorporated without authorisation technology covered by that patent. The patent was filed in 1995. Cleared on all charges and paying only $10 million - a conclusive victory for Dell, we'd say. That said, Tulip doesn't do to badly out of the settlement: it wins a tidy sum of money - which it describes as "a significant improvement of its financial position"; it lost €7.2 million during fiscal 2002 - and the validity of its patent is ensured for the time being. Dell had not only claimed it did not infringe Tulip's patent but it contested that the patent was invalid and unenforceable.
News source: The Reg
The two companies last week agreed to a deal under which Tulip will receive $49.5 million - significantly less than the $17 billion in actual and punitive damages it was originally seeking. Dell will only have to pay $10 million toward that $49.5 million - it's not clear where the rest is coming from; presumably its motherboard suppliers will have to cough up the rest - and is able to say that it didn't infringe Tulip's patent. Dell also gets a non-exclusive licence to the patent at the heart of the case: number 5,594,621, entitled 'Motherboard for a computer of the AT type, and a computer of the AT type comprising such motherboard' and which describes a way to connect PCI and ISA cards to an AT motherboard.
Back in November 2000, Tulip alleged that Dell Optiplex PCs shipped since 1997 incorporated without authorisation technology covered by that patent. The patent was filed in 1995. Cleared on all charges and paying only $10 million - a conclusive victory for Dell, we'd say. That said, Tulip doesn't do to badly out of the settlement: it wins a tidy sum of money - which it describes as "a significant improvement of its financial position"; it lost €7.2 million during fiscal 2002 - and the validity of its patent is ensured for the time being. Dell had not only claimed it did not infringe Tulip's patent but it contested that the patent was invalid and unenforceable.
News source: The Reg
Although the Sponsor included with Plus! is not a trojan at all, many people dont understand the concept. The LOP.com software included with Plus! IS ad-ware, and patchou states "If you boycot Messenger Plus! because of the sponsor, your an idiot", And many of his senior users agree. Patchou further states "There's only one checkbox to uncheck during installation and you'll never hear about the sponsor. The sponsor is optional. I'll never force anybody to install that kind of thing on their computer (you can mark my words)". Everyone doesnt seem to understand that unchecking the box does not install the sponsor.
Patchou further states AGIAN how to remove it in case of accidental installation, "For those of you who installed the sponsor by mistake and want to get rid of it, uninstall Messenger Plus!. It WILL uninstall the sponsor program (some files will be removed only after reboot)." Some users even favor the sponsor. I asked patchou what he would tell a user before installing Plus!, this was his response, "It just helps me live, that its not a trojan or a spyware.. it just delivers some ads on your computer and youre free to remove it whenever you want".
Longtime Plus! User Joon says "Its not that bad, as long as its optional and PPL READ be4 they install something". Patchou requests before ANYONE post's that Plus! is a trojan, they should understand what the word means.
News source: Patchou's Statement
BTW I hate those dumb "Dell Interns" commercials...
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