[asterisk-biz] Vonage Vs. Verizon Update

Matthew Rubenstein email at mattruby.com
Tue Mar 27 10:13:38 MST 2007


On Tue, 2007-03-27 at 13:07 -0500, Steve Totaro wrote:
> > -----Original Message-----
> > From: asterisk-biz-bounces at lists.digium.com [mailto:asterisk-biz-
> > bounces at lists.digium.com] On Behalf Of Eric "ManxPower" Wieling
> > Sent: Monday, March 26, 2007 3:46 PM
> > To: email at mattruby.com; Commercial and Business-Oriented Asterisk
> > Discussion
> > Subject: Re: [asterisk-biz] Vonage Vs. Verizon Update
> > 
> > Matthew Rubenstein wrote:
> > > 	That's not a change in the status of the case. Vonage lost in
> that
> > > District Court, supposedly setting them up for an appeal in the
> court
> > > where actual patent and IP expertise is available. Verizon is just
> > > hitting Vonage with an injunction to enforce the patents found
> infringed
> > > in this first case, which Vonage will just
> > >
> > > 	It's a typically lawyer/telco load of BS, but it's standard
> > operating
> > > procedure and the (Vonage) plan. If the district judge who granted
> the
> > > "permanent" injunction doesn't let Vonage out of it when they ask
> for
> > > it, then Vonage will ask the new appeals judge to lift that
> injunction.
> > > If neither judge lifts the injunction, then Vonage actually is
> screwed,
> > > because that also means those judges don't think the appeal is
> likely to
> > > be heard or to succeed. And if they actually stop Vonage infringing,
> > > therefore operating, before the appeal is successful, then they
> likely
> > > will have killed Vonage. And then each less funded competitor, like
> > > those (also) running Asterisk, will be in Verizon's sights.
> > 
> > Wouldn't most other telcos SBC and the "New Old AT&T" also be
> infringing
> > on the call forwarding patents?  Wouldn't companies like Cox cable
> > (which provide phone service via VoIP) also be infringing?  All these
> > companies have very deep pockets.
> 
> 
> New info:
> http://www.reuters.com/article/internetNews/idUSWEN576020070326

	"Vonage shares plunged nearly 26 percent on Friday after the injunction
decision, although U.S. District Judge Claude Hilton said he would delay
signing the order for two weeks.

The stock climbed 5 percent in early trading Monday"

	Vonage has clearly failed to inform the stock market, and the public in
general (including its customers) the ups & downs of their strategy as
dependent on the broken PTO/district/appeals courts cycle. I hope they
stay afloat to continue the process with their (relatively) deep
pockets, or they'll take a lot of the industry down with them,
prejudicing later attempts to reach the appeals court where these
patents could be thrown out or cut down to size by an actually competent
court. Suffocating because their stock is sunk on a series of bad news
before completing an appeal could give the whole VoIP industry a bad
brand among investors and other partners, right when it's gaining steam.

	The US "all or nothing" mindset is really punishing to entrepreneurs,
especially where IP lockouts can arbitrarily destroy new attempts at
tech and market efficiencies.


> Steve Totaro
> http://www.asteriskhelpdesk.com
> KB3OPB
> 
> 
-- 

(C) Matthew Rubenstein



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