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Message: Re: MMP Portfolio... milestone - Opty
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Nov 19, 2007 04:23PM
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Nov 20, 2007 04:17AM
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Nov 20, 2007 05:08AM

"It may not be all that clear who won when it comes.  IMHO"

While I hear what you're saying, IMO, a settlement is a win for us,  not going to trial is a win for us, the Js paying anything is a win for us.  Simply put, if the Js had ANY real confidence in the success of their defense, they wouldn't settle.  After all, if they went to court and prevailed, they'd probably be awarded all defense legal expenses and never have to pay for a license - past or future.  With a settlement, they eat legal expenses incurred (which in the aggregate is probably more than Fujitsu paid for their license, ~$30M), PLUS whatever licensing fees/royalties.

Also, I suspect we're overblowing the whole "saving face" thing.  This ain't 1945.  While I'm certain the "custom" is still prevalent, I wonder just how pervassive it remains in the modern-day business world.  They've "matured" (not a good descriptive word in this context) a lot in their business practices.  That being said, IMO no company wants bad press, unnecessary expenses, or to be depicted as technology thieves.

JMHOs,

SGE

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