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Message: Re: Assessment of Ruling

Jan 21, 2007 05:01AM

Jan 21, 2007 07:19AM

In my reading you are correct. It does grant BOW exclusive rights to the aircraft industry using the DRM involved in the DP. However EDig's eVu does NOT use the same DRM and is in effect a different product, as stated by the court so therefore EDig is able to conduct business with anyone, including the aircraft industry with a NEW product called the eVu.

In  removing, or not using, an essential component of BOW's DRM, called the RBE,  whew...lots of ABC's here.....EDig has created the eVu. BOW is trying to assert that the eVu is not substantially different from the DP even without the RBE and therefore it should be entitled to prevail in stopping EDig from doing aircraft business with the eVu.

The Judge disagreed and stated the RBE constitured an essesntal component of the DRM used by BOW and a product WITHOUT the RBE was not covered by the initial agreement, therefore the eVu constituted a NEW product NOT COVERED under any agreement between BOW and EDig.

Thats the way I see it. This essentially means the only legal business between the parties, BOW and EDig is the initial agreement and BOW has no hold on EDig's future in any way with the exception of what EDig still owes BOW, $94,000 or so.

NDA

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