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Big opportunity for Windows Mobile : Gartner recommends not to use RIM BlackBerry
December 10, 2005 [General] | By Edward J. R.

Microsoft should hurry up with release of push email update to Windows Mobile 5.0, because it looks like RIM has big legal troubles and many corporations and companies will be considering to switch to another push e-mail technology in near future!

Of course Microsoft is not alone on the battleground and there are several companies offering push e-mail solutions, so instead of being happy that RIM has problems, Microsoft should accelerate release of this push e-mail upgrade that is already delayed and will arrive to end users probably around March 2006!

Here is what happens to RIM now:

This latest court decision has caused Gartner to re-evaluate its long-held position on RIM's struggle with NTP (see "Latest Court Decision Changes Nothing for RIM BlackBerry Users"). The ruling strongly suggests that unless RIM reaches a settlement with NTP, the court will issue an injunction effectively ending RIM's operations in the U.S. (The court appears to be unwilling to wait for the Patent Office to issue a final verdict on NTP's patent claims — a process that, while it might end in RIM's favor, could take years.) Such an injunction would force RIM to shut down its U.S. operations; public safety, governmental operations and government contractors may be exempt. U.S. BlackBerry users would lose messaging services — though BlackBerry telephones would continue to function — and international users would lose message service while traveling in the U.S. International businesses with U.S. operations would also be affected.

Gartner believes RIM and NTP will reach a settlement within three weeks (0.6 probability). Such an agreement would be in both companies' interests, and any long-term negative impact on RIM would likely be minimal. If no settlement is reached, RIM will likely appeal to the U.S. Supreme Court. The company could also implement a planned "work-around" solution that bypasses the disputed patents. This path is also highly problematical, because the details of the work-around remain secret. (RIM will provide information only under a confidential customer agreement.) RIM claims its work-around is legally sound, but its history in the courts does not inspire confidence. Moreover, end-user validation and implementation would take time, resulting in a temporary loss of service.

Recommendations for current and prospective RIM customers:
  • Stop or delay all mission-critical BlackBerry deployments and investments in the platform until RIM's legal position is clarified.
  • Demand that RIM's work-around plans be made available — in detail and in public — and carefully review their legal and operational impact. Gartner advises customers not to sign any agreements that could involve them in the RIM/NTP dispute.
  • Consider alternative solutions for mission-critical applications, but recognize that these offerings, too, may face the threat of NTP patent infringement claims
To learn more click here (original source at Gartner).


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