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We've covered in too much detail how it's some sort of "open season" on Vonage when it comes to VoIP patents. After dealing with ridiculous and expensive patent lawsuits from companies who failed to actually innovate in the same way Vonage did, the company was pressured by Wall Street to quickly settle the various patent lawsuits filed against the company. Of course, rather than settle matters, that simply opened the door for other companies to go searching through their patent portfolios to see if there was anything they could sue Vonage over. Indeed, following those settlements it didn't take long for AT&T to dig up a patent and sue -- which was quickly settled as well. Thought things were over? No such luck. Nortel just showed up last month to sue and it took all of about a week and a half for Vonage to settle that case as well.

The Nortel case is slightly different because Vonage actually already had a patent infringement lawsuit going against Nortel, but it wasn't really initiated by Vonage. Instead, it had been initiated by a patent holding firm that Vonage bought in 2006. The end result of the settlement doesn't involve money changing hands, but just a cross licensing agreement for the patents. So what's the big lesson that Vonage and others have learned from this? It's certainly got nothing to do with innovating. It's to hoard as many patents as possible so that you have your own nuclear stockpile for when someone else sues you. Want to know why the USPTO is overwhelmed? It's not because there aren't enough examiners (as some will claim) or that there aren't enough funds. It's because the way the system now works is that you are supposed to file patents on every tiny little advancement so you can use it to protect yourself against lawsuits from everyone else. That's not about innovation. It's about waste. In the meantime, since it's still open season at Vonage, who's going to be next? There are a ton of other patents in the VoIP space that can surely be used in a lawsuit, right?

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Small and light enough for a shirt pocket, Samsung's Helix YX-M1 is a one-stop audio entertainment center with an XM radio, a digital music player, and room for 50 hours of tunes, but it comes up short on battery life.

This raw work-flow application isn't the Holy Grail many hoped it would be, but Apple Aperture 1.5 could make life easier for photographers who need to cull, retouch, and output large numbers of photographs quickly and efficiently.




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Jazz is characterized by democratic group improvisation, so it's natural that artists like the Brooklyn-born pianist//keyboardist/composer Kenny Werner offer insightful and inventive critiques on American democratic society. On his Blue Note debut, Werner's impressive "cabinet" includes trumpeter/cornetist Dave Douglas, drummer Brian Blade, bassist Scott Colley, and saxophonist/clarinetist Chris Potter. With Tower of Power's Lenny Picket in the production chair, Werner's take on the unreality of American life is manifested in techno-savvy computer grooves, acoustic swing, strong contrapuntal exchanges, and genre-bending idioms. "Lo's Garden," "Inaugural Balls," "New Amsterdam," and "Lawn Chairs (and Other Foreign Policy)" are syncopated soapboxes ringing with Kraftwerk/James Brown/Herbie Hancock Headhunter-type rhythms and angular melodies, contrasted by the mournful aura of "The 13th Day," written for his late daughter, and "Kothbiro," from the film The Constant Gardener. Werner's bop, beats, and bytes will live on long after the polls close. --Eugene Holley, Jr.
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Originally recorded in 1989, Phish's second record is a brilliant blend of whimsy and wisdom that served notice to the world: these boys are tough to peg. "The Squirming Coil" is arena-rock bluster, "Reba" is winding art rock, "My Sweet One" is quick bluegrass, "Split Open and Melt" is a funky workout, "Oh Kee Pa Ceremony" is jazzed-up country boogie, "Lawn Boy" is lounge jazz, and "Bouncing Around the Room" is irresistible pop. Add to that "Run Like an Antelope," one of their most successful twisting-and-turning instrumental jams, and you have an eclectic yet digestible smorgasbord of styles. What saves Phish from crumbling under their own weight? A palpable sense of playfulness and sarcasm and musicianship that is both loose and demanding. --Marc Greilsamer




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