Vonage Dodges a Bullet

by on April 24, 2007 · 2 comments

The Federal Circuit says Vonage can continue signing up new customer while it appeals its loss in the Verizon controversy.

As Luis pointed out last week, Vonage’s hand was doubtless strengthened by the Supreme Court’s recent eBay v. Merc Exchange decision:

Note that per the court’s recent decision in eBay, this may work in Vonage’s favor in defeating the proposed injunction in this case. If the option is ‘no injunction’ or ‘make Vonage implement a workaround’, then the court is supposed to favor making Vonage implement the work around. If the option is ‘no injunction’ or ‘completely screw Vonage’s several million users’, the court is supposed to at least take that into consideration when discussing the injunction (though it may not be decisive.)

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Tim Lee / Timothy B. Lee (Contributor, 2004-2009) is an adjunct scholar at the Cato Institute. He is currently a PhD student and a member of the Center for Information Technology Policy at Princeton University. He contributes regularly to a variety of online publications, including Ars Technica, Techdirt, Cato @ Liberty, and The Angry Blog. He has been a Mac bigot since 1984, a Unix, vi, and Perl bigot since 1998, and a sworn enemy of HTML-formatted email for as long as certain companies have thought that was a good idea. You can reach him by email at leex1008@umn.edu.

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