LadyBroadoak Visionary Planetary Healing Tutorial: You thought crime did not pay? The Research in Motion "case"

December 22, 2007

You thought crime did not pay? The Research in Motion "case"

TORONTO, Dec 21 (Reuters) - After a brief drop at the start, the Toronto Stock Exchange's main index bounced up more than 70 points on Friday morning, taking a cue from Research In Motion (RIM.TO: Quote, Profile, Research), which was upgraded by analysts after it reported expectation-beating profits.

The maker of the popular BlackBerry said third-quarter profit more than doubled. Its stock -- one of the heaviest on the TSX index -- shot up C$12.24 to C$118.76.

In Depth

Research in Motion

Last Updated October 24, 2007

CBC News

1984

Two engineering students - Mike Lazaridis (University of Waterloo) and Douglas Fregin (University of Windsor) - co-found Research in Motion. The company was set up as an electronics and computer science consulting business based in Waterloo. Within four years, the company would focus on the transmission of wireless data and setting up of wireless point-of-sale customer terminals using radio waves.

1988

RIM's wireless foray takes off. The company becomes the first wireless data technology developer in North America and the first company outside Scandinavia to develop connectivity products for Mobitex wireless packet-switched data communications networks. The technology is mainly used for business communications, such as processing credit-card sales.

1992

The company had been focusing on working with pagers, but the focus shifted to two-way wireless communication when the research staff found a way to not only receive a message on a pager, but to send messages back as well. Lazaridis was determined to turn this into a way to send e-mail over wireless networks.

Jim Balsillie joins RIM, putting $250,000 of his own money into the company.

1996

RIM introduces its first wireless handheld, the Inter@ctive Pager.

1997

RIM is listed on the Toronto Stock Exchange as a publicly traded company - and raises more than $115 million from investors.

1998

RIM introduces its first BlackBerry, a wireless handheld computer. The company signs agreements with several companies including BellSouth Wireless, IBM and Rogers Cantel, to provide wireless service. It offered a six-line display and allowed basic e-mail and two-way paging. Users could also browse specially formatted pages that offered news, weather, stock market data and travel information.

RIM is ranked as one of Canada's fastest-growing technology companies. The concentration of those companies in the Kitchener-Waterloo, Ont., region leads some to refer to the area as Silicon Valley North.

1999

RIM is listed on the NASDAQ exchange. The company raises another $250 million to develop its BlackBerry technology.

RIM introduces the BlackBerry 850 Wireless Handheld, putting together e-mail, wireless data networks, and a traditional - if tiny - QWERTY keyboard so successfully in a hand-held device that demand for it explodes. Some refer to the device as the "Crackberry."

RIM's BlackBerry device

Nov. 2000

RIM raises another $950 million through a share offering.

Nov. 13, 2001

A group of Illinois-based inventors files a lawsuit in a U.S. Federal Court, accusing RIM of building its wireless e-mail network by infringing on patents held by an American patent-company, NTP Inc. of Virginia.

2002

RIM upgrades the BlackBerry to include voice and data transmission. E-mail capabilities are improved so users can access multiple e-mail accounts.

Nov. 21, 2002

A jury rules in favour of NTP and orders RIM to pay $23.1 million.

Aug. 5, 2003

A judge issues an injunction banning sales of the BlackBerry in the United States. But the ruling is stayed, when RIM files an appeal.

2004

Research in Motion celebrates its 20th anniversary as the BlackBerry surpasses one million subscribers worldwide.

Dec. 14, 2004

An appeals court upholds most of the claims that RIM infringed on NTP's patents. The court also says part of the lower-court ruling was flawed and orders the lower court to take another look at the case.

Mar. 16, 2005

RIM agrees to pay $450 million to settle the dispute, sending its stock soaring more than 17 per cent.

June 9, 2005

RIM and NTP fail to finalize a settlement, and RIM says it will ask a judge to enforce the terms of the March deal.

Aug. 2, 2005

The case is sent back to the Federal Court in Richmond, Va., after the Appeals Court scales back its 2004 ruling.

Oct. 7, 2005

U.S. Appeals Court refuses to reconsider its ruling. RIM announces it will appeal the case to the U.S. Supreme Court.

Oct. 26, 2005

U.S. Supreme Court Chief Justice John Roberts rejects RIM's motion to stay case while the high court decides whether to hear an appeal.

Nov. 30, 2005

The case returns to Richmond, where a judge refuses to force NTP to accept the proposed $450-million settlement with RIM.

Dec. 7, 2005

NTP says it is willing to settle the case in exchange for a royalty rate of 5.7 per cent over the life of the patents.

Jan. 17, 2006

NTP proposes 30-day grace period before any cut-off of BlackBerry service to U.S. users, and also says federal, state and local government users of the BlackBerry should be exempt from a halt in U.S. service.

Feb. 9, 2006

RIM says it has tested software workaround designs for BlackBerry service in the U.S. market, if needed.

Feb. 17, 2006

RIM says it remains open to a "reasonable" settlement with NTP.

Feb. 22, 2006

U.S. Patent and Trademark Office issues final rejection of one of the five disputed patents owned by NTP Inc.

Feb. 23, 2006

RIM co-CEO Jim Balsillie tells a technology conference in Whistler, B.C., that the company has developed and tested a way to continue to allow BlackBerry service to continue in the U.S., should a judge order it to immediately stop infringing on NTP patents.

Balsillie also says the company would be willing to boost its payment to NTP to settle the dispute.

Feb. 24, 2006

U.S. District Court Judge James Spencer declines to issue an injunction that would have immediately shut down BlackBerry service to American customers. In his ruling, the judge said it was clear that RIM had infringed on NTP patents. He said he would decide on damages and whether to eventually issue an injunction "as soon as reasonably possible."

NTP had asked for an immediate injunction that would have shut down BlackBerry after 30 days, as well $126 million in damages. Royalty payments would be on top of that award.

Observers said the judge appeared upset that the two parties had not resolved the dispute on their own.

March 3, 2006

Research in Motion and NTP finally announce a settlement of their long-running patent dispute. RIM agrees to pay NTP $612.5 milllion US to settle all claims and for a "perpetual, paid-up licence going forward." Under terms of the deal, NTP will give RIM the "unfettered right" to continue all of its BlackBerry services. The agreement allows RIM to sell all of its products and services without the need to pay further royalty payments to NTP. RIM's wireless carriers, partners, suppliers and customers will not have to pay licensing or royalty fees to NTP. The settlement is approved by the court and all NTP litigation against RIM is dismissed. Research in Motion has already put aside $450 million to account for a possible settlement. The additional $162.5 million US will be reflected as a charge in the fourth quarter.

In a separate announcement, RIM warns that the number of new subscribers to its BlackBerry service will fall short of expectations by as much as 120,000 subscribers in the fourth quarter. The uncertainty caused by the dispute with NTP was evidently causing many potential customers to either put off their BlackBerry purchases or choose a competing wireless product, like Palm's Treo.

For RIM and its customers, the uncertainty is now over. BlackBerry service will not be shut off.

March 5, 2007

RIM takes a $250-million US accounting charge for issuing stock options at less than fair market value. Co-CEOs Mike Lazaridis and Jim Balsillie agree to pay the company up to $5 million each toward the cost of its accounting review. The two, plus many other RIM execs, repay gains from the improperly priced options. The Ontario Securities Commission and the U.S. Securities and Exchange Commission investigate RIM's option grants.

Oct. 4, 2007

RIM announces that its BlackBerry subscriber list has passed the 10-million mark.

Oct. 23, 2007

Alcatel-Lucent announces an agreement to distribute BlackBerry smartphones in China. The news sends RIM shares up eight per cent, making RIM the most valuable company in Canada, based on market capitalization. Its $68-billion market worth briefly eclipses Royal Bank's during intraday trading on the TSX. RIM's shares are up 150 per cent since the start of the year.

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~ What must be done next ~

Website: http://www.MoveToAmend.org Mission: We, the People of the United States of America, reject the U.S. Supreme Court's ruling in Citizens United, and move to amend our Constitution to: * Firmly establish that money is not speech, and that human beings, not corporations, are persons entitled to constitutional rights. * Guarantee the right to vote and to participate, and to have our votes and participation count. * Protect local communities, their economies, and democracies against illegitimate "preemption" actions by global, national, and state governments. Company Overview: On January 21, 2010, with its ruling in Citizens United v. Federal Election Commission, the Supreme Court ruled that corporations are persons, entitled by the U.S. Constitution to buy elections and run our government. Human beings are people; corporations are legal fictions. The Supreme Court is misguided in principle, and wrong on the law. In a democracy, The People rule.

Proposed change to the US Constitution

We the People

I. Powers and Rights Reserved To We the People, Never Delegated or Violated Without Consent

A. The People are expressly defined as human beings and does not refer to corporations or contractual relationships.

B. No contract, agreement, or promise may ever bind any human to refuse to enforce the law, or prohibit them from speaking on matters of public interest.

C. We the People may believe anything, including the possible belief that this Constitution must be discarded and replaced with a superior document which defends the People and protects their power to enforce this Constitution against the Government.

D. The People are educated to apply the lessons of history to ensure rights are preserved, power asserted, and this Constitution is protected from domestic and foreign enemies.

E. The People have the enforceable right and power to review any public document and access any public official.

F. The People have the enforceable right to engage in any speech, communication, or discussion on issues of war crimes, government incompetence, or allegations of reckless government planning and maladministration.

G. Government officials, agencies, departments may not invoke any power or right they have denied to the People.

H. The People have the right to affordable housing. Where none is available, the government is denied the power to prosecute anyone for not living in a home, or residing in a public park, open forest, or public lands.

I. The People have the enforceable right to freely travel, without questions, and without delay. Any law enforcement officer, agents, or contacted security official who uses any ruse, scheme, or deception to engage in pretextual stops shall be enforced as a violation of this Constitution.

J. The People have the enforceable right to compel govenment officials, contractors, and securty personnel to identify themselves, disclose their policies and procedures, and respond to complaints about violations of this Constitution, the Supreme Law, or laws of war.

K. The People may not be subject to any electronic surveillance except on probable cause and a warrant before a judicial tribunal. The President, Congress and others are expressly denied the power to enact, create, use, or rely on quasi-judicial tribunals to self-certify warrants to conduct surveillance.

L. All denied powers to the US Government in this Constitution are reserved to the People to be used to defend the Constitution.

II. Powers and Rights Reserved to States

A. States shall have authority to enforce any law within their jurisdiction. Failure to enforce the laws of war shall be prosecuted as a war crime.

B. States shall, when the Federal Government refuses to enforce the Constitution or Supreme Law, enforce the national and international law against contractors, legal counsel, state or US government officials.

C. Any state may start impeachment investigations or proceedings against the President, Member of Congress, or US government official on issues of international laws of war, domestic rebellion, or violations of the Supreme Law oath of office, or Geneva Conventions. The States shall, upon receipt of an impeachment investigation or conviction from any other state, shall within 10 days debate that resolution. If convicted by 2/3 of the States, that US government official shall be removed from office. Any effort to thwart State efforts to enforce the US Constitution through impeachment investigations or impeachment proceedings at the State level may be construed as a subsequent violation of this Constitution and laws of war.

D. The States may, without notice, organize themselves to collectively defend this Constitution from the domestic enemies in the United States government. The States Governors have the standing power, right, and authority to use deadly combat force to enforce this Constitution against US government officials.

E. A failure of any State official to enforce the laws of war shall be subject to a war crimes trial within 90 days of discovering that evidence. Where there are credible allegations of war crimes, a failure to investigate shall be construed as a subsequent war crime, punishable by the death penalty.

F. States have the power to enforce contract obligations between contractors and the US government which affect the rights of their State citizens. Failure to enforce these contractual obligations against the contractors or US government could be construed as a subsequent violation under the laws of war and US Constitution against legal counsel, state officials, or court officers.

III. Independent Branch

A. All US government, contractor-provided, and legal counsel data shall be retained in an independent branch.

B. The President, Congress, and Judicial branches have no power, right or claim to not fully fund this Independent Branch.

C. The Independent Branch conducts electronic surveillance of the US government, stores that data, and ensures there are independent, safe, retained records of all US government transaction, including conversations and memos between legal counsel and government officials. Once created for the government or connected with any legal or illegal activity, these records are public records.

D. The data may be seen only upon a showing of reasonable belief or suspicion by the United States Congress, Court, or Executive Branch that the information may be useful in enforcing the Constitution, Supreme Law, or Geneva Conventions.

E. Private citizens may view any data, unless the US government provides sufficient, detailed evidence why that request for information should not be met for bonafide, lawful secrets. Any effort to hide evidence behind a claim of "state secrets," where that claim is linked with an effort to bypass the Constitution, oath of office, Supreme Law, or laws of war may be punishable by the death penalty.

F. All government data belongs to the People. Any legal counsel working for the US government shall ensure that the People's right to reliable information is protected. A failure to protect this information could be construed as a war crime.

IV. Prosecutorial Branch

A. All prosecutorial options are denied of the President.

B. The Prosecutorial branch has the power to raise independent combat power, support them, and may lawfully use that deadly combat force to confront Members of Congress, the Judicial Branch Officers, or the Presidents upon showing of probable cause for war crimes.

C. The prosecutorial power is the exclusive power of the prosecution branch. However, anyone may make a claim of illegal activity, and enforce the laws of the United States and States respectively. Any effort to block anyone from unilaterally attempting to enforce the laws of war through discovery, investigation, and open discussion of those alleged war crimes shall be construed as a possible subsequent offense under the laws of war.

D. Legal counsel are subject to public review, audit, and can be required, with fair notice, of a requirement to demonstrate before any court their compliance with the laws of war.

E. Legal counsel may be denied authority to conduct discovery during any investigation when that discovery is linked with efforts that would thwart war crimes investigation, enforcement of the Supreme law or Geneva Conventions.

V. Judicial Branch

A. The Judicial Branch is above the Legislative Branch and Executive Branch only in order of precedence. The Judicial Branch is a co-equal branch, and closest to the People and Constitution. It is least responsive, and most slow to the People's daily interests to enforce the Constitution and Supreme Law or Geneva Conventions.

B. Where the Judicial Branch does not timely enforce the Constitution, Supreme Law, or laws of war, the States and People retain the power and right to investigate and prosecute allegations of US government illegal activity, war crimes, or violations of the Supreme law.

C. All precedents under the laws of war are binding on the Judicial Branch, US government, and the People through enforcement actions.

D. Any decision by any judicial officer not to fully enforce the laws of war, Supreme Law, or this Constitution may be construed as a war crime, subject to the death penalty.

VI. Legislative Branch

A. The Legislative Branch is listed after the Judicial Branch because it is less responsive to the People.

B. The Members of Congress may be stopped between sessions and held to account for their failure to enforce the laws of war.

C. Refusing to investigate or impeach the President, Judicial Officers, or any current or former US government official for alleged war crimes, maladministration, illegal warfare, or other crimes against the People, States, or US Government shall be prima facie evidence of an intent to not fully assert ones oath of office, and punishable by the death penalty under the laws of war.

D. There are three chambers to the Congress. The Senate and House have a legal duty to fully enforce the laws. Any decision to not timely review evidence of impeachable offenses, or not investigate war crimes or maladministration could be construed as subsequent offenses under the laws of war.

E. The Superior Chamber shall decide, before any debate, whether the proposed bill is or is not Constitutional. This determination is subject to approval, challenge, and rejection by the People, States, and Judicial Branch.

F. The Congress is denied the exclusive power to make rules. Any rule which prohibits any investigation into alleged malfeasance in re the laws of war, Supreme Law, or oath of office is illegal, and may be construed as a subsequent offense under the laws of war.

G. The Congress shall comply with public audits, and timely provide within 45 days of an audit report a statement of remedy, and outline a plan within 90 days to fully comply with all legal obligations under the Statute, Supreme Law, oath of office, and laws of war.

H. The Congress may raise and support an army, and independently order that army only against the President when the President refuses to enforce the laws of war, or comply with his legal obligations under this Constitution.

VII. Executive Branch

A. The Executive Branch is led by three Presidents, co-equal with non-overlapping jurisdictions. The Executive Branch has one power: Executive Power. All actions taken under that one power are lesser authorities not powers. The Executive Branch has no power to create new powers or assign itself broader power.

B. The Executive Branch is listed last because it is the least responsive to the People, and the greatest threat of tyranny to this Constitution. The President is a clerk, not a King or Emperor. The President only manages programs. The President has no power to ignore, rewrite, or refuse to enforce the law. Each of the three Presidents shall have an ongoing requirement to demonstrate to the People and States and Congress and Courts compliance with the Constitution, Supreme Law, oath of office, and laws of war.

C. The Domestic Affairs President is responsive to the States and US Government on internal affairs.

D. The Foreign Affairs President shall have exclusive power to interact with foreign powers. The Foreign Affairs President is denied any power to violate the laws of war, or use covert activity against American citizens.

E. The Executive Branch, Congress, Judiciary, and Foreign Affairs President are denied the power to thwart any lawful State action to organize with foreign powers and agents to defend the US Constitution, enforce the laws of war, or protect the rights and powers of the People and States against domestic encroachments by the US government, legal counsel, or other US government officials.

F. The Commander in Chief shall only have power to lead combat operations during war time. Congress shall conduct ongoing, public reviews whether the Commander in Chief is or is not competent in managing combat operations. The Presidents and Commander in Chief are denied the power to prohibit Congress from using electronic surveillance or use separately raised and supported armies to conduct this oversight during wartime and peacetime.

G. The Executive Branch is denied the power to block anyone from getting access to illegal activity related to the laws of war.

H. During Peacetime, the Commander in Chief shall periodically cooperate with ongoing Oversight of US combat forces to ensure they are combat ready, fully trained on the laws of war, and prepared to lawfully be used to defend the Constitution against foreign and domestic enemies.

I. The Executive Branch and Presidents and officers, agents, contractors, and personnel are denied the power, right, or authority to order anyone to ignore any statute, law, legal requirement, or obligation under the Constitution.

J. The Executive Branch has no power or authority to directly contact the Legislative Branch by name. The President may only request, not order other branches of government. All Communications between the Executive and Legislative Branch shall pass through the Prosecutorial Branch, and retained in the National Archives. Those records are available for public inspection at any time. The People have the enforceable right to compel the Executive Branch, Legislature, and Judicial Branch to produce documents.

K. The Executive Branch, Congress, Judicial Branch, and Prosecutorial Branch, and States are denied the power to wage warfare, information warfare, or harass American civilians through his agents, combat troops, or third parties in the United states or from overseas. Any funds used for this illegal purpose belong to the People and States. Contracts used to enforce, compel, or organize this illegal activity are not enforceable, and contrary to public policy.

L. The Presidents are denied a presumption of competence until proven. The President shall always have the burden of proof, and is expressly denied a presumption of good faith until demonstrated with overwhelming evidence in public. An election result is not proof of competence nor does it satisfy a presumption of good faith, only of mastery to win an election through legal or illegal methods and deception.

M. The Executive Branch and Presidents and subordinate agency head, contractor, and employees are expressly denied any assurance any conversation he has related to illegal activity, war crimes, unlawful acts, or other threats to the US Constitution shall remain secret behind any shield, scheme, agreement, or technology. Any order a President or anyone gives to anyone to hide, destroy,not provide, or conceal evidence of illegal activity may be construed as a subsequent war crime, punishable by the death penalty. This restriction against following illegal orders may not be bypassed by claiming the order was from a non-person, electronic device, or other non-Constitutionally recognized entity, database, policy, guide, or other document.

N. The Presidents are denied the power to use any combat force, technology, or other military weapon or plan against American civilians, except in cases of internal rebellion which only the Congress shall approve in writing. When the Congress fails to act, or abuses its authority, the State Governors may lawfully use deadly combat force to detain and enforce the laws of war prohibiting illegal use of force against American civilians.

O. The Presidents are denied the power to induce any civilian to take any action that might deny them on any Geneva protections as a civilian. Any order, ruse, scheme, propaganda, or unreliable information to induce anyone to wage war, information warfare, or any action to harass civilians is punishable by the death penalty, and may be enforced as a violation of the laws of war.

P. The President, when delegating any power to any agency head, agrees that that agency shall be organized as if it were a separate, lesser, and not coequal branch. Those agencies shall fully cooperate with the other branches of government to ensure power within the branch or department is divided. There is no single agency, division, or office in the Executive Branch that is beyond ongoing oversight by the other four branches.

Q. The President shall have no power to block the Congress, States, Judiciary, Prosecutorial, and Independent Branch from a having co-equal status to oversee, manage, and organize that lesser branch. If the President refuses to substantially comply with that requirement, Congress may not lawfully provide funding for that agency, and the funds return to the States and People.

LadyBroadoak Visionary Planetary Healing Tutorial