Empiricum's guest editorial

After a couple of weeks on the road, under the weather at that, I am glad to be back in Rambushire. I thank those who have expressed their well-wishes and concerns on my health and whereabouts in the interim.

Since my last editorial, I notice that a few Rambus matters have come up most notable of which is Judge Ronald Whyte's tentative denial of Hynix's motion to dismiss on the basis of collateral estoppel. Judge Whyte was polite in rebuffing the verbal ruling of Judge Robert Payne in the Infineon case. And speaking of Judge Payne, is the following quote from a blogger named "Dr. Les Sachs" fact or fiction?

*** They banned my freedom of speech on a theory that was a weird legal twisting of America's "Lanham Act" or trademark law. Patricia Cornwell is a famous celebrity, and I had criticized Cornwell's written threats that she had faxed to me, by means of a sticker I had placed on some of my books. So Judge Payne and the Cornwell lawyers said they could ban my freedom of speech and freedom of press for the rest of my life, on the theory that my criticism was "false advertising and marketing" for "my product", my books and writing, that mis-used the "trademark" Cornwell name. Judge Payne said he can ban any writing or journalism about Cornwell if he disagrees with it, simply by calling it "false advertising using Cornwell's name", given that all journalism also "advertises" the "product" of the author's writing. *** [Banned in America: Footsteps of Anne Frank: American writer takes refuge in Holland, banned by Bush government]

Fiction or not, the above quote would perhaps remind every Rambus shareholder how the attorney-client privilege was twisted and turned under the guise of a "crime-fraud exception" that was fashioned without legal or factual basis in the same courtroom of Judge Payne! If the allegations of "Dr. Les Sachs" against Judge Payne are true and well-founded, will it not be nice if Judge Payne's "judicial privilege" is likewise pierced under a similar "crime-fraud exception"? Arguably, a judge's unfair and/or erroneous ruling cannot serve as a basis for impeachment or removal from office as there are appellate remedies to cure the same. However, an alleged "criminal or fraudulent" act or conduct of a judge will undoubtedly serve as a basis for impeachment or removal from office.

Another Rambus development that deserves more than a cursory look is the recent appointment of former Judge Abraham D. Sofaer to the Rambus Board of Directors. I trust and expect that Rambus intends to harness and make full use of his diplomatic skills and knowledge more than anything else and that, therefore, he should chair a committee on negotiations and settlements as we look forward to bringing in more licensees. His expertise on international law could also prove useful as Rambus explores Bangalore, India. Another Sofaer asset that Rambus management should look into is his Jewish heritage noting in particular the media components and control in America, Judge Sofaer might as well be the PR man that Rambus needs at this time.

And, last but certainly not the least, last week Treowth posted a "Dear Steve" letter purportedly addressed to Steve Appleton which Treowth wants Harold Hughes to send. Unfortunately, Steve did not even bother to respond and I wanted him to respond in this fashion:

"Dear Harold:

Thanks for the invitation which I hereby politely decline at this time.Napa County is not a neutral ground for us to meet and, as you know, wine and potato chips don't match. I suggest that we meet in Las Vegas and we can play real colored chips.

A one-on-one meeting without lawyers is a good starter. But I need to bring with me Dave Parker, my spin-master. On your part, you may bring Treowth and/or Empiricum.

We better meet as soon as possible while my company is still on "Amnesty."

Regards,

Steve"