Speech Technology Magazine Reviews BBN and SAIL LABS Law Suit

Speech Technology Magazine has uncovered the following facts from the Writ of Settlement regarding the lawsuit of BBN Solutions LLC versus SAIL LABS Technology AG:

SAIL LABS received a court order to:

• cease and desist from reproducing, distributing and/or offering to third parties any software which
  • shows the layout system of BBN's software "BBN Audio Indexer"
  • contains model files and/or programs which are bit by bit identical to BBN's software "BBN Audio Indexer"
  • the configuration files of which contain parameters which are identical to BBN's software "BBN Audio Indexer"
  • contain executable file names, abbreviations and/or embedded text sequences that are idiosyncratic (peculiar) to BBN's software "BBN Audio Indexer"
    
• eliminate and/or destroy an all versions of the software described above for which it holds power of disposal
• render accounts to BBN with regard to the works reproduced and/or distributed since April 23, 2003, and have the accounts rendered examined for correctness by a sworn court expert upon BBN's request
• pay BBN an adequate compensation for the works reproduced and/or distributed since April 23, 2003
• pay a contribution to legal costs of EUR 12,000 to BBN and EUR 6,000 to intervening third party

A Temporary Injunction was also issued in lieu of the settlement which determined the following:

SAIL LABS was ordered to cease and desist, until the judgment concluding the action for cease-and-desist relief has become final and absolute, from reproducing, distributing and/or offering to third parties any software which:

• shows the layout system of BBN's software "BBN Audio Indexer"
• contains model files and/or programs which are bit by bit identical to BBN's software "BBN Audio Indexer"
• the configuration files of which contain parameters which are identical to BBN's software "BBN Audio Indexer"
• contain executable file names, abbreviations and/or embedded text sequences that are idiosyncratic (peculiar) to BBN's software "BBN Audio Indexer"
  
• The request that SAIL LABS be ordered to submit to BBN any and all versions of the software described in the above item, over which it holds power of disposal, was denied.
  
• BBN  was ordered to pay SAIL LABS the pro-rata share, assessed at EUR 153.56, of the cost of SAIL LABS statement.

"This means that all software SAIL LABS has ever delivered to customers did not include BBN components at all (releases since April 2003) or legally integrated BBN components (releases before April 2003; April 2004 for certain contracts). All legally integrated BBN components remain legal, even after April 2003 and for all times. SAIL LABS is free to continue offering its SAIL LABS Media Mining and other fine products," said Christoph G Prinz, COO of SAIL LABS Technology. "We are glad the settlement regulate proceedings in this case are permanently suspended and claims are deemed finally agreed and settled. SAIL LABS is looking forward to moving past this suit and working in peaceful cooperation in the future."

Marie Meteer, vice president of Commercial Speech Solutions at BBN Technologies, responded, "The outline of the facts stated above speak for themselves.  Mr. Prinz's quote is just another example of SAIL's failure to characterize the situation honestly."