I would also like to add that I think Mr. Baily has spoken with candor about the issues surrounding the pending litigation. I pose to you this question: If NI is in the right as they say and just defending what is theirs, if they are really doing this in everyones best interest then where is their open and honest reply? Why do they choose to remain silent? In my opinion its because they have nothing positive to say. I believe in being honorable and I believe in acting morally and ethically. If you do these things then you should have nothing to hide like Mr. Baily. Remember, just because something is legal doesn't mean its moral or ethical.
The other thing is think about is how you would feel if someone attacked your creation or your lively hood and you felt it was unjust? If Mr. Baily's company was in fact attacked in the manner described above I can certainly understand his indignation and willingness to fight. What ever happened to fighting the good fight and competing on the quality of your product and company?
In closing I am not interested in LabView being taken of the market but I am interested in people and companies competing in fair and just manners. I believe strongly in capitalism and if NI feels that LabView is the best product out there then let others compete. It shouldn't matter if they do given the advantages in size that NI has both in cash resources and market penetration. Capitalism is founded on these ideas. Using the courts as a competitive tool is more the "last refuge of a scoundrel" than expressing your appreciation that we live in a society that allows us affect the majority through open disscussion of ideas and opinions.