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(Ars Technica)   Patent trolls got crushed fighting tech manufacturers so now they're suing tech end users   (arstechnica.com) divider line 58
    More: Asinine, Project Paperless, non-practicing entity, Santa Clara University, patent lawyers, shell companies, Atlanta area, manufacturers, fighting  
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5919 clicks; posted to Geek » on 02 Jan 2013 at 8:28 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-01-03 01:42:31 PM  

Esn: What? Be real. The business practice is to send these demands to thousands and thousands of little targets. Who's going to get your 1 million exactly?


Patent troll has to put a million dollars up to send out a SINGLE notice. This prevents them from suing thousands of people at once.

If the patent troll wins the case, they get their million dollars back.

If the patent troll loses the case, the person they sued gets the million dollars.

If you have a legitimate claim, then it will be easy to get a short term loan for a million dollars.

/kinda like getting a loan to get your dumbass buddy out of jail.
 
2013-01-03 02:11:15 PM  

I_Am_Weasel: AbiNormal: This is why we need to round up all lawyers and run them through a meat grinder and dump the resulting sludge into the sewer where they farking belong.

Then all the sueage would back up!

Ha!

Shutting up now.


...*snerk*

I say we bring back the gladiator arenas. Lawyers versus CEOs versus starving lions!
 
2013-01-03 03:15:26 PM  

ZAZ: If you actually present a fair case but lose, no forfeit. If you present shiat like this scanner company, pay up.

There are two analagous situations.

In a medical malpractice case you have to have your claim reviewed before suing. If the malpractice tribunal says your case is a loser, you put up $6,000 bond to cover defendant's costs when you lose. (My state's law; varies from place to place.)

In a copyright case, the ordinary rule is loser pays. Righthaven went bankrupt due to fees owed to people it sued. Thanks to the corporate form, the investors only lost their investment. This is one reason IP trolls would rather use undercapitalized shells than show their faces. Costs and sanctions fall on the legal entity, not the human beings responsible.


Wouldn't they have to own the patent to be able to sue? Surely in that case if they went bankrupt the patents themselves would be part of the administration?
 
ZAZ [TotalFark]
2013-01-03 03:49:57 PM  
Wouldn't they have to own the patent to be able to sue?

That was part of the problem with Righthaven. The company bought the right to sue rather than the a full set of rights to use. (The other problem was fair use.)

If I were setting up these companies I would give them one yar exclusive rights to the patent. Exclusive rights means they can sue and one year means no matter what happens to the company I get the patent back.
 
2013-01-03 03:55:26 PM  
The patent troll letter in the article references a number of Microsoft software programs including Outlook/Exchange and Sharepoint and suggests use of such software with a scanner violates their patents. Microsoft has offered Intellectual Property Indemnification to end users as well as system builders, resellers, etc since 2004.

If the company is using Microsoft software they should start kicking back these claims to Microsoft and let Microsoft handle them.
 
2013-01-03 05:27:03 PM  
These businesses should pay the fines with Monopoly money.
 
2013-01-03 05:39:07 PM  

hammer85: MuonNeutrino: Frankly, this isn't going to stop until someone makes an example out of a few of the scumbag lawyers involved in these sorts of blatant extortion rackets. It might be difficult to unmask the actual patent owners/masterminds behind the schemes, but the identity of the lawyers involved is hard to hide if they expect to actually sue anyone. If a few of the lowlife scum wind up taking a cement shoe swim, perhaps the moral vacuums behind the whole mess might have a bit of a harder time finding willing minions to carry out their trolling.

Offtopic, but do you play MWO?

-Hammerreborn


OT, but yup, that's me. Don't think I've ever seen anyone using my particular name anywhere else before, so if you see a MuonNeutrino, that's most likely me.
 
Esn
2013-01-03 11:03:06 PM  

fluffy2097: Esn: What? Be real. The business practice is to send these demands to thousands and thousands of little targets. Who's going to get your 1 million exactly?

Patent troll has to put a million dollars up to send out a SINGLE notice. This prevents them from suing thousands of people at once.

If the patent troll wins the case, they get their million dollars back.

If the patent troll loses the case, the person they sued gets the million dollars.

If you have a legitimate claim, then it will be easy to get a short term loan for a million dollars.

/kinda like getting a loan to get your dumbass buddy out of jail.


If they're only asking for $900, a million upfront is disproportionate. It will also stop legitimate patent-holders from going after patent violations. And (in the copyright sphere) you will never get anyone to agree that each one of the millions of copyright notices that are sent out must be accompanied by a million-dollar bond. You can absolutely bet that this proposal will be seen as ridiculous and never adopted because it allows the other side to make a legitimate case that they're being the victims and not sound like hypocrites. Much better to do the smallest thing possible and look like you're being the reasonable one.

What I'm saying is, don't play an ace when a two will do.
 
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