I Beat A Patent Troll And You Can Too
Posted by Zenphamy 10 years, 1 month ago to Technology
So, I responded to their demand that we pay up or shut down with this:
Without knowing anything about the legitimacy of either side of this particular patent battle, I found this story pretty amusing as well as a good Objectivist lesson.
"Dear Piece of Sh*t,
We are currently in the process of retaining counsel and investigating this matter. As a result, we will not be able to meet your Friday deadline. After reviewing this matter with our counsel, we will provide a prompt response.
I will pray tonight that karma is real, and that you are its worthy recipient,
Chris
While my wording may have been extreme, the message got through. Needless to say, we quickly found ourselves in federal court. They asked to settle, and I told them my offer was $0 and they would need to license their entire patent portfolio to all other startups, or we would go on the offensive and invalidate their entire intellectual property portfolio"
Without knowing anything about the legitimacy of either side of this particular patent battle, I found this story pretty amusing as well as a good Objectivist lesson.
"Dear Piece of Sh*t,
We are currently in the process of retaining counsel and investigating this matter. As a result, we will not be able to meet your Friday deadline. After reviewing this matter with our counsel, we will provide a prompt response.
I will pray tonight that karma is real, and that you are its worthy recipient,
Chris
While my wording may have been extreme, the message got through. Needless to say, we quickly found ourselves in federal court. They asked to settle, and I told them my offer was $0 and they would need to license their entire patent portfolio to all other startups, or we would go on the offensive and invalidate their entire intellectual property portfolio"
https://www.youtube.com/watch?v=3bxcc3SM...
The difference between us is that, having spent decades in the software industry, I know that huge numbers of patents which have no business to be issued are issued anyway. Thus, I expect anyone claiming to collect on patent rights -- especially if he didn't make the invention himself and doesn't produce a product other than litigation -- to bear the burden of proof that his patent (1) is valid and (2) is broad enough that the defendant has actually infringed.
https://www.eff.org/deeplinks/2015/03/st...
Go ahead. Tell us with a straight face that this company deserves the payments it bullies other companies into making.
"There was one particular thing that kept coming back, and it was the attorneys for Life360 who kept saying, one single player had to perform all the acts," said Coombs. "We just weren't convinced Life360 did that."
You can be guilty of contributory infringement. Think of a near beer potion with a packet of yeast that says don't mix these.
The question is whether Life360 really is interested in an honest patent system or they want a head they win, tails they lose, like Google, Microsoft, Apple, etc.
There has to be some way to bring the legal system as a whole back to it's intended functions, but to a large extent those within that system have taken over the legislative and even a good chunk of the bureaucratic systems as well.
I tangled with him on this some time ago.
Go to http://www.snopes.com/photos/animals/wha... and look at the photoshopped picture at the top.
Notice that it has NO copyright watermark, while the two 'halves' it was made from do.
I put the false one on my website and got an email from a law firm in NY demanding hundreds of dollars versus a 'we'll take you for every penny you're worth' lawsuit if I didn't pay up.
Startled, frightened and new to the game, I paid up. About a year later, they wrote again on the same subject, LONG after I'd removed the offensive photo, and I immediately wrote back that if they were trying to hit me again, I WOULD see them in court!
They replied that the second attack was in error and that the 'original issue had been closed.'
Now, keep in mind that I made NO income or royalty from the photoshopped picture and I had copied the picture down from Snopes . com, which posts THEIR copy of it without watermark either.
The link to the 'artist' is available, and I put it on my site's page where the photo had appeared... at http://www.plusaf.com/no-its-not/_no-its... scroll down about half the page to see where the photo had been....
I offered to pay them any and all profits I'd made from the existence of that photo on my website, but they weren't interested in a check for fucking Zero Dollars.
Life in the good old USA...
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