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Martha Stewart Out To Exterminate Patent Troll Lodsys

timothy posted 1 year,27 days | from the taking-back-the-inch-and-the-mile dept.

The Courts 150

McGruber writes "Gigaom's Jeff John Roberts reports that Martha Stewart Living Omnimedia, Inc. (MSLO) has filed a lawsuit against Lodsys, a shell company that gained infamy two years ago by launching a wave of legal threats against small app makers, demanding they pay for using basic internet technology like in-app purchases or feedback surveys. In the complaint filed this week in federal court in Wisconsin, Martha Stewart Living Omnimedia asked a judge to declare that four magazine iPad apps are not infringing Lodsys' patents, and that the patents are invalid because the so-called inventions are not new. The complaint explained how Lodsys invited the company to 'take advantage of our program' by buying licenses at $5,000 apiece. It also calls the Wisconsin court's attention to Lodsys' involvement in more than 150 Texas lawsuits. In choosing to sue Lodsys and hopefully crush its patents, Martha Stewart is choosing a far more expensive option than simply paying Lodsys to go away."

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...and suddenly (5, Insightful)

ZorinLynx (31751) | 1 year,27 days | (#44976387)

....out of nowhere I have a heck of a lot more respect for Martha Stewart.

It's like MAGIC!

Re:...and suddenly (0)

Anonymous Coward | 1 year,27 days | (#44976421)

What's wrong with Martha Stewart?

Re: ...and suddenly (5, Funny)

Anonymous Coward | 1 year,27 days | (#44976513)

She's probably going to get busted for shorting Lodsys stock right before she sued them.

Re: ...and suddenly (4, Informative)

AK Marc (707885) | 1 year,27 days | (#44977297)

She was never convicted of any trading issues. They convicted her of lying to the FBI.

Re: ...and suddenly (5, Informative)

Joce640k (829181) | 1 year,27 days | (#44978217)

Interestingly enough, the director of the FBI lied to congress and nothing happened to him.

Re:...and suddenly (1)

Anonymous Coward | 1 year,27 days | (#44976777)

What's wrong with Martha Stewart?

"Shabby Chic"

Re:...and suddenly (1)

demonlapin (527802) | 1 year,27 days | (#44978289)

Martha Stewart and shabby chic are about as closely related as vi and emacs.

Re:...and suddenly (5, Insightful)

amiga3D (567632) | 1 year,27 days | (#44976435)

One thing about Martha, she isn't about to take any crap off anyone. I think these assholes tried to shake down the wrong woman.

Re:...and suddenly (5, Funny)

SJHillman (1966756) | 1 year,27 days | (#44976479)

"One thing about Martha, she isn't about to take any crap off anyone"

She may not be taking the crap off anyone herself, but she's certainly willing to help.
http://www.homedepot.com/p/Martha-Stewart-Living-Wayland-Double-Post-Toilet-Paper-Holder-in-Brushed-Nickel-AL-CLSPH-21/202761287#.UkYem0DE3_o [homedepot.com]

Re:...and suddenly (2, Insightful)

arth1 (260657) | 1 year,27 days | (#44976675)

One thing about Martha, she isn't about to take any crap off anyone.

I doubt she's even aware. This is the company, not the person.

Re:...and suddenly (4, Insightful)

RazorSharp (1418697) | 1 year,27 days | (#44976719)

How often does a company choose the greater loss to make a point without approval from the top? I'm sure, at the least, she's aware of the situation.

HQ approval (3, Insightful)

Firethorn (177587) | 1 year,27 days | (#44976819)

You make a good point about the approval from the top, however calculating the 'greater loss' can be complex, especially if you're considering long term. Sort of like how many/most companies today will fight 'frivolous' lawsuits to the hilt - it's more expensive in the short term, against that litigator, yes, but in the long run if you're seen as a target you face so many more lawsuits it's actually cheaper to fight.

Re:HQ approval (3, Insightful)

Nerdfest (867930) | 1 year,27 days | (#44977351)

Correct. Martha is not one of the typical fly-in CEOs that's there for 3 quarters and throws away the long term viability of the company for the quick profit. This is _her_ company.

Re:HQ approval (4, Interesting)

pspahn (1175617) | 1 year,27 days | (#44977587)

If anyone would like more proof that it is her in charge, give "The Martha Rules" a read.

Alternatively, if you don't give a shit about this but you're starting a small business, give it a read anyway, you'll thank her later.

Re:...and suddenly (1)

larry bagina (561269) | 1 year,27 days | (#44976863)

When "the top" is arrested, convicted, jailed, and is barred by the SEC from being "the top", it happens a lot.

Do you think JP Morgan's heirs are notified everytime his eponymous bank hires a new employee?

Re:...and suddenly (1)

Anonymous Coward | 1 year,27 days | (#44977173)

Uh, she is still a top ranking member of the board, dumbass.

Re:...and suddenly (1)

AK Marc (707885) | 1 year,27 days | (#44977313)

She was convicted of obstruction and lying, not any trading issues. She settled a case with the SEC that should have had sanctions end before now.

Re:...and suddenly (2, Interesting)

Anonymous Coward | 1 year,27 days | (#44977619)

I have a friend who worked for a couple of summers at her greenhouse and farmstand. This is basically minimum wage work at a small sideline business that isn't even supposed to make money so much as slightly offset the cost of having a full time maintenance and landscaping staff on her very large personal home and adjoining estate in Maine.

My friend never directly reported to her, and only "met" her insofar as on a handful of occasions she saw fit to check on things or wanted to have a camera crew shoot something in that area, but there was never any question that Martha knew what was going on, knew my friend worked there and kept tabs on the staff.

So anyway, yeah, I'd have to believe that legal at least ran this by her, and that she is ultimately calling the shots on this.

Re:...and suddenly (1)

Anonymous Coward | 1 year,27 days | (#44978111)

My brother was a managing lawyer for an insurer that dealt mostly with medical malpractice. According to him, it was fairly common to do this sort of thing (ie, spend $50k to defend a suit that could be settled for $30k).

Of course, the idea was that it *would* save them money...perhaps not in the single case at hand, but by discouraging other, similar suits. I specifically remember him saying that it wasn't uncommon for similar med-mal suits to follow successful ones in the exact same area (often against the same doctor, often from the same lawyer as the original).

Re:...and suddenly (5, Interesting)

Anonymous Coward | 1 year,27 days | (#44977003)

I worked on her TV show for 4 seasons (which is why I'm posting as AC - you never know) - and I can assure you, not only is she aware, but once someone came to her with this, she became a driving force behind it. She may not understand the nitty-gritty details, but once she's been told that someone's fucking with her, there's no messing around. She's in it for the kill.

Re:...and suddenly (0)

Anonymous Coward | 1 year,27 days | (#44977393)

The most effective way to beat the crap out of a patent troll is to dig out prior art evidence, once the case is made their suits fall like dominos, the legal overhead, lost credibility etc. from the fallout will crush them.

Re:...and suddenly (-1)

Anonymous Coward | 1 year,27 days | (#44978033)

once she's been told that someone's fucking with her, there's no messing around. She's in it for the kill.

You make it sound like she's some feminazi who hates men, sex, and cocks.

Re:...and suddenly (4, Funny)

Nyder (754090) | 1 year,27 days | (#44977091)

One thing about Martha, she isn't about to take any crap off anyone. I think these assholes tried to shake down the wrong woman.

Martha is hard core. She's been to prison and everything. She will probably shiv one or more of them.

Re:...and suddenly (2)

billstewart (78916) | 1 year,27 days | (#44977257)

My siblings and I used to joke about Evil Aunt Martha (she's no particular relation, except that all Stewarts are either descended from a 12th-century Scottish king or peasants on the land of his descendents, so we might be distantly related to her husband.)

She's going to shiv Lodsys, and it'll look fabulous when she does, with legal papers that are black and white and red all over, in nice wintery colors.

Re:...and suddenly (2, Informative)

93 Escort Wagon (326346) | 1 year,27 days | (#44977271)

Martha Stewart ended a thousand year galactic war with her apple dandies. These guys won't even see it coming.

Re:...and suddenly (1)

MMC Monster (602931) | 1 year,27 days | (#44978123)

Well, no one expected her apple dandies to be laced with Polonium-210.

Can't wait to see what she hits these guys with.

Re:...and suddenly (3, Insightful)

Anonymous Coward | 1 year,27 days | (#44976637)

I've always had respect for Martha, yes she may be a bit of an elitist bitch, but she taught a generation of people (women and men) to cook and garden and fix up their houses, and she did it in a way that was accessible. She also paid the price for her arrogance and moved on. If she is willing to fight back against the trolls and stand up to their demands, It's a good thing!

Re:...and suddenly (5, Insightful)

MightyMartian (840721) | 1 year,27 days | (#44976685)

What I admired is how she opted to go to jail and serve out her sentence even though protested it. Yeah, she looks a bit cranky, but that took real backbone.

Re:...and suddenly (4, Funny)

Darinbob (1142669) | 1 year,27 days | (#44976775)

We never did get to see any photographs of her jail cell. I wanted to see how fabulously it was decorated using only prison supplies.

Re:...and suddenly (1)

HairyNevus (992803) | 1 year,27 days | (#44976875)

Well, there is a before picture [nbcnews.com] , and a image search for "martha stewart jail cell" brings up some amusing photo shops [worth1000.com] .

Re:...and suddenly (0)

Anonymous Coward | 1 year,27 days | (#44976807)

I've always had respect for Martha, yes she may be a bit of an elitist bitch, but she taught a generation of people (women and men) to cook and garden and fix up their houses, and she did it in a way that was accessible. She also paid the price for her arrogance and moved on. If she is willing to fight back against the trolls and stand up to their demands, It's a good thing!

OMFG NO!!!!

The Queen of the Kitschen's cookbooks have recipes that are HORRIBLE. I once heard a really good French pastry chef say he'd want a bunch of Martha Stewart cookbooks if he were to be stranded at the South Pole. So he could have something otherwise completely useless to burn.

There is a big base at the south pole (0)

cheekyboy (598084) | 1 year,27 days | (#44977095)

That french chef is a looser, there is a big base there, no need to burn any books. Just walk inside and its warm.

What a doofus, the base is not french either haha.

Besides special meals, who eats french stuff daily? and french fries are not it.

And btw, Marthas history is Polish, so maybe the French dont like the Eastern Europe food.

Re:There is a big base at the south pole (2)

brantondaveperson (1023687) | 1 year,27 days | (#44977253)

who eats french stuff daily?

Er. The French?

Re:...and suddenly (-1)

Anonymous Coward | 1 year,27 days | (#44977469)

A French guy being an elitist asshole, imagine that!

Re:...and suddenly (1)

Carewolf (581105) | 1 year,27 days | (#44977957)

A French guy being an elitist asshole, imagine that!

They do it better than Martha though, you must admit?

Re:...and suddenly (5, Insightful)

DarkFencer (260473) | 1 year,27 days | (#44976733)

I always had sympathy for her after her jail sentence. She went to jail for a MINOR insider trading case (where they couldn't even prove that, just obstruction of justice), while those who collapsed the economy got off scot free.

Hope her company drives the patent trolls into the ground. And then she decorates the grave with some potpourri warning signs to other trolls or some such.

Re:...and suddenly (2)

techprophet (1281752) | 1 year,27 days | (#44976821)

At times I wonder if she even really did it or if someone framed her because she wouldn't give them a BJ. And then I take off my tin-foil hat....or do I?

Re:...and suddenly (2, Insightful)

Anonymous Coward | 1 year,27 days | (#44976953)

She went to jail for a MINOR insider trading case (where they couldn't even prove that, just obstruction of justice),

My understanding is that she went to jail for "lying" to Federal investigators, which is a felony. She said one thing, her stock broker said another. I suspect they wanted to teach her a lesson so they "believed" him and not her and off she went to the fed pen.

They couldn't prove insider trading simply because she wasn't an insider at that company. That is she had no business or employment relationship at the company in question. She merely owned stock, which she sold after talking to her broker. I understand she did know the president of the company, but that doesn't make her an insider.

I always thought it should have been her broker that should have served time. My understanding is she sold her stock based on his information and if that information was confidential, then wouldn't make him guilty of insider trading instead?

The feds and govt lie to us every day (4, Insightful)

cheekyboy (598084) | 1 year,27 days | (#44977119)

So its ok for the feds to lie to us, for fbi to lie, for Obama to lie, its ok for all politicians to lie to everyone daily.

Hey feds, the sky is red. Arrest me.

All of the SEC is spineless and corrupt and a in cahoots with the corp elite.

Re:The feds and govt lie to us every day (3, Insightful)

Anonymous Coward | 1 year,27 days | (#44977309)

Amen. She got busted because she was a successful woman. Not in the club, as George Carlin would say.

Re:The feds and govt lie to us every day (0)

Anonymous Coward | 1 year,27 days | (#44977869)

that's the tip of the iceberg. The republicans have been lying to us for ever. where do I start? Nuclear weapons in Iraq? That was a quite blatant catastrophic lie. death panels? odinga? birth cert? Not to metion the litany of massive lies from his majesty Ted Cruz mr pants on fire himself.. the bottom line is they lie. get used to it.

Re: The feds and govt lie to us every day (0)

Anonymous Coward | 1 year,27 days | (#44978595)

Don't ignore the Hypocrat liars, either. Imo they're worse.

Framed, because they had to get her for something (2)

bradley13 (1118935) | 1 year,27 days | (#44977979)

"Lying" to a federal investigator. Right.

This was an FBI interview. The only record allowed at an FBI interview are the FBI's notes. You are not allowed any other record. So the record can say whatever they want it to say after the fact.

The fed's started this high profile case against her, for whatever reason, and made a huge media splash. When it turned out that she hadn't actually done anything wrong, they were about to be left looking stupid. Can't have that, can we? So they nailed her on this completely irrelevant charge of having said something incorrect, during an interview where the only record was the set of notes taken by the people interviewing her.

Even if the notes are accurate, what's with prosecuting someone for saying something incorrect? It may be a lie, it may be merely a mistake. You are not under oath, often the FBI intimidates people into giving interviews without their lawyers present. It's a sick business.

Re:...and suddenly (1)

houghi (78078) | 1 year,27 days | (#44977841)

The fact that she went to jail and others went free are two unrelated things. Would you have less sympathy for her if the others also went to jail? Or if she also went free?

I personally do not care if she drives the patent trolls into the ground, unless it means there will be a serious change in the patent system.

Re:...and suddenly (1)

bill_mcgonigle (4333) | 1 year,27 days | (#44978685)

I always had sympathy for her after her jail sentence. She went to jail for a MINOR insider trading case (where they couldn't even prove that, just obstruction of justice), while those who collapsed the economy got off scot free.

Hey, but at least we're safer now that Martha has lost the privilege to vote and defend herself with arms.

Seriously, though, we can probably count on one hand the number of people who believe that the system worked for the benefit of society in that case. When department stores proudly label their wares with a convicted felon's name, that tells you how much weight it really holds. If there's to be a new government, Martha's not going to be oppressed under it.

Re:...and suddenly (3, Funny)

Darinbob (1142669) | 1 year,27 days | (#44976767)

I think she's got an old shiv she can sharpen up for the fight.

Re:...and suddenly a new movie (0)

Anonymous Coward | 1 year,27 days | (#44977263)

Martha the Troll Killer
          Wild image in head of two lawyers chained together at feet. Lawyer nunchuks .

I'm with Lodsys on this one (0)

Anonymous Coward | 1 year,27 days | (#44976389)

Turns out patent trolls may actually be good for something.

Martha hates trolls (1)

Anonymous Coward | 1 year,27 days | (#44976413)

And that's a good thing.

Re:Martha hates trolls (3, Funny)

ScottCooperDotNet (929575) | 1 year,27 days | (#44976539)

But loves garden gnomes.

Martha Stewart suing Lodsys? (5, Funny)

sconeu (64226) | 1 year,27 days | (#44976415)

It's a *GOOD* thing...

Re:Martha Stewart suing Lodsys? (1)

amiga3D (567632) | 1 year,27 days | (#44976439)

.....a VERY good thing!

since we're talking (-1)

djupedal (584558) | 1 year,27 days | (#44976419)

How much to make Martha go away?

Re:since we're talking (1)

flaming error (1041742) | 1 year,27 days | (#44976465)

For USD $5000, I'll see to it that Martha Stewart won't visit you.

if you want to be rich you got to be a bitch (1)

Anonymous Coward | 1 year,27 days | (#44976433)

martha don't fuck around

This really *should* end well! (5, Insightful)

pla (258480) | 1 year,27 days | (#44976445)

Lodsys has finally encountered the perfect enemy - Queen bitch, completely self-absorbed, and very, very wealthy. Martha Stewart not only has the money, power, and influence to defend herself, but if she has taken personal offense to their tactics, she won't stop until she has completely and utterly destroyed Lodsys.

Yay!

Don't Mess With Martha (4, Insightful)

asifyoucare (302582) | 1 year,27 days | (#44976535)

By suing she's firmly announcing to other patent trolls that they'd be better off pursuing other targets. Sure, this one time action costs more than giving in, but it might be cheaper in the long run.

Re:Don't Mess With Martha (2)

Cstryon (793006) | 1 year,27 days | (#44976671)

It may cost more. But maybe she's also considering the principal of the matter. She could be thinking "this might cost me some money, but those (whatever language older....so nice women use) SOBs shouldn't get away with this". Plus it might give other trolls the idea that going after patents/sueing for bullshit claims may not always end in their favor. Kudos to her!

Re:Don't Mess With Martha (4, Insightful)

NoKaOi (1415755) | 1 year,27 days | (#44977045)

Plus it might give other trolls the idea that going after patents/sueing for bullshit claims may not always end in their favor. Kudos to her!

In the bigger picture, it will only make a difference if the people responsible for Lodsys's antics are held personally responsible. Otherwise a troll isn't really going to care if their company goes under as long as they walk away with some money in the meantime.

Re:Don't Mess With Martha (3, Insightful)

Esion Modnar (632431) | 1 year,27 days | (#44977233)

When it comes to patent trolls, you have not only to get their planes, but also target their parachutes. Total war.

Re:Don't Mess With Martha (2)

camperdave (969942) | 1 year,27 days | (#44978603)

Sadly, it does nothing to prevent another planeful from taking off. You need to target the airport that is allowing them to get off the ground in the first place: the patent system.

Re:Don't Mess With Martha (1)

jthill (303417) | 1 year,27 days | (#44978669)

When it comes to patent trolls, you have not only to get their planes, but also target their parachutes

Google gets no hits on that phrase. Yours?

Re:Don't Mess With Martha (0)

Anonymous Coward | 1 year,27 days | (#44977335)

Patent trolls can only be held personally responsible if they were established as a sole proprietorship. That's not very likely. Sue a corporation, and the worst that will happen is it files for bankruptcy. Even assholes have legal protections.

Re:Don't Mess With Martha (1)

k.a.f. (168896) | 1 year,27 days | (#44978121)

In other words, patent trolls will now expend more effort on attacking the rest of us who are not phenomenally wealthy. Certainly Martha Stewart has every right to defend herself, and I'l probably cheer when she wins - but the outcome isn't really one we can be glad about.

Re:Don't Mess With Martha (1)

cduffy (652) | 1 year,27 days | (#44978609)

If she gets the patents thrown out, that's good for everyone, rest of us included.

Re:This really *should* end well! (2)

solarium_rider (677164) | 1 year,27 days | (#44976589)

...and she has experience with the US legal system!

Re:This really *should* end well! (1)

Anonymous Coward | 1 year,27 days | (#44976633)

Her and Ice Cube [youtube.com] both!

Re:This really *should* end well! (1)

fatwilbur (1098563) | 1 year,27 days | (#44976853)

I'm not sure it will really matter in the end.

Why wouldn't the company, if it saw itself getting close to losing, simply withdraw and sell it's "assets" (patents) to some other shell company and simply start the game all over again under a different entity?

Re:This really *should* end well! (0)

Anonymous Coward | 1 year,27 days | (#44977277)

For once I'll say " Get em Martha".

Patents are broken (0)

GlennWaller1963 (689008) | 1 year,27 days | (#44976453)

Patents are broken, Maybe an attack from this co. will help speed up the demise of US patent law for good.

It's only for the rich and powerful to abuse!

Another Myhrvold front (5, Informative)

oldhack (1037484) | 1 year,27 days | (#44976459)

Wouldn't you know it, Lodsys is one of Myhrvold's shell entities.

Re:Another Myhrvold front (0)

Anonymous Coward | 1 year,27 days | (#44976561)

Wouldn't you know it, Lodsys is one of Myhrvold's shell entities.

Maybe Martha will have one of her buddies from prison bust a cap
on little fat boy Nathan's ass.

Say what you will about Martha Stewart: ... (1)

Anonymous Coward | 1 year,27 days | (#44976477)

... she seems to do the right thing.

Caught for insider trading? Goes to jail and takes it like a man (so to speak).

Unjustified patent lawsuit filed against her? Takes out the trash.

Re:Say what you will about Martha Stewart: ... (-1)

Anonymous Coward | 1 year,27 days | (#44976841)

... she seems to do the right thing.

Caught for insider trading? Goes to jail and takes it like a man (so to speak).

Unjustified patent lawsuit filed against her? Takes out the trash.

Well, that's better than a man going to jail and taking like a woman.

Re:Say what you will about Martha Stewart: ... (0)

Anonymous Coward | 1 year,27 days | (#44977305)

yay another prison rape joke. so you funny.

Re:Say what you will about Martha Stewart: ... (1)

bfandreas (603438) | 1 year,27 days | (#44977739)

Nope. The judge threw out the insider trading charges first thing in the morning.

She got jailed for Obstruction Of Justice(aka we caught you at a dishonesty while investigating you for a non-crime). Whenever you read charges like Obstruction, Wire/Mail Fraud, Consiparcy,... in a federal case then you read about the DoJ being a dick. They ain't got nothing, count on jury stupidity and plea bargains. Whatever DA gets results that way is not fit to run for a higher office since he took a huge dump on what justice is supposed to be all about.

Go Martha gobble... (3, Funny)

gwstuff (2067112) | 1 year,27 days | (#44976509)

Go Martha go-bble, yum, sorry, can't speak with my mouth full. Mouth watering. Delicious. Wow!

MS Lawsuit (0)

Anonymous Coward | 1 year,27 days | (#44976557)

Look at Myrhvold and he just plain old LOOKS shady. I hope Martha Stewart can bring his extortion ring down a notch. Of course, to solve the patent trolling of myrhvold, the Feds need to change the judges and magistrates in the East Texas District Court. I have always wondered why cases are there when parent companies are in Canada or Ca or Washington, etc. Never liked Martha Stewart, but, YOU GO GIRL

Re:MS Lawsuit (1)

shentino (1139071) | 1 year,27 days | (#44977069)

Federal judges are presidential appointments that can only be impeached by the same congress critters that are feeding from corporate troughs.

Think about this.

Patents need to describe significant inventions (5, Interesting)

MetalOne (564360) | 1 year,27 days | (#44976587)

It seems to me that congress needs to revise the rules for obtaining and holding patents. I think that if the subject being patented can be recreated simply by having seen it in action or by a reading of the requirements, then it does not deserve a patent. So stuff like one-click or side to unlock would be excluded. There needs to be real hard work put forth on something before it should be considered an invention. We need to stop patenting mere ideas and obvious stuff. The hard work part should not be based on how hard the patent holder worked, but on how hard a challenger to the patent would have to work. I do think a good system of rules would be hard to develop. The system should not be easily gamed. If it proves too difficult to write such a set of rules, then it seems to me that having a patent system is bad idea. Furthermore, most all inventions are going to be incremental improvements. Most fields have lots of people working in them. So if the increment of improvement is small and there are many people in the field, then clearly it won't be much work for others to achieve the same result, and hence the first to file concept seems grossly unfair. So now you have to decide what is a significant enough increment for something to warrant a patent. Perhaps if you have a mind like Tesla one could truly invent something stunning, but even then I have my doubts, for every Tesla there seems to a Marconi.

Re:Patents need to describe significant inventions (0)

Anonymous Coward | 1 year,27 days | (#44976691)

It seems to me that congress needs to revise the rules for obtaining and holding patents.

They could, but I hold the patent on revising the rules for obtaining and holding patents by method of legislature of elected representatives, and they're not paying for a license.

Re:Patents need to describe significant inventions (0)

Anonymous Coward | 1 year,27 days | (#44977333)

Hahahaha Congress can't even pass a budget bill and debt limit increase. What makes you think they can pass anything related to patent reform (especially considering the powerful lobbies out there)? Not gonna happen for a very long time--unfortunately.

Long-term thinking (5, Interesting)

Okian Warrior (537106) | 1 year,27 days | (#44976709)

This is an example of long-term thinking.

People only look at their personal short-term gain, with no thought about the long-term consequences. It's paying the Danegeld [wikipedia.org] , nothing less.

I read all the time about this-or-that injustice and oh! the outrage it sparks, but no one wants to do the right thing and fight because it's so hard!

When a cop violates your civil rights, do you take him to court? If no one does, then cops feel free to do whatever they want, and rights violations are everywhere.

When the BSA (business software alliance) demands to search your office without a warrant, when the RIAA offers to settle for less than the court costs, when the border patrol stops and searches your car, or when patent trolls demand license fees, it's all the same: bullies feel free to operate, it's the Danegeld in another form.

If people stood up for their rights and took the bullies to task, there would be a lot less bullying. It would be expensive for the first few people, but in the long run it would be better for everyone. Consider it an investment in your childrens' future: if you fight now, they won't have to fight later.

Next time you read about an injustice, think about what the victim could do to take the bullies to task. Then ask "why didn't they do that?"

Re:Long-term thinking (4, Insightful)

Anonymous Coward | 1 year,27 days | (#44977149)

>Next time you read about an injustice, think about what the victim could do to take the bullies to task. Then ask "why didn't they do that?"

They answer is simple. The victim didn't have the financial resources to fight back. Justice in America is strictly pay-for-play.

Re:Long-term thinking (2)

Nivag064 (904744) | 1 year,27 days | (#44977179)

Rudyard Kipling got it right:

http://www.poetryloverspage.com/poets/kipling/dane_geld.html [poetryloverspage.com]
[...]
And that is called paying the Dane-geld;
    But we've proved it again and again,
That if once you have paid him the Dane-geld
    You never get rid of the Dane.
[...]

Re:Long-term thinking (0)

Anonymous Coward | 1 year,27 days | (#44977319)

I think that's quoted too much. It has value when you can fight, but if the Dane's stronger than you, you die.

Re:Long-term thinking (2)

Nemyst (1383049) | 1 year,27 days | (#44977283)

Usually, because "doing the right thing" is not rewarded by society. You maybe potentially would win something, probably not enough to recoup costs, and for most people you couldn't even go the entire way through before finding your entire life in ruins thanks to the runaway costs of the legal system. I'd be happy doing the right thing, but not if it costs me everything in the process.

Note that there's a reason why trolls like Lodsys only sue small companies or even individuals. You never hear about them so they can't garner support and they don't have enough money to actually fight it out, so they just settle out of court and Lodsys can happily cash in. It's when a troll attacks a large company (or the rare small company with a lot of guts and the ability to kick a fuss and have it be heard) that things heat up.

Operation Save Face (-1)

Anonymous Coward | 1 year,27 days | (#44976773)

Obviously she got more flack for her rant about her dropping her iPad then she thought her drunkenness could handle. My advice to her is to keep pounding nails in to potatoes and keep out of how reality works. http://www.marthastewart.com/316841/baked-potato [marthastewart.com]

Martha Stewart Laptop (0)

Anonymous Coward | 1 year,27 days | (#44977021)

I want one!

App apper apps the wrong app (0)

Anonymous Coward | 1 year,27 days | (#44977027)

and gets apped.

A first for me, respect for Martha Stewart Living (1)

mcohrs (1044844) | 1 year,27 days | (#44977129)

The temperature on the river Styx must have plummeted. I have found respect for respect for Martha Stewart Living. What next, a rational health plan from tea baggers?

Hopefully they sue an even worse person... (0)

Anonymous Coward | 1 year,27 days | (#44977171)

Who puts out a hit on the execs of the troll company

There really ought to be sane patent licensing. (1)

beachdog (690633) | 1 year,27 days | (#44977383)

At the heart of the patent licensing issue is the relatively unlimited ability of the patent holder to ask for exhorbitant patent license fees.

To turn that around, the legal design problem is to define a reasonable statutory patent license fee that can reasonably fit with the public purpose of the Constitution's patent clauses.

Taking the F.O.B. wholesale price of any product (such as a cell phone or computer), I think the fair statutory patent license fee is 1.5%. That 1.5% would be shared equally with each of the agents for each patent listed in the headerfile or nameplate. If the product is free software, no fee is collected. If somebody sells the software, then the 1.5% fee would be due.

Why is the the patent license fee so low? The novelty of a patent is over when it is published. Patents in the software and business systems realm deteriorate as fast as any business software system. Massive parallel re-invention is very common because of the many documentation types and source code languages used to describe software and business systems. Reciprocally, massive over claiming of patents is very common because any patent attorney can add plausible extension language to any patent no matter how limited or constrained the scope of the original reduction to practice.

Re:There really ought to be sane patent licensing. (0)

Anonymous Coward | 1 year,27 days | (#44977557)

The word is "exorbitant". No "h".

I can't understand why you Yanks keep putting an "h" in it. Possibly for the same reason that you can't pronounce "caramel" or "solder"...

Patents like trademarks (1)

jklovanc (1603149) | 1 year,27 days | (#44977487)

I think it would be interesting if patents were treated a bit more like trademarks in that if you don't defend them you lose them. it may stop a few things from happening;
1. Waiting till a product gets widely accepted and then suing. If you don't sue withing a certain number of years the patent is dead.
2. Picking on the small guys who do not have the money to defend themselves. Require patent holder to sue all patent violators or the patent is dead.
The main issue is would the patent holder know about the infringement. In many cases it would be easy but harder in others. The second point would allow the target of the lawsuit to bring in other bigger players to help defend against bad patents.

laches - Re:Patents like trademarks (1)

Anonymous Coward | 1 year,27 days | (#44978413)

This *is* the case with patents. read up on "laches"

The problem is that it costs significant sums of money to go into court to show that the holder did not diligently purse infringers.

Patents on a concept (1)

GameboyRMH (1153867) | 1 year,27 days | (#44978113)

In-app purchases and feedback reviews aren't technologies, they are concepts.

Well Done (1)

jbrohan (1102957) | 1 year,27 days | (#44978119)

This is very good. The small fry that the trolls target cannot do this. Go Bite them hard!
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