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PostPosted: Tue Jan 21, 2014 1:19 pm 
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Hank Scorpio wrote:
Boilermaker Rick wrote:

Imagine I sued you for something with the only idea to get you to settle out of court with me because I have more money to spend on legal fees(funded by previous litigation).


Well I would call you an asshole but if you were legally entitled to do so, then I would probably be screwed.
I don't think anyone is arguing that you can't legally sue someone.

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PostPosted: Tue Jan 21, 2014 1:20 pm 
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Hank Scorpio wrote:
THis isnt blackmail. They own patents.
Can you verify you are being serious here?

Because, 30 minutes ago you didn't even know what a patent troll was.

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PostPosted: Tue Jan 21, 2014 1:23 pm 
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Boilermaker Rick wrote:
Hank Scorpio wrote:
THis isnt blackmail. They own patents.
Can you verify you are being serious here?

Because, 30 minutes ago you didn't even know what a patent troll was.


Right. I scanned through the article and got the gist of it.

Do they own the patents or not? Seems pretty clear cut to me. If they do, they are legally entitled to sue. If they dont then it is a bullshit lawsuit.

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PostPosted: Tue Jan 21, 2014 1:24 pm 
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Boilermaker Rick wrote:
Hank Scorpio wrote:
Boilermaker Rick wrote:

Imagine I sued you for something with the only idea to get you to settle out of court with me because I have more money to spend on legal fees(funded by previous litigation).


Well I would call you an asshole but if you were legally entitled to do so, then I would probably be screwed.
I don't think anyone is arguing that you can't legally sue someone.


What are you arguing then?

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PostPosted: Tue Jan 21, 2014 1:29 pm 
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Hank Scorpio wrote:
Boilermaker Rick wrote:
Hank Scorpio wrote:
Boilermaker Rick wrote:

Imagine I sued you for something with the only idea to get you to settle out of court with me because I have more money to spend on legal fees(funded by previous litigation).


Well I would call you an asshole but if you were legally entitled to do so, then I would probably be screwed.
I don't think anyone is arguing that you can't legally sue someone.


What are you arguing then?

Hank Scorpio wrote:
I guess I dont see why they are trolls. If they have the patent, they are entitled to some compensation.


They are trolls, and they aren't entitled to compensation because even they know these patents aren't enforceable or applicable. I can sue you for slander and libel right now if I want. It doesn't mean I'm entitled to anything or that I'm not trolling for you to settle.

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PostPosted: Tue Jan 21, 2014 1:34 pm 
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I suppose the courts will decide if they are entitled to anything or not.

And if you sued me for slander or libel I would let it go to court and win my case.

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PostPosted: Tue Jan 21, 2014 1:35 pm 
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I would consider this issue on the same level as cyber-squatting, and hasn't that been outlawed as well?

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PostPosted: Tue Jan 21, 2014 1:37 pm 
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Hank Scorpio wrote:
And if you sued me for slander or libel I would let it go to court and win my case.
At great expense to yourself. If you had the option of either paying your lawyer up front $3,000 to take the case or give me $500 which would you choose?

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PostPosted: Tue Jan 21, 2014 1:40 pm 
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Boilermaker Rick wrote:
Hank Scorpio wrote:
And if you sued me for slander or libel I would let it go to court and win my case.
At great expense to yourself. If you had the option of either paying your lawyer up front $3,000 to take the case or give me $500 which would you choose?


I'd pay the lawyer. I'm sure there is some provision for a countersuit on frivolous lawsuits.

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PostPosted: Tue Jan 21, 2014 1:41 pm 
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Hank Scorpio wrote:
Boilermaker Rick wrote:
Hank Scorpio wrote:
And if you sued me for slander or libel I would let it go to court and win my case.
At great expense to yourself. If you had the option of either paying your lawyer up front $3,000 to take the case or give me $500 which would you choose?


I'd pay the lawyer. I'm sure there is some provision for a countersuit on frivolous lawsuits.
Sounds like you now understand why they are trolls and why they aren't entitled to compensation.

You are now just saying "Someone should be allowed to file a frivolous lawsuit".

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PostPosted: Tue Jan 21, 2014 1:46 pm 
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Boilermaker Rick wrote:
]Sounds like you now understand why they are trolls and why they aren't entitled to compensation.

You are now just saying "Someone should be allowed to file a frivolous lawsuit".


Rick, but if the patent is legally in place, the trolls deserve compensation. I hate patent trolls, and pretty much the entire patent system as it stands today... but patents do serve a purpose. And as it stands today, the trolls are doing what they are legally allowed to do.


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PostPosted: Tue Jan 21, 2014 1:47 pm 
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Hank Scorpio wrote:
rogers park bryan wrote:
Hank Scorpio wrote:
rogers park bryan wrote:
Did you actively decide to start posting as ignorantly as you can?


You couldnt be further away from the reality of the situation.


Are you just taking up for the rich guy here, because of how unfair everything is to him?


Are you going to donate to Carolla so he can battle these rich people? I know how broke Carolla is...

I might. I like listening to podcasts for free. If I can help keep it free, I will.


Hank Scorpio wrote:
I'm just saying that these people are legally in the right. They sound like assholes but what can you do. They are gaming the system. Fix the system.

The system is being fixed.

You seem to be saying "If it's legal, it's ok"

That's a terrible way to think.


If Blackmail wasnt specifically illegal, would you also be cool with that?


No, I'm saying they found a loophole and are using it. It isnt right but you cant pick and choose which patents will be honored based on if someone is being a DB.

Sure you can. If the person is actually using the patent, it's good. If they bought it with the idea to sue someone later, its not.

Hank Scorpio wrote:
[THis isnt blackmail. They own patents.

I didnt say or imply it was. Im saying if Blackmail was legal, you'd be arguing that its ok because its legal


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PostPosted: Tue Jan 21, 2014 1:48 pm 
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Boilermaker Rick wrote:
Hank Scorpio wrote:
Boilermaker Rick wrote:
Hank Scorpio wrote:
And if you sued me for slander or libel I would let it go to court and win my case.
At great expense to yourself. If you had the option of either paying your lawyer up front $3,000 to take the case or give me $500 which would you choose?


I'd pay the lawyer. I'm sure there is some provision for a countersuit on frivolous lawsuits.
Sounds like you now understand why they are trolls and why they aren't entitled to compensation.

You are now just saying "Someone should be allowed to file a frivolous lawsuit".


No, they at least have a case. THey might lose in court but they do have a patent case. In your fake case against me, you are just making up slander and libel. Slander is spoken word so that doesnt make sense. Libel wouldnt apply because I dont think there are statements that hurt your character and I dont think your real name is Boilermaker Rick.... MAybe it is :lol:

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PostPosted: Tue Jan 21, 2014 1:49 pm 
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Bucky Chris wrote:
Boilermaker Rick wrote:
]Sounds like you now understand why they are trolls and why they aren't entitled to compensation.

You are now just saying "Someone should be allowed to file a frivolous lawsuit".


Rick, but if the patent is legally in place, the trolls deserve compensation. I hate patent trolls, and pretty much the entire patent system as it stands today... but patents do serve a purpose. And as it stands today, the trolls are doing what they are legally allowed to do.

Patents purpose is not to make people with no inclination to use them rich.

The law is wrong. I dont think anyone is arguing the legality.


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PostPosted: Tue Jan 21, 2014 1:51 pm 
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Bucky Chris wrote:
Boilermaker Rick wrote:
]Sounds like you now understand why they are trolls and why they aren't entitled to compensation.

You are now just saying "Someone should be allowed to file a frivolous lawsuit".


Rick, but if the patent is legally in place, the trolls deserve compensation. I hate patent trolls, and pretty much the entire patent system as it stands today... but patents do serve a purpose. And as it stands today, the trolls are doing what they are legally allowed to do.
And?

Who is saying frivolous lawsuits can't be filed?

However, you are wrong they deserve compensation. They deserve compensation if they win. What they are doing is extortion. Now, maybe it is somewhat legal extortion but that doesn't mean I have to think it is right or fair.

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PostPosted: Tue Jan 21, 2014 1:52 pm 
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rogers park bryan wrote:
I didnt say or imply it was. Im saying if Blackmail was legal, you'd be arguing that its ok because its legal


If my aunt had balls she'd be my uncle. I'm not playing ifs, they legally own patents. They are suing people that are using them. Maybe it isnt morally right but it is legal.

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PostPosted: Tue Jan 21, 2014 1:54 pm 
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Boilermaker Rick wrote:
Hank Scorpio wrote:
I guess I dont see why they are trolls. If they have the patent, they are entitled to some compensation.
The problem is that they don't really have a patent that would win. They have a patent good enough to cost you a lot of money in legal fees fighting it. It's extortion.



I think that depends on what federal judge you got the case in front of. This is a topic I know intimately. I raised over $2 million in venture capital for a firm called IPDN (previously Microtome) that foresaw e-readers and digital downloads as far back as the 80s and developed a family of process patents covering the field.

Obviously, we didn't have the resources to get into a legal battle with the likes of Samsung or Motorola, but from their standpoint it should make more sense to pay a nominal licesning fee. That was supposed to be our business model. You are free to call it "extortion" if you like, but the patents are legitimate and took much time, effort, and money to develop. The case law supporting their validity can be found in the courts upholding similar process patents in the agricultural field.

Unfortunately, the patent developer went behind the back of the Board of Directors and tried to bully a company called iOmega. We didn't have the funds to follow through.

It was also through my association with this firm that I had the misfortune to meet the most vile cocksucker with whom I have ever had a business relationship, a real douchebag of a professor from SIU named Pierre Barrette. At one Board meeting in St. Louis he provided all the directors with copies of Who Moved My Cheese. After the meeting I packed up my shit and got ready to head out to the airport. As I was walking out he called, "Bob, you forgot your book." I said, "No, I didn't. School's out. I don't take reading assignments these days."

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PostPosted: Tue Jan 21, 2014 1:55 pm 
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Hank Scorpio wrote:
No, they at least have a case. THey might lose in court but they do have a patent case. In your fake case against me, you are just making up slander and libel. Slander is spoken word so that doesnt make sense. Libel wouldnt apply because I dont think there are statements that hurt your character and I dont think your real name is Boilermaker Rick.... MAybe it is :lol:
You don't seem to understand that they don't really have a case. They simply tie up the legal system and make it expensive for both sides. They attack people and companies without major cash flow and simply tie them up in litigation. I could do the same thing to you. When you are looking at either $10,000 of legal bills or a $500 check to Boilermaker Troll Inc. you'll pay the $500.

If they have a case, then they aren't patent trolls! You seem to think patent trolling and patent enforcement are the same thing. They aren't.

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PostPosted: Tue Jan 21, 2014 1:55 pm 
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Boilermaker Rick wrote:
Now, maybe it is somewhat legal extortion but that doesn't mean I have to think it is right or fair.


I'm not telling you to think it is. I'm just saying that the people are legally in their rights to do so. If the courts decide they are right they should be compensated.

People are complaining that they buy up these patents from failing companies. That happens all the time in business, people buy buildings and machinery from failing compaines. THey use it to make money. Same thing here. It just is a dirty sort of way to do it.

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PostPosted: Tue Jan 21, 2014 1:56 pm 
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Hank Scorpio wrote:
rogers park bryan wrote:
I didnt say or imply it was. Im saying if Blackmail was legal, you'd be arguing that its ok because its legal


If my aunt had balls she'd be my uncle. I'm not playing ifs, they legally own patents. They are suing people that are using them. Maybe it isnt morally right but it is legal.

Its not a What if game.

You are espousing the idea "if it's legal= it's fair"


I disagree.


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PostPosted: Tue Jan 21, 2014 1:57 pm 
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Boilermaker Rick wrote:
Hank Scorpio wrote:
No, they at least have a case. THey might lose in court but they do have a patent case. In your fake case against me, you are just making up slander and libel. Slander is spoken word so that doesnt make sense. Libel wouldnt apply because I dont think there are statements that hurt your character and I dont think your real name is Boilermaker Rick.... MAybe it is :lol:
You don't seem to understand that they don't really have a case. They simply tie up the legal system and make it expensive for both sides. They attack people and companies without major cash flow and simply tie them up in litigation. I could do the same thing to you. When you are looking at either $10,000 of legal bills or a $500 check to Boilermaker Troll Inc. you'll pay the $500.

If they have a case, then they aren't patent trolls! You seem to think patent trolling and patent enforcement are the same thing. They aren't.



Thanks your honor!! I didnt know you were a judge.

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PostPosted: Tue Jan 21, 2014 1:58 pm 
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Joe Orr Road Rod wrote:
Boilermaker Rick wrote:
Hank Scorpio wrote:
I guess I dont see why they are trolls. If they have the patent, they are entitled to some compensation.
The problem is that they don't really have a patent that would win. They have a patent good enough to cost you a lot of money in legal fees fighting it. It's extortion.



I think that depends on what federal judge you got the case in front of. This is a topic I know intimately. I raised over $2 million in venture capital for a firm called IPDN (previously Microtome) that foresaw e-readers and digital downloads as far back as the 80s and developed a family of process patents covering the field.

Obviously, we didn't have the resources to get into a legal battle with the likes of Samsung or Motorola, but from their standpoint it should make more sense to pay a nominal licesning fee. That was supposed to be our business model. You are free to call it "extortion" if you like, but the patents are legitimate and took much time, effort, and money to develop. The case law supporting their validity can be found in the courts upholding similar process patents in the agricultural field.

Unfortunately, the patent developer went behind the back of the Board of Directors and tried to bully a company called iOmega. We didn't have the funds to follow through.

It was also through my association with this firm that I had the misfortune to meet the most vile cocksucker with whom I have ever had a business relationship, a real douchebag of a professor from SIU named Pierre Barrette. At one Board meeting in St. Louis he provided all the directors with copies of Who Moved My Cheese. After the meeting I packed up my shit and got ready to head out to the airport. As I was walking out he called, "Bob, you forgot your book." I said, "No, I didn't. School's out. I don't take reading assignments these days."



Dont tell the Judge this. Rick is well versed in all matters of the law. These people have no case.

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PostPosted: Tue Jan 21, 2014 1:59 pm 
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Hank Scorpio wrote:
People are complaining that they buy up these patents from failing companies. That happens all the time in business, people buy buildings and machinery from failing compaines. THey use it to make money. Same thing here. It just is a dirty sort of way to do it.

Not close to the same thing.

Unless the companies are not actually after the buildings and hoping for a lawsuit settlement.


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PostPosted: Tue Jan 21, 2014 2:00 pm 
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Hank Scorpio wrote:
Joe Orr Road Rod wrote:
Boilermaker Rick wrote:
Hank Scorpio wrote:
I guess I dont see why they are trolls. If they have the patent, they are entitled to some compensation.
The problem is that they don't really have a patent that would win. They have a patent good enough to cost you a lot of money in legal fees fighting it. It's extortion.



I think that depends on what federal judge you got the case in front of. This is a topic I know intimately. I raised over $2 million in venture capital for a firm called IPDN (previously Microtome) that foresaw e-readers and digital downloads as far back as the 80s and developed a family of process patents covering the field.

Obviously, we didn't have the resources to get into a legal battle with the likes of Samsung or Motorola, but from their standpoint it should make more sense to pay a nominal licesning fee. That was supposed to be our business model. You are free to call it "extortion" if you like, but the patents are legitimate and took much time, effort, and money to develop. The case law supporting their validity can be found in the courts upholding similar process patents in the agricultural field.

Unfortunately, the patent developer went behind the back of the Board of Directors and tried to bully a company called iOmega. We didn't have the funds to follow through.

It was also through my association with this firm that I had the misfortune to meet the most vile cocksucker with whom I have ever had a business relationship, a real douchebag of a professor from SIU named Pierre Barrette. At one Board meeting in St. Louis he provided all the directors with copies of Who Moved My Cheese. After the meeting I packed up my shit and got ready to head out to the airport. As I was walking out he called, "Bob, you forgot your book." I said, "No, I didn't. School's out. I don't take reading assignments these days."



Dont tell the Judge this. Rick is well versed in all matters of the law. These people have no case.

Its not Rick.

In this particular instance, they dont have a case. Legal minds outside of the CSFMB have confirmed this.


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PostPosted: Tue Jan 21, 2014 2:01 pm 
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NearWessSideHussra wrote:
as long as the patent holders can get their case in front of a jury, they have a shot:

http://gigaom.com/2012/08/27/3-reasons- ... nt-system/

The patent trolls want $3 mil, Carolla should counter-offer for $2 mil and be done with it. He says legal fees are likely to run $1.5 mil to defend it. There's a shot they'll spend that and still lose
and end up having to pay a lot more, treble damages and what not.

But if he settles, every other podcast is fucked, dont you think?

Thats why I think they'll all (Mohr, Maron, NPR )get together and fight it


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PostPosted: Tue Jan 21, 2014 2:02 pm 
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Hank Scorpio wrote:
Boilermaker Rick wrote:
Now, maybe it is somewhat legal extortion but that doesn't mean I have to think it is right or fair.


I'm not telling you to think it is. I'm just saying that the people are legally in their rights to do so. If the courts decide they are right they should be compensated.

People are complaining that they buy up these patents from failing companies. That happens all the time in business, people buy buildings and machinery from failing compaines. THey use it to make money. Same thing here. It just is a dirty sort of way to do it.
You keep going back to "They have the right to sue". I have the right to sue you for anything I want. It doesn't mean it isn't extortion, wrong, and I don't deserve payment. You started this whole saying something like "They own a patent, they deserve to be paid". That is wrong. These are easily frivolous lawsuits. These people only want to settle. They will use any possible way to extend them into litigation for years.

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PostPosted: Tue Jan 21, 2014 2:07 pm 
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Hank Scorpio wrote:
Dont tell the Judge this. Rick is well versed in all matters of the law. These people have no case.
Well, I know what a patent troll is and didn't say "Don't want to read about it" so I have that going for me.

The definition of a patent troll is pretty straight forward. You still seem to think it is the same as patent enforcer. If JORR's company truly did develop something that could stand up in court then he isn't a patent troll. Much of this litigation has no actual chance of being enforced and they spread it all around knowing they'll get some money.

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PostPosted: Tue Jan 21, 2014 2:08 pm 
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Well I hope they all manage to get enough of you to donate to their cause and put up the good fight and that they win their case.

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PostPosted: Tue Jan 21, 2014 2:12 pm 
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It's exhausting going at it with RPB and Brick. :lol:

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PostPosted: Tue Jan 21, 2014 2:13 pm 
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Boilermaker Rick wrote:
Much of this litigation has no actual chance of being enforced and they spread it all around knowing they'll get some money.


Much of it? I thought none of them had a case. So some of the trolls are right and some are wrong? Now I'm even more confused...

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