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Author Topic: Will this approach work against copyright trolls as well  (Read 3298 times)

stinger

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Will this approach work against copyright trolls as well
« on: September 19, 2013, 03:02:45 PM »
I just came across an interesting article that I had to share.

http://venturebeat.com/2013/09/17/findthebest-sues-patent-trolls-under-anti-mafia-rico-act/

Kevin O’Connor, FindTheBest‘s CEO and founder is using RICO laws, originally passed to deal with organized crime, to put a stop to patent trolling.  Will it work?  Only time will tell.  But their are some interesting similarities to copyright trolling.  Here are a few out takes, but I recommend you read the whole article.

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Patent trolls described
O’Connor described patent trolls as the “parasites” of the tech industry. They are generally shell corporations that buy up patents, not to use them in business, but merely to file lawsuits against other companies that allegedly infringe upon them. The patents are often extremely vague and the suits “frivolous,” O’Connor said. However, defending a lawsuit in court is so expensive that companies will write settlement checks, regardless of the validity of the claims.

I am betting most of us can see some similarities to copyright trolls.

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Why he is doing it
“Business isn’t always about making money,” O’Connor said. “It’s also about doing what’s right, which is why I am using my own money. Most startups don’t have that luxury, but we are getting a ton of support. I am not sure if we are going to see a fix, but I don’t like this uncertainty. These court cases have doubled in the past few years, and they will double again. When does it end?”

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How he is doing it
Rather than just defending his company in court, he is filing a civil RICO suit against Lumen for engaging in mail fraud, wire fraud, and extortion, “attacking the defendant’s attempts to extort money out of the company based upon false, objectively unreasonable, and baseless claims of patent infringement.”

With the statistics that we are beginning to compile on Getty, the shoe just might fit here.

What do you all think?
« Last Edit: September 19, 2013, 03:20:00 PM by stinger »

Robert Krausankas (BuddhaPi)

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Re: Will this approach work against copyright trolls as well
« Reply #1 on: September 19, 2013, 04:00:24 PM »
oh the shoe fits, which is why Getty and their cohorts prefer to fly under the radar as much as possible.. The likes of Prenda Law could be making millions, but they chose to file a shitload of law suits, thus exposing themselves, same with the now defunct Righthaven. Getty is very careful to not step over the line, but I firmly believe if we keep up the fight we'll reach a tipping point, and truly expose those asswipes.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
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Lettered

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Re: Will this approach work against copyright trolls as well
« Reply #2 on: September 26, 2013, 05:49:06 PM »
Stinger,

I can definitely see the similarities.  What they have in their favor, that I haven't seen against Getty is:

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O’Connor pledged $1 million of his own money to fight this battle in court.

“Business isn’t always about making money,” O’Connor said. “It’s also about doing what’s right, which is why I am using my own money.

Read more at http://venturebeat.com/2013/09/17/findthebest-sues-patent-trolls-under-anti-mafia-rico-act/#mqGbueX30mQKlGk2.99

Greg Troy (KeepFighting)

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Re: Will this approach work against copyright trolls as well
« Reply #3 on: September 26, 2013, 11:51:37 PM »
Good article and good find, thanks Stinger!
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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stinger

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Re: Will this approach work against copyright trolls as well
« Reply #4 on: September 28, 2013, 11:33:26 AM »
Lettered:  I am not sure $1,000,000 would get the job done against Getty.  I really would like to know how much of their annual revenue is the direct result of trolling activity.

 

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