4 ms·
It might warm your heart, but this is not a success story. It shouldn't take a judge noticing malicious intent to stop this kind of behavior. In fact, intent,
by shasta 16y ago
It might warm your heart, but this is not a success story. It shouldn't take a judge noticing malicious intent to stop this kind of behavior. In fact, intent, malicious or otherwise, shouldn't matter. The system should be fixed so that filing any frivolous suit is an expected loss. Noticing and dealing with the worst offenders who are filling loads of frivolous claims is just a kludge fix.
- ascendant 16y agoYou're right, and I feel this is a step in the right direction.
- jacques_chester 16y agoMany jurisdictions have torts for abuse of process or malicious prosecution. The trick is proving it. (IANAL, this isn't legal advice).
- rdtsc 16y agoJust wondering, why did you bother adding the IANAL. You just don't want a fellow HNer to take the advice, run with it and possibly end up in trouble, or are you worried that someone will claim you as their lawyer, trace your IP and somehow end up messing with you?
- jacques_chester 16y agoLawyers enjoy "advocate's immunity", while I as a mere ex-law student do not. If someone relies on my advice I may be on the hook in the case that it is wrong. My only defence would be "but your honour, I pointed out that I am not a lawyer". It's tedious, but if there's one and only one thing that law taught me, it's a habit of professional paranoia.
- rdtsc 16y agoThanks for explaining. Interestingly do you know of any cases where someone had gotten in trouble giving such an advice over the internet? Also, you mentioned that as an ex-law student you must be careful? Is there any special status associated with ever studying law that makes you more susceptible to such charges rather than say, if you had studied history or math? > if there's one and only one thing that law taught me, it's a habit of professional paranoia. You might make a good security researcher then ;-)
- jacques_chester 16y agoI'm not aware of any such cases, and no, law students are not afforded special status. However most freshers / 1Ls are repeatedly warned to keep. their mouths. shut. by the lecturers. In most professions, sophomorism is annoying bordering on cute; in law it's a potential fast track to ruination. In short: To give unqualified advice, you must first be qualified.
- CWuestefeld 16y agoThe system should be fixed so that filing any frivolous suit is an expected loss. Maybe, but that's off-topic. I don't think anybody is claiming that this is "frivolous". It's a real case, based on alleged violation of real laws. There's a real question at stake, whether the defendant's usage of the IP was Fair Use.