4 ms·

If the facts are really so clear-cut, it sounds like your lawyer did not do a great job.

by beervirus 5y ago

jermaustin1 5y ago
My entire instruction was to do everything to avoid court. I didn’t want to get tied up in court.
- beervirus 5y ago
  If you have a license to the photograph, why not just send proof of that to the troll and threaten them with Rule 11 sanctions if they sue you? I have to think anybody with a brain would just drop it at that point.
  - jermaustin1 5y ago
    Our “license” was the “photographer“ replying to an email saying it could be posted on our blog. It was just a cellphone photo of Robert Pattinson in nyc. Troll wouldn’t even let me remove the post. Eventually they just took the loss and let me kill the site.
    - beervirus 5y ago
      What is a license except permission? They usually use fancy language, but that email might well have been plenty. I’d let them sue me and seek attorneys fees.
      - halostatue 5y ago
        So now you’ve gone from a claim for a few thousand to something where it’s going to cost you tens of thousands up front for court time _plus_ you have a chance of the judgement going against you despite the “permission” and now you’re on the hook for the original few thousand, _possibly_ the attorney fees of the troll, and _possibly_ some punitive judgement on top of it because you fought the “reasonable offer”. My wife has published some books. We have a contract _licence_ written out for the art we _bought_ the use of for the book covers. The licence wouldn’t be a perfect defence if something happened like this, but it is something stronger than an email permission.
        beervirus 5y ago
        Either there are facts not accurately recounted above, or the attorney did a shitty job. It’s as simple as that.
  - JoblessWonder 5y ago
    If they are anything like the litigious people I've dealt with, they won't back down. It doesn't matter if you have a clear-cut path to victory through the courts... they will still proceed, usually hoping for a settlement or some sort of insurance coverage. Unless you have an attorney on staff/retainer, it is a war of attrition and they always win. Better to stop the bleeding ASAP and just end it, even if that is a bitter pill to swallow.
- munk-a 5y ago
  I know there's a lot of backseat lawyering going on in this thread but you probably took precisely the right action. Patent trolls have war chests to weather the occasional lawsuit and it's likely they could've outspent you on appeals. There are many people two decades into civil suits that have experienced a level of pain you thankfully dodged. It is really regretful that the troll forced a full site take down but the legal system can be a harsh mistress - at least you're not penniless.

If the facts are really so clear-cut, it sounds like your lawyer did not do a great job.

jermaustin1 5y ago

My entire instruction was to do everything to avoid court. I didn’t want to get tied up in court.

beervirus 5y ago
If you have a license to the photograph, why not just send proof of that to the troll and threaten them with Rule 11 sanctions if they sue you? I have to think anybody with a brain would just drop it at that point.
- jermaustin1 5y ago
  Our “license” was the “photographer“ replying to an email saying it could be posted on our blog. It was just a cellphone photo of Robert Pattinson in nyc. Troll wouldn’t even let me remove the post. Eventually they just took the loss and let me kill the site.
  - beervirus 5y ago
    What is a license except permission? They usually use fancy language, but that email might well have been plenty. I’d let them sue me and seek attorneys fees.
    - halostatue 5y ago
      So now you’ve gone from a claim for a few thousand to something where it’s going to cost you tens of thousands up front for court time _plus_ you have a chance of the judgement going against you despite the “permission” and now you’re on the hook for the original few thousand, _possibly_ the attorney fees of the troll, and _possibly_ some punitive judgement on top of it because you fought the “reasonable offer”. My wife has published some books. We have a contract _licence_ written out for the art we _bought_ the use of for the book covers. The licence wouldn’t be a perfect defence if something happened like this, but it is something stronger than an email permission.
      - beervirus 5y ago
        Either there are facts not accurately recounted above, or the attorney did a shitty job. It’s as simple as that.
- JoblessWonder 5y ago
  If they are anything like the litigious people I've dealt with, they won't back down. It doesn't matter if you have a clear-cut path to victory through the courts... they will still proceed, usually hoping for a settlement or some sort of insurance coverage. Unless you have an attorney on staff/retainer, it is a war of attrition and they always win. Better to stop the bleeding ASAP and just end it, even if that is a bitter pill to swallow.
munk-a 5y ago
I know there's a lot of backseat lawyering going on in this thread but you probably took precisely the right action. Patent trolls have war chests to weather the occasional lawsuit and it's likely they could've outspent you on appeals. There are many people two decades into civil suits that have experienced a level of pain you thankfully dodged. It is really regretful that the troll forced a full site take down but the legal system can be a harsh mistress - at least you're not penniless.