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This reminds me about how important it is to have a solid lawyer, and an understanding of the legal ecosystem. Even in cases like this with typos, "respond in t
by kevinalexbrown 13y ago
This reminds me about how important it is to have a solid lawyer, and an understanding of the legal ecosystem. Even in cases like this with typos, "respond in ten (10) days" can be quite intimidating, especially when there's a money/legal power asymmetry.
In one such case, Monster Cable issued a C&D to a much smaller, Blue Jeans Cable. The founder actually worked in litigation for 19 years and I found this portion of his response informative:
I have seen Monster Cable take untenable IP positions in various different scenarios in the past, and am generally familiar with what seems to be Monster Cable's modus operandi in these matters. I therefore think that it is important that, before closing, I make you aware of a few points.
After graduating from the University of Pennsylvania Law School in 1985, I spent nineteen years in litigation practice, with a focus upon federal litigation involving large damages and complex issues. My first seven years were spent primarily on the defense side, where I developed an intense frustration with insurance carriers who would settle meritless claims for nuisance value when the better long-term view would have been to fight against vexatious litigation as a matter of principle. In plaintiffs' practice, likewise, I was always a strong advocate of standing upon principle and taking cases all the way to judgment, even when substantial offers of settlement were on the table. I am "uncompromising" in the most literal sense of the word. If Monster Cable proceeds with litigation against me I will pursue the same merits-driven approach; I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds. As for signing a licensing agreement for intellectual property which I have not infringed: that will not happen, under any circumstances, whether it makes economic sense or not.
There are several obvious points to be made here, but there's a subtle one, too. These hit-and-run settlements depend fundamentally on the compliance of isolated companies. If a larger organization asserts control over a smaller one (like the township-->$3.17 website, here, or on a larger scale Monster-->Blue Jeans), it often does make "economic sense" to settle.
It's almost a negative version of the Tragedy of the Commons / Public Goods Dilemma. If every small company stood up and said "no, we will not settle" then there would be far less incentive to pursue bogus infringement claims. On the other hand, it always, locally, makes sense not to challenge claims and let some other small company deal with it.
This brings me to one broader point, and that's the idea of standing for something on principle. I don't mean this in the sense of "be a moral person", but in the sense of larger organizations assuming (often correctly) that the short-term economic sense of individual actors will outweigh any principled objections they hold to the circumstances imposed by the power asymmetry. Cultivation of principles which favor the latter instead of the former course of action might be a good solution to the public goods dilemma outside of a difficult to ensure coordination of action.
It's worth thinking about this in the context of Google and its recent stance against an entity with an enormous amount of legal power.
http://www.audioholics.com/news/industry-news/blue-jeans-strikes-back http://www.audioholics.com/news/industry-news/blue-jeans-str...
- timc3 13y agoExcellent stuff, and so are Blue Jeans cables.
- jarrett 13y ago> On the other hand, it always, locally, makes sense not to challenge claims and let some other small company deal with it. I would argue in favor of fighting back in most cases, even from a local standpoint. "Millions for defense, but not one cent for tribute." How you behave towards bullies sends a powerful signal to other bullies. Your response can either encourage more bullying, and thus a cycle that ends in your own destruction, or ward them all off. I very much agree with your comments overall, though.
- zem 13y agoKipling put it well: It is wrong to put temptation in the path of any nation, For fear they should succumb and go astray; So when you are requested to pay up or be molested, You will find it better policy to say: -- "We never pay any-one Dane-geld, No matter how trifling the cost; For the end of that game is oppression and shame, And the nation that pays it is lost!"
- omegant 13y agoAwesome!, thank you.
- zem 13y agowelcome. leslie fish has a great musical setting of the poem on her "cold iron" album (highly recommended if you're a kipling fan at all). this one's not up on youtube, sadly, but http://www.youtube.com/watch?v=6gYvS8L0nDY http://www.youtube.com/watch?v=6gYvS8L0nDY is her (also great) setting of "rimini" from "puck of pook's hill", which should give you some idea of her style.
- rustynails77 13y agoThis is an ideal time to bring up the Mongols. Anyone in Eastern Europe that paid the Mongol tax still exists. The inverse can be said for those that didn't pay, or decided to fight. http://en.wikipedia.org/wiki/Destruction_under_the_Mongol_Empire#Strategy http://en.wikipedia.org/wiki/Destruction_under_the_Mongol_Em... I respect Kipling's quote - but history shows YMMV. If in doubt, just ask why you don't hear of the Khwarezmid Empire - who were one of the biggest empires around at the time of the Mongols.