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Also, unless they're following a different credo than the rest of the open source world, why are they complaining about "stealing" UI? I thought people in Open Source didn't believe in software patents?
Earlier quoted context omitted.
This is an inaccurate statement of the law. Chapter 17 of the United States Code goes into voluminous detail of that actual law. Actual damages includes costs saved by the infringer. Courts can also impose punitive damages, which is not necessarily a multiplier, as well as costs and attorney's fees. All of this assumes that US jurisdiction applies.
The infringer hasn't exactly saved any costs, now, has he?
I will also add that the plaintiff only needs to enter the infringer's gross revenues of the entire company into evidence. It is up to the infringer to justify deductible expenses from non-infringing business in order to arrive at the profits gained from infringement.
Once again, this is assuming the US has jurisdiction.
It seems strange to me that although Microsoft is the company at fault here many of the commentators seem to be basically praising Microsoft and blaming/deriding the guys whose code was plagiarized.
Microsoft did not steal the code. an Employee or contractor did. They, the individual(s) that stole the code is who is guilty here. As soon as Microsoft was made aware of the situation they pulled the offending code/software immediately.
Even I, as a co-founder of Plurk, have to write this press release myself. You poor dear. Look guys, quit while you're ahead. Everyone knows you are not going to sue Microsoft because the legal fees would be bigger than your market cap. The smart thing would be to take this down and say only that you're 'discussing it with them. Let MS takes you out on a date and give them some room to make it up to you. Sometimes th…
I agree with you. For the sake of completeness, what would Microsoft do if the tables were turned?
http://www.chinaipmagazine.com/en/journal-show.asp?id=429 http://www.gomyhosting.com/windows/html/managedhosting/505.h...
What would be interesting would be the brief that Microsoft China gave to the sub-contractor. Did they encourage the copyright infringement?
hah these guys are burning through their sympathy pretty damn quickly.
It's a bit of a train wreck. They're snatching defeat from the jaws of victory.
Earlier quoted context omitted.
Microsoft did not steal the code. an Employee or contractor did. They, the individual(s) that stole the code is who is guilty here. As soon as Microsoft was made aware of the situation they pulled the offending code/software immediately.
Wrong Wrong Wrong. Microsoft is guilty of it because they are the ones who published the code/product as their own. They hired someone to do the work. Yes, that person ripped of Plurk, but Microsoft failed to verify their contractor's work. That makes them culpable. Plurk was ripped off by Microsoft. Full Stop. Now, Microsoft has it's own options with respect to that contractor, but their swift response doesn't erase…
Even I, as a co-founder of Plurk, have to write this press release myself. You poor dear. Look guys, quit while you're ahead. Everyone knows you are not going to sue Microsoft because the legal fees would be bigger than your market cap. The smart thing would be to take this down and say only that you're 'discussing it with them. Let MS takes you out on a date and give them some room to make it up to you. Sometimes th…
Agreed. This is weak on Plurk's part. How were they harmed? Microsoft screwed up and hired a shady vendor who did a shady thing. As soon as they realized what happened, they owned it, fired the vendor, and shut down the site. Just because Microsoft has money doesn't mean that Plurk deserves it.
First of all, like most of the people on HN I too agree these guys are getting a little sappy. Give it a rest and stop crying. This all sounds like the new American dream to me, wait for someone to create an accident and take advantage of it by suing the pants off of them. Your company is worthless, so you're going to sue Microsoft to make your millions? Second... Plurk won't let me sign up with a MobileMe email addr…
I agree. The new American dream... I hope that I am a victim someday... er... wait, according to society we are all already victims... let me start over. I hope and dream that someday I am the victim of a wealthy perpetrator so that I can sue them and become rich.
Wow HN, talk about blaming the victim here. I guess Plurk was totally asking for it?
They either need to sue MS if they really think they've been aggrieved or get over it.
Moaning on their blog accomplishes absolutely nothing positive and has started to lose them sympathy.
See the series which ran on steveblank.com about a competitor stealing their IP which was prominently featured here as an example about how to use adversity in a constructive manner.
part1: http://steveblank.com/2009/12/03/someone-stole-my-startup-id...
part2: http://steveblank.com/2009/12/07/someone-stole-my-startup-id...
part3: http://steveblank.com/2009/12/10/someone-stole-my-startup-id...
Dwelling on adversity with a "woe is me" attitude is fundamentally antithetical to the entrepreneur/startup mentality as evidenced by the hostility they're starting to encounter in these comments.