People will mention the problem with patents but I see another, perhaps bigger, problem: We do not have equal access to our judicial system in the United States. If you have money, you have the power to legally hold people with less over a barrel. That exploitable inequality is poison for a well functioning society. That is the problem that needs solving.
"Loser pays" would go a long way, I think. Not being that familiar with the US system, what's the reasoning not to have this?
Being sued, in East Texas, for using the Google Play Store [video]
121–130 of 431 posts
Re: Being sued, in East Texas, for using the Google Play Store [video]
#122Really seems like Google/Apple should make some kind of statement calling out how ridiculous these lawsuits are.
Could Google do more then a statement? It can't be good for their business if people are being sued for simply uploading an app to the Play Store.
Re: Being sued, in East Texas, for using the Google Play Store [video]
#123Earlier quoted context omitted.
| We do not have equal access to our judicial system in the United States. If you have money, you have the power... Your POV that money distorts and helps determine winners, while seeming so prima facie obvious, does not come close to getting to the real problem. I know this because I have money and I've spent well over a million dollars on attorneys in the last decade and I got very little in the way of ... not just…
Nothing astounds me more than the Herculean lengths a judge will go to to avoid the 'core legal questions' in a case. Not only in the judgement, but by disallowing even the most basic testimony or evidence to be presented. While this violates due process or 'the principle of natural justice', no judge on appeal ever seems to rule that the lower court judge was acting in an obviously corrupt manner. The fiction of the…
There are a few reasons for this: 1. Judges are not legislators. Judges apply the law, and if they don't like the law, or if the law is contradictory, they write a note in the decision asking legistlators to review the law.
2. If a lower-court judge is corrupt, but didn't violate legal procedure, what does "corrupt" mean?
Re: Being sued, in East Texas, for using the Google Play Store [video]
#124Earlier quoted context omitted.
| We do not have equal access to our judicial system in the United States. If you have money, you have the power... Your POV that money distorts and helps determine winners, while seeming so prima facie obvious, does not come close to getting to the real problem. I know this because I have money and I've spent well over a million dollars on attorneys in the last decade and I got very little in the way of ... not just…
I would love to see more negative publicity used. A PR firm is a fraction of the cost of a law firm but can do a lot more damage to the other side. Unfortunately lawyers have this dogma that says never ever ever ever ever try to use negative publicity. This is obviously self serving. Most lawyers are clueless about social media post AOL and so this would take the battle into unfamiliar territory. Unfortunately the ju…
Re: Being sued, in East Texas, for using the Google Play Store [video]
#125Re: Being sued, in East Texas, for using the Google Play Store [video]
#126Re: Being sued, in East Texas, for using the Google Play Store [video]
#127TLDW - Patent troll sues Xplane creator after he migrated his app to the Google play store. They claim they own the general idea of the Google play store. Law firms create these cases for billable hours for their lawyers and some of their parent judges in Texas. Patent trolls and law firms in the end want to receive a settlement by targeting app creators and not Google themselves who are well equipped to defend thems…
Re: Being sued, in East Texas, for using the Google Play Store [video]
#128Earlier quoted context omitted.
| We do not have equal access to our judicial system in the United States. If you have money, you have the power... Your POV that money distorts and helps determine winners, while seeming so prima facie obvious, does not come close to getting to the real problem. I know this because I have money and I've spent well over a million dollars on attorneys in the last decade and I got very little in the way of ... not just…
You are right. Having money equips someone to at least be able to put up a fight to reach a conclusion but that is not the heart of the issue. Whether you have money or not the real problem is the threat of loss due to the /process/ as opposed the merits and likely result of the case. That is the problem that needs to be solved. I'm not saying I know how to remove the expense of the process out of the equation but th…
I don't believe that moving #4 (or even #5) earlier in the process maximizes the possibility of a logically/legally sound conclusion, which IMO, is the purpose of the justice system. Then again, your comment has identified speed as a priority, not a thorough examination of the merits.
If the procedural rules don't offend you, then we might just be talking about expensive lawyers. Not all lawyers are expensive.
Re: Being sued, in East Texas, for using the Google Play Store [video]
#129I'm no advocate of violence but this makes you wonder about the ethics of beating such guys up. The legal system seems pointless.
Re: Being sued, in East Texas, for using the Google Play Store [video]
#130People will mention the problem with patents but I see another, perhaps bigger, problem: We do not have equal access to our judicial system in the United States. If you have money, you have the power to legally hold people with less over a barrel. That exploitable inequality is poison for a well functioning society. That is the problem that needs solving.
| We do not have equal access to our judicial system in the United States. If you have money, you have the power... Your POV that money distorts and helps determine winners, while seeming so prima facie obvious, does not come close to getting to the real problem. I know this because I have money and I've spent well over a million dollars on attorneys in the last decade and I got very little in the way of ... not just…
In this example, as you say, "there is a question as to whether this patent is valid or not, and whether it covers this particular issue or not." If the defendant thinks those are real issues, then one of the first things the rules would have you do is to file a motion to dismiss arguing exactly those points. If the judge agrees with you, the case is over and you go home. (Of course, there is the possibility that there are other claims that aren't subject to those arguments, or that the plaintiff could amend the complaint to add new legal theories, but that's another story.)
To the extent it is true that courts "completely front-load all these arcane minor points" this is usually true only to the extent that these arcane issues are actually dispositive.
EDIT: Try thinking about it this way: whether an issue is arcane, and not what a person might think is the "real" core of the issue, is sometimes orthogonal to whether that issue is dispositive. And there are usually good reasons for this--though reasons that may not be obvious to non-lawyers. This can, and should, result in courts spending what may seem to the untrained eye like too much time on arcane but dispositive issues in an attempt to resolve a case efficiently.