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Cloudflare’s fight with a “patent troll” could alter the game

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Re: Cloudflare’s fight with a “patent troll” could alter the game

#281

Post by notyourday »

frandroid wrote: post #278
notyourday wrote: post #269

Earlier quoted context omitted.

Lawyers that decide that they want to represent scum that harasses other people in restaurants should not be surprised when they are not going to be serviced in those restaurants. To me it sounds like the exact thing that should be happening. I want every lawyer to ask himself or herself "is this cause worth it?". That is how we would know if the lawyers actually believe in their client or if they are there just to m…

> "is this cause worth it?" How would murderers and rapists get a lawyer then? You misunderstand what the profession of lawyer is about.

Oh, that's pretty simple. The lawyer should believe them and think they are being unjustly persecuted. The lawyer should also realize how he would be seen should the murderer or rapist be found guilty or how he should be celebrated should a murderer or rapist be found innocent.

I know exactly what a profession of lawyer is about. I simply want them to have a skin in the game.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#282

Post by JoeAltmaier »

notyourday wrote: post #281
frandroid wrote: post #278

Earlier quoted context omitted.

> "is this cause worth it?" How would murderers and rapists get a lawyer then? You misunderstand what the profession of lawyer is about.

Oh, that's pretty simple. The lawyer should believe them and think they are being unjustly persecuted. The lawyer should also realize how he would be seen should the murderer or rapist be found guilty or how he should be celebrated should a murderer or rapist be found innocent. I know exactly what a profession of lawyer is about. I simply want them to have a skin in the game.

That is a profound misunderstanding of the role of 'lawyer'. It's an advocacy system. Someone must stand and advocate for the murderer, even if guilty. Otherwise only innocent people can be defended in court - and the trial is over before it begins, when somebody (you?) decides beforehand, innocent or guilty.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#283

Post by notyourday »

JoeAltmaier wrote: post #282
notyourday wrote: post #281

Earlier quoted context omitted.

Oh, that's pretty simple. The lawyer should believe them and think they are being unjustly persecuted. The lawyer should also realize how he would be seen should the murderer or rapist be found guilty or how he should be celebrated should a murderer or rapist be found innocent. I know exactly what a profession of lawyer is about. I simply want them to have a skin in the game.

That is a profound misunderstanding of the role of 'lawyer'. It's an advocacy system. Someone must stand and advocate for the murderer, even if guilty. Otherwise only innocent people can be defended in court - and the trial is over before it begins, when somebody (you?) decides beforehand, innocent or guilty.

> That is a profound misunderstanding of the role of 'lawyer'. It's an advocacy system.

Let me assure you, I have no misunderstanding of what being a lawyer entails. I also have no illusion that it is not an advocacy system.

> Someone must stand and advocate for the murderer, even if guilty.

That's your view. My view is that only those that believe the defendant should advocate on defendants behalf. It is also my view that lawyers need to have skin in the game. Laywers having no skin in the game is the reason why we have bad lawyering.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#284

Post by slaymaker1907 »

URSpider94 wrote: post #178
slaymaker1907 wrote: post #137

Earlier quoted context omitted.

The problem is that algorithms and math are explicitly forbidden from being patented. This is why most software patents include some sort of clause specifying that the work is done using a computer. The patent office has simply done a lousy job when it comes to software patents.

I don't believe you are correct. You can't patent math, but you can patent algorithms. This is analogous to the material world, where you can't patent physics, but you can patent engineering. An algorithm isn't math, it's a series of instructions. That is something that is patentable, as long as it involves an inventive step. A more efficient sorting algorithm that is non-obvious would almost certainly be patentable.

The first sentence on the Wikipedia page of algorithm:

"In mathematics and computer science, an algorithm is a self-contained sequence of actions to be performed. Algorithms can perform calculation, data processing and automated reasoning tasks. "

An algorithm is a mathematical construct that happens to be useful with computers. See the first volume of The Art of Computer Programming for a nice formal definition of algorithm.

Re: Cloudflare’s fight with a “patent troll” could alter the game

#285

Post by fapjacks »

calafrax wrote: post #213
siliconc0w wrote: post #8

I'm not a fan of the argument that if Blackbird weren't a NPE it'd be okay because Cloudflare could then aim it's 150 strong patent portfolio cannon back at them. It's basically saying incumbents like Cloudflare don't really want to fix the system, they want to keep the untenable 'cold war' status quo which protects them but burdens new entrants.

Everyone is a "troll" when they are suing you. When you are suing other people they are thieves stealing your innovation. These lawyers are doing great work by creating a market that allows innovators to profit from their work even if they don't have the capital to commercialize their innovations themselves. The incumbents can cry about this but even if they have never sued anyone for infringement their valuations ar…

But these aren't "individual software engineers who invent new technologies", now are they, shill? As stated in the article -- which I'm sure, based on what you've said here, you haven't read -- the "individual software engineer who invented new technology" made his one United States dollar in selling it to these vampires. Get a job.
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