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What we did when a patent troll asked for our help

lessannoyingcrm.com

51–60 of 102 posts

Re: What we did when a patent troll asked for our help

#51

but why can't you be arbitrary (within the confines of the law)? particularly a small company. you don't have to justify your actions - just don't work with people you don't want to. why does it have to be consistent or logical? just say "fuck em" and move on... what, in short, is so bad about being faithful to what you feel ?

Exactly. The writer is looking for a 'rule' that defines wrong and right. Maybe to look for a strict pattern is the nature of a software developer but it doesn't always apply. Especially not in ethics I think.

Re: What we did when a patent troll asked for our help

#52
Scientology certainly operates in violation of the letter of the law - framing people for murder is illegal, I'm pretty sure - they just avoid conviction by bribing local judges and so on.

I don't see why you can't just tell the patent troll to go away. Are they being punished for telling you what they do? Yes, but if patent trolls have to operate furtively, not telling anyone what they do, on pain of being denied service in many places, the world is a better place. Make the world a better place.

I don't see why you are obligated to lend a helping hand to evil that happens to be legal. I'm not saying to throw a punch at someone doing something legal that you don't like; I'm saying that you are not obligated ethically or morally to do business with them. Or if the law has something to do with ethics in your world, then consider that since it's legal to deny service to patent trolls, it must be all right, right?

And I don't see what's unethical about one adult selling another adult neuroactive pharmaceuticals, but let's leave that aside for now.

Drawing the line around what's "legal" says to me, "We'd rather not think about ethics, so we're going to draw the line somewhere defensible that we don't have to think about." In another world this might make sense, but not in a country that criminalizes marijuana and has, well, patent trolls. To respect that line, and not try to promote good or retard evil any further than that, is just an abdication of ethics.

With that said, I respect Less Annoying CRM for trying to think about the issue at all and post about it, which most companies don't. I mean, they got the wrong answer, but most companies don't even try or think at all, so this blog post actually does rate LACRM in the top 10% of all companies in my book.

Re: What we did when a patent troll asked for our help

#53

Earlier quoted context omitted.

To be clear, we tell customers all the time that they shouldn't use our software. Each customer is worth $10/month, so it's not worth having people on the system that don't belong. This wasn't about the money at all, it was about the precedent it would set. How do we convince our other users that they can trust us if we're arbitrarily booting users because we disagree with them.

They would start trusting you on your principals, if they didn't agree and you lost a customer, then it's a customer that didn't line up with what you as a person line up with, and therefore you shouldn't be worried about them. Edit: Didn't really wrap up my final thought.

It's a really scary precedent to say that you can only use software if the software vendor's morals are compatible with your own morals.

Thought experiment: If the guys running Less Annoying CRM are strong atheists (note: I have no idea what their religious beliefs are), and this post was about whether or not they'd provide support for a devoutly christian customer, what would the reaction be? Would you still think it's ok for them to boot the customer because their principles don't mesh with their customer's?

Re: What we did when a patent troll asked for our help

#54

(I work at the Less Annoying CRM) Since a few people have brought up similar points, I'd like to address them here. My gut instinct was to tell the patent troll to fuck off. I still wish we had done that. But that would set a terrible precedent and turn us into something that I hate: the App Store Pretty much everyone here hates how arbitrary and opaque the approval system is in the App Store. It seems like there's a…

I don't think you have to worry about being compared to the App Store or Google when you cancel accounts of patent trolls. When you run a business, you have to regard yourself as a building block for other people to rely on to build their productivity, their own business, or their own ideas. If customers have to be fearful of pissing off the owner of a service they're using, that has a chilling effect on progress. Ho…

> a process that doesn't require the customer to get blogtweetHN traction before the company opens a dialogue.

To be fair, I don't think I've ever seen a story where someone complained about an App Store rejection, and that story led to an approval. Typically the story is accompanied by other action, such as actually talking to the App Store review board, and it's the other action that leads to the approval.

Re: What we did when a patent troll asked for our help

#55
post #37

Earlier quoted context omitted.

> This is a power granted to citizens Technically, no. Jury nullification is an unavoidable consequence of the fact that juries are not required to explain their reasoning. But it can only happen when a jury ignores a judge's instructions (which will say to base the decision on the existing law). > it should say Greed is good. [...] Don't get me wrong, there's nothing wrong with making money, but don't try and ration…

You should replace technically with expressly. As it is technically given to American citizens, just not expressly told to them that they have this inherent right.

It's really not a legal right that they have. They have the ability, or the power. But in order to exercise that power, they have to disregard the oath that they swear as jurors.

Re: What we did when a patent troll asked for our help

#56
post #52

Scientology certainly operates in violation of the letter of the law - framing people for murder is illegal, I'm pretty sure - they just avoid conviction by bribing local judges and so on. I don't see why you can't just tell the patent troll to go away. Are they being punished for telling you what they do? Yes, but if patent trolls have to operate furtively, not telling anyone what they do, on pain of being denied se…

I think one of the questions you have to ask yourself is whether your primary responsibility to protect the interests of your real users (the non-patent trolls) or to take a stand against people you don't like.

This would be a much easier decision if we sold a discrete product. A grocery store or Amazon.com can deny someone service and then they can go shop somewhere else. No big deal. Our users store their most important business data with us for years. How can our legitimate users trust us if they think they might wake up one day and be banned?

Thanks for the comment, this is definitely an interesting discussion.

By the way, I can tell you that I personally wouldn't have a problem with someone using the software for something illegal but not necessarily unethical (like selling drugs). The problem is that as soon as they tell you they're doing that, you're effectively assisting them in the illegal activity which makes me a criminal. That's the main reason why we have to take action when someone tells us they're using the CRM to do something illegal (not that it's ever happened).

Re: What we did when a patent troll asked for our help

#57
post #44
post #38

A lot of this discussion seems to boil down to several key issues: 1. Should you ever refuse service to someone because you disapprove of their lawful activities? 2. If so, where do you draw the line? 3. If so, how do you deal with the fact that you can only enforce the policy when a customer's activities are specifically brought to your attention? To answer #1, I'd make an analogy to the social responsibility rules…

1 is still hard because it implies vetting your customers based on intent. So basically you have a blank on your signup form asking why they want to use X, and then you reject them if they write the wrong thing? Seems fishy. Likewise, what if you suddenly find out a loyal customer of N years has been using your service nefariously? I guess one approach is to have a Terms of Service, but in this case, what would it sa…

This is why I suggest having the TOS specially list prohibited categories of activities.

And no, I don't recommend any kind of checks at the front gate. Like I said, you'd just have to enforce your policy when something was brought to your attention.

Re: What we did when a patent troll asked for our help

#58
post #38

A lot of this discussion seems to boil down to several key issues: 1. Should you ever refuse service to someone because you disapprove of their lawful activities? 2. If so, where do you draw the line? 3. If so, how do you deal with the fact that you can only enforce the policy when a customer's activities are specifically brought to your attention? To answer #1, I'd make an analogy to the social responsibility rules…

I think this is a great summary, but it misses one key point. There's a big difference between refusing to buy a product from someone you find unethical and refusing to sell a product to someone you find unethical. The difference how this impacts all of the other potential buyers/sellers out there who are ethical. Google and Facebook ban people's accounts all the time for doing things they find disagreeable, and they…

I agree somewhat and I disagree somewhat. At one point, I helped to moderate a religious discussion community, several hundred listed members. The Community Founders had set up a bunch of odd rules which sort of made sense given the history. For example, when you mix religion and Internet, civility becomes an issue. But after some situations where both of the insult-flingers were telling the mods "hey, cut it out, we're having fun here!" they had decided that we would only get involved when someone complained. That worked until people started trolling other members and then tried to complain when they were abused in return, as if they hadn't been trying to pick a fight in the first place. So they had also decreed that we might issue warnings for wasting our time, to get rid of these new trolls. But then people became afraid of complaining, because this process was difficult to make honest and transparent.

The "lower level" mods among us mostly tried to keep the peace without disciplinary actions, then: we would just say, "hey, this discussion is getting too heated: cool down, come back tomorrow, we're all humans here." This wasn't too bad, but some of our mods had these sorts of "itching-for-a-showdown" personalities, and I guess people always were a little worried about the powers we technically held. In the end it was gaining a reputation for being too abrasive, which meant good-hearted religious people didn't come by anymore. It reminded me of nothing so much as Sartre's statement, "we have the war we deserve."

I guess the lesson that I'm trying to articulate is that, especially in Internet communities, transparency is necessary to alleviate fear, but inaction can lead to your community passively falling astray from its goals, discouraging the members who you want.

When community is at stake, as it is in Facebook and Google, there is a higher-order priority. You have to decrease worldsuck and foster awesome[1]. That is a somewhat arbitrary priority, and creating rules and transparency around it can seem like an impossible task.

[1] Cheers, nerdfighters.

Re: What we did when a patent troll asked for our help

#59
post #53

Earlier quoted context omitted.

They would start trusting you on your principals, if they didn't agree and you lost a customer, then it's a customer that didn't line up with what you as a person line up with, and therefore you shouldn't be worried about them. Edit: Didn't really wrap up my final thought.

It's a really scary precedent to say that you can only use software if the software vendor's morals are compatible with your own morals. Thought experiment: If the guys running Less Annoying CRM are strong atheists (note: I have no idea what their religious beliefs are), and this post was about whether or not they'd provide support for a devoutly christian customer, what would the reaction be? Would you still think i…

Yes.

Just don't complain when all the religious customers go away.

Re: What we did when a patent troll asked for our help

#60

Earlier quoted context omitted.

You should replace technically with expressly. As it is technically given to American citizens, just not expressly told to them that they have this inherent right.

It's really not a legal right that they have. They have the ability, or the power. But in order to exercise that power, they have to disregard the oath that they swear as jurors.

Right, hence the reason they do technically have that right, but don't expressly have that right.
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