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Don't mess with Newegg

blog.newegg.com

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Re: Don't mess with Newegg

#101

Post by shawnreilly »

mixmax wrote: post #14

It seems to me that the legal system in the US is largely broken, and that just about anyone can be sued if only you find the right grounds. Being sued and defending yourself is enormously expensive which is what patent trolls exploit. Why not use this offensively against patent trolls? Find all sorts of ways to take them to court, the American legal seems to have plenty of opportunities in that regard. There are som…

At the last Startup Weekend Honolulu 2014, I introduced my approach towards solving this problem; The Open Patent Foundation (Non-Profit). Similar to concepts such as Creative Commons, and Open Source Software Licenses, the idea is to create Open Patent License(s) that standardize a method to share intellectual property with the Community. While this does not directly solve the problem, I think it is a necessary first step towards realizing that we (as a Community) can leverage the existing broken Patent System in a way that favors us (the Community). Not only does this have the potential to accelerate innovation, it will also prevent Patent Trolls from claiming ownership of innovations, and that's a big deal. These Trolls currently use a Licensing approach to extort people (pay our Licensing Fee or else we will sue). I think it would be ironic (and awesome) to use the same approach to effectively null Patent Trolls. Considering how ineffective Legal Reform is, this might be our best bet; To come together collectively as a Community and decide that we want to take a stand and start using the System in a new and different way. It would be a double win, accelerate innovation and null Patent Trolling. If this sounds interesting, the website is http://www.openpatentfoundation.com and I recently moved to Mountain View, so I'm looking to spend more time on this and see if we can get some Community Support.

Re: Don't mess with Newegg

#102

Post by aidenn0 »

wutbrodo wrote: post #97
jeorgun wrote: post #90

Earlier quoted context omitted.

The fact that they're being rewarded for their actions doesn't mean that those actions aren't laudable (especially when that reward consists of their being lauded).

The HN community collectively hasn't ever been able to grasp this concept; apparently if a corporation has any possible benefit from an action, it MUST be the motivation behind the action. It's a particularly delightful cop-out because any positive action (including philanthropy) can be dismissed as a PR move.

I vaguely remember reading about some philosophy where there was no such thing as a selfless act, as you always get something out of it, even if it's just a warm fuzzy feeling inside.

That's just one example of why I find most of philosophy to be a complete waste of time.

Re: Don't mess with Newegg

#104

Post by weland »

bsder wrote: post #21
mixmax wrote: post #14

It seems to me that the legal system in the US is largely broken, and that just about anyone can be sued if only you find the right grounds. Being sued and defending yourself is enormously expensive which is what patent trolls exploit. Why not use this offensively against patent trolls? Find all sorts of ways to take them to court, the American legal seems to have plenty of opportunities in that regard. There are som…

And the troll companies are always shell companies with nothing but the patents. So, even if you win, the shell company will declare bankruptcy. This is what changed the game. Before, two big companies generally had enough patents that they would simply agree to cross license because they both infringed one another's patents. So, for the company being sued, it's a no win situation.

IMHO, this should not be dealt with at a company level, since the shell company is arguably not engaged in any economic activity: their juridical entity is, essentially, worthless.

Instead, given the toxic economic climate the people behind it create, this should be transported into criminal charges brought against the make-believe CEOs behind the shell companies that specifically engage in patent trolling. They're arguably pulling a con against a system designed by the state for something completely different, and their con should be treated no differently than, say, tax evasion.

I think the only reason why companies like these continue to flourish is that the people behind them are entirely safe. No legal system will be able to close down as many companies as they can open. So jail the motherfuckers, or otherwise forbid them to take part in the economic system, and it's bound to stop.

Re: Don't mess with Newegg

#105

Post by gioele »

shawnreilly wrote: post #101
mixmax wrote: post #14

It seems to me that the legal system in the US is largely broken, and that just about anyone can be sued if only you find the right grounds. Being sued and defending yourself is enormously expensive which is what patent trolls exploit. Why not use this offensively against patent trolls? Find all sorts of ways to take them to court, the American legal seems to have plenty of opportunities in that regard. There are som…

At the last Startup Weekend Honolulu 2014, I introduced my approach towards solving this problem; The Open Patent Foundation (Non-Profit). Similar to concepts such as Creative Commons, and Open Source Software Licenses, the idea is to create Open Patent License(s) that standardize a method to share intellectual property with the Community. While this does not directly solve the problem, I think it is a necessary firs…

How is that different from OIN [1]?

[1] http://www.openinventionnetwork.com/ «The Open Invention Network is a shared defensive patent pool with the mission to protect Linux. Launched in 2005, OIN has strong industry support with backing from Google, IBM, NEC, Philips, Red Hat, Sony and SUSE (a business unit of Novell). Any company, project or developer that is working on Linux, GNU, Android or any other Linux-related software is welcome to join OIN, free of charge or royalties.»

Re: Don't mess with Newegg

#107

Post by DigitalSea »

We need patent reform now.

"their patented technology related to the registration of websites on search engines" — this right here is conclusive proof the patent system in the US is broken. Lets fix this now. How many legal/government resources have been wasted because of trolls like SUS? Leave the judges to put real criminals away.

Thank you for making a good example for the rest of us NewEgg. There are too many people that are unable to defend themselves in situations like these, it is great to know there are companies out there willing to fight (even if it takes years and hundreds of thousands of dollars to win).

Re: Don't mess with Newegg

#110

Post by smcl »

wtallis wrote: post #65
danieltillett wrote: post #55

Does anyone know why these cases are so expensive to defend? They can't be that complex given the troll basically has nothing. Could you not just hire a junior lawyer out college for next to nothing and put them in charge of running all the defences?

They're expensive because the eastern Texas courts are so favorable to patent plaintiffs that in order to have a meaningful chance for a win you have to either get the USPTO to throw out the patent or get the case moved to a different court (as Newegg did here). The former is extremely time-consuming and expensive, and the latter is difficult and rarely successful. A direct fight against the subject and claims is all…

So why are they so favourable to plaintiffs in patent troll cases in East Texas? Is it as simple as "favourable outomes for patent trolls = more patent troll cases in East Texas = more money for us"?
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