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When Sued Don't Tweet

jacquesmattheij.com

71–80 of 118 posts

Re: When Sued Don't Tweet

#71
post #62
post #24

Earlier quoted context omitted.

Did you read the article? The point is you're making it worse by tweeting and making other public statements. You may win in court of public opinion, but you're making it easier for your opponent to beat you in actual court.

The blog post is pure speculation by what appears to be a layman. It has no more weight than any random comment on HN. It's worth stating that because people are treating it as if a famed IP lawyer has made a pronouncement of fact, when in actuality it's just someone giving, like, an opinion, man.

Let's see a famed IP lawyer that would disagree with the premise of the article.

Attack the contents, if you can.

There are several lawyers that I know of right here in this thread and I don't see anybody contradicting the advice.

Re: When Sued Don't Tweet

#72
post #57
post #48

Earlier quoted context omitted.

I'm curious to know if, were the tweets to be used, they would also have to prove it was he that made them. Sure, they're from his account, but would that hold up in court? See: the many celebrities who have people tweet on their behalf with their (the celebrities') account.

Ianal, but in a deposition he would be asked whether they were his tweets or not. If he denied they were, he would be asked further questions and possibly caught in a lie. Such as "is this the only time that your account has been used by someone other than yourself?" or "So you are saying that this is the only tweet that you didn't make but the others before and after you did". And so on. My guess is that he would be…

To add on, some attorneys spend their whole lives tearing apart people who lie. Unless you are professional psychopath, you are completely outclassed here.

Re: When Sued Don't Tweet

#73
post #21

If someone makes a spurious allegation against you then I think you should defend yourself as much as possible, including via tweets or any other communication channels. Refuse to go quietly into the night.

> If someone makes a spurious allegation against you then I think you should defend yourself as much as possible

1. Defending yourself makes you look guilty.

2. Defending yourself can provide legal ammunition to the opposition.

3. If it's not a legal matter, defending yourself can provide the opposition with words to manipulate to make you look even worse.

4. If they're already making spurious allegations against you, your replies will just prompt them to make more spurious allegations, much of which you may not be able to disprove. Their process of continually coming up with "new information", even if it's fake, will seem genuine to outsiders (due to cognitive bias). Responding just gives them new avenues to attack.

5. If you do defend yourself, it has to be in the form of an attack on the opposition, to discredit them. They can continue to come up with new claims all day which will just make people believe them more. You have to make it so people don't buy anything they say.

6. Besides the tactics of one-on-one mud-slinging, multiple parties provides greater weight to claims or concerns. Even if you have proof that someone is wrong, if they have 5 people all claiming the same thing, the crowd will believe them over you.

7. If this involves some kind of tight-knit in-group or community, you have to completely discredit your opposition for anyone to give a crap what you say.

The biggest problem with defending yourself is that you think the truth will win out, or the truth will come out in the end. It doesn't. The most convincing tactics win out. Lies are a lot easier weapons to use than the truth, and a lot more effective. And all of this also becomes a lot more difficult depending on the circumstances of the claims. Nobody will care if you're right if it looks like you might be wrong.

Re: When Sued Don't Tweet

#74
post #22

One thing I've often wondered: how does one even find the best lawyer, with the most appropriate experience etc.? It seems you'd almost need another lawyer, who knows the best people in each specialty, to advise you.

Contact friends and ask them for attorneys they've worked with and liked. Then ask those attorneys for a referral to one who specializes in your case.

See also: http://www.popehat.com/2011/05/27/how-to-cold-call-a-lawyer-...

Re: When Sued Don't Tweet

#75
post #62

Earlier quoted context omitted.

The blog post is pure speculation by what appears to be a layman. It has no more weight than any random comment on HN. It's worth stating that because people are treating it as if a famed IP lawyer has made a pronouncement of fact, when in actuality it's just someone giving, like, an opinion, man.

Let's see a famed IP lawyer that would disagree with the premise of the article. Attack the contents, if you can. There are several lawyers that I know of right here in this thread and I don't see anybody contradicting the advice.

Unnecessarily defensive. Was there something, anything, in my comment that is incorrect? Are you actually a contract/IP lawyer? Note that I'm not saying that you are wrong, because honestly I don't know. Because I'm not a lawyer, and I don't know all of the specifics of this case. But am I wrong in what I said about the authority of the post?

This is why people preface things with IANAL.

People often petition to the public (Tesla quite recently) in such cases -- regardless of pending lawsuits -- because the damage in perception can be larger than any possible legal damage. And stating simple facts of truth (such as "I copied 0 lines of code") seems doubtful to aggravate anything if they are truthful. So there are separate issues of IP: Great, but they are neither worsened or relieved by a statement about code, are they?

Re: When Sued Don't Tweet

#76
post #37

(another attorney here) Tweets aren't under oath or anything, but it opens up Carmack to lots of questions and possibly affects his credibility. Often times cases come down to "he said / she said" types of claims and how a jury views them. If ZeniMax mentions the tweets in court, it will likely be to try and make Carmack look like he acted out of hand, and that he rushed to make claims that arne't true (i.e. the IP /…

The basic advice of "Don't just do something; stand there!" is sound, but I'm curious if you (or other people) have practical suggestions on how to do that. In practice, it can be quite difficult to do nothing when it feels like that action is desperately necessary.

Re: When Sued Don't Tweet

#77

Earlier quoted context omitted.

Wouldn't most attorneys advise their client to keep quiet and not post on Twitter and talk to the media about the case?

It's not always that simple. There is never anything wrong with talking about a case in principle. As an attorney myself I am often asked to look over this sort of article, press release or other notification. I encourage my clients to be open if they have nothing to hide. However even posting honest, accurate articles online can come back to haunt you. Unless written very precisely, words can be interpreted by diffe…

There is a skill to writing a press release. Think of how often people take things out of context during an argument on the internet. Now imagine they have a financial motivation to do so.

Re: When Sued Don't Tweet

#78
post #75

Earlier quoted context omitted.

Let's see a famed IP lawyer that would disagree with the premise of the article. Attack the contents, if you can. There are several lawyers that I know of right here in this thread and I don't see anybody contradicting the advice.

Unnecessarily defensive. Was there something, anything, in my comment that is incorrect? Are you actually a contract/IP lawyer? Note that I'm not saying that you are wrong , because honestly I don't know. Because I'm not a lawyer, and I don't know all of the specifics of this case. But am I wrong in what I said about the authority of the post? This is why people preface things with IANAL. People often petition to the…

Don't shoot yourself in the foot is good advice, even when it doesn't come from your surgeon.

Re: When Sued Don't Tweet

#79
post #22

One thing I've often wondered: how does one even find the best lawyer, with the most appropriate experience etc.? It seems you'd almost need another lawyer, who knows the best people in each specialty, to advise you.

I would encourage everybody to have a lawyer. I've used the same guy for circa 15 years.

We talk maybe once a year, as I rarely need legal advice, but it's enough to keep the relationship alive. If I ever needed a legal specialist, I'd instantly go to him for a referral. And I'd use him to double-check any advice from the specialist.

The first time, it seems a little weird paying somebody $200-500 to, say, look over an employment contract. I was used to half-assing that myself, which cost nothing. But now I look at it as two kinds of insurance. First, you're drastically lowering the risk that there's something in the documents you missed. Second, if something bad does go down, your lawyer's now involved; it's not a new matter, it's something they blessed. And as a practical matter, negotiating contract points is much easier when you can, "My laywer says X" instead of, "I'm no expert, but I think X".

Re: When Sued Don't Tweet

#80
I always wrote complex crappy code for my previous employer, because if some of my own projects ever takes flight, I wouldn't want to be in an IP lawsuit against my own code. Thus I saved the neat implementations for my own projects, and actually I don't even feel bad about it. If you have a boss constantly reminding you about that you have a contract where they own anything you produce, then thats what you get. It's called the cobra effect.
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