Honestly, I wasn't sure how to begin this story or how to fit all the insanity into the title. It's a story involving patents, patent trolling, Covid-19, Theranos, and even the company that brought us all WeWork: SoftBank. Oh, and also Irell...
RT @cstross: WHAT THE WHATTING WHAT—
SoftBank Owned Patent Troll, Using Monkey Selfie Law Firm, Sues To Block Covid-19 Testing, Using Theranos Patents
—Bring back the guillotine, it's the only language that'll get through to these assholes. (I'm not even joking.)
If these guys specialize in patent trolls is the angle here to buy up as much of the gox claims as they can to get 51% to try to have vote control over the CR or possibly try to acquire any patents mtgox may of had to go after other exchanges?
That will probably one of their major incentives to pull this all off!
I quote and old post of mine to show you my thoughts about their rip-offer:
"Some investment group has probably pissed you off with their offer?
Creating a lot of people, who are equally pissed off by the incredible increase of life-length reducing, cancer-producing cortisol they've induced by sending you a letter that breaches your data privacy and openly outs you as a creditor to any potential hacker (or Mafia pawn) in the public postal system due to the intimidating letter's labelling, besides causing girlfriends and wives, who become aware of it too, are now possibly trying to pressure you to accept that rip-offer, even increasing your psychological, psychosomatical and physical stress you had to suffer by the data privacy-breaching, intimidating, ruthless, unsolicited, unwanted spam mail they've could only send you, after not giving a single thought about your data privacy in the 1st place, so that they were even able to send you that drastic decrease of personal security and inductor of inhumanly induced intimidation by the means of a deceptive disinformation distraction.
Shouldn't we set up a global class action lawsuit together with Cobin Claims against such reckless reduction of our data security, family initmacy, psychological, psychosomatical and physical health, as well as general privacy, which will make a collective counteroffer for them, increasing in value with each and every day that the sleeplessness you all suffer now from is increasing with the further increase of the after effects of their PSYOP rip-offer, correlated with the exponentially increasing cortisol curve that is preventing your body's cells, especially the most expensive neurological cells from nightly renovation routines, with the thought of potential hackers and Mafia pawns having now the ability to interfere with your private life by knowledge of data they shouldn't have at all? It's a difference to have read that data on the net and to actually know which actual mailbox is currently yours in which building and nobody of us has asked for that intimidating, unsolicited, unwanted spam.Cobin Claims already sues our public postal system here for data breaches!
Will you swing aboard our ship and set sail to sue these rip-off spammers?"
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look at the very specific rhetoric directed at the very specifically named individuals. It's very much a "will somebody rid me" style approach.
Not true threat as I said, just close. And remember, threats are in the eyes of the beholder not the intent behind the author.
In the midst of a global pandemic and a national emergency - how difficult would it be for the federal government to declare the people involved (including the lawyers) enemies of the state? It's basically judicial terrorism, right?
This headline =
“I will now read these special vows which Homer has prepared for this occasion. Do you, Marge, take Homer, in richness and in poorness, poorness is underlined, in impotence and in potence, in quiet solitude or blasting across the alkali flats in a jet-powered, monkey-navigated... and it goes on like this.”
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What a title! Patent trolls are so emblematic of the downsides of our style of democratic capitalism, where the greatest freedom are given to the already wealthy, which enables them to attract more wealth like magnets.
Lawyers who make a living on filing ADC lawsuits might be another example. All people that invest little but stand to reap a lot.
Many people think that, it just doesn't jibe with libertarian views of property, as shared ideas are not private property. Thomas Jefferson puts it this way:
_If there is anything that nature has made less susceptible than all others of exclusive property, it is the action of the thinking power called an idea. Each person possesses exclusively any idea so long as it is unshared. Once shared, it belongs to everyone. Moreover, an idea shared is fully possessed by all who entertain it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me._
No, intellectual property is an extremely inefficient way to reward innovation. Locking much of the economy into monopolies, wasting the justice system's resources, giving preferential treatment to large businesses which can afford expensive legal battles and requiring arbitrary lines to be drawn defining what constitutes a violation of intellectual property are not signs of a functional system.
First, the Constitution doesn't protect natural rights to discoveries or writings. The original commenter left out the first part of that clause from the Constitution, which is "To promote the Progress of Science and useful Arts". This (along with the express requirement that such exclusive rights be limited in time) clearly indicates that the purpose of granting monopolies to inventors is to promote the common good, not the individual rights of the inventors.
Secondly, from a philosophical and economic view, the reasons that justify preventing physical property theft do not apply equally to the unlicensed use of art or inventions. If you steal a car, you prevent the owner from using it, but if you "steal" a song, you haven't actually deprived anyone of anything. Furthermore, the concept of [multiple discovery](https://en.wikipedia.org/wiki/Multiple_discovery) puts into question the idea of exclusive and unlimited control by inventors.
Here's an article that defends the idea of complete patent abolition: https://www.theatlantic.com/business/archive/2012/09/the-case-for-abolishing-patents-yes-all-of-them/262913/. I believe this would be best, but I also think decreasing the patent term to three years (and copyright to ten years) would almost certainly do very little harm.
And all this doesn't mean I don't want to reward creators. My argument is that the current system goes beyond rewarding creators, and actually harms independent creators, favoring large publishers and patent trolls.
I could ask the opposite question of someone who thinks differently than me: why do you think someone else has the right to prevent me from singing a song or [building a life saving device](https://www.techdirt.com/articles/20200317/04381644114/volunteers-3d-print-unobtainable-11000-valve-1-to-keep-covid-19-patients-alive-original-manufacturer-threatens-to-sue.shtml)?
>if you steal a song you haven’t deprived anyone of anything
Other than the credit for that song, you’re technically correct. But that invalidates any rights to constructed property if you follow it to a full conclusion.
I do recognize there’s an inherent issue with multiple discovery, but that’s more a function of “who gets to the patent office first” than anything inherently wrong with the system.
Morally I think we agree that if Taylor swift comes up with a song, I shouldn’t be able to sell that as my song after the fact, no?
> Morally I think we agree that if Taylor swift comes up with a song, I shouldn’t be able to sell that as my song after the fact, no?
This is an attribution issue, not a copyright issue. Morally, I think it's wrong to claim that you wrote a song that you didn't write because that's lying. However, I don't think it's morally right to permanently enjoin others from distributing a recording you made. And I think playing a cover of a song is not morally wrong at all.
Again, copyright is useful as a way to reward creation, but I don't think it should be a natural right, especially in its current form.
The only reason I can is so the inventor can recoup the cost of development before someone takes the plan and undercuts them. It can cost quite a bit to develop something. If there is no way to get the development money back there isn't much financial incentive to spend it.
If you haven't clicked through, the confluence of huckers in this story is simply unbelievable:
> Honestly, I wasn't sure how to begin this story or how to fit all the insanity into the title. It's a story involving patents, patent trolling, Covid-19, Theranos, and even the company that brought us all WeWork: SoftBank. Oh, and also Irell & Manella, the same law firm that once claimed it could represent a monkey in a copyright infringement dispute. You see, Irell & Manella has now filed one of the most utterly bullshit patent infringement lawsuits you'll ever see. They are representing "Labrador Diagnostics LLC" a patent troll which does not seem to exist other than to file this lawsuit, and which claims to hold the rights to two patents (US Patents 8,283,155 and 10,533,994) which, you'll note, were originally granted to Elizabeth Holmes and Theranos -- the firm that shut down in scandal over medical testing equipment that appears to have been oversold and never actually worked. Holmes is still facing federal charges of wire fraud over the whole Theranos debacle.
> That Defendants be enjoined from infringing the Asserted Patents, or if their infringement is not enjoined, that Defendants be ordered to pay ongoing royalties to Labrador for any post-judgment infringement of the Asserted Patents;
I'm trying to figure out what on Earth could make the first approach appear like a sane course of action to anyone.
Apart from reeking of evil it's not like they have their own production line ready to go - they'd get nothing from it.
Lawyers being lawyers playing hardball and forgetting what time it is while PR dozed off?
Obviously they have to assert the patents however bullshit they may be, but goddamn.
(Yes, the stupidity basically irks me more than anything else)