Online Auction Industry In A State Of Limbo
theodp writes "It seems the online auction industry is in a state of limbo after last week's ruling that eBay violated patents belonging to MercExchange. MercExchange said it will file an injunction against eBay to keep them from using the technology, eBay said it will file motions to overturn the verdict, and MercExchange is ultimately looking to sell its entire portfolio of auction-related patents. Names being bandied about as possible acquirers include Amazon, Yahoo and eBay itself. Whoever holds the patents may require other sites to pay them licensing royalties."
I'm so tired of this "let's blame the lawyers" crap. Remember that it's the actual parties who file the lawsuits; lawyers are merely advocates for their clients.
Have you ever dealt with a lawyer? No? I have. Plenty. In my experience, the vast majority of lawyers are in fact immoral slimeballs, just as the common wisdom says. Comparing to used car salesmen does a disservice to the salesmen. Basically, the advice you will get from a lawyer is normally designed to maximize the lawyer's billings, with scant concern for your own financial well being. And believe me, these guys are hungry for billings.
There are exceptions - Eben Moglen and Larry Rosen immediately spring to mind - but they are few and far between.
Keep this in mind: the U.S. legal system was designed and maintained by lawyers. Mainly, it's been designed to be good for lawyers. Does it work well for the general public? No. You know that, I know that, we all know that.
The patent system is the same.
Have you got your LWN subscription yet?