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Startup Threatened Into Settling Over Hyperlinking

An anonymous reader writes "A tiny startup that was threatened by a massive law firm over nothing more than a humble hyperlink has been forced to settle and change its linking policies, handing Goliath the win in this gratuitous trademark case. Under the agreement, real estate startup BlockShopper can no longer include hyperlinks anywhere on its website to Jones Day, a massive Chicago law firm, except explicitly on URL text. Essentially, jonesday.com is okay, but not blah blah blah." I wonder if the owners of jonesdaysucks.com feel the same way.

26 of 333 comments (clear)

  1. oh yizzo by Anonymous Coward · · Score: 5, Funny
    1. Re:oh yizzo by Anonymous Coward · · Score: 5, Informative

      Let them know how you feel via their contact page at:

      JonesDay's Contact Us page

    2. Re:oh yizzo by zappepcs · · Score: 5, Insightful

      I get the feeling that they are soon to learn about what is called The Streisand Effect - You know, it's where you fuck up on the Internet and the entire fucking Internet takes a moment to let you know about it.... lol

    3. Re:oh yizzo by larry+bagina · · Score: 5, Insightful

      I wonder if they have a proper license for all their software... I bet the BSA would like to know, too!

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    4. Re:oh yizzo by The+Master+Control+P · · Score: 5, Insightful

      The Streisand Effect isn't so much that one fucks up on the Internet (people do that all the time), but that one fucks with the Internet. Which then proceeds to try a hundred times harder at doing whatever you didn't want it to do.

      Do not taunt happy fun Internet.

    5. Re:oh yizzo by Sun · · Score: 5, Insightful

      Possibly this is just an exercise in reverse psychology:

      1. Threaten and win a frivolous law suite concerning not linking to your site, thus activating the Streisand Effect.
      2. Prominent high ranking site Slashdot starts filling an article with links to you, thus upping your page rank
      3. Profit

      Shachar

    6. Re:oh yizzo by ShieldW0lf · · Score: 5, Insightful

      At least you didn't link to gay porn or child porn or beastiality or golden showers or shit-eaters or goatse.cx or any crude stuff like that...

      --
      -1 Uncomfortable Truth
  2. All those lawyers... by Jeff+DeMaagd · · Score: 5, Interesting

    ...and not one memo to a tech guy for a technological solution? I mean, if you don't like a site deep-linking into your own, isn't it a trivial one-line change to the server setup to block referrers?

    1. Re:All those lawyers... by Anonymous Coward · · Score: 5, Insightful

      When the only tool you have is a hammer...

    2. Re:All those lawyers... by blantonl · · Score: 5, Insightful

      ..then you are bound to hit your finger.

      --
      Lindsay Blanton
      RadioReference.com
  3. Cue the Streisand effect in 3...2...1... by tekiegreg · · Score: 5, Interesting

    This whole blah blah blah linking scandal is just so blah blah blah stupid. Heck maybe we can cue a blah blah blah Googlebomb to demonstrate just how bad Jonesday is with the handling of this blah blah blah issue.

    BTW: Jonesday, if you're thinking of suing me don't bother, I've got no money and know plenty of lawyers who will work for me anyways. It's not so much blood from a stone as it's blood from a raging inferno.

    --
    ...in bed
  4. This just in.... by Anonymous Coward · · Score: 5, Funny
    1. Re:This just in.... by phantomfive · · Score: 5, Interesting

      We are actually going about this the wrong way. See, if you do a search for "Jones Day", the law firm still comes up first. What we need is something like Jones Day Jones Day Jones Day! (Don't click on the links, trust me!!!) Or some other equally despicable site. Maybe we can get Jones Day the company off the front page of google (maybe not, but I can dream)!

      --
      Qxe4
  5. No Justice, No Peace? by clambake · · Score: 5, Insightful

    From TFA: "Do you know, young man, how much money it's going to cost you to defend yourselves against Jones Day?"

    So, basically, here's a just saying, point blank, that he's not in the business of justice... that it's irrelevant if you are right in the eyes of the law, if you don't have enough money, you lose. It's refreshing to see a judge being so honest.

  6. wtf judge? by KDingo · · Score: 5, Insightful

    Unfortunately, the judge in the case refused to even look at the brief after Jones Day said the brief sided with one party (as most amicus briefs do); he also refused to dismiss the case at the request of BlockShopper. According to TechDirt, the judge even allegedly put pressure on BlockShopper to back down by saying, "Do you know, young man, how much money it's going to cost you to defend yourselves against Jones Day?"

    I may not know much, but that's pretty low.

    1. Re:wtf judge? by NormalVisual · · Score: 5, Informative

      Let him know then:

      The Honorable John W. Darrah
      United States District Court
      219 South Dearborn Street
      Chicago, IL 60604
      Contact: Kathryn E. Bianchetti
      Phone: (312) 435-5619

      I would expect such behavior from a big law firm, and to some degree it's to be expected if it's a real trademark action, but I'd expect a federal judge to use a little more discretion and not be so blatantly one-sided. This asshole frankly seems to be in Jones-Day's back pocket, and I wouldn't expect anything resembling a fair hearing from him based on his actions to this point.

      Yes, Judge Darrah, I just said I believe you're either either incompetent or crooked. You can choose which one you think represents you best, but either way I don't think you're qualified to be hearing this case.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    2. Re:wtf judge? by Anonymous Coward · · Score: 5, Informative

      Or you can rate him here. This should get interesting:

      http://www.therobingroom.com/Judge.aspx?ID=1190

      Reaaaaddyyyyyyy GO

  7. RTFA, it's not about hot linking by Anonymous Coward · · Score: 5, Informative

    .. the firm presumably wasn't thrilled about having its attorneys' home purchases broadcast ..

    The firm's got a point if you ask me.

    .. (the firm) demanded that BlockShopper remove the items. When BlockShopper refused, the firm sued the 15-staff startup for trademark infringement.

    This is an overkill, but I'm sure they just meant to teach these boneheads a lesson - don't fuck with lawyers.

    1. Re:RTFA, it's not about hot linking by PitaBred · · Score: 5, Informative

      It doesn't matter. It's public record, and the litigous bastards at Jones Day got upset at Blockshopper simply posting public info on their site. And they sued them by filing an abusive lawsuit with a completely unrelated law, nothing actually connected with what they were upset about. That's what the bullshit is.

    2. Re:RTFA, it's not about hot linking by Sensible+Clod · · Score: 5, Funny

      We don't use the expression "RL", we use "AFK".

      Sorry. Couldn't resist.

      --

      The difference between spam and poop is that you don't have to dig through septic tanks looking for real food. -- Me
    3. Re:RTFA, it's not about hot linking by NewYorkCountryLawyer · · Score: 5, Informative

      Yep, but the judge in this case is the even bigger idiot.

      Thing is, judges always say things like that -- to both sides. It doesn't tell you how they're ultimately going to rule.

      Unlike on television, where every case goes to trial in 3 days, the reality of litigation is that the Courts do not have the resources for every case to go to trial. The Courts would need to be a hundred times their present size to accommodate that many trials.

      In today's world of modern litigation, one of the functions of a judge is to get rid of the case, which involves arm twisting of BOTH sides. The judge tells each side why they're stupid not to settle.

      So if the judge said that, you can't draw any conclusions as to how the case would ultimately wound up.

      --
      Ray Beckerman +5 Insightful
  8. Libel! by dangitman · · Score: 5, Funny

    I insist that you stop this defamation immediately! jonesday.com is a fine, upstanding company that offers excellent service.

    --
    ... and then they built the supercollider.
  9. You know... by ToxicBanjo · · Score: 5, Funny

    ...someone should Da Vinci their Gibson with extreme prejudice.

    Scriptkiddies could finally be useful!

    --
    There are only 10 kinds of people in the world. Those that understand binary and those that don't.
  10. More information all over the web by Anonymous Coward · · Score: 5, Interesting

    According to this blog and many other sources, the lawyers in question were Dan Malone and Jacob Tiedt, who do indeed work at Jones Day according to their own web site. It's not clear to me what, exactly the issue is there. The names involved in sales of a property are ordinarily recorded as public information (unless it's done through an agent or something). The information about these gentlemen's employment is right on their employer's web site. Is Jones Day claiming that putting this information together is illegal?

    The blog cites another article in a law journal about supposed concerns about privacy. Fair enough. But if that's the case then these guys have probably gone out of their way to keep all personal information private.

    Wait, what's this? Jacob Tiedt is a pretty distinctive name. There can't be too many of those in Chicago. And, wow, that's strange. Why the heck does the guy's name appear all over the place in a Google search that simply uses "Jacob Tiedt" and "Chicago"? Heck, one of the web pages registers his political donations which ALSO indicates that his employer/occupation is "Jones Day/Attorney" and gives his ZIP code. Lexis Nexis gives all sorts of details too, and (gasp) links directly to the jonesday.com web site. Horrors. And, strange, apparently he doesn't have an unlisted number, because his name is easy to find in the various on-line white pages. It's almost as if he hasn't made the slightest effort to remain incognito.

    It looks like Jones Day is going to spend a lot of time in litigation if they want to expunge the web of any links to Jones Day and these guy's personal information, and half of the web pages are as a result of their initial attempts with Blockshopper. Hello? Streisand effect?

    The apparent remedy in the settlement was to prohibit links like this: Daniel P. Malone Jr., while links like this: www.jonesday.com/dpmalone are acceptable. Huh? I don't get it.

    What a farce.

  11. Re:grasp of technical matters fail by NewYorkCountryLawyer · · Score: 5, Funny

    Lawyers generally don't strive on the reputation of being likable.

    Now you tell me.

    --
    Ray Beckerman +5 Insightful