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BetaNet Sues Everyone For Remote SW Activation
eldavojohn writes "Not to be out patent trolled by Eolas, a mystery company named 'BetaNet, LLC' is suing: Adobe Systems, Inc, Apple, Inc., Arial Software, LLC, Autodesk, Inc.,, CARBONITE, INC., Corel Corp., Eastman Kodak Co., International Business Machines Corp., Intuit, Inc., Microsoft Corp., McAfee, Inc., Oracle Corp., Rockwell Automation, Inc., Rosetta Stone, Inc., SAP America, Inc., Siemens Corp. and Sony Creative Software, Inc. for infringement of their patent entitled Secure system for activating personal computer software at remote locations. And of course, this was filed in our favoritest of favorite places: Marshall, TX (Texas Eastern District Court)."
...that BetaNet is a patent troll... But given the letter of the law, it's not that simple.
Being a patent troll isn't about the letter of the law, it's about taking advantage of the law in such a way that stifles innovation in order to maximize your profit. Specifically, it is about getting patents and never exercising them and, even more so, not suing when infringement becomes obvious but rather waiting until you can get the biggest payday possible. Basically it is being a tech company that profits through the legal system rather than through technology. It is the antithesis of what patent law is suposed to do, patent law is suposed to be a shield, not a sword.
Judges do not make the laws, they simply settle disputes with laws already made.
Judges don't make statutory laws but they do make case law which is just as important. Even the best statutory laws need interpretation. Our judicial system provides that interpretation. Occasionally judges (usually the State & Federal Supreme Courts) strike down laws that are incompatible with the existing legal system or interpret them in ways that change the legal system - hopefully for the better. With apologies to Martha Stewart, this is a Good Thing (tm).
It would be a gross violation of their judicial power were they to legislate from the bench ( which many attempt anyway ).
So you would prefer that Jim Crow laws had remained constitutional? Without judicial interpretation they would have remained the law of the land for much longer than they actually did. Laws are not always fair and the interpretation of them matters. Judges having the ability to interpret laws and occasionally striking them down is something you should be grateful to have - at least in the long run. Saying that judges shouldn't interpret laws belies an immense ignorance of how our legal system actually works. What you are really arguing for is a weak judiciary and a strong legislature. I prefer they be relatively balanced in power.
Regardless, if you want to know why this particular area houses so many of these types of disputes, follow the money. They wouldn't do it if they weren't benefiting financially somehow.
The cases are housed there because the US District Court in that location have the judicial experience and infrastructure to handle these cases better than almost anywhere else except maybe Central California and the Texas court has a reputation for plaintiff friendly juries and rules for fast trial proceedings.