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Martha Stewart Out To Exterminate Patent Troll Lodsys
McGruber writes "Gigaom's Jeff John Roberts reports that Martha Stewart Living Omnimedia, Inc. (MSLO) has filed a lawsuit against Lodsys, a shell company that gained infamy two years ago by launching a wave of legal threats against small app makers, demanding they pay for using basic internet technology like in-app purchases or feedback surveys. In the complaint filed this week in federal court in Wisconsin, Martha Stewart Living Omnimedia asked a judge to declare that four magazine iPad apps are not infringing Lodsys' patents, and that the patents are invalid because the so-called inventions are not new. The complaint explained how Lodsys invited the company to 'take advantage of our program' by buying licenses at $5,000 apiece. It also calls the Wisconsin court's attention to Lodsys' involvement in more than 150 Texas lawsuits. In choosing to sue Lodsys and hopefully crush its patents, Martha Stewart is choosing a far more expensive option than simply paying Lodsys to go away."
....out of nowhere I have a heck of a lot more respect for Martha Stewart.
It's like MAGIC!
It's a *GOOD* thing...
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
Lodsys has finally encountered the perfect enemy - Queen bitch, completely self-absorbed, and very, very wealthy. Martha Stewart not only has the money, power, and influence to defend herself, but if she has taken personal offense to their tactics, she won't stop until she has completely and utterly destroyed Lodsys.
Yay!
Wouldn't you know it, Lodsys is one of Myhrvold's shell entities.
Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
Go Martha go-bble, yum, sorry, can't speak with my mouth full. Mouth watering. Delicious. Wow!
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But loves garden gnomes.
It seems to me that congress needs to revise the rules for obtaining and holding patents. I think that if the subject being patented can be recreated simply by having seen it in action or by a reading of the requirements, then it does not deserve a patent. So stuff like one-click or side to unlock would be excluded. There needs to be real hard work put forth on something before it should be considered an invention. We need to stop patenting mere ideas and obvious stuff. The hard work part should not be based on how hard the patent holder worked, but on how hard a challenger to the patent would have to work. I do think a good system of rules would be hard to develop. The system should not be easily gamed. If it proves too difficult to write such a set of rules, then it seems to me that having a patent system is bad idea. Furthermore, most all inventions are going to be incremental improvements. Most fields have lots of people working in them. So if the increment of improvement is small and there are many people in the field, then clearly it won't be much work for others to achieve the same result, and hence the first to file concept seems grossly unfair. So now you have to decide what is a significant enough increment for something to warrant a patent. Perhaps if you have a mind like Tesla one could truly invent something stunning, but even then I have my doubts, for every Tesla there seems to a Marconi.
They went after the National Association of Realtors. The fifth largest all-time donor to federal politicians since 1989.
When big political donors get upset, politicians will act.
It may cost more. But maybe she's also considering the principal of the matter. She could be thinking "this might cost me some money, but those (whatever language older....so nice women use) SOBs shouldn't get away with this". Plus it might give other trolls the idea that going after patents/sueing for bullshit claims may not always end in their favor. Kudos to her!
Indoctrinate : to instruct especially in fundamentals or rudiments Educate : to develop mentally, morally, or aestheti
This is an example of long-term thinking.
People only look at their personal short-term gain, with no thought about the long-term consequences. It's paying the Danegeld, nothing less.
I read all the time about this-or-that injustice and oh! the outrage it sparks, but no one wants to do the right thing and fight because it's so hard!
When a cop violates your civil rights, do you take him to court? If no one does, then cops feel free to do whatever they want, and rights violations are everywhere.
When the BSA (business software alliance) demands to search your office without a warrant, when the RIAA offers to settle for less than the court costs, when the border patrol stops and searches your car, or when patent trolls demand license fees, it's all the same: bullies feel free to operate, it's the Danegeld in another form.
If people stood up for their rights and took the bullies to task, there would be a lot less bullying. It would be expensive for the first few people, but in the long run it would be better for everyone. Consider it an investment in your childrens' future: if you fight now, they won't have to fight later.
Next time you read about an injustice, think about what the victim could do to take the bullies to task. Then ask "why didn't they do that?"
You make a good point about the approval from the top, however calculating the 'greater loss' can be complex, especially if you're considering long term. Sort of like how many/most companies today will fight 'frivolous' lawsuits to the hilt - it's more expensive in the short term, against that litigator, yes, but in the long run if you're seen as a target you face so many more lawsuits it's actually cheaper to fight.
I don't read AC A human right
Plus it might give other trolls the idea that going after patents/sueing for bullshit claims may not always end in their favor. Kudos to her!
In the bigger picture, it will only make a difference if the people responsible for Lodsys's antics are held personally responsible. Otherwise a troll isn't really going to care if their company goes under as long as they walk away with some money in the meantime.
So its ok for the feds to lie to us, for fbi to lie, for Obama to lie, its ok for all politicians to lie to everyone daily.
Hey feds, the sky is red. Arrest me.
All of the SEC is spineless and corrupt and a in cahoots with the corp elite.
Liberty freedom are no1, not dicks in suits.
When it comes to patent trolls, you have not only to get their planes, but also target their parachutes. Total war.
They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
who eats french stuff daily?
Er. The French?
"Lying" to a federal investigator. Right.
This was an FBI interview. The only record allowed at an FBI interview are the FBI's notes. You are not allowed any other record. So the record can say whatever they want it to say after the fact.
The fed's started this high profile case against her, for whatever reason, and made a huge media splash. When it turned out that she hadn't actually done anything wrong, they were about to be left looking stupid. Can't have that, can we? So they nailed her on this completely irrelevant charge of having said something incorrect, during an interview where the only record was the set of notes taken by the people interviewing her.
Even if the notes are accurate, what's with prosecuting someone for saying something incorrect? It may be a lie, it may be merely a mistake. You are not under oath, often the FBI intimidates people into giving interviews without their lawyers present. It's a sick business.
Enjoy life! This is not a dress rehearsal.
Sadly, it does nothing to prevent another planeful from taking off. You need to target the airport that is allowing them to get off the ground in the first place: the patent system.
When our name is on the back of your car, we're behind you all the way!