|
|
|
| Authored by: Anonymous on Saturday, May 04 2013 @ 07:26 AM EDT |
Looking at the way the justice system in the US keeps getting abused by
vexations litigators to shut down free speech and exact rents from innovators, I
cannot say I disagree.
However, I wonder if it's going far enough.
If someone files a case without merit, or some multiple of cases, shotgun
fashion, with a clear agenda to exact unwarrented rents, shut down free speech,
or similar abuse - why is there no law that turns that sort of behaviour into a
criminal offense?
Don't forget, these entities are immunized from losses by the fact that they
make no profits. If, however, the defendant, upon prevailing, can turn this into
a criminal matter - abuse of the court - the entire profit/loss ratio changes
drastically.
Given the overloaded nature of the courts and the cost of defending against
cases it seems to me a disincentive of such a type is rapidly becoming a
necessity.[ Reply to This | Parent | # ]
|
| |
| Authored by: albert on Saturday, May 04 2013 @ 12:05 PM EDT |
"..access to the actual invention.."
..would work for mousetraps, but not s/w patents, which don't exist in the
'real' world..
Like 'process' patents and 'method' patents, s/w patents are behavioral, patents
on a persons (or computers) behavior.
Therein lies their 'value'. Who can catch the wind?[ Reply to This | Parent | # ]
|
| |
| Authored by: Anonymous on Sunday, May 05 2013 @ 11:54 AM EDT |
"And secondly, under English law, using incorporation to separate reward
from liability is a straightforward abuse."
While in the US, separating reward from liability is the whole point![ Reply to This | Parent | # ]
|
|
|
|
|
