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Legal Issues

by Mike Masnick

Tue, Sep 22nd 2009 5:31pm




Filed Under:
blogging, defamation, patent troll tracker, patents, rick frenkel

Companies:
cisco


Patent Troll Tracker Case Settled... So When Can Frenkel Start Blogging Again?

from the pretty-pretty-please... dept

We'd already noted that it seemed like an uphill battle for the lawyers in Eastern Texas to prove defamation claims against the "Patent Troll Tracker" Rick Frenkel, and last night the judge chose the high bar of an "actual malice" standard to determine if Frenkel was guilty of defamation. With such a high standard, it seemed exceedingly unlikely that the plaintiffs could win a case, so perhaps it's no surprise that the two sides agreed to settle the case before it went to the jury. While no one knows the details of the settlement, Frenkel and Cisco issued an "apology," and I'd guess not much more, if anything.

But, really, all that's besides the point. The real question is whether or not this means Frenkel will start blogging again. Some of his statements in the past (and having to go through this entire ridiculous process) suggest that he may not blog again. However, I'm hopeful that he'll get back to it, though obviously not anonymously any more. His work in highlighting some of the more nefarious actions of patent system abusers is still sorely missed.

8 Comments | Leave a Comment

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  1.  
    identicon
    ..., Sep 22nd, 2009 @ 5:39pm

    No apology needed

    Apologize for what, telling the truth?

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Sep 22nd, 2009 @ 5:41pm

    The problem is that our patent system can't withstand criticism because it's all a bunch of nonsense so it must resort to litigation against those that question it in order to survive scrutiny. Any system that must resort to such tactics to defend itself is a failure and should be done away with.

     

    [ reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Sep 22nd, 2009 @ 5:42pm

    They should just patent a system or method used to critisize patent lawyers then they can do what they do best.

    Extortion

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    Anonymous Coward, Sep 22nd, 2009 @ 5:50pm

    Re:

    err/our patent system must resort to litigation and the censorship of criticisms and competing views to maintain itself.

     

    [ reply to this | link to this | view in thread ]

  5.  
    icon
    Pjerky (profile), Sep 22nd, 2009 @ 9:07pm

    I have a dream...

    Where childish lawsuits (lawsuits against those that attack those that tell the truth) are dismissed automatically. In this dream those that file said lawsuits are then imprisoned for a year on their first offense, just to make them think about it. On the second offense they get 5 years, then 10, then 20. Then people may actually reconsider filing frivolous lawsuits. Aahh, but tis a dream!

     

    [ reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Sep 23rd, 2009 @ 3:24am

    Hmmm...that is why people came up with TOR so people could criticize others without fear of retaliation. Laws are good but they are not perfect and some are almost criminal and that is why anonymity is embedded in the constitution of the U.S. as a right. It is one of the foundations to a healthy democracy.

    TOR is so good these days that you wouldn't notice all that difference from normal browsing if you just used to post to forums and not use google maps or anything intensive.

     

    [ reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Sep 23rd, 2009 @ 6:15am

    Frenkel should `sell` his blog to a shell company, then he can blog anonymously agian... using the same methods companys use to abuse patents

     

    [ reply to this | link to this | view in thread ]

  8.  
    identicon
    Virginia Hoge, Oct 17th, 2009 @ 6:58am

    Re: No apology needed

    you are right, no one should need to apologize for telling the truth. I am so sorry to learn of Troll Tracker's ordeal.

    my blog has also been shut down by force, I wrote about it here:

    http://www.laprogressive.com/2009/10/10/when-blogs-become-a-weapon-to-shut-down-free-speech /

     

    [ reply to this | link to this | view in thread ]


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