Latest Techdirt Comments http://www.techdirt.com/ Easily digestible tech news.... Huh? http://www.techdirt.com/articles/20130523/10255023186/vermont-declares-war-patent-trolls-passes-new-law-sues-notorious-patent-troll.shtml#c26 Thu, 23 May 2013 12:17:14 PDT http://www.techdirt.com/articles/20130523/10255023186/vermont-declares-war-patent-trolls-passes-new-law-sues-notorious-patent-troll.shtml#c26
But here I have to ask about this bit:

> Factors that suggest a bad faith patent assertion
> include not identifying the patent(s)-at-issue,
> and exactly how the recipient's behavior violates
> the patent

How the hell can someone sue, claiming a violation of their patent without even identifying the patent at issue? Or how the defendant is violating it?

How would such a suit even work? Does the plaintiff go into court and just say, "Defendant is violation a patent I own. Not gonna say how, or even which one. Just trust me, I own it, and they're violating it."

While I don't know much about patents, I do know basic civil procedure, and that seems ripe for a summary judgement ruling in favor of the defense.]]> Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Yes, it's trolling and yes, it's ridiculous http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1758 Thu, 23 May 2013 12:17:12 PDT http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1758 See? Patent and copyright trolls only require gov't to protect. http://www.techdirt.com/articles/20130523/10255023186/vermont-declares-war-patent-trolls-passes-new-law-sues-notorious-patent-troll.shtml#c4 Thu, 23 May 2013 12:16:06 PDT http://www.techdirt.com/articles/20130523/10255023186/vermont-declares-war-patent-trolls-passes-new-law-sues-notorious-patent-troll.shtml#c4
The only legitimate purpose of gov't is to protect citizens against the multitudes of criminals -- whether those are foreign or domestic, other gov't offices, or privateers -- and that definitely includes the abuse of paper money by banksters.

BUT because the merger of corporations and gov't is far along, any GOOD gov't does is now an anomaly.]]> Re: Re: Yes, it's trolling and yes, it's ridiculous http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1734 Thu, 23 May 2013 12:13:25 PDT http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1734
Also, you're delusional.]]> http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c196 Thu, 23 May 2013 12:09:58 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c196
Lets have a checklist of his submission:

1) Submit arguments and exhbits that have nothing to do with case at hand. Check

2) Take Federal Judge's order filed with the court that involves Prenda case and deny that it relates to said Prenda case. Check

3) Blame opposing council for difficulties in arguing said case. Check

4) Ask Judge to ignore submissions by anyone not affiliated with Prenda. Check

By chance before he became a lawyer , was he entertaining at kids parties and making balloon animals and honking a horn while wearing big red floppy shoes? Just curious.]]> Re: Re: Re: Re: Gov. speak http://www.techdirt.com/articles/20130522/09382823173/chicago-school-system-foia-requests-stonewalling-obfuscation-paper-shredding.shtml#c232 Thu, 23 May 2013 12:09:08 PDT http://www.techdirt.com/articles/20130522/09382823173/chicago-school-system-foia-requests-stonewalling-obfuscation-paper-shredding.shtml#c232
The all have their heads up each others ass and keep calling people to complain how dark it is...losers.]]> Re: http://www.techdirt.com/articles/20130522/09382823173/chicago-school-system-foia-requests-stonewalling-obfuscation-paper-shredding.shtml#c209 Thu, 23 May 2013 12:05:15 PDT http://www.techdirt.com/articles/20130522/09382823173/chicago-school-system-foia-requests-stonewalling-obfuscation-paper-shredding.shtml#c209 "Chicago Way", just like the Obama Admin, they do what ever they want and threaten/attack those that question their actions.

Scum bags!

If You're Going To Illegally Seize Citizens' Cell Phones, At Least Make Sure You're Grabbing The Right Ones
http://www.techdirt.com/articles/20130519/19190923142/if-youre-going-to-illegally-seize-citizens-cell-phones-least-make-sure-youre-grabbing-right-ones.shtml

IL Follows Suit: Employers Right To Ask For Social Media Passwords Codified Into Law
http://www.techdirt.com/articles/20130423/06214822806/il-follows-suit-employers-right-to-ask-social-media-passwords-codified-into-law.shtml

Illinois Bill To Outlaw Online Anonymity Dropped Because People Got Pissed Off, Not Because It's Unconstitutional
http://www.techdirt.com/articles/20130222/18003222079/illinois-bill-to-outlaw-online-anonymity-dropped-because-people-got-pissed-off-not-because-its-unconstitutional.shtml

DOJ And Dept. Of Education To Colleges: Start Restricting Free Speech On Campus Or Kiss Your Federal Funding Goodbye
http://www.techdirt.com/articles/20130517/18345423136/doj-dept-education-to-colleges-start-restricting-free-speech-campus-kiss-your-federal-funding-goodbye.shtml

Supreme Court Rejects Appeal Over Law Banning Recording The Police
http://www.techdirt.com/articles/20121126/14083621150/supreme-court-rejects-appeal-over-law-banning-recording-police.shtml

Seventh Circuit Court: Chicago Cops Can't Use 'Annoyance' As Reason To Stifle Free Speech
http://www.techdirt.com/articles/20120912/20384720366/seventh-circuit-court-chicago-cops-cant-use-annoyance-as-reason-to-stifle-free-speech.shtml]]> Quack Professor Releases Dumbest Violent Video Game Theory Ever http://www.techdirt.com/articles/20130521/06034223155/quack-professor-releases-dumbest-violent-video-game-theory-ever.shtml#c592 Thu, 23 May 2013 12:02:05 PDT http://www.techdirt.com/articles/20130521/06034223155/quack-professor-releases-dumbest-violent-video-game-theory-ever.shtml#c592 Look... http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c195 Thu, 23 May 2013 12:01:38 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c195 Re: Re: Re: http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c2084 Thu, 23 May 2013 12:01:08 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c2084 Any sensible officer

If this were sensible I don't think any officers would have even been dispatched.

"I'm sorry, you said water balloons?"
"Right."
"Sir, this line is for emergencies only. Goodbye."]]> Re: Re: http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1711 Thu, 23 May 2013 12:00:26 PDT http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1711 I assumed you would *appreciate* me not making a claim about the validity without knowing much about it.

That's a good point as I think you always jump on the invalidity bandwagon without being able to actually run through the analysis. I know that I couldn't do it, and I've never seen anything that makes me think you could either. The point though is that you didn't pull out the "invalid!" argument with this patent, and the reason why not seems obvious enough.

Care to comment on whether specific criminal infringement is alleged in the indictment? I'll refresh your memory:
On or about October 25,2008, in the Eastern District of Virginiaand elsewhere, the defendants, KIM DOTCOM, MEGAUPLOAD LIMITED, VESTOR LIMITED, FINN BATATO, JULIUS BENCKO, SVEN ECHTERNACH, MATHIAS ORTMANN, ANDRUS NOMM, and BRAM VAN DER KOLK did willfully, and for purposes of commercial advantage and private financial gain, infringe a copyright by distributing a workbeing prepared for commercial distribution in the United States, to wit, the copyrighted motion picture "Taken" (which would not be commercially distributed until on or about January 30,2009) by making it available on a computer network accessible to members of the public, when defendants knew, and should have known, that the work was intended for commercial distribution. (All in violation of Title 17, United States Code, Section 506(a)(1)(C) and Title 18, United States Code, Sections 2 & 2319(d)(2))
That's an allegation of specific criminal infringement. You claimed there were none. Can you admit that there is such an allegation or explain why this isn't one? Thanks. Source: http://www.washingtonpost.com/wp-srv/business/documents/megaupload-indictment.pdf]]> Re: 35% Commission http://www.techdirt.com/articles/20130522/11301723178/amazon-wants-to-sell-fan-fiction-with-it-originator-fanfic-author-all-sharing-profits.shtml#c522 Thu, 23 May 2013 12:00:18 PDT http://www.techdirt.com/articles/20130522/11301723178/amazon-wants-to-sell-fan-fiction-with-it-originator-fanfic-author-all-sharing-profits.shtml#c522
I'm guessing, because they aren't printing anything, and won't be paying to edit the material, their overhead will be low enough, not to worry about the costs.]]> Chewbacca Defense http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c178 Thu, 23 May 2013 11:58:58 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c178 Re: This strategy makes sense http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c156 Thu, 23 May 2013 11:58:13 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c156
Ummm yeah, I agree. Extortion and Fraud make them criminals and they should be dealt with as such.]]> Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130521/18265123163/reporters-find-exposed-personal-data-via-google-threatened-with-cfaa-charges.shtml#c789 Thu, 23 May 2013 11:57:08 PDT http://www.techdirt.com/articles/20130521/18265123163/reporters-find-exposed-personal-data-via-google-threatened-with-cfaa-charges.shtml#c789 Re: http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c143 Thu, 23 May 2013 11:53:24 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c143 others don't have the same.]]> Re: Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1143 Thu, 23 May 2013 11:50:59 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1143 How is this tool a way to infringe their copyrights at all? It's not like everyone is going to use it to create the exact same story over and over again.

I think the idea is that ScrollKit is encouraging people to take regular NYT news stories and use this tool on them to turn them into whatever cool web news thing that it does. I think that's stupid, but it sounds like that's the concern. If that's what they're worried about, they should buy the tool and do it themselves before someone else does.]]> Re: http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1707 Thu, 23 May 2013 11:49:35 PDT http://www.techdirt.com/articles/20130523/00174423181/kim-dotcom-threatens-to-sue-google-facebook-twitter-over-2-factor-authentication-patent-if-they-dont-help-him.shtml#c1707 Here's coverage of Dotcom's patent trolling from Ars: http://arstechnica.com/information-technology/2013/05/kim-dotcom-claims-he-invented-two-factor-authe ntication-but-he-wasnt-first/ and Guardian: http://www.guardian.co.uk/technology/2013/may/23/kim-dotcom-authentication-patents and IPCopy: http://ipcopy.wordpress.com/2013/05/23/kim-dotcom-and-the-two-factor-authentication-patent-inventor- or-not/

Good stuff. I had looked around last night when I wrote this and looked for prior art, but having not found any, I didn't comment on the validity of the patent. I assumed you would *appreciate* me not making a claim about the validity without knowing much about it.

But, yes, based on those links, it looks like the patent is pretty questionable, which reinforces the point I made above (which you conveniently want to ignore) that I agree that this is abusive behavior.]]> Re: Re: Re: Re: Re: Re: http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1135 Thu, 23 May 2013 11:48:59 PDT http://www.techdirt.com/articles/20130522/01382223168/new-york-times-tells-startup-it-cant-even-mention-ny-times.shtml#c1135 If that's the case, why can't I go to Flickr, download images, and use them in a TV advertisement?

You might be able to, if your ad has something to do with how the photos are used on Flickr. Maybe for a competing service or a Flickr-related browser plugin. It depends on how the fair use factors weigh out in that particular case. If you just need a photo of a dog for your dog food commercial, that is not going to fly.]]> Re: http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c120 Thu, 23 May 2013 11:48:40 PDT http://www.techdirt.com/articles/20130523/02455423183/prenda-lawyer-says-georgia-court-should-ignore-judge-wrights-order-because-look-hackers.shtml#c120