http://www.techdirt.com/ Easily digestible tech news.... 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#c1221 Thu, 23 May 2013 08:44:19 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#c1221 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#c1218 Thu, 23 May 2013 08:44:07 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#c1218 you can't just go to the USPTO and say "I want to patent the wheel". You can't because prior art exists.

Actually, yes, you could. The patent examiner would do a cursory search for prior art, but patent examiners are notoriously lousy at this, because a) they're not experts in the field, and/or b) they're swamped, and/or c) they're under pressure to approve as many patents as possible.

Then once someone "infringes" by making a wheel of their own, they get sued by the patent holder. It is now the defendant's burden to show that the patent is invalid, as an affirmative defense.

That actually happened in the Apple v. Samsung case. Apple's "rubber banding" patent was invalidated as prior art - after the jury had awarded a $1-billion judgement against Samsung.]]> http://www.techdirt.com/blog/wireless/articles/20130523/01030023182/man-butt-dials-911-while-discussing-murder-plot.shtml#c107 Thu, 23 May 2013 08:42:53 PDT http://www.techdirt.com/blog/wireless/articles/20130523/01030023182/man-butt-dials-911-while-discussing-murder-plot.shtml#c107 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#c1208 Thu, 23 May 2013 08:42:17 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#c1208 http://www.techdirt.com/articles/20130506/10364522962/eric-schmidt-still-fan-figuring-out-way-to-erase-past.shtml#c369 Thu, 23 May 2013 08:38:53 PDT http://www.techdirt.com/articles/20130506/10364522962/eric-schmidt-still-fan-figuring-out-way-to-erase-past.shtml#c369 http://www.techdirt.com/articles/20130515/00554723091/more-details-emerge-key-legal-fight-over-dmca-abuse.shtml#c490 Thu, 23 May 2013 08:38:39 PDT http://www.techdirt.com/articles/20130515/00554723091/more-details-emerge-key-legal-fight-over-dmca-abuse.shtml#c490 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#c1185 Thu, 23 May 2013 08:38:02 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#c1185
It's the stuff you DIDN'T say that we're focusing on. You didn't say it was patent trolling that is a bad thing regardless of the racketeering angle. You didn't question the validity of the patent itself. You pointed out that he's saying pay up or I'll sue, and then you said that his victims should consider paying up and playing along because there's a "pretty good reason for the tech industry to think about participating in the case." That's you justifying his means because of the ends. That's not you condemning his means. You didn't condemn the means, hence our responses.

Sorry Mike, but you look pretty bad here. And, of course, it's Kim Dotcom, so you give him a free pass with this stuff. No surprise there. The only surprise would have been if you had actually called him out for the "extortion" and said that was bad in general, and not just bad because it might hurt him in later litigation. Nice try and spinning this, but we can all see what you wrote.]]> http://www.techdirt.com/blog/wireless/articles/20130523/01030023182/man-butt-dials-911-while-discussing-murder-plot.shtml#c69 Thu, 23 May 2013 08:34:38 PDT http://www.techdirt.com/blog/wireless/articles/20130523/01030023182/man-butt-dials-911-while-discussing-murder-plot.shtml#c69
He's words apolologist.]]> 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#c1178 Thu, 23 May 2013 08:32:50 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#c1178
That is why Dotcom has asked for anyone who is interested in buying the patents to contact him.]]> 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#c1163 Thu, 23 May 2013 08:31:49 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#c1163 http://www.techdirt.com/articles/20130522/11301723178/amazon-wants-to-sell-fan-fiction-with-it-originator-fanfic-author-all-sharing-profits.shtml#c476 Thu, 23 May 2013 08:31:05 PDT http://www.techdirt.com/articles/20130522/11301723178/amazon-wants-to-sell-fan-fiction-with-it-originator-fanfic-author-all-sharing-profits.shtml#c476 Fan Fiction is NOT, and CAN NOT be copyright infringement, because there is nothing copied at all.

US: "102 (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

Copyright is about the exact form, and not about an "idea" or a "concept".

I agree with you in theory, but the courts have generally ruled otherwise. See: http://scholar.google.com/scholar_case?case=8887709316369349826&hl=en&as_sdt=2&as_vis=1&oi=scholarr]]> 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#c1140 Thu, 23 May 2013 08:29:51 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#c1140 If IV trolled someone but then pointed out that they should cave in because it was in their best interests on some unrelated matter, do you think Mike would think it was a good idea then?

Does Mike think it's a good idea now?

No. He called it "a potentially poorly thought out strategic move that could backfire." Admittedly, I'd like him to use stronger language too, but what can you do.

On the other hand - if it were IV doing this sort of trolling, you would be on their side, saying that they're just "protecting their property," and that anyone who is against it just hates patent law and loves patent piracy, or some such nonsense.

Then, spam the comments with some misreading of unrelated case law, or misstatements of the Founders' opinions, or multiple "Y u no debate meeeee!" posts at Mike, or some other idiotic attempt to derail the conversation. Just like you always do.

I don't think the DMCA applies in criminal cases, but even if it did, what's going to happen that would affect others like Google?

That's not the only issue, of course, but even if it were, then it would mean that the government could seize Google (or whoever the next Google is), even though they are completely compliant with the DMCA.

All they would have to do is take Viacom's accusations (or whoever the next equivalent of Viacom is), claim that shows probable cause for criminal infringement, and boom! Instant seizure, shutdown, and arrest. No DMCA defense, no advance notice, no prior chance to defend their actions. And all their assets would be frozen, so no money to mount a legal defense.

That's exactly what happened to Megaupload.]]> 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#c1128 Thu, 23 May 2013 08:27:37 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#c1128
Words is hard!

I guess more normal people can read "parsed words" just fine.]]> http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c2022 Thu, 23 May 2013 08:27:21 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c2022 http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c2010 Thu, 23 May 2013 08:25:42 PDT http://www.techdirt.com/articles/20130519/18102623141/so-its-come-to-this-seven-high-school-students-arrested-throwing-water-balloons.shtml#c2010 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#c1118 Thu, 23 May 2013 08:23:01 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#c1118 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#c1102 Thu, 23 May 2013 08:22:01 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#c1102
The only reason they left that one up was because law enforcement said to not take it down.

They got screwed over by the law for following the law.

So, even if you think that other companies would be unaffected because they have Safe Harbors, remember that Megaupload did as well, and look at what happened.]]> http://www.techdirt.com/articles/20130521/22543223166/modest-proposal-going-piracy-neutral.shtml#c428 Thu, 23 May 2013 08:20:14 PDT http://www.techdirt.com/articles/20130521/22543223166/modest-proposal-going-piracy-neutral.shtml#c428 http://www.techdirt.com/articles/20130521/22543223166/modest-proposal-going-piracy-neutral.shtml#c403 Thu, 23 May 2013 08:18:44 PDT http://www.techdirt.com/articles/20130521/22543223166/modest-proposal-going-piracy-neutral.shtml#c403 http://www.techdirt.com/articles/20130522/02350923170/new-bill-would-stop-patent-trolls-hiding-behind-shell-companies.shtml#c366 Thu, 23 May 2013 08:16:30 PDT http://www.techdirt.com/articles/20130522/02350923170/new-bill-would-stop-patent-trolls-hiding-behind-shell-companies.shtml#c366