just ignore the patent-trolls
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Author | Content |
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linux4567 Jul 22, 2012 12:59 PM EDT |
Markus Persson is based in Sweden so he can just ignore the Texas law suit. At least that's what I would be doing as someone living in Sweden and running a business based in Sweden certainly isn't affected by US laws. I don't even see how the patent-trolls can claim that a Texas court has any jurisdiction in the matter. |
gus3 Jul 22, 2012 3:16 PM EDT |
The court hearing the case may be based in Texas, but it can impact a foreign company's ability to do business in part or all of the USA. |
caitlyn Jul 22, 2012 3:46 PM EDT |
@gus3 is right. There is no way you can "just ignore" a U.S. patent suit if you want to do business in this country. |
linux4567 Jul 22, 2012 10:20 PM EDT |
That's not actually true, as long as he doesn't have a subsidiary company in the US it doesn't affect him. He can still sell to americans and to american companies from Sweden just like he is doing now. (that's the beauty of software, it doesn't require local presence and doesn't have to pass customs checks). There is way too much scare-mongering and FUD going on with regards to patents and your posts confirm that the FUD is working (I bet you are both US based, which explains why you have fallen for the FUD as you are much more exposed to it than europeans like myself). The only laws that apply to someone based in Sweden are Swedish laws and software patents don't exist in Sweden or anywhere in Europe. |
caitlyn Jul 23, 2012 1:42 AM EDT |
Quoting:That's not actually true, as long as he doesn't have a subsidiary company in the US it doesn't affect him.Not so. A court can and will ban sales in the U.S. Quoting:(I bet you are both US based, which explains why you have fallen for the FUD as you are much more exposed to it than europeans like myself).... or maybe it's that Americans are more familiar with U.S. law than Europeans are. |
cabreh Jul 23, 2012 2:16 AM EDT |
@caitlyn Yes, they can ban sales "within" the US. But, they have no control over an US citizen buying the software on-line from another country. I believe that is what linux4567 is saying. And he is correct. |
jdixon Jul 23, 2012 6:22 AM EDT |
> Not so. A court can and will ban sales in the U.S. Yes, it can. However, they have no authority or ability to prevent him from selling his products, even to US citizens, in Sweden or from a Swedish based website. Their options to enforce such a ruling are limited, and only really available to federal courts. As examples, they can order customs to try to intercept any shipments, they can (in theory) require US based ISP's to block connections to his website, and they can order US based credit card companies not to make payments to him. Finally, they can ask the Swedish government to intervene, How feasible or successful any of these would be is debatable. A court can rule however it wishes. Enforcing the ruling is another matter entirely. A wise judge knows the limits of the court's ability and tempers his rulings accordingly. It's unfortunate that we don't seem to have many of those anymore. |
jdixon Jul 23, 2012 6:29 AM EDT |
> But, they have no control over an US citizen buying the software on-line from another country. Legally, they do, at least within their jurisdictions. If the court bans sales of the software, then US citizens within that courts jurisdiction are barred from purchasing it. Now, whether that would stop anyone or not is another matter. US citizens (and most of the world for that matter) have always taken a rather dim view of the government's attempts to stop commercial activities, Prohibition and "the war on drugs" are rather obvious examples of how successful such orders tend to be. |
jacog Jul 23, 2012 6:41 AM EDT |
This guy's intent is not to ban sales though. He wants money. From what I can tell he doesn't actually have any product. Hard to take a guy seriously who refers to himself as (not making this up) 'Ric "The Man In the Van" Richardson, who does much of his thinking in the back of the van he calls "The Dickmobile"'. And his attorney is Barry Bumgardner. I'm also to believe that the thing Byron Bay, where he resides is most known for (aside form the beaches and rich people), is the consumption of vast amount of pot. On the other hand, he did manage to get money out of Microsoft with this very same patent. Worse, he got it after initially losing the case, first sans jury, appealed and then won it with a jury, which the judge then overruled, and the next round he won. |
Bob_Robertson Jul 23, 2012 9:32 AM EDT |
Disgusting. |
JaseP Jul 23, 2012 11:14 AM EDT |
I forget who said it first, but, "Those who can,... innovate. Those who can't,... litigate." |
cabreh Jul 23, 2012 12:16 PM EDT |
@jdixon Yes they could do something about the US citizens buying software that has been made illegal to buy. However, since that wouldn't pay this turkey any money, it just won't happen. |
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