John Boyle wrote: > To ALL, including Linux users: Why not sue MSFT for all its patent > infringements and Libel? :-(
Good idea: just one question: who's being libeled? In order for there to be a libel, there has to be identification of a person. While this does not prevent members of a group from suing contrary to popular belief, typically the group has to be small enough so that each person can be identified. If I say lawyers are bunch of lying scumbags, that does not give every member of the bar cause to launch a lawsuit. If, however, I went off my rocker and said the members of the Pueblo City Council meet afterwards to deal drugs, each of them could sue me. Even if you have a group small enough to where personal identification is possible, that more than likely makes that person a public figure. In the US, in order to win on a defamation suit, actual malice must be proven. So not only do you have to prove that what was said was false (in both a literal and in the general manner), but the person either knew it wasn't true or was grossly indifferent. And in terms of the patent infringements, I hate to break it to you, but the same rules apply to us as they do to Microsoft. If one of us had a patent that was lying around and Microsoft used it, we would have to prove that we affirmatively tried to enforce that fact. And even if that is the case, if it's six years past and nothing has been brought forth, you are sol Charlie. For me, though, it's more like what's the point. Microsoft's claims are bull, so why should I raise them to a level of legal significance and importance. Sometimes, the biggest punishment is not stopping somebody from making an ass of themselves. --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
