On 12/25/2010 11:19 AM, Tim Cook wrote:


On Sat, Dec 25, 2010 at 1:10 PM, Erik Trimble <erik.trim...@oracle.com <mailto:erik.trim...@oracle.com>> wrote:

    On 12/25/2010 6:25 AM, Edward Ned Harvey wrote:

            From: zfs-discuss-boun...@opensolaris.org
            <mailto:zfs-discuss-boun...@opensolaris.org>
            [mailto:zfs-discuss- <mailto:zfs-discuss->
            boun...@opensolaris.org <mailto:boun...@opensolaris.org>]
            On Behalf Of Joerg Schilling

            And people should note that Netapp filed their patents
            starting from 1993.
            This
            is 5 years after I started to develop WOFS, which is copy
            on write. This

        still

            In any case, this is 20 year old technology. Aren't
            patents something to
            protect new ideas?

        Boy, those guys must be really dumb to waste their time filing
        billion
        dollar lawsuits, protecting 20-year old technology, when it's
        so obvious
        that you and other people clearly invented it before them, and
        all the money
        they waste on lawyers can never achieve anything.  They should
        all fire
        themselves.  And anybody who defends against it can safely
        hire a law
        student for $20/hr to represent them, and just pull out your
        documents as
        defense, because that's so easy.

        Plus, as you said, the technology is so old, it should be
        worthless by now.
        Why are we all wasting our time in this list talking about
        irrelevant old
        technology, anyway?


    While that's a bit sarcastic there Ned,  it *should* be the
    literal truth.  But, as the SCO/Linux suit showed, having no
    realistic basis for a lawsuit doesn't prevent one from being
    dragged through the (U.S.) courts for the better part of a decade.

    <sigh>

    Why can't we have a loser-pays civil system like every other
    civilized country?


-- Erik Trimble
    Java System Support
    Mailstop:  usca22-123
    Phone:  x17195
    Santa Clara, CA
    Timezone: US/Pacific (GMT-0800)



If you've got enough money, we do. You just have to make it to the end of the trial, and have a judge who feels similar. They often award monetary settlements for the cost of legal defense to the victor.

--Tim


Which is completely useless as a system. I'm still significantly out-of-pocket for a suit that I shouldn't have had to fight in the first place, and the likelihood that I get to recover that money isn't good (defense cost awards aren't common). There's no disincentive to trolling the legal system, forcing settlements on those unable to fight a protracted suit, even if they're sure to win the case.

Using the US legal system as a business strategy is evil, pure and simple, and one all too common nowadays.


--
Erik Trimble
Java System Support
Mailstop:  usca22-123
Phone:  x17195
Santa Clara, CA
Timezone: US/Pacific (GMT-0800)

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