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The Internet Privacy

Lawyer Puts $10k Bounty on Blogger's Identity 286

I Don't Believe in Imaginary Property writes "Raymond Niro of Niro Scavone Haller & Niro is fighting back against criticism from the Patent Troll Tracker blog by offering a $10,000 bounty for the identity of the person behind it. He thinks the blogger might work for Microsoft, Intel, or has connections to a 'serial infringer' and that could 'color' what they say."
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Lawyer Puts $10k Bounty on Blogger's Identity

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  • by Alexx K ( 1167919 ) on Monday January 28, 2008 @07:20PM (#22214972)

    It's not even been a week since The smartphone was patented [slashdot.org], and now we've got people wanting to sue for criticising patent trolls. I thought America was the "land of the free". Oh wait, it is, if you've got millions of dollars in your pocket and a lot of lawyers.

    What's saddening is that this stuff never makes it to the mainstream media.

  • great publicity (Score:5, Insightful)

    by nguy ( 1207026 ) on Monday January 28, 2008 @07:21PM (#22214994)
    Thanks! I hadn't heard of this blog before, but now that the $10k bounty has been offered, I know about it. Great publicity!
  • Doosh... (Score:5, Insightful)

    by caspper69 ( 548511 ) on Monday January 28, 2008 @07:22PM (#22215012)
    "Is he an employee with Intel or Microsoft? Does he have a connection with serial infringers? I think that would color what he has to say."

    This is douchebag lawyer speak for "companies that spend money researching, developing and selling products." Unlike his clients who think up obvious ideas and rush to file a patent, without ever doing a bit of work. It's scumbags like this that exacerbate the terrible state of our patent system. I for one can't wait until there's real reform and this guy's out of business.
  • No Harm, No Foul (Score:5, Insightful)

    by Mansing ( 42708 ) on Monday January 28, 2008 @07:27PM (#22215086)
    I would hope an attorney of Mr. Niro's stature and experience would realize he has no right nor legal recourse against this anonymous blogger. I suspect that had the blogger written anything libelous, Mr. Niro would have already brought suit.

    Since Mr. Niro has not brought legal proceedings against this blogger, I can only quote the next best legal authority on this matter:

    Ha, Ha!

  • Truth is a defense for libel.

    True... but you still have pay for *your* defense - even if you 100% in the right. That sucks.
  • ... lawyer who apparently is unable to engage any of the numerous detective firms out there who could find his information for much less ...
    Unable? I thought exactly the opposite when I read this. I think this Niro lawyer probably wants people to know he's taking this route. I figured it was a lawyer showing his true colors. He's making a public announcement that typically comes from gangsters who have grown too powerful. It is something to the effect of:

    "I am the law. I have so much money and disposable income that I pay any problem away without batting an eye. You want to start a blog criticizing me? Well, this is how I deal with you. I don't have time for warrants and regular channels. I will find out who you are and make you pay. Let this be a lesson/example for the rest of you."
    And that, my fellow Americans, is the stench of corruption. Fix it or face becoming a victim yourself.
  • Re:Doosh... (Score:1, Insightful)

    by Anonymous Coward on Monday January 28, 2008 @07:45PM (#22215354)
    Has anyone worked out a good way to sell fixing the patent system as an issue to the general public, as well as most businesses? It's not just software patents that are a problem, it's things like the ability to patent a gene in the most trivial manner possible, then extend that patent for any new use discovered. It's drug patents on life-saving medicines that grant a decades-long monopoly and are enforced in even the most obscene circumstances.

    There's a whole mess of issues here, adverse effects of the current patent system. I have no problem with patents in principle; the average $1 billion it takes to develop a new drug needs to be recouped somehow. But major reform is needed; my quick proposal would be to limit the duration of a patent to five years. An exceptional new discovery (blue LEDs, say) could be grounds for extending the patent another five years, to encourage real innovation. Add another 5 for an absolute maximum of 15 if it will take considerable resources to commercially exploit (say, an innovation leading to a workable nuclear fusion reactor). In short, patent extensions should only be granted in extraordinary circumstances.

    Secondly, up the patent filing fee by at least 10x (it only costs a few hundred bucks now), and use that to hire more examiners and experts, so bullshit patents get rejected.
  • by antifoidulus ( 807088 ) on Monday January 28, 2008 @07:50PM (#22215430) Homepage Journal
    Look at the list(and pockets) of the companies that he thinks the blogger may work for. More than likely what he is hoping for is that the blogger works for big company X, and then he can sue big company X for a lot, and in order to avoid (potential) embarrassment and/or the potential for a huge loss, he assumes that big company X will settle out of court for a handsome sum.
  • Re:Doosh... (Score:5, Insightful)

    by canuck57 ( 662392 ) on Monday January 28, 2008 @07:50PM (#22215440)

    I for one can't wait until there's real reform and this guy's out of business.

    Don't hold your breath. For the most part it were elected lawyers who made the law in the first place. Make a problem like the patent system, then profit by it.

    I too would like to see all software patents expired. It is hindering innovation and diversity in this business. Even if a patent is blatantly prior art, frivolous and meaningless, it can bankrupt most in just defending off an attack by the vultures. Thus, kicks the little guys out.

  • by riseoftheindividual ( 1214958 ) on Monday January 28, 2008 @07:52PM (#22215474) Homepage
    I thought America was the "land of the free"

    That's a common mondegreen... it's actually "Land of the FEE". Don't sweat it, I used to believe it was "free" myself.
  • Re:Doosh... (Score:3, Insightful)

    by caspper69 ( 548511 ) on Monday January 28, 2008 @07:58PM (#22215554)
    There is no good answer, but I would say that it should be a much more open process, and as a condition you should have to actually develop your idea, or partner with a commercial firm that will (i.e. have a sponsor).

    Eliminating patent examiners, as they are now, would also be a great start. Have people volunteer from various fields of expertise, and when reviewing a patent, pick 12 randomly to review the application and vote on whether to approve or deny the patent. This would eliminate stuff like "smartphones" being patented, even though they've been in production for years, and talked about for decades before that.

    Obviously this is a very complex issue, with many interested parties, and a lot of egos to stroke. But if something doesn't get done about it soon, there's going to be some serious ramifications both in the courts and to the bottom lines of many companies.
  • Re:Doosh... (Score:3, Insightful)

    by QuantumRiff ( 120817 ) on Monday January 28, 2008 @08:00PM (#22215586)
    I think you mean the $3Billion for new drugs. $700Million or so to actually develop it, and the rest for marketing. You know, the "Ask your doctor if $Drug is right for you" without ever mentioning what the hell the drug does... If their drugs are so miraculous, why would they need to advertise them? Shouldn't the results speak loudly enough? Oh, and don't forget the "tweaking" the drug and filing a new patent. Zyban was a anti-depressant that had a side effect of people not wanting to smoke. Near the end of the patent, they tweaked it a little, and started a huge marketing effort about the new "quit smoking" pill. Can't imagine that cost them much.
  • by TheSkyIsPurple ( 901118 ) on Monday January 28, 2008 @08:04PM (#22215626)
    I was involved in a libel suit awhile back, and the court was not thrilled with the whole anonymous thing.

    That court at least was of the opinion that if I was doing something anonymously then I clearly knew I was doing something wrong.
    (Completely missing the argument that what I did was legal, and I was trying to avoid being in court making the argument that it was legal because I knew one of the other parties was a litigious psychopath... in my opinion ;-) )
  • Re:Reality check (Score:5, Insightful)

    by ScrewMaster ( 602015 ) on Monday January 28, 2008 @08:15PM (#22215746)
    You mean that Americans (who happened to be black) invented them. I don't mean anything derogatory by that, but making such distinctions only serves to demean those individuals and their works. The implication is that there's something so noteworthy about a black person achieving anything of substance that their race must be mentioned. Of course black people have made significant contributions to our society, our culture and our technology. So have French, Greeks, Germans, Italians, Russians, Czechs and millions of others of all nationalities. Why does their ethnic background matter so much to some people? They were all citizens of this great nation, all helped to make it what it is today. That should be enough.

    My girlfriend is a true African-American ... she came to the U.S. about twenty-five years ago from that continent, earned her citizenship, and has the right to call herself an African-American. But she doesn't. She calls herself an American and she's proud of that. This is her country now. As for me, I was born here, but I don't go around brandishing my ethnic roots. That would be complicated, since I'd be something like a "Greek-Irish-German-with-some-other-stuff-mixed-in-American". Not so easy on the ears.

    She told me flatly that she could cure all of them of their desire to be called "African Americans" by the simple expedient of sending them to her home country for a few months. Most of them would come back here and would count themselves lucky to be Americans. Bad as things can be for many people in the United States, there are places that are worse. Much worse.
  • by oldsaint ( 736226 ) on Monday January 28, 2008 @08:17PM (#22215762)
    The identity of the blogger will lead to accusations and lawsuits, and the legal fees for the blogger will dwarf $10k. And the threat will shut down the criticism, which is the point. The identity of the blogger should be worth a lot more to Niro, say $100k. And then let the blogger win by revealing his identity.
  • Re:Reality check (Score:1, Insightful)

    by Anonymous Coward on Monday January 28, 2008 @08:27PM (#22215870)
    Indeed, an excellent point, we're all Africans, race comes down to the finer points of how long ago our immediate ancestors left Africa and gained a tiny evolutionary advantage in colder and less sunny climates by growing more body hair and producing less Melanin. Makes racism seem very silly doesn't it?
  • Re:Reality check (Score:1, Insightful)

    by Anonymous Coward on Monday January 28, 2008 @08:41PM (#22215972)
    Why do people like you always say "African American"? Please know that I do not agree with the GP that you replied to. What an idiot. I agree with you, blacks have contributed a wealth of knowledge and culture to our American society.

    I just hate the term "African American". Most of the black Americans in the USA have _never_ been to Africa. So what makes them "African"? If someone watched me commit a crime, would they say it was a German/Irish/English American? No. They would say it was a white guy. So why should I say that all black people in America are "African Americans"?

    What if the black person is not from Africa, but Jamaica? Or, what if a black guy, on vacation from England, committed a crime? Should I say it was an "African American" even though the guy is not an American, but from England? How would some bloke from England be an "African American" when he certainly is not an American. Should I just say it was an "African"?

    I hate PC-terms. When I recently started a new job I was asked, after getting the job:
    () White
    () African American
    () Hispanic
    () Asian
    () Native American
    () Other

    WTF? Why as a "White guy" am I identified by my skin color and that is "OK", yet all other races have a "name"? So if I was Mexican I am "Hispanic", however, if like my good friend, I was born in Puerto Rico, I am some how also "Hispanic"? Oh, and as a programmer, I have 3 good friends I work with every day. Very good guys. One is from the Philippines, one is from Korea (South), and one is from Japan. Very, very different people and ethnic groups, yet they are all "Asian"? Not to mention the people from India I have worked with, I guess they are "Asian" too?

    Did I mention I hate PC-term "African American" yet? ;-)
  • by sumdumass ( 711423 ) on Monday January 28, 2008 @09:15PM (#22216310) Journal

    Freedom of speech without freedom of response is meaningless.
    No, it is just as powerful as any free speech.

    I can say anything without "giving" you the ability to respond. You have to locate and do that on your own. But more importantly, free speech cannot happen if there is fear of repercussion. I'm sure that plenty of people have seen things that they though were wrong in their life but failed to speak out against it because they though it would cause bodily harm, financial harm, or some other harm. I could easily get into the holocaust and other hot topics but lets just say that there are people who see things happen at their job that is illegal or unethical but fail to say anything because they would lose their job and probably be blackballed out of the business. Anonymous reporting of things like this is key to speech about it.

    Anonymous tips to the police and news stations about drive by shootings that manage to miss everything but the three year old kid inside a neighbors house playing with the family cat is key to getting heinous crimes solved without fear of retaliation from the thugs who did the shootings.

    Free speech without freedom of response is not only meaningful, without it is detrimental to a safe and working society.
  • Re:Reality check (Score:3, Insightful)

    by twistedcubic ( 577194 ) on Monday January 28, 2008 @09:28PM (#22216448)

    A friend of mine was born and raised in Africa, by white parents who were also born and raised in Afica. He has now moved to the US. Does that qualify him as African-American?

    A friend of mine had gas because he ate some poison. So they took him to the hospital and pumped his stomach. Does that make him a gas pump?
  • Re:Reality check (Score:4, Insightful)

    by Propaganda13 ( 312548 ) on Monday January 28, 2008 @10:15PM (#22216816)
    If a person is born in Africa then becomes a US citizen, they're African-American.
    If a person is born in America and stays a US citizen, they're American.

    Heritage is all screwed up. How many generations have to be born in America before you consider it part of your heritage?
  • by dscho ( 819239 ) on Monday January 28, 2008 @10:51PM (#22217100)
    These days, a good attorney is a good defense, not the truth. You can have all the truth on your side, but if you cannot afford a good lawyer, proper procedures will not be followed (because you do not know them), and the judge will think you are wrong.

    In our times, it is money, not the truth, that shall set you free.
  • Re:Doosh... (Score:3, Insightful)

    by cduffy ( 652 ) <charles+slashdot@dyfis.net> on Monday January 28, 2008 @11:00PM (#22217154)

    Companies invest a lot developing not-fun-to-code stuff that ends up being lucrative. To get rid of software patents would mean large companies would have little R & D incentive in software.
    Software is still protected by copyright, so the difficulty of writing code ("not-fun-to-code") is still there for anyone doing a reimplementation; what's made easier is coming up with the ideas.

    Thing is, though, that ideas in software aren't all that they're made out to be -- getting the implementation right, and having the team that actually built and knows how to build $PRODUCT (and the source code to $PRODUCT, and the developers' documentation for $PRODUCT, and the domain experts who know how to build a $PRODUCT that {complies with regulations,interoperates with other tools in the field,etc}) is much harder than coming up with the idea, so even without software patents there's still plenty of barrier to entry.

    Remember, too, how much software was built before software was patentable at all -- heck, UNIX is in that category -- and how much software comes out of countries (like the UK) where software still isn't patentable (well, except for maybe as of earlier this week).
  • by krunk7 ( 748055 ) on Monday January 28, 2008 @11:04PM (#22217188)

    If you don't want to be punched, kicked, or litigated, then don't line up against them.
    If you line up against a murderer, expect to be murdered! Oh wait, there goes the entire penal system's reliance on the people standing up for themselves.The fact is, in all of the situations you list... no, you shouldn't expect to be "anythinged". Punching, kicking, litigating, and murdering without cause is not ok.

    I also suggest you read up on the whole freedom of the press and anonymous sources thing.

  • by rtb61 ( 674572 ) on Tuesday January 29, 2008 @01:24AM (#22218186) Homepage
    For $10,000 dollars and to be able to mock the lawyer even more, the blogger in question is most likely quite willing to sell them self out, although he/she better make sure he/she has a good attorney, because undoubtedly he/she will end up needing to sue them to get the money ;).
  • Re:Reality check (Score:4, Insightful)

    by zappepcs ( 820751 ) on Tuesday January 29, 2008 @09:08AM (#22220402) Journal
    the next time that you are called a 'white' by someone that insists blacks are African Americans, you might find it fun to insist that they call you 'slave trader' American, or remind them that the abbreviation for African American is AA. Perhaps reminding them that Lincoln tried to ship them back to Africa will give them some humility? History is so full of fun facts. If they pull out the term caucasian, you would do well to remind them that 'whites' are NOT from the caucasus islands. Another fun little fact of life: in Africa they are also prejudiced against one another by skin color. Yes, light vs dark, or one tribe versus another, one country vs. another. That kind of solidarity of dark skinned people ONLY happens in North America, so exactly what kind of African American are they? and what tribe do they support? Personally, I'm Anglo-Saxon American, I'm listed in the DAR (revolutionary American), and I just prefer that you call me by my name...

    On those little quizzes, always select 'other' as the discussion as to why you chose other can be lots of fun. Its a racial question that does not account for South Americans, mulatto etc. If your grandfather was black, your grandmother was chinese and your mother was south american, what race do you belong to? How do you answer the quiz? select 3 or more categories?

    ALL PC terms are insulting.

"Here's something to think about: How come you never see a headline like `Psychic Wins Lottery.'" -- Comedian Jay Leno

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