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Doubleclick Cofounder Responds to Patent Troll by Filing Extortion Lawsuit

Unknown Lamer posted about a year ago | from the sued-the-wrong-guy dept.

Patents 225

New submitter kintamanimatt writes with news that someone other than newegg is fighting back against patent trolls, despite the business case for settling. This time, however, one of the founders of the Doubleclick ad network has decided to use his personal money to not only fight a patent troll attacking his new startup, but to strike back at them under the RICO act. "'There's a lot of outrageous stories, but everyone's so damn afraid of coming forward — It's like going against the Mafia,' he [Kevin O'Connor] said. But the idea that trolls may retaliate against those who speak out is overblown, he thinks. 'If they want to try to teach me a lesson, go for it. This will be my retirement. I'll fight them.' The patent troll's attorney also made the claim that calling someone a 'patent troll' was actually a 'hate crime' under 'Ninth Circuit precedent' and threatened to file criminal charges — unless they settled the civil case immediately, apologized, and gave financial compensation to the troll. The offer was 'good until close of business that day.'"

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I have mixed feelings about this. (5, Insightful)

Anonymous Coward | about a year ago | (#44871633)

Then again, I hate them both and if they beat the shit out of each other, all the better.

Re: I have mixed feelings about this. (5, Insightful)

techprophet (1281752) | about a year ago | (#44871651)

Easier to deal with ads than patent trolls. Oops, am I going to jail for hate speech now?

Re: I have mixed feelings about this. (5, Interesting)

Striikerr (798526) | about a year ago | (#44871737)

It's apparent that the whole patent system is in dire need of an overhaul. The question is who will finally step up in the government to fix this mess.. It's something I hear of almost daily (patent trolls killing off innovation and screwing people out of money).

The double-click ads never land on my systems. I use a hosts file to block their stuff along with other ads. I did some searching around and found a few places which provide hots files which you can use on your computers. Here's a great site which maintains a hosts file which you can use in your computers.. http://winhelp2002.mvps.org/hosts.htm [mvps.org]

Re: I have mixed feelings about this. (-1)

Anonymous Coward | about a year ago | (#44871869)

Hey APK! You forgot to post anonymously!

Re: I have mixed feelings about this. (-1)

Anonymous Coward | about a year ago | (#44871973)

APK never posts anonymously, he just never logs in... apk

---

APK

Re: I have mixed feelings about this. (0)

RaceProUK (1137575) | about a year ago | (#44872133)

That's not APK; his post is only five lines long.

Re: I have mixed feelings about this. (3, Insightful)

Anonymous Coward | about a year ago | (#44872471)

It's apparent that the whole patent system is in dire need of an overhaul. The question is who will finally step up in the government to fix this mess..

Overhaul, like in "It's apparent that the whole slavery system is in dire need of an overhaul". The word you're looking for is "abolishment".

Re: I have mixed feelings about this. (2, Insightful)

thaylin (555395) | about a year ago | (#44872497)

No, a limited patent system is good for the economy, and does reward innovation, the problem is that the current system does neither.

Re: I have mixed feelings about this. (2)

louic (1841824) | about a year ago | (#44872499)

Not only the patent system, it seems that the justice system is also in need of an overhaul.

Re: I have mixed feelings about this. (5, Insightful)

SecurityGuy (217807) | about a year ago | (#44872837)

As a lawyer buddy reminded me, we don't have a justice system. We have a legal system. That explains a lot.

Re: I have mixed feelings about this. (0)

Anonymous Coward | about a year ago | (#44873255)

and that's why we go to war so often

Re: I have mixed feelings about this. (5, Insightful)

Anonymous Coward | about a year ago | (#44871755)

'patent troll' was actually a 'hate crime' under 'Ninth Circuit precedent'

this should be the quote of the day, probably one of the most ridiculous statements I have read in awhile!! not only do they rip off anyone and everyone but they waste the courts time with absurd charges, or the courts are stupid enough to take on such cases.

They need a think tank to create new laws or use current laws to put the hammer down on these trolls!!

Re: I have mixed feelings about this. (0, Insightful)

Anonymous Coward | about a year ago | (#44871821)

I don't know if it is a crime, but it is definately hate

Re: I have mixed feelings about this. (5, Insightful)

techprophet (1281752) | about a year ago | (#44871851)

It isn't hate. Rather, it is disrespectful and insulting - exactly as intended.

Re: I have mixed feelings about this. (0)

Anonymous Coward | about a year ago | (#44872087)

That makes it free and protected speech under the First Amendment!!!

Re: I have mixed feelings about this. (2)

Anonymous Coward | about a year ago | (#44871907)

It's even better if you read the article -- O'Conner is using that bullshit claim as part of the evidence of extortion in his RICO suit.

Re: I have mixed feelings about this. (1, Funny)

Z00L00K (682162) | about a year ago | (#44871789)

AdBlock Plus is a great thing when it comes to ads, patent trolls needs a good gang rape instead.

Re: I have mixed feelings about this. (1)

Anonymous Coward | about a year ago | (#44871817)

What we need is 'Patent-Troll Block Plus' - nips patent trolls in the bud.

Re: I have mixed feelings about this. (0)

Anonymous Coward | about a year ago | (#44871883)

What we need is 'Patent-Troll Block Plus' - nips patent trolls in the bud.

Isn't that called "China"?

AdBlock/Ghostery/Request Policy = inferior (-1)

Anonymous Coward | about a year ago | (#44871873)

Hosts do more w/ less (1 file) @ a faster level (ring 0) vs redundant browser addons (that slow up already slower ring 3 browsers) as a filter for the IP stack (coded in C & load w/ OS + 1st net request resolver queried w\ 45++ yrs.of optimization):

---

APK Hosts File Engine 9.0++ 32/64-bit:

http://start64.com/index.php?option=com_content&view=article&id=5851:apk-hosts-file-engine-64bit-version&catid=26:64bit-security-software&Itemid=74 [start64.com]

(Benefits hosts files provide on numerous levels for speed, security, reliability, & anonymity = in link above)

---

* Cutting out ads saves me up to 40% per website page on average via the above!

---

A.) Hosts do more than AdBlock ("souled-out" 2 GOOGLE & crippled by default) + Ghostery (Advertiser owned) - "Foxes guarding the henhouse", or Request Policy -> http://yro.slashdot.org/comments.pl?sid=4127345&cid=44701775 [slashdot.org]

B.) Hosts add reliability vs. downed DNS & protect vs redirected DNS + secure vs. known malicious domains also -> http://tech.slashdot.org/comments.pl?sid=3985079&cid=44310431 [slashdot.org] w/ less added "moving parts" complexity + room for breakdown,

C.) Hosts files yield more speed (blocks ads & hardcodes fav sites - faster than remote DNS), security (vs. malicious domains serving mal-content + block spam/phish links), reliability (vs. downed DNS or vs. Kaminsky vulnerable DNS, 99% = unpatched vs. it & worst @ ISP level + weak vs FastFlux + DynDNS botnets), & anonymity (vs. dns request logs + DNSBL's).

---

("Less is more" = GOOD engineering - vs. slowing down already SLOWER usermode browsers layering on MORE in addons which are known to slow them down more? I work w/ what you already have in kernelmode, via hosts: A tightly integrated PART of the IP stack itself)

APK

P.S.=> "The premise is, quite simple: Take something designed by nature & reprogram it to make it work FOR the body, rather than against it..." - Dr. Alice Krippen "I AM LEGEND"

...apk

Re:AdBlock/Ghostery/Request Policy = inferior (-1)

Anonymous Coward | about a year ago | (#44872477)

Unjustifiable downmods = weak detractors' inability disproving facts in parent posts' points via attempts @ hiding it by bogus downmods.

Re: I have mixed feelings about this. (2)

RobertLTux (260313) | about a year ago | (#44872627)

If everybody will forgive a bit of an advert here

AdBlock Plus is free and works for

Firefox
Chrome
Android

and

Microsoft Internet Explorer!!

im just hoping they go completely MAD on each other

Re: I have mixed feelings about this. (1)

MiniMike (234881) | about a year ago | (#44871983)

No, but you will soon be seeing many ads for defense attorneys...

Re: I have mixed feelings about this. (1)

91degrees (207121) | about a year ago | (#44872775)

Also ads do at least fund websites that we like.

If you're being really generous you might argue that it facilitates some people to find items aor providers of items that they weren't peviously aware of.

Re:I have mixed feelings about this. (3, Insightful)

flimflammer (956759) | about a year ago | (#44872859)

I don't. Someone you don't like doing a good thing is still a good thing.

Re:I have mixed feelings about this. (1)

sheepe2004 (1029824) | about a year ago | (#44873105)

The patent troll's target isn't Doubleclick, it's a newer startup called FindTheBest [findthebest.com] which looks (from a quick glance at the site) much less "evil".

Re:I have mixed feelings about this. (0)

Anonymous Coward | about a year ago | (#44873235)

Ehhh... it's a different kind of hate. One of them is a mild annoyance, and trivially dealt with. The other is a menace to society and should be crushed from existence.

hate speach post (0)

Anonymous Coward | about a year ago | (#44871659)

patent troll! patent troll, patent troll patent troll.

patent troll! patent troll!! patent troll.

patent troll.

please don't sue.

Re:hate speach post (2)

ShanghaiBill (739463) | about a year ago | (#44871815)

please don't sue.

Hate speech is not a crime in the United States. You are free to express all the hatred that you want. Some schools have administrative penalties for hate speech, but the courts have thrown out many of those policies. Suing for hate speech makes about as much sense as trying to apply RICO to completely legal activities. There is silliness from both sides here.

Re:hate speach post (0)

Anonymous Coward | about a year ago | (#44872233)

yet i still hope his rico suit wins.

Extortion and barratry are not legal (5, Interesting)

sjbe (173966) | about a year ago | (#44872611)

Suing for hate speech makes about as much sense as trying to apply RICO to completely legal activities.

Extortion [wikipedia.org] is not a "completely legal activity". Furthermore neither is barratry [wikipedia.org] and racketeering [wikipedia.org] , both of which arguably apply in the case of patent trolls.

Re:Extortion and barratry are not legal (2)

Theaetetus (590071) | about a year ago | (#44872999)

Suing for hate speech makes about as much sense as trying to apply RICO to completely legal activities.

Extortion [wikipedia.org] is not a "completely legal activity". Furthermore neither is barratry [wikipedia.org] and racketeering [wikipedia.org] , both of which arguably apply in the case of patent trolls.

No, none of the above apply. They own the patents in question, and if there's any reasonable argument that the defendant infringes, even if you have to make a bunch of factual assumptions in favor of the plaintiff (those factual assumptions would be resolved at trial by the jury), then the suit isn't groundless. If the suit is not groundless, then it's not barratry. Offering to settle a suit that's not groundless is not extortion. And finally, with no underlying extortion, it's not racketeering.

Re:Extortion and barratry are not legal (2)

smaddox (928261) | about a year ago | (#44873183)

My understanding is that patent cases are not tried by jury.

Also, the source of this whole patent problem is that they created a pro-patent court to hear all patent cases. So I don't see how more litigation is going to solve it. Revolutionary legislation is needed (which is practically an oxymoron).

The only victims in these battles (5, Insightful)

EmagGeek (574360) | about a year ago | (#44871663)

are the consumers who end up paying for both sides.

The winners (5, Insightful)

schneidafunk (795759) | about a year ago | (#44872001)

And the winners are the lawyers on both sides.

Re:The only victims in these battles (0)

Anonymous Coward | about a year ago | (#44872263)

Nonsense. Business owners and entrepreneurs pay a price also. The consumer doesn't have it so bad, really.

Re:The only victims in these battles (3, Insightful)

fgouget (925644) | about a year ago | (#44872357)

are the consumers who end up paying for both sides.

So your position is that it's better to not fight such extortion schemes? Because then the only victims are still going to be the consumers who are going to pay the patent trolls through increased prices. And since nobody fights back (your policy), more trolls will come to the easy money feast. And that is better how?

Go After the Lawyers also (5, Interesting)

kevinT (14723) | about a year ago | (#44871705)

Someone needs to not only go after the trolls, but go after the law license of the Attorneys representing them as well. Get a couple of lawyers disbarred and watch the lawsuits end!

Re:Go After the Lawyers also (0)

Anonymous Coward | about a year ago | (#44871751)

You know thats not a bad idea at all.

Re:Go After the Lawyers also (5, Funny)

Savage-Rabbit (308260) | about a year ago | (#44871837)

Someone needs to not only go after the trolls, but go after the law license of the Attorneys representing them as well. Get a couple of lawyers disbarred and watch the lawsuits end!

You know thats not a bad idea at all.

True, but drone strikes would be more fun.

Re: Go After the Lawyers also (1)

techprophet (1281752) | about a year ago | (#44871941)

More effective, too

Re:Go After the Lawyers also (4, Insightful)

easyTree (1042254) | about a year ago | (#44871975)

Wouldn't camaraderie amongst the legalistas prevent this getting off the ground?

Re:Go After the Lawyers also (2)

kevinT (14723) | about a year ago | (#44872401)

Wouldn't camaraderie amongst the legalistas prevent this getting off the ground?

In some cases, yes. But all you really need is a grumpy old attorney in semi-retirement that doesn't care anymore (for what ever reason). Then watch out.

Re:Go After the Lawyers also (2)

91degrees (207121) | about a year ago | (#44872749)

The impression I get is that a lot of lawyers hate these guys as much as we do. Even evil has standards:) But more to the point, they do consider themselves to be respectable professionals and don't like their reputation to be dragged through the mud to obviously.

Re:Go After the Lawyers also (5, Informative)

alexgieg (948359) | about a year ago | (#44873075)

they do consider themselves to be respectable professionals and don't like their reputation to be dragged through the mud to obviously.

"It's the 99 percent of lawyers who give the rest a bad name."

Re:Go After the Lawyers also (0)

Anonymous Coward | about a year ago | (#44871831)

Just distribute the verdict evenly amongst each lawyer and whoever he/they represent, regardless of whether the case is won or lost.

Re:Go After the Lawyers also (0)

Anonymous Coward | about a year ago | (#44871985)

yes make it extremely expensive to offer a settlement and then lose or drop the case, lawyers personal money maybe a body part

Re:Go After the Lawyers also (5, Insightful)

JaredOfEuropa (526365) | about a year ago | (#44872039)

That's a logical step if this type of trolling is indeed classed as extortion. In that case, the lawyers are complicit in the crime.

Re:Go After the Lawyers also (3, Insightful)

rwise2112 (648849) | about a year ago | (#44872137)

Someone needs to not only go after the trolls, but go after the law license of the Attorneys representing them as well. Get a couple of lawyers disbarred and watch the lawsuits end!

From what I've seen, it seems a lot of these patent troll companies are owned by lawyers.

Re:Go After the Lawyers also (0)

benjfowler (239527) | about a year ago | (#44872239)

And what are the odds of the Democrats going after them? Probably none, since lawyers are in bed with the Democrats.

Re:Go After the Lawyers also (0)

Anonymous Coward | about a year ago | (#44872507)

isn't most of the politicians on both sides lawyers of some kind?

Re:Go After the Lawyers also (1)

NatasRevol (731260) | about a year ago | (#44872623)

s/Democrats/politicians/g

Re:Go After the Lawyers also (1)

Rigel47 (2991727) | about a year ago | (#44872725)

A lawyer disbarred for being a scumbag? Oh dear, that's rich.

Re:Go After the Lawyers also (1)

houghi (78078) | about a year ago | (#44872871)

Sounds nice. If that would hold water, what you need to do is always go after the lawyers. That way if you have enough money, there will be nobody to defend the other party, so you start to win even easier.

Imagine if the MAFIAA would start doing that Or the patent trolls themselves.

When you start thinking, instead of reacting, you will see that this would be a very bad idea.

Charity? (1)

Anonymous Coward | about a year ago | (#44871731)

Can we please donate money as charity to the cause?
I am not from USA, but i'd give my 1$.

I don't like Ad companies (5, Insightful)

Anonymous Coward | about a year ago | (#44871747)

And how they track and use the data they accumulate.
But they are a far more benign cancer and in fact do help pay for the intarwebs as we know it.

Patent trolls, on the other hand, do absolutely nothing positive for technology, the internet or the world and no, they do not protect inventors.
Patent trolls are an extremely malignant force and raise the cost of doing business for legitimate companies tremendously.

Doubleclick= annoying.
Patent trolls= criminal.

I am amazed that anyone with the capacity to use the internet states that they believe otherwise.

Re:I don't like Ad companies (1)

Anonymous Coward | about a year ago | (#44871829)

Patents are a way of earning back your investment. Selling the patent is getting your money back. In that way the system works. The investment is moved to another company, and they want to earn money, so they enforce the patent. So far they do something positive for technology - giving money to the inventor who can use that to invent something else. I don't think this is necessarily wrong.

The whole legal process is the problem. This is more than just patents. It's the whole legal system in the US, where it more or less rules the country, and where it has such power (because of the huge amount of money that is earned) that they can bend the political system so it won't change.

Re:I don't like Ad companies (0)

Anonymous Coward | about a year ago | (#44873023)

The whole legal process is the problem. This is more than just patents. It's the whole legal system in the US, where it more or less rules the country, and where it has such power (because of the huge amount of money that is earned) that they can bend the political system so it won't change.

That is why it's called the rule of law.

Re: I don't like Ad companies (1)

O('_')O_Bush (1162487) | about a year ago | (#44871935)

Except patent trolls aren't actually committing crimes, and therefore aren't criminal.

Re: I don't like Ad companies (1)

Anonymous Coward | about a year ago | (#44872043)

His argument is that they are comitting crimes, and therefore is seeking civil renumeration for their criminal activity.

Re: I don't like Ad companies (5, Insightful)

pla (258480) | about a year ago | (#44872091)

Except patent trolls aren't actually committing crimes, and therefore aren't criminal.

The worst criminals have always had the law on their side - From the landed nobles of Old Europe, to the "robber barons" of the late 19th / early 20th centuries, to patent trolls and the RIAA, MPAA, and BSA today.

Doesn't make it right. They all belong(ed) up against the wall.

Extortion isn't legal (5, Interesting)

sjbe (173966) | about a year ago | (#44872655)

Except patent trolls aren't actually committing crimes, and therefore aren't criminal.

That is VERY debatable. In many cases they arguably are committing one or more of: extortion, barratry and/or racketeering. In many/most cases they are simply creating nuisance lawsuits in the hopes of coercing a settlement without any actual time in court. What they are doing is functionally the equivalent of some thug going into a retail store and saying "nice store - shame if anything bad would happen to it". Technically saying that is legal but in reality they are committing a crime. Patent trolls are really no different.

Re:Extortion isn't legal (0)

Anonymous Coward | about a year ago | (#44873077)

Not quite: In the thug's case, his speech is alluding to the potential of a crime being committed unless the store owner pays him some money. That is, he is actually making a criminal threat, which is what turns the case into criminal extortion.

It is not, however, an actual criminal act to threaten someone with a lawsuit, and therefor cannot be classed as extortion in a criminal sense ;-)

Re: I don't like Ad companies (1)

Anonymous Coward | about a year ago | (#44872743)

In the sense that extortion isn't a crime if you manage to avoid being prosecuted. And Al Capone's only crime was tax evasion.

Re: I don't like Ad companies (5, Interesting)

91degrees (207121) | about a year ago | (#44872851)

Except patent trolls aren't actually committing crimes

Well, that seems to be something that O'Connor disagrees with.

Based on wikipedia's defintion, "A racket is a service that is fraudulently offered to solve a problem, such as for a problem that does not actually exist, will not be affected, or would not otherwise exist." I think he might have a point.

Of course the legalities are probably more complicated than this, but from my layman's perspective I'd say he has a good chance.

Then you'd love this (-1)

Anonymous Coward | about a year ago | (#44872015)

Hosts do more w/ less (1 file) @ a faster level (ring 0) vs redundant browser addons (that slow up already slower ring 3 browsers) as a filter 4 the IP stack (coded in C & load w/ OS + 1st net request resolver queried w\ 45++ yrs.of optimization):

---

APK Hosts File Engine 9.0++ 32/64-bit:

http://start64.com/index.php?option=com_content&view=article&id=5851:apk-hosts-file-engine-64bit-version&catid=26:64bit-security-software&Itemid=74 [start64.com]

(Benefits hosts files provide on numerous levels for speed, security, reliability, & anonymity = in link above)

---

* Ads rob speed, cpu cycles, RAM, & electricity YOU PAY FOR: This gets it back!

---

A.) Hosts do more than AdBlock ("souled-out" 2 GOOGLE & crippled by default) + Ghostery (Advertiser owned) - "Foxes guarding the henhouse", or Request Policy -> http://yro.slashdot.org/comments.pl?sid=4127345&cid=44701775 [slashdot.org]

B.) Hosts add reliability vs. downed DNS & protect vs redirected DNS + secure vs. known malicious domains also -> http://tech.slashdot.org/comments.pl?sid=3985079&cid=44310431 [slashdot.org] w/ less added "moving parts" complexity + room for breakdown,

C.) Hosts files yield more speed (blocks ads & hardcodes fav sites - faster than remote DNS), security (vs. malicious domains serving mal-content + block spam/phish links), reliability (vs. downed DNS or vs. Kaminsky vulnerable DNS, 99% = unpatched vs. it & worst @ ISP level + weak vs FastFlux + DynDNS botnets), & anonymity (vs. dns request logs + DNSBL's).

---

("Less is more" = GOOD engineering - vs. slowing down already SLOWER usermode browsers layering on MORE in addons which slow them down more? I work w/ what you already have in kernelmode, via hosts: A tightly integrated PART of the IP stack itself)

APK

P.S.=> "The premise is, quite simple: Take something designed by nature & reprogram it to make it work FOR the body, rather than against it..." - Dr. Alice Krippen "I AM LEGEND"

...apkbbb (vs. dns request logs + DNSBL's).

---

(b

Re:Then you'd love this (-1)

Anonymous Coward | about a year ago | (#44872213)

Unjustifiably downmodding the parent post doesn't hide its truths. It shows how weak its detractors are only.

Re:I don't like Ad companies (0)

Anonymous Coward | about a year ago | (#44872713)

Patent trolls, on the other hand, do absolutely nothing positive for technology, the internet or the world and no, they do not protect inventors.

Patent trolls add value to the economy by giving inventors another way to monetize their invention (sell patent to troll, or let troll enforce it for you). This increases the incentive to patent, and (it is assumed) by extension the incentive to invent more stuff.

Ummmmmm..... (4, Interesting)

volpe (58112) | about a year ago | (#44871763)

Yay Doubleclick?

Re:Ummmmmm..... (5, Funny)

Anonymous Coward | about a year ago | (#44871847)

First positive sentiment I've had towards ads as well...

Could doubleclick just replace every ad nation-wide with "It is my personal opinion that lawfirm XYZ is dishonest, subversive, and riddled with STD's. Thank you"?

This has nothing to do with Doubleclick! (1)

pavon (30274) | about a year ago | (#44873201)

Okay, the headline was somewhat misleading, but does anyone on this site even read the summary anymore, or have we devolved to commenting based only on the headlines?

This time, however, one of the founders of the Doubleclick ad network has decided to use his personal money to not only fight a patent troll attacking his new startup

Half the posts here are about whether Doubleclick is the lesser of the two evils, but the guy doesn't work at Doubleclick any more, and Doubleclick isn't involved in the lawsuit in any way shape or form. This is like saying "Yay Paypal" because of what Elon Musk is doing with Space-X.

Giant Duche vs Turd Sandwich (1, Insightful)

doas777 (1138627) | about a year ago | (#44871793)

So a guy who got rich by assuming illegitimate rights over peoples personal info, is mad that another entity is trying to get rich by assuming illegitimate rights over a process that appears to sell that personal info. Mafioso's all around.

Re:Giant Duche vs Turd Sandwich (2)

oobayly (1056050) | about a year ago | (#44871835)

Simple - don't use websites that have doubleclick's content. It is your choice after all.

Re:Giant Duche vs Turd Sandwich (2)

q.kontinuum (676242) | about a year ago | (#44871905)

... Or use Adblock, or add "127.0.0.1 ...doubleclick.net" to hosts (lot of work for all subdomains, wildcards not supported), or use "squid" with a blacklist for ad-domains, or use any other solution that suits you better ...

Re:Giant Duche vs Turd Sandwich (1)

oobayly (1056050) | about a year ago | (#44872849)

I'm very well aware of all the methods to avoid doubleclick (and similar hosts). The reason for my comment as that some people get very self righteous about advert companies tracking them, but still are quite happy to frequent the sites that utilise their services.

For the record, I only use FlashBlock (to avoid fast moving annoying graphics) and I browse Slashdot with the ads even though I'm given the option switch them off. Why, because I know who pays their bills. You can argue that I've sold my privacy in return for free content, and to a certain extent you're right - they know I like hiking, sailing, climbing, RC helicopters & electronics. They don't however have access to my personal communications because I'm sensible enough not to use free providers for stuff like that.

Re:Giant Duche vs Turd Sandwich (5, Insightful)

gsslay (807818) | about a year ago | (#44871933)

Try and step away from the personalities involved for a moment. In this particular situation who is in the right, and who is the scum-bag criminal?

Personally I hope the patent troll gets pummelled into a greasy spot on the courtroom floor, and a precedent is set that applies for all other patent trolls. So, uncharacteristically, I'm rooting for doubleclick.

Re:Giant Duche vs Turd Sandwich (-1)

Anonymous Coward | about a year ago | (#44872673)

They are both scumbag criminals.
Doubleclick just has more money.

Also doubleclick has fucked over way more people in a way more personal way than some patent troll ever could.

don't extort a billionaire for $50K (5, Insightful)

raymorris (2726007) | about a year ago | (#44871865)

The troll screwed up this time. $50K?!?! To O'Connor, that's like $20 is to most of us. It might get more expensive? As is $150K, less than 0.1% of his net worth? I don't think he's scared.

Re:don't extort a billionaire for $50K (2)

cdrudge (68377) | about a year ago | (#44872187)

There are a variety of copyright troll cases that are in the works now where the plaintiffs have either had to pay legal fees for the defense or post bond in case they lose. In the former case, $20-50k in defense fees have been awarded before the case even went to trial. Other cases bonds of $250k were asked for. And these are for "simple" copyright infringement cases, not a patent fight.

Troll cases usually are calculated to cost more than what is a trivial amount, but less than what it will cost to defend and risk losing. As you pointed out $50k is a drop in the bucket. But is $300k? $500k? What if litigation costs for all sorts of experts, eventual appeals, etc reaches $1+m? That's a lot more of a risk.

Re:don't extort a billionaire for $50K (0)

Anonymous Coward | about a year ago | (#44872375)

But the ad guy said he was going to fight them for entertainment...some billionaires race yachts, some take sadist patent troll scrubs to court and watch them squirm.

Re:don't extort a billionaire for $50K (1)

Theaetetus (590071) | about a year ago | (#44872633)

There are a variety of copyright troll cases that are in the works now where the plaintiffs have either had to pay legal fees for the defense or post bond in case they lose. In the former case, $20-50k in defense fees have been awarded before the case even went to trial. Other cases bonds of $250k were asked for. And these are for "simple" copyright infringement cases, not a patent fight.

Yes, but I'd take those with a grain of salt - specifically, the Prenda copyright cases had bonds and sanctions with payment to the defense attorneys because of some truly outrageous behavior, including fraud on the court, forged signatures, etc. The Righthaven cases had an issue where Righthaven didn't actually own the copyrights they claimed to be asserting. There are tons of other copyright cases that haven't required anything of the sort - see, for example, the Jammie Thomas and Joel Tenenbaum RIAA cases.

Here, they certainly own the patents - the assignment is in the public records at the USPTO - and there's no indication that they've committed any fraud... yet. There's no reason to hold your breath waiting for news that they'll have to post a bond for defense fees.

$1 million is less than 1% of what he has (1)

raymorris (2726007) | about a year ago | (#44872983)

> As you pointed out $50k is a drop in the bucket. But is $300k? $500k?

Yes, when you have a billion dollars and you're pissed, no amount ending in "k" is scary. On the extreme high side, a million dollars, that's well under 1% of his money.

Let's guess the average net worth in the US is about $50,000. 0.1% of that is $50. So a million dollars to this guy is like $50 to the average person.

* DoubleClick sold for $3 billion. I'm guessing O'Connor has about a billion.

The court system is as bad as the trolls, (5, Interesting)

Grand Facade (35180) | about a year ago | (#44871879)

So folks are hesitant to fight because a court ruling in favor of the Trolls would set precedence.

There is also the resources consumed in a protracted fight coupled with the above that makes it seem kinda suicidal.

On the other hand one good win could loose the flood waters and lead to some kind of reform.

I just don't see that happening as too many are making bank on the status quo.

Reminds me of Prenda Law (1)

Anonymous Coward | about a year ago | (#44871961)

This reminds me of the Order by Judge Wright in California federal district court, where he slammed Prenda Law, the infamous copyright trolls, and stated that they resembled a RICO organization. THAT PATENT TROLLS ARE FACING THE SAME MUSIC IS A GOOD THING !!!!

"[Though] Plaintiffs boldly probe the outskirts of law, the only enterprise they resemble is RICO (a reference to federal criminal statutes regarding 'racketeer-influenced and corrupt organizations'). The federal agency eleven decks up (the U.S. Attorney's office on the 13th floor of the Los Angeles federal courthouse) is familiar with their prime directive and will gladly refit them for their next voyage."

Trolls vs mafiosi (5, Interesting)

alexhs (877055) | about a year ago | (#44871993)

'It's like going against the Mafia,' [Kevin O'Connor] said.

The patent troll's attorney also made the claim that calling someone a 'patent troll' was actually a 'hate crime' under 'Ninth Circuit precedent' and threatened to file criminal charges

It's telling that they object to being called patent trolls, but are ok with being compared to the Mafia :)

Re:Trolls vs mafiosi (0)

Anonymous Coward | about a year ago | (#44872773)

Well, the mafia is cool. Trolls just piss off bridgegoers.

Strong Arm Tactic (5, Interesting)

Andover Chick (1859494) | about a year ago | (#44871999)

This is a strong arm tactic commonly used by criminals. It is done by the mafia, it is done by prison gangs. Of course it is not without precedent in the economy. For example, in the music/entertainment world aggressive lawyers have long beaten down artists. All those nice office buildings around the West Hollywood and Beverly Hills area are full of lawyers. Another example, I once had a rug cleaning guy, who was really a lawyer, come into my apartment to clean a rug. After I signed his work order and he immediately started to threaten to take me to court unless I paid $400 (which was 1000% the cost of the cleaning). Being an athletic lady I snatched the work order out of his hands, shredded it, and flushed it down the toilet. I then threatened to scream "rape". Anyways, the point is it is not good enough to just have computer skills to become an internet entrepreneur, you need some well rounded skills such a law. In Babson College's entrepreneurial program they require students take a law courses since they know starting a business is full of legal landmines and shakedowns. Also be ready to kick a bully in the gonads.

Re:Strong Arm Tactic (1)

benjfowler (239527) | about a year ago | (#44872259)

If somebody comes into your flat to extort and threaten you, and they subsequently disappear forever, is anybody going to know where they ever went? Especially if they're crooks with few friends?

Re:Strong Arm Tactic (4, Interesting)

Andover Chick (1859494) | about a year ago | (#44872977)

You are precisely correct. What you say was part of their scam. I sense their's was a technique tailored to females alone in apartments who would be intimidated, then he'd disappear. He did not anticipate there'd be a sharp bone in his fish that day. I'm a 5'10'' rugby and ice hockey player with a black belt in Kempo. And I always keep a knife down the base of my back when a service man is in my flat. I wasn't intimidated. Then I had one of our doormen (porter) escort him out of the building since, as you say, I was concerned he'd slip away and try it again on one of our neighbors. The doorman then notified the other building doormen on my section of Park Ave (Manhattan). Personally, I'm thrilled to go bare-knuckled w/scam artist and trolls. I advocate others to kick some butt too!

Hmm. Doubleclick Vs. Patent Trolls (2)

Greyfox (87712) | about a year ago | (#44872175)

This is like a fight to the death between Justin Bieber and Miley Cyrus. No matter who loses, I win! *gets popcorn*

Double Standard (-1)

Anonymous Coward | about a year ago | (#44872307)

Doubleclick has a cheek.

That is like the Mafia, suing another mafia.

Anonymous has decided that Doubleclick is part of the problem, of corporations being far too intrusive into people's business, and how we deal with it remains to be seen, but the owners of Double click should remember that Anonymous does not care if the final result is legal, or not.

We do not forgive.

We do not forget.

Patent Pending (1)

zztong (36596) | about a year ago | (#44872545)

Someday I really need to submit my patent for my business process of securing patents for things I have no intention of manufacturing and then attempting to enforce those patents against others.

This will get the lawyer sanctioned (5, Interesting)

IP_Troll (1097511) | about a year ago | (#44872569)

"and threatened to file criminal charges — unless they settled the civil case immediately"

Threatening criminal charges to gain the upper hand in a civil case is against the rules of ethics for attorneys. Every state has its own flavor of rules but they are derived from the ABA model rules.

Mr. O'Connor should immediately file a complaint with the (every) state bar in which this attorney is licensed.

Re:This will get the lawyer sanctioned (3, Funny)

weatherwax (59856) | about a year ago | (#44872835)

Threatening criminal action for a frivolous cause also seems like marvelous fodder for a RICO case.

Disgusting (2)

cookYourDog (3030961) | about a year ago | (#44872669)

Really? Politicians focus on sugary drink portion sizes and intervening in foreign civil wars, but can't be bothered to address a widespread racketeering hustle the destroys innovation?

By the way, here's an example of a modern day patent troll as profiled by the NY Times. A real class act.
http://www.nytimes.com/2013/07/14/business/has-patent-will-sue-an-alert-to-corporate-america.html?pagewanted=all&_r=0 [nytimes.com]

Continued... (1)

meta-monkey (321000) | about a year ago | (#44872677)

The patent troll's attorney also made the claim that calling someone a 'patent troll' was actually a 'hate crime' under 'Ninth Circuit precedent' and threatened to file criminal charges — unless they settled the civil case immediately, apologized, and gave financial compensation to the troll.

"Subsequently, the patent troll crouched on his hands and knees behind O'Conner's legs. The attorney then shoved Mr. O'Conner, who fell backwards over the patent troll. Then the attorney climbed atop Mr. O'Conner's chest, took hold of each of his wrists and forced Mr. O'Conner to strike himself about the head and shoulders, all the while screaming, "Stop hittin' yourself, O'Conner! Stop hittin' yourself!""

death is the only way (0)

Anonymous Coward | about a year ago | (#44872785)

these trolls need to be killed, in the most violent and mercyless way possible. Their families if possible too. Everything must be video recorded and put online informing any other patent trolls that they will be next if they file frivolous lawsuits. Yes we need to be judge jury and executioner on this - trolling will stop fairly soon after. Kill them all.

Canned reply available (1)

Anonymous Coward | about a year ago | (#44872839)

unless they settled the civil case immediately, apologized, and gave financial compensation to the troll. The offer was 'good until close of business that day.'

I hope he refers them to the response in the matter of Arkell v. Pressdram (1971):

We acknowledge your letter of 29th April referring to Mr J. Arkell. We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fuck off.

Game theory (1)

91degrees (207121) | about a year ago | (#44872959)

"From a business perspective, it makes 100 percent sense to settle," [O'Connor] said.

Not really. If he nominally wins, even if it does cost him 20 times as much, it will also cost the patent troll a similar amount. Any other patent troll would go after easier targets.

hate crime? (2, Funny)

Anonymous Coward | about a year ago | (#44873033)

It IS a hate crime.. against trolls. Poor species of bridge and cave dweling creatures should never be compared to someone as vile and disgusting as patent attorneys.

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