To Pueblo Native, et al: I hope you are right, but it seems a shame that
MSFT can't be given a taste of its own medicine!!!! :-(
Pueblo Native wrote:
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.
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