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Comment Re:A game where winner still pays the price (Score 5, Informative) 259

"Newegg was lucky that they had an in-house lawyer and the original owner who was prepared to make a stand. This is rare: Conventional wisdom is to hire outside lawyers - patent specialists and all. "

They did hire an outside law firm, Weil Gotshal, which is one of the top firms in the country.

In theory judges are supposed to dismiss law suits without merit, but they don't - because they don't give a shit about the costs and it gives them something to do. . . That the original judge fucked up does not surprise me. Forget what you see on TV about just and fair judges: In patent troll counties like the Eastern District of Texas the judges are blatantly pro-plaintiff. If they were not all the money flowing into their district would dry up, the judges and legal fraternity would be looking for a job somewhere else.

Absolutely wrong, judges love dismissing cases, particularly complex cases like patent actions, because they don't want their docket to get overloaded. Judges make incorrect holdings of fact and law all the time; that's the whole point behind appeal courts. It's usually not out of malice or incompetence, despite perennial slashdot anger at what is perceived as to the contrary. Speaking as someone who used to litigate in federal courts, the majority of judges just don't care on a personal level about the parties before them, they just want to get the cases moved through their court. The only personal investment most judges have in the cases is they don't want them to be reversed because they consider it as a hit on their reputation.

Comment Re:"Linus is an asshole" - Alan (Score 2) 214

"It may not be the most effective, but it is the most common by far. Shaming performance "meetings", stern "talking-to" and threats of poor performance reviews are the standard motivational tools. Bonuses, free pizza and beer on fridays, and the occasional "attaboy" are far and few between, from my experience."

No argument here, that is definitely the most common, despite the fact that I don't think it works.

Also, sometimes someone can play the "asshole" role (strict or no-nonsense project management) without it being a completely negative reinforcement. Someone needs to stay focused on the overall objective and unfortunately has to "crack the whip" once in a while to remind others to stay focused as well.

Granted, it's a fine line. Unfortunately for Linux, Linus is incompetent at that aspect of his job.

Comment Re:To Recap (Score 1) 656

Whoa, hold the phone there, bubba. The federal defender's office is elite; when a position opens up experienced lawyers with Ivy League educations fight each other for the job. While not as adequately funded as US attorneys' offices they aren't on a shoestring budget. Speaking as an experienced lawyer myself I would take a federal public defender any day of the week if I was charged.

Comment Hmm (Score 1) 278

Free speech incorporates the right not to say things just as much as it incorporates the right to say things. YouTube should be allowed to determine what it is saying on its network just as much as the creator of the video should on whatever channels it controls. EFF is wrong about this.

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