Bonum Certa Men Certa

Litigation is Ruining Science, Technology

Christopher Hitchens with a twist



Summary: Linspire case ends up with very high legal expenses and this leads to a discussion which can be generalised to account for patent litigation

SWEEPING statements are risky as they contribute towards alienation and sometimes elimination of friends (or potential friends) and controversial topics are rarely brought up as they too are divisive. But for readers of this site who are patent lawyers and have stayed with us thus far, the twist above (around Christopher Hitchens's book) will probably not be a shocker.



Techrights has claimed on nearly thousands of occasions and in about 100 posts that inertia for the broken (overburdened) patent system comes from patent lawyers, who benefit directly from increased bureaucracy and "lawyer time" (pay is usually clocked). The more messy the system, the more such lawyers (patent lawyers in particular) will be required and the more money they will extract from people who actually create things of value to society.

The reason we bring this up again is that there's news from Linspire and it's another episode in the drama of litigation [1, 2, 3], where Michael Robertson (head of Linspire/Lindows) is forced to pay $300,000+ to a former employee. Now, watch where most of this money is going:

For those of you following the case of Michael Robertson's insane attacks on former Linspire employees, you will be interested in the latest development from the court today...

One of the former Linspire employees that Robertson attacked was the Controller. This employee (along with several others) was vindicated of all counts in September. Because the Controller had a contract dispute with Robertson, attorney fees are usually awarded, but of course Robertson fought paying. Today, the court awarded the Controller and his lawyer $215,000 in legal fees and $22,958 in prejudgement interest. The Judge also affirmed the jury's damages judgement of $72,500, to be paid by Robertson (Linspire) to the Controller. This means that Robertson will have to pay over $300,000 to just this one employee for his failed attempts in attacking him in the courts. You can read the ruling here. (This is the tentative ruling which was affirmed in court today by Judge Taylor.)


We thought it was a good example of how this sick legal system operates. It's a system which puts financial burden on those involved, including companies that are accused of patent litigation. In this case, Linspire helps make lawyers richer and thus stronger (e.g. in lobbying). In such cases, the lawyers have nothing to lose, only their clients do. Someone should pass this message/memo to the likes of Judge Rader, who still fails to acknowledge that this is a major problem when it comes to patents too. Let's work on improving science and expanding the scope of knowledge rather than suing each other. Many disputes can be resolved outside the courts and elimination of weaponry like patents would help increase productivity. Just watch what the Cold War did to the Soviets (and to a lesser degree to the United States). They could produce a lot of warheads (enriching the Military Industrial Complex, analogous to houndish -- trigger-happy lawyers), but could not take good care of their own population.

"In the 20th century, the pace of technological developments increasingly became tied into a complex set of interactions between Congress, the industrial manufacturers, university research, and the military establishment. This set of relations, known more popularly as the "military-industrial complex," emerged because the military's unique technological demands, concentration of funding, large scale application, and highly centralized control played a dominant role in driving technological innovation. Fundamental advances in medicine, physics, chemistry, computing, aviation, material science, naval architecture, and meteorology, among other fields, can be traced back to basic and applied research for military applications." --Wikipedia

Recent Techrights' Posts

Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
 
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October