I am a lawyer in New York specializing in a lot of things they write about here. I am the author of the LIKELIHOOD OF CONFUSION® blog at www.likelihoodofconfusion.com.
Maybe, OOTB; who knows. So far in the real world the Internet has been pretty good for a lot of people like me who were not born into the right family, network or union but who with the Internet can with virtually no barriers to entry build a business or a career by publishing and appealing directly to potential customers. Maybe some day I'll be rich, too, as you say.
As my article says, though, too many people who have taken lawful advantage of these entrepreneurial possibilities have indeed been destroyed by what I argue is essentially a form of judicial activism. Bad law is being made, probably more out of judicial ignorance of where technology and consumer culture are today than some inherent corporatist orientation. Well, that and the fact not too many people get onto the federal bench with lots of trademark and copyright law litigation on their resumes, either; let's not even mention first-hand familiarity with Internet-related law or even commerce. And as far as the outmoded concept of "labor," whatever that means -- it's pretty clear that, Internet or not, that mythical creature is what, in fact, has knocked down that wall. And it ain't coming back./div>
Mike, I don't know what I did to deserve this level of casual contempt, but whatever it is that caused you to upload an order that says "Claim eight is denied all remaining claims are dismissed" and describe this as "Intel has dropped its lawsuit," I promise, I did not do it on purpose.
And Intel, in fact, has promised that it will not only file an amended complaint, but will do so in far less than the 30 days alloted by the court's entirely cursory order. And it is cursory. But it is, also, very clearly an order, not a voluntary dismissal.
Sheesh./div>
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Re: Er, the horses have already knocked down a wall of this barn.
Thanks for the notice
Alert this.
In fact, Intel dropped nothing. Representing the defendant pro bono, we made a full dress motion to dismiss under Rule 12(b)(6)--also ignored in this space despite my own link bank to your original story in my blog post on the subject -- and we won it.
And Intel, in fact, has promised that it will not only file an amended complaint, but will do so in far less than the 30 days alloted by the court's entirely cursory order. And it is cursory. But it is, also, very clearly an order, not a voluntary dismissal.
Sheesh./div>
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