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How Peter Braxton defeated a patent troll and still lost

Babymech says...

Hmm. It’s an interesting story – it doesn’t seem that it’s 100% the typical patent troll mold, though it’s obviously still a shitty tale of bullshit patent litigation tactics. It looks like Pappas had his original idea and filed for a patent in 2000, basically trying to create a way to monetize the ad hoc markets that pop up whenever people are in line or reserving places for entertainment (probably based on his own restaurant experience). He filed a single, very broad, multiregion patent on this, and launched a company and online platform around it in 2008 (OptionIt) to provide an online service for trading ticket reservations / places in line. Braxton had a similar but more clearly defined idea in 2011, and filed his own patent.

Like I said – I don’t like this idea, I wish it hadn’t been granted patent protection, and I’m happy if it never reaches the market. However, for all that, I think Pappas original idea was a bit more inventive. Back in 2000 we didn’t have an app economy, and we hadn’t gotten used to these kinds of ad hoc, internet-facilitated temporary market places. When Braxton came up with it, it was pretty dull.

Either way, once Pappas started his business, I guess he instructed his law firm to handle litigation as aggressively as possible, which is fairly standard practice, and which is the unfortunate behavior described in the video. After losing the original suit and then losing the Rule 11 motion, they argued like aggressive assholes in mediation, and got Braxton to back down. I think their threat was fairly hollow – he says that they threatened him with their ‘patent portfolio,’ but this is the only patent family I can find for OptionIt / Smart Option.

I’m not sure I would call this a textbook case of patent trolling – usually patent trolls file or acquire patents for the sole purpose of extorting legitimate businesses, but here it looks like Pappas was actually trying to make a go of this (shitty) app idea, but used intimidation to try to protect that idea. It’s one shitty business trying to intimidate another upstart shitty business, and the courts ruling against the first party. On the whole we all lose – OptionIt wins the mediation through shitty intimidation, and Braxton’s shitty patent gets added to Spangenberg’s portfolio of shitty troll assets to keep the cycle going.

phyman said:

Thank goodness TechDirt and the NYT continued to follow this story and outed the troll: Smart Options (in context even the name is f'ed up). It's a good read and even has cringingly terrible troll on troll fighting: https://www.techdirt.com/articles/20150510/07083630948/patent-trolls-frivolous-attack-startup-forces-startup-to-sell-out-to-another-patent-troll.shtml

Stories like this simply crush my desire to strike out on my own in software development. We seriously need patent reform!

Why Do Onions Make You Cry?

Ruin Your Day

chingalera says...

Yes Thumper, and we'd remind shatterdrose that while averting one's fixation from a woman's breasts may be some torturing social anomaly adopted through repressed sexuality with a Dickensian flair, women that become insulted when a man happens to regard her breasts with appreciation are usually pretty dull and bitchy while the ones who draw attention to them with the wonderful variety of devices and lures, are generally more fun to be around and more likely to want to breed, hence keeping the species intact and prolific.


Smoke 'em if ya got' em ladies!

A Girl And A Gun Trailer 1 (2013) - Documentary

chingalera says...

Well, I think they're trying to shit on the very idea of guns existing because they're bad, m'kaay?...and maybe that Denmark might be kinna full of out-of-touch snow-monkeys who only see the reality of the planet through ice-crystallized glasses, and that kinna makes their film industry pretty dull, m'kaaaay?? ??

artician said:

"It's hard, it's hot, it explodes, it shoots things out."

So many things wrong with this film. What are they trying to say?!

Donald Trump's "Major Announcement"

KnivesOut says...

@bobknight33 I didn't know that Field Engineer was a specifically Republican career, sounds pretty dull. I guess if all you're engineering is a Field, you don't need much creativity. I'm a Software Engineer: a rational thinking job with plenty of democrats (and conservatives, and human beings) in it. You probably wouldn't enjoy it, because of all the abortions and MSNBC we have.
...
Sorry, how did MSNBC and abortionists come into this discussion? Oh right, the straw man you construct so that it's easy for you to rationalize your fundamentally flawed world-view.

Carry on.

It's time.

enon says...

I love how certain religious people are.
>> ^shinyblurry:

Well, firstly, the Kingdom of Heaven is on Earth, so Jesus will be here. When He returns He will judge the world, the living and the dead, and establish His kingdom. Secondly, righteousness is credited to you because of faith in God, not as in something that you earned, or because you're so great. It's all to Gods glory..I'm no better than anyone else.
Romans 3:22 This righteousness from God comes through faith in Jesus Christ to all who believe. There is no difference,
Three, people have this impression of sin as being fun and cool, and living a sanctified life as being dull and boring. Where ever God is will be the creative center of existence..there isn't going to be a lack of interesting things to do. Everyone seems to like the Creation, and this is just s ahadow of what is to come. It isn't going to be boring. Sin is temporary pleasure, flash in the pan, and it all leads to death, and it is the source of corruption in this world. There is nothing good about it at all.

>> ^dag:
I think I'd prefer to stay down here with the unrighteous. If you're only letting in the self-righteous and pious moralists - it's going to be pretty dull.
I think Jesus would rather stay down here with us too - to be honest. But you go on up with the righteous SB, save us a spot. We'll muddle on without you post-rapture.
>> ^shinyblurry:
So it's my fault you don't have any self-control? It doesn't matter what you think about me personally. The word of God is what is important:
1 Corinthians 6
Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor men who practice homosexuality, nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.
>> ^Payback:
>> ^shinyblurry:
It's never going to cease being a sin no matter how you dress it up. It is immoral and against the natural order of the Universe, as ordained by our Creator.

Oh fucking shut up already. No one here cares about your opinion on anything. Seriously.
I really wish the sift would completely remove you from my view when you're set to "ignore". Then I wouldn't be so fucking tempted to pop open your comments like the puss-filled, diseased boils they are.
Fucking troll.




It's time.

shinyblurry says...

It's not just about dullness and being boring. Religious zealots confirmed in their beliefs and unswerving in their faith make the hairs stand up on the back of my neck. It's kind of like the creepiness of the uncanny valley with robots. "Letting go and letting God" is an abdication of your humanity - and it shows on the outside.

Gay people, in my subjective experience, are often the opposite. Full of quirky, imperfect, damaged humanity - or maybe you could even call it the holy spirit. I think I will.


Allow me to quote GK Chesterton:

Christianity has not been tried and found wanting; it has been found difficult and not tried.

To live like Jesus is a taller order than you seem to realize, and of course as I am sure you realize, most of us have failed to do so. You seem to have this idea that Christians believe that they are perfect, but that is a joke. We are actually far more candid with eachother about our faults than would even be socially acceptable in secular culture. We don't think we are perfect, and even the most devout of the brethern runs into doubts. Letting go and letting God isn't in the bible. What we do is trust God with our lives, it isn't sitting back and doing nothing. To do what Jesus gave us to do is a lot of hard work.

This is what you don't understand: We love God. The tragic thing about you atheists is that you do too, in your own ways. You all love the Creation. You are fascinated and mystified by the Universe, in awe of its manifold complexity and endless wonders. That is, if there is nothing attached to the experience. You value and treasure your freedom from authority, and guard it jealously; after all you think you only have one life to live. I can understand that. You want to be in control.

Yet, you're not in control. Look at Steve Jobs, he had about everything you could ever hope to have, and none of it did him the least bit of good. In the end, he illustrated the truth of this verse:

Matthew 16:26

For what will it profit a man if he gains the whole world and forfeits his soul? Or what shall a man give in return for his soul?


There is no control to be had, because no one is in control on this planet except for God. What you consider happenstance and coincidence doesn't really exist. So, we give God back what He already has. We decide to stop fooling ourselves and believe that we can beat the system, because the issue has already been decided. What you do in this life matters, because at the end you will give account for every idle word.

Someone has to be God, this what you don't understand. I doubt many of you have thought this through very deeply. Let's play your game for a moment. Let's say the Universe really is 20 billion years old, and life is able to evolve spontaneously from nothing. This means that some lifeforms have had a lot more time to develop than others, and the ones who were successful early and have mastered physical reality are going to be more powerful than anyone else. If any of this is true you most certainly already have a self-proclaimed divinity, one that may look upon a lifeform like us like cockroaches. The position of absolute ruler of existence is a power vacuum that will be filled by someone, and it is almost certainly filled already.

If God isnt in charge, you should be scared of who is. It is a far better thing to have someone who loves us personally and cares about our lives. The alternative is far worse, and something that should worry any thoughtful person. Because if God isn't in charge, and it isn't you and it isn't me; it is going to be someone else. You might not think God is perfect, but again, you love His reality, you just don't want to play by His rules. What you're unwilling to do is take a long hard look at yourself and see that if you are going to be honest about it, the problem is with you and not with Him. You most certainly have some terrific sounding excuses for how you justify rebellion against God, but none of them will match up to your conscience.

>> ^dag:
It's not just about dullness and being boring. Religious zealots confirmed in their beliefs and unswerving in their faith make the hairs stand up on the back of my neck. It's kind of like the creepiness of the uncanny valley with robots. "Letting go and letting God" is an abdication of your humanity - and it shows on the outside.
Gay people, in my subjective experience, are often the opposite. Full of quirky, imperfect, damaged humanity - or maybe you could even call it the holy spirit. I think I will.
>> ^shinyblurry:
Well, firstly, the Kingdom of Heaven is on Earth, so Jesus will be here. When He returns He will judge the world, the living and the dead, and establish His kingdom. Secondly, righteousness is credited to you because of faith in God, not as in something that you earned, or because you're so great. It's all to Gods glory..I'm no better than anyone else.
Romans 3:22 This righteousness from God comes through faith in Jesus Christ to all who believe. There is no difference,
Three, people have this impression of sin as being fun and cool, and living a sanctified life as being dull and boring. Where ever God is will be the creative center of existence..there isn't going to be a lack of interesting things to do. Everyone seems to like the Creation, and this is just s ahadow of what is to come. It isn't going to be boring. Sin is temporary pleasure, flash in the pan, and it all leads to death, and it is the source of corruption in this world. There is nothing good about it at all.
>> ^dag:
I think I'd prefer to stay down here with the unrighteous. If you're only letting in the self-righteous and pious moralists - it's going to be pretty dull.
I think Jesus would rather stay down here with us too - to be honest. But you go on up with the righteous SB, save us a spot. We'll muddle on without you post-rapture.
>> ^shinyblurry:
So it's my fault you don't have any self-control? It doesn't matter what you think about me personally. The word of God is what is important:
1 Corinthians 6
Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor men who practice homosexuality, nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.
>> ^Payback:
>> ^shinyblurry:
It's never going to cease being a sin no matter how you dress it up. It is immoral and against the natural order of the Universe, as ordained by our Creator.

Oh fucking shut up already. No one here cares about your opinion on anything. Seriously.
I really wish the sift would completely remove you from my view when you're set to "ignore". Then I wouldn't be so fucking tempted to pop open your comments like the puss-filled, diseased boils they are.
Fucking troll.





It's time.

dag says...

Comment hidden because you are ignoring dag. (show it anyway)

It's not just about dullness and being boring. Religious zealots confirmed in their beliefs and unswerving in their faith make the hairs stand up on the back of my neck. It's kind of like the creepiness of the uncanny valley with robots. "Letting go and letting God" is an abdication of your humanity - and it shows on the outside.

Gay people, in my subjective experience, are often the opposite. Full of quirky, imperfect, damaged humanity - or maybe you could even call it the holy spirit. I think I will.

>> ^shinyblurry:

Well, firstly, the Kingdom of Heaven is on Earth, so Jesus will be here. When He returns He will judge the world, the living and the dead, and establish His kingdom. Secondly, righteousness is credited to you because of faith in God, not as in something that you earned, or because you're so great. It's all to Gods glory..I'm no better than anyone else.
Romans 3:22 This righteousness from God comes through faith in Jesus Christ to all who believe. There is no difference,
Three, people have this impression of sin as being fun and cool, and living a sanctified life as being dull and boring. Where ever God is will be the creative center of existence..there isn't going to be a lack of interesting things to do. Everyone seems to like the Creation, and this is just s ahadow of what is to come. It isn't going to be boring. Sin is temporary pleasure, flash in the pan, and it all leads to death, and it is the source of corruption in this world. There is nothing good about it at all.

>> ^dag:
I think I'd prefer to stay down here with the unrighteous. If you're only letting in the self-righteous and pious moralists - it's going to be pretty dull.
I think Jesus would rather stay down here with us too - to be honest. But you go on up with the righteous SB, save us a spot. We'll muddle on without you post-rapture.
>> ^shinyblurry:
So it's my fault you don't have any self-control? It doesn't matter what you think about me personally. The word of God is what is important:
1 Corinthians 6
Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor men who practice homosexuality, nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.
>> ^Payback:
>> ^shinyblurry:
It's never going to cease being a sin no matter how you dress it up. It is immoral and against the natural order of the Universe, as ordained by our Creator.

Oh fucking shut up already. No one here cares about your opinion on anything. Seriously.
I really wish the sift would completely remove you from my view when you're set to "ignore". Then I wouldn't be so fucking tempted to pop open your comments like the puss-filled, diseased boils they are.
Fucking troll.




It's time.

shinyblurry says...

Well, firstly, the Kingdom of Heaven is on Earth, so Jesus will be here. When He returns He will judge the world, the living and the dead, and establish His kingdom. Secondly, righteousness is credited to you because of faith in God, not as in something that you earned, or because you're so great. It's all to Gods glory..I'm no better than anyone else.

Romans 3:22 This righteousness from God comes through faith in Jesus Christ to all who believe. There is no difference,

Three, people have this impression of sin as being fun and cool, and living a sanctified life as being dull and boring. Where ever God is will be the creative center of existence..there isn't going to be a lack of interesting things to do. Everyone seems to like the Creation, and this is just s ahadow of what is to come. It isn't going to be boring. Sin is temporary pleasure, flash in the pan, and it all leads to death, and it is the source of corruption in this world. There is nothing good about it at all.


>> ^dag:
I think I'd prefer to stay down here with the unrighteous. If you're only letting in the self-righteous and pious moralists - it's going to be pretty dull.
I think Jesus would rather stay down here with us too - to be honest. But you go on up with the righteous SB, save us a spot. We'll muddle on without you post-rapture.
>> ^shinyblurry:
So it's my fault you don't have any self-control? It doesn't matter what you think about me personally. The word of God is what is important:
1 Corinthians 6
Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor men who practice homosexuality, nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.
>> ^Payback:
>> ^shinyblurry:
It's never going to cease being a sin no matter how you dress it up. It is immoral and against the natural order of the Universe, as ordained by our Creator.

Oh fucking shut up already. No one here cares about your opinion on anything. Seriously.
I really wish the sift would completely remove you from my view when you're set to "ignore". Then I wouldn't be so fucking tempted to pop open your comments like the puss-filled, diseased boils they are.
Fucking troll.



It's time.

dag says...

Comment hidden because you are ignoring dag. (show it anyway)

I think I'd prefer to stay down here with the unrighteous. If you're only letting in the self-righteous and pious moralists - it's going to be pretty dull.

I think Jesus would rather stay down here with us too - to be honest. But you go on up with the righteous SB, save us a spot. We'll muddle on without you post-rapture.

>> ^shinyblurry:

So it's my fault you don't have any self-control? It doesn't matter what you think about me personally. The word of God is what is important:
1 Corinthians 6
Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor men who practice homosexuality, nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.

>> ^Payback:
>> ^shinyblurry:
It's never going to cease being a sin no matter how you dress it up. It is immoral and against the natural order of the Universe, as ordained by our Creator.

Oh fucking shut up already. No one here cares about your opinion on anything. Seriously.
I really wish the sift would completely remove you from my view when you're set to "ignore". Then I wouldn't be so fucking tempted to pop open your comments like the puss-filled, diseased boils they are.
Fucking troll.


The Great VideoSift Coming -Out Thread (Happy Talk Post)

ctrlaltbleach says...

Hi I don't usually pay attention to these sift talks but I'm bored tonight. My real name is Judah. No scratch that my real real name is Robert and thats pronounced Row-Bear. Wait no thats not right would you perhaps believe Guy? Pronounced Geeh? Oh well your right my real real real name is Travis. I live in Texas where we ride horses everywhere we go, and the streets are not paved but covered in dirt and mud. We all listen to Country and your put to sleep if you had'nt killed you someone by your fourteenth birfday. (special exception to those who have fathered a child.) Which is why Im still here today!

Well in all seriousness I work in IT and mainly do data processing. Thats because Im good at the keyboards especially the ten key. I do have a son (shh hes going to be Megatron tomorrow night because he wants to scare everybody!) I never finished college, I am constantly stressed, I worry to much about things I cannot control, I have never been addicted to anything but food, I'm not terribly overweight but I do need to lose weight which I'm working on. Hmm well my life is pretty dull! I guess I'll leave it at that!

This week at E3 (Blog Entry by poolcleaner)

poolcleaner says...

>> ^thegrimsleeper:
You lucky bastard, I wish I could have been there.
The games I am most exited about after E3 are: Brutal Legend, Alan Wake, Splinter Cell: Conviction and Crackdown 2


I lucked out by living in Socal. No way I would have flown out, but that's just me. >.<

Splinter Cell: Conviction fo sho! And I'll probably get the new Silent Hill, as well, but the demo they had was pretty dull. I didn't get a chance to check out Crackdown 2 while I was there, but that looks rad. I don't know what I'm going to do with my time any more... Honestly, this was a great E3, but definitely an overload. Even the so-so games looked hot, though I wish I had given more of them a play test.

Oh, and I have to mention for the Nintendo DS!!! It's a puzzle game where you write down the names of objects to spawn them in and help you beat levels. The database is immense and has nearly limitless possibilities. You need to get an item from the top of a tree? Write down "ladder" and a ladder is spawned to climb up. Write down "helicopter" and you'll fly in a helicopter instead. "Football"? You kick a football and knock the item down. Simple and amazing.

Conspiracy by liberals to ruin Dick Cheney

CaptainPlanet420 says...

>> ^dystopianfuturetoday:
Accusing a black man of being Muslim because he has a foreign sounding name, and implying that there is something wrong with being Muslim is against the VS policy on racism. If I weren't so desensitized to this tired shtick, I might actually be offended.
Overall, I find CP420's elaborate efforts at being 'outrageous' to be pretty dull and predictable. If we are going to keep him on here as our resident VS house troll, then we should probably take his routine with a grain of salt.
He may even be a 'Dem in disguise' troll. How many hardcore wingers do you know that smoke pot?


Fabricating things...now there's something liberal and predictable. When in this thread or video did I imply Obama was Muslim? Never. I said his backers are. When in this thread or video did I imply there was anything wrong with being Muslim? Never. So, unlike you, I won't claim that your personal attack on me is against the TOS here, even though is more offensive than the things I haven't even done. None of this changes the fact that none of you can refute the legitimacy of the Islam tag....

Conspiracy by liberals to ruin Dick Cheney

dystopianfuturetoday says...

Accusing a black man of being Muslim because he has a foreign sounding name, and implying that there is something wrong with being Muslim is against the VS policy on racism. If I weren't so desensitized to this tired shtick, I might actually be offended.

Overall, I find CP420's elaborate efforts at being 'outrageous' to be pretty dull and predictable. If we are going to keep him on here as our resident VS house troll, then we should probably take his routine with a grain of salt.

He may even be a 'Dem in disguise' troll. How many hardcore wingers do you know that smoke pot?

I just wanted to say... (Femme Talk Post)

treat says...

From what I see and read around here, sift often gets flooded with videos that are knocking the same beat, no matter how off-time, because people see what's hot and take the opportunity to publish a cacophony of redundant videos for the star points. I think what Sagemind is trying to say is that many of you should know better than to keep hitting the pipe in this shameless quest for points, and to refrain from posting something trite even if *you know* it's going to get the votes simply for being what it is. Point being, you make this site what it is, so be careful that you don't crap where you eat.

My first published video was of George Carlin after his death. Despite the fact that his jokes were sub-par and the video was pretty dull, it has more votes than any of my other videos. I would kill it if it weren't for the fact that it was some of his earliest material, my only justification for posting it up in the first place. Sentiment has a strange ability to win hearts over something of true value. If 50 Sarah Palin videos means that even one video from the Onion might get overlooked (impossible, i know) then all my hope would be lost.



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