Fwdre What more bullying can Thiel et seq. do

["Dave Farber" <dave () farber net>]

---------- Forwarded message ---------
From: Synthesis:Law and Technology <synthesis.law.and.technology () gmail com>
Date: Mon, Nov 14, 2016 at 7:17 PM
Subject: Re: [IP] What more bullying can Thiel et seq. do
To: <dave () farber net>
Cc: ip <ip () listbox com>


Dave,

People who profess ignorance of the law should not be making sweeping
statements such as calling the court system a 'fact free zone'.  If
the case ended up with a verdict that David Richardson didn't like,
don't blame the courts.  The plaintiff made their case.  The
defendants did not.  The court agreed with the plaintiff.  Both sides
were represented by competent counsel.  What Theil did was choose
wisely and helped out with a totally winnable case.  Yes, the courts
sometimes do make mistakes but there is no evidence to suggest it in
this instance.  Where are the legal commentators pointing out errors?
A google search, (easy to do) should find them easily.  Silence.  This
is because the case was winnable for the plaintiff.  It is as simple
as that.  And on what did the court have to base the decision on?
Facts.  Facts and the law.  The law states "if you do this, you will
be liable".  The plaintiff had facts to support that the defendant had
indeed done "this".

I see no point in dealing with the rest of the e-mail given that it
was written in apparent ignorance.

Dan

On 11/14/16, Dave Farber <dave () farber net> wrote:
> ---------- Forwarded message ---------
> From: David Richardson <dsrich () dsrich net>
> Date: Sat, Nov 5, 2016 at 2:31 PM
> Subject: What more bullying can Thiel et seq. do
> To: Dave Farber <dave () farber net>
>
>
> I know this has probably been discussed in one form or another, but I
> haven't seen it, so I will ask the IP list with your permission, Prof.
> Farber.
>
> TL;DR: My ignorance of the law and precedent surrounding the Thiel
> victories recently is showing, so I am asking for opinions and guidance
> going forward.
>
> With Thiel yet again proving for the court system what Trump has rubbed
> our noses in with his success in the political arena - that both are
> completely fact free zones - I am concerned about some other aspects of
> the situation.  Thiel basically "took out" Gawker Media because they
> dared to make comments critical of him, and he did it with enough legal
> firepower to reduce facts to irrelevance.  Every time this happens, I
> get a chill down my spine.
>
> The sorts of things I am worried about in the aftermath of this
> apparently legal revenge killing are things like can whoever owns the
> pieces of Gawker start suing anybody who commented on the obvious
> falsehood that was the E-mail origin claim - can they go after anybody
> who commented on that using the initial case as "We proved we were
> right" for legal bullying of the rest of us who knew better and
> commented as well?  Note that this is not a personal concern, but the
> possibility is scary.
>
> In the more general case of a company bankruptcy, what obligations is
> the new owner under in regards to the existing customer base?  Can they
> just sell they list to spammers to make a quick buck?  Is the new owner
> under any legal obligation to protect any customer data, like credit
> cards, etc. that came with the defunct company?  What about secondary,
> non paying customers involved, like people who make comments and the
> like?  Quite a number of sites require personal data in order to make
> comments, i.e. no anonymous posting - is that data free game, or is the
> new owner under obligations there?  I would assume that there is some
> case law in that area from the number of newspapers that have gone out
> of business over the years, but would that case law apply here?
>
> Thanks,
>
> David Richardson
>
>
>
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--
Dan Steinberg

SYNTHESIS:Law & Technology
2-45 Helene-Duval
Gatineau Quebec
J8X 3C5



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