Re: Spring Loaded Folders Reloaded

[Noah Levitt <nlevitt columbia edu>]

1. To my knowledge, Apple has not acted yet.
2. If Apple acts, their first step will be to ask us to
   remove the functionality. They will not file suit right
   away.
3. If Apple acts, we will have an opportunity to negotiate
   with them before they take us to court.
4. To my knowledge, there is no precedence of an open source
   project being successfully sued for violation of a
   patent. (Please correct me, I only googled for a few
   minutes.)
5. Apple does not want to sue us for damages, because it
   will be very bad press.
6. Apple does not want to sue us for damages, because they
   know they won't win any money, and it will cost them
   money.
7. If Apple does sue us, they will have a hell of a time
   proving that our use of spring-loaded folders caused them
   any monetary damages.

To me, the only argument that holds any water is the concern
that distributions will be afraid to include the
patent-encumbered software. But the distributions should
also realize that there is nothing to be afraid of. Or they
should do the non-us thing like Debian.

On Sat, Mar 01, 2003 at 14:28:54 -0500, Sean Middleditch wrote:
> > 
> > Can you cite a precedent for this outrageous claim?
> 
> Companies get sued all the time for this crap.  Don't tell me you think
> an individual is immune?

I had in mind a precedent in the realm of free software.

> > 
> > There are many ways to protest unjust laws. Civil
> > disobedience is among them. I'm sure I don't need to cite an
> > example (Rosa Parks :-).
> 
> Like I said, this isn't worth the above.  Going to jail or suffering
> huge fines for something that simply sending some letters in will help
> with is silly.  If you can't get off your lazy ass to send in letters,
> why are you willing to arrested?
> 

Nobody is going to be arrested. This is civil law. Someone
would have to be held in contempt of court to be arrested,
and that can't happen until after there has been a suit
filed, and we refuse to show up to court or to pay the
damages or something.

Letter writing and civil disobedience go hand in hand. I
once signed a petition to former senator Spencer Abraham,
who at the time was introducing an anti-flag burning
amendment, that said, more or less: "Senator Abraham, the
day an anti-flag burning amendment is passed, we will be on
the steps of the capitol, burning a flag."

Noah