Re:Congress: Stop Trying to Limit EFF’s Ability to Challenge...
by ScottBurson on Friday April 24, 2015 @01:36PM
(#9434806)
I think you need to understand the situation a little better. EFF is not suing the patent holder; the patent holder has nothing to lose in these actions except a valid patent, and EFF has nothing to gain except insofar as invalidating the patent is in the public interest. The analogy to a class action lawsuit is not a good one.
Another story on the front page right now talks about a class-action lawsuit against Google for age discrimination. The person that's put up to it has a pretty flimsy case, it appears ("they didn't like me after my phone screen! Age discrimination!"), but the class action may uncover something more real. Finding somebody who has a real complaint seems before starting litigation seems like a good solution, because it ensures that at least one person was harmed. On the other hand, the EFF has a good point here: most of the people harmed by this aren't going to spend the money to deal with it.
I like the idea of EFF pushing back against unfair patents, but I don't like the idea of ambitious lawyers building spurious class-action lawsuits. I'll admit that I'm not fully informed about either of these cases, but there is real value in putting up barriers to spurious cases that cost real money.