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wateroverfire
Jul 3, 2010

Kalman posted:

Who gets sued? Depends on who company X wants to sue, who has money, who's reachable by US legal process, etc. But generally you'd sue A - C is an end user and end user lawsuits aren't something most large companies want to engage in, particularly given the example the RIAA gave as to how it poisons your public image, and B is trickier to prove infringement than A. That said, if B was, say, Google, and A was WhiskeyJuvenile, you probably sue B.

Wouldn't you lose because B is a service provider covered by the safe harbor provisions of the DMCA?

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wateroverfire
Jul 3, 2010

Kalman posted:

What part of the DMCA safe harbors do you think covers patent infringement? The safe harbors apply solely to copyright infringement.

Edit: maybe a CDA 230 immunity defense would work, though I think it wouldn't, since publisher and speaker are terms of art which aren't really relevant to the patent context.

I'm dumb and was thinking copyright when you were talking about patent infringement. Ignore me. :confused:

wateroverfire
Jul 3, 2010

Kalman posted:

Also, I can't imagine how you could file a complaint with a judge and claim, with a straight face, that you meet the Rule 11 bar for filing without having photos of their studio setup. It's practically unenforceable even if someone did violate it.

What advantage is it for Amazon to have a patent like that? Like, why even spend the time and money to file it?

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