Monday, November 23, 2009

Slandering Teilhard

I've been following the Juxtacomm v. Ascential et al patent saga for years, especially for the past year on Vincent McBurney's now-silenced blog. Some pretty harsh things have been said on all sides, especially by the self-appointed defenders of management but also by various factions of shareholders. I've said some pretty harsh things, too, mostly to those same shills, though little if any of it related to their alleged very tiny penises.

I back down from nothing!

This suit was bullshit from the beginning. Its standing resulted from a commonplace failure of the US Patent and Trademark Office to know its ass from a hole in the ground where it comes to software. Patent 6195662 should never have been granted due to plain prior art. In nearly all its claims, it wasn't novel. Where it was novel (data bags and separate handling of some aspects), it was obvious. Anyone who ever coded an extract, transform, and load (ETL) tool - and I worked on more than one - would know that.

Now Teilhard management has apparently announced to their shareholders that they will pursue slander lawsuits against people who have hurt their widdle feewings in the blogosphere. I say "apparently" because, as is the case with everything Teilhard does, they try to keep it as closely held as possible, and I don't have access to their shareholder announcements.

Wow! The people you begged to invest in your lawsuit, now you're suing?! Because they've been impatient for you to fulfill their perception of your pitch promises... Because they've gone years expecting, rationally or not, a dividend just around the corner and they've yet to see even a thin dime. Go read a Yahoo stock chat board for comparison. You think you've been slandered? Get a grip. Criticism comes with this gig.

My advice to Teilhard management: Take off the pull-ups, put on your big boy underwear, and try to sleep through the night without wetting the bed or suing your mommy for your night terrors.

Of course, Teilhard management is mainly threatening to sue the company's own private shareholders, which certainly suggests a different agenda. Unless otherwise convincingly explained, I'd say their agenda is not the recovery of their so-called reputations but instead the suppression by fear of debate, dissent, and organization by concerned shareholders.

In the U.S., we'd call this a SLAPP suit, and it would be grounds for rapid pre-discovery dismissal in some jurisdictions. Canada has a similar law, maybe better than the typical American patchwork. Anyone who would use lawyers as bullies deserves to be slapped down.

You can have my First Amendment when you pry it from my cold dead mouth.

Previous Teilhard posting.


tcp said...

Well said!

James said...

you sound angry or hurt. may i recomend Prayer? Christ Jesus Love You. Please Visit:

lovable liberal said...

Many have tried to witness to me, James, but you're the first on the Internet. Or maybe I just repressed the previous episodes.

Have you tried atheism?

Anonymous said...

There is an article about it in today's December 10 Calgary section.... called

"Patent payout splits Calgary firm's shareholders

Investors fight over proceeds of lawsuit"

lovable liberal said...

Thanks, anonymous. Here's a clickable link to the Calgary Herald story.

Anonymous said...

FWIW - the other shoe has dropped. Yesterday Juxtacomm filed against an astonishingly large set of "second tier" defendents (with some curious omissions). Here's the list:

Axway, Inc.
British Airways PLC
Office Depot, Inc.
Red Hat, Inc.
Ricoh Americas Corporation
Rotech Healthcare Inc
SAS Institute, Inc.
DataFlux Corporation
Iona Technologies Limited
Insight Enterprises, Inc.
Lawson Software, Inc.
Lawson Software Americas, Inc.
L'Occitane, Inc.
Magic Software Enterprises, Inc.
Magic Software Enterprises, Ltd.
Pervasive Software, Inc.
Progress Software Corporation
Schenker, Inc.
Seco Tools, Inc.
Sonic Software Corporation
TIBCO Software, Inc.
Vitria Technology, Inc.

-- pipeliner

lovable liberal said...

Thanks for the update, pipeliner.