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antonvsHNSource author
Lessons learnedExperience excerpt · English

I've worked for several startups

… I've worked for several startups. The smallest was one that I co-founded with no outside funding - we maxed out at five employees, three of whom were co-founders, but nevertheless we registered and successfully defended trademarks and copyrights. That business ran until its main product became obsolete, for about 5 years. The funded startups I've worked for all used the legal system around IP in various ways: trademarks, patents, copyright. One of these bogus DMCA claims would be easily and cheaply dismissed by any competent lawyer. And really, probably doesn't even require a lawyer unless a hosting company acts on it and doesn't listen to any objections.

Original discussionFake AI law firms are sending fake DMCA threats to generate fake SEO gains130 source comments · at import
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GE
gentleman11HN

The root problem is that the legal system is completely inaccessible and non-existent to individuals or small companies. Even to medium companies. Only mega corps and law firms can afford to use the legal system. Even big tech often avoids it because of the expense, but if they do use it, they’re going to win, 99.9% of the time because of their war chests So, people are semi defenceless when these things come up, and you can really abuse people in pretty epic and unending ways

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TM
tmpz22HN

> One of these bogus DMCA claims would be easily and cheaply dismissed by any competent lawyer. If you're a new small business owner how do you vet lawyers for competency? If you accidentally engage a less then competent lawyer who screws up, how does that impact the individual and company?

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ToucanLoucanHN

I've always been a fan of the concept of simply billing the losing litigants the legal expenses of both sides when the case was obviously frivolous. Seems like it would shut this shit right down.

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Capricorn2481HN

Aren't trademarks and patents exactly the type of thing that would need to be argued in court and therefore cost more money than most startups have?

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spxneoHN

GP is talking about cost-prohibitiveness of legal counsel a large company can absolutely drain your small/medium business with frivolous lawsuits. the point is that Western judicial system largely caters to capital not justice.

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mistrial9HN

I think you have to factor in your legal jurisdiction, skill level of yourself and close associates, and the network that builds from that, to compare legal costs.. one might say that as an active and functioning startup with employment, you attracted legal talent.. some outsiders, in various jurisdictions, might have some trouble finding legal services and for the right prices.

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