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A New Hampshire state court has dismissed a defamation suit filed by a patent owner unhappy that it had been called a "patent troll". The court ruled [PDF] that the phrase "patent troll" and other rhetorical characterizations are not the type of factual statements that can be the basis of a defamation claim. While this is a fairly routine application of defamation law and the First Amendment, it is an important reminder that patent assertion entities--or "trolls"--are not shielded from criticism. Regardless of your view about the patent system, this is a victory for freedom of expression.
[...] The court went on to explain that "patent troll" is a term without a precise meaning that "doesn't enable the reader or hearer to know whether the label is true or false". The court notes that the term could encompass a broad range of activity (which some might see as beneficial, while others see it as harmful).
The court also ruled that challenged statements such as "shakedown" and comparisons to "blackmail" were non-actionable "rhetorical hyperbole". This is consistent with a long line of cases finding such language to be protected. Indeed, this is why John Oliver can call coal magnate Robert Murray a "geriatric Dr. Evil" and tell him to "eat shit". As the ACLU has put it, you can't sue people for being mean to you. Strongly expressed opinions, whether you find them childish or hilariously apt (or both), are part of living in a free society.
(Score: 2, Offtopic) by realDonaldTrump on Saturday April 14 2018, @11:48PM (2 children)
People may not always think big themselves, but they can still get very excited by those who do. That’s why a little hyperbole never hurts. People want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole. It’s an innocent form of exaggeration -- and it’s a very effective form of promotion.
(Score: 2, Offtopic) by captain normal on Sunday April 15 2018, @03:48AM (1 child)
"hyperbole" ...That reminds me of Phineas Taylor Barnum. Whom Donald Trump is oft compared to.
https://www.washingtonpost.com/news/morning-mix/wp/2017/01/17/out-goes-p-t-barnums-circus-in-comes-donald-trump/?utm_term=.78c3acfe3bcd [washingtonpost.com]
When life isn't going right, go left.
(Score: 2, Offtopic) by realDonaldTrump on Sunday April 15 2018, @04:19AM
I am like P.T. Barnum. We need P.T. Barnum a little bit, because we have to build up the image of our country. I'm the biggest a cheerleader for our country. I thought Obama, when he got elected, would be a good cheerleader. That's the one thing I said. I said, you know, he'll unify the country, whether it's African American and white and all. You know, he'll unify. He didn't unify. He was a great divider. Our country is so divided right now. I think it's on everybody. But he was the leader. He was the leader. He could've been a great cheerleader and he wasn't. And that's too bad. I am a unifier. I know people are going to find that a bit hard to believe but believe me, I am a unifier.