Calling all IP attorneys and litigators

[Gothica]

I'm looking into the literature and case law on MMO-related IP rights. There's a good bit of it (or at least of the former). I have some ideas that are brewing. If you're an attorney who does some IP work, or you're a litigator, or (ideally) both, and you'd like to help, please pm me. Thanks!

[Segev]

I am filled with a nameless dread at the OP. c_c

[Victoria Victrix]

Just a word of caution.  I don't want to be a downer here, but I also want you to know what you are getting into.

This is going to be very expensive.  One of my friends works at a very large law firm, and legal fees begin at about $25/hour for very simple stuff done by paralegals.  Once you get into actual attorney fees--and they charge for everything from telephone calls to reading documentation--you can double or even triple that.

Even if there was anyone here who specialized in that sort of law, and even if s/he was willing to work on this pro bono in his/her spare time, this would still be expensive.  There are fees involved at every turn in bringing things to litigation.  If your suit was dismissed, you could be held responsible for the fees, not only of your side, but of NCSoft's side.  This could easily range from thousands of dollars to tens of thousands of dollars.

That doesn't even begin to get into how much of your time this will require.  You will not have a life outside of this litigation, and it will go on for months at minimum and possibly years.  Then, the case will almost certainly be appealed if you win.  How much of your life are you prepared to sacrifice for this?  I'll tell you this frankly, and call me a coward if you want, but I would not be willing to do this.  I've been through both a legal case in which we were clearly in the right and being stalked by a junkie who was going to murder us, and I can tell you that being stalked was not nearly as stressful as the legal case.

[dwturducken]

I am filled with a nameless dread at the OP. c_c

Mmmm... Lovecraft.  So, IP law is a shambling horror? A Thing That Shall Not Be Named?

[Mistress Urd]

Probably better to spend time and resources into making a new game.

Just my 02 INF.

[Zolgar]

I've been through both a legal case in which we were clearly in the right and being stalked by a junkie who was going to murder us, and I can tell you that being stalked was not nearly as stressful as the legal case.

Which is a very sad statement about our legal system.

[Gothica]

Thanks for the concern. I suppose I should clarify a few things.

First, I not only have a law degree but I used to be a law professor (so you can blame me about the glut of attorneys out there, hehe). So I know the costs and risks of going down this road. (And--as I myself counseled someone on another thread a week or two back--it's mostly cost and risk in this instance, and likely little benefit.)

Second, I'm just exploring some theories right now, and since there's only one of me, and I'm neither a litigator nor an IP specialist, I was trying to find a few extra pairs of hands (or, rather, eyeballs).

Mainly, I'm trying to find a theory that--in keeping with a prospective change from carrot to stick--would let us file a suit that would hit NCSoft in the PR department. If we had a legal claim that the courts wouldn't dismiss out-of-hand, and if we could find the wherewithal for it, NCSoft would have to defend it, and that would make at least a little news (though not soon enough to have any immediate impact). Two big "ifs," I know, but at this point we're getting a bit desperate, and desperate people need to make sure they've considered every option.

Does this have much of a chance? I'll be the first to try to answer this question realistically. But that doesn't mean that we shouldn't at least toss the idea around. (And I have found a few theories being discussed in the law schools that are intriguing on at least a theoretical level.)

[Victoria Victrix]

Counselor, I rescind my objection.  You're operating from a position of knowing what you are (potentially) getting into.

[pandora114]

Well their press release is a bunch of falsification and lying to their fan base so you could potentially work with that >.>

[StarRanger4]

Mmmm... Lovecraft.  So, IP law is a shambling horror? A Thing That Shall Not Be Named?

Apparently so!  Not surprising, since the very advesarial nature of any litigation can be lovcraftian, and given the nature of IP, I'd expect it to be an order of magnitude worse.

[downix]

Apparently so!  Not surprising, since the very advesarial nature of any litigation can be lovcraftian, and given the nature of IP, I'd expect it to be an order of magnitude worse.

And here I was pondering the copyright implications. Gothica here goes into the real horror, and let me tell you Copyright law is scary enough.

[Olantern]

I am a law professor as well.  (See the "Legal Considerations" thread for more on this.)  I have litigation experience, though not in this area.   My only experience with IP, however, was taking the class in law school.  (I have retained it better than most subjects, since it comes up fairly often in everyday life.)

Even speaking as an attorney, I have to agree with VV here.  The point about litigation taking over your life is only more true if you're the lawyer.  (This is the reason I'm not in practice any more.)

I did some research on this point a few weeks ago, and I don't think there are any viable claims against NCSoft.  One of my areas of scholarly interest is frivolous litigation, so the possibilities of weak claims and sanctions are things I know a lot about.

PM me for more information and for a possible contact who might be of use to you, or, failing that, a starting point for further research.

[RedWolfeXR]

I'll tell you this frankly, and call me a coward if you want, but I would not be willing to do this.  I've been through both a legal case in which we were clearly in the right and being stalked by a junkie who was going to murder us, and I can tell you that being stalked was not nearly as stressful as the legal case.

At least with a stalker you can invoke the second amendment and not be forced to depend on someone else for your defense.  :/ 

[Gothica]

I did some research on this point a few weeks ago, and I don't think there are any viable claims against NCSoft.  One of my areas of scholarly interest is frivolous litigation, so the possibilities of weak claims and sanctions are things I know a lot about.

The stuff I'm looking at is pretty bleeding-edge (and most of it from student notes at that), and my main concern is whether it could even clear the frivolity hurdle, so your work might be useful in that regard. Kind of tied up today, but will try to get you something tomorrow. Again, however, I do recognize this as a desperate gamble, and even the logistics of filing and funding a suit would be a major undertaking. Nevertheless .  .  . .

[Victoria Victrix]

Gothica has explained it in more depth to me, Olantern.  It's really bleeding edge and fascinating.  Has it a chance in hell?  No clue.  But it's not anything anyone has brought up here before.

I have to wonder if firing a shot across the bows of the NCSoft legal department wouldn't rattle enough cages for some movement, however.

I send her a note on the only analogous situation that I could think of, whether or not that was useful, I don't know.

[The-Hunter-JLJ]

Gothica, how about the blogosphere? I'm thinking specifically of volokh.com - as I recall there are a couple of bleeding edge types doing IP who are part of the conspiracy there. It's a fairly fascinating collection of legal types, and this might well pique their interest.

[Olantern]

Gothica, how about the blogosphere? I'm thinking specifically of volokh.com - as I recall there are a couple of bleeding edge types doing IP who are part of the conspiracy there. It's a fairly fascinating collection of legal types, and this might well pique their interest.

Volokh would grab the largest possible audience, but something more targeted to IP specialists might be more apt here.