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Officials from the NRA and the gun industry defend the law as necessary to protect U.S. companies from costly, and what they see as unfair, litigation that seeks to blame manufacturers and sellers for crimes they did not commit.
The National Rifle Association fought hard to get the immunity from Congress, saying it was needed to protect U.S. companies from costly and what they see as unfair litigation that blames them for the crimes of others.
Now, I know what you might be thinking: without unions and the big old pot that comes with dues collection, teachers are not protected from unreasonable demands on their time, cannot negotiate a fair price on health benefits, or be shielded against unfair litigation.
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It is a very, very unfair advantage in Litigation.
Critics have called the BSA's membership obligations unfair, resulting in litigation in various state and federal courts.
When, however, startups that are struggling or established companies that seek unfair advantage arrange with litigation shops to share their patents for a cut of the litigation proceeds or sell them outright to a company they know will sue their competitors and harm those competitors' ability to compete fairly, the marketplace is badly distorted.
I am an intellectual property attorney with over 13 years of experience focused on strategic counseling, patent prosecution (mechanical, electrical, software, design), IP litigation (ITC, PTAB, District Court), unfair competition, licensing, branding, and corporate due diligence.
In doing so, the DMCA basically allowed user-generated sites to grow and prosper by sheltering them from unfair demands and excessive litigation by traditional media companies (TMCs) when a user did upload infringing content.
One of the major reasons NPE litigation is unfair to startups is that a startup defendant may have a lot of documents and files to sift through in order to response to civil discovery, whereas an NPE may have minimal documents.
Companies use the NAD to get a hearing on advertising claims they believe are unfair without resorting to litigation.
That case follows complaints by Microsoft and Apple that they were victims of unfair licensing conditions and abusive litigation by Motorola Mobility.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com