Imagine if GMail only allowed you to send Google Mail(TM) to other @gmail.com addresses. Email's decentralization allows us to ignore the fact that other people may be reading on an iphone, yahoo mail, or emacs.
Decentralization isn't (only) for neckbeards. It's about giving users freedom to socialize with those who choose a different client. Isn't it bizarre that I use LinkedIn, you use Facebook, therefore we can't be friends?
First we build the decentralized social network, then I will decide if I want to social network with you via google, yahoo, or emacs.
It depends on the jurisdiction and circumstances. In Federal Court, there are sanctions as a penalty (to deter more frivolous action) and damages (to compensate the other side). See http://www.law.cornell.edu/rules/frcp/rule_11#rule_11_c
A court may:
- Order one side pay for the other side's attorney's fees
- Order one side to pay for the court's wasted time
- Dismiss the case
- Issue a public reprimand
Also, an attorney may violate professional responsibility laws which could have other penalties, such as being disbarred.
If you have the time, definitely give your representative a call, but you can also check out the Open Congress page for SOPA (H.R.3261): http://www.opencongress.org/bill/112-h3261
If you need specific advice about tax liability or incorporation decisions, you may want to talk to an attorney.
Incorporating in Delaware does not necessarily make a corporation a Delaware resident only. If a corporation operates in California, it is probably subject to California taxes. In general, a corporation can be a resident of both the state of incorporation and the state of its principal place of business.
For sales/use tax, owning property in California or having regular employees in California may be enough.
This is not legal advice, just common sense: be careful what you admit online! In some cases, willful use of someone's trademark may entitle them to punitive damages or lost profits.
I didn't know that I was infringing until he notified me. But after doing the research, I am quite certain that I am. I definitely plan on making the necessary adjustments.
Apple would not get an injunction, but it could get a declaratory judgment. Apple could get a judgment for invalidity or non-infringement.
You are right though, legally Apple is in a different position from the app developers that are being sued, and that probably poses some problems. The terms of Apple's license with Lodsys might hamstring some of their arguments. Apple might not even have standing to get a judgment of non-infringement. On the other hand, if Apple had filed for declaratory judgment, it could have chosen a venue other than the Eastern District of Texas, the plaintiff-friendly federal court that Lodsys chose.
It's a complicated decision for Apple, and it's more than just choosing to stand up for developers or not. Apple was probably in the process of evaluating the strength of their position when Lodsys rushed the issue to the courthouse.
