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Matthew Hoy
By Matthew Hoy on April 16, 2008

First off, for those who didn't know: It doesn't matter what kind of speaker cables, HDMI cables, composite cables or any other audio/visual cables you use -- they're all basically the same. Don't buy into the hype -- for 99 percent of uses you won't be able to tell the $100 cables from the $10 ones.

We here at Hoystory recommend you buy Blue Jeans Cable products. Not because I've ever used them, but because Monster Cables decided they should be the target of a frivolous lawsuit. Also, don't sue a company that is headed by a former trial lawyer.

I have seen Monster Cable take untenable IP [intellectual property] positions in various different scenarios in the past, and am generally familiar with what seems to be Monster Cable's modus operandi in these matters. I therefore think that it is important that, before closing, I make you aware of a few points.

After graduating from the University of Pennsylvania Law School in 1985, I spent nineteen years in litigation practice, with a focus upon federal litigation involving large damages and complex issues. My first seven years were spent primarily on the defense side, where I developed an intense frustration with insurance carriers who would settle meritless claims for nuisance value when the better long-term view would have been to fight against vexatious litigation as a matter of principle. In plaintiffs' practice, likewise, I was always a strong advocate of standing upon principle and taking cases all the way to judgment, even when substantial offers of settlement were on the table. I am "uncompromising" in the most literal sense of the word. If Monster Cable proceeds with litigation against me I will pursue the same merits-driven approach; I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds. As for signing a licensing agreement for intellectual property which I have not infringed: that will not happen, under any circumstances, whether it makes economic sense or not.

I say this because my observation has been that Monster Cable typically operates in a hit-and-run fashion. Your client threatens litigation, expecting the victim to panic and plead for mercy; and what follows is a quickie negotiation session that ends with payment and a licensing agreement. Your client then uses this collection of licensing agreements to convince others under similar threat to accede to its demands. Let me be clear about this: there are only two ways for you to get anything out of me. You will either need to (1) convince me that I have infringed, or (2) obtain a final judgment to that effect from a court of competent jurisdiction. It may be that my inability to see the pragmatic value of settling frivolous claims is a deep character flaw, and I am sure a few of the insurance carriers for whom I have done work have seen it that way; but it is how I have done business for the last quarter-century and you are not going to change my mind. If you sue me, the case will go to judgment, and I will hold the court's attention upon the merits of your claims--or, to speak more precisely, the absence of merit from your claims--from start to finish. Not only am I unintimidated by litigation; I sometimes rather miss it.

Hooray for Kurt Denke.

On a related technology note: For those of you who are so certain of global warming calculations, models and scaremongering brought to you by NASA, I would like to refer you to this story:

A 13-year-old German schoolboy corrected NASA's estimates on the chances of an asteroid colliding with Earth, a German newspaper reported Tuesday, after spotting the boffins had miscalculated.

Nico Marquardt used telescopic findings from the Institute of Astrophysics in Potsdam (AIP) to calculate that there was a 1 in 450 chance that the Apophis asteroid will collide with Earth, the Potsdamer Neuerster Nachrichten reported.

NASA had previously estimated the chances at only 1 in 45,000 but told its sister organisation, the European Space Agency (ESA), that the young whizzkid had got it right.

Calculating the trajectories of object in space is something NASA is supposed to be able to do well -- and it screws it up by a factor of 100.

And we're supposed to believe the projections they come up with in a immeasurably more complex system -- the Earth's atmosphere?

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