Our civil-litigation system—which, unlike those of most other industrialized countries, does not require the loser to pay costs for unsuccessful suits—also stacks the odds in patent trolls’ favor. Patent trolls are free to engage in legal shakedowns, threatening litigation against small businesses, for which the cost of even a successful court defense often proves ruinous …
This is where Carolla comes in. He’s decided to make himself the focus of the Personal Audio suit against podcasters. Told by his lawyers that it will take $1.5 million to defend against the troll’s claims, Carolla is using FundAnything.com to mount a financing campaign. He’s appealing to his listeners and those of other popular podcasts.
“Normally people settle up with these guys because it’s so expensive to fight them,” Carolla says. “Well, guess what? We’re going to circle the wagons, band together, and come out throwing punches.” Otherwise, he warns, “We’re going to all fall like dominos.” The campaign has raised $300,000 so far, but it has a long way to go.
The problem is that Personal Audio and similar trolls are relentless. Because so many companies have decided to settle with it rather than battle in court, Personal Audio appears to have deep pockets. Suing is its business.