

Taxi Surfer, From Pitch to Lawsuit in Five Days - barrydahlberg
http://taxisurfer.com/blog/

======
webwright
SO SO stupid (both sides). The original threatening email seems pretty silly.
The response, by adopting that tone, making it public, etc., is a big "I DARE
YOU" to the lawsuit-happy moron.

The problem is, it's challenging to know just how rich or insane this person
is, and they just publicly started bumping chests with him like a drunken
teenager. Other than feeling smug, why is it a smart move to make this
personal/emotional? Respectfully indicate that you disagree and request that
further communication come from a lawyer.

Also, by saying "We don't have a company, we're just a bunch of guys", you've
said, "We don't have a corporate veil-- you can sue us DIRECTLY as
individuals." Way to expose the jugular.

~~~
gavinballard
I think there's a time and a place for public dissemination of emails like
this. To take an example, TechCrunch does it all the time - sometimes I think
it goes too far (every single internal email AOL sends out), sometimes I think
it's appropriate (eg the "snark" email from Moviefone
<http://techcrunch.com/2011/03/15/snarketing/>).

In this case, where there is virtually zero chance of legal proceedings
actually resulting, and the protagonist is simply venting / bullying / baiting
the recipient, I think publishing an email publicly is a decisive statement
that you think they're silly, ridiculous, and should go away (it's also a good
read and nice publicity). From a legal perspective, you don't really lose
much, if any, ground.

Also, for what it's worth, even if this guy is considering the "corporate
veil" (that's a big if), and even if he has a shred of a cause of action (even
bigger if) then knowing he's going after individuals is even less appealing
that going after a nascent company (much harder to extract money and legal
fees from a 22 year old student).

~~~
webwright
"In this case, where there is virtually zero chance of legal proceedings
actually resulting...."

Dunno about NZ's legal system-- you're probably right. In the US, a rich
person with an axe to grind could make your life hell. They might gleefully
spend $20k to teach some snotty kids a lesson, even if they knew they would
lose. Meanwhile, the kids are maxing out credit cards to cover the cost of
their out-of-his-league lawyer and are horribly distracted from actually
building stuff.

Even the spectre of a lawsuit could scuttle fundraising hope. Investors don't
want to touch people with enemies. If you had early acquisition interest, what
happens in the reps and warranties phase when you disclose that there MIGHT be
a lawsuit on the horizon? Could it scare a suitor off?

All this for 5-10k pageviews on your blog, tops?

~~~
SupremumLimit
It's exactly the same in NZ - if you have money, you can make somebody's life
hell even without a trace of wrongdoing on their part.

~~~
oreilly
NZ does have a major point of difference from the US - the courts will often
"award" the costs of the case from a successful defendant to the originator.

This tends to discourage abuse of the legal system for intimidation, as there
is a risk it will backfire on you and you will end up paying for all lawyers
involved.

~~~
SupremumLimit
It's a much smaller risk to the side with money. If you didn't have that much
money to begin with, you may not even be able to afford defense, or you have
to rack up huge lawyer bills for an uncertain outcome. And in the case of
companies you can't even represent yourself, you have to have a lawyer. Also,
awarding costs may or may not happen and is separate from the outcome of the
case. So it might discourage _some_ abuse, but not much.

------
wisty
I searched the letter, and can't find the word "patent" anywhere. Unless there
is a patent involved, then the wannabe plaintif is relying on "Trade Secrets"
(NDA), rather than patents to protect his turf, I'm pretty sure you can
politely tell him to fuck off. (IANAL, this is not legal advice).

I've heard that under certain circumstances, you can write a threatening
letters, just to rattle the competition. Best get a lawyer to do it, as it
sounds slightly credible, and they can make sure you don't actually do
anything illegal, but you can often just quote legislation and "request"
people back off ... it's just a request, right? The FBI did this to wikipedia,
whose legal team sent a hilarious reply.

It's an extremely bad idea if you have a patent they are infringing on (as
direct threats will force them to counter-sue, or settle immediately, or face
extra damages), but for most things you can talk as much legal smack-down as
you want.

~~~
gavinballard
Actually, in Australia and NZ (not sure on the situation in the US and
elsewhere), empty threats to sue to enforce intellectual property rights are
illegal (I am an Australian law graduate, not practising, this is not legal
advice).

It's sad that folks like this seem to think that threatening to sue at the
drop of a hat is a perfectly acceptable business tactic. It's especially sad
in a case like this when the intellectual 'property' (it's so ephemeral in
this situation that quotes are needed) concerned involves an idea that almost
everyone who has thought about location-based services has had. (No offence to
Andrew and the team, they seem to have actually executed it and executed it
well).

------
lolizbak
We had the same adventure with a small dating product we launched in Feb:
SecretPoke.com (<http://news.ycombinator.com/item?id=2179649>).

3 days after launch, we received a cease and desist letter from
SecretementVotre (secretly yours, in french) asking us to basically close the
service : [http://www.businessinsider.com/secretpoke-
secretementvotre-2...](http://www.businessinsider.com/secretpoke-
secretementvotre-2011-2)

We had more fun than fear, and actually blogged about it. Even playing off
with the title: SecretementVotre wants to screw up SecretPoke.

Ideas are a dime a dozen, execution is everything. At any given time, 10+
people around the globe are thinking about the same revolutionizing ideas...
The only difference between France and the US is that you cannot "protect" an
idea in France... so nothing happened.

~~~
pbhjpbhj
>The only difference between France and the US is that you cannot "protect" an
idea in France... so nothing happened.

What do you mean by this?

Patents are available in nearly every country and equally for anyone in most
jurisdictions; they protect [against others implementations of] your ideas.

Did I miscomprehend you?

~~~
lolizbak
Don't think you did :)

In France, you cannot protect a business concept / process / idea. You can
patent code, protect IP, logos, ... but not a concept. I'm no lawyer, of
course, and any lawyer would find counter arguments. But all in all, you
cannot.

For instance, this [[http://mashable.com/2010/06/17/amazon-patents-social-
network...](http://mashable.com/2010/06/17/amazon-patents-social-networking-
system/)] or maybe that [[http://www.zdnet.com/news/facebook-wins-patent-for-
location-...](http://www.zdnet.com/news/facebook-wins-patent-for-location-
based-social-networking/472766)] would not be accepted. You would have to IP
the code itself, the methods, the technology. And if someone did the same
thing differently, you would not be able to attack or C&D them.

~~~
pbhjpbhj
There are software patents in Europe, but it's complicated. I don't know about
the French office _per se_ but you can get a patent from the EPO that
nominally covers France. (Though you would then end up fighting for it in
France unless EPLA has gone through).

The EPO's technical board of appeal have passed both business method and
software patents, FWIW. See eg [http://www.epo.org/news-
issues/issues/computers/software.htm...](http://www.epo.org/news-
issues/issues/computers/software.html).

The important distinction used to be in where the so called "technical effect"
lay but I know the law has moved on somewhat since I was familiar with it
(Macrossan + Aerotel, EPLA?, etc.).

Your 2 specific citations look to be sound examples of the sort of thing that
is patentable in the US (or was) but not in Europe. However with these things
covering the ground necessary to inhibit a competitor can be just a matter of
[very clever] drafting.

------
ericHosick
What gets me on stuff like this is that for every one person who executes
successfully and make something great there are hundreds of people waiting
around to suckle off of that success.

~~~
chopsueyar
Welcome to the history of human civilization.

------
cperciva
Dumb people say dumb things. A few months ago I got an email demanding that I
cease and desist from infringing on the author's patent application.

Just file it in the loony bin and move on.

~~~
aChrisSmith
+1 for "dumb people say dumb things". Unless you realize this when
participating in internet citizenry you'll likely fall into the trap of saying
equally dumb things.

~~~
Qz
Works for all citizenry, not just the internet.

------
trotsky
If I posted all the vague legal threats I've gotten over the Internet over the
years I could come close to filling up the front page of HN. Only one ever
came to any sort of legal action - a case was filed and then dropped a few
months later without further comment.

The appropriate response when dealing with folks that both don't have a lawyer
and don't seem to have a case is to tell them to serve you and forget about
it. They'll be forced to seek counsel, who will most likely explain to them
the error of their ways. It's the kind of thing that doesn't work well when
coming from you, for obvious social reasons.

<https://xkcd.com/386/>

~~~
dasil003
Is it sad that I recognize that xkcd id?

------
alexjawad
"People have to realise that an idea is worth nothing. A good idea with great
execution has value, but without this execution, it’s worthless. Getting an
estimate for execution of an idea in 2009 does not grant you ownership of it."

Bang on target!!

~~~
Tycho
The whole idea of good or bad depends entirely upon the concept of value.
Saying a 'good' idea is 'worthless' (ie. no value) is a contradiction in
terms.

~~~
bad_user
An "idea" in the context of "great execution" can have good or negative value.

An idea that's not taken in the context of "great execution" cannot be good or
bad in absolute terms, since that can only be seen after it is implemented.
This is how it works -- people only have hunches that this idea, implemented
for this particular demographic, combined with this other idea, delivered just
in time for this upcoming conference, might just work; but you can't really
say for sure, and truth is, it's like a lottery ticket.

Expanding on that -- the idea of buying a lottery ticket is great when you
win, it's bad when you lose or don't follow through with the plan (which
happens in more than 99.99% of the cases). Based on that, the idea by itself
is worthless, as it depends on actually buying the ticket (implementation) +
timing (which affects your winnings) + lots and lots of luck. Thus buying a
lottery ticket is bad for most people (as they lose time and money), but great
for a few lucky individuals -- and that's how it is with startups in general.

~~~
Tycho
You're jumping the gun. The good ideas _tend_ to be the ones which people
bother to implement. You don't just pick an idea at random and go for it.

If you want to say 'the true value of many ideas which startups are based upon
cannot be determined very easily due to conflation with other variables (luck,
timing, expertise, effort)' then fine, but just say that (though that is
hardly a problem exclusive to measuring the worth of ideas). What I object to
is this 'good ideas are worthless' doublespeak which butchers logic and the
English language.

~~~
bad_user
First, you should reread what I said -- no, you don't pick an idea at random,
and ideas can have a negative impact on your product (it's right there, in my
comment).

    
    
        'good ideas are worthless' doublespeak which 
        butchers logic and the English language.
    

The article says:

    
    
        People have to realise that an idea is worth 
        nothing. A good idea with great execution has
        value, but without this execution, it’s worthless.
    

And it is the truth, simply because ideas cannot be classified as good or bad
until the implementation happens. You can't call someone out for stealing your
idea, if you're sitting on in from 2009, and not doing anything about -- in
this context, the idea is worthless.

If you don't think it is -- try having a "good idea" and then sell it.

~~~
Tycho
You don't pick ideas at random, but then you can't classify them as good or
bad either? So how do you pick them?? Random also matches up with your lottery
analogy.

The logic of the article's statement is still flawed anyway.

    
    
        A good idea [without great execution] [is] worthless.
    
        A good idea is worthless.
    

^ That's what the sentence reduces to, and it's nonsense. And talking about
selling is a massive oversimplification of the issue.

~~~
bad_user
IMHO, that's not a possible reduction -- things have value with context
attached (what is value anyway without context?). And if evaluated by boolean
algebra, it also doesn't compile as ... second statement implies first
statement, but not the other way around, unless first statement is false ;)

~~~
Tycho
Sure, a value must be rooted in another concept, ie. it must be a value _to
someone_ (ultimately they'd judge it in the context of does it improve their
life, although a whole chain of other values may be necessary to reach that
point), but so in turn must _value judgements_ such as 'good' or 'bad' be in
the context of value. (Which was my original point.)

For instance we have images of far away galaxies that don't exist anymore, you
certainly cannot sell one of them and they have no value to us - so it would
be ridiculous to talk about faraway nonexistant galaxies being good or bad.

------
pge
"Never argue with a fool; onlookers may not be able to tell the difference"
-Mark Twain

------
moeffju
This exact thing has been done quite a while ago, and it even looks very
similar of course – <http://www.mytaxi.net/>

~~~
TillE
"Quite a while ago" seems to be October 2010 :-)

And German cities probably aren't the best place to launch such a venture. I'm
not sure about Bonn and Stuttgart, but the rest definitely have good public
transit. Your potential audience is seriously limited compared to, say, a city
like LA.

~~~
moeffju
tbh I didn't remember when exactly it launched. I agree that Germany might not
be an obvious market because public transportation tends to be pretty good.
Except after midnight on weekdays, or sometimes on the weekend, or when you
want to go somewhere quickly, or with a group of people :)

Also, people obviously do use taxis even in Germany, and myTaxi replaces the
middleman (taxi dispatchers) and replaces them with tech, so they can take a
smaller cut, and claim to be impartial. Taxi drivers seem particularly
disgruntled with dispatchers in Hamburg and Berlin and are happy about myTaxi
giving them back some control – and more of the profit.

------
barrydahlberg
These guys won the Auckland Startup Weekend down here in NZ at the start of
the week, it's been entertaining viewing since.

~~~
genbattle
Gah, why do i never seem to hear about these events... -1 for living in
Palmerston North i guess. Is there some website or newsletter where these
events get published and promoted?

Hopefully the childish behavior on both sides doesn't reflect poorly on Kiwis
as a whole -_-

~~~
barrydahlberg
Try signing up for NZ events at <http://startupdigest.com/>, they are doing a
decent job of keeping us updated at the moment.

------
bugsy
Interesting. Sounds like he doesn't have a patent, no one at the other firm
has ever had any contact with him, the idea is so obvious there are many
companies with similar apps, and it's a conflict that crosses international
borders and would cost an absolute fortune to pursue legally.

------
Cushman
I'm a little leery of this: _People have to realise that an idea is worth
nothing._

An idea is worth nothing in the sense that an idea can't make money by itself.
There are still such things as better and worse ideas, and "your idea is
worthless, so it's not stealing for me to use your idea" (a la
<http://news.ycombinator.com/item?id=2235218>) feels like a pretty slimy use
of the phrase.

"You aren't the only one who can have good ideas, and you don't own an idea
just because you had it first" seems like a much less judgmental way to say
this.

------
S_A_P
Funny thing is this sort of application was my first idea for iOS as soon as v
2.0 was released. It seems a natural use case for a location aware device. I
just knew I didn't have the resources to properly execute it.

------
acconrad
I wonder if that was his actual response to the email. While I think it's a
great tone of voice for a blog (I loved it), I think there is a way to
mitigate that situation and have you come out even better than you were
before. Encourage them to build out their products and do it better than you.
They will either fail to deliver and you've eliminated a competitor, or you
can use his struggles to compete as ideas to generate if he happens to think
of neat features you could implement as well. Never try to close doors you
couldn't learn from by keeping open and exploring.

------
personalcompute
Link to the actual post: [http://taxisurfer.com/blog/2011/04/from-pitch-to-
lawsuit-in-...](http://taxisurfer.com/blog/2011/04/from-pitch-to-lawsuit-in-
five-days/)

~~~
tenfef
Followup post can be found here: [http://taxisurfer.com/blog/2011/04/our-cd-
friend-is-persiste...](http://taxisurfer.com/blog/2011/04/our-cd-friend-is-
persistent/)

------
ssharp
While the C&D likely had no merit, the snarky and insulting response was just
as unnecessary. There was a mature and professional way to blow the guy's
email off.

Making this public makes Taxi Surfer look worse than the guy threatening to
sue them.

