On Tue, Dec 30, 1997 at 05:39:30PM -0800, Dave Crocker wrote:
> At 05:55 PM 12/27/97 -0800, Kent Crispin wrote:
> >Cost of xerox.firm: $100
> >Legal cost to xerox to go to court: $5000
> >
> >I offer "xerox.firm" to xerox for $3000
> >They save $5000-$3000: $2000
> >I make $3000-$100: $2900
> >
> >It's a no-lose proposition for me. All I need is a 10% chance that
> >the company will take my offer, and I'm in business.
>
> Would that human decision-making were so rational and predictable. Besides
> the fact that it isn't and that even very professionally run companies can
> be extremely emotional sometimes, there are also "rational" reasons your
> scenario won't always work:
>
> Xerox notes the potential for this problem recurring with other small-time
> greedy folk and wishes to make an example of you. They note that they have
> big pockets and you have small. They are easily willing to spend the $5K,
> since it will hurt them less than it will hurt you. This way they send a
> message to other folk like yourself that such folks will a) lose the name,
> and b) lose $5000.
>
> Think of it as a kind of pre-emptive class action suit.
Doesn't work that way, however. Xerox pays $5000 to file a suit; I
say "sure, it was all a mistake -- you can have the name -- just pay me
what it cost me, and it's yours". Net cost to Xerox: $5000; net
cost to me: $0. In practice, if I am at all careful, the downside
risk is essentially nonexistent. They can't even sue me for court
costs, if it never goes to court. And, in practice, I can guarantee
that it never goes to court.
-- Kent Crispin "No reason to get excited", kent@songbird.com the thief he kindly spoke... PGP fingerprint: B1 8B 72 ED 55 21 5E 44 61 F4 58 0F 72 10 65 55 http://songbird.com/kent/pgp_key.html
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