There must be strong punishment for frivolous lawsuits. This company is entirely in the wrong and the execs should be in prison, but instead they are wasting time and money with the copyright and other bullshit, trying to demotivate and distract the researchers.
I think intellectual property is a really bad concept, but I will acquiesce that short-term protection on some ideas, which can faithfully accounted back to significant investment cost, is a fair compromise. However this would never work well in our current system, and I'd rather there simply be not IP laws at all.
Im not familiar with polish law but does the loser pay all like in most other countries in the EU? (And pays more if deemed frivolous) does not solve the money up front problem but might bite them in the ass afterwards.
A reminder that Musk was willing to spend $44b rather than go through discovery in a civil lawsuit. That should tell you something about how fucked the system is.
Twitter was profitable for a few quarters before the purchase, and the last one was distorted by a one-time legal penalty. They weren’t printing money like Facebook but a business making profits measured in the tens of hundreds of millions can hire a lot of lawyers indefinitely.
Still not a specific case. If you're referring to Exxon Shipping Co. v. Baker, that was decided in 2008, so at most that's 19 years if the lawsuit was filed immediately after the spill. Granted, this is more than the "5-10 years" I initially estimated, but the lengthy litigation is only over the punitive damages, so in the context of "Option C). Pay 1 billion to keep the lawsuit going forever.", that's not really applicable. At best you can keep litigation going for 19 years to avoid paying the full amount, but you're going to have to compensatory damages far before that.
This is what Alex Jones / Info Wars is trying to do; it's sort-of working in that things have taken longer than they otherwise would, but it's slowly coming to an end anyway.
Same as trying to do a construction project in San Francisco, people will come out of the woodwork [edit: meaning separate cases, but with the same basic goal] with tons of money and delay, delay, delay. https://www.wbur.org/news/2024/12/20/nefsa-new-england-fishe...
Maybe they're right, maybe they're wrong, but clearly the tactic is to come up with any challenge that takes time to resolve whether reasonable or not just because of the time and expense.
The basic difference that makes it slightly less of a deal than it looks like is - unlike in the US - the whole lawsuit costs in Poland are paid by the person that lost the case.
The issue is still having the money when you need them before you win, and the lost time and nerves. Even choosing 2 different courts in opposite sides of Poland is pointing at this tactic by Newag.
The bar to proving SLAPP is quite high in the US. The protections do exist but they're so obscure and difficult that nobody feels safe, and invalid suits occur all the time.
SLAPP laws in the US vary from place to place, from fairly strong to non-existent. California has strong anti-SLAPP protection, whereas Michigan and Alabama have none at all. There is no federal anti-SLAPP law. So at least federally and in certain US states such litigation would absolutely fly in the US.
This "company" is strongly connected with previous government and their prime minister Mateusz Morawiecki (company owner is his close colleague), they work more like organized crime than legal entity copying the Russians. Sometimes, but not often, they even make some assassinations and I'm afraid it may be so in this case.
There was a female deputy Magdalena Biejat, now a president candidate, who was trying to make some public inquiry but the deputies from other party prevented that.
It all works because the former ruling party organized around themselves some kind of semi-religious cult consisting of around 1/3 of nation, usually older people that oppose everything they don't understand.
Haven't you mistaken Magdalena Biejat (senator and presidential candidate) with Paulina Matysiak (deputy making inquiries, now sued by Newag as well)? They're coming from the same political background, but are in fact two distinct women :)
> It all works because the former ruling party organized around themselves some kind of semi-religious cult consisting of around 1/3 of nation, usually older people that oppose everything they don't understand
this describes every country's conservative party btw
I think there should be professional association punishment for arguments presented in court that done so knowingly in bad faith. The examples given in the mental gymnastics used to claim copyright infringement is a great example. It's blatantly false and not true, and it's presented despite knowing it will be easily countered, because the FUD it provides to the jury makes it appear like a stronger case. It's arguing to prey on the vulnerabilities of human psychology rather than doing so in good faith and trying to represent someone's rights under the law.
I think it's a case where money / influence may indeed be flowing in both directions, but fundamentally the trains are working. Unless they experience the International Compressor Failure Day, or randomly clip GPS coordinates of a "dead zone" and simply refuse to move forward - but that just means some money hadn't flown where some crooked people expected it to flow.
One thing that is unclear to me is who is backing whom. The Left / Together Party backs our guys - no surprise there, all lefties love trains. But they are not such a big party in Poland, they can raise some ruckus in the media but I am not sure they can offer comprehensive legal/political backing in order to score a victory. They certainly would like to, it's a great story that would add them some voters.
These things are pretty random and don't usually align with party boundaries. Train lovers / open source / hacker communities are marginal interests groups. If a MP is from the region where the factory is - he might support it just because of that. Morawiecki famously has close friends in Newag board and PIS as a whole is on the Newag side it seems.
Razem has Paulina Matysiak who is a big train nerd so she's on the right side of this issue, but for a few decades the biggest supporter of hacking/open source culture in Poland was PSL's Waldemar Pawlak (he even organized Linux conferences in Palace of Culture :) ). I only found out when I attended one such conference in late 2000s and he had a presentation about Linux/Open Source in administration. It did not seem to turn the whole PSL into open source supporters and their image of backward/naive farmers certainly doesn't match with that.
Whenever there's some politicized case parties switch sides depending on temporary interests (see protests against ACTA back in 2011 vs PIS defending their Pegasus affair and spying on opposition members and journalists in 2060-2022).
They can’t be banned from participating in public tenders without due process. Tenders tend to have the price as the most important factor in choosing the winner.
It's not unfairly excluding a specific manufacturer if it's a reasonable requirement. Something like "no service vendor lock-in" and "firmware can't be silently updated remotely" would do the trick and either: 1) Newag would refuse to participate; 2) Newag would not do the same shit under the new contract; 3) Newag would do the same shit, easily found in direct breach of contract, then excluded for a few rounds of tenders on the basis of past breaches and/or active litigation.
It’s not uncommon for tenders to be even more specific (allegedly actually unfairly benefiting specific manufacturers), but this one seems highly functional & reasonable to the point of it being more of an oversight that it wasn’t originally included.
Tenders very often require prior history and experience to evaluate quality, ability or plain moral suitability. In a more publicly visible industry you see this, where a given banker or bank cannot get a license for some operations, Revolut for example.
This happens in every industry heavily interconnected with politics. An individual revealing fraud or corruption is subject to regular bullying and stalking or to SLAPP when the case has gained publicity. Only now the German and American standards have arrived to Poland, long awaited.
Yeah, Eva Joly's memoirs were instructive in this... in particular that discussion with a general who told her how she was lucky to be investigating the oil business, rather than the weapons business, or she would be dead already.
The EU is not a federal government. It can investigate only if there is misuse of EU budget money or the country government is breaching it's union obligations. Otherwise, the country aligns its laws to the common european framework and then the country government is responsible for investigating when someone breaks those laws.
It's VERY unlikely EU funds were never involved. Public transport and transport infrastructure is often incentivized with public money, usually with EU participation. It's hard to find big projects that had 0 EU funding.
It's not a magic spell that works across corporate entity boundaries. The company itself must have taken a relevant contract project. There must be a clear intent to defraud the EU fund (defrauding others is not enough).
> There must be a clear intent to defraud the EU fund (defrauding others is not enough).
Saying defrauding others does not seem right to me. If you defraud a distributor of EU funds, that may have impacted EU funds; they would have a claim.
I meant defrauding others who might have used EU funds to pay for your services - that's not defrauding the EU and a different court and agency will handle it.
Surely embedding a remotely triggered off-switch, as a vulnerability for military and commercial trains (and the overall supply chain logistics) would merit some kind of investigation?
Can't anyone with an antenna in a semi-close proximity spoof GPS signals that would engage these mechanisms?
It is actually far worse than just corporate greed.
It shows an embedded vulnerability into the entire supply chain, a national security issue caused by corruption.
They should get awards and payouts for bringing this to light now rather than the lives it would cost during a world war.
If the company makes it so these trains stop functioning once they are in specific locations, what determines that location? A weak GPS radio signal (which have had issues with spoofing in the past)?
What would happen if that radio signal was maliciously crafted and broadcast towards trains with targeted payloads that engage this functionality? Harvests/food stuffs rot?
This line of thought doesn't require genius level IQ, given the plots in some of the movies today even a relative dunce could compare and come up with this. Food security has been an issue for every country for millennia.
Governments that have functioning representatives do, because by doing so it saves themselves.
When the delusional, blind, and evil get into positions of power like this, take no beneficial action, make systems brittle and prone to breakage, and act as a front-of-line blocker for others that would take action to correct, then things go bad, really bad.
Their actions end up culminating in self-induced destruction directly or more often indirectly. Once you have no food, there is no way to produce it fast enough. If you can't transport it, there is no way to get it to locations with demand (it rots).
There are many cascade failures where after some critical juncture has been met, there is nothing that can be done to resolve the issue. A kobayashi maru, a great wave of destruction that you know is coming, but hasn't arrived yet, but everything is in its path (including themselves), and they can't change that.
Its the fundamental nature of evil people to destroy themselves, and others within their sphere of influence, and they most often don't even realize it because they've accepted delusion making them predictable always making choices that seek such outcomes (while claiming and believing they aren't).
The unfounded belief that A doesn't lead to B, when observations and objective measures (based externally in reality) and related predictions show A leads to B.
Go public earlier is BS - they went public a year ago when it was clear there is political change in PL.
If they would go public in before government change it could have been tragic ( company and company ownership is tightly coupled with prev political power). If previous political power would stay in power I do not believe they would go public.
As much as they are showing in presentation work was done when previous political power was still strong - well good that they went public in the end but I do believe there still was shitload of calculations.
So if you want to go public watch out calculate best possible time.
As much as guys are great don’t believe it is pure heroism - pure heroism is stupid - so they did right thing at right time.
Are you sure? I thought the trains were part of of Dolneslaska which means local government, not central one. As far as I know there were no voivodeship changes.
I think the lack of traction is endemic and happens regardless of current political power. This is because one of the issues they complain about was how hard was it to explain to journalists. Journalists did not get it and neither did the people. Even the Pegasus affair did not go far with the current legislature.
In a more dishonest note, they should have pulled a Russian conspiracy theory on it and it suddenly would be all over the news. As it was done on home turf it just is not so serious. Just look at how the Americans do with the Chinese, there might even be nothing but it is taken seriously.
73 comments
[ 3.9 ms ] story [ 139 ms ] threadOne more reason copyright deserves to die.
In the US, a lawsuit like this would never fly.
Though Poland needs to modernize it's law.
- Pay $44 billion.
- Pay $44 billion and go through Discovery.
https://en.wikipedia.org/wiki/Exxon_Valdez_oil_spill#Litigat...
Same as trying to do a construction project in San Francisco, people will come out of the woodwork [edit: meaning separate cases, but with the same basic goal] with tons of money and delay, delay, delay. https://www.wbur.org/news/2024/12/20/nefsa-new-england-fishe...
Maybe they're right, maybe they're wrong, but clearly the tactic is to come up with any challenge that takes time to resolve whether reasonable or not just because of the time and expense.
The issue is still having the money when you need them before you win, and the lost time and nerves. Even choosing 2 different courts in opposite sides of Poland is pointing at this tactic by Newag.
There was a female deputy Magdalena Biejat, now a president candidate, who was trying to make some public inquiry but the deputies from other party prevented that.
It all works because the former ruling party organized around themselves some kind of semi-religious cult consisting of around 1/3 of nation, usually older people that oppose everything they don't understand.
When it comes to "helping the business" both parties act the same way.
[0] https://www.wnp.pl/logistyka/chca-by-sprawa-newagu-zajely-si...
Mind expanding a bit about your perceived dramatis personae here?
this describes every country's conservative party btw
If you want to donate to the legal effort, the CCC has started a legal fund: https://www.ccc.de/en/updates/2024/das-ist-vollig-entgleist
"Fuck you, I won't do what you tell me!" --RATM
That is, IMO, the most important album of the 20th Century.
One thing that is unclear to me is who is backing whom. The Left / Together Party backs our guys - no surprise there, all lefties love trains. But they are not such a big party in Poland, they can raise some ruckus in the media but I am not sure they can offer comprehensive legal/political backing in order to score a victory. They certainly would like to, it's a great story that would add them some voters.
Razem has Paulina Matysiak who is a big train nerd so she's on the right side of this issue, but for a few decades the biggest supporter of hacking/open source culture in Poland was PSL's Waldemar Pawlak (he even organized Linux conferences in Palace of Culture :) ). I only found out when I attended one such conference in late 2000s and he had a presentation about Linux/Open Source in administration. It did not seem to turn the whole PSL into open source supporters and their image of backward/naive farmers certainly doesn't match with that.
Whenever there's some politicized case parties switch sides depending on temporary interests (see protests against ACTA back in 2011 vs PIS defending their Pegasus affair and spying on opposition members and journalists in 2060-2022).
Saying defrauding others does not seem right to me. If you defraud a distributor of EU funds, that may have impacted EU funds; they would have a claim.
Do you have a source for your assertion?
Surely embedding a remotely triggered off-switch, as a vulnerability for military and commercial trains (and the overall supply chain logistics) would merit some kind of investigation?
Can't anyone with an antenna in a semi-close proximity spoof GPS signals that would engage these mechanisms?
Vampires fear the light of truth for good and proper reasons.
They should get awards and payouts for bringing this to light now rather than the lives it would cost during a world war.
If the company makes it so these trains stop functioning once they are in specific locations, what determines that location? A weak GPS radio signal (which have had issues with spoofing in the past)?
What would happen if that radio signal was maliciously crafted and broadcast towards trains with targeted payloads that engage this functionality? Harvests/food stuffs rot?
This line of thought doesn't require genius level IQ, given the plots in some of the movies today even a relative dunce could compare and come up with this. Food security has been an issue for every country for millennia.
When the delusional, blind, and evil get into positions of power like this, take no beneficial action, make systems brittle and prone to breakage, and act as a front-of-line blocker for others that would take action to correct, then things go bad, really bad.
Their actions end up culminating in self-induced destruction directly or more often indirectly. Once you have no food, there is no way to produce it fast enough. If you can't transport it, there is no way to get it to locations with demand (it rots).
There are many cascade failures where after some critical juncture has been met, there is nothing that can be done to resolve the issue. A kobayashi maru, a great wave of destruction that you know is coming, but hasn't arrived yet, but everything is in its path (including themselves), and they can't change that.
Its the fundamental nature of evil people to destroy themselves, and others within their sphere of influence, and they most often don't even realize it because they've accepted delusion making them predictable always making choices that seek such outcomes (while claiming and believing they aren't).
The unfounded belief that A doesn't lead to B, when observations and objective measures (based externally in reality) and related predictions show A leads to B.
They believe, it won't happen, and then it does.
Go public earlier is BS - they went public a year ago when it was clear there is political change in PL.
If they would go public in before government change it could have been tragic ( company and company ownership is tightly coupled with prev political power). If previous political power would stay in power I do not believe they would go public.
As much as they are showing in presentation work was done when previous political power was still strong - well good that they went public in the end but I do believe there still was shitload of calculations.
So if you want to go public watch out calculate best possible time. As much as guys are great don’t believe it is pure heroism - pure heroism is stupid - so they did right thing at right time.
I think the lack of traction is endemic and happens regardless of current political power. This is because one of the issues they complain about was how hard was it to explain to journalists. Journalists did not get it and neither did the people. Even the Pegasus affair did not go far with the current legislature. In a more dishonest note, they should have pulled a Russian conspiracy theory on it and it suddenly would be all over the news. As it was done on home turf it just is not so serious. Just look at how the Americans do with the Chinese, there might even be nothing but it is taken seriously.