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Google Kills a Little Piece of HAIF


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Google has 300 billion dollars to spend on lawyers.

I paid for McDonald's on a credit card last night.

They win.

Then what do they have to gain from suing you? An injunction against your use of banners? Is that any worse than voluntary compliance?

I say, keep doing it until you receive a cease and desist letter (if they bother to notice), and then do exactly like Simba suggested and seek pro bono legal support.

EDIT: And if you're really that cautious, send Google notice of what you have been doing in the past and whether they have any objections to you carrying on in the same manner. Send it by certified mail and ask for a response within a reasonable time period. The worst that can happen is that they tell you no. If you don't hear back from them, then it obviously isn't something they care about; and if you're wrong and they send a cease and desist letter after you make more special occasion banners, well you've at least acted like a reasonable person acting in good faith. That's a pretty powerful place to be coming from.

**I AM NOT AN ATTORNEY. DO NOT TAKE MY ADVICE.**

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Then what do they have to gain from suing you? An injunction against your use of banners? Is that any worse than voluntary compliance?

I say, keep doing it until you receive a cease and desist letter (if they bother to notice), and then do exactly like Simba suggested and seek pro bono legal support.

EDIT: And if you're really that cautious, send Google notice of what you have been doing in the past and whether they have any objections to you carrying on in the same manner. Send it by certified mail and ask for a response within a reasonable time period. The worst that can happen is that they tell you no. If you don't hear back from them, then it obviously isn't something they care about; and if you're wrong and they send a cease and desist letter after you make more special occasion banners, well you've at least acted like a reasonable person acting in good faith. That's a pretty powerful place to be coming from.

**I AM NOT AN ATTORNEY. DO NOT TAKE MY ADVICE.**

@Ed,

I agree with Niche. Here are some more thoughts:

  1. You can contact the Houston Bar Association. They offer a legal advice hotline pro bono. You can visit the pro bono service page of the American Bar Association here: http://www.americanb...es/probono.html. Scroll down to Texas (then Houston) to find their information. Or, you can simply visit the HBA page here: http://www.hba.org/. You may also be eligible for help from the Texas Community Building with Attorney Resources (Texas C-BAR). Scroll down a bit further from the HBA listing on the ABA page to get more information. I don't know if HAIF is set up as a non-profit (even if not registered) or a for-profit, but - to me - it clearly serves the community.
  2. Another option is to seek a third-year law student at UH. They cannot take pay for their services (they haven't passed the bar) but I'm willing to bet that one or more would jump at the chance to help you with this - perhaps even one that is a fan of architecture (or, even, the site!). Don't be afraid of using a law student. These 'kids' are some of the best in the country - UH is highly ranked in IP law - and, as third year students, they'd have the basics to give you at least obvious legal advice. All you really need is a simple 'yay or nay' on whether the patent applies to you. I don't know him personally (I lost track of most of my law faculty contacts some time ago) but Paul Janicke is the director of the IP program at UH. He may be able to help you himself or recommend a top student who can assist pro bono. His profile can be found here: http://www.law.uh.ed...main.asp?PID=19.

There may be other resources available to you for little to no money. I understand that your budget is tight or non-existent, but you can at least try to use the resources I've listed above. You never know what could come of it...

Edit: If HAIF is registered as a for-profit, you may wish to contact the UH Small Business Development Center. I'm not actually sure if they provide legal advice, but it can't really hurt to try. Also - in the same vein - you may be eligible to use the North Texas SBDC's pro bono service (listed below the HBA listing on the ABA page linked above). They're located in Dallas, but they may still be able to help you over the phone. Just don't tell them what we all know... that Houston has the better skyline. tongue.gif

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