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by lostinpoetics 4608 days ago
My main concern with these bond requirement bills (of which there have been many, most notably the SHIELD act introduced by DeFazio and Chaffetz) is the creation of "super trolls" due to smaller trolls offloading assets since litigation would no longer be as profitable. Such a troll would easily be able to show "that it has and will have the ability to pay the accused infringer’s fees and other expenses if ordered to do so," and while the other factors may be considered, I can see this one being determinative. So you flush out a slew of smaller trolls and give somewhat of windfall to existing, larger trolls. Although this is all hypothetical and perhaps having a few "big" targets is easier to deal with in the long run.