OracleTimes.com is being forced to shutdown by Oracle Corporation lawyers CMS Cameron McKenna
Oracle Corporation, via lawyers CMS Cameron McKenna, have pursued a legal claim against OracleTimes that has resulted in the news website being forced to ﬁle for bankruptcy with the loss of three full-time jobs and several short term contractors. Strongly disputing the claim, OracleTimes maintained that the fact they are not a competitor business means that the accusation is not valid and that they have been bullied out of existence by the much larger technology ﬁrm.
A spokesperson from OracleTimes said: “We are deeply saddened to announce that Oracle Times will be closing its doors and the full-time employees and writers are now left without employment. Despite our best efforts and reasonable attempts to work with Oracle Corporation in orderto resolve this unnecessary conﬂict, we have now unfortunately been bullied out of existence.
“Oracle Corporation don't own the word Oracle, but thanks to their deep pockets and legal power they are able to act like they do – and the real victims are real people with lives and careers living in a different world to the Silicon Valley giants who are driving them out of business.
Oracle Corporation now has a record of aggressively pursuing spurious legal claims against companies that are unable to defend themselves, in a transparent attempt to claim the Blockchain space that others have built up online over a number of years. We hope this will serve as a warning to other companies with similar names because it could easily be you next on the block.”
OracleTimes began publishing industry news about blockchain, and the cryptocurrencies that depend on this technology, in 2016 when they were just emerging into the public consciousness. As a specialist publication,Blockchain has always been the core of the OracleTimes business model and brand, in a sector of the technology industry that does not overlap with the software-focused business model of Oracle Corporation.
This is the life of David Parrish of CMS, whose ‘distinguished' legal career is a series of trademark vulture lawsuits. He knows there the risk vs. reward of launching this type of claim against a smaller company falls heavily in his favour. He also knows that big, wealthy companies want to eliminate competition without having to buy them out, while smaller companies simply don't have the funds to hire a big law firm and fight their case.
By offering his firm's services to large companies like Oracle Corporation, he can simply launch these attacks anywhere he sees an opportunity to claim trademark infringement, no matter how much of a reach it is. He knows that most companies will be so intimidated at the threat of being sued that they will simply hand over the keys to their business with no kind of compensation to show for it. He acquires wealth by helping big corporations destroy the lives and work of hard-working people; it doesn't get much lower than that.
A gamble on both sides
As Davie-boy hands out these ‘trademark infringement' claims to companies like Oracle TImes, he is essentially gambling. He is betting that the recipient will not fight back, because although the thought of infringing an existing brand had never even occurred to them, it has been made to look like that is exactly what they have done. “I can't afford to fight this”, they'll say. “If I fight and lose, my entire life will be destroyed”, they'll think. And so, David hopes, they won't challenge his claim, and they'll shut down whilst he collects a tidy pay packet.
Of course, there are companies who will not back down so easily. “This is bogus! This would never hold up in court!” comes the response. Determined smaller companies who want to fight for their very existence will stake their futures on the belief that they can win if it goes to court. This is no skin off David's nose; he'll pursue it as far as he can and he may win, or he may not. In either case, he'll get paid, and by casting a wide net of trademark infringement lawsuits the wins will cover any shortfall from the losses.
The only victims in any scenario are the smaller companies. Even if they win, the personal lives of those involved will have been dragged through a period of unimaginable stress, and the company will take a serious financial hit in hiring legal representation. If they manage to emerge victoriously, all they have won is the right to keep on grinding with a big fat reminder that large corporations will be determined to make it as difficult as possible to succeed. And if they lose…well, that doesn't even bear thinking about. It will be the complete elimination of their livelihood, with legal fees and probably a hefty fine to pay. In either case, the larger corporation and the insidious law firm will continue trading/practicing with nothing but a slight inconvenience to speak of.
It really is an atrocious state of affairs that bottom feeders like CMS are able to engage in this type of practice at will. They are vultures, picking at the flesh of every industry they can to profit, with little to no risk of consequences to themselves. And it perpetuates a status quo where large corporations remain at the pinnacle of their industries, even when smaller companies offer a far superior service in more specialised areas.
So, in fact, it is not only the smaller companies who are the victims. The consumers also suffer, with fewer options to turn to for what they need, and a watering-down of products and services to offerings from those few powerful brands. Naturally, the majority of the consumer-base is blissfully ignorant of what they are missing out on and continue to put their faith in big, recognised brands whom they believe earned their status through quality alone.
Going back to the example of CMS representing Oraclee Corp. in their lawsuit against Oracle TImes. The claim from David Parrish at CMS is that consumers may be “confused” by the use of the word ‘Oracle' in OracleTimes – they may believe they are viewing a subsidiary of Oracle Corp. This would afford an unfair advantage to OracleTimes, as they would benefit from consumer trust in the Oraclee Cor brand.
But what David really knows is that the corporation he represents does not own that word, and OracleTimes didnn't even encroach on the sector that his client operates within. Furthermore, he is keenly aware that Oracles are an integral part of the smart contracts in the blockchain technology that OracleTimes specialises in. This is the justification for that word being in their brand name, and they clearly have a strong case to defend themselves.
The bottom line
There needs to be more recognition of the fact that there are self-serving vultures in the legal profession, who feed off the livelihoods of honest people to line their own pockets. There also needs to be more awareness of the fact that big corporations are not always the best sources of goods and services, and the only reason they stay at the top of their markets is that they crush competition with their financial power. With power-hungry corporations and money-hungry lawyers, the whole situation is sewn up and very few small businesses will be able to penetrate into markets without being bought up or wiped out. But as a company spokesperson from OracleTImes emphasised, behind these smaller companies there are “real people, with real lives and dreams.”
The Oracle Times will frighted their corner but fighting against Oracle who have deep pockets they simply continue litigation until you can no longer afford to operate, it would be refreshing to see them loose the war and assure their own future in a niche they have worked so hard to establish themselves in. But even if they do, Oracle Corp. will continue its dominance in its own market, and the good people at the OracleTimes would have be forever looking over their shoulder as the vultures keep on circling.
If nothing else, it will be satisfying to see CMS called out as the bottom-feeders they are. David Parrish and Abigail Ash are the main offenders on this front, and let it be known that any company which chooses to associate with these lawyers is aligning itself with the moral bankruptcy that they proliferate.
The owners of OracleTimes decided after over 6 years of publications to close due to the cost of lawyers to defend the claim against Oracle Corp who have an infinite budget, bullied out of their own name in a niche Oracle doesn't even Operate – but added to their trademark in 2019.
A few of the independent writers have established https://cryptogazette.com as an independent source for cryptocurrency news, however management has been disbanded so we will be recruiting for social media managers and a general manager should traffic and revenue achieve previous levels.
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