118 replies to this topic

[maternalinstincts]

To me it sounds like a scam.
Sending out letters to small business owners, who can't afford a lawyer. It seems they are hoping that some sucker will be scared enough to actually agree to pay them for a so called "liscence".
If these patents were legit, and they had the legal ground they claim, then why not go after the big fish? My guess is it's because they know the big fish will fight them, and since these patents are about as stupid as patenting, let's say......the English language, they will not win.

Cathy

[Vger]

Why not move it to that Forum then? Or better still, delete it altogether. I note that the person who started all this off in this forum just happened to mention that he knows of another nice CMS system. What's the definition of a TROLL again?And I don't mean the type in Harry Potter books.

Vger

zzfritz, on Nov 10 2002, 01:12 AM, said:

Of course we should remain informed of extortionate patent infringement litigation such as this, and not bury our heads in the sand.  If the time comes that an osCommerce site is targeted by PanIP, we should all contribute to the defense and counter-claim for conspiracy to extort under the RICO laws.  Until then, however, it is not our problem and we waste energy worrying.
Monitor this controversy here, which has a mailing list:
http://www.youmaybenext.com/
BTW, this thread should be on the E-Commerce Laws forum:
http://forums.oscommerce.com/viewforum.php?f=8

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[justposting]

Patents in some senses are like trademarks. You have defend them vigorously from the get-go in order for them to be valid. You can't sit back and wait for the patented technlogy to become mainstream, and then start suing everyone. The patents will be revoked, as they have been in many cases.

An interesting case is with Amazon's 1-click checkout technology. They have a patent for it have defended it since they got it against every company that has tried to implement 1-click checkout. Had amazon sat back a few years and allowed every e-business to begin using 1-click technology and then tried to go after companies, probably they would have their patent revoked. But since they have defended it aggressively, it would not be wise for anyone to implement the technology.

There are stories all of the time about greedy companies thinking they will get a windfall by suing people for technology that has already become mainstream. Very rarely do they acheive their goals.

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When this country first started, one of my ancestors patented fork-to-mouth food consumption technology, a patent which I now own. So if you have ever eaten anything with a fork, you'd better get a lawyer! lol...

[boxtel]

justposting, on Jan 28 2005, 11:27 PM, said:

Patents in some senses are like trademarks. You have defend them vigorously from the get-go in order for them to be valid. You can't sit back and wait for the patented technlogy to become mainstream, and then start suing everyone. The patents will be revoked, as they have been in many cases.

An interesting case is with Amazon's 1-click checkout technology. They have a patent for it have defended it since they got it against every company that has tried to implement 1-click checkout. Had amazon sat back a few years and allowed every e-business to begin using 1-click technology and then tried to go after companies, probably they would have their patent revoked. But since they have defended it aggressively, it would not be wise for anyone to implement the technology.

There are stories all of the time about greedy companies thinking they will get a windfall by suing people for technology that has already become mainstream. Very rarely do they acheive their goals.

----------------
When this country first started, one of my ancestors patented fork-to-mouth food consumption technology, a patent which I now own. So if you have ever eaten anything with a fork, you'd better get a lawyer! lol...

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this is a waste of space.

[user99999999]

Wasted internet bandwidth and peoples time.

[jackal9220]

We've been hit by something like this too today...from Furnace Brook LLC under US Patent No. 5,721,832 entitled "Method and Apparatus for an Interactive Computerized Catalog System"...i'm not sure if its quite a lawsuit yet, but they do refer to $50,000 in licensing fees...anyone heard of someone else getting sued for this patent? any suggestions on what I should do? Thanks!

Edited by jackal9220, 07 February 2005, 23:40.

[cannuck1964]

Quote

any suggestions on what I should do? Thanks!

Ignore it, if they try to proceed any further with additional emails stating they will sue, that you will counter sue them for lost productivity and associated costs..

Peter M.

[Marvin Miller]

All I can say is that they can Byte me!

[Dadoody]

The US trade/patent office is full of morons.

[vinces]

This was first posted on in October of 2002. Obviously it isn't a real threat.

[broadsourcetech]

I have an idea, Lets all patent the process of doing business with individuals utilizing a cash register.

This type of extortion has to be stopped. This country is fortified by the small business market. Something of this nature could start a trend of large corporations litigating legitimate businesses for the most trivial of things.

My 2 cents........

Contact your senator, and or local state officials..... Anyone who will listen, we have to put an end to this now!

[erima]

I use an LCD screen which is entirely different than a video screen, the patent they are trying to enforce has been superseeded by superior technology. The lawsuit is taking up time and space on an already overworked legal system.

But for the sake of argument, lets suppose they declare all commerce that uses video screens an infringement, so no more atm's, no more e-commerce, no more electronic banking, no more online gaming, no more online transactions of any kind unless you pay a heavy royalty ... the economy goes into recession in 6 weeks, depression in 12 weeks and total chaos and anarchy break out by the end of summer ...

Or it gets laughed out of court ...

Worry about real problems!

xaraya, on Oct 31 2002, 05:14 AM, said:

If you own or operate an e-commerce web site then you need to know that a company in San Diego, Pangea Intellectual Properties (PANIP LLC) is suing companies all across the country. They claim that if you use graphical and textural information on a video screen for purposes of making a sale, then you are infringing on their patent. US Patent No 5,576,951.
And if you accept information to conduct automatic financial transactions via a telephone line & video screen, you're infringing on their patent. US Patent No. 6,289,319
http://www.informationweek.com/story/IWK20...20021020S0002/1
http://slashdot.org/articles/02/10/22/0152...1.shtml?tid=155
http://www.youmaybenext.com

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[mrm]

I'm glad that companies are doing this. This is the kind of exposure we need to convince average Americans that allowing companies to patent broad-sweeping ideas and code are hurtful and destructive to society.

If people look at this and say "that's stupid," then maybe they'll look on the likes of Microsoft and Apple and say the same thing one day.

[yelrad]

I Own A Small Buisness But Im Not Worried About This Because They Can't Sue A Minor I Dont Think Can They Im 15 Therefore I Can't BE Sued Right? They Can't Sue MY Parents Cuz They Have Np Hand In My Company.

I Have COntacted All My News Channels In Las VEgas I Hoping They Will Get The Word Out.

[bobg7]

yelrad, on Mar 9 2005, 02:04 AM, said:

I Own A Small Buisness But Im Not Worried About This Because They Can't Sue A Minor I Dont Think Can They Im 15 Therefore I Can't BE Sued Right? They Can't Sue MY Parents Cuz They Have Np Hand In My Company.

I Have COntacted All My News Channels In Las VEgas I Hoping They Will Get The Word Out.

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I never knew a 15 year old could own a buisness since legal documents have to be signed, taxes have to be paid, licenses have to be applied for, etc. Unless of course someone of legal age signed for you, then they would be on the pike.

But then I'm not a lawyer so I could be wrong.

[g33kg1rl]

bobg7, on Mar 9 2005, 08:31 AM, said:

I never knew a 15 year old could own a buisness since legal documents have to be signed, taxes have to be paid, licenses have to be applied for, etc. Unless of course someone of legal age signed for you, then they would be on the pike.

But then I'm not a lawyer so I could be wrong.

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Your right.
The age is 18 to own a company,until then Parents are the legal gardians. Who are responsible even legally for thier childrens fisical actions.

Generally, his parents should be filling taxes and any type of business that happens for him. Here is the labor laws for a 15 year old. Your parents may want to check this out.

http://www.dol.gov/asp/programs/guide/childlbr.htm

[yelrad]

"Youths age 14 and 15 may work outside school hours in various nonmanufacturing, nonmining, nonhazardous jobs under the following conditions: no more than three hours on a school day, 18 hours in a school week, eight hours on a non-school day, or 40 hours in a non-school week. In addition, they may not begin work before 7 a.m. nor work after 7 p.m., except from June 1 through Labor Day, when evening hours are extended until 9 p.m. Those enrolled in an approved Work Experience and Career Exploration Program (WECEP) may work up to 23 hours in school weeks and three hours on school days (including during school hours)."

YEa Right I Get Home 2pm And Work Til 9pm Each Day Thats 7 Hours a Day Or Around 35 Hours A Week Im NOt Gonna Listen To The Child Labor Law Because Im The One Who made the company therefore i can choose weather or not to disobey the law right? no one is forcing me to work i work for fun i make websites and edit videos so i really dont care about that law one little bit you wasted your time looking it up.

[ka0osk]

Ian-San, on Nov 9 2002, 08:15 PM, said:

Just out of interest I pointless add that British Telecommunications Research Labs at Adastral Park, Martlesham, actually invented and patented the hypertext link many years ago but when they recently went to court to see if they had any grounds to enforce the patent, they failed on the basis, I believe, that hypertext had become common usage so could not be the subject of a patent.

<{POST_SNAPBACK}>

Yup!

None of the suits has any merit. You can't get a VALID patent on something already in general use, just a paper one. The patent office issues paper, not privilege. Also, not acting in a timely manner is considered forfieture of patent rights. They are LONG past being able to sue for real - instant dismissal in 50 states. Some people are stupid enough to settle and thats what they are looking for.

KA0OSK Midwesttent.com

[tooron]

OK Guys and Ladies,

I just tried to get through the first page of this now 3 pages of post in the forum,
and got bored.

Sorry I am not a lawyer, just a osCommerce and any and all features possible I use to make money, including third party processors.

Maybe our dear mister Harald Ponce de Leon (osCommerce creator) is on page 2 or 3 with some reply,
but I do not understand nothing in this "legal shit" as a non-english located country what is going on here.
YES, Some new USA law suite, what else is new.

I will be doing my business and making money with the GREAT and FREE osCommerce and if ever Harald Ponce de Leon needs our help or financial support I only ask that we stand besides him when he askes.

Fair or not,

Eangkarn

[Figster]

Notice: I have now filed a patent on the wheel--- I may now sue every man woman child and company on the planet for lost royalties. I further intend to file a patent for fire. So, to avoid me suing you, just send me 1.00 and I will remove you from my planetary list of unlawfull users of my patents. If you elect to not send me money, then you must stop using any type of wheel or fire.


That would be my opening statement to the judge.