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News: Channel Intelligence is pulling an SCO...

  1. Channel Intelligence is a company who's started to sue people who fit two criteria: shallow pockets and an application that stores lists of some sort in a database, based on patent infringement.. They're not suing companies like Amazon, of course, because Amazon has the money to defend itself. Can you say "SCO?" People being sued include Geert Bevin ("Request for help : first time I have to deal with a patent infringement complaint") and a host of others (TechCrunch: "Channel Intelligence Sues Just About Everyone Who Offers Wishlists"). We didn't stand idly by (much) when SCO tried to do this to Linux; we shouldn't stand by as another company follows SCO's rather stupid example. [Peter Varhol note: Patent trolls are a particularly insidious curse against individual developers who don't have the means to defend themselves. Geert is going to end up paying $1K to a lawyer who will tell him to play it safe and take his site down. And without professional help from the community, that's the best outcome he can expect.]

    Threaded Messages (25)

  2. I am not a lawyer and I have not completely read (and fully understand) the relevant patent, but: 1. Patents for ideas are one of the most stupid things I ever seen 2. The specific patent can be applied to every system that stores something in a database, as the title says: Method and apparatus for creation and maintenance of database. Well, what to say, glad to live in Europe. Guido
  3. I am not a lawyer and I have not completely read (and fully understand) the relevant patent, but:
    1. Patents for ideas are one of the most stupid things I ever seen
    2. The specific patent can be applied to every system that stores something in a database, as the title says: Method and apparatus for creation and maintenance of database.

    Well, what to say, glad to live in Europe.

    Guido
    Note that Geert lives in Europe... and is being sued in Delaware.
  4. I am not a lawyer and I have not completely read (and fully understand) the relevant patent, but:
    1. Patents for ideas are one of the most stupid things I ever seen
    2. The specific patent can be applied to every system that stores something in a database, as the title says: Method and apparatus for creation and maintenance of database.

    Well, what to say, glad to live in Europe.

    Guido
    Note that Geert lives in Europe... and is being sued in Delaware.
    Yes, I read the story. What I mean is that in EU is it impossible to register patents for ideas. Just like registering a patent for "method and apparatus for fast moving across countries" with the description of a car. Really crazy. Guido
  5. Sorry, I misunderstood. I agree - patents like this are simply ridiculous.
  6. Well, the EU parliament has more then once attempted at modifying the current patent laws to introduce this kind. However, I believe our American friends should say thanks to their morally-corrupt and corporate-driven legislation. They are fighting each other with a law that was supposed to protect their ideas from being copied from outside the US. :)
  7. I am not a lawyer and I have not completely read (and fully understand) the relevant patent, but:
    1. Patents for ideas are one of the most stupid things I ever seen
    2. The specific patent can be applied to every system that stores something in a database, as the title says: Method and apparatus for creation and maintenance of database.

    Well, what to say, glad to live in Europe.

    Guido
    Note that Geert lives in Europe... and is being sued in Delaware.
    Not a lawyer, but: If he lives in Europe and is being sued in Delaware, I'd tell the plaintiff to go stuff their lawsuit where the sun don't shine, because as far as I am concerned, Delaware courts have no jurisdiction in any European country, unless the courts of that particular European country gives a ruling otherwise.
  8. If he's not american, this is a complete waste of time. Even if they get to the EU, they cannot sue for a software-only patent that does not imply a mechanical process and has not even been registered in the EU, which is probably the case. If they sue in a EU court, I would get professional advice. Depending on the type, you can get full refund and a bit more by counter suing - but you better be sure about that before starting. IANAL, but have seen a lot.
  9. thanks for letting me know. i already own the patent on suing people for idea patent infringment and i nearly missed this one! ;)
  10. thanks for letting me know. i already own the patent on suing people for idea patent infringment and i nearly missed this one!

    ;)
    I normally don't post, but that is a classic!
  11. I am not a lawyer or expert on patents (I doubt any of us are here) but my understanding is that original source of all this mess was that it's long been possible to patent a process. That is, you could patent an series of steps (algorithm) to solve some business problem. The real problem, in my perspective, is that the patent office is not doing it's job in evaluating whether the patent applications have merit or not. I think that if someone were willing to go the distance, a lot of these patents would be invalidated as non-novel or prior art. The problem is that it takes a lot of money to fight a bogus patent. That means that anyone holding these patents can use them to extract money from small companies even when everyone involved knows the patent is bogus. Just make the cost of paying off the patent holder less than the cost of fighting it and profit. Try this on big companies who have lawyers on retainer and you might lose your golden egg laying goose. It's obvious to me that this is not novel. Why don't the patent clerks see that?
  12. Just to be pedantic...[ Go to top ]

    SCO sued IBM, the company that put the word "Deep" in to "Deep Pockets", they weren't going after the Mom and Pop Drive-Ins running a Linux based Point of Sale system. And, while I'm picking nits here, this has what, precisely, to do with Enterprise Java Computing? Just curious.
  13. A /. response[ Go to top ]

    Yeah, what's wrong with this new guy? We didn't have these kinds of irrelevant posts when Joe was running this site. Oh wait ...
  14. Re: A /. response[ Go to top ]

    Yeah, what's wrong with this new guy? We didn't have these kinds of irrelevant posts when Joe was running this site. Oh wait ...
    It's pretty relevant to me.
  15. Re: A /. response[ Go to top ]

    He's making a joke here; Joe posted this :)
  16. Irrelevant? Nonsense.[ Go to top ]

    Yeah, what's wrong with this new guy? We didn't have these kinds of irrelevant posts when Joe was running this site. Oh wait ...
    Reminds me of a rather old cliche: "First they came for the blacks; I'm not black, so I stood by. "Then they came for the Jews; but I'm not Jewish, so I stood by. "Then they came for the homosexuals, but I'm not homosexual; so I stood by. "Then they came for me." It's not irrelevant, because you need to know about this stuff, because it can happen to you.
  17. Not a cliche[ Go to top ]

    It's not a cliche, it's a poem by Pastor Martin Niemöller. It goes: When the Nazis came for the communists, I remained silent; I was not a communist. When they locked up the social democrats, I remained silent; I was not a social democrat. When they came for the trade unionists, I did not speak out; I was not a trade unionist. When they came for the Jews, I remained silent; I wasn't a Jew. When they came for me, there was no one left to speak out. No blacks and no homosexuals but I think your point is right and the poem speaks for itself.
  18. It was a joke, not an opinion about the post. I was responding to someone who thought the post was irrelevant. I gave one of the standard /. responses. Lighten up guys.
  19. Re: A /. response[ Go to top ]

    Yeah, what's wrong with this new guy? We didn't have these kinds of irrelevant posts when Joe was running this site. Oh wait ...
    QQ moar
  20. Re: A /. response[ Go to top ]

    Yeah, what's wrong with this new guy? We didn't have these kinds of irrelevant posts when Joe was running this site. Oh wait ...
    Excuse me!!! Do have have any clue as to what is going on here? RIFE is enterprise software and it points out a huge problem. Any of you could be creating the next lawsuit for yourself right now. Go read the patent and then tell me that this isn't enterprise related. Cheers, Kirk
  21. Updates on the situation[ Go to top ]

    Hi everyone, thanks a lot for the comments here. I have some updates on the situation here: http://rifers.org/blogs/gbevin/channel_intelligence_vs_uwyn Basically, it seems that in Europe they might have jumped the gun as the patent seems to still be under examination. Thanks for any help or support you can provide us with. Best regards, Geert
  22. Re: A /. response[ Go to top ]

    Excuse me!!! Do have have any clue as to what is going on here?
    Excuse me!!! Can't you recognize a joke or do you just fly off the handle without a thought or a clue? I was mocking the post and slashdot. At least at slashdot some people tolerate attempts at humor.
  23. Re: Just to be pedantic...[ Go to top ]

    SCO sued IBM, the company that put the word "Deep" in to "Deep Pockets", they weren't going after the Mom and Pop Drive-Ins running a Linux based Point of Sale system.
    Wait, didn't SCO first start sending threatening letters around asking for protection money or something?
  24. The fundamental problem here is that whether brought up by distraught competitor or by sleazy legal operation this type of scheme has one overriding principal: it is cheaper to settle than to litigate. And so it's been working for decades.... That's it. Thousands of start-ups in US are being sued every year by former employers or scared competitors trying to put upstart businesses out of business or slow them down. We've been through the same situation. Former employer got so scared that they brought up a 100% made up claim trying to scare us out of business. We had a solid legal team on our side and we were clearly told by our lawyers "pay now $XX to settle, or pay $XXXX later after you win the case in court". Guess what we chose.... The overall situation is quite ridiculous but you can't get around it, at least in US. Nikita Ivanov. GridGain Systems. GridGain - Grid Computing Made Simple
  25. If you think this one is bad check out Juxtacomm - a canadian company that has sued the Who's who of the integration business - IBM, Microsoft, Software AG, Fiorano, Sybase, WebMethods etc. You can read more about that at it.toolbox - http://it.toolbox.com/blogs/infosphere/2009-trial-date-set-juxtacomm-and-teilhard-versus-ibm-microsoft-informatica-sap-etc-22131 As the author of that article states - " The type of blindingly obvious patent that makes the US patent system look silly and lets minor and obscure companies sue dozens of very large vendors leaching millions of dollars and a big fat waste of court time." This type of law suit brings up serious questions not only about our patent system but also the concept of Attorneys becoming oppourtunists and venture funding law suits in which they "hope" to make billions of dollars - in the end this type of behaviour is the one responsible for corporate America wasting enormous amounts of time and money while the rest of the world grabs the jobs and the business. Check out the Juxtacomm web site (http://www.juxtacomm.com/) - its a joke - the only "testimonial" they have is for providing "guidance in an IT project" to some obscure Transport department of Canada" - so what did they do with their so called patent for 11 long years ! Not even come with a product - what a shame ! So now they wait for other American companies to do the selling while they parasite off them. Disgusting frankly !
  26. Channel Intelligence is a company who's started to sue people who fit two criteria:
    Isn't this suppose to be "Channel Intelligence is a company THAT'S started to sue people who fit two criteria:" ?