Re: [Flashcoders] Software Patent Question
Thanks, for the opinions. I have to agree with Charles on this - the patent is bunk. I just wanted to hear it from someone else. Makes me want to make an open-source makeover engine. It might be something to do in all my free-time. Heh Dave - Head Developer http://www.blurredistinction.com Adobe Community Expert http://www.adobe.com/communities/experts/ ___ Flashcoders mailing list Flashcoders@chattyfig.figleaf.com http://chattyfig.figleaf.com/mailman/listinfo/flashcoders
RE: [Flashcoders] Software Patent Question
That's not a bad idea, provided that you have patent/copyright lawyers who will also handle your case pro-bono in their free time! ;p -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Dave Mennenoh Sent: Friday, January 04, 2008 1:41 PM To: Flash Coders List Subject: Re: [Flashcoders] Software Patent Question Thanks, for the opinions. I have to agree with Charles on this - the patent is bunk. I just wanted to hear it from someone else. Makes me want to make an open-source makeover engine. It might be something to do in all my free-time. Heh ___ Flashcoders mailing list Flashcoders@chattyfig.figleaf.com http://chattyfig.figleaf.com/mailman/listinfo/flashcoders
Re: [Flashcoders] Software Patent Question
Hi Dave, I have to wonder -- if you just wanted confirmation of your gut feeling, why did you write to a technical forum? Sorry, but it annoys me to have taken the time to provide objective information when all the poster wants is validation for a gut response. If your concern is truly to avoid legal liability, you should ignore your feeling of being pissed off and seek legally accurate information. From the US Patent and Trademark Office website (http://www.uspto.gov/go/pac/doc/general/#patenthttp://www.uspto.gov/go/pac/doc/general/#patent) : There are three types of patents: 1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; Obviously, more information is needed to establish whether the process in question qualifies for a patent, but just because it's a process (not a tangible product) does not disqualify it. Can we still be friends? Marc At 10:41 AM 1/4/2008, you wrote: Thanks, for the opinions. I have to agree with Charles on this - the patent is bunk. I just wanted to hear it from someone else. Makes me want to make an open-source makeover engine. It might be something to do in all my free-time. Heh Dave - Head Developer http://www.blurredistinction.com Adobe Community Expert http://www.adobe.com/communities/experts/ ___ Flashcoders mailing list Flashcoders@chattyfig.figleaf.com http://chattyfig.figleaf.com/mailman/listinfo/flashcoders
[Flashcoders] Software Patent Question
Question - as a software developer, are we free to create anything we want if we use our own, from scratch, code? For instance, we created a Flash based Virtual Makeover application a couple years back. We may make a new one for a new client but our old client has issue. Evidently they invented this makeover system, and even have a patent: http://tinyurl.com/2yxj8v But there are other examples of such systems. Maybe they're not identical, but the good ones work much the same. To me, it's utterly ridiculos that I could be stopped from writing any kind of software. I could make a Riven clone called Raven if I wanted, couldn't I? Anyone have any input? Dave - Head Developer http://www.blurredistinction.com Adobe Community Expert http://www.adobe.com/communities/experts/ ___ Flashcoders mailing list Flashcoders@chattyfig.figleaf.com http://chattyfig.figleaf.com/mailman/listinfo/flashcoders
Re: [Flashcoders] Software Patent Question
Hi Dave, There are various ways of looking at this. Although it may seem ridiculous that you can't develop any technology you wish, the flip side is that many inventions would never be produced if, after years of hard work, the inventor's creations could be easily copied and exploited by others. Patent laws are supposed to allow the inventor to reap the profits of his or her work for a certain number of years. If you use someone's patented idea, even without being aware you're doing so, then you're violating their patent right and they can legally come after you. Whether you're using someone else's idea might be pretty obvious or it might be a very subtle issue, which is why patent litigation can take years to resolve. Whether they come after you will probably depend on how aggressive they are in enforcing their rights, how clear or vague the violation is, and how deep your pockets are (why sue someone who's broke?). [Disclaimer: I am not a lawyer and the above is a lay interpretation of information I have gleaned from lawyers and other sources.] Best wishes, Marc At 01:25 PM 1/2/2008, you wrote: Question - as a software developer, are we free to create anything we want if we use our own, from scratch, code? For instance, we created a Flash based Virtual Makeover application a couple years back. We may make a new one for a new client but our old client has issue. Evidently they invented this makeover system, and even have a patent: http://tinyurl.com/2yxj8v But there are other examples of such systems. Maybe they're not identical, but the good ones work much the same. To me, it's utterly ridiculos that I could be stopped from writing any kind of software. I could make a Riven clone called Raven if I wanted, couldn't I? Anyone have any input? Dave - Head Developer http://www.blurredistinction.com Adobe Community Expert http://www.adobe.com/communities/experts/ ___ Flashcoders mailing list Flashcoders@chattyfig.figleaf.com http://chattyfig.figleaf.com/mailman/listinfo/flashcoders
Re: [Flashcoders] Software Patent Question
First off, I am by far not the person to answer this question. That patent is bunk in my book. There is NO invention as far as I see. All I see is process not IP. I would expect that patent to get dropped once reviewed because it is a next logical step process. Crap like that makes me sick and really shows what the patent system has become. With all that said, if your process is different, then there is absolutely no conflict. Charles P. On Jan 2, 2008 4:25 PM, Dave Mennenoh [EMAIL PROTECTED] wrote: Question - as a software developer, are we free to create anything we want if we use our own, from scratch, code? For instance, we created a Flash based Virtual Makeover application a couple years back. We may make a new one for a new client but our old client has issue. Evidently they invented this makeover system, and even have a patent: http://tinyurl.com/2yxj8v But there are other examples of such systems. Maybe they're not identical, but the good ones work much the same. To me, it's utterly ridiculos that I could be stopped from writing any kind of software. I could make a Riven clone called Raven if I wanted, couldn't I? Anyone have any input? Dave - Head Developer http://www.blurredistinction.com Adobe Community Expert http://www.adobe.com/communities/experts/ ___ Flashcoders mailing list Flashcoders@chattyfig.figleaf.com http://chattyfig.figleaf.com/mailman/listinfo/flashcoders ___ Flashcoders mailing list Flashcoders@chattyfig.figleaf.com http://chattyfig.figleaf.com/mailman/listinfo/flashcoders
Re: [Flashcoders] Software Patent Question
Dave, you should check your agreement with your previous client. Many boilerplate contracts include a clause addressing patents that you may be subject to. - Allan Allan Evans[EMAIL PROTECTED] Multimedia Production and Programming Back in Chicago. Really. No matter where you go, there you are. - BB On Jan 2, 2008, at 3:25 PM, Dave Mennenoh wrote: Question - as a software developer, are we free to create anything we want if we use our own, from scratch, code? For instance, we created a Flash based Virtual Makeover application a couple years back. We may make a new one for a new client but our old client has issue. Evidently they invented this makeover system, and even have a patent: http://tinyurl.com/2yxj8v But there are other examples of such systems. Maybe they're not identical, but the good ones work much the same. To me, it's utterly ridiculos that I could be stopped from writing any kind of software. I could make a Riven clone called Raven if I wanted, couldn't I? Anyone have any input? ___ Flashcoders mailing list Flashcoders@chattyfig.figleaf.com http://chattyfig.figleaf.com/mailman/listinfo/flashcoders
