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	<title>Comments on: Today in Patent Trolls: Vuestar</title>
	<atom:link href="http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/</link>
	<description>Gadgets, gear and computer hardware.</description>
	<lastBuildDate>Fri, 04 Dec 2009 16:52:22 -0500</lastBuildDate>
	
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		<title>By: Bob Trower</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-742173</link>
		<dc:creator>Bob Trower</dc:creator>
		<pubDate>Sat, 21 Jun 2008 04:33:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-742173</guid>
		<description>Wow. I just came here because I was searching for another of my &#039;IP&#039; rants. Why? I just got a letter to my company from a lawyer who is dangerously near the &#039;IP Troll Line&#039;. He is not quite thee (yet), but it got me looking for ammo. 

Meantime, a comment like mine usually attracts flame. I am surprised it did not. 

Finally, the thing that moved me to comment was this: 

Re: &quot;I will charge you 50% more than anyone tries to charge me. Sen me an invoice at your peri&quot; (sic)

Now that is &#039;clever&#039;. Seriously, I encourage people to follow that &#039;outside the box&#039; line of thought. There almost certainly is a way to bind those jerks up in their own red tape until they cry &#039;uncle&#039;.</description>
		<content:encoded><![CDATA[<p>Wow. I just came here because I was searching for another of my &#8216;IP&#8217; rants. Why? I just got a letter to my company from a lawyer who is dangerously near the &#8216;IP Troll Line&#8217;. He is not quite thee (yet), but it got me looking for ammo. </p>
<p>Meantime, a comment like mine usually attracts flame. I am surprised it did not. </p>
<p>Finally, the thing that moved me to comment was this: </p>
<p>Re: &#8220;I will charge you 50% more than anyone tries to charge me. Sen me an invoice at your peri&#8221; (sic)</p>
<p>Now that is &#8216;clever&#8217;. Seriously, I encourage people to follow that &#8216;outside the box&#8217; line of thought. There almost certainly is a way to bind those jerks up in their own red tape until they cry &#8216;uncle&#8217;.</p>
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		<title>By: enigmajade</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-720486</link>
		<dc:creator>enigmajade</dc:creator>
		<pubDate>Mon, 02 Jun 2008 23:57:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-720486</guid>
		<description>Riiiiiight.  I wonder if Vuestar has the financial backing to take the owner of every website/blog/person with internet access to court.  Seriously, what the hell are these people thinking?

Next thing you know, they&#039;ll be claiming that they, and not Al Gore, invented the internet.  ::eyeroll::</description>
		<content:encoded><![CDATA[<p>Riiiiiight.  I wonder if Vuestar has the financial backing to take the owner of every website/blog/person with internet access to court.  Seriously, what the hell are these people thinking?</p>
<p>Next thing you know, they&#8217;ll be claiming that they, and not Al Gore, invented the internet.  ::eyeroll::</p>
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		<title>By: Wizardling</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-718661</link>
		<dc:creator>Wizardling</dc:creator>
		<pubDate>Sun, 01 Jun 2008 16:47:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-718661</guid>
		<description>I just wiped my real life letter to them over my arse and sent them an email advising of this in advance, with... yes, you guessed it ;-) ...an image on me doing this that links to their website :-)

I encourage everyone else to follow suit.</description>
		<content:encoded><![CDATA[<p>I just wiped my real life letter to them over my arse and sent them an email advising of this in advance, with&#8230; yes, you guessed it ;-) &#8230;an image on me doing this that links to their website :-)</p>
<p>I encourage everyone else to follow suit.</p>
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		<title>By: AJ Milne</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-717382</link>
		<dc:creator>AJ Milne</dc:creator>
		<pubDate>Sat, 31 May 2008 15:25:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-717382</guid>
		<description>Vuestar is infringing *my* patent...

(I patented patent trolling in 2004.)</description>
		<content:encoded><![CDATA[<p>Vuestar is infringing *my* patent&#8230;</p>
<p>(I patented patent trolling in 2004.)</p>
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		<title>By: zhanzhao</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-715903</link>
		<dc:creator>zhanzhao</dc:creator>
		<pubDate>Fri, 30 May 2008 08:25:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-715903</guid>
		<description>Why blame Singapore? According to reports, this Mr Paul Smith is an AUSTRALIAN who just happened to st up shop in Singapore. In fact, when he started sending out those invoices, he sent them out to all the Singapore companies first..... making them the first victims of this Australian Shylock.....</description>
		<content:encoded><![CDATA[<p>Why blame Singapore? According to reports, this Mr Paul Smith is an AUSTRALIAN who just happened to st up shop in Singapore. In fact, when he started sending out those invoices, he sent them out to all the Singapore companies first&#8230;.. making them the first victims of this Australian Shylock&#8230;..</p>
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		<title>By: Opportunity Knocks</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-715629</link>
		<dc:creator>Opportunity Knocks</dc:creator>
		<pubDate>Fri, 30 May 2008 02:18:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-715629</guid>
		<description>Of course there is always an opportunity here! 
Why not include on any website using images/graphics etc to link from with a legal notice along the lines that there is a charge the owner reserves the right to levy on any person or organisation viewing the site and seeking to gain comercial advantage as a result. Rates are those as charged by the organisation seeking to gain such commercial advantage plus a 50% surcharge for administration. Issuance of an invoice to me constitutes acceptance of these conditions and charges.
(ie I will charge you 50% more than anyone tries to charge me. Sen me an invoice at your peril!!)</description>
		<content:encoded><![CDATA[<p>Of course there is always an opportunity here!<br />
Why not include on any website using images/graphics etc to link from with a legal notice along the lines that there is a charge the owner reserves the right to levy on any person or organisation viewing the site and seeking to gain comercial advantage as a result. Rates are those as charged by the organisation seeking to gain such commercial advantage plus a 50% surcharge for administration. Issuance of an invoice to me constitutes acceptance of these conditions and charges.<br />
(ie I will charge you 50% more than anyone tries to charge me. Sen me an invoice at your peril!!)</p>
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		<title>By: Bob Trower</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-715588</link>
		<dc:creator>Bob Trower</dc:creator>
		<pubDate>Fri, 30 May 2008 01:21:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-715588</guid>
		<description>Well, I heard about that a day or two ago and I just sat right down and wrote them a letter: 

http://www.usemod.com/cgi-bin/mb.pl?PriorArtInvalidPatentsAndMailFraud

*I* invented that type of thing in the 1970s and put a production system in to use with it in around 1988. 

That thing is *SO OBVIOUS* that none of the possibly thousand or even tens of thousands of people who came up with it even thought to pursue a patent. It is so trivial, I am hard-pressed to come up with an example. It is like patenting &#039;contrast&#039; between letters and their backgrounds. It is dumber than dumb. It passes no sniff test at all. A patent is not valid on something that any reasonably competent professional would come up with in the course of the ordinary practice of their skill. I am a smart guy, but I ain&#039;t all that smart and even if I was, that is hardly the cleverest thing I ever did. It is WAY, WAY not &#039;inventive&#039;. 

Even if it was inventive, myself, my coworkers and companies involved like IBM all did more than just come up with the idea. We made it manifest in a very large working pilot and ultimately a production system. If they did not do enough due diligence to see if they actually had &#039;invented&#039; anything, then that is their problem. 

Contrary to what most think, I oppose even addressing them on the grounds above, most of the time. Even if the patent was somehow found to be technically valid, it is wrongful to allow it to stand. Allowing such a patent to be used defeats the original purpose of the patent system in the first place. 

I wrote the following polemic, in response to other IP &#039;trolling&#039;, wherein I state my belief we should simply revoke patent and copyright grants entirely. They no longer serve the purpose for which they were intended, and are now simply a net negative drag on the affairs of ordinary men and women. 

http://www.emacswiki.org/cgi-bin/wiki/BobTrower

I urge people to stand a long way back from these debates and ask for a moment why we are even having the discussion. It is outrageous that parasites like these are allowed to waste the time of people actually producing things of value. I will now go back to the daily &#039;invention&#039; of trivial things like the subject of that patent while I actually create things that *are* inventive.</description>
		<content:encoded><![CDATA[<p>Well, I heard about that a day or two ago and I just sat right down and wrote them a letter: </p>
<p><a href="http://www.usemod.com/cgi-bin/mb.pl?PriorArtInvalidPatentsAndMailFraud" rel="nofollow">http://www.usemod.com/cgi-bin/mb.pl?PriorArtInvalidPatentsAndMailFraud</a></p>
<p>*I* invented that type of thing in the 1970s and put a production system in to use with it in around 1988. </p>
<p>That thing is *SO OBVIOUS* that none of the possibly thousand or even tens of thousands of people who came up with it even thought to pursue a patent. It is so trivial, I am hard-pressed to come up with an example. It is like patenting &#8216;contrast&#8217; between letters and their backgrounds. It is dumber than dumb. It passes no sniff test at all. A patent is not valid on something that any reasonably competent professional would come up with in the course of the ordinary practice of their skill. I am a smart guy, but I ain&#8217;t all that smart and even if I was, that is hardly the cleverest thing I ever did. It is WAY, WAY not &#8216;inventive&#8217;. </p>
<p>Even if it was inventive, myself, my coworkers and companies involved like IBM all did more than just come up with the idea. We made it manifest in a very large working pilot and ultimately a production system. If they did not do enough due diligence to see if they actually had &#8216;invented&#8217; anything, then that is their problem. </p>
<p>Contrary to what most think, I oppose even addressing them on the grounds above, most of the time. Even if the patent was somehow found to be technically valid, it is wrongful to allow it to stand. Allowing such a patent to be used defeats the original purpose of the patent system in the first place. </p>
<p>I wrote the following polemic, in response to other IP &#8216;trolling&#8217;, wherein I state my belief we should simply revoke patent and copyright grants entirely. They no longer serve the purpose for which they were intended, and are now simply a net negative drag on the affairs of ordinary men and women. </p>
<p><a href="http://www.emacswiki.org/cgi-bin/wiki/BobTrower" rel="nofollow">http://www.emacswiki.org/cgi-bin/wiki/BobTrower</a></p>
<p>I urge people to stand a long way back from these debates and ask for a moment why we are even having the discussion. It is outrageous that parasites like these are allowed to waste the time of people actually producing things of value. I will now go back to the daily &#8216;invention&#8217; of trivial things like the subject of that patent while I actually create things that *are* inventive.</p>
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		<title>By: Deepa</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-715421</link>
		<dc:creator>Deepa</dc:creator>
		<pubDate>Thu, 29 May 2008 22:21:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-715421</guid>
		<description>I don&#039;t get it...
Does this basically mean that linking to webpages via images and banners is illegal (without consent)? If it is... what about the millions of blogs out there that DO have banner and image links? =/</description>
		<content:encoded><![CDATA[<p>I don&#8217;t get it&#8230;<br />
Does this basically mean that linking to webpages via images and banners is illegal (without consent)? If it is&#8230; what about the millions of blogs out there that DO have banner and image links? =/</p>
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		<title>By: Mark Ciotola</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-715284</link>
		<dc:creator>Mark Ciotola</dc:creator>
		<pubDate>Thu, 29 May 2008 19:51:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-715284</guid>
		<description>The problem is that issues patents have a presumption of validity. Some courts of law will give an issued patent great weight, even if the patent is likely to be eventually invalidated. This is why RIM had to pay over half a billion dollars in damages for infringing what many felt were clearly invalid patents.

Yet the primary claim of the patent is restrictive in some aspects.  For example, it requires &quot;the visual content comprises a plurality of mini-images in the form of a conveyor belt slide show.&quot; So it may be possible that some of the firms being invoices really are not even infringing the patent if there images are arranged in different manner.

I can&#039;t speak for foreign patent offices. However, the U.S. Patent and Trademark Office needs to create an environment where patent examiners can do their job of a more complete examination rather than how quickly they can approve applications. They need an environment where they feel that they can stay. The turn-over of examiners in the U.S. Patent and Trademark Office is a serious problem. Arguably, this problem needs to be fixed, sufficient access to prior art needs to be established for examiners, and all active software patents should ideally be re-examined.</description>
		<content:encoded><![CDATA[<p>The problem is that issues patents have a presumption of validity. Some courts of law will give an issued patent great weight, even if the patent is likely to be eventually invalidated. This is why RIM had to pay over half a billion dollars in damages for infringing what many felt were clearly invalid patents.</p>
<p>Yet the primary claim of the patent is restrictive in some aspects.  For example, it requires &#8220;the visual content comprises a plurality of mini-images in the form of a conveyor belt slide show.&#8221; So it may be possible that some of the firms being invoices really are not even infringing the patent if there images are arranged in different manner.</p>
<p>I can&#8217;t speak for foreign patent offices. However, the U.S. Patent and Trademark Office needs to create an environment where patent examiners can do their job of a more complete examination rather than how quickly they can approve applications. They need an environment where they feel that they can stay. The turn-over of examiners in the U.S. Patent and Trademark Office is a serious problem. Arguably, this problem needs to be fixed, sufficient access to prior art needs to be established for examiners, and all active software patents should ideally be re-examined.</p>
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		<title>By: forevercurious</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-715146</link>
		<dc:creator>forevercurious</dc:creator>
		<pubDate>Thu, 29 May 2008 17:56:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-715146</guid>
		<description>The Australian patent has &quot;ceased&quot;.. seems like a weak case. should be easy to revoke in SG. Let&#039;s see who got spare cash and time to revoke them....</description>
		<content:encoded><![CDATA[<p>The Australian patent has &#8220;ceased&#8221;.. seems like a weak case. should be easy to revoke in SG. Let&#8217;s see who got spare cash and time to revoke them&#8230;.</p>
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		<title>By: raceofgiants</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-715107</link>
		<dc:creator>raceofgiants</dc:creator>
		<pubDate>Thu, 29 May 2008 17:14:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-715107</guid>
		<description>Fuck Vuestar. And Fuck Singapore.</description>
		<content:encoded><![CDATA[<p>Fuck Vuestar. And Fuck Singapore.</p>
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		<title>By: Steve Holcombe</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-715054</link>
		<dc:creator>Steve Holcombe</dc:creator>
		<pubDate>Thu, 29 May 2008 15:54:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-715054</guid>
		<description>The issuance date is not the relevant date in terms of priority. I went to USPTO.GOV and found that the patent application began in Australia with a priority date of 3 Oct 2000 and was then filed in the US under PCT protocols on 3 Oct 2001. The priority date is 3 Oct 2000.</description>
		<content:encoded><![CDATA[<p>The issuance date is not the relevant date in terms of priority. I went to USPTO.GOV and found that the patent application began in Australia with a priority date of 3 Oct 2000 and was then filed in the US under PCT protocols on 3 Oct 2001. The priority date is 3 Oct 2000.</p>
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		<title>By: Homer Gaines</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-714929</link>
		<dc:creator>Homer Gaines</dc:creator>
		<pubDate>Thu, 29 May 2008 13:41:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-714929</guid>
		<description>OMG! This &quot;thing&quot; is still alive?  I saw this about 2 years ago.  I figured someone put the cabosh on it.</description>
		<content:encoded><![CDATA[<p>OMG! This &#8220;thing&#8221; is still alive?  I saw this about 2 years ago.  I figured someone put the cabosh on it.</p>
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		<title>By: Mark Scrimshire</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-714852</link>
		<dc:creator>Mark Scrimshire</dc:creator>
		<pubDate>Thu, 29 May 2008 12:09:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-714852</guid>
		<description>.. and they patented this in 2003? 

When did W3C define the image link? I thought it was before 2003....</description>
		<content:encoded><![CDATA[<p>.. and they patented this in 2003? </p>
<p>When did W3C define the image link? I thought it was before 2003&#8230;.</p>
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		<title>By: deralaand</title>
		<link>http://www.crunchgear.com/2008/05/29/today-in-patent-trolls-vuestar/comment-page-1/#comment-714827</link>
		<dc:creator>deralaand</dc:creator>
		<pubDate>Thu, 29 May 2008 11:42:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.crunchgear.com/?p=27117#comment-714827</guid>
		<description>Why would any sane person or group of persons even consider this to be something worth wasting time over?

Humans never cease to amaze me.</description>
		<content:encoded><![CDATA[<p>Why would any sane person or group of persons even consider this to be something worth wasting time over?</p>
<p>Humans never cease to amaze me.</p>
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