[ic] Maybe we can help?

Michael Goldfarb interchange-users@icdevgroup.org
Tue Oct 22 10:47:00 2002


I know that this is a bit off-topic for this board, but the issue with
companies enforcing their patents on standard e-commerce functionality
has potential to affect us all.

If you are not familiar with this issue, one string from this board
starts here:
http://www.icdevgroup.org/pipermail/interchange-users/2002-September/026
153.html

As my company develops e-commerce sites (almost exclusively with
Interchange) for a decent amount of companies, I have contacted a few
attorney friends familiar with patent law and all say the same thing.
The strategy utilized by these companies is very normal. They threaten
legal action against small companies in the attempt to generate legal
precedence so they have ammunition to go after bigger fish.

In our attorney's opinion, we are at a major crossroads with this issue
and we must act together as a group to defeat them.

Based upon our legal advice, I propose that the next one of us who is
contacted by this group not fold. Unfortunate as it is, it appears that
money (and a lot of it) is what it will take to end this string of
ridiculous lawsuits. The companies that they are currently targeting
likely do not have the resources on their own to mount much of an
opposition. If we can get a large enough group behind eliminating this
issue, maybe we can gather enough ammunition (money, adequate legal
representation, etc.) to end this fight. The lawyers we have spoken with
have said that taking this issue to court and gaining a favorable
judgment would set precedence for this issue and hopefully be enough to
make them go away.

Anyway, although our company and clients have not been directly affected
(yet), I know that some of us on this board have been. It seems to be an
issue which, if left largely ignored, has the potential to spread and
negatively impact us all.

I apologize for going off on a bit of a rant, and also apologize if this
is not the best forum for doing so, but I thought that this community
would be a good place to rally support for mounting an opposition
capable of standing up against this threat. There are obviously a lot of
people who frequent this board who have the potential to be next.
Pooling our resources and the resources of those we represent may be in
the greater good.

You can find out some more information on this issue here:

http://www.youmaybenext.com
http://www.informationweek.com/story/IWK20021020S0002

If you agree with what I said, maybe we can start a string of discussion
that can help formulate some sort of battle plan. I don't know much
about the www.youmaybenext.com site, but maybe we can offer some sort of
support to that group???

Michael