Hi Robert and others Russell Holland from www.webfoot.co.nz and myself are currently just setting up a list serv and website for this. Both our companies have numerous clients involved in this. Domain is www.fightthepatent.co.nz and should be online later today. We all agree that banding together may be the best way to communicate and fight this, as many of the parties affected so far are small operations without resources to fight high court cases. We can also petition the govt together. Will post to this list once online and we can resume communications then. It is a serious threat to eCommerce in NZ as the patent is registered in this country, so the registering party therefore does have rights - even though the concept is absurd. Rgds Richard Shearer www.webfarm.co.nz www.freeparking.co.nz At 13:46 09-07-03, you wrote:
James & Wells NZ Barristers and Solicitors (http://www.jaws.co.nz) are acting for DE Technologies ( http://www.detechnologies.com )
DE Technologies are described at http://www.globetechnology.com/servlet/GAMArticleHTMLTemplate?tf=globetechnology/TGAM/NewsFullStory.html&cf=globetechnology/tech-config-neutral&slug=WJFEAT&date=20021003
as "a tiny company in Montreal" and the patent as "a computer implemented process for carrying out an international commercial transaction."
I hope this is not seen as off topic. I am at a loss to say whether this is an absurdity or a significant worry, but my firm has recently received a legal fax from James & Wells claiming we are infringing DE Technologies recently acquired NZ Patent.
In what looks like a mass produced demand they appear to require that we "discuss" obtaining a license for three years for US $25,000 plus 1.15% of our and our customers' transactions, if we wish to continue hosting web sites that take international orders.
The NZ version of the patent was obtained earlier this year. Curiously the target of their attention happens to be a website of ours that does not do actual orders itself but is just a portal, hence my guess that this is part of an broad initial salvo in an attempt to create the "pay up and avoid litigation" response.
I want to make contact with other operations who have received a license and royalty demand under NZ Patent 505284 for large sums of money if they wish to continue using basic international web shopping practices. We can probably deflect the particular letter we have received, however if the barristers involved are keen to search out sites that do have some chance of coming under the patent then they should find a virtual cornucopia, as they traverse the sites of your customers and ours. Supposing they succeed in upholding their patent then their requirements would claim a significant percentage of overheads of net traders looking to continue having international ordering/transaction capabilities.
Obviously I am sorely disappointed that the NZ Patent Office is granting patents of this kind, and am reviewing both political and legal options for raising this issue in the public eye. Alongside Microsoft's moves to patent .Net APIs we are of course, seeing some serious challenges to developer freedoms, and end user's integration choices, if the arena of intellectual patents is not balanced with concern for open standards in at least some of the world.
Well that is off topic now I am sure... I am happy to set up a list for discussing this issue if anyone else is interested, let me know or point me to a pre-existing nz list on this matter.
Oh and I'll let you know when I have a patent on the process of running an online charity auction to save ISPs sued by patent attorney's.. :)
regards Robert
-- Robert Hunt phone +64-3-3645888 Managing Director fax +64-3-3645828 Plain Communications roberth(a)plain.co.nz
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Regards Richard Shearer www.webfarm.co.nz www.freeparking.co.nz Tel: +64 6 7572881 Fax: +64 6 7572883