[ic] divine, Inc. patent infringements

Charles Chang interchange-users@icdevgroup.org
Fri Sep 20 00:16:01 2002


--- cfm@maine.com wrote:
> On Thu, Sep 19, 2002 at 07:36:26PM -0700, Charles
> Chang wrote:
> > Hi All,
> > 
> > I've been contacted by a lawyer who represents a
> > company called divine, Inc.  They claim that my
> > website has infringed U.S. Patent Nos. 5,715,314
> and
> > 5,909,492. I have been using Interchange for about
> a
> > year for my online store. The lawyer asked me my
> > yearly sale and proposed one-time license fee of
> > $5,000 based on my yearly gross volume sale of
> > $20,000.
> > 
> > He also said that any site that uses ability to
> > accululate items and then checkout those (i.e.
> > shopping cart capability) is infringing divine's
> > Patents.
> > 
> > I have no intention of infinging anybody's
> Patents,
> > and I always had impression that using Interchange
> was
> > free under GNU license.
> > 
> > Should I pay the $5,000 fee and get over with the
> > license?  Or is he bullshitting?  What will happen
> to
> > me if I ignore this? 
> 
> I'd suggest you contact the FSF at address you'll
> find on
> the license text for IC.  (GPL).  They'll be able to
> guide you from there.
> 
> Please provide to the list the name and firm of
> the lawyer that contacted you.  Better if we are
> prepared.
> 
> Google him too.
> 

At first, Richard Nawracaj, Esq. from divine, Inc.
sent me a letter about their Patent infringement and I
ignored it. Then about 2 weeks later, Jason Engel from
BELL, BOYD & LLOYD, LLC contacted me.
Their website is www.bellboyd.com.

I am going to respond with the FSF license text to the lawyer.

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