[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.
__________________________________________________
Do you Yahoo!?
New DSL Internet Access from SBC & Yahoo!
http://sbc.yahoo.com