[ic] divine, Inc. patent infringements

Dan Browning interchange-users@icdevgroup.org
Fri Sep 20 00:22:01 2002


At 09:15 PM 9/19/2002 -0700, you wrote:
>--- 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.

With a name like that, I'm sure they get the finest redneck patronage there 
is ("eh there billy boy lloyd, pass me some more possum while I read this 
here pat'int thingie").

--
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| Dan Browning, Kavod Technologies      <dan.browning@kavod.com> |
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[No offense to our Ohio list members <wink wink>].