Selling photos online patented

mercphotomercphoto Registered Users Posts: 4,550 Major grins
edited January 13, 2009 in Mind Your Own Business
More patent stupidity, as if Wolf's patent was bad enough. (and yes, I have a very low opinion of the patent office already if you can't tell). Saw this on Sports Shooter today, and it seems it effects Smugmug as well, or so is rumored:

http://www.sportsshooter.com/message_display.html?tid=31851

Here's the patent itself:
http://www.patentstorm.us/patents/6332146/fulltext.html
Bill Jurasz - Mercury Photography - Cedar Park, TX
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Comments

  • LauraSLauraS Registered Users Posts: 16 Big grins
    edited January 9, 2009
    I was just about to start a new thread on this to see what you guys have heard... here's what I started-

    I have been a member of Pictage and Smugmug for years. I just got this from Pictage today.


    ---

    Dear Valued Pictage Partner:

    Last week Pictage completed a settlement of a patent infringement lawsuit brought against Pictage and some of our clients by VPS, LLC. Among other things, VPS's patents cover the online display of digital images and sale of products based on those digital images. VPS has licensed these patents extensively and requires that companies (including professional photographers) providing online sales of products based on online digital images pay VPS a license fee or royalty on all such online sales.

    As part of the settlement with VPS, Pictage is paying a multi-million dollar fee for a license covering past and future online sales on Pictage.com. All of your past sales and those you will make in the future on Pictage.com are covered by the license to Pictage and the fees paid by Pictage. However, it is important to note that any sales that you have made or will make on any other website (including your own) are not covered by the license to Pictage.

    ---



    What (if anything) have you guys heard? It seems that someone has patented the selling of digital images (I'm not very clear on all this!) and has now successfully sued Pictage. (and kodak- which is consumer stuff???) This dosen't seem right at all. Now I wonder if Smugmug is next or if they are into it already with this company?
    I wonder if this effects companies like Corbis and Getty Images too???
  • AndyAndy Registered Users Posts: 50,016 Major grins
    edited January 9, 2009
    Hi folks, been getting a lot of emails on this, too. SmugMug is not part of this, just fyi. I don't have anything to say about it, since that would be conjecture or speculation.

    The posting on Sportshooter that says we have been or are in litigation with VPS is incorrect.
    Andy

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  • ian408ian408 Administrators Posts: 21,949 moderator
    edited January 9, 2009
    It's reasonable to patent something that is unique or which is "unknown" and for which you have spent a significant effort and resource developing. I get that. What is ridiculous is that someone can combine the efforts of others and claim some sort of uniqueness. What is their product again? Do they intend to simply defend their "patent" or are they really at work providing a product or service?

    I'm claiming the process for creating patents. Everyone shall pay me now lol3.gif
    Moderator Journeys/Sports/Big Picture :: Need some help with dgrin?
  • mbellotmbellot Registered Users Posts: 465 Major grins
    edited January 9, 2009
    ian408 wrote:
    I'm claiming the process for creating patents. Everyone shall pay me now lol3.gif

    And I've patented the basic concept of "a process", so anyone who does anything will have to pay me. rolleyes1.gif

    Reminds me of M$ "patenting" the double-click. headscratch.gif
  • SaloSVSaloSV Registered Users Posts: 44 Big grins
    edited January 11, 2009
    Why in the world did Pictage settle? I remember when that business started, seems like smart people over there. Expensive IMHO, but WOW! They settled?
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  • DavidTODavidTO Registered Users, Retired Mod Posts: 19,160 Major grins
    edited January 11, 2009
    I think I'll patent asinine behavior.
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  • ashbyashby Registered Users Posts: 72 Big grins
    edited January 11, 2009
    DavidTO wrote:
    I think I'll patent asinine behavior.

    Too late. I think it already has multiple licensees. deal.gif
  • mbellotmbellot Registered Users Posts: 465 Major grins
    edited January 12, 2009
    DavidTO wrote:
    I think I'll patent asinine behavior.

    Can't, too much prior art.

    :D
  • ian408ian408 Administrators Posts: 21,949 moderator
    edited January 12, 2009
    SaloSV wrote:
    Why in the world did Pictage settle? I remember when that business started, seems like smart people over there. Expensive IMHO, but WOW! They settled?
    To be blunt, I don't know why either. It would have been better to stand and fight.
    Moderator Journeys/Sports/Big Picture :: Need some help with dgrin?
  • JohnBiggsJohnBiggs Registered Users Posts: 841 Major grins
    edited January 12, 2009
    I would have fought it too...
    Canon Gear: 5D MkII, 30D, 85 1.2 L, 70-200 2.8 IS L, 17-40mm f4 L, 50 1.4, 580EX, 2x 580EXII, Canon 1.4x TC, 300 f4 IS L, 100mm 2.8 Macro, 100-400 IS L
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  • Cygnus StudiosCygnus Studios Registered Users Posts: 2,294 Major grins
    edited January 12, 2009
    SaloSV wrote:
    Why in the world did Pictage settle?

    Maybe it is because lawyers charge by the hour whether you are right or wrong.
    If someone figures out how to patent stupidity, please let me in on it. We would pass Gates on the worlds richest list in the 1st six months.
    Steve

    Website
  • ian408ian408 Administrators Posts: 21,949 moderator
    edited January 12, 2009
    Cygnus Studios wrote:
    Maybe it is because lawyers charge by the hour whether you are right or wrong.
    And sadly, they're the ones who make out on the patent application and research too.

    I should have gone to law school lol3.gif
    Moderator Journeys/Sports/Big Picture :: Need some help with dgrin?
  • brian.conaghanbrian.conaghan Registered Users Posts: 28 Big grins
    edited January 13, 2009
    Why Pictage would settle...
    Color me cyncical, but the fact that they are bundling it with an increase in their own fees (10% -> 15%) makes me wonder if they have an interest in "caving". I would not be surprised if this is a high profile case to intimidate other providers and that they got a sweetheart deal, as seemed to be the case with Marathon Foto for the Photocrazy stuff.
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