kzoockof Offline Upload & Sell: Off
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Since patents are very specific in nature, it is common practice to "circumvent" them. There are many products that exist, legally, that are slightly different, but perform a similar end result to another product that is patented.
The patent does not prevent the use of searchable data bases, quite the contrary. Nor does your patent prevent a person and/or business from using the ability to search data bases. The purchase of software from a company that manufacturers it, includes the full ability to use that software and it's inherent abilities.
There are weak patents, easy to circumvent and other patents that are hard to circumvent. The easier ones are typically weak to begin with as other products existed prior to the patenting that perform the same general function, as is the case with yours. Microsoft, basic computer languages (SQL) and numerous others deliver the "same" results. A basic understanding of a program as simple and long toothed as MS Excel can be performed for the exact same function. Now, it is certainly possible that MS pays you a royalty, but I suspect this is not the case.
So for photographers that photograph races, I would simply use an existing program to allow for the function of searching and sorting for multiple types of data. With the purchase of that software and its implementation on your website, you are covered by the licensing agreement covered under the purchase of the software.
For the record, I am a strong believer in the reasons, purposes and protections of patents. Having worked many years in equipment design and manufacturing and patenting various processes and machines, there is a good reason for it.
The flaw with a "process" patent is that once one person beats it, others can use the same defense and court ruling and counter sue the plaintiff for harassment, especially if you are using the same methods and practices that the successfully won defendant had used.
There are ethical business people and very unethical ones. What has become common in today's world (USA especially) is a litigation based patent battle geared towards profits purely through lawsuits.
I think it boils down to a person or business hiring a contractor and doing their due diligence. I would never hire a vendor who has a history of frivolous lawsuits. I would never hire, recommend and support the contracting or hiring of a company like Peter Wolf on this basis alone. Why would I want to put my hand into a bee's nest and transact business with a company that I feel is unethical, litigation happy, etc. . . Doing so only invites the potential of being subject to this type of person's or company's passed historical actions - which many may consider unscrupulous.
I know when/if I were to encounter a decision in the hiring of a vendor to perform a specific function, I would not support, and I would argue against, such a decision for a vendor having historical precedence that I consider unscrupulous. For those others that may be considering hiring a vendor like this, I would strongly warn to do so at your own (and very high) risk.
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