smbisig wrote:
anyone know how photoshelter is dealing with this? searched their forum and didn\'t see anything.
steven b~
Tough to say -- this workflow from one photographer using Photoshelter software could be infringing on a patent, but is not necessarily infringing on the Wolf patents since this particular workflow does not include using the computing system to inform the players of their identifying data, and the workflow where Photoshelter is implemented seems to fall outside the workflow that might be considered infringing. There are certainly some similar elements, however.
One thing to keep in mind is that most patent owners or companies having a direct interest in a patent usually will not pursue an infringement claim unless the infringement claim causes a loss of profits or other damages. For instance, if I am just using iPhoto to tag my friends, upload the photos to Facebook and alert my friends that their photos have been tagged, it may be infringing on a patent, but there would be little cause for Photocrazy to pursue a claim to infringement since I\'m not really making any profits from my actions and Photocrazy is not really losing any profits per se. This should help answer the OP\'s original question.
Edit: to respond the post below mine, Photoshelter would never disclaim that they may be infringing a patent, since that could be considered self-incriminating.
smbisig wrote:
anyone know how photoshelter is dealing with this? searched their forum and didn\'t see anything.
steven b~
Tough to say -- this workflow from one photographer using Photoshelter software could be infringing on a patent, but is not necessarily infringing on the Wolf patents since this particular workflow does not include using the computing system to inform the players of their identifying data, and the workflow where Photoshelter is implemented seems to fall outside the workflow that might be considered infringing. There are certainly some similar elements, however.
One thing to keep in mind is that most patent owners or companies having a direct interest in a patent usually will not pursue an infringement claim unless the infringement claim causes a loss of profits or other damages. For instance, if I am just using iPhoto to tag my friends, upload the photos to Facebook and alert my friends that their photos have been tagged, it may be infringing on a patent, but there would be little cause for Photocrazy to pursue a claim to infringement since I\'m not really making any profits from my actions and Photocrazy is not really losing any profits per se. This should help answer the OP\'s original question.
smbisig wrote:
anyone know how photoshelter is dealing with this? searched their forum and didn\'t see anything.
steven b~
Tough to say -- this workflow from one photographer using Photoshelter software could be infringing on a patent, but is not necessarily infringing on the Wolf patents since this particular workflow does not include using the computing system to inform the players of their identifying data, and the workflow where Photoshelter is implemented seems to fall outside the workflow that might be considered infringing.
