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CueCat Goes After Online Barcode Database

Just noted that CueCat is going for this year's Useless Legal Action Beanie by going after www.upcdatabase.com, a site that is storing UPC codes and allows people to look them up. The database contains almost a half a million entries right now. Unfortunately they're not distributing copies of their database, so it may be necessary to create an open db just to make sure that this data isn't locked up. Update: 09/28 08:14 PM by CT : Lineo's cuecat site was taken down also.

22 of 188 comments (clear)

  1. Even more proctological uses! by -benjy · · Score: 4
    As long as you are planning to shove an intelligent :CueCat up your ass, why stop at detecting colon cancer? Make a plug-in architecture for your software, and somebody will soon write a routine to detect whether someone is full of sh*t!

    "What?" you say, "I am well fibered and squeaky clean. How will I test it?" The answer is simple my friend. Just make certain that Digital Convergence knows about your exploits. They will send one of their lawyers after you di-rectly. Capture the lawyer and use him to perfect your scatological scanning software.

  2. Not about the Database itself, but using :CC scans by Whizard · · Score: 5
    I'm friends with the guy who runs upcdatabase.com, and I just thought I'd mention a couple things that made this post slightly inaccurate.

    First off, the C&D letter is regarding the ability his site has to accept a UPC code directly from a CueCat scan, not about the database itself. He has a text input you can click in, and then scan the UPC code, and it will send it to a CGI script that decodes the CueCat scan, and looks up the UPC code in his database.

    Secondly, the reason his database isn't publicly available is because he got a lot of seed data for it from a third-party source with the agreement that the entire DB wouldn't be made publicly available. (No evil closed-source-ness conspiracies here, he's actually a strong supporter of open source, and has written several open source programs you can find on Freshmeat.)

  3. Theory of DC legal action by Col.+Klink+(retired) · · Score: 3
    Saw on flyingbuttmonkeys:

    Stephen Satchell's theory behind the DC letters. Basically, DC is only going after barcode to web translations, not simply cuecat decoders. Even though DC has refused to answer what their "intellectual property" is, their letters have gone exclusively to sites that have software that can let you use your cat with the web. Satchell further points out that NeoMedia Technologies, not DC, actually have a patent on barcode to web lookups. NeoMedia is sitting on the patent until, I guess, there is enough money being made to jump in and begin extorting licensing fees...

    --

    -- Don't Tase me, bro!

  4. The revelvant patents by hatless · · Score: 3
    Looks like NeoMedia, whose patents DC apparently licenses, patented the concept of using a barcode with attached tracking data as a means to fetch a pointer ot network data. In 1999 and 2000. I'll bet this comes as a surprise to every maker of networked barcode-enabled applications from the past 20 years.

    Then again, some other yahoos seem to have a fresh patent on the very idea of a database mapping UPC codes to product-related URLs.

    Time to patent my Method of Organizing a Sock Drawer. Black socks on the left, white socks on the right, colored and patterened socks in the middle. Who's reviewing these patent applications? A family of parakeets? A bag of gravel with a face painted on it?Bonus points: NeoMedia's other three patents cover the "windowing" approach to solving the Y2k problem. So it sounds like NeoMedia specializes in buying up patents of the obvious that somehow slip through, and suing everyone in sight.
  5. stores by dkh · · Score: 3

    Not sure of the details here, site is slashdot'd already but... if these folks are being pestered because of a db of upc's what about all the retailers out there? I thought the whole idea of the upc was to provide machine readable id's - they're not proprietary or secret. I would assume that somewhere out there there is a public list of the company identifiers. Method of getting the data would seem to be irrelevant if it is already public knowledge.

  6. Ask Digital Convergence for Postage... by tjgrant · · Score: 4

    I am probably short sighted, but I have no real use for a barcode scanner. I got my CueCat in the mail, so I went to the Digital Convergence Contact site, entered my information, and politely told them that I didn't agree with their EULA, and asked them to provide me with a shipping container and postage so I could return the scanner to them...

    ...I haven't heard from them yet

    I wrote a little editorial about this subject on my website www.exceptionalminds.com/rhacer/s oap box

    Stand Fast,

    --

    Stand Fast,
    tjg.

    1. Re:Ask Digital Convergence for Postage... by gorilla · · Score: 4

      I belive, according to USPS regulations, if you get something sent to you unsolicitated, inform the sender, and they do not pay for return shipping, then it then becomes your property. Unfortunatly, there isn't much on this on the USPS website, but at Federal law prohibits the shipment of unordered merchandise. Such a practice may constitute an unfair trade practice. Merchandise mailed in violation of United States Code may be treated as a gift by the recipient without any obligation to the sender.

  7. CueCat called "fairly useless" at MediaNews.com by Vassily+Overveight · · Score: 3
    Here's an article from MediaNews.com

    Dallas Morning News president: People just love that CueCat!
    "Our market research shows consumers love this product and can't wait to use it at home," says Robert W. Mong Jr., president and general manager of The Dallas Morning News. "I find that very reassuring." He should; his paper's parent has invested $40 million in the company making the device.
    From RENEE HOPKINS: "You may have noticed that the Dallas Morning News' :CueCat artice carries no byline, only the cryptic 'from staff reports.' That tells me that my former DMN coworkers didn't want anyone's name associated with this biased puff piece. If the DMN staffers had been allowed to actually report on the OTHER side of the story -- that the :CueCat has so far received negative reviews for being a fairly useless and hard-to-use piece of technology -- the story would have been bylined."

    --

    "If I have seen further than other men, it is by stepping on their glasses." - Michael Swaine

  8. Re:Won't work- Here's what they MIGHT be using... by 1010011010 · · Score: 3

    It is in response to something that was, up until yesterday, on his site[...]

    This is your local FBM representative speaking :) It's The Baltimore Sun that has an article about this cuecat mess:

    When I asked Davis about the letters, he was a bit more specific but not much. "They're developing computer applications in our patent space," he said.

    Pressed a bit more, he said the company is relying on a 1991 patent it acquired that covers the use of a standard bar code scanner to "create a network event."

    This would be a fairly broad patent, and could keep others from using bar code readers for purposes that have nothing to do with Digital Convergence's core business.


    If you can find the patent(s) in question, please email me. Search freshmeat for the software.

    ___________________________

    --
    Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
  9. Re:Another use for Cue:Cat, colon cancer detection by leob · · Score: 3

    You cannot detect colon cancer with a thing that has colon cancer itself (:Cue:C.A.T.). And it's spreading! If it becomes :Cue:C:A:T: it will not be advisable to make it touch any part of your colon.

  10. Wacky patent. So why not circumvent HTTP for now? by hatless · · Score: 5

    A barcode-to-web-lookup patent, especially if awarded in the last 15 years, would be especially nutty. Barcode scanners have been used to trigger data lookups across networks for as long as there have been barcodes. I find it hard to believe that shop-floor, factory and warehouse barcode readers weren't being used to pull up mainframe data 20-plus years ago. Must find this NeoMedia patent. Sounds on the face of it like yet another bit of galling ineptitude at the USPTO.

    Hey! I have an idea! How about rigging, say, a modified finger daemon to hand out item URLs to scanning applications. Then the lookups wouldn't be done "on the web".

  11. Comment removed by account_deleted · · Score: 4

    Comment removed based on user account deletion

  12. Do they think they own BARCODES? by sid_vicious · · Score: 3
    For goodness sakes, does this company think they own the IP for barcodes?? Or that they invented the idea of an online database??

    Or do they think that somehow combining the two represents a brand new idea that should be protected from competition?

    Yeesh. I don't remember anyone promising these people that they had some God-given RIGHT to make money and trample everyone else in the process. If you want to make money in a capitalist marketplace, offer a *better* product for *less* money!

    --
    If it ain't broke, it doesn't have enough features yet.
  13. It's Not about database. by FoxIVX · · Score: 5

    This letter wasn't sent in regards to the database he has amassed, they would have no legal griveance over that. However, like the rest of us, he has a perl script that you can scan your :cue:cat directly into, and use it as your search query, this "violating" their IP. This is what they're pissed about, just like the other hackers who got letters. They probably dont like that there is a competing database of UPC codes, but certainly have no legal right to go after them for that.

    -Josh

  14. CueCat vs. Small Business/Retailer Use by lwagner · · Score: 3

    Information on UPC Symbols is in the public, isn't it? Isn't this a universal (AFAIK at least American?) standard?

    My thought is that CueCat is probably VC-based, and they're watching their business plan being eaten... but they have VC-money to sue with.

    A database of UPC Symbols would be of great use to smaller business and retailers who want to use them "scanning in" either a.) purchases of commonly purchased items, without having to actually scan the box or b.) inventory tracking.

    Inventory tracking is difficult to do when there are slight differences between the two products. A simple Maxtor HDD listing with features like UDMA, etc. can even be complex, for instance, if one has a 5400RPM rotation instead of a 7200 rotation. If you've ever worked with a distributor and not had the SKU, you know that the most complex part is trying to determine what things are by a jumble of extremely long sentences and unclearly abbreviated phrases. Sometimes the differentiation doesn't fit on the screen (e.g., the Maxtor drives would look the same, except for the price).

    It would be nice to scan in what inventory you want to reorder from a laser-printed sheet and have it automatically poll Ingram-Micro (or whomever) to see if it is available.

    As far as difficulty scanning boxes, if you've ever tried to move a set of stacked boxes around to find the UPC code (often on the bottom), you probably know what I'm talking about. It's not fun.

    With companies being so quick to sue, they seem to forget that, even with something like the CueCat, there is always a way to make some sort of money simply by (*gasp*) taking care of your customers. Not *everyone* is interested in hacking it, and most people are probably looking for a solution-based (e.g., service) approach. When you dump your customers (e.g., the lawsuit money has to come from somewhere, and customer service is often the first to suffer) to go after hackers and play lawsuit-cowboy, you have alienated both parties... parties that both had the potential to support your company in some fashion.

    In the hacking world, hackers give good publicity. Sure, they love to tear your stuff apart, but they gave rise to stuff like the iOpener and the CueCat which would have never been heard of otherwise. Hackers represent the ultimate consumer - they have a no-BS approach, they're intelligent, they're skeptical, and they love a quality product they can tool around with. Most small business owners would be able to die happy if they could have even received one-fifth the publicity that either of these companies got. Go figure.

    Lucas



    --
    Spindletop Blackbird, the GNU/Linux Cube.
  15. Re:Not about the Database itself, but using :CC sc by Whizard · · Score: 3
    It's nice of you to conveniently ignore the rest of my sentence, but that's OK. I understand that one of the key rules of posting to Slashdot is conveniently ignoring that which might disprove your point.

    However, you might be interested to note this update that he's added to the upcdatabase.com page:

    The reason I can't distribute the database is that over half of the data is 'borrowed', more or less -- with permission, mind you -- and I do not have permission to redistribute the lot.

    HOWEVER, I have recently made plans to remove that data from the database, so that the database can be redistributed. That would take the total number of entries down from almost a half million entries, to something like 200,000 entries. If you have any opinions on this plan, please let me know -- webmaster@upcdatabase.com.

    (And yes, I know I'm not identifying him or the software he's written, because he doesn't wish to tie his real name to the UPC database, for reasons that are his and his alone.)
  16. Re:I like the cue cat posts by Anonymous Coward · · Score: 5
    DO NOT IGNORE Digital Convergence.

    This organization is probably the most evil direct marketing organization ever constructed, every CueCat device has a serial number that is sent with barcode data that is swiped. On top of that they want you hook up your computer to your TV so your TV can control your computer. You can see this in action on the Infomercial they started running, the theme of Angels from Heaven watching the activities of the residence of the Town of Convergence, USA isn't very far away from a big corporation collecting data from everyone to see if they're being naughty or nice consumers. They want you to think you're in control. It isn't about where you want to go and do, it's all about them collecting datapoints about what TV shows you watch, what products you have in your home, what magazines you read, what books you own, and what foods you eat.

    DO NOT IGNORE Digital Convergence.

    DC's Executive Bio's is a laundry list of people everyone hates, direct marketers and data miners. These are the people who create the databases of people, the ones that get sold to telemarketers that call you every day of the work week during dinner to do a "consumer survey." You think your telephone sucks now? Imagine what life will be like when someone calls you to offer you coupons for everything you ever scanned, only if you buy them from their catalog or bring the coupons to their store.

    DO NOT IGNORE Digital Convergence.

    This is the true begining of the war on our privacy. They want people to scan everything, and I wouldn't be surprised if they eventually suggest tatooing barcodes on your wrist for the ultimate digital wallet application. Christans might have some choice words about that event when it happens.

    Some people might make light of all their gaffes with privacy and security. Don't brush them off just because of their incompetence so far. They will get better at what they do and the value of their "data" will escalate. Don't bet for a minute that your profile data won't be sold to Visa, MasterCard, American Express, Banks, Experian, Transunion, or Equifax.

    You did fill out a fake name and address when you got your CueCat from Radio Shack. Didn't you?

    Digital Convergence delenda est.

  17. Another use for Cue:Cat, colon cancer detection by Anonymous Coward · · Score: 4

    Forgive the anonymous posting, but I've had enough dealings with lawyers for teh while, you understand. Though, since I received the CueCat in hte mail due to my WiReD subscription, and unsolicited, apparently I can do anything I want with it, including sticking it up my ass. Which brings me to my point.

    I'm writing the software for another use of Cue:Cat, colon cancer detection. Most tumors are colored differently than healthy flesh. Healthy flesh is red, which means it reflects red light. Tumors are usually not red, they reflect less red light. The Cue:Cat uses red light to detect barcodes, thus, it should also be able to detect differences in flesh, by detecting the differing amounts of red light reflected by healthy flesh and tumorus flesh.

    So, I need a algorithm to detect changes in reflect light intensity, and a search algorithm. I'm thinking of using my Lego Mindstorms to insert the Cue:Cat in an ass, and then rotate it and push it in and pull it out (Venture Capitalists take note, perhaps we can go after the Sybian monopoly, nonstop female orgasms should be the right of every female who can't experience me, not just those with $2,000.

    So, if anyone wants to help me with this, please respond here. The sensations of a cat shaped barcode reader plunging in and out of your ass are amazing, and we might detect cancer.

  18. Comment removed by account_deleted · · Score: 5

    Comment removed based on user account deletion

  19. Re:missing story? by AFCArchvile · · Score: 3

    I think that CmdrTaco yielded to the numerous complaints that there were too many CueCat stories. I'm surprised, cause I submitted a story about The Register's take on the CueCat. It was rejected, and they accepted this vaguely terse piece of FUDcrud? That's pathetic.

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
  20. Have you filed your complaint with the USPS? by Moray_Reef · · Score: 5

    Read about how DC has commited mail fraud (and how to file your complaint with the US postal service) here.

    And learn how to 'de-claw' (so it doesn't send out a serial number) your ::cue::crap spammer-- er uh scanner here.

    --
    If you voted for Nader, THIS IS ALL YOUR FAULT!!
  21. Won't work- Here's what they MIGHT be using... by Svartalf · · Score: 5
    The following is a copy of an e-mail I sent to FBM and the author of FooCat. It is in response to something that was, up until yesterday, on his site, quoting an interview the DC CEO had with an east-coast newspaper. In the interview, the CEO mentions that it's a patent that they acquired that was issued by the USPTO in 1991, that purportedly covers scanning a barcode and generating a network event. If the interview is accurate and doesn't have typos or incorrect info, the following information would be of import (Note: This is supposition. It means nothing until DC fesses up to what IP FooCat and others are violating their rights on- this looks close enough for them to bluff their way through this with..):


    A quick search of the Delphion IPN (Used to be IBM's patent site, but they merged their operations with Delphion...) for "(bar code) and (network)" produced only 3 hits for patents in 1991:

    #4,982,346 - Mall promotion network apparatus and method
    #5,029,183 - Packet data communication network
    #5,029,034 - Video casette with optical output of information

    Closest patent is 4,982,346.

    htt p://www.pat ents.ibm.com/details?&pn=US04982346__&show_legal=1 #LEGAL

    Abstract:

    A computer system automates advertising and promotional campaigns. The computer system includes a magnetic stripe card reader, bar code reader, monitor, printer, keyboard, and touchscreen input device. Software executing on the computer manages the operations of these devices. The system displays advertisements and product or store locator maps, dispenses coupons, accepts product orders, and manages customer surveys. Customers are attracted to the system by promotional sweepstakes, thereby enhancing the effectiveness of the advertising and surveys. A frequent shopper campaign also attracts customers to the system.

    This does NOT cover scanning a barcode and generating a network event. The patent copy is one of the sillier things I've had the misfortune of seeing- 76(!) pages, mostly of flow charts describing the high-level details of the application. It might be said that this is an applicable patent because of what they're claiming, but what they're claiming is not novel, nor is what they're claiming a specific to the WWW or to the Internet in general.

    According to Delphion, the current owner of the patent is Inter-Act Systems, Inc. of Norwalk, Conn. which was a change of hands on June 6, 1997. Inter-Act is still in business, doing the same line of business, mall kiosks. Now,
    either they've purchased the rights to this patent, they're a subsidiary of Inter-Act (Not likely), they don't own the rights to this patent and they're bluffing because they found it just like I did and they're using it as a smokescreen, or we're barking up the wrong tree. Which is it? Your guess is as good as mine, but they're not
    listed as an assignee to the best of what I can find out.

    The next closest is #5,029,183. This describes a patent owned by Symbol that is used for remote, hand-held, bar code scanning units to collect data for a central computer (Like those nifty hand-held units that Wal-Mart, K-Mart, etc. use for inventory, etc.). In this case, they'd _have_ to have just bought the patent rights on this one. Symbol's NOT going to relinquish such an important
    patent (even if it is overbroad and non-unique...).

    Either we've got the date wrong or he's mis-applying the first patent mentioned.


    If this is the patent, and by some perverse twist of fate, Delphion's site info isn't in lockstep with who is the current assignee of the patent, you're going to find that anything of the sort is in violation of the patent. Of course, I may have missed the patent (There's something buried, not in the abstracts...)- having said this, I'd like to point out that without it being in the abstracts, it's not likely to be a valid use of the patent grant, because they've got to specifically mention what they're patenting there. Furthermore, most of the usages that we see with it that DC's up in arms about isn't really covered by this patent- the usages don't link up with any marketing data except the case of the engines flipping you to Amazon, and that's tenuous too.
    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas