Slashdot Mirror
No PodBuddy for iPod lovers
dniq writes "It appears that DLO (Digital Lifestyle Outfitters) are using their patent #6,591,085 to keep a PodBuddy, designed by DVForge, a product, competing with DLO's TransPod, off the market. Another example where patents are interfering with innovation and in the end - the end users are suffering the consequences, because far more superior product can't see the light due to dirty tricks of the patent owners :("
I'm conflicted about such things.
I see the point in protecting someone who has an idea so that they can have time to research, develop, test, produce, market and distribute their products without a competitor moving in on their idea. That is, if I come up with a great idea and Microsoft finds out I'm working on it and puts all their clout behind their own version of the product and, thus, beat me to the punch simply because of their sheer size, it isn't fair and I would tend to say it isn't right.
On the other hand, if people come up with an idea independently - meaning one did not steal the idea from the other - then whoever gets to market first gets to market first. Whoever dominates.. dominates. That's all there is to it.
Of course, the problem is in proving that you came up with the idea on your own, too. So we have this silly patent system that only allows "one true originator" of an idea. And that seems to be stifling the ass off of innovation and progress.
This PodBuddy thing seems like a reasonable idea. And it does seem unique enough to be excused from the patent (just a total layperson's opinion). It seems like the competition just doesn't want competition and it's sad that a country that prides itself on promoting innovation and small-business would so readily let one company just roll over the other to eliminate the competitive market. And not on any justifiable premise, either. Just "we have more money than you - you can't afford to contest us in court". And you're fucked.
Then again, if the DVForge guys thought they had a chance, I would think they'd push it in court (they could always recover the costs, right?). So they must feel they are actually on shaky ground, too.
If I have an idea for a device that hasn't been made before, I can patent the idea then openly market it without fear that someone else will come along and out-muscle me in the marketplace.
It seems to me that the PodBuddy is a blatant copy (presumably it's the second-to-market given the other guys have the patent), with a sexier-looking arm for attaching it to the car. The functionality looks to be identical.
You could argue whether the patent itself ought to have been issued (is it *really* a non-obvious invention?) but I don't think you can argue the patent-holder is doing anything wrong. I don't particularly like the idea of patents (especially software patents), but given we have them, it seems to me this is what they're supposed to be there for....
Simon
Physicists get Hadrons!
This is what patents are for! Everybody in their right mind knows that they should be doing a patent search before coming up with a technology like this. The patent was filed on July 17 2002, it's DVForge's own fault.
Well, since the MP3 playing is a secondary function of the iPod (it's an AAC player that happens to play MP3s), they could fight it... However, it's the traditional big-business-wants-the-little-guy-out-so-they-sue- them-so-that-they-shrivel-up-because-of-legal-fees game. Microsoft's played it with Digital Research in a way - they did something that they knew would get them sued (have Windows 3.1 refuse to run on DR-DOS, and not for technical reasons). DR won the case, but the legal fees drove them under.
So it looks like DVForge is patenting their other ideas. It means they know about patents and can afford the lawyers. I'm guessing they were dumb and didn't patent this device and are now must trying to get some publicity.
-- these are only opinions and they might not be mine.
Before you get all worked up about this ... do a little research on Jack Campbell and DV Forge. As listed in other posts in this thread, the guy has had a long career of being Less Than Forthcoming about his products, their origins, and their real manufacturer, to the point where not only do I not believe him when he says his product is superior, I don't believe him when he says the other company is using the patent to keep his product off the market.
According to the designer's site, they believe that their product is not infringing on the patent, but can't afford the court case that would follow. Clearly this is a problem with the justice system.
Actually, it's a problem with the high cost of legal expertise. And that's something that's simply unavoidable, because patent law isn't something you can brush up on in a summer mail-away course.
The legal system works just fine. The world simply favors those who can buy things over those who can't, and to find blame for THAT, you have to go all the way back to the Garden of Eden.
What is needed immediately is for a white hat to endow a fund that would pay the legal bills for patent challenges.
Elsewhere in this thread, a poster proposes using a meta-moderation system to weed out ridiculous patents. It's a sensible idea that, under our anti-meritocratic government, will never see the light of day. But such peer-based moderation, publicly established by an NGO, could be used to inform and direct the Unfair Patents Challenge Fund.