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Oprah Sued For Infringing "Touch and Feel" Patent
I Don't Believe in Imaginary Property writes "Oprah Winfrey, or to be more precise, Oprah's Book Club, is being sued by the inventor/patent attorney Scott C. Harris for infringing upon his patent for 'Enhancing Touch and Feel on the Internet.' So Oprah's Book Club is now one of many people and entities being sued over this patent because they allow people to view part, but not all, of a book online before purchasing it. Mr. Harris also sued Google Books for infringing upon this patent. He actually was fired from his position as partner at Fish & Richardson for that, because Google is a client of that law firm and they had conflict of interest rules to uphold." It would be entertaining to see Oprah give very wide and mainstream publicity to the abuses enabled by our current patent system.
Update: 01/07 22:03 GMT by KD : The blog author Joe Mullin wrote to point out that the lawsuit was not filed by the inventor, Scott C. Harris, but rather by the shell company Illinois Computer Research, which seems to exist for the purpose of filing lawsuits based on this particular patent.
Update: 01/07 22:03 GMT by KD : The blog author Joe Mullin wrote to point out that the lawsuit was not filed by the inventor, Scott C. Harris, but rather by the shell company Illinois Computer Research, which seems to exist for the purpose of filing lawsuits based on this particular patent.
He filed a frivolous law suit against....Oprah
Like her or not, she is one of the most influential, and hence powerful, women on the planet.
Of course she will fight it. She will also win. A mouse just picked a fight with a dragon.
Republicans always find a way to blame something on Democrats. Democrats always find a way to blame something on Republicans. Jews kill Arabs, Arabs kill Jews, people sue over patent infringement and lawyers are often assholes. Oprah seems too busy talking about getting fat again (and acting like it's some kind of horrible fate worse than death) to really do much publicizing of anything else. Tonight on Larry King live, he had 3 guests, Oprahs personal trainer, her spiritual adviser and some other guy, talk at length about GASP, OPRAH GETTING FAT. What the hell is wrong with our world, I don't know where to begin anymore.
The big content providers would likely love to see a much looser patent system, then they wouldn't need to pay royalties to the patent holders of e.g. MPEG for all the content they distribute.
This is the operating procedure of an Ice Cream shop. Yes, you can sample this. That too. That. That.... But once you've had "enough" samples, you need to buy something. So the only specifics he's proposing in the patent are: Using Cookies exactly how browser cookies are supposed to be used. I hope Oprah makes a show out of this, and connects it with the rest of the IP-ocracy. Y'know, invite on some poor moms sued by the RIAA, farmers fucked by GMO-Corps, doctors from 3rd world countries that can't afford the drug mafia's prices...
While she may be a media icon and corporate power in her own right, do you think her handlers are silly enough to let her counter attack this guy?
She makes money from the media, and the media companies like the current patent and copyright laws. No one in that business is going to step forward and say 'the system is broken.' I hope she does, but I don't consider it very likely.
While she may be a media icon and corporate power in her own right, do you think her handlers are silly enough to let her counter attack this guy? She makes money from the media, and the media companies like the current patent and copyright laws. No one in that business is going to step forward and say 'the system is broken.' I hope she does, but I don't consider it very likely.
She's in a position where if she does have "handlers", they probably need her a lot more than she needs them.
Also, saying "this is an abuse of the system" isn't necessarily an admission that the system is broken, only that it is imperfect. She could take the stance that fighting this is equivalent to working within the system to correct an abuse of it and that therefore it's not so broken at all. I'm not saying I personally feel this way, only that this is not necessarily the losing proposition you describe.
It is a miracle that curiosity survives formal education. - Einstein
Regardless of the underlying ironic humour in the parent post, Kalriath really comes across (to me at least) more as insightful than funny. This case is another prime exemplification of how bizarre the legal situation becomes once any activity takes place via the internet, as if engaging in business online somehow changes everything (beyond just the medium of exchange).
Cheers,
"What in the name of Fats Waller is that?"
"A four-foot prune."
In this economic depression, it only makes sense for people with no skill or talent to take money from companies that actually provide tangible benefits to society and take part in our economy in exchange for doing no work and little forethought.
The American patent system is designed to reward inventors, even if they never have any intention or desire to make anything of their patent, by ensuring that anyone can patent anything. As a result the secret to success, like in relationships, is finding your perfect match. They're out there somewhere, and they're infringing on a patent that any sane person could come up with over a pint of Guinness and a plate of chips. Go get what you've earned, tiger!
Sure, they maybe getting a reputation of being people who settle out of court.. but imagine if they fought and lost. It would be huge. Can they risk that? Im sure its an important part of their risk management assesment when deciding what to do.
The increased payout for a loss, the increased publicity showing your company losing, breaking the law. Its a huge risk to take, while its easy to think these cases are thin and you cant lose, thats not true, just check the news.