User: mwgordon

:Cat = typewriter (and kinda like a crayon)

On: Barcode Maker Responds After Forcing Drivers Offline

I know this will sound anti-tech, but consider the following:

A typewriter puts characters onto a piece of paper.

The :Cat (official name of the hardware) puts characters into your computer.

Could Smith-Corona resonably claim that you were stealing their IP for using a typewriter they made to type onto a different brand of paper than what they sold? NO

Could they sue you for it (and win)? NO

Can Digital Convergence resonably claim that you're stealing their IP if you're using a :Cat to scan barcodes into a different "brand" of computer OS? NO

Can they sue you for it and win?NO

You can use a typewriter to fill in the blank on a form.

You can use the :CAT to fill in the blanks on a form (their server, using their software). Lets call it the "send me to a website about _____ product (and trace who I am, where I live, etc.)" blank.

Could Smith-Corona resonably claim that you were stealing their IP for using a typewriter they made to fill in blanks on a form they did not print? NO

Could they sue you (and win) for it? NO

Can Digital Convergence resonably claim that you were stealing their IP for using a :CAT to fill in blanks on someone elses software or server? NO

Could they sue you (and win) for it? NO

Now lets turn it around a little:

Digital Convergence gave away (through Radio Shack, Wired, etc) the :Cat scanners. They now say that they aren't ours, and they only lent them to us. They say we agreed to this because we could have read the license agreement which was sealed up on their CD or filed away on their website. They also claim that we are only allowed to use the :Cat with their software and, by extention, any data developed by using the :Cat (eg. Joe scanned a UPC on a Playboy Magazine, Joe must have a Playboy Magazine, Joe probably reads Playboy Magazine, {or atleast looks at the pictures}, Joe might be interested in Penthouse Magazine) is theirs to review and use.

Can they resonably believe this is a valid agreement?NO

Can they sue you (and win) for not complying with this invalid agreement?NO

Can they sue (and win) flyingbuttmonkeys if they read a few lines of output (not program code) and make a program that uses their scanner? NO

Can Crayola sue (and win) Joe Bob's Crayon Company for making a red crayon after Joe Bob saw a child's drawing that was made with a red Crayola? NO

Lets say Smith Corona gave away typewriters. After we accepted the typewriters, they said that they aren't ours, and they only lent them to us. They then said we agreed to this because we could have read the license agreement which was sealed up on in an envelope in the box with the typewriter or the sign in the lobby of their corporate office. They also claim that we are only allowed to use the typewriter with their paper, and that anything we type (contracts, love letters, your "Great American Novel") is theirs (Maybe exclusively) to review and use.

Can they resonably believe this is a valid agreement?NO

Can they sue you (and win) for not complying with this invalid agreement?NO

Can they sue (and win) Joe Bob's Publishing for publishing your "Great American Novel" because you used a Smith Corona typewriter to write it? NO

Could Digital Convergence have made the :Cat to only be able to read their barcodes, which would only be meaningful with their software/servers? Probably

Would many people use want them or use them often? Probably not

Could Smith Corona make their typewriters able to only type on (their) specially coated paper, which you would have to send in to them to be developed (like film)? Probably

Would many people want them or use them often? Probably not

Could they sue (and win) Joe Bob's Quicky Developer if Joe Bob figured out a way to develop the documents developed on this paper? NO

Isn't it amazing what the answers are once you compare this issue with the "non-tech" world?