Planet Eclipse Sign agreement with Smart Parts

[MarkM]

Next one has done it,

http://www.planeteclipse.com/site/eNews.asp?newsID=45

[FutureMagOwner]

liek omgzzzz the elbadz!!!!!!!!!!!

meh seems like every company is either fighting them and losing or signing deals and nothing else...

[LudavicoSoldier]

Another company to accept the sandpaper condom rape. Sad...

[lew]

To put it simply: That's gay. I would never have seen that one coming.

[1stdeadeye]

What to you expect? They also make a version of the Impulse too!

Sooner or later they will go up against someone who has enough money or guts to challenge their patents. Then we will see what happens.

[WARPED1]

Smart companies that want to stay in business and not fade away in obscurity, sign with SP to settle things, Planet, yet another intelligent company.

[Cryer]

Originally posted by WARPED1
Smart companies that want to stay in business and not fade away in obscurity, sign with SP to settle things, Planet, yet another intelligent company.
:p

I was waiting for that...

I could feel it coming!:D


I for one, am hopefull that Nicads trigger mod will take a little emphasis off this whole SP situation. Deadlywind could liscence out non-exclusive rights to manufacture his trigger in other markers...

Maybe kinda cushion SP's legal impact on the the paintball industry.

[Fred]

so... are the prices gonna go up?

or no? cause of the previous impulse stuff?

wonder if Racegun is next?

---Fred

[sitting_duck]

wow. i'm glad i got my worrblade before this. i wouldn't be suprized at all if they go up to $500. the funny thing is that there was no previous mention of planet being sued by SP (at least to my knowledge). i wonder if they decided to go ahead and get it over with before they were sued?

[Head knight of Ni]

I think I'm gonna be sick.:(

[GT]

I guess this also means that WGP will be likly to sign soon. Or is it that the Eblade is techincally an eclipse product WGP has already signed?

[WARPED1]

Originally posted by gtrsi
I guess this also means that WGP will be likly to sign soon. Or is it that the Eblade is techincally an eclipse product WGP has already signed? I think so. WGP doesn't make the Worr Blade, they slap an Eblade on there.

[chasden]

So, to recap, so far SP has bullied into licensing Planet Eclipse, ICD, National (Bob Long), and Dye. And essentially forced AKA and AGD out of the electro market.

Of course I notice that SP has not gone after the bigger paintball companies, like BrassEagle (parent company of Viewloader and JT), Kingman, and Tippmann.

These assh*les must be stopped!

[shartley]

Originally posted by chasden
So, to recap, so far SP has bullied into licensing Planet Eclipse, ICD, National (Bob Long), and Dye. And essentially forced AKA and AGD out of the electro market.

Of course I notice that SP has not gone after the bigger paintball companies, like BrassEagle (parent company of Viewloader and JT), Kingman, and Tippmann.

These assh*les must be stopped!
No, sorry… that is not a recap, that is a misconception and opinion. And some of those things happened with much less effort than “bullying” would imply.

AKA made their choice, and I am sure SP would have been more than happy to have them continue to make their markers. And SP did not force AGD to do anything.

And if you think about it, of course you start at the bottom, not the top. It is a step by step process.

Now, as for them having to be stopped…. The thing to do is have a 3rd party have the patent reexamined. This has been stated more than once, and in fact a thread specifically for it here on AO. But has this been done? NO.

[chasden]

If you don't think threatening with a lawsuit isn't bullying, then I don't think you're looking at looking at the situation realistically. Additionally, by their predatory actions, which have the net effect of stopping production of some of the best electros on the market, SP has shown that they really don't care if the overall impact of their actions is hugely negative on the paintball world.

[bleachit]

Originally posted by chasden
SP has shown that they really don't care if the overall impact of their actions is hugely negative on the paintball world.

really? sp doesnt care about the pb industry as a whole? please tell me this isnt just a evil diabolical scheme to make even more money.. say it isnt so.

[WARPED1]

Originally posted by chasden
If you don't think threatening with a lawsuit isn't bullying, then I don't think you're looking at looking at the situation realistically. Additionally, by their predatory actions, which have the net effect of stopping production of some of the best electros on the market, SP has shown that they really don't care if the overall impact of their actions is hugely negative on the paintball world. They haven't threatened anyone, they were merely excersising thier rights by law. All you zombies have to face that legally, SP is in the right. Ethically? Only if you're Bill Gates..............

[chasden]

I'm a "zombie"? Well, I did like the Dawn of the Dead re-make... so I'll take that as a complement.

If you guys see nothing wrong with the way Smart Parts does business than, I guess they are the company for you. Enjoy your Freak kits and Shockers.

Personally I see their actions as damaging to paintball community at large, and I'm gonna make sure that they don't get a cent of my hard earned money.

[DiRTyBuNNy]

Well..did anyone catch this part of the press release?


as well as patents and/or pending patent applications in Germany, France, United Kingdom, Switzerland, Canada, Japan, and other countries.

I think SP may discover that regulators in other countries aren't as easy to lie, cheat and steal from.

[GT]

i still dont understand the crying. Evolve or move out of the way!

[Bonx0007]

That is exactly what we should do...evolve. Sp is putting pressure on smaller companies, the truly innovative and intelligent companies will find a way to over come this hurdle. I both hate and like smart parts.
I hate the fact that they are driving the price electros up and putting a lot of people under their legal thumb.
This patent is about as ridiculous as someone coming alog and patenting the wheel. The part about smart parts that i do like is that their die hard sense of competition will bring the best out of those who are determined to be successful in the paintball industry.

ADAPTATION IS THE KEY TO SURVIVAL.

[WARPED1]

Originally posted by chasden


Personally I see their actions as damaging to paintball community at large, and I'm gonna make sure that they don't get a cent of my hard earned money. Well, then you can't buy an ICD gun, Intimidator, or Matrix(including the DM4).

[baka]

no, he can, he just dosen't want to.

[WARPED1]

Originally posted by baka
no, he can, he just dosen't want to. Well, yeah. But if he buys any of those guns new, SP gets money.

[baka]

Originally posted by Bonx0007


ADAPTATION IS THE KEY TO SURVIVAL.

So are you saying that we should've just let the nazi's take over and adapt to there ways. I do believe there's nothing wrong w/ a fight against sp if you see it as threatening an idustry and sport that you love.

Is sp hurting, or was it in any way before they started doing the patent enforecemant?

[baka]

Originally posted by WARPED1
Well, yeah. But if he buys any of those guns new, SP gets money.

now your getting it.

[RT pRo AuToMaG]

The point most of you are missing:

IF ANYONE HAD A CHANCE AGAINST SP, LARGE COMPANIES LIKE DYE, NPS, AND ECLIPSE WOULDN'T HAVE SIGNED AGREEMENTS WITH THEM!!!!!

I know for a fact that Dye and NPS have enough money to fight them, but appearently they saw some vaid points in the patent. The people on AO, although smart, probably don't know near as much as Dye, ICD, Eclipse, and NPS's lawyers do about patents, and I'd like to think that their lawyers know what's best.

[GT]

Originally posted by baka
So are you saying that we should've just let the nazi's take over and adapt to there ways.

the slaughter and near genocide of an entire people and a poor patent of a paintball product: dont ever make that comparsion again. Its just sick and wrong

[baka]

thats true, but if they just hired Johnny Cockren they'd beat SP and get away w/ murder:eek: !

[robdamanii]

Originally posted by WARPED1
Smart companies that want to stay in business and not fade away in obscurity, sign with SP to settle things, Planet, yet another intelligent company.

You think Kingman or BE are going to sign with them?

You know how much money BE/K2 has to fight that? Or kingman?

I'd LOVE to see that battle in court. Of course, SP may never attempt it knowing it's a losing battle.

[bleachit]

Originally posted by robdamanii


You think Kingman or BE are going to sign with them?

You know how much money BE/K2 has to fight that? Or kingman?

I'd LOVE to see that battle in court. Of course, SP may never attempt it knowing it's a losing battle.

who's to say Kingman or BE want to fight them?? those companies are so large, they could easily eat the licensing fee and the customers probably wouldnt even know.

[robdamanii]

Could be true, but I'd imagine SP would want more money out of a larger company. Depends if they're asking for a percentage or a fixed royalty.

[baka]

Originally posted by gtrsi


the slaughter and near genocide of an entire people and a poor patent of a paintball product: dont ever make that comparsion again. Its just sick and wrong

please, don't misconstrue my words. The analogy i was making was about the Nazi party taking over other countries or how they made some countries (like France)sign forfit decrees(like SP makes some companies sign their crap), NOT anything about killing Jews, nor did i mean that by saying "their ways". don't wanna flmae anyone.

[Timmee]

Originally posted by robdamanii


You think Kingman or BE are going to sign with them?

You know how much money BE/K2 has to fight that? Or kingman?

I'd LOVE to see that battle in court. Of course, SP may never attempt it knowing it's a losing battle.

IIRC, SP will have to go after Brass Eagle and Kingman, otherwise their patent gets invalidated (it must be defended against ALL infringers).

[spantol]

You're confusing patents with trademarks. Patent enforcement is left to the owner's discretion.


Originally posted by Timmee


IIRC, SP will have to go after Brass Eagle and Kingman, otherwise their patent gets invalidated (it must be defended against ALL infringers).

[spadge67]

not trying to steal the thread, but this got me thinking, are patents worldwide? are people is europe safe from this? I noticed that theyre US patents, just curious, i assume they are worldwide, but not sure

[PissedGodzilla]

patents are not worldwide, I believe.

Does anybody know / is there any way to find out what these companies are settling for, like what the cost is, etc?

Thanks!

[DeeEight]

Originally posted by DiRTyBuNNy
Well..did anyone catch this part of the press release?



I think SP may discover that regulators in other countries aren't as easy to lie, cheat and steal from.

Canada's patent law requires a invention to be TRULY innovative and something that a reasonable average intelligence individual in the same industry couldn't think up themselves.

They wouldn't allow a broad patent on all electronic locks for example (and thus, all electronic paintball guns either), but would allow a specific design of electronic lock.

So SP could patent the impulse and shocker designs SPECIFICALLY, but not get a patent that covers the mere concept of electronically fired paintball guns.

I dunno about the UK but WDP already had a patent for the angel's there at the same time SP was patenting the shocker the original shocker. Except it was a patent specific to the angel design, not a broad patent attempt filed thru revisions to existing patents to circumvent patent laws.

As far as a european patent court would be concerned, they'd pay more attention to a UK patent holder than a US patent holder, so SP ain't got a hope in hell. European courts have already come down hard against microsoft in patent and antitrust suits.

[DeeEight]

Originally posted by RT pRo AuToMaG
I know for a fact that Dye and NPS have enough money to fight them, but appearently they saw some vaid points in the patent. The people on AO, although smart, probably don't know near as much as Dye, ICD, Eclipse, and NPS's lawyers do about patents, and I'd like to think that their lawyers know what's best.

I know for a fact then that you're a moron due to the above statement.

DYE did try and fight them and all their funds got sucked up by lawyer fees !!!

NPS didn't have to waste time fighting them, they distributed the product. And SP NEVER was going to sue NPS in the first place or charge them ANY fees as they are their largest US distributor.

[Bonx0007]

Originally posted by baka


please, don't misconstrue my words. The analogy i was making was about the Nazi party taking over other countries or how they made some countries (like France)sign forfit decrees(like SP makes some companies sign their crap), NOT anything about killing Jews, nor did i mean that by saying "their ways". don't wanna flmae anyone.

I, much like most on this forum, do not like what Smart Parts is doing to the industry. But, your analogy is off base. Your comparing a forfeit decree signed with the consequence of noncompliance being invasion and mass murder/genocide to a simple business ethics and law discussion. What happens if one day someone does fight Sp? What happens if a court finds them to be the legally entitled to what they have patented? Then what? It is my opinion that all paintball guns are too much alike in the first place. All electros seem to be a variation of what another one is. Yes, I shoot an emag. I like it because the valve design is unique when compared to other markers. I believe that it was designed that way due to the exact reason we are in this discussion right now. AGD did not want someone coming along and patenting the double tube design and killing all their business. With that spirit intact I believe that the lazy paintball manufacturers should be hitting the R&D room really hard and make the paintball industry even stronger with new innovative designs. There is more than one way to shoot a paintball. Personally I am tired of opening Pb magazines and seeing all the same guns being produced just with different triggers,grips,bodies, and barrels. Right now there are two many band wagon paintball gun companies, and this may be a way of scraping them off the hull of the progression of the sport.
On a side note, if Sp is found entitled to royalties for their design because of some loop hole in the law i would find that very unacceptable. As it is right now no one is absolutly sure what they are truly entitled to.

[thei3ug]

Originally posted by DeeEight


I know for a fact then that you're a moron due to the above statement.

DYE did try and fight them and all their funds got sucked up by lawyer fees !!!

NPS didn't have to waste time fighting them, they distributed the product. And SP NEVER was going to sue NPS in the first place or charge them ANY fees as they are their largest US distributor.

Don't get belligerent when correcting someone if you're wrong.

DYE didn't fight them until they went broke. Dye signed an agreement quid pro quo, licensing parts of their matrix valve design to SP.

[Bolter]

whos left for them to fight?

WDP
WGP
Kingman
Brass Eagle
Far East Dragons people (don't know name of company)

anyone know the full list?

[MarkM]

WGP would just stop production of the E-Ranger as they are covered through the agreement Planet have just signed with SP, so they (WGP) don't have to sign or fight a thing.
WDP, Kingman and BE are the main targets now and I suspect always have been but they (SP) have gone after the smaller people first and then they will have presidence as the others have all signed/stopped production. Within the UK/EU WDP will win the case however their sales are not dependant on the UK/EU but America, BE and Kingman could possibly do without America but time will tell.
System X might be gone after by SP but then Planet are more likely to do that as it is their product that System X have ripped off and the signing of the agreement with SP is actually an added strength to their case. BE and Kingman are sear tripper frames same as Planet but this may be enough to save them having to fight