Is there any Intellectual Property Attorneys in the HOUSE!!!

[Ronin 23]

I have spoken in passing to my attorneys regarding this SP issue. What they've said to me gratis isn't too troubling.

What I find troubling is the response of those companies within the PB industry that are impacted the most. Is it because they individually have something up sleeves? Are they just totally missing the point? Do they really understand the implications of losing an easily defensible case?

Perhaps a PB-playing IP attorney can shed more interesting light to this matter. So if you are one, can you do some pro bono work here in AO and render your opinion?

Many thanks,
/s/ Mel C. Maravilla

[cphilip]

I have no details of the whole thing Mel...Tell us what YOU are hearing please. I am all ears!

[Steelrat]

Who can say what the hell is going on with the small morsels of information that have been doled out to us. All I've seen are posts like "SP is going to destroy the industry with a patent lawsuit! I can't say anything else about it." With no information, it is impossible to guess at how much chance the "lawsuit" really has. Who knows, maybe the lawsuit IS valid, and SP has been truly wronged. Thats what patents are there for in the first place.

When they give me some hard evidence, I will make my decision about boycotting Smart Parts.

[ZAust]

hmmm.. nps already agreed to sign the licensing agreement doohickey, so im guessing theres some validity to the case.

[-=Squid=-]

I have a feeling this is turning into a bigger deal than it is or ever will be...im not worried one bit about a damn thing happening to paintball.

[cphilip]

Originally posted by ZAust
hmmm.. nps already agreed to sign the licensing agreement doohickey, so im guessing theres some validity to the case.

Don't think you understand what NPS is and what they signed. It was a marketing agreement. Has nothing to do with a legal case against manufacturers and such. They distribute not manufacture. Even if they have the NPS name on them they were not made by NPS. So NPS would realy have nothing to lose either way...

Think of it this way... Sears has Ryobi and Black and Decker make Craftsman Power tools. If say one of the powertools was suddenly in violation (or claimed to be) of a copyright of the other the suit would stop Sears from buying them from that supplier but would not stop Sears from being Sears and buying them from someone else. The affected most party would be the manufacturer... not Sears.

Its totaly different thing. Has nothing to do with the Lawsuits.

[f3rr3+]

i dont know, im one of those people who, although i do think what they are doing is wrong because they are trying to monopolize the electro gun market, doesnt think it would be one bit bad if electro markers went away and became a thing of the past, then maybey games wouldnt be about who can shoot the most but who can play the best, and who can think the best on thier feet.

[Steelrat]

Hey cphilip, Zaust is just going by what he read in that other post. The whole thing is rather confusing, again due to the lack of information given out to us.

EDIT: If I read this, then I sure as heck would think it had something to do with the patent lawsuit:

Note the part about "make...products covered by Smart Part's patents?"

I got your back, Z

And, speaking just for myself, Id hate to see electronic markers go.

[845]

Yeah everyone seems worried about this thing but i have not seen anything to worry about. So they have a ridiculously broad patent. I will start worrying if they actually start suing companies succesfully.

[Ronin 23]

The critical thing that my attorney has said is that a patent "can not impede progress"....

I'm not at liberty to say who my sources are or what their perspective is but consider the following.

1. If the premise of my first paragraph is indeed true, then the patent will indeed "impede progress" and as such makes it highly contestable.

2. Amazing why B. Long/National PB, a member of the PSP clique 'buckled' so readily considering they're perceived as one of the (if not THE) richest companies in the industry. If they really wanted to fight it, they certainly could've. NPS entering into a licensing agreement with SP recently serves, at least from the onset of any legal action, to strengthen SP's contention thus validating their patent.

3. If the next company to capitulate is DYE/E-Gen (the Matrix people), also a PSP insider, then the appearance of collusion amongst this clique in the industry will become more apparent.

4. Indian Creek Designs has been quietly involved in a ligitation matter with SP for some time now concerning this very thing and I believe that the case will be heard this October. ICD was the first one picked on perhaps because they may be one of the smaller companies with an electro out in the market. In addition, it is my understanding that the legal action was undertaken by SP while Jerry Dobbins (ICD owner) was laid out in the hospital with a bad back....hmmm

5. ICD ought to be that "line in the sand" that the rest of the affected companies who aren't part of the clique (AGD, Kingman, WDP, Brass Eagle, ICD, WGP, Planet Eclipse, Rase, System-X, PMI, Tippmann, Center Flag, et al) should rally to. Why don't these affected companies establish a legal defense fund for ICD so that they can put an end to this nonesense once and for all....DON'T THESE COMPANIES UNDERSTAND THAT BY DOING SO, THEY'RE GAINING THE AFFECTION OF GRATEFUL PLAYERS WHO WOULD GLADLY SUPPORT THEIR EFFORTS TO KEEP THE COST OF ELECTROS DOWN. Wouldn't that 'affection' lead to more sales for these companies and result in less business for the collusionary clique?

6. A wise industry insider has told me that number 5 will never happen because it MAKES TOO MUCH SENSE....sad but I think that this person might be right on the money.

I hope that if there is an IP atty in the house, the premises that I've described above can be enough of a basis to formulate an opinion.......

[Steelrat]

I will not even worry then. If they win lawsuits, then the patent was probably valid. I understand that some developers chose not to patent ideas in the early days of paintball, but its just common sense that as paintball becomes more mainstream, and the industry grows, then normal business practices, i.e. patents, will be used.

Hell, I spent $40 for a friggin clamping feedneck. If the patent increases the cost a marker a few bucks, I'll pay. Sure, id rather not, but I like the game too much not to pay.

[cphilip]

Originally posted by Steeratt
Hey cphilip, Zaust is just going by what he read in that other post. The whole thing is rather confusing, again due to the lack of information given out to us.

EDIT: If I read this, then I sure as heck would think it had something to do with the patent lawsuit:



Note the part about "make...products covered by Smart Part's patents?"

I got your back, Z

And, speaking just for myself, Id hate to see electronic markers go.

I can understand the confusion and the agreement INCLUDES making some things but it's not just that and thats only a small part of it. In fact it is only one small part and does not affect them now anyway as they can walk away from anything else they had on the table. Not that they plan to Make them. Who knows. But they can now as well as many other things they can do... but note all the OTHER things it agrees too. Marketing and Distribution.

What would hurt more would be Manufacturers whose sole means of being is compelled to follow it. If NPS wants to hedge its bets it did. But the others who are just manufacturers would be more hurt by this than NPS. I think it stinks they signed that where that inclusion was but its so much less than what the other manufacturers would have to swallow.

[spydervenom]

Any gun that Nat'l owns the rights to is now safe from court.

we will see a price increase on them though.
-that being word from a timmy tech who never talks unless its set in stone.

[Ronin 23]

Consider this....

Originally posted by -=Squid=-
I have a feeling this is turning into a bigger deal than it is or ever will be...im not worried one bit about a damn thing happening to paintball.

Think about the smaller companies that can not afford the licensing fee, does their to put food on the table matter much then?

How's about the players....should they really be the ones to pay what is tantamount to a "tax" for the right to shoot an electro NOT made by SP?

This matter is not a trivial thing. It affects lives and wallets/pocket books. Not intending to sound sarcastic but, if you're not worried about it....well I am and so do many people who are directly affected by it.

[Ronin 23]

True that.....my brother.....true that!!

Originally posted by spydervenom
we will see a price increase on them though.
-that being word from a timmy tech who never talks unless its set in stone.

No doubt...and guess where the buck gets passed to..you and me buddy....YOU and ME.