Update to
E-Data sues Getty Images and Corbis
Some months later those people finally begin to understand what this could mean... . However, it is funny to see how companies who do not want to talk about alterations of the copyright (not to mention Jason Calacanis from Weblogs. Inc.), feel strictly offended by the E-DATA patent. PACA (Picture Archive Council of America) writes:
Freeny Patent: An Industry Threat?
Many delegates of the recent CEPIC Conference in Denmark were shocked and surprised to find what they believed to be a wolf in their midst, Koos Rasser. Mr. Rasser represents Edata, the company which owns the Freeny patent.
He had been invited to speak at CEPIC's opening ceremony by the CEPIC Conference organizers at the suggestion of journalist, Jim Pickerell who has consulted on the matter for Edata. Rasser spoke Friday morning on the Freeny Patent – readers of Nancy Wolff's Legal Updates will be aware of this yet unvalidated patent. Edata seeks royalties from all those who use its "patent" in internet transactions. Consequently, Edata has a financial interest in asserting the validity of the Freeny Patent and in claiming it is infringed by almost any company that delivers content from a server to a recipient computer. Examples used in Rasser's presentation were music providers that permit downloads of music and picture libraries that permit downloads of imagery after registration. The patent actually expired last year in the USA and will expire at the end of the year in Europe. However, Rasser asserts that Edata can sue any infringer for past uses and encouraged all CEPIC members to learn about the patent and seek "amnesty" from Edata. Edata recently brought a lawsuit against both Getty and Corbis. This is Nancy Wolff – PACA's Legal Counsel's comment:
"I have been following the Freeny Patent claim for the past few years. I asked Mr. Rasser if there was any court decision affirming the validity of the patent and he confirmed that no court had decided the validity. I recently contacted both Corbis and Getty on behalf of PACA after learning of the lawsuit in Texas and both companies stated that they plan to vigorously fight the claim and had doubts as to its validity."
Both PACA and CEPIC members should act together as an industry in addressing this threat. If you receive any communication from Edata – please refer this to PACA. Nancy has suggested that PACA Members do not respond to any letters from Edata. Until the recent suit against Corbis and Getty, no other company has been sued. (by PACA)
What exactly are you saying my position is? I don't understand.... best jason
Posted by: Jason Calacanis | Sunday, July 04, 2004 at 04:33 AM
@Jason:
I simply have to admit that your approach in your first post on your site regarding copyright is right. Had been overreacting, my fault.
We all have to find new rules for this topic in the "blogosphere".
Got something in my mind, will mail you later.
Posted by: Phototalk | Sunday, July 04, 2004 at 09:26 PM