[comp.sys.mac] Hypercard license Infringement !!

stores@unix.SRI.COM (Matt Mora) (09/21/89)

Today (9-21-89) I got a call from our pattent office
saying that SRI cold be held liable for patent infringement
because of hypercards scripting capabilities. 

A company called HyperZoom wants SRI to protect itself by buying
a license from them for about $10 a mac.

They say they got our name from MacWeek's list of the top 100 companies
that use macintoshes.

The patent covers something called zoomrect that they showed to apple
and after they shown it , scrolling fields were put into hypercard.

They say that its possible to infringe on the patent by using hyperTalk.
And to save SRI the hassel of checking all stacks that are created in house
or to be released commercially, that SRI should just buy a license from them.

Has any of the other companies received this letter?


-- 
___________________________________________________________
Matthew Mora
SRI International                       stores@unix.sri.com
___________________________________________________________

chuq@Apple.COM (Chuq Von Rospach) (09/22/89)

>Today (9-21-89) I got a call from our pattent office
>saying that SRI cold be held liable for patent infringement
>because of hypercards scripting capabilities. 

>A company called HyperZoom wants SRI to protect itself by buying
>a license from them for about $10 a mac.

>They say they got our name from MacWeek's list of the top 100 companies
>that use macintoshes.

>The patent covers something called zoomrect that they showed to apple
>and after they shown it , scrolling fields were put into hypercard.

>Has any of the other companies received this letter?

Many. HyperZoom has yet to prove anything to anyone, which hasn't stopped
them from trying to 'convince' people to send them 'licensing fees'. 

chuq (translate 'convince' to 'coerce' and 'licensing fees' to 'protection
money' and you get my feeling on the matter. There isn't any legal
indication that the patent is either valid or relevant...)


-- 

Chuq Von Rospach <+> Editor,OtherRealms <+> Member SFWA/ASFA
chuq@apple.com <+> CI$: 73317,635 <+> [This is myself speaking. I am not Appl
Segmentation Fault. Core dumped.

alms@cambridge.apple.com (Andrew L. M. Shalit) (09/22/89)

In article <3710@unix.SRI.COM> stores@unix.SRI.COM (Matt Mora) writes:

   [stuff deleted]

   The patent covers something called zoomrect that they showed to apple
   and after they shown it , scrolling fields were put into hypercard.

I think the patent was on a product call 'ZoomRacks' for the Atari ST,
not 'zoomrect'.

  -andrew

amanda@intercon.com (Amanda Walker) (09/22/89)

In article <3710@unix.SRI.COM>, stores@unix.SRI.COM (Matt Mora) writes:
> Today (9-21-89) I got a call from our pattent office
> saying that SRI cold be held liable for patent infringement
> because of hypercards scripting capabilities. 
> 
> A company called HyperZoom wants SRI to protect itself by buying
> a license from them for about $10 a mac.

They've actually been doing this for a while.  They make a product (for PCs,
last I knew) called "ZoomRacks", which has a few similarities to HyperCard,
notably a "card" metaphor and some scripting capabilities.

What they claim to have a patent on is a "rack-of-cards" metaphor, and instead
of trying to take on Apple about HyperCard itself, they are trying to get
anyone whose stack might infringe on this patent to pay them a license fee.
They think of anyone writing HyperCard stacks to be fair game.

As for me, I'm pretty skeptical.  Even for a computer patent, this seems
to be stretching things pretty far...

Anyone have more concrete information?

--
Amanda Walker
amanda@intercon.com

lemay@lorelei.Sun.COM (Laura Lemay) (09/22/89)

In article <3710@unix.SRI.COM>, stores@unix.SRI.COM (Matt Mora) writes: 
> A company called HyperZoom wants SRI to protect itself by buying
> a license from them for about $10 a mac.


Wow.  What a **scummy** thing to do.  I agree with Chuq; this is nothing
but a thinly veiled protection gambit.

Even if HyperZoom's patent *was* infringed, it seems extremely doubtful
that any scripters would be legally liable.  *Apple* would be the one
who would be liable -- perhaps HyperZoom is just too afraid to sue them
(and with just cause, too), so they're going after the users instead??

Thats like if someone had a patent on the daisy-wheel suing every
one who owns a typewriter.  

(not than anyone actually USES a typewriter anymore :-) :-)


-Laura Lemay			lemay%lorelei@sun.com
Redhead.  Drummer.  Geek.

gz@spt.entity.com (Gail Zacharias) (09/22/89)

>They've actually been doing this for a while.  They make a product (for PCs,
>last I knew) called "ZoomRacks", which has a few similarities to HyperCard,
>notably a "card" metaphor and some scripting capabilities.

Sounds to me like HyperZoom's just trying to protect the look and feel of
their product.  I hear somebody's been workin' hard to establish a legal
precedent for that sort of thing.

--
gz@entity.com					...!mit-eddie!spt!gz
	 Now let's all repeat the non-conformist oath.

kazim@Apple.COM (Alex Kazim) (09/23/89)

In article <3710@unix.SRI.COM> stores@sri-unix.sri.com (Matt Mora) writes:
>
>The patent covers something called zoomrect that they showed to apple
>and after they shown it , scrolling fields were put into hypercard.

I guess I'm a little confused here.  A zoomrect, to me, means the 
zooming rect that everyone sees from the Finder.  

A scrolling field?  How is that different than, say, SFGetFile()?

And if there really is a patent problem here, shouldn't they be suing Apple?
And if we did need a license, shouldn't we have gotten one that covered
everyone who used Hypertalk??

Wow.  I guess lawyers are worth something.

BTW:  I HAVE NO CONNECTION WITH THE HYPERCARD TEAM OR APPLE LEGAL.  I'M
JUST MOUTHING OFF AND I HAVE NO REAL IDEA WHAT I'M TALKING ABOUT!!!!

Disclaimer enough?

====================================================================
Alex Kazim, Apple Computer
"We don't use it as tool.  We use it as a weapon."
-- Some broker talking about his Mac at the Product Intro.

rob@uokmax.ecn.uoknor.edu (Robert K Shull) (09/23/89)

In article <210@spt.entity.com> gz@entity.com (Gail Zacharias) writes:
>Sounds to me like HyperZoom's just trying to protect the look and feel of
>their product.  I hear somebody's been workin' hard to establish a legal
>precedent for that sort of thing.

Who could this be? I can't think of any company that's suing (or threatening
to sue) the PURCHASERS of another company's product. I always thought you
sued the MANUFACTURER for infringement.
-- 
Robert K. Shull
chinet!uokmax!rob			sun!texsun!uokmax!rob

harry@ngc.UUCP (Harry Saal) (09/23/89)

I am not an attorney, and am not attempting to argue for or against the
patents in question or the tactics being used. But I am reminded of
when I first learned of Olaf Soderblom's efforts to collect royalty
fees for systems incorporating technology he claimed was in a patent issued
many years ago.

1. Everyone couldn't believe this could happen. After all, the technology
was already part of an IEEE standard, and he was demanding royalties!

2.  He did NOT attempt to collect fees from the IC vendors that built
silicon according to the IBM/802.5 spec; he went after all companies
that built boards and/or systems that included said chips. (Does this
sound familiar now?)

Now, several years after pursuing the above strategy, virtually all of
the vendors of Token-Ring technology have signed some form of license
agreement with him. Details (unfortunately) aren't disclosed about
individual fee structures, etc.

gz@spt.entity.com (Gail Zacharias) (09/23/89)

rob@uokmax.UUCP (Robert K Shull) writes:
>In article <210@spt.entity.com> gz@entity.com (Gail Zacharias) writes:
>>Sounds to me like HyperZoom's just trying to protect the look and feel of
>>their product.  I hear somebody's been workin' hard to establish a legal
>>precedent for that sort of thing.
>Who could this be? I can't think of any company that's suing (or threatening
>to sue) the PURCHASERS of another company's product. I always thought you
>sued the MANUFACTURER for infringement.

That's just an implementation detail.  The important question is whether or
not they've got certain "rights" wrt a product just because it uses the same
pictures and metaphors that they do.  Once that's granted, they can try to
collect using whatever imaginative strategies their lawyers and accountants
can come up with.

--
gz@entity.com					...!mit-eddie!spt!gz
	 Now let's all repeat the non-conformist oath.