[thelist] protecting self from crazy patents

M. Shane DeVault shane.devault at centurytel.com
Tue Jan 30 16:02:32 CST 2001

I don't think it's necessary to transfer liability.

Ebay, for example, is patenting something that is so generic only *their
code* can be used in the patent, since it was a pre-existing technology.

I mean, I couldn't patent a hammer--but I could patent a new kind of hammer.

Same with other things...I think litigation will get absolutely rediculous
before long...if it's not alreadyt here, but I don't think ebay will be able
to sue everyone who uses thumbnail images...that's jsut absurd.


----- Original Message -----
From: "Erik Mattheis" <gozz at gozz.com>
To: <thelist at lists.evolt.org>
Sent: Tuesday, January 30, 2001 4:30 PM
Subject: [thelist] protecting self from crazy patents

> Does anybody else here worry about potential liability for patent
> infringement? IE, Amazon's One-Click, the gif patent, eBay's pending
> patent on thumbnail galleries - yes indeed, check it out:
> http://pages.ebay.com/help/basics/g-gallery.html)
> I've been trying to come up with wording for a clause in my contracts
> to transfer potential liability to the client that doesn't read like
> I'm willfully violating a patent (er, wait - I am!)
> Does anybody have such a clause? Would appreciate it if it could be
> posted to list if so.
> --
> - Erik Mattheis
> http://gozz.com/
> (612) 827 3963
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