EziMerchant and US Shopping Cart patents

[duettomotors]

Here in the US, a lot of companies are getting sued over patent infringement for using shopping cart software (like Amazon.com--see http://news.zdnet.co.uk/internet/ecommerce/0,39020372,39147408,00.htm).

If the patent holders came after me, what is my liability with Ezimerchant, would they go after OnTechnology for making the shopping cart program, or after me for using the software?

[bcarroll]

In my experience people only sue people with the $. Whats a better return - putting cash and resources into sueing Amazon with the potential for Millions in damages or getting a few thousand off a small merchant in a far off country operating under different laws.

In the first instance even if they did choose you they would give you an option to pay a licence fee before issuing a cease and decist order - which would give you plenty of time to assess your options. Im not a lawyer but I don't think there is much of an issue for entities with turnovers less than $100 mill or so

[dferguson]

There are a LOT of websites out there with shopping carts and billions of dollars are traded using those shopping carts every year. We are keeping an eye on the situation but for the moment I wouldnt worry.

The Australian government has been made aware of the issue - Refer to the following article by Senator John Tierney Wednesday 20 August 2003 - <a href="http://www.senatortierney.com/speeches/show.asp?id=818">http://www.senatortierney.com/speeches/show.asp?id=818</a>

You can view his home page by visiting <a href="http://www.senatortierney.com">http://www.senatortierney.com</a>

[niko]

Any update on this issue?

[dferguson]

Niko

Did you see the date of my post?

[niko]

I sent an e-mail to DE a few days back and today this is the reply.

"The Australian patent was issued and sealed last year and has been in force since. While you and others criticise your research is very inaccurate. You live in a first to file country which by default allows large corporations to steal small firms technology by publishing all of the source codes and secret informations. This is why microsoft protects to the markets disadvantage the source code under 'trade secrets" legislation. Of course they could have never gotten a patent in the first place since Zerox invented the graphical interface.

Not only is the Australian patent in force but so are the U.S. patents which will be used to stop the rampant piracy by blocking importation of Australian products sold to U.S. firms or consumers on computer systems that infringe the U.S. Patent 6,460,020 after being tried at the ITC or U.S. Patent court. It is a shame that countries who benefit from our consumer economy do so by "stealing" others works and "cheating" on their trade agreements.

our patents carry the same weight and enforceability as any of IBM's 3300 patents that we issued to them just last year alone. I think you like so many others half not a clue who you pay via software licenses nor do you have a rudimantary grasp of international trade and the 5 trillion dollars that banks made moving 45 trillion of transactions. These numbers may be large for an Aussie to comprehend but then that is my point, you have no idea about the real theives in this business and how much technology they have stolen from the rightful inventors.
Management"