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  1. #1
    ABW Ambassador
    Join Date
    January 17th, 2005
    In case you don't get Allan Gardynes newsletter, it is worth checking out the following:

    You May Be Next

    Apparently any affiliate marketers could be a target.

    Andy Williams

    Keyword DARTs - New search engine optimization software

  2. #2
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
    Join Date
    January 18th, 2005
    St Clair Shores MI.
    Round up all the attornies and ship them off to Antartica. Make them comute from there to any USA courthouse for their frivioulous law suits.

    "Obviously, the decision is not that easy. The defendants firmly believe that PanIP's patents do not cover their respective e-commerce sites or any other typical e-commerce web sites, and that the patents themselves will ultimately be invalidated by the Court. The defendants also believe that PanIP knows that it is likely to lose this case, and that it specifically targeted these Defendants because it believed that they would quickly pay a licensing fee rather than put up a fight. On the whole, the PanIP Central Distribution Defense Group sees this as nothing more than a modern extortion racket - using the federal patent law as a blunt instrument to extract a check that the plaintiff is not entitled to receive. The Southern California District of the Federal Court System, located in San Diego, also happens to be the busiest Federal Court in the U.S. Federal Court System. This is a court that has put into effect a self proclaimed Judicial Emergency. Judges there last year had the heaviest case loads in the nation; the court is inundated with cases resulting from the highest percentage of border crossing violations in the world, in addition to the crime associated with the human and narcotics trafficking that accompanies the border violations.

    Beyond the moral costs that would result from caving in to such threats, the pure economic comparison described above does not take into account any of the hidden costs of buying a settlement. The costs to society as a whole are extraordinary. If each of the current eleven defendants settled for $30,000.00, PanIP would receive a $330,000.00 windfall just for the cost of filing a few lawsuits. An easy settlement such as that would provide enormous incentive to continue. PanIP would undoubtedly return promptly to Court and file against another ten, twenty or a hundred more small companies, using its recent settlement to induce more and more companies to purchase a right that they already possess. Next, once the easy pickings of the smaller companies have been exhausted and their "war chest" is sufficiently lined, PanIP will move on to the larger and wealthier companies.

    We Need Your Support
    Dickson Supply Company, along with the majority of the other defendants sued by PanIP, has chosen to stand its ground and fight. Although settling out of court may be the easiest and least costly way out of this situation, it would be wrong. In doing so, however, these companies are taking on a financially daunting task, and are asking for support from the business community. There is absolutely nothing unique that distinguishes these eleven e-commerce web sites from thousands of other e-commerce sites around the country, so it is possible that should PanIP win this time, any business with an e-commerce site is equally likely to be the target of PanIP's next lawsuit. It is necessary to nip this extortion attempt in the bud - the small business community can not set a precedent now by backing down to bullies such as PanIP. The results would be disastrous.

    To provide others with more information about their situation, several of the other defendants sued by PanIP have set up a special web site containing information about the cases. The site includes a guest book / bulletin board, as well as an opportunity for interested parties to sign up with their e-mail address so that they may be kept informed of events in the case as new development arise. "The defendants want this web site to inform and serve as a wake-up call to the e-commerce community as well as to the consumer, who will ultimately shoulder the burden of a higher cost of goods. Action needs to be taken now to protect our current methods of business and to prevent "patent pirates" of the future from taking advantage of what they perceive as easy money situations. We welcome any ideas or assistance that other members of the business community may provide," said Allan Dickson."

    WebMaster Mike

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