What is this all about?
You may have heard of the infamous '400 patent. ( US Patent
6,754,400 ). Anyone with knowledge considers it junk. It's
almost as if they just copied Quicktime, iPix and various
common virtual tour practices, wrote them down and claimed
they invented it all -- in 2001. They sent it off to the US
Patent office never acknowledging the existing "prior art."
The patent examiners never noticed it so they gave them the
patent.
An outfit called Tour Technology Systems, LLC (TTS) now owns
the patent and is using it to demand money from our clients
including hotels, builders, realtors, media companies,
anybody who uses 360 images and tours. TTS's lawyer sends
them a letter saying their use of 360 virtual tours
infringes TTS's patent and demands significant money for
their continued use or they will take legal action.
Clients freak out. It is, after all, a real patent. Even
when clients learn that they are protected, for instance
IPix customers are protected by the IPix patents, it doesn't
matter. The cost of defending against the '400 patent is too
great. Sometimes they get mad at us (the photographers and tour producers) for putting them in this
situation. Usually they take down the tours rather than pay
the ransom and swear never to use 360 VR again. And they
often warn others in their industry to do the same. One
photographer I know recently lost a client worth $50,000
because of this.
The more you read the more outraged you will be. Just Google
"Patent
6,754,400".
If you haven't lost a client over this prepare yourself. By
our estimation there are easily dozens of photographers who
have been hit financially and many times more seeing the
threat to their clients. Anthony Handal, lawyer for TTS,
tells us he is just getting started.
What if you don't sell your 360 images? There is nothing to
stop TTS from going after PTGui, KRPano, Pano2VR, FPP,
EasyPano... any software that produces 360 images since the
technology they all use is ostensibly covered by the '400
patent. It is just a matter of time.
What can you do?
The effort needs funds and help researching and
preparing documentation.
IVRPA (International Virtual Reality Photography
Association) is sponsoring the move to stop the '400 patent.
Work done so far by our lawyers makes us confident that we
can succeed. But it will take money, some $20,000. Therein
lies the problem. TTS knows that the cost and time of
challenging their patent is too great for most companies. It
is easier and cheaper to just fold.
If we all band together to finance this we can all reap the
benefits. If we don't... expect a hit -- maybe a huge hit --
to your pocketbook and passion one way or another. It's just
a matter of time. Your choice: Together we win. Separately
doing nothing we all lose.
IVRPA is contributing what it can to this effort but there
is no way the organization can do it all. We just aren't
that big. We need your help to make this happen, IVRPA
member or not.
Donate Now
Put this into perspective, if you lose just one
client, one 360 virtual tour job, how much will
that cost you? How much would you pay to prevent this?
Documentation: We need proof that methods and
technology covered by the '400 patent were in use before the
patent was submitted (Feb. 6th, 2001). We already know the
pre-existing patents. Software manuals, magazine articles,
books etc that describe all this would be great if they were
clearly published before the '400 patent application .
Please contact Scott
Witte if you have these.
Your Stories: Have you or your clients been affected
by the '400 patent? We need as much intelligence as possible
about what Handal is doing, who is he approaching and what
have been the result, especially any settlements made.
Please contact Scott
Witte directly with this information.
Please. Let's all do our part! If you can, a significant
part.
(Note: If you prefer, and especially for large
contributions, you may wire money directly into the IVRPA
Patent Fund account. Contact Scott Witte for more
information.)
Scott Witte
IVRPA board member
Coordinator, patent committee.
On Behalf of the IVRPA Board of Directors
|