Legal Issues

Legal Issues

by Mike Masnick


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Now It Turns Out That Burning CDs Is Patented As Well

from the how-is-that-not-obvious? dept

Because the day just isn't complete unless another silly patent lawsuit is filed, Optima Technology now believes that they own a patent on CD-burning and are suing Roxio for refusing to license their patent. This fits in with plenty of other patent lawsuits that have been showing up recently which clearly demonstrate just how off-course our patent system has become. The purpose of a patent is to protect and encourage innovation. The idea behind CD-burning is not innovative, and Roxio didn't come along and steal the idea from Optima. There are simply too many cases these days of some company sitting on a patent until someone else discovers the same thing and then suing them. How that "encourages" innovation is beyond me. Meanwhile, Optima says they basically plan to sue anyone who has anything to do with CD burning unless they all come running to license the patent.

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  1. No Subject Given

    by Sam Moses - Dec 16th, 2003 @ 7:02am

    Sounds like blackmail to me. Hey, isn't blackmail illegal? Something to ponder...

    (reply to this comment) (link to this comment)

  2. The patent is in the structure, not the medium

    by Anonymoose Cow-ard - Dec 16th, 2003 @ 7:15am

    It looks like the patent covers a technique used to create a directory structure on the CDROM whereby you can store a newer version of a file that's already included on the CDROM and the Operating System will only see the most recent copy of that file. This only works with CDROM recording software that leaves the CDROM "open" for further writing. It's quite possible that ROXIO and other are violating this patent.

    It doesn't appear that this patent covers CDROM recording/encoding standards such as ISO-9660 so recording in those standard formats ONLY should be safe from the patent.

    (reply to this comment) (link to this comment)

  3. Re: The patent is in the structure, not the medium

    by Doug - Dec 16th, 2003 @ 8:47am

    My quick scan of the patent suggests that it is fpr what we now call "fixed-length packet UDF", used almost exclusively on CD-RWs (and I think RW variants of DVD).

    From what I can tell, the OSTA released the specs for fixed-length packet UDF, and Ricoh claims to have made the first CD-RW drive, both in February of 1997. This patent was filed in April 1995.

    There also seems to be more here than meets the eye. The patent lists the inventor as Raymond Martin, with the patent assigned to Optima. Martin left Optima, apparently to go to EZ-Data, and Optima sued Martin and EZ-Data (and apparently won) for patent and trademark violations. That suit seems to have also involved another former employee, Michael Decorte, who subsequently hijacked Optima's domain name.

    (reply to this comment) (link to this comment)

  4. Re: The patent is in the structure, not the medium

    by LittleW0lf - Dec 16th, 2003 @ 5:32pm

    It doesn't appear that this patent covers CDROM recording/encoding standards such as ISO-9660 so recording in those standard formats ONLY should be safe from the patent.

    Good, since the article gives the impression that ISO-9660 is what they are talking about, not UDF. However, The Register does a much better job, though it is still confusing as to what activity the patent really covers.

    (reply to this comment) (link to this comment)

  5. Re: The patent is in the structure, not the medium

    by Robert - Feb 8th, 2005 @ 9:54am

    I liked what you wrote and your right on the money about that patent that Optima holds, lets chat,Dougcel@yahoo.com

    (reply to this comment) (link to this comment)

  6. Re: The patent is in the structure, not the medium

    by Doug - Feb 8th, 2005 @ 9:56am

    Lets chat regarding Optima's patent as your are right on the money about it, Dougcel@yahoo.com

    (reply to this comment) (link to this comment)

  7. by Ann - May 15th, 2008 @ 10:54am

    as far as i am concerned what does it matter that theese men have found something new. my father was one of the people who helped to create what you are all critiqueing. why dont you all find something to keep you bust for the next however many years and shut your mouth, lets see you do something amazing like they did. ray continues to be very good friends and i never want that to change. they are both good men and personally you would not know that because you have never met either of them. i on the other hand have. mind your own buisness and find another hobby!

    (reply to this comment) (link to this comment)

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