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  1. #1
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    Read1 Bytephoto & Reflections by Ruth Prevail!!!

    May 22, 2015

    Victory: Photo Hobbyist Prevails Over Junk-Patent Bully



    Garfum Abandons Case Against ‘Vote-For-Your-Favorite’ Online Competitions
    Camden, New Jersey – Patent bully Garfum has abandoned its lawsuit against an online photo hobbyist, just one day after a federal judge set the date for a face-off in court against lawyers for the Electronic Frontier Foundation (EFF).

    EFF together with Durie Tangri LLP represent Bytephoto.com, which has hosted user-submitted photos and run competitions for the best since 2003. In 2007, a company called Garfum.com applied for a patent on the “Method of Sharing Multi-Media Content Among Users in a Global Computer Network.” The patent takes the well-known concept of a competition by popular vote and applies it to the modern context of generic computer networks, and Garfum claims that it covers the rights to online competitions on social networks where users vote for the winner—despite the fact that courts have ruled that this kind of abstract idea using generic computer technology cannot be patented.

    Garfum used this patent to accuse EFF’s client of infringement, filing a federal lawsuit without warning. EFF moved to dismiss the complaint earlier this year, arguing that the junk patent should be declared invalid.

    But after all the briefing had been completed and just one day after the court scheduled a hearing on the motion to dismiss, Garfum capitulated: it dropped its case with a promise not to sue Bytephoto.com again rather than defend its patent before a judge.



    “We’re pleased that Garfum has abandoned its claims against our client. But it’s a travesty that this case was ever filed in the first place,” said EFF Staff Attorney Daniel Nazer, who is also the Mark Cuban Chair to Eliminate Stupid Patents. “Our client began running online ‘favorite photo’ competitions years before this patent was filed. The idea that you could patent this abstract idea, find innocent enthusiasts online and demand settlement money—and then slink away once challenged and before the court issues a ruling—goes against any sense of fair play.”


    “Patent bullies count on not having to defend their weak patents in a court of law. They drive up costs with baseless lawsuits and then bow out before getting a decision they don’t like,” said EFF Staff Attorney Vera Ranieri. “So while we are glad our client doesn’t have to worry about Garfum anymore, there’s still a lot of work to do the fight against bad patents.”


    Joe Gratz of the law firm Durie Tangri LLP and Frank Corrado of Barry, Corrado & Grassi, PC are co-counsel with EFF.
    For more on this case:
    https://www.eff.org/cases/garfum-v-reflections-ruth



    Contact:


    Daniel Nazer daniel@eff.org
    Staff Attorney and Mark Cuban Chair to Eliminate Stupid Patents

    Vera Ranieri vera@eff.org
    Staff Attorney

    Related Cases

    Garfum v. Reflections By Ruth

    https://supporters.eff.org/donate
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    ______________________________________
    Sometimes I do get to places just when God's ready to have somebody click the shutter. -Ansel Adams

  2. #2
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    THAT'S JUST WONDERFUL!!! Nancy and I send our congratulations for a fight well fought and are glad that this long ordeal is finally over for you.
    I am almost always wrong so ignore my suggestions. Henry

    www.treasuresofpa.com. ... www.hrowan.com

  3. #3
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    That is awesome. One for the good guys. Thank You for standing up for what is right!!!!!!


    CHEERS!!!!!!!!!!!!

  4. #4
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    Yeah way to go guys - brilliant news!

  5. #5
    Dogbert is offline Bytephoto Supporter /
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    love it

    this is great news and i feel you deserve a hearty high five ruth. thanks for taking this absurd suit the distance. all the best to you. (Animated)" smilieid="22" class="inlineimg" border="0">

  6. #6
    Kiki_Kjaer is offline POTQ 1st Place 2014 /
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    This IS indeed good news. Congratulations, both on this outcome and for beeing so brave.
    I don't know much about this kind of ordeal, but I hope you get all the money back that you put into this.

  7. #7
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    Congratulations guys.
    I had a similar thing happen a few years ago. A subsidiary of a huge law firm Davenport Lyons tried to take numerous people to court for illegally downloading software, unless they paid money to appease the software company.
    A lot of people ,although innocent, paid up for fear of incurring substantial legal bills. Then a group of people, including myself, took them on and won. It was infuriating that the organisation then walked away with no penalty for what they had done, making innocent people suffer (financially and mentally) for their own greed. They should have been locked up!
    Last edited by Gesta; May 23rd, 2015 at 06:44 AM.

  8. #8
    Good Guys 1, Scumbags 0. Excellent!

  9. #9
    Best news of the day!!! Glad you were able to fight it and win!!!!!!
    Ellen

  10. #10
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    Marvelous news, Ruth, & Steve! Your to be complimented both in your determination to fight the wrong, and, principle in general! Perhaps this effort will deter other unscrupulous from similar attempts! A big CONGRATULATIONS!

  11. #11
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    Congratulations!

    Yeeaaayyyyy!!!!!

    Thanks a bunch Ruth & Steve for all your time (and undoubtedly, expense) on this. On one hand, I am delighted for you that the scum dropped their suit, while on the other hand, it is too bad they dropped it before getting hammered in court, since that may leave them free to pusue the same tactic with other sites similar to Bytephoto...

  12. #12
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    thanks everyone, it's been a long battle both financially, emotionally and physically. Thanks for telling your story Gesta/Geoff, and good job on fighting your case.


    If you are my friend over on Facebook, you will know my laptop crashed on me a few days ago. Steve is now loading Windows365 onto it so I have access to create this weeks winning graphics etc.
    All my data is fine, it was the 3 year old laptop that really went kaput
    Pbase.com/ReflectionsbyRuth
    Facebook.com/ReflectionsbyRuthPhotography
    ReflectionsbyRuth.com
    Facebook.com/Bytephoto

    ______________________________________
    Sometimes I do get to places just when God's ready to have somebody click the shutter. -Ansel Adams

  13. #13
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    Congratulations, Ruth, great warrior that you are!!! It's so discouraging to see the Law used by profit-mongering idiots, and so heartening to see the Davids of this world prevail. I can't imagine the stress you've been under, and can only thank you in the name of all who'll benefit from your fight. So again thanks, Mrs and Mr Bytephoto!

    Cheers,
    Kay (KayB)

  14. #14
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    Melbourne
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    Contest Winner Great Win !!

    Excellent news Ruth 

  15. #15
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    Congratulations Ruth. I glad it's all over for you now. You are a very brave woman x
    Kalena

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