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Reyes are at it again
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PhilC
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Joined: 23 Aug 2005
Posts: 4530
Location: Lawrenceburg Kentucky

PostPosted: Fri Mar 16, 2007 1:57 pm    Post subject: Reyes are at it again Reply with quote

I have today received a legal document from Reyes Infografica the owners of Virtual Fashion, insisting that I stop selling the Clothing Designer. The text of the document is in the next post.

Please note that the Clothing Designer is simply a Poser Clothing model containing morphs. If you took the P4 cat suit and created some morphs in it with the Poser magnets you would have something technically identical to the Clothing Designer.

When Reyes first contacted me I repeatedly asked them for their Patent number in question. The kept fobbing me off. I and others searched for the patent but no one could find it. All communication regarding their patent referred to a process. The Clothing Designer is not a process it is a Poser clothing model containing morphs. Now six months later they serve legal notices.

If you are a merchant and if your clothing contains morphs you may want to ask Reyes if that is OK because apparently they hold the patent.

The income I receive from the Clothing Designer hardly warrants the retention of an International Patent lawyer (yah think!). I am therefore prudently suspending its sale.
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PhilC
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Joined: 23 Aug 2005
Posts: 4530
Location: Lawrenceburg Kentucky

PostPosted: Fri Mar 16, 2007 1:58 pm    Post subject: Reply with quote

Mr. Phil Cooke 104 Seminole Court Lawrenceburg, KY 40342 U.S.A.
22nd February 2007

Dear Mr. Cooke,

RE: INFRINGEMENT OF SPANISH PATENT NO. 200300040 "METODO ASISTIDO FOR ORDENADOR PARA DISENAR PRENDAS DE VESTIR" IN THE NAME OF REYES INFOGRAFICA, S.L.__________________________
We are the owners of Spanish patent no. 200300040, whose title is "METODO ASISTIDO POR ORDENADOR PARA DISENAR PRENDAS DE VESTIR". It has a filing date of 31st December 2002, and a date of grant of 20th September 2005, and it is in force.
The priority of said Spanish patent has been claimed in PCT patent application no. PCT/ES03/00277 (publication no. WO2004/057988), which was entered in the national phase in the U.S.A. (U.S. patent application no. 11/172,586 -publication no. 2006/0015208- for "COMPUTER-ASSISTED METHOD FOR DESIGNING GARMENTS") and in Japan (Japanese patent application no. 2004-563225). In addition, said PCT patent application entered the European regional phase (European patent application no. 03730216.3; its publication no. is 1 595 465). Reyes Infografica, S.L. is the applicant of said Japanese and European patent applications, and the assignee of said U.S. patent application.
We have learned that you are offering a product which consists of a computer program called "Clothing Designer" or "Clothing Creator". Said program is downloadable in any part of the world (including Spain) from your web site www.philc.net.
Said product uses the method which is claimed in said Spanish patent, or is a means for putting said method into practice, and, therefore, you are committing infringing acts of said Spanish patent, according to either Article 50 or Article 51 of the Spanish Patent Law (Ley 11/1986, de 20 de marzo, de Patentes -that is, Law 11/1986, of 20th March 1986, on Patents-), whose English translation is as follows:
"Article 50. A patent shall give its owner the right to prevent any third party from undertaking the following acts without his consent:

(a) manufacturing, offering for sale, putting on the market or using the product that is the subject matter of the patent or importing or possessing the product for one of the above-mentioned purposes;
(b) making use of a process that is the subject matter of a patent or offering such use when the third party is aware, or the circumstances make it obvious, that use of the process without the consent of the patent's owner is prohibited;
(c) offering for sale, putting on the market or using the product directly obtained by the process that is the subject matter of the patent or importing or possessing the said product for any of the above-mentioned purposes.
Article 51. - 1. A patent shall also entitle its owner to prevent a third party from handing over or offering to hand over to unauthorized persons without his consent elements related to an essential part of the invention to be used for putting the invention into effect, when the third party knows, or the circumstances make it obvious, that such elements are capable of putting the invention into effect and are to be used for that purpose.
2. The provisions set out in the preceding paragraph shall not apply when the elements referred to are products commonly to be found on the market, unless the third party incites the person concerned to commit acts prohibited in the preceding paragraph.
3. Persons committing the acts specified in subparagraphs (a) to (c) of the following Article [which deals with the limits to patent rights, and which is not relevant in the present case] shall not be considered to be persons authorized to work the invention within the meaning of paragraph 1, above."

You will naturally understand that we cannot tolerate your infringing acts.

Furthermore, we have strong reason to believe that you have copied the computer program developed by Reyes Infografica, S.L. and marketed with the names "Virtual Fashion Basic for Poser" and "Virtual Fashion Pro for Poser", which, apart from any patent protection, enjoys copyright in Spain and in any country member of the Berne Convention for the Protection of Literary and Artistic Works. Therefore, your product, referred to above, is also an infringement of the copyright of Reyes Infografica, S.L., according to Article 17 of the Spanish Copyright Law (Real Decreto Legislativo 1/1996, de 12 de abril, por el que se aprueba el Texto Refundido de la Ley de Propiedad Intelectual aprobado por Real Decreto Legislativo 22/1987, de 11 de noviembre, que regulariza, aclara y armoniza las disposiciones legales vigentes sobre la materia -Royal Legislative Decree 1/1996, of 12th April 1996, which approves the Consolidated Text of the Law on Copyright approved by Royal Legislative Decree 22/1987, of llth November 1987, which orders, clarifies and harmonizes the legal provisions in force on this matter-, as amended). The English translation of said Article is as follows:
"Article 17. The exclusive exercise of the rights of exploitation of its work in any manner belongs to the author, and, in particular, the rights of reproduction, distribution, public communication and conversion, which cannot be done without his authorization, except in the cases provided in this Law."
Therefore, you are demanded to:

1.- Acknowledge that you have been hereby formally notified of the existence and status of Spanish patent no. 200300040 "METODO ASISTIDO FOR ORDENADOR PARA DISENAR PRENDAS DE VESTIR".
2.- Undertake in a document executed before a notary public and legalized up to a Spanish consul or by way of the Hague Apostille, to cease any use of the method which is the subject-matter of said Spanish patent, and/or not to supply to any third party elements related to an essential part of the patented method, and, in particular, to discontinue the offering and, in general, any use of the computer program accessible in your web site with the name "Clothing Designer" and/or "Clothing Creator", and not to do any such or equivalent acts in the future.
3.- Provide in a document executed before a notary public and legalized up to a Spanish consul or by way of the Hague Apostille, the amount of the sales in Spain of said product, so that the corresponding compensation for damages be calculated.
4.- Acknowledge that you have been duly notified that, in case of breach of the duties mentioned in the preceding paragraphs within one month from the date of receipt of this letter, Reyes Infografica, S.L. will exercise the legal actions in Spain which may be convenient or of assistance for protecting its rights, including criminal actions (available in particular under Article 273 of the Spanish Criminal Code -Codigo Penal-, with respect to patent infringement, and under Article 270, with respect to infringement of copyright).
This letter is being sent to you via a notary public, so that it there may be proof of its receipt and contents, for litigation purposes.
Yours faithfully,
JavieiKEo
pez Blanco

ilTHM FOR CONDUCTO NOTARIAL ACTA N Jose Manuel Garcfa Collates Notario de Ma
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BetterThanLife



Joined: 12 Jan 2007
Posts: 255

PostPosted: Fri Mar 16, 2007 3:14 pm    Post subject: Reply with quote

You have got to be kidding. They are claiming this is a clone of Virtual Fashion Basic? As near as I can tell, (I don't own Virtual Fashion Basic, the hype and the specs didn't match.) Virtual Fashion Basic doesn't even come close to the way this works.

I don't think they even know how CD works. So if I create clothing in Hex, I am also violating their patent?

The most important question is where does this leave those of us that purchased CD? Are the clothing I create in it, subject to the same nonsense?
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NyGuy



Joined: 30 Dec 2006
Posts: 1062

PostPosted: Fri Mar 16, 2007 3:27 pm    Post subject: Reply with quote

In My opinion I think Reyes is loosing money because of of PhilCs products. As far as i am concered on VF it is fine product but lacks any support!


This would be like EF trying to stop Daz from continuing distributing DazStudio.
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nghayward



Joined: 19 Dec 2006
Posts: 2
Location: uk

PostPosted: Fri Mar 16, 2007 4:53 pm    Post subject: Reply with quote

Anyone who wants to see the patent can do so here:-

http://v3.espacenet.com/textdoc?DB=EPODOC&IDX=ES2211357&F=0
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BetterThanLife



Joined: 12 Jan 2007
Posts: 255

PostPosted: Fri Mar 16, 2007 8:20 pm    Post subject: Reply with quote

After reading the Patent, I am no lawyer, they appear to be trying to cover anyone that wants to make clothing from a quicksuit. Or for that matter from the dev cr2 and obj of any character whether they have the rights to that particular geometry or not. Because, regardless of the fact that this has been the way people have been making Poser clothes since there has been Poser content, they own the rights to be the only ones to make clothing that way. Based on what I am reading, Phil is right, there are very few ways to make poser clothing without violating this patent.

I also wonder if they have purchased the license to make these "Molds" (aka bodybags) of Daz's or E-F's characters. Because otherwise Daz could put them out of business for infringement. (And Daz does have the money to hire a patent attorney.)

This nonsense is bad for the Poser industry. I don't think Phil should have to fight it, but I think it would be in the best interest of the community for the big guns, (In particular, Daz, Renderosity, RDNA, and CP) to nip this in the bud, because they can pretty much go after 90% of the merchants with this methodology and bring the industry to a halt.
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Indoda



Joined: 26 Aug 2005
Posts: 46

PostPosted: Sat Mar 17, 2007 4:25 am    Post subject: Reply with quote

Sabre rattling - another blow for the 'little man' Sorry to hear you've suspended the sale of CD although you're wise to be cautious. Good luck, I'm sure you can produce something just as useful.
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HAWK999



Joined: 24 Aug 2005
Posts: 101

PostPosted: Sat Mar 17, 2007 5:19 am    Post subject: Reply with quote

Phil,
you are right to use caution at this time. But I find this situation deplorable.

You of all people ,do not deserve such an shark attack directed at you.

You should benefit from the hard and wonderfull work you have

accomplished here and not be confronted with intimidating threats.

I would like to put the word out about this situation on other forums if that's

ok with you. Who knows, we might find the right person for counsel.

I found a link in another thread, on a different forum in regards to patents

and software. From what I understand they cannot patent software.

http://www.european-patent-office.org/legal/epc/e/ar52.html

What next? Is someone going to patent the act of putting a paint loaded

brush on a canvas and then sue all the Masters and their descendents

for past and present sale of their paintings?

I read years ago about this company in the USA that was applying for the rights to the original potatoe.

I mean... Who can sell the rights to that?

They are falsely accusing you of theft and that is serious in my view.

With all my support,

Jean-Luc Grenier
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PhilC
Site Admin


Joined: 23 Aug 2005
Posts: 4530
Location: Lawrenceburg Kentucky

PostPosted: Sat Mar 17, 2007 5:31 am    Post subject: Reply with quote

Thanks Smile

Yes it affects us all. So the more people that know the better.

I have difficulty in understanding how something that I and thousands of others have been doing for years can now be deemed a patent infringement.
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HAWK999



Joined: 24 Aug 2005
Posts: 101

PostPosted: Sat Mar 17, 2007 5:40 am    Post subject: Reply with quote

I have great difficulty understanding that myself but I do understand greed...

Now it's time to make lotsa noise

All the best,

Jean-Luc
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BetterThanLife



Joined: 12 Jan 2007
Posts: 255

PostPosted: Sat Mar 17, 2007 7:43 am    Post subject: Reply with quote

Actually this smacks of Restraint of Trade and an attempt to create a Monopoly. (Which last I checked are against US laws.)
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bevans



Joined: 29 Aug 2005
Posts: 6

PostPosted: Sat Mar 17, 2007 10:49 am    Post subject: Reply with quote

I'm no patent attorney either, but I don't see where a patent was awarded anywhere. Only applied for.

PS - It does look like a patent was awarded in spain.
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BetterThanLife



Joined: 12 Jan 2007
Posts: 255

PostPosted: Sat Mar 17, 2007 11:46 am    Post subject: Reply with quote

Does anyone know a Patent Attorney that would be willing to do a little Pro Bono Work? Or perhaps we could get a Class Action suite together. (Under the restraint of trade end of it.)
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neferset



Joined: 30 Dec 2006
Posts: 5

PostPosted: Sat Mar 17, 2007 1:59 pm    Post subject: Reply with quote

*nods in agreement* This has implications for anyone who creates a "starter dress" for distribution as a model that anyone can alter and give away or sell.

The practice of making those has been pretty popular in the Hexagon Freepozitory at DAZ.

Plus, when I model a piece of clothing in Hexagon myself, I tend to keep a basic version of the model for the purpose of creating related clothing items. Technically, my altering the same base more than once would be in violation of the patent, the way they have written it.

So, I truly think it's "grab your torch and pitch fork" time.

Nef
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NyGuy



Joined: 30 Dec 2006
Posts: 1062

PostPosted: Sat Mar 17, 2007 4:34 pm    Post subject: Reply with quote

http://groups.google.com/group/3dgraphicsandmore/browse_thread/thread/56eff58119fbe09d


This is what I have posted on my Google group page. Please help me pressure E Frontier and other websites to boycott Reyes.

Quote:
To Whom It May Concern,

I feel that your company practices trying to stop Phil Cooke from
selling his software line of 3d clothing creating software is out of
hand. I own both Clothing Designer and Virtual Fashion Basic for Poser
and they are 2 different types of programs that may do the same
thing.
Have you bought the software and used it? How can you say he is
infringing on your "patent"? I and others in the Poser community will
not stand for this!

As of now I am going to start a campain to make sure that your product
will boycotted by this community in which Phil Cooke has done alot for
by his wonderful products and his support (where you lack of your
product) to his customers.

Fredrick M Wind
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