This post comes in a little late. I’m sure almost everyone would have heard by now about how the geniuses at VueStar Technologies in Singapore have tried to enforce their patent on any “Web site that uses pictures and graphics to link to another site or Web page”.
While the patent itself only describes the invention as one that “provides a web-page (or web-site) search results list which includes images from the actual web-pages or web-sites identified in a user’s search, or images associated with the actual organisation operating a web-site“, VueStar CEO Paul Smith’s claim that “if sites want to keep using images as links, they will have to pay his company” seem to me to be overly broad and far too generic to be even considered a valid claim. Then again, IANAL.
The claim by the self-dubbed “pioneers of visual search technology” that they own the technology for image hyperlinks is (excuse the pun) patently ridiculous. Marc Andreesen, inventor of Mosaic, first graphical browser for the World Wide Web, described image hyperlinking in a mailing list post, back on 25 Feb 1993, more than 10 years back. And that’s still more than 7 years before VueStar’s patent application was first submitted in 2000. Surely that constitutes some form of prior art? And we’re not even looking at the fact that this technology has probably been in all web browsers released to the public since then.
As such, there’s been a lot of doubt as to whether or not the patent claim can indeed stand up in the court of law, should it come to that. So far, VueStar has only been sending out letters to companies claiming patent infringement. Since VueStar’s patent claim has the potential to affect almost all corners of the internet (No more image linking! The horror!), it’s also no wonder that the community has also responded in kind to VueStar’s recent moves.
Some parallels are of course being drawn between this episode of litigation warnings (”Pay us or we’ll see you in court!”) and the ODEX case just a while back. While both companies tried to reach monetary settlements first, before even bringing anyone to court (pay first, talk later?), at least ODEX was a proper licensee of the anime series. While I don’t really support ODEX’s actions, it was at least conceivable that downloading anime off the net would hurt their business model. What business model does VueStar have to speak of? A look under the Technology section of VueStar’s website only vaguely describes the notion of “locating web – sites using visual images” while the rest of the page attempts to bolster the company’s claim on the mentioned technology. And besides, the WHOIS record of the domain vuestar.biz shows that it was only registered in December last year. If you ask me, there only seems to be one purpose to the company, and that is the one that it’s in the news for right now. Let’s see if I’m proven wrong.
A check with our local ACRA (Registrar of Companies, for you more traditional folk), shows that the company now widely-known as VueStar Technologies Pte Ltd, was once known as Blue Steel Dragon Pte Ltd. Uh huh. So VueStar itself hasn’t been around for all that long then? Anyways, ACRA doesn’t allow the casual searcher to look at the company information unless one pays for it, so I wasn’t able to find out more. All the same, anyone know why the address listing seems to mention Robinson Road while their website says Coleman Street? I guess unlike filing for patents, consistency isn’t one of their strong points.
So. Should we fear the Blue Steel Dragon lest he incinerates our websites (and bank accounts) with his righteous flame of patent claims? Are all your links belong to them? Maybe not. Sure, they claim to hold patents in both Singapore and Australia and some say the US, but then again, we know that not all patents, no matter how wide the reach, aren’t really enforceable.
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For more patent sillyness, check out PatentlySilly.com, which celebrates the creativity of the human mind (and Patent Office).
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