Before you dive into this area,
it is helpful to visit Dan Bricklin's web site for a discussion
of Patent Law and Software. Today, many people seem to think
Microsoft invented the spreadsheet (Excel). Of course, Dan was
one of the inventors of Visicalc, the first electronic spreadsheet.
His company did not patent that invention (based on a lawyer's
advice that they "had a 10% shot at being successful").
You can learn why and how the use of patents with software affects current developers
and users. Visit his site here. This continues to be a controversial
subject.
Visit IBM's very useful patent
web site and review two patents:
US05185667 | US05877801
Patents Reversed: One writer mentioned
Compton's mid 1980's claim to have invented multimedia as an
example of erroneous patents. This patent was reversed in 1994.
Learn more at the following sites:
Compton
Patent: Subject: Compton Patent Reversed (details)
http://cuiwww.unige.ch/OSG/info/MultimediaInfo/Info/compton.html
Compton Patent: PTO Commissioner
Initiates Reexamination
http://www.ljextra.com/misc/brw/2f3.html
Compton Patent: Multimedia Patent
Battle Heats Up
http://www.library.ubc.ca/patscan/compton.html
Patent Law Materials
http://www.law.cornell.edu/topics/patent.html
US Patent and Trademark Office
http://www.uspto.gov/
U.S. PATENT ACT
§ 301. Citation of prior art § 302. Request for
reexamination
http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/patentact/query=[jump!3A!2735uscs301!27]/doc/{@376}/words=4?
What's the Difference? Comparing
Patent and Copyright Protection for Software
http://www.mccutchen.com/ip/ip_2101.htm
Prior Art
There has been an extensive discussion
over the years of work that preceeded these patents or "Prior
Art".
Dan Slater elaborated
recently on this issue:
I was
really quite stunned to hear of low class harassment of Helmut
Dersch by the IPIX lawyers. Helmut has been one of the most imaginative,
generous and creative members of the panoramic imaging and VR
community.
His development of Panorama Tools showed many that high quality
image
warping was possible. He gave this program freely to the panoramic
/ VR
community. His other invention of micropanoramic imaging methods
has
been an inspiration to other of my own work.
In the past, IPIX (then Omniview)
had queried me for technical details
about my own fisheye lens based Spherecam system (
http://www.nearfield.com/spherecam/
). They found it quite interesting
and were interested in building one of their own. Back then,
I gladly
sent them detailed photos and sample images for them to process,
in
addition to answering a variety of technical questions. I believe
that
they have since built both still and video versions of this.
Later when
they changed management and became IPIX, there seemed to be a
major
shift in philosophy. They have become quite litigious and have
successfully sued and/or threatened a number of companies including
Infinite Pictures, Live Picture and apparently others. With their
legal
attack on Helmut it appears that this continues to remain their
business
philosophy. I obviously regret the help I gave them way back
when. IPIX
seems to be a company that only takes but never gives.
I believe that their prior lawsuits
and threats against others were
centered around their patents. IPIX US patents include: 5,313,306,
5,185,667, and at least two others. Some of their claims are
quite
broad, suggesting that any geometric remapping of a fisheye image
is
their invention. There is considerable prior art that would seem
to
invalidate these broad IPIX claims. Variations of fisheye image
geometric remapping type systems have been used in aerospace,
aerial
photography, submarine periscopes, flight simulation, planetarium
projection, etc. As an example, one system from the early 1970,s
used a
6 mm Nikon fisheye lens in a F-111 aircraft to view wing extension
simultaneously on both sides of the aircraft while also providing
star
image data. Two particularly relevant prior art references that
would
appear to completely invalidate the broad IPIX patent claims
include:
Ripley, D., DVI - A Digital Multimedia
Technology, Communications of the
ACM, Volume 32 Number 7 (July 1989)
This paper describes an interactive
computer based system that
dynamically extracts perspective corrected views from images
filmed with
a Nikon 220° fisheye lens.
Lippman, A., Movie Maps: An Application
of the Optical Video Disc to
Computer Graphics, Siggraph Conference Proceedings (1980)
This second paper describes an
early VR system that used either a set of
4 cameras or a single donut image camera that captured the complete
road
system in a small town. The viewer could travel down any of the
roads in
several different seasons and see perspective corrected views.
The
single camera system could use either the Nikon 6 mm f2.8 fisheye
lens
or the Kern Peri Apollar lens to record a full 360 degree horizontal
view.
Ripley (the author of the 1st
paper) is a principle of Infinite Pictures
that was sued by IPIX for patent infringment and lost with a
million
dollar judgement against him. To this day, I don't understand
why, as
both of these papers clearly describe prior art of undistorting
fisheye
images to extract "perspective corrected" views, etc.
>From reading the letters
that Helmut posted on his web site, it is quite
apparent that the IPIX lawyers are interested in harassing him.
If they
are accusing him of copyright infringment, why would they want
him to
eliminate PanTools, the PanTools FAQ, etc. The IPIX file format
is
proprietary and unpublished but PanTools does not use it in any
way
whatsoever so there can not be an issue here. I don,t know the
IPIX
patent status in Germany but I would guess that it is not patented
there. My guess is that IPIX does not like that Helmut,s Pan
Tools can
do high quality geometric image processing of fisheye images
so they are
harassing him in a 3rd country (England) via these other charges.
Maybe next IPIX will go after
Adobe Photoshop, followed by map making in
general. Map makers have been warping fisheye (f theta) and other
distorted images of the Earth to many other image formats for
centuries.
I really wish Helmut the best
of luck and hope that he continues with
his excellent ideas and software.
Dan Slater (dslater@ix.netcom.com)
|