FWW responds to LC patent issue *LINK*
Dan Clermont in Burnaby
>I am not picking sides here but thought people should know Anatole from FWW (Editor in Chief) responded to the LV patent issue (mag issue 171).
It can be read at the link below if you are a member of the Knot's forum. This was Anatole's first post on the forum his magazine runs so I would have to assume this topic was important to him
If you are not a member of the Knot's forum here is what Anatole had to say:
For obvious legal reasons, I can�t comment on all the particulars of this issue. But due to erroneous comments Mr. Robin Lee has posted here and on other Web forums I feel a need to set the record straight.
First of all, Fine Woodworking received several letters from Mr. Lee�s representatives regarding the MOW tip we published on how to make your own dovetail guide. Mr. Lee now says that all Lee Valley ever asked for was an apology and thatLee Valley had never stated that readers following the tip would be infringing Lee Valley�s patent. The facts speak otherwise. If a simple apology was all that was needed to resolve the matter, it would have been resolved a year ago.
Here are the facts.
On July 6, 2004, in the letter for which Mr. Lee provides a link in his posting, Lee Valley first wrote to us and said: �We believe that under Title 35 U.S.C. 271, Keith Rust�s submission is a direct infringement of our patented tool and that by publishing the article, Fine Woodworking is inducing its readers to infringe.� The letter went on to ask for our �comments along with your suggestions for remedy as soon as conveniently possible.�
We respectfully disagreed with the assertion that we induced patent infringement, then received a more detailed letter from Lee Valley�s attorneys on Sept. 20, 2004, which said: �Accordingly, Fine Woodworking readers who follow the instructions for this �Methods of Work� tip infringe Lee Valley�s patent because by doing so they are someone who, without authority from Lee Valley, makes and uses the patented invention.� The letter went on to specifically demand that Fine Woodworking print an admonition that says the ��tip should not be practiced because doing so infringesLee Valley�s patent no. 6,607,016.� Additionally, Lee Valley asked for free ads and cash.
Numerous rounds of communications followed, with and without lawyers. Eventually, we decided on our own to print the clarification in FWW 181 which notedLee Valley�s express statements to us that readers practicing the tip would infringe their patent and which, in conformance with Lee Valley�s �demand,� asked our readers not to make the tool themselves.
Now (see previous post) Mr. Lee says: �You are free to make what you want�� Perhaps Mr. Lee has changed his mind on the matter of our readers making their own dovetail guides without his company�s �authority.�
The facts are simple. Fine Woodworking has never intentionally induced anyone to copy a patented device. We respect the rights of Mr. Lee and other patent holders to make a living from their intellectual property. That�s not only legally correct, it�s ethically and morally right.
Following the logic here, if Mr. Lee now says readers are free to make what they want, why would he object, from this date forward, to any magazine (or website) publishing instructions for a do-it-yourself shop device, patented or not, intended for individual use?
Anatole Burkin
Editor-in-Chief
Later on in the responses it turns out LV wanted free ads and cash to settle the dispute.
Don't shoot the messenger!
Cheers
Dan Clermont
FWW response
