Google Play uygulamamda Patent ihlali
Merhaba
18 temmuz da Playde kendi yaptığım SSH Commander adlı bir uygulama yayınladım. Uygulamayı basitçe anlatmak gerekirse basit ssh komutları göndermeyi sağlayan bir uygulama. jsch-0.1.54.jar kullanarak yaptım.
Dün http://www.notificationcommunicationpatent.com sitesinden patent ihali yaptığıma dair bir mail geldi. yanlış anlamadıysam Push notifications patenti bu firmaya aitmiş bende bunun ihlalini yapmışım. push notification dediği uygulamadan gelen bildirimler değil mi ? benim uygulamamda böyle bir bildirim olayı yok. sorunun ne olduğunu bir türlü anlamadım yardımcı olursanız sevinirim.
mailde şu şekilde
EUROPEAN PATENT EP2378800 (A1) "SECURE COMMUNICATION SYSTEM"
Dear Sir/Madam:
We reach out to you in the name and on behalf of our client, FMF GESTION S.L., patentee of European Patent of Invention number EP2378800, granted by the European Patents Office on 23.04.17.
The Mobile Application SSH Commander, of which you are developers, infringes my client's patent.
It infringes it through the use of the system whereby so called "Push notifications" are sent and received, which is protected by the Patent of Invention "Secure Communication System". For a better understanding you can access its claims and drawings visiting the EPO (European Patent Office) website.
The different platforms offer developers the termed "Push notifications" as a way of communicating with its users.
What the Patent protects is the system used by the applications to send and receive those . This circuit, the process whereby notifications are sent and received, is what is protected.
We inform you that, in accordance with the Law, registered Patents confer upon its titleholder, the patentee, the right to prevent anyone without consent from using and commercialising the patented notification system.
In light of the above, we formally require you, on behalf of our client, to legalise your current illegal situation within a period of 30 dayscounting from the date of receipt of the present letter. This will be achieved through:
Payment of the so called Conformity Royalty, a sum which during this 30-day term amounts to 345 € per annual period (paying-in slip attached).
Acceptance of the direct debit payment of the subsequent annuities, which will be based on the conformity Royalty until the end of the right.
Immediately following the receipt of your conformity royalty payment, your Application will be registered in the EPO's register of Royalties for the patent.
Lack of conformity royalty payment within the thirty day period will trigger the following course of action by our clients:
Your Patent infraction will be formally notified to the different platforms (Apple, Google and Windows Phone). It will be demanded, in accordance with the law, that they stop offering your Application in their respective European platforms.
Loss of the price of conformity Royalty.
(The price of the royalty to be paid following the set period will be established according to the number of users, the platforms and the countries in which the App is on offer. Calculate it)
The implementation of any measures necessary to prevent the continuing violation of the Patent.
The publication of the judgement against the infringer at the expense of the guilty party.
In the event of non-compliance with the commitments set out above within the period provided, we have received instructions from our client to immediately prepare to undertake the appropriate legal action against you before a Court of Law.
Pending a solution satisfactory to all, we seize the opportunity to extend our kindest regards.