boycott smartparts and thier teams/shops

[dr.strangelove]

Yo hicks,
Run a search, take 5 minutes to read and inform yourself, then you can post your sob story for the innocent, inventive minds from Smart Parts who are simply trying to protect their brilliant engineering feat.

The original SP patent for the Shocker was limited to the design of the Shocker (i.e., their dual-solenoids, driven by a circuit board to fire and re-cock their marker). SP recently got that patent expanded to include any marker that uses electricity, a solenoid valve, and an on/off switch (i.e., trigger switch) to fire a paintball marker (that would include every electronic paintball marker that's ever been produced). To put that in perspective for you, that's pretty much like someone having the sole rights to cars that use a steering wheel, drive train, and gasoline engine. They are designing a monopoly that should be illegal, based on a patent extension that never should have been granted. As for prior art, the US Navy actually came up with the idea for a launcher using a circuit board and solenoid valve to fire pelets as a training tool as early as 1979. From what I've read, this isn't the first time that the owners have Smart Parts have been involved in a patent controversy either.

Personally, I wouldn't buy another piece of SP gear again. Everybody's rolling their eyes, and having an "I don't care, there's nothing I can do" attitude now, but when they're all shooting one of two or three available markers that all look and fire the same, and are priced as high as SP feels like (no competition, how can you be undersold?), they're going to be all pissed off and boo hoo-ing over it wishing they would have given a sh!t when they had the chance.

 

[Dark Warrior]

Is there anywhere in the patent that specifies eframes.
Because all I have seen is the term electronic marker.
An eblade or race frame is not a marker, it's an electronic enhancement to a mechanical body, thus not covered.

 

[ollytheosteo]

Good point, well made Dr.
Basically, Smart Parts are trying to insist that anyone making or selling electronic paintball markers in the US pays them a fee on all markers sold and a lump sum to boot, or stops doing so full stop. This leads to either higher prices for all non SP markers, or SP being the only marker company in the US. Whilst a boycott by UK players will admittedly only hurt SP UK, if American players vote with their wallets we may actually get somewhere. SP are trying to stunt the development of the sport and reduce the choices available to all of us, which sucks ass, even though it may be "good business". They may have a legal case, but only after moving the goalposts and trying dirty tricks. If you want to shoot Shockers etc, and ONLY Shockers etc, in the future, then feel free to sit on your hands or take the piss out of people who care enough to make a stand. Personally, SP have had the last of my business. I hope all the cynical ****s out there enjoy paying SP for every marker they buy, whether they choose SP products or not.

 

[dr.strangelove]

The broadened patent includes, and I'm paraphrasing here but this is pretty much how it goes, any marker that uses a 1) Solenoid valve, 2) Electricity 3) Circuit board 4) On/off switch, to fire a paintball. That would include e-frames, as they use all of those components, and are used on a paintball marker. Perhaps if they were designed for some other purpose, and then retrofitted to markers there would be an argument, but because of their sole use on markers, I think that would be considered infringement as well.

 

[Dark Warrior]

Originally posted by dr.strangelove
The broadened patent includes, and I'm paraphrasing here but this is pretty much how it goes, any marker that uses a 1) Solenoid valve, 2) Electricity 3) Circuit board 4) On/off switch, to fire a paintball. That would include e-frames, as they use all of those components, and are used on a paintball marker. Perhaps if they were designed for some other purpose, and then retrofitted to markers there would be an argument, but because of their sole use on markers, I think that would be considered infringement as well.

Thats where the patent falls down because it states any marker that uses, etc.
Who do you sue because WGP do not make markers that use 1-4 they only make mechanical cockers. They then take off some of the parts and add a 3rd party e-frame.
They have not at any stage made an autococker specifically to be used electronically only. (Note the WGP Ranger has been discontinued which was an electronic marker {forward thinking})
Neither Planet nor Race (as far as i'm aware) make markers so you cannot sue them either.
Besales are in an excellent position because they take WGP 2002 bodys and build the Evolution Cocker which is sold exclusively in the US by SP.
irony sue your supplier and lose approx 10% of your annual sales for no gain

 

[dr.strangelove]

But like I said, due to the fact that their product is built for the sole purpose of converting a marker to specs that infringe on their patent, that would probably be infringement too. Plus, the patent would be legally upheld by the very same idiots who granted them their patent extension in the first place, why on earth should be assume that they will be fair and correct in their judgement?

 

[Dark Warrior]

Originally posted by dr.strangelove
But like I said, due to the fact that their product is built for the sole purpose of converting a marker to specs that infringe on their patent, that would probably be infringement too. Plus, the patent would be legally upheld by the very same idiots who granted them their patent extension in the first place, why on earth should be assume that they will be fair and correct in their judgement?

Remember that at least 2 of these e-frame companies have thier frames patented in the US. For them to uphold SP's claim of patent infringement they would have to overturn a patent they have granted previously, therefore opening themselves to a class action, now which government is going to do that to themselves.
We gave you this patent by mistake because we did not check our facts correctly, kindly put in a claim for compensation.

 

[sjt19]

I am definately not a Smart Parts fan, but if a court has granted their patents (which they have) then there is a legitimacy to them. What SP have done is what any other company does when there product is ripped off. If anyone thinks that WDP, or VL, or B.E, or Planet or any other company wouldnt have done the same then you are incredibly niave. I someone steals your idea, and costs you money you have a right to stop them from doing that, no matter who you are.

So rather than hate SP for this, why not just stop being naive and grow up. Its business. Every company does it to secure their future.

 

[dr.strangelove]

Good point. That's probably why SP hasn't sued them yet. Well, that and the fact that they'd rather build up legal precedent by devouring the little guys who can't afford a lengthy court battle. Evidently SP has already tried to sue WDP in the past, several times as I understand it, and has been unsuccesful (WDP claims this is because they have prior art), so perhaps the same will hold true here. I'm still dumbfounded as to how the hell the US patent office would/could issue such a ridiculous blanket patent. The ironic thing is that all of SP's *new* markers are based on platforms introduced by their competitor's, and now they own the rights to them. But if they do over run the marker industry, what will they do? Obviously their R&D can't come up with an original concept. I guess we'd better all become familiar with SP's design's, because if they run off the competition, that's about as far forward as electro markers are going. On the bright side, we won't have to worry about learning new markers, and since just about everyone will eventually learn how to do tech work, the fees should be lower

 

[dr.strangelove]

Sjt posted while I was typing...

Dude, if WDP, B.E., VL, and everybody else would do the same thing, why haven't they? They all own patents on their respective products, but they haven't applied to have their patents exented to include designs and set ups that weren't their idea to begin with. There are no markers currently produced that infringed upon the original SP patent on the Shocker (that is to say, the patent that covered THEIR design, NOT markers in general, including designs that they not only didn't come up with, but in fact RIPPED OFF from other companies). If it weren't for them unscrupulously applying for an extension to their patent, and getting it granted by unobservant, ill informed folks at the US patent department, they would not be in this situation of "protecting" intellectual property of "theirs". Having a sense of A) morals and B) common sense doesn't make one naive. However, trying to profit off of the ideas of others and monopolize an industry DOES make on an a$$ hole.