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My views on the Smart Parts Law Suit
Mike Hughes
Introduction

If you havent noticed already, a widening array of Smart Parts bashers have been coming out of the woodwork recently based on a lawsuit between Smart Parts (SP) and Indian Creek Designs (ICD).(there are others, but there hasnt been the knee jerk reaction for the others)  Amoungst all the online forums (at least most)  The bashing of Smart Parts began, and a boycott thus began.  It is believed that this started on the Tippmann Forums and the trolls grabbed it and ran, including a lovley avatar that appeared on the Impulse Owners Group of the smart parts logo turning into a swastika.  Thus invoked by Godwins Law, the admins closed that thread, and then the censorship nuts run free. Continuing, the Patents in question are:

5,881,707; 5,967,133; 6,035,843; 6,474,326 B1
A website containing the patents themselves is found here.


Continuing, yes, these patents are for the "on/off switch" that is on MOST electronic markers.  This means that MOST electronic markers ARE in violation of the patent.  This means, theoretically, Smart Parts CAN sue EVERY company that makes a marker that falls within these descriptions

The Arguement

Smart parts, by suing these companies for using thier patent, will cause paintball marker prices to skyrocket, and destroy the industry.

The Problem

The arguement that Smart parts will destroy the industry using thier patents has several fundamental flaws, first of all, these patents we speak of are OWNED BY SMART PARTS. Which means, Smart Parts has EVERY RIGHT to sue ICD over these patents. The ugly truth no one will recognize is that ICD STOLE THIER IDEA FROM SMART PARTS WITHOUT PAYING A ROYALTY.  The innovator in this case might not have been smart parts persay, but, smart parts does hold the patent. and possesion IS 9/10 of the law.  Smart Parts not only has the right to defend thier patent, they are FORCED to.  Smart parts loses thier patent rights if they do not vigorously defend thier patent to the utmost of thier abillity. The problem the Smart Parts bashers have is that thier arugement is basically and fundamentally flawed by the fact that the design of thier markers is based, in whole or in part, on a Smart Parts patent. A patent is basically an idea, a concept of how something works, that is protected from being copied.  Now, lets see, we are going to do this in several ways:

ICD used an SP patent in thier design

ICD used an SP idea in thier design

ICD stole an SP idea and used it in thier design.

Or we can do it another way.

ICD used an SP product in thier design.

ICD did not pay for the SP product

ICD stole from SP.

Either way, Smart parts owns intelectual property, that was used without thier permission.  If someone stole something from you, a peice of property, wouldnt you want compensation (IE. your stuff back) If your stuff could not be recovered (IE. chop shop) you would want the price of the car back)  ICD took something from smart parts, smart parts cannot get thier stuff back, so they want payment for thier loss, what is so hard to understand?

Ruining The Industry, One Thief at a Time...

The concept that Smart Parts will ruin the industry is just plain wrong, and will be taken care of in one quick paragraph, and a link.

SP and NPS settle Lawsuit

Havent seen any NPS guns go skyrocketing in price have you? The Intimidator hasn't risen in price at all.  Which was the main marker targeted by the SP lawsuit..  Seems to me like NPS hasn't been destroyed by Big Bad Smart Parts.

Conclusion

It seems apparent to me that the people who support this boycott are the same group of uninformed PC activist wannabees that protest everything else in the world. People think that by taking a stand on a non issue, it makes them look better, it doesnt.  The point of this is, if you really look at it, ICD deserves what they get, and all the people who want to lie on the train tracks for them wernt really gonna buy smart parts products anyway. You heard right, I just called a bunch of people Political Activist wannabees.  Thats right, The Digital Paintball Developnet team, Doc Nickel, All the trolls who throw grenades... everyone who came out railing against SP.  I mean no offense by any of this, i'm simply calling it how I see it.  I will not apologize for calling it how i see it.  So dont ask, feel free and sign the guestbook and express your own views.  But these are mine, and they seem logical enough.
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