IMAX Threatens Open Source 3D Engine With Bizarre Reasoning

from the say-what-now dept

Proffer alerts us to the bizarre story of how IMAX (last seen suing competitors and misleading people about what an IMAX film really is) is now threatening the folks behind the Sandy3D open source 3D flash engine. Apparently, IMAX has some sort of 3D drawing system called SANDDE. So, maybe, if you squint, you could see how IMAX might be complaining about a trademark issue. But the letter from IMAX is quite odd. It doesn’t mention trademark at all. Instead, it mentions a French patent.

This is quite odd, considering that there’s clearly no patent issue here (beyond the fact that Sandy3D isn’t in France and the products are entirely different). So why isn’t IMAX talking trademark? Well, perhaps because IMAX’s trademark on SANDDE was considered abandoned as of March 8, 2000. Yes, more than ten years ago. There’s also the fact that this open source project is not a commercial endeavor at all, meaning that IMAX might have a lot of trouble proving “use in commerce” even if it actually had a trademark. Perhaps IMAX could get away with claiming a common law trademark, but even then, its ability to do anything to Sandy3D would be quite limited, and it’s difficult to see anyone finding a likelihood of confusion existing between the two.

In the end, it looks like some IMAX lawyers decided to just threaten these open source developers, hoping that by spewing some totally unrelated info about a patent, it might scare the developers into changing the name on a product, even though the patent has nothing at all to do with the issue, and the company has no registered trademark on the name in question.

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Companies: imax

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Comments on “IMAX Threatens Open Source 3D Engine With Bizarre Reasoning”

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20 Comments
Anonymous Coward says:

Re: its the lawyers

Well then, the solution is simple as well. Just make it so that any time a lawsuit is filed, the lawyers must state, under penalty of perjury, that they are filing in good conscience. Then, when these ridiculous lawsuits come up that any unbiased lawyer with a brain would see was winnable if it ever came to trial, enforce that penalty. You end up with a bunch of overly-litigious lawyers in disbarred and behind bars. Problem solved, right?

Anonymous Coward says:

There needs to be a quota for law students. Only x amount (hopefully a low number) of lawyers can be produced. This is basically how you control animal populations, )though animal control also includes hunting…).
Anyway, with less lawyers, there’ll be more work for each lawyer, and thus less need to “create work” . That would stop stuff like this from ever happening.

Ryan says:

Re: Re:

Well, limiting supply could also simply drive up the price of lawyers(and thus create even larger incentives for lawyers to find more reasons for lawsuits). This is another reason for high health care costs, in that we have licensing requirements for most care and then turn around and allow colleges to set low limits for new medical students(which then drives up tuition prices) creating a shortage of available providers.

NAMELESS.ONE says:

and the needle and the damage done

a little bit in hollwood ones OHHHHH ohhh the damage is now done.

YUP IMAX retards have now begun the boycott 3d movement to now go viral EVERYWHERE
and ill be losses form this act of threat are far more then any actual damages some open source 3d engine can do, whats next ITS LINUX’s FAULT
OH WAIT thats SCO’s area

ConceptJunkie (profile) says:

The default strategy of lawyers...

These days, it seems that the default strategy of too many lawyers is to make an endless series of empty threats in the hopes of scaring some poor victim into capitulating. Of course, when large companies do this, they can simply win by virtue of being able to throw more money than a small victim, denying the victim’s ability to defend himself. A small victim will have to destroy itself financially to fight back, and then may still not win because you can find a judge to make just about any ruling you could want if you shop around.

NAMELESS.ONE says:

sentance parser

taoareyo

i used the tape recorder as a database and it would go forward and back looking for proper parts of sentances in a zork like game i created

the vic 20 despite is low mem of 3.5 K had oddles of ability to load stuff off the cassette recorder
and later yes when i got a 16 K ram expander i thought OMG how can i ever use this much memory

thats when i added some graphics to said games

basically it would search for patterns of the at first a basic sentence

walk over there
go to house

sooner later longer and more exhaustive sentences.

I’ll say also that you could use a serial cable later on and hook as many vics to each other and use the resources

amazing what ya learn on BBS boards with a .3Kbytes modem

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