A Spirited Perfect Ten

[PhotoDave219]

I'm thinking shark.
The station is right behind/adjacent to the shark exhibit.

And the code name is FIN, so...

Well @71jason suggested "great White" earlier....

 

[GoofGoof]

I beg to differ. They are a company that develops a product, patented it themselves, and now are trying to protect their IP against an usurper stealing that IP. By definition, this is definitely not patent troll activity, this is a company trying to protect their paid-for assets. And I do have a bit of knowledge in this area, as I have been accused (more than once) of being a patent troll in my present business, and have convinced people that the term is inappropriate in my case. As someone else said, a troll is someone who typically purchases a patent from the inventor (or other owner), then goes out and sues people who might be using the patented invention. We could get into a debate as to whether or not this is detrimental to the public (I think not, since the troll is actually financially rewarding the inventor for his/her invention), but this case is far from being a troll activity.





Their patent is not directed to RFID, and in fact the main patent claim doesn't even mention RFID. That Disney implements the system using RFID has nothing to do with the invention claimed in the InCom patent; what is pertinent is whether or not Disney does everything present in one or more of the claims of the patent. What is patented is: 1. A method for gathering and validating attendance data, including the steps in the order of: providing a plurality of uniquely encoded tags, the tags adapted to be borne by an attendee; scanning the plurality of tags as the attendees pass into an attendance area without manipulation of the scanner or the tag; creating a provisional attendance report at least partially from information acquired by the scanner from the tags; said creating step including the step of comparing a class list of who is expected to be in attendance with a present list of which tags of the attendees are scanned in the attendance area by said scanning step to determine who on the class list is absent; communicating the provisional attendance report to an attendance tracker individual in the attendance area; personally visually inspecting the attendance within the attendance area by the attendance tracker regardless of whether any expected attendees are absent in the provisional attendance report; identifying differences between the provisional attendance report and results of said inspecting step; and modifying the provisional attendance report to correct the differences of said identifying step to establish a second attendance report, the second attendance report being more accurate than the provisional attendance report.

Leave it to the Orlando Sentinel to get the story wrong. More quality reporting.

 

[Mr. Peabody]

They've done both. Olaf is everywhere at Wal-Mart and tons of Pixar merchandise, Cinderella, Star Wars, Marvel, Pirates of the Caribbean and still lots of old school Mickey, Minnie and Goofy. They don't need a lot of new IP when they can so easily recycle the old stuff. Bob Iger knows that content is everything at Disney so he acquires everything he can. I even saw Stich Elvis today on a coffee mug. For those that don't like the Disney branding this will help their boo boo.

View attachment 90706

Isn't this true for every movie studio? It's not just Disney. Look at the slate of movies coming out this year and which ones are predicted to be big. The vast majority are sequels. Excluding DIS movies:

• Jurassic World
• Hunger Games Part 4
• Furious 7
• Minions
• James Bond
• Ted 2
• The Divergent Series Part 2
• Mission Impossible
• Pan (not a sequel, but not an original story either)
• Taken 3
• Fantastic Four
• Mad Max
• Pitch Perfect 2
• Paul Blart Mall Cop 2 (I couldn't make this stuff up)

It's not just Disney rolling out the sequels and remakes. Not that it makes it right, but that's apparently what sells these days. They are giving the people what they want.

"Recycling the same stories" was a reference to remakes of popular movies. I wasn't talking about sequels, but I don't disagree with what either of you wrote.

 

[PREMiERdrum]

@WDW1974 , I'd love your take on a rather huge stain on our otherwise enjoyable trip to the 'world', which ended last night. We stayed at FQ (which was in fantastic shape, BTW), but we were subjected to heavy-handed hard sales for DVC right in the atrium pass-thru? Every day we were there, between 8a and 6p, there was a DVC salesperson constantly stopping families, usually making their introduction by offering the kids stickers. The same young man stopped us 3 days in a row and by the 3rd day was quite insistent that we "attend the open house" and became visibly agitated when we told him we weren't interested and had reservations we needed to get to.

I've never seen this tactic used, and I was shocked and disgusted to see this type of behavior be allowed in the lobby of a Disney resort.

 

[Lee]

Well @71jason suggested "great White" earlier....

Would make sense....

 

[Lee]

@WDW1974 , I'd love your take on a rather huge stain on our otherwise enjoyable trip to the 'world', which ended last night. We stayed at FQ (which was in fantastic shape, BTW), but we were subjected to heavy-handed hard sales for DVC right in the atrium pass-thru? Every day we were there, between 8a and 6p, there was a DVC salesperson constantly stopping families, usually making their introduction by offering the kids stickers. The same young man stopped us 3 days in a row and by the 3rd day was quite insistent that we "attend the open house" and became visibly agitated when we told him we weren't interested and had reservations we needed to get to.

I've never seen this tactic used, and I was shocked and disgusted to see this type of behavior be allowed in the lobby of a Disney resort.

As more and more rooms are converted from hotel to DVC...this may become the norm, I'm afraid.

 

[AEfx]

It's pretty awful, yes.

I took the same approach. I've waited to see the results before I judged. And now I feel confident in saying - it sucks. It's absolutely embarrassing that it took that long to do what they did. This is an absolute perfect example of exactly what is wrong with WDW.

It always was dead, its not really news. Once government regulators get their snouts in the middle of things it never turns out well.

And thank goodness for that! Letting two awful companies turn into one big terrible monopoly would have been a terrible, terrible idea. We would have gotten the worst of both of them.

 

[Goofyernmost]

@WDW1974 , I'd love your take on a rather huge stain on our otherwise enjoyable trip to the 'world', which ended last night. We stayed at FQ (which was in fantastic shape, BTW), but we were subjected to heavy-handed hard sales for DVC right in the atrium pass-thru? Every day we were there, between 8a and 6p, there was a DVC salesperson constantly stopping families, usually making their introduction by offering the kids stickers. The same young man stopped us 3 days in a row and by the 3rd day was quite insistent that we "attend the open house" and became visibly agitated when we told him we weren't interested and had reservations we needed to get to.

I've never seen this tactic used, and I was shocked and disgusted to see this type of behavior be allowed in the lobby of a Disney resort.

And yet another reason to stay offsite. I can't believe the talent I have displayed for knowing 30 years in advance that staying onsite was not worth it. Damn I'm good!

 

[PhotoDave219]

I took the same approach. I've waited to see the results before I judged. And now I feel confident in saying - it sucks. It's absolutely embarrassing that it took that long to do what they did. This is an absolute perfect example of exactly what is wrong with WDW.




And thank goodness for that! Letting two awful companies turn into one big terrible monopoly would have been a terrible, terrible idea. We would have gotten the worst of both of them.

I gave it a chance. With an open mind.

 

[LuvtheGoof]

I'd love your take on a rather huge stain on our otherwise enjoyable trip to the 'world', which ended last night. We stayed at FQ (which was in fantastic shape, BTW), but we were subjected to heavy-handed hard sales for DVC right in the atrium pass-thru? Every day we were there, between 8a and 6p, there was a DVC salesperson constantly stopping families, usually making their introduction by offering the kids stickers. The same young man stopped us 3 days in a row and by the 3rd day was quite insistent that we "attend the open house" and became visibly agitated when we told him we weren't interested and had reservations we needed to get to.

I've never seen this tactic used, and I was shocked and disgusted to see this type of behavior be allowed in the lobby of a Disney resort.

You should have taken his name and reported him to the hotel manager. They are NOT supposed to act this way at all. Friendly talk and stickers, sure, but never become insistent or agitated - EVER. We see them at all the resorts we have stayed at, and not one has ever acted this way.

 

[AEfx]

I gave it a chance. With an open mind.

I hear ya - so did I. I really did. But all I can think of is that fake China-Magic Kingdom place where they build the structure but it looks terribly out of place and the surrounding areas give it away as a fake.

 

[LuvtheGoof]

I took the same approach. I've waited to see the results before I judged. And now I feel confident in saying - it sucks. It's absolutely embarrassing that it took that long to do what they did. This is an absolute perfect example of exactly what is wrong with WDW.

Except that you are still judging long before the project is completed. Go figure.

 

[AEfx]

Except that you are still judging long before the project is completed. Go figure.

If I waited that much longer I'd be in a nursing home.

 

[LuvtheGoof]

If I waited that much longer I'd be in a nursing home.

I expected nothing less.

 

[AEfx]

I expected nothing less.

I'm not sure how one could have expected anything less - given how sparse it all looks to begin with, LOL.

 

[MichWolv]

InCom is a real company that actually does stuff, so it isn't solely a patent troll. It appears that the patents it claims Disney violated are ones it developed, as opposed to purchased, which isn't the classic patent troll activity. That doesn't mean this suit isn't patent troll activity, though.

I beg to differ. They are a company that develops a product, patented it themselves, and now are trying to protect their IP against an usurper stealing that IP. By definition, this is definitely not patent troll activity, this is a company trying to protect their paid-for assets. And I do have a bit of knowledge in this area, as I have been accused (more than once) of being a patent troll in my present business, and have convinced people that the term is inappropriate in my case. As someone else said, a troll is someone who typically purchases a patent from the inventor (or other owner), then goes out and sues people who might be using the patented invention. We could get into a debate as to whether or not this is detrimental to the public (I think not, since the troll is actually financially rewarding the inventor for his/her invention), but this case is far from being a troll activity.

I deny your request to differ. We agree.

My last sentence, which I suspect is the one you beg to differ with, was only pointing out that the two previous sentences were not sufficient information to conclude to on whether this was patent troll activity. You added a fact/assumption that "they are trying to protect their IP against an usurper stealing that IP." Obviously, if that is what they are trying to do, they aren't acting like a troll. If, however, they are merely trying to shake down a company only because they can make a plausible argument of an infringement, they're acting like a patent troll here. I don't know which is happening, which is why I caveated my previous sentences. I suspect, however, that it is more likely to be the former (protecting their innovation) than the latter.

And I'm the one who said the bolded sentence, not somebody else! In any event, I happen to agree with your thought that patent trolls can actually be beneficial. As long as they are going after real infringers, as opposed to engaging in what can amount to extortion based simply on the threat of bad publicity of a lawsuit (I've seen plenty of both), they help to regulate the market.

 

[LuvtheGoof]

I'm not sure how one could have expected anything less - given how sparse it all looks to begin with, LOL.

I was talking about your response. It was also very sparse, not to mention a bit snarky, and I guess I kind of expected that from you.

You have certainly made up your mind that no matter how they finish it up, it's going to suck to you. Guess that's why you're on team D&G.

 

[AEfx]

I was talking about your response. It was also very sparse, not to mention a bit snarky, and I guess I kind of expected that from you.

You have certainly made up your mind that no matter how they finish it up, it's going to suck to you. Guess that's why you're on team D&G.

Well, to be honest, I didn't understand what you meant. The majority of the work is done. They can gussie it up but it is what it is. And it took way too long for such a landscaping project, an embarrassing amount of time considering what a classic vista it's supposed to be and the magical "center" of the MK experience.

In any case, I can't reciprocate and share my feelings on you because I have none - I don't have the faintest clue who you are, or why you are so aggressively snarky yourself in choosing to reply to me, but if you have any more personal comments might be best to direct them to me privately.

 

[Iwerks64]

Their patent is not directed to RFID, and in fact the main patent claim doesn't even mention RFID. That Disney implements the system using RFID has nothing to do with the invention claimed in the InCom patent; what is pertinent is whether or not Disney does everything present in one or more of the claims of the patent.

You're absolutely right. None of the claims mention RFID. Only in the description does it say "In one embodiment, the tags are Radio Frequency Identification (RFID) tags". But the claims are all important when prosecuting IP infringement.

Looking at the claims, claim 1 holds priority (all other methods are dependent upon claim 1). I'm not sure Disney will have a hard time defending against this. Remember - you have to do all of the steps in claim 1, or else you don't infringe. Some people who are more familiar with the operational aspects of MyMagic+ may know more, but -

Claims(9)
1. A method for gathering and validating attendance data, including the steps in the order of:
providing a plurality of uniquely encoded tags, the tags adapted to be borne by an attendee;

Yep, MagicBands are a plurality of tags worn by a park guest. Got 'em here

scanning the plurality of tags as the attendees pass into an attendance area without manipulation of the scanner or the tag;

This part I'm not sure on. Don't you have to physically place your MagicBand in proximity to the scanner as you enter the park? I would interpret that as "manipulation of the tag".

creating a provisional attendance report at least partially from information acquired by the scanner from the tags;

I would assume Disney creates an attendance report from based on that entry data. Check.

said creating step including the step of comparing a class list of who is expected to be in attendance with a present list of which tags of the attendees are scanned in the attendance area by said scanning step to determine who on the class list is absent;

This may be another area that Disney doesn't step on. Are they comparing a list of who they expect to be in attendance? With multi-day entry, I don't see that this is valid. It could be simply a way to state that it checks to see who has valid entry. Maybe a gray area.

communicating the provisional attendance report to an attendance tracker individual in the attendance area;

The attendance report has to be sent to a person in the area. This could be broadly defined as to what constitutes the "attendance area".

personally visually inspecting the attendance within the attendance area by the attendance tracker regardless of whether any expected attendees are absent in the provisional attendance report;

Sounds like the person who is getting the report needs to be able to physically observe the guests. This could be an easy way to get around the Incom patent.

identifying differences between the provisional attendance report and results of said inspecting step; and
modifying the provisional attendance report to correct the differences of said identifying step to establish a second attendance report, the second attendance report being more accurate than the provisional attendance report.

So, the physical inspector is helping to look for discrepancies in the attendance report (maybe looking for "gate jumpers") and correcting the report. These are pretty specific operational aspects of the way the attendance report is treated. Again a fairly easy way to get around the patent.

I'm not sure Disney has much to worry about. This patent is fairly restrictive in it's claims.

 

[71jason]

I think you're a little confused, as Westwood is on the other side of Sea Harbor Dr. This would run across the canal towards I-Drive and up along the other side of the retention pond Kraken is next to on either side of the canal. So bordering I-Drive making for some nice eye candy.

I only lived there for 5 years (and literally worked across the street), can't expect me to learn all three of the roads in that time. I actually meant Central FL, but ok, I know where you mean--very visible to tourist traffic, which is probably the most important thing, given their iconic new neighbor up the street.

Of course, bound to rile up the bluehairs in Williamsburg again.