Nigerian firm sues Negroponte, OLPC for patent infringement

Just months after a slew of OLPC XOs made their way into Nigeria, a Nigerian-owned company is filing suit against Nicholas Negroponte and the OLPC Association for patent infringement. Lagos Analysis and subsidiary LANCOR filed the lawsuit on November 22nd in Nigeria, claiming that the aforementioned parties willfully and illegally reverse engineered its keyboard driver source codes. Turns out, LANCOR makes its ends by selling region specific-based keyboards that allow for direct access inputting of "accents, symbols and diacritical marks during regular typing," and sure enough, the XO's board looks mighty similar to those offered up by the plaintiff. Additionally, the outfit is in the process of "filing a similar lawsuit against OLPC in a United States Federal Court," so we'd recommend snagging an XO or two before Nik Neg and company are forced to inflate prices to pay off those highfalutin lawyers.

[Image courtesy of Konyin and Digital Crusader]

[Gus Jenkins @ Nov 28th 2007 7:19AM]

This is great news, as they contacted me last night via email offering me $60,000,000 in exchange for my bank account info if I let them deposit the funds from the lawsuit into my bank account

[Jamie @ Nov 28th 2007 9:06AM]

No way! THEY ASKED ME TOO!!!

[riggs @ Nov 28th 2007 9:17AM]

hahahahaha. you win.

[enzo @ Nov 28th 2007 2:34PM]

Hah! You both loose because I gave them my bank account information first, now I'll get the $60,000,000!

[pinchies @ Nov 28th 2007 7:25AM]

Boy, the OLPC keyboard is pretty strong on the eyes! What was wrong with black on white for contrast?

[deadlock32 @ Nov 28th 2007 3:42PM]

A) it matches the color scheme of the laptop (the green trim)

B) i am pretty sure that keys are back lit as well

but I understand where you are coming from with your point = P

[SteveMB @ Nov 28th 2007 7:37AM]

Maybe it's another one of those Nigerian scams!

[Adoniteking @ Nov 28th 2007 8:23AM]

Damn!!!...it truly sucks to be a Nigerian these days...Its hard enough for black people to get a job but once u say "am Nigerian"...

interviewer: oh sh**!...CODE GREEN!!! CODE GREEN!!!quickly block his line of vision..Shut down all workstation..swap all terminals for punchcards..

[Mark Richardson @ Nov 28th 2007 8:42AM]

@Adoniteking "Its hard enough for black people to get a job"
Not really. I understand you're mostly being facetious, but seriously, no real employer cares what race you are anymore. If you meet their requirements for education, experience, and professionalism, you will get hired.

If you find an employer who actually does care about your race, just take your business elsewhere; it will be their loss.

[Adoniteking @ Nov 28th 2007 9:22AM]

Agreed..i was only trying to drive across how bad the painted image for Nigerians has become, especially in the IT industry. Although i wouldnt say it isn't self inflicted because the country has some serious problems in all sectors of their government/people. Its how this affects their citizens abroad who are trying to make an honest living that is the real issue to me. If you ask anyone today the first word that comes to mind from the two words.."Nigerian" and "computer{or any IT-related word}", its automatically equated to (419)scammer almost immediately. It worries me cause well am partly Nigerian(hey! no one should shout CODE GREEN now..lol)

[andrewon44th @ Nov 28th 2007 11:34AM]

DEAR SIRS;

I REPRESENT THE ESTATE OF THE MOST ESTEEMED GENERAL MUGATU WHO RECENTLY DIED IN AN AUTO ACCIDENT. HE WAS THE HOLDER OF AN INTERNATIONAL WORLD PATENT ON A PRODUCT AND OR PROCESS THAT YOUR PRODUCT AND OR PROCESS INFRINGES. IN ORDER TO SETTLE THIS DISPUTE IN A TIMELY MANNER, PLEASE SEND US YOUR BANK ACCOUNT NUMBER SO WE MAY SUBMIT THE RELEVANT INFORMATION TO THE HIGH COURT. WE ASSURE YOU THIS TRANSACTION WILL GO SMOOTHLY WITH YOURE FULL COOPERATION.

MOST SINCERELY;
James Witherby, Esq.
Witherby International Atty Firm

[netposer @ Nov 28th 2007 7:41AM]

Engadget what are you smoking with statements like:
"sure enough, the XO's board looks mighty similar to those offered up by the plaintiff."

REALLY? Doesn't most every keyboard look similar to just about every other keyboard?

[David Piatek @ Nov 28th 2007 7:48AM]

quick! duck! the sarcasm just went right over your head..

[nxtiak @ Nov 28th 2007 7:52AM]

Look at the freaking ACCENT marks on the keys, that's what the Patent violation is about. DUH.

[Magallanes @ Nov 28th 2007 7:54AM]

No necessary, the problems is about the distribution of special keys, in my case my generic "banana country" keyboard (Dell) came with "Ñ" letter in the right side of the "L" and not over "N".

[netposer @ Nov 28th 2007 8:16AM]

@ David Piatek...
Not sure if that was sarcasm, was it?

[superfresh @ Nov 28th 2007 8:35AM]

I'm not sure it was sarcasm, either. On the other hand, if you were pairing up characters on keys, I think most of us would have reached the same result.

[Nick @ Nov 28th 2007 10:51AM]

I can understand suing over theft of code... but i cant understand suing over keyboard layout. Can you imagine everyone paying royalties for using the QWERTY layout? Ill be looking for that patent case to pop up in Texas soon.

[m @ Nov 28th 2007 2:41PM]

I, for one, and sure the court will recognize that the OLPC keytops too closely resemble the homemade stickers applied to the Nigerian original. Their invention clearly falls under the category of prior arts & crafts, and Negroponte should have known better.

[eX @ Nov 28th 2007 9:07AM]

WTF kind of patent is that? Each letter is mapped to a closest English equivalent. And besides, accent letters on OLPC are in different location on the same key so they're not in identical positions anyway. Yet another billy bob "company" in Nigeria try to scam people and just anyone, but the company that went to help their own damn country. Let's hope all of their AK-47's break down because of this stupid patent infringement crap.

[Magallanes @ Nov 28th 2007 9:26AM]

If MS can patent "press a button third times in mobiles" then, i don't find too crazy this kind of claim.

[Herman Manfred @ Nov 28th 2007 7:57AM]

All I can say is...THAT is PATENTABLE!!?

[Kevin @ Nov 28th 2007 7:59AM]

Agh! How can you try to sue OLPC?!

Their probably just sueing on behalf of their second cousin who lives in Windsor but is on holiday in Nigeria and they only accept western union.

[Andir3.0 @ Nov 28th 2007 8:16AM]

Didn't Bill Gates just get back from a "charity mission" in Nigeria? It's a conspiracy I tell ya!

[ds.scottyarch @ Nov 28th 2007 8:02AM]

Oh my god, will this never end? This is one of the truly few good things going on in the world right now, and they're suing it? It's like hitting Mother Teresa with malpractice!

[Richard @ Nov 28th 2007 8:31AM]

So it is OK for someone to illegally take away your livelihood as long as it is done with good intentions?

[ds.scottyarch @ Nov 28th 2007 8:53AM]

I replied, check further down the page.

[Andir3.0 @ Nov 28th 2007 9:36AM]

It depends on if your actually making a livelihood off an actual product or your sitting on an idea.

[ds.scottyarch @ Nov 28th 2007 9:43AM]

But don't you think that in cases where the use isn't for the real monetary benefit of the company but is instead for the benefit for people who need such assistance is worth it?

Besides, I find it hard to believe that this company is surviving solely on the copyright of this one thing and that if they lose the lawsuit they'll go under. As I said before, they could settle for making it a "donation" and accepting the great PR that goes along with it as well as the massive tax benefits.

Plus, then it puts them on good terms and in connection with some of the biggest names in the technology world.

[mark @ Nov 28th 2007 8:04AM]

reigonal keyboards with accented keys are no new thing, and a patent on the layout is just silly. take a look at the layout, theres no other logical place for each of the accented letters, but on the key of the non-accented letter.

[MS @ Nov 28th 2007 8:13AM]

It's not the layout that is patented... If you read the story it is the code for the keyboard driver software that the plaintiff claims has been reverse engineered, not the placing of symbols...

[Gravy @ Nov 28th 2007 9:30AM]

"It's not the layout that is patented... If you read the story it is the code for the keyboard driver software that the plaintiff claims has been reverse engineered, not the placing of symbols..."

Exactly. That's why you have to read the patent to see if someone infringes. You can't just look at something and say it infringes because it looks similar to a device that may or may not embody the patented invention. RTFP!

[Peter @ Nov 28th 2007 8:12AM]

If I was designing a keyboard for an unfamiliar language, I might very well order some sample keyboards from that country and copy their layout. I'll bet pretty much every keyboard in Nigeria that supports the special characters uses a similar layout.

I don't see how this is a problem...the OLPC keyboard itself is a different shape, color and uses a different location for the shift key. It would appear that the designs are different enough that this lawsuit would fail. One wonders why an obscure Nigerian keyboard manufacturer would feel threatened. Maybe someone else suggested to them that a lawsuit could be profitable. Can anyone think of any companies that have demonstrated a propensity for IP lawsuits by proxy?

[TheLostSwede @ Nov 28th 2007 8:16AM]

It seems like their patent is about some kind of double shift key as seen on the keyboards here - http://www.konyin.com/ - not sure what that has to do with the OLPC keyboard.
They've apparently got a "European" keyboard which is meant to work in all of Europe and being a Swede and them listing Swedish under their supported languages, I have to disagree. I'm not going to contact the EU representatives for Sweden and make a complaint and have the EU sue them for making a none compliant European keyboard and claiming to have support for a language that isn't actually supported.

[Demios @ Nov 28th 2007 10:30AM]

Truly depressing is what it is. It only takes one person to ruin it foe everyone, or in this case, many.

[Mark Richardson @ Nov 28th 2007 8:27AM]

"LANCOR filed the lawsuit ... claiming [OLPC] willfully and illegally reverse engineered its keyboard driver source codes."
...
"and sure enough, the XO's board looks mighty similar to those offered up by the plaintiff."

So you're saying the appearance of the hardware is evidence that OLPC reverse engineered their keyboard driver? Really?

NOTE: Now I know some of you think that they were being sarcastic with the second statement, but if you look at the context, you'll see they were referring to the layout and special characters available on the keyboard, not poking fun that one keyboard is beige while the other is bright green.

[Eric @ Nov 28th 2007 8:54AM]

Anyone have the source code for the keyboard driver? Maybe a qualified programmer could look for "unique and non-obvious" code in the OSS drivers.

[tekdroid @ Nov 28th 2007 9:38AM]

ds.scottyarch @ Nov 28th 2007 8:52AM
...it's an international project that's trying to do something that helps everyone, not themselves.
----
I can argue nintendo is a corporation giving the world peace, too. Fact is they are just another corporation looking after themselves first, despite their different target markets, so I would have to disagree with not suing if something has been in fact stolen/ copied; it needs to be done if there is to be any justice/order in the world and in fact if the company suspects foul play.

[ds.scottyarch @ Nov 28th 2007 8:52AM]

So it's OK for a company to patent something that is rather obvious and probably used by other people long before they thought of.

In fact I don't think I need to justify this, I think that suing such a project is wrong and, if anything, they should simply ask for recognition that it's something of theirs and leave the money out of it. It's not like it's Dell trying to gyp some other company out of money, it's an international project that's trying to do something that helps everyone, not themselves.

The only thing the companies get who do this is one big tax right-off. Which may be nothing to laugh at but maybe other companies will start doing it.

I'm sticking with my Mother Teresa analogy. Purposefully harming a group who's doing nothing more than trying to make the world better is wrong whether the law is on your side or not.

[JS @ Nov 28th 2007 8:39AM]

I think all of this lawyering has gotten out of hand such that they are not only hurting others but themselves as well. Today we are announcing a new humanitarian mission to deal with this plight on a global scale, it's called OLPL: One Lobotomy Per Lawyer.

[Eric @ Nov 28th 2007 8:57AM]

This really is a potential problem. It is the first (potentially) large scale open source desktop. It may very well set a precedent for years to come. If they don't enforce their patent (if it is valid), they could very well go out of business. MS knows this all too well, and will continue to undercut this project every step of the way.

[Rich @ Nov 28th 2007 9:46AM]

I don't think the OLPC will work too well in Nigeria. From what I can see, there's no Caps Lock key for them to use before writing emails...

[El Bob @ Nov 28th 2007 10:19AM]

Is it just my eyes, or does the "Nigerian Keyboard" have what looks like small gummed stickers in the upper left corner of certain keys?

Nigeria is not known for it's world class computer science, so I doubt these guys did anything innovative.

Besides, didn't the OLPC start with an existing OS? Why would they need to write keyboard drivers? And why on sweet Jesus' feathery grave would they go to Nigeria to swipe code? Is Negroponte that delusional about the lurking mental capacity in the 3rd world country?

Me, I think the OLPC concept is a big joke.

[kj @ Nov 28th 2007 12:09PM]

Me, I think your comment is a big joke.

[feckineejit @ Nov 28th 2007 10:29AM]

That's ridiculous I would sign a petition to support this - does anyone have a patent on petitions? crap I should probably patent my signature incase someone tries to defraud me, at least I can sue them for copyright infringement.

[ŐvbhìÉdÓ @ Nov 28th 2007 10:34AM]

So i guess that nothing good comes out of
Africa
and Nigeria for that matter, except 419 scams and
the like. Sad to see some of these comments.
I would never have thought that Nigerian companies
have come so far as having patents on anything,
much less in the technology sector. I was born and
raised in Nigeria and moved Stateside in the '90s.
So much has changed in terms of development and i
am so proud.
Most of you are referencing
negeativeegeativeegeativeuess that nothing good
comes out of Africa and Nigeria for that matter,
except 419 scams and the like.
I would never have thought that Nigerian companies
have come so far as having patents on anything,
much less in the technology sector. I was born and
raised in Nigeria and moved Stateside in the '90s.
So much has changed technology-wise and for the better, and i couldn't be prouder. While most of you reference negative stereotypes, i see innovation in a country where technology is mostly out of reach for the average person, and for a company to claim a patent on anything means that some research and development went into this. Most of you have no idea what it is to live in a country with very little technology (and access to it).
Do not be quick to dismiss this as another get-rich-quick patent scheme. If in the eventuality the patent is valid, i'll probably burst with pride, give them a ring and congratulate their innovation.
Last time i checked, more American companies have patents on more mundane things.

[Shaun @ Nov 28th 2007 12:38PM]

Stereotypes? Apparently you weren't aware that even countries *bordering* nigeria have had to deal with overflow from the insane amounts of scamming that is going on, as well as mail fraud using bordering countries' addresses.

A stereotype is a statement that, in the end, is false and based on mass-beleif.

There is nothing stereotypical about assuming a Nigerian based company might be a bit scammy when nothing is said about the company (including a name) other than, "they want money".

So let's review:

-Irish people are drunk all the time: Stereotype.

-Puerto Ricans are always late: Stereotype (although my puerto rican friend is admittedly always late)

-You should be cautious when doing any business with a
Nigerian living in Nigeria: Playing it safe based on mass amounts of cases in which people are screwed out of their money.

[ŐvbhìÉdÓ @ Nov 28th 2007 11:11AM]

Forgive the typos. I'm sneakily typing on my N800 in my political science class.

[Edidid @ Nov 28th 2007 11:17AM]

"LANCOR is a pioneer in the development of advanced physical multilingual keyboard technology using four shift keys and characters with combining properties to allow for direct access typing of accents, symbols and diacritical marks during regular typing. LANCOR's technology named Shift2 keyboard technology has been used to create a new class of region specific based keyboards called KONYIN Multilingual Keyboards, which are currently on sale globally. (http://www.konyin.com) "

You peopole should start reading source material.

What they are suing over is the use of the layout which Lancor created. The combination of key presses to create region specific accents and such for native writing.

They created the keyboard specifric to the regions native languages which was completely overlooked by US, EU and Japan based computer companies. OLPC is using want Lancor created without permission. If OLPC is keepuing costs low by stealing other IP then don't expect them to be artound long.

[slyecho @ Nov 28th 2007 1:50PM]

Keyboards with multiple shift keys have been done before just look at the 360 chatpad or the space-cadet keyboard from decades ago.