Man who sued over a patent on online photo contests must pay fees to EFF

(credit: Aleksander Markin)

The Electronic Frontier Foundation has advocated against ridiculous software patents for more than a decade, but it wasn't until last year that the organization took on a pro bono client accused of patent infringement. A little-used video website called Garfum.com sued Pennsylvania photographer Ruth Taylor, saying she was infringing US Patent No. 8,209,618. Garfum, owned by a New Jersey man named Michael Garofalo, says the patent was infringed by the photo contests Taylor runs on her website, Bytephoto.

Garofalo's lawyers demanded $50,000 from Taylor as a royalty payment. After they discovered that Bytephoto's income in 2014 was less than $500, they asked to see Taylor's tax returns. They dropped their demand to $5,000, and later to $2,500.

Rather than pay, Taylor got in touch with EFF, and the timing was right. Taking on any patent case was a potentially big commitment. Even one that ends quickly can cost hundreds of thousands of dollars, and cases that go to a jury trial can cost millions.

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