TYR Tactical

Hyperstealth Presents Their Side of the Copyright Infringement Case with DCS

A few weeks ago Predator Intelligence released a story detailing that Digital Concealment Systems had filed suit in Georgia Middle District Court against Canada-based Hyperstealth Biotechnology Corporation. Digital Concealment Systems is the designer of the A-TACS AU and A-TACS FG patterns. Hyperstealth’s lawyers sent a cease and desist letter in December to DCS stating that the A-TACS FG pattern infringed on the copyright of several Hyperstealth patterns and demanding that DCS immediately stop manufacturing, marketing, and selling that product. Weighing their options, DCS preemptively filed suit against Hyperstealth in a US court.

Now, Hyperstealth has gone to Predator Intelligence to “tell their side” of the story (our perception). As you may recall, last week we reported that Hyperstealth had released an online catalog of many of their EuroSpec patterns. However, after reading this Predator Intelligence story, it looks like Hyperstealth has held some of them back for use in court.

We are unsure at this point why Hyperstealth is so insistent on trying this case in the court of public opinion. Without prior access to the patterns in question, it’s difficult to make the case that DCS infringed on a copyright of a pattern that no one has seen. Furthermore, all of Hyperstealth’s actions, including these, taken to influence public opinion will most assuredly be brought up in court.

While it makes for a good story. This is best played out in a court of law. The outcome of this trial may well have a long-lasting impact on Hyperstealth’s policy of copyright assertion.

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4 Responses to “Hyperstealth Presents Their Side of the Copyright Infringement Case with DCS”

  1. Jack says:

    If I understand Hyperstealth’s argument, (and I’m, not 100% sure I do) it seems that they plan on (or already are) creating umpteen camo patterns, never showing them to anyone, and then if some guy somewhere down the line comes out with a camo pattern that Hyperstealth deems too similar to one of their secret patterns, suing the guy out of business.

    That would be like me writing a book, never publishing it, and then suing some author years down the line for stealing my book idea.

    I know that intellectual property is protected, but this strikes me as wrong. It might be legal, but it’s chickenshit.

  2. Chris says:

    This is actually a common business practice. http://en.wikipedia.org/wiki/Patent_troll

  3. Bussaca says:

    I’ve liked what Hypersteath has put out in the past, what there is of it.. That being said they always come off as skevey.. Their site is awful, their customer service (unless you’re a country) is meh at best.. And they keep everything behind closed doors… because to release anything would jeopardize their millions of contracts, or those wearing it would be compromised… because their camo is just that good, now the bad guy would know what to look for or some excuse along the same.

    I got an idea, I like their business model. Here I’m just going to set a fractal generator to make 20,000,000 permutations of the same base camo and say i invented everything… eventually I’m going to get close.. And hopefully I do it before anybody else….. I’ll be a billionaire

    It’s dirty business.. at best. They’ve been at the camo business for quite some time, and they haven’t introduced anything that doesn’t look like a shade different of what they made 10 years ago…

    You go to :http://www.a-tacs.com/ or ANY OTHER camouflage manufacture and they have a polished webpage, actual applications of their product, in real life… being used… you go to :http://www.hyperstealth.com/ and you see something that hasn’t changed since the internet started, made by I’m sure the owner’s son’s, friend, the images are VERY RARELY real, mocked up by a 5 year old on MS Paint…

    Most companies try and market themselves to as many potential markets and buyers, Hypersteath comes off as like their crap doesn’t stink, and you should know they are the pinnacle of all things camo, they don’t need to market at all because they don’t deal with you…small people, you end users,…. they only deal with COUNTRYIES AND INITIALS, if you’re not either, you don’t rate… they don’t NEED to market to you… they obviously make enough money from all their massive government contracts, and lawsuits that they don’t need to.. I’m sure Tuvalu’s Navy or Liechtenstein’s Air force is contracting for new camo..

    Still waiting to see something ANYTHING real on their mythical invisibility cloak..

    Please Hyperstealth take your case to public opinion, fit and finish vs. a painted turd.