The story confuses patents and copyrights. The guy might have copyrighted it, but given the goofy things that get patented these days, that’s not impossible either.
Johnson patents new softball throw
A Prattville [Alabama] native has patented a new pitch for softball.
Jerry Johnson grew up in Prattville and attended Autauga County High School. After gradation, he enlisted in the military and spent 26 years, retiring in 1993. During his military career he became interested in softball.
The final four years of his military service, Johnson was assigned to the U.S. Army Recruiting Battalion in Beckley, W.Va. After his retirement, he taught ROTC at Greenbrier West High School and became the head coach of the girls softball program. In 2003, he was hired as the pitching coach at Mountain State University.
While coaching women’s softball at Mountain State, one day Johnson was playing around with different grips and release points in the pitching room at MSU.
“Pitching in the backstop, you release the ball and kind of look at it. It’s hard to do, but one night I noticed the ball had a different spin on it, a different rotation. The ball stays knee high, has a very slight curve and a very, very slight drop. The speed is between a fastball and change-up. It’s a good off-speed pitch. It has two different grips and two different releases. The spin/rotation of the ball is what makes the pitch,” Johnson said.
John predicted this sort of nonsense three years ago in his PC Magazine column!
I was the moderator for a Commonwealth Club debate between fabled Law Professor Larry Lessig and Todd Dickinson a couple of years ago. Dickinson was the director of the US Patent and Trademark Office under Clinton and a huge promoter of the idea that business models should be patented. From what I could tell, he thought everything should be patented. So I asked him if a football play could be patented. He said probably not, since there had to be something technological about it to qualify. “But what if this was a timing play?” I asked. My jaw dropped when he said it could probably get a patent! I was stunned at such an outrageous and stupefying notion. What can you say to a guy like this?
I guess as long as the copyright doesn’t prevent other people from actually PERFORMING this pitch, then it’s not all bad. I think it just means that nobody else can market an instructional video for it. Now, if he is able to collect everytime someone uses one of his pitches…I’m going to copyright my sneeze!
So now that he is marketing the instructional video for sale and profit, I’m sure all the softball players who hear about this will just laugh and teach themselves the pitch.
Homegrown YouTube instructional video in 3…. 2….
Not being a lawyer, I can’t say for sure, but my guess is he can sue someone using the pitch in a game as well as if used in a video or other money making enterprise. He has the rights to it, so as owner, he can say how and where it’s used.
Does this mean that catcher hand signals will be replaced by EULA license cards flashed to the pitcher? Orwell, I mean or will, the catcher just have to wear an external “video cup” which scrolls the info and disclaimers out to whichever parties, the 86 person MLB, NSA, NCAA and Homeland Security Sports Division legal teams in charge of this issue decide need to see it? (NSA-that’s the National Softball Association, not the other NSA. The other NSA only covers Golf and Polo)
It’s not patentable subject matter. He has a copyright on the video. You could make your own video teaching the same pitch, so long as you make your video appreciably different.
35 U.S.C. §101. Inventions patentable
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title [35 USC § §1 et seq.].
John, I’m not so sure if this is patentable or not. If Amazon can patent one click…
Just happened to run across this article earlier today…..sort of ties into this copyrights stuff.
http://www.mercurynews.com/mld/mercurynews/news/local/15196766.htm
Not sure how long it will be available.