...And Here, Darn it, Are The Heartbreakers

Final Compilation/Analysis by ANN Editor-In-Chief/Corporate Insomniac, Jim Campbell

It is both the most "fun," and most difficult task, facing the ANN staff at the end of every year -- determining who, or what, did the most to promote the cause of aviation in the past 365 days... while also chastising those people or entities that did all they could to undermine the many successes the aerospace community has managed to accomplish.
 
Alas, 2010 saw more than its fair share of downers, aviation-wise. Sure, "stuff" happens... but a few folks, issues, or entities seemed to go out of their way to create problems for the world of aviation.

So... it is ANN's annual obligation to recognize a dozen or so of our Aero-Heroes/Heartbreakers for 2010... in something of an informal order -- Saving the 'best' for last.

Let us know what you think of our selections... whom YOU would have liked be included, or omitted, from such a list. In the meantime, we hope those who had something to do with this year's selections think a little more positively about the welfare of this industry, so that future lists become harder and harder to catalog.

Be it ignorance, arrogance or just plain incompetence, these were the folks or topics that made our lot a whole lot more difficult and immeasurably injured the aviation world in the past year.

Shame on those issues, folks, or groups that made our lot so much tougher in 2010...

Aero-Heartbreaker: The FlightPrep Debacle

As 2010 was coming to an end, an intriguing story started emerging concerning a patent issued to a small company called FlightPrep, who made a number of flight planning products used by pilots. The patent reportedly gave FlightPrep the idea that a number of online flight planning utilities owed them compensation for perceived violations of their patented Intellectual Property. This caused them to start sending letters to the 'infringers' asking for confidential negotiating in order to define the parameters of the alleged infringement. This effort did not get the desired result.

Most companies simply ignored them... including a free online flight planner much favored by a number of GA and Sport Pilots known as RunwayFinder. It was a small and useful site, it charged no fees for its use, and obviously was not making its founder/designer any real money. It was little more than a hobby site... albeit a popular one.

Not getting the desired result, FlightPrep sued RunwayFinder.com... and the industry took notice -- with a vengeance.

It used to be hard to get the aviation industry to get behind something important... but not-so-much anymore, as the power of the Internet appears to have handed this embattled aviation resource, RunwayFinder, a bit of moral support as they dealt with the threat of legal action from their pseudo-competitor, FlightPrep. The damage mounted quickly as the industry decided that FlightPrep's heavy-handedness didn't fit their sense of what was right or proper. A massive amount of support rallied to the defense of RunwayFinder, while FlightPrep attempted to explain, clumsily, their defense/rationale on their corporate blog... but WITHOUT allowing comments onsite (and judging by comments elsewhere, they probably got tired of the invective... as by then it would have been hard to find a more unpopular aero-company than FlightPrep). Later; FlightPrep removed a number of complaints and negative comments from their FaceBook page... it seems that FlightPrep did not suffer criticism willingly.

While FlightPrep eventually scared RunwayFinder.com into shuttering its site after filing a lawsuit claiming over $3 million a month in damages, (while others reportedly shut down even before getting sued), it did reach an agreement with skyvector.com (who reportedly made a deal, which they are not allowed to discuss, based on the anticipated costs of fighting the patent). Meanwhile, FlightPrep continued to wage a losing battle. Industry reaction continued sharply negative with many indicating that the FlightPrep patent was seen to be "broad and over-reaching."

The criticism and invective grew... from within and outside aviation... even drawing negative commentary from the Electronic Frontier Foundation (though aero-associations like AOPA and EAA remained silent -- and unresponsive).

Research was published showing a number of examples of online flight planning utilities created prior to the earliest initiation of the patent application by FlightPrep's Stenbock & Everson. Industry giants Jeppesen and their client AOPA, as well as FlightAware and fltplan.com all denied FlightPrep's attempts to seek compensation... thereafter refusing FlightPrep's attempts to negotiate with them.

And while all this was occurring FlightPrep continued to shoot themselves in the foot with deadly accuracy -- with tactics many saw as both "bullying" and selfish. NavMonster.com shut down in all the hub-bub... to reappear weeks later with something of an agreement in place allowing them to continue -- though rumors persist that the agreement is a tenuous one. RunwayFinder vowed to fight the legal assault and launched a fund-raising drive to deal with the immense costs of a defense... and found the community rallying to their side with money, petitions and tremendous moral support... while the tarnished rep of FlightPrep continued to get dragged through the mud.

In and amongst all this, ANN, which had been reporting each incident blow by blow, started receiving threats... and identified key elements of that threat that suggested that someone at FlightPrep had cooperated with the process by allegedly either sending the threats themselves or offering up emails of those who had written them to complain of their tactics to the person who did transmit the threats ... and then it got REALLY weird.

If there was any question as to the temperament and ideology behind FlightPrep's motives, a message sent by FlightPrep Boss Roger Stenbock pretty much answered them. In an email responding to the mounting criticism of their actions, Stenbock wrote that, "I base my affairs on the principles on which this country was founded - liberty, free enterprise, fairness, and the rule of law, not on the collective rage of a mislead mob stirred up on the internet."

Well... the 'mob' didn't like that... pointing ever more to the arrogance, secrecy, bullying and perceived greed of FlightPrep as the actions of a company that had little regard for the aviation community and seemed to be motivated only by the lure of compensation for a patent that, by now, was widely viewed as shaky and destined to fail under any serious legal assault. While the company eventually answered a few softball questions, it eschewed any real dialogue over its actions and plans... even refusing to answer a dozen questions respectfully postured by ANN a few days ago... ostensibly for legal reasons (while answering others that weren't asking 'serious' questions). It was pretty obvious that FlightPrep had no intention of answering anything of a substantive nature.

During all these machinations, a "BoycottFlightPrep" online petition gathered well over 1200 cyber-signatories, and reports reached ANN that the anti-FlightPrep sentiment was, indeed, negatively impacting FP's bottom line in a big way. And yet... no contrite apology came from FP for trying to bully the industry into submission... there was no mea culpa or attempt to fix their rep... just stony, arrogant, silence. And that's where we stand... with a few 'bombs' reportedly ready to drop as the inevitable legal process works its way to an eventual confrontation.

Add it all up and a few things are obvious... right or wrong (patent-rights-wise) FlightPrep has acted like a school yard bully and carried itself off poorly. They've shown little regard for the effects caused by the loss of some valued flight-planning utilities -- effects which many feel reflect negatively on GA safety. Further; investigations by ANN have uncovered a number of questionable histories involving Stenbock and company's prior business practices that lead us to believe that the FlightPrep matter may get a bit more ugly before any possible resolution. There is more info on that to follow shortly... but testimony about Stenbock's business practices in 1989 certainly worried one Circuit Court Judge enough to rule against him in a dispute with some former business associates -- noting that, "Either Mr. Roger Stenbock is not telling the truth and has not told the truth in this courtroom, or he has perpetrated a fraud upon his fellow shareholders that has gone back over a number of years..."

And from there, it reportedly gets even more ponderous. More details to follow.

Aero-Summation/Opinion: FlightPrep has, indeed, been awarded a patent that required over half a dozen failed attempts to finally yield success. There is plenty of prior art to suggest that the unique aspects of the FlightPrep patent may not survive a serious legal assault. FlightPrep's bullying and legal actions have been a blight on the aviation business and their ethics/attitudes appear suspect. They do not appear to be, even remotely, good 'aero-citizens' and at a time when aviation needs to band together to survive, their actions cast an embarrassing pall on all of GA. Records, reports and interviews suggest that the tactics and negative behaviors of Stenbock and FlightPrep are not unique to this situation and we fear that even more confrontational and negative actions may result.

The FlightPrep debacle may, indeed, go down as one of the most foolish scenarios ever perpetrated on the GA business and we fear for the damage this may do to an already embattled industry.

ANN calls upon FlightPrep to apologize for their tactics, to back down on the threats, and quit harassing valued GA utilities that have asked for so little and offered so much to the GA world. If they must insist on the patent fight, surely there is a far more civilized way to conduct their business and we urge them to do so. In the meantime, we support the legal fund-raising for RunwayFinder and do believe and expect them to prevail so long as they are able to afford and mount a capable legal defense. ANN will donate to this fund and do so because we believe it to be in the best interests of GA.

Finally; ANN will accept no advertising, sponsorship or associated revenues by FlightPrep or any companies affiliated with same. - Jim Campbell, ANN E-I-C.

FMI: Comments/Criticism For ANN? , www.boycottflightprep.com, www.runwayfinder.com, www.navmonster.com, www.flightprep.com