Quote:
Originally posted by latinasojourn
DO NOT BE AFRAID OF THIS TYPE OF LAWSUIT. IT IS A CIVIL LAWSUIT, NOT A CRIMINAL LAWSUIT. THE ONLY THING THEY CAN DO TO YOU (IF THEY WIN) IS FORCE YOU TO NOT USE VIDEO ON YOUR WEBSITE(S)---YOU WILL NOT BE GOING TO JAIL.
THE WORST THING THAT WILL HAPPEN TO A SMALL WEBMASTER IS THAT YOU WILL GO THROUGH THE INCONVENIENCE OF PUTTING A NOTICE ON YOUR WEBSITE THAT MEMBERS WILL BE RECEIVING THEIR VIDEOS BY DVD, FEDEXED TO THEM (NOT MAILED).
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You left out a very major outcome of losing against Acacia... you will be fined for infringement, retroactive to the first day you made money from the use of digital audio or video files, and if they can prove that you "willfully infringed", then that number is multipled by 3.
It's much more serious than just making you not use video on your website.
I don't believe that Acacia will prevail in court, but I do know that a court trial could run several months, even years.
And most webmasters don't have the cash to handle the lawsuit, let alone $10K-$30K opinion paper from an IP firm to state why they are not infringing, let along the costs for litigation.
This is why I believe they will start getting court orders after Dec. 1st, and allow you to weigh your options of either settling for a lower amount then going to court.
Fight the Patent!