Quote:
Originally posted by FightThisPatent
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!
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correct FTP, but past "infringements" are hard to prove.
People have to understand something. The basis of a civil lawsuit revolves around the concept of an economic loss to the injured party. If you can't demonstrate and prove the loss, you can't win damages.
To win on "past" infringement acacia must demonstrate to a jury that the little guy with a few downloadblabe videos on his site has caused a loss to acacia.
Any reasonable juror would think, well, Mr. Berman if you knew that "www.mygirlfriendtheharlot.com" was hurting you in 1997 why did you wait till 2002 to send them a letter?
And acacia must prove past infringement. Which means they actually must JOIN all these websites they are trying to prove past infringement, and they must be able to prove the length of time the infringers were infringing.
Logistically impossible for 40,000 litigants.