This is not a workaround.
One workaround is to have your audio or video in a loop much like net radio stations...and you can use whatever streaming server(ie. shoutcast, windows media) by creating a play list.
If the user can't select which item to download, then that gets around the patent claims....this is why Acacia hasn't targeted net radio...they tried with RadioIO back in october 2002, but i think they gave up when the realized it was a bad target.
Setup a schedule that shows what/when the next clips play....the user has to sit there and watch/listen until whatever is they wanted to see appears... but then again, they are watching...spending time on your site...so you can take advantage of that...
they could be viewing previews of things they may not have clicked on, but since it's in their face, its got their attention.
I believe this approach "extends" the patent (as if Yurt, the inventor of the acacia DMT patent, really invented downloadable audio/video) to make it one better.......
Because the audio/video is not able to be selectable, it becomes different than Acacia's patent claims.
Haven't gotten verification yet from a patent attorney, but I do believe this is a real workaround.
For those with audio files, you could shoutcast (
http://www.shoutcast.com - free) and load up your MP3 in a playlist. For Windows Media (for video), i believe you create an .ASX script (haven't done this one before, but know you can link several videos together)
Fight the 11!