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DamageX

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#1

ACACIA's patent not valid in Europe

10-27-2003, 04:33 AM

If you'll take a look here http://www.acaciatechnologies.com/patents.htm you'll see that ACACIA actually does hold patents in most EU countries.

Now take a look here http://www2.europarl.eu.int/omk/sipa...NAV=S#SECTION2 and read the following:

article 52 of the Convention on patents states that software is not patentable

and

wherever the use of a patented technique is needed for a significant purpose such as ensuring conversion of the conventions used in two different computer systems or networks so as to allow communication and exchange of data content between them, such use should not be considered to be a patent infringement

Also notice the date of the resolution adopted by the European Parliament, ACACIA's patents pre-date this. Which means they paid good money for a piece of paper which they can wipe their asses with now, it's worthless. The resolution alone invalidates their patent.

From a discussion about this on another board

also imagine that all the newsservices was writing articles that acacias eu patent has been invalidated... acacia's stock would drop like a rock, and our friends i the US (plus those that do business there) would have ammunition for the US political system and the press.. think about the money that is at stake for the US tax dept if the eu patent is invalidated - the biggest online industry would move to europe and leave all their business in the us behind... then there would be gigantic pressure on the us courts to throw the patent out.. leaving us all to do business as usual :cool:

Food for thought?

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Paul Markham

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#2

10-27-2003, 04:39 AM

And if they start to block EU websites they will get itno all sort of sticky trade wars.

So maybe I should phone them and ask them if CZ is part of the picture, then see what a bunch of lying or honest lawyers they are.

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DamageX

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#3

10-27-2003, 04:44 AM

Originally posted by charly
And if they start to block EU websites they will get itno all sort of sticky trade wars.

So maybe I should phone them and ask them if CZ is part of the picture, then see what a bunch of lying or honest lawyers they are.

Ummm, not sure "honest" and "lawyer" are two words that can stand next to each other.

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#4

10-27-2003, 04:57 AM

Well that still leaves the Question about the Hosting in the US, should we now all move to Europe as a patent free zone ??

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DamageX

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#5

10-27-2003, 05:03 AM

Originally posted by rogerbo
Well that still leaves the Question about the Hosting in the US, should we now all move to Europe as a patent free zone ??

Well, this could happen, if ACACIA wins and the US legislators don't realize the consequences of such a victory. Just imagine the amount of "patent refugees" this could achieve and how much this would hurt the American economy. And I'm not talking online porn only, just imagine how many mainstream companies use video and audio, or link to it! I'm pretty sure this will not be allowed to happen.

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DamageX

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#6

10-27-2003, 05:05 AM

Furthermore, I'm really curious as to how Virgin will react to this patent invalidation, if I'm not mistaken the Virgin group is UK-based. They previously signed a deal with ACACIA to pay the license, but I suspect they will now tell ACACIA to go stick that deal where the sun don't shine.

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#7

10-27-2003, 05:07 AM

Originally posted by DamageX

Ummm, not sure "honest" and "lawyer" are two words that can stand next to each other.
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WiredGuy

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#8

10-27-2003, 11:41 AM

With most processors and hosting still done in the states, I think a few court orders from Acacia can still shut down your operations unless your completely based in Europe (hosting, billing, processing, operations, everything...)

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#9

10-27-2003, 11:45 AM

Originally posted by WiredGuy
With most processors and hosting still done in the states, I think a few court orders from Acacia can still shut down your operations unless your completely based in Europe (hosting, billing, processing, operations, everything...)

WG

This option is becoming more viable every day - True, the cost of the dollar makes it a cheap option to host in the States - But legal abnormalities is beginning to make the States a lesser option.

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#10

10-27-2003, 11:56 AM

Originally posted by HarlotCash Dyker

This option is becoming more viable every day - True, the cost of the dollar makes it a cheap option to host in the States - But legal abnormalities is beginning to make the States a lesser option.

there are probably different legal abnormalities in EU...I dont think it's that easy to transfer your operations...but this is something that needs to be checked thoroughly...

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#11

10-27-2003, 11:58 AM

I believe that hosting in the US would mean you could be shut down, but if you aren't covered by their patent (as in being in a country that isn't subject to acacia), pretty much all they could do is shut your hosting down, correct? As far as enforcement is concerned, they can't enforce their patent in countries where it's invalid, period. It's like trying to shut down CP sites in countries where CP isn't illegal.. Pretty much fucking impossible...

Or am I wrong here?

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#12

10-27-2003, 12:00 PM

Originally posted by charly
And if they start to block EU websites they will get itno all sort of sticky trade wars.

So maybe I should phone them and ask them if CZ is part of the picture, then see what a bunch of lying or honest lawyers they are.

Do that Charly ...
I'm moving my business out of the US.
Plain and Simple ....

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but Acacia is the final straw ...

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HarlotCash Dyker

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#13

10-27-2003, 12:08 PM

Originally posted by avion

there are probably different legal abnormalities in EU...I dont think it's that easy to transfer your operations...but this is something that needs to be checked thoroughly...

thank you
Avion

True - But I am sure most serious European operators have already looked at what is happening and made "what if" plans.
We are setting up a new server bank in Europe on the slim chance we may well need it.

What ever happens, we will not lose a day's down time and we most certainly will not cave in to this a***** crap.
We have offered to donate funds to Choker in his battle to unite usa webmasters into seeking legal action.
This, of course, has little benefit to us as a company as we are not affected at all - But if A**** wins - then expect a huge fall out of American webmasters. No-one wants that.
Just my

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#14

10-27-2003, 12:21 PM

Originally posted by DamageX
also imagine that all the newsservices was writing articles that acacias eu patent has been invalidated... acacia's stock would drop like a rock, and our friends i the US (plus those that do business there) would have ammunition for the US political system and the press.. think about the money that is at stake for the US tax dept if the eu patent is invalidated - the biggest online industry would move to europe and leave all their business in the us behind... then there would be gigantic pressure on the us courts to throw the patent out.. leaving us all to do business as usual :cool:

The people fighting Acacia need a public relations firm, this has been said many times.

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DamageX

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#15

10-28-2003, 02:41 AM

Originally posted by Mr.Fiction

The people fighting Acacia need a public relations firm, this has been said many times.

Maybe it's about time someone set on up?

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#16

10-28-2003, 02:53 AM

Originally posted by WiredGuy
With most processors and hosting still done in the states, I think a few court orders from Acacia can still shut down your operations unless your completely based in Europe (hosting, billing, processing, operations, everything...)

WG

If this theory is correct and the US courts did not stand up and slap these acacia bitches around I would completely move my business outside of the US in a heartbeat.

This whole situation is really just one big government fuck up.

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#17

10-28-2003, 02:58 AM

Originally posted by DamageX

Well, this could happen, if ACACIA wins and the US legislators don't realize the consequences of such a victory. Just imagine the amount of "patent refugees" this could achieve and how much this would hurt the American economy. And I'm not talking online porn only, just imagine how many mainstream companies use video and audio, or link to it! I'm pretty sure this will not be allowed to happen.
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