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Originally Posted by AlienQ
FightTHisPatent it won't play out to 2011, the Patent fails the litmus test anyways, Microsoft or the MPEG Consortium would invalidate it or even a move to the Patent Office issueing a false patent by showing the USPTO the cross claims thus revoking it.
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Ltimus test? If there was ever such a thing, you think the defendants would STILL be spending money for attorneys?? It's just not that simple.
In the SightSound vs. BMG case, it took 7 years in court before Sighsight prevailed over BMG for their broad patent of the purchasing of digital files from a web site.
If M$ was not targeted for patent infringement, then M$ would have no reason to jump in. M$ did say they would help those that were targeted by patent infringements that used their software, but that's just been said in a press release.
MPEG does not qualify as prior art. While the specs for it pre-date the patent, it takes someone that distributes an MPEG file from a remote server in order to apply to the patent. The DMT patent relies on technologies like MPEG to handle the compression part in the distribution system.
Your point is that all adult companies should just pay acacia and move on with making money in their business, and they mone that is spent is chalked up as a price for not having a spine.
Acacia still has on the table a class action lawsuit to roll up all adult companies. So why fight it, let them have their class action, get a default verdict since no need to pay attorneys, and then all pay them their money (with auditing rights), and then wait for M$ or maybe the cable companies to get a non-infringement verdict, that would still cause licensees to pay since the patent was not invalidated.
It's a very flawed logic and case that you are presenting.
If you were faced with Acacia telling you to pay up or get sued, you may take the "pay up" route.. and that's fine by me, you can run your business as you see fit, certainly bigger companies have taken a license that had much deeper pockets.
But when you have a large group of companies who are standing up and fighting against something that everyone will benefit (and spending alot of money to do so), your negativity becomes another dagger into the backs of those that are taking a stand.
Fight the Sharp Pointy Things!