How does Acacia effect Canadians?
 

I asked in another thread but it got hijacked.

Acacia doesn't have a patent in Canada.

So Canadian webmasters aren't effected by this?
What if I'm an american but I host my content in canada?

and what if I am a Canadian and host my content in the US?

I believe that you're still a US entity, therefore you would be required to pay royalties... But don't quote me on that.

And I think you MAY still be subject in this case as well, but I'm not sure.. quiet would probably be the one who knew.

I think If you make $$$ in the US you are subject to their patent claims.


Don't you think if you were "safe" in Canada there would be a mass exodus up there?

Don't quote me on that, but my understading is:

if you have a permanent establishment or a branch in the US (under the definition of the OECD), these operations that you are carrying through these entites would be subject to the US patents laws.

The use of facilities solely for the purpose of storage, display or delivery (hosting) of goods or merchadise does not contitute a permanent establishment or a branch.

So, if you are only hosting your site in the US with a Canadian corporation you are not considered as a permanent establishment nor a branch.

:2 cents:

If you are a US entity and incorporate in Canada and move your business assets up there for the purpose of minimizing their claim against you, you may run into some trouble.

If you have a good business reason for moving there (ie, something other than to avoid litigation) a court may accept it.

If you are Canadian based (ie, no initial US prescence) and have a Canada/Provincial corporation Acacia has no claim against you because they don't have a registered patent or even an application pending. Last I checked you can't litigate for patent infringement if it doesn't exist.

There are international patent treaties, but these apply more to the patent process especially through WIPO, not litigation.

Acacia only appears to be registering the patent in countries where there are the most targets for their ponzi scheme.

then get your files the hell out of my country

:1orglaugh :1orglaugh

but i AM CANADiAN btw ! :)

a patent isn'T worlwide?

ok I'm lost...

a US registered patent is not a "world patent". There is no such thing.

:1orglaugh :1orglaugh :1orglaugh

then I could claim I invented that patent in canada?

No because the people that work at our patent office dont give out patents like the way the give out cheese samples at your local loblaws

:glugglug

:1orglaugh


Best of luck, it will run you about 15k for the patent filing alone. about 50k-100k if someone opposes it (which basically costs them nothing to do).

Canada isn't big on ponzi scheme patents anyway. Their patent in its current form would most likely be rejected. There are also tons of existing VOD/streaming patents registered in Canada which may also have something to do with why Acacia hasn't even bothered to apply.

Hmmmm... i'll start poking around in the canadian patent office database...... prior art for VOD stuff would need to be 1990 or earlier.... thanks for the post.. i have so many leads that I am chasing.


Fight The Patent!

And now, a short interlude in the thread:

I started today with the beginning of an ambitious idea of forming a non-profit (501c3) orgnization called Fight The Patent Foundation.

This new organization continues the work that i started with FightThePatent.com by going further with the charter of helping to invalidate bad patents at the USPTO and in assisting defendants in litigation.

FTPF has an altruistic approach to fighting patent abuse, described better at http://www.FightThePatent.com/go

To execute on the vision of FTPF, i have started a fund raising Pledge Drive. Looking to raise $250,000 by webmasters banding together and donating $100. As you can see by the pledged total below, your fellow webmasters are supporting this effort. You can also see there is along way to go, but then again, it's only been 1 day.


Now back to your regularly scheduled thread....



Fight the Patent!

just like all you americans would say "we dont want your shit in our country"

Of course.. I know myself, I'm exempt because I simply don't deal in video at all.. So I'm not sure, hence why I said don't quote me" :)

Ok then I would likely be ok anyways, because we have no US presence except processing (even our server is hosted here), and we are a purely Canadian incorporation. Then again I don't work in video..but it's good to know for future reference.