Acacia Question
 

More something I been thinking about actualy.

Lets say for the sake of argument that Acacia's Patent holds their ground and we're fucked.

Now They say that webmasters promoting a sponsor are in the clear as lomg as that sponsor has a license.

On the other hand if we promote an "unlicensed" sponsor with video we need a license.

Ok, we might not agree with that, but lets take it for fact atm.

Now lets change the situation a bit:

A sponsor operates and hosts from a country where Acacia holds no patent. In that case the sponsor does not need a license, and therefor (I think) Acacia can not acuse the webmaster that promotes that sponsor from infringing since the surfer is taken to a place where the patent does not apply and since the stream or clip, zipfile with the video(or whatever) does not originate from the webmaster's site(he/she merely promotes the sponsor) That webmaster can't be held accountable in any way.

If my above way of thinking is correct that would be a relative simple and cheap way to render Acacia and their patent powerless.

Also the sponsors that would handle it that way would stand to make a lot of bling and their competition who settled take a blow.

Now Im here anon. because I'm not interested in receiving a package obviously :winkwink:

But I can say I'm from Europe. So any US legal eagles could give me their opinions on this?

Whatdaya think?

Keep it simple. Leave law to the lawyers. That's what we pay them to do.

I am no legal eagle, just a tech-head.. but, your idea could work on the following grounds (IMO):

1) you were in a country that didn't have any Patent office...EU is under one umbrella, so even if your particular European country doesn't have a specific Acacia patent filed, the fact that they have them in the major ones will probably have them apply to the other countries.


2) you have no assets in the US. Sounds great to just stream from another country that is more lax in their laws, but you are doing business into the US, so you could have your US-based assets gone after.



Fight the Patent!

My opinion is that a rabid weasel will attack anything that moves. Unless it's hungry, then it'll even bite rocks.

Keep in mind, under US patent laws, when you're accused of infringement, the burden of proof falls on you to prove that you aren't. Fucked up, I know, but that's how it is.

Actualy those that did so far ended up settling so I think we need to think for ourselves also :)

It never hurts to have a worse case scenario in place Before it occurs. And if it doesn't occur all the better but being prepared is never a bad thing :)

Precisely why I posted this. to get some insight into how it's done in the US.

Isn't it so that they can only go after your assets in the country you broke the law/infringed etc..?

For example let's say I live in France, but I can start a business in Spain Whatver I do in Spain I can only be held accountable for in Spain, not in France.

Now to relay that to my example:

A webmaster living in the US rents a server in a country Acacia holds no patent, and starts a company there. From that setup he promotes a sponsor that also hosts and operates from a country Acacia holds no patent.

So in short he has no bizz in the US but offshore.
Can he be held accountlable in the US? I would think not but since i'm not living in the US I'm not 100% sure.