GoFuckYourself.com - Adult Webmaster Forum - View Single Post

Hooper · 07-20-2003, 08:34 AM

Their patents are broad, but their justification for going after internet is that the videos are transmitted over phone lines, cable and/or satelite.

What i'm wondering though is the nature of server technology. If you look at the flow of data from server to end user, it's all cat5 cables and fiber until it gets to the isp that the end user is connected to. At that point the ISP transmits the video to the end user dependent upon what kind of agreement and service plan the subscriber has with the isp. Accordingly the video streaming source has really 0% control over what physical line type the end user receives the video through.

While i know that spike and jmm et al are using a wise strategy, which is a) dispute the validity of the patent first.. and if they lose that then b) they will likely enjoin a lot of big companies (especially the reals/microsofts/apples of the world).... but what i would vote for and i cant see being technologically or legally unsound is to enjoin every single isp in the united states as well because they are profiting directly off of the violation of the patent (if it's valid) but more importantly, they are actually the ones making the important choice to transmit in a way that specifically violates it.

JMHO... probably useless now.. but if things go badly with prior art and the patents are declared valid, then it might worth a thought.

Although (just stream of consciousness typing here) it might be useful in invaliding the patents because the video streamer per se has no control over whether the patent is violated. For example, T1 users and Fiber and microwave subscribers dont appear to fall into the patent as it's written. And a video producer has no way of telling which is which.. and the actualiy transmission to the isp is done in a method that does not violate the patents... and since the video producer/streamer does not control the entire system and acacia can only hold them liable for what they *do* control (not to mention that acacia's patents describe the *entire* system from encoding and transmission to decoding and reception... no?

Perhaps to clarify. I create a patent that covers playing the note Aminor and distributing it via the radio frequencies 90.5-91.5. Somehow i get the patent office to allow it. And now i want to sue.

Do i sue the artist who used A minor? Do i sue the nationally syndicated satelite fed radio station? Or do i sue KXAB 91.2? To me it seems that it is obviously the latter. Why? Because KXAB is the one who has the ability to prevent infringement on my patent.

So now back to acacia... do isp's have the ability to prevent the streaming of audio and video via cable, telephone or satelite? YOU BETCHA.. the ISP's themselves know exactly what kind of connection the end user has.. AND they have the ability to filter content, ports, packets etc at a router level before THEY deliver it to the end user.

Done ranting.

07-20-2003, 08:34 AM
Hooper Confirmed User Join Date: Jul 2001 Location: A Free America Posts: 2,210	Their patents are broad, but their justification for going after internet is that the videos are transmitted over phone lines, cable and/or satelite. What i'm wondering though is the nature of server technology. If you look at the flow of data from server to end user, it's all cat5 cables and fiber until it gets to the isp that the end user is connected to. At that point the ISP transmits the video to the end user dependent upon what kind of agreement and service plan the subscriber has with the isp. Accordingly the video streaming source has really 0% control over what physical line type the end user receives the video through. While i know that spike and jmm et al are using a wise strategy, which is a) dispute the validity of the patent first.. and if they lose that then b) they will likely enjoin a lot of big companies (especially the reals/microsofts/apples of the world).... but what i would vote for and i cant see being technologically or legally unsound is to enjoin every single isp in the united states as well because they are profiting directly off of the violation of the patent (if it's valid) but more importantly, they are actually the ones making the important choice to transmit in a way that specifically violates it. JMHO... probably useless now.. but if things go badly with prior art and the patents are declared valid, then it might worth a thought. Although (just stream of consciousness typing here) it might be useful in invaliding the patents because the video streamer per se has no control over whether the patent is violated. For example, T1 users and Fiber and microwave subscribers dont appear to fall into the patent as it's written. And a video producer has no way of telling which is which.. and the actualiy transmission to the isp is done in a method that does not violate the patents... and since the video producer/streamer does not control the entire system and acacia can only hold them liable for what they do control (not to mention that acacia's patents describe the entire system from encoding and transmission to decoding and reception... no? Perhaps to clarify. I create a patent that covers playing the note Aminor and distributing it via the radio frequencies 90.5-91.5. Somehow i get the patent office to allow it. And now i want to sue. Do i sue the artist who used A minor? Do i sue the nationally syndicated satelite fed radio station? Or do i sue KXAB 91.2? To me it seems that it is obviously the latter. Why? Because KXAB is the one who has the ability to prevent infringement on my patent. So now back to acacia... do isp's have the ability to prevent the streaming of audio and video via cable, telephone or satelite? YOU BETCHA.. the ISP's themselves know exactly what kind of connection the end user has.. AND they have the ability to filter content, ports, packets etc at a router level before THEY deliver it to the end user. Done ranting. __________________ <a href="http://www.adultplatinum.com/"><img src="http://www.adult.com/wmbanners/10dcash-468x60.gif"></a>