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Just a quick thought on this. If the unbelievable happened and the patents were upheld in court would there then be a case against people like microsoft for damages? After all, they (along with a few other companies) pushed streaming stuff hard and almost made it impossible not to use it if you are in business on the Internet. I'm obviously pretty ignorant on US law but given much of the crap that goes to court it seems that may be a possibility.
Either way although I understand MS and others not wanting to be associated with defending 'smut peddlers', for them to not jump in at this stage when overturning the claims should still be at least a little straightforward if expensive, seems crazy.
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Ignorance is never bliss.
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