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Old 10-09-2003, 10:59 PM   #1
Groove
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Groove's patented "How To Evade Acacia Strategy"!

The European Parliament recently voted to invalidate business method patents. Which [correct me if I'm wrong] means that Acacia's patents will no longer be valid in the EU.

Here's a quote from the official EU web site:

Quote:
... inventions involving computer programs which implement business, mathematical or other methods and do not produce any technical effects beyond the normal physical interactions between a program and the computer, network or other programmable apparatus in which it is run should not be patentable.
http://www2.europarl.eu.int/omk/sipa...NAV=S#SECTION2

So to evade Acacia's royalty fees all you need to do is transfer all of your video-related assets to an EU company and do your processing and hosting in the EU. There is however one potential catch... It will probably take a year or more before the relevant legislation becomes law and there's a slight possibility that it will never become law. So it would be prudent to choose EU jurisdictions where Acacia does not presently hold patents.

Please discuss
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Old 10-09-2003, 11:05 PM   #2
pamphage
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ok globill ;)
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SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR.
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Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.
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Old 10-09-2003, 11:05 PM   #3
Suckitbitch
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Quote:
Originally posted by Groove
Please discuss [/B]


You are still based in the US, and have no seemingly legitimate reason to move your business to the EU except to avoid litigation.

You will also get raped up the ass with euro taxes and are leaving things dangeling by a thread when processing through the EU banking relationships.


Why not Canada? No Acacia patents registered or pending there.

Mind you, no stable or reliable 3rd party billers either.
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Old 10-09-2003, 11:12 PM   #4
Dcat
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Well, for starters Acacia does not hold it's DMT patents in Canada!
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Old 10-09-2003, 11:17 PM   #5
jason420
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very informative. Thanks!
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Old 10-09-2003, 11:18 PM   #6
Groove
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Quote:
Originally posted by Suckitbitch
You are still based in the US,
I am not in the US and will shortly be moving offshore,

but I get your point

Quote:

and have no seemingly legitimate reason to move your business to the EU except to avoid litigation.
You would need the advice of a lawyer to determine what would be required to ensure that the company was deemed to be genuinely EU. For example, there is nothing to stop you from outsourcing some of the actual work offshore, then it would appear more legitimate.

Quote:

You will also get raped up the ass with euro taxes and are leaving things dangeling by a thread when processing through the EU banking relationships.
Not if you set-up in a tax haven like Gibraltar.

Quote:

Why not Canada? No Acacia patents registered or pending there.
The EU is proposing to specifically invalidate this type of patent. Whereas I was under the impression [though I could easily be wrong] that it is possible to patent a business process in Canada and that Acacia has already applied for patents there.

Quote:

Mind you, no stable or reliable 3rd party billers either.
That is another stumbling block.
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Old 10-09-2003, 11:20 PM   #7
Fabuleux
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Finally some good news...
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Old 10-09-2003, 11:24 PM   #8
BigFish
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Quote:
Originally posted by Dcat
Well, for starters Acacia does not hold it's DMT patents in Canada!
quiet got da letter and he's in Canada
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Old 10-09-2003, 11:31 PM   #9
Groove
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Quote:
Originally posted by Dcat
Well, for starters Acacia does not hold it's DMT patents in Canada!
According to IMPAI that won't help you much:

Quote:

Canada in most instances will automatically recognize Patents issued in the United States. Additionally, if you make money within the US then the Patent Holder can go after your business dealings in the US if you are found to be in violation of a Patent.
http://www.impai.org/patent.html
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Old 10-10-2003, 09:52 AM   #10
Groove
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Quote:
Originally posted by Fabuleux
Finally some good news...
Maybe
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Old 10-10-2003, 10:33 AM   #11
Suckitbitch
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Quote:
Originally posted by Groove


http://www.impai.org/patent.html

That is extremely vague and misleading.


You can't litigate and seek damages over unregistered intellectual property.

Damage awards in Canada are based on the plaintiff's actual loss. I'm not sure how Acacia would go about proving that. Acacia has made no attempt to register their patents in Canada anyway.
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Old 10-10-2003, 11:06 AM   #12
Suckitbitch
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Quote:
Originally posted by Groove
that it is possible to patent a business process in Canada and that Acacia has already applied for patents there.

http://patents1.ic.gc.ca/intro-e.html
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Old 10-10-2003, 09:59 PM   #13
Groove
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Quote:
Originally posted by Suckitbitch
That is extremely vague and misleading.

You can't litigate and seek damages over unregistered intellectual property.

Damage awards in Canada are based on the plaintiff's actual loss. I'm not sure how Acacia would go about proving that. Acacia has made no attempt to register their patents in Canada anyway.
Are you saying that US patents are not recognized in Canada?
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Old 10-11-2003, 10:00 PM   #14
Webby
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Groove:

Quote:
I am not in the US and will shortly be moving offshore,

but I get your point .... and the rest.
You are heading in the right direction!!


As far as Acacia is concerned... they can take a running jump into oblivion! This is an example of the "civilized world" at it's best.

Never, ever, will be be paying one dime to Acacia - whether under any court order or not. For a start "we" don't recognize the jurisdiction of any court other than where we are based - and fat chat they will ever listen to BS crap from some assholes :-)
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