I just read the license agreement that they want us to sign. On page 4
there is a payment schedule that allows you to calculate (based on #
transmissions per month) the exact amount of the monthly royalty
payment. The $5,000 shown in the letter is the minimum royalty payment.
Has anyone figured out how you would even calculate an actual monthly
royalty payment? Is anyone tracking transmissions that use this
We are also turning this over to legal and will do nothing until we hear
back from them.
Chief Information Officer
Information & Technology Services
Rochester Institute of Technology
585 475 2233
From: The EDUCAUSE CIO Constituent Group Listserv
[mailto:[log in to unmask]] On Behalf Of Nick Backscheider
Sent: Thursday, August 05, 2004 2:48 PM
To: [log in to unmask]
Subject: Re: [CIO] Patent Infringement - Acacia Media Tech Corp
Auburn University (Alabama) has also received a notice from
Acacia claiming that we are using streaming and/or downloadable video
and audio content via the internet for educational purposes and
requesting that we enter into a license agreement for the use of the
technology on which they claim to hold the patents. The notice is
accompanied by an offer of waiver of past royalties if we sign by
September 14. They do not explicitly notify us of any particular
instances of the alleged [mis]uses by Auburn University.
We have referred this to our lawyers and do not plan to sign
anything in the immediate future - certainly not a document that they
have composed without careful legal review.
It has been pointed out to us that the letter to AU comes right
on the heels of the adverse court ruling and subsequent 37% drop in
stock price. It may be that they are trying to nail down as many
licenses as quickly as possible to remediate the drop in stock price and
capture as much as possible before they completely lose the patent
Nickolas A Backscheider
Assoc Executive Director
Office of Information Technology
110 Telecommunications Bldg
Auburn University AL 36849
Participation and subscription information for this EDUCAUSE Constituent
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Participation and subscription information for this EDUCAUSE Constituent Group discussion list can be found at http://www.educause.edu/cg/.