Greetings from Virginia y'all,
We received the same letter from Acacia. I sent it on to the Attorney
General's office and they are formulating a plan of attack for the public
higher ed's in the Commonwealth.
I have the same concerns about the "over-reaching" aspect of these patents.
I will keep the list apprised of what we do.
F. X. Moore III, Ph.D.
Assistant Vice President for
Information and Instructional Technology
and Associate Professor of French
201 High Street
Farmville, VA 23909
PLEASE NOTE NEW E-MAIL ADDRESS
[log in to unmask]
From: The EDUCAUSE CIO Constituent Group Listserv
[mailto:[log in to unmask]] On Behalf Of Roger Lawson
Sent: Monday, August 30, 2004 9:59 AM
To: [log in to unmask]
Subject: Re: [CIO] Patent Infringement - Acacia Media Tech Corp
I understand that the deadline to avoid a threatened Acacia lawsuit
is only couple of weeks away, and I was wondering what other schools
I do not have a legal or intellectual property background, but have
been asked for technical advice. I admit to being puzzled by the
I find it hard to believe that their purchased patent passes muster.
As I understand it, they claim that the 1991 patent covers all
demand-based media streaming . This is amazing to me. Weren't we
doing demand media (voice) streaming with our digital phone and
voicemail systems in the 1980s? Didn't newsgroup binaries support on
demand media downloads in the 1980s?
Also, I'm puzzled that they are going after the customers
(universities) of the technology, not the folks (Microsoft, Apple,
Real, etc.) who are selling products that incorporate it. If someone
had a patent on a new automotive technology and discovered GM was
using it, should they go after every GM customer, or GM? Is this
some sort of cynical strategy to go after the more vulnerable, i.e.
more likely to cave to avoid legal costs?
Our attorneys, like others, are working with Wes Blakeslee's legal
group for formulating a defense strategy. I am inclined to recommend
sending them a nice letter saying we believe in patent law and
honoring patents, but don't know what specific applications they are
talking about or why they are contacting us since we use technology
licensed by Microsoft, Real, Apple, etc. Or something like that.
Clearly, I'm no lawyer...
What should the IT position on this matter be?
Roger A. Lawson, Director http://www.uvm.edu/~ral
Computing & Information Technology University of Vermont
email: [log in to unmask] tel: (802) 656-1175 fax: 656-0872
Stay informed about UVM information technology
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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/.