Re: [Patents] Re: Acacia Pursuing Streaming Patent

["Brenno J.S.A.A.F. de Winter" <brenno@dewinter.com>]

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Pilch,

If I read this it sounds to me like prior art, what would you say.

| In a way, any computer can be considered to be an infringement of this
| claim, because any computer comprises all the "means" listed here.
|
| In the proposed McCarthy Software Patent Directive, a patent judge
| will of course not find any basis for refusing to consider this a
| "computer-implemented invention".  The claim would most likely be
| construed to cover at least all systems where all the named "means"
| are used to offer files for download.  In the present law (Art 52
| EPC), there is of course on the contrary nothing whatsoever that could
| have served the EPO as an encouragement or reason for granting this
| kind of patent.  And the present law is being used by courts in
| Sweden, Germany and elsewhere to refuse this kind of patent.  This
| would become difficult or impossible if Art 52 EPC is superseded by
| a McCarthy Directive.  In such cases the newer law counts.
|


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