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Wednesday, April 17, 2013 8:28:15 AM
It should go without saying, but I would urge you not to take QE at their word. They are lawyers, paid to create and advocate legal positions.
Thus, when they say they have created a workaround, my knee jerk reaction is that they have made some "changes" to the code that most likely either (1) don't alter the infringement analysis; or (2) sacrifice ad matching efficiency.
Worse (for Google), their alleged workaround could do both, i.e., cause poorer results and still infringe. Remember, there is a reason that Google themselves in their own internal memos referred to their own system as "DumbAds" (sic) and Vringo's system as "SmartAds" (sic). Remember, not long ago, Google and QE were stamping their feet and insisting their system didn't infringe. Do you really think they have invented a better mousetrap? Just because QE says so?
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