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Technology Stocks : EDTA (was GIFT)
EDTA 0.00005000.0%Nov 14 9:30 AM EST
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To: GRC who wrote (1237)8/21/1997 12:44:00 PM
From: Gerald Underwood   of 2383
 
GRC,

It seems that the Broderbund and Intuit's brief makes a more specific or concentrated attack on the wording of the patent than Compuserve did. My take on the interpretation of the wording " point of sale" is taken from the patent, ie;" The point
of sale location is a location where a consumer goes to purchase material objects embodying predetermined or preselected information".

To me this could mean either one of two things.
1. The location could be a web or catalogue address, which in cyberspace actually serves as the wholesale or retail outlet. It may maintain advertising, a place to connect to obtain the product via download and the means to accept payment for the product as well as the actual delivering of the product via download. In my mind this is
for all intents and purposes a place where the consumer goes to conduct business and could be considered a point of sale within the true definition of the phrase. The consumer merely travels or goes there via his connection rather than by other conveyance such as an automobile. It only follows that-
2. The computer is the necessary extension of that point of sale location enabling the consumer to make the actual transaction. This would be much on the order of the door to door salesman extending his territory by calling on the consumer at his home and serving as the extension of the point of sale. The physical point of sale would then be
EXPANDED into the consumers home, i.e. computer by virtue of the extension of the communication.
The final determinate in my mind thus might actually become the point where the payment is initiated since it is the most neccessary part of identifying whether a sale has taken place or not. In the case of paying for something at a retail establishment where payment is presented physically at the site, this may be the point of sale.
In case of tranmitting a payment credit card authorization via computer, then perhaps the computer could be considered the point of sale or at least an integral part of it.

JMO

Regards,

Gerry
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