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To: Captain Jack who wrote (585)9/1/1998 8:11:00 AM
From: GRC  Read Replies (1) | Respond to of 2004
 
John,

Thanks for the feedback. I don't think I clearly articulated the question. Not only does the financial institution need to be real time, but so does the transmittal of the request. If I were a retailer trying to avoid the claim, I would take the order, and hold the authorization request. Then, an hour or two later I'd send a batch of requests, and get the answers on them immediately. I would not let the box with the goods leave until authorization was received.

For debit card transactions (other than e-commerce) that might not work. By the time authorization came the buyer (and the goods) would be long gone. But for e-commerce, you can always delay the shipping for an hour or two. Of course download items such as music or software would need immediate authorization.

As far as delay, a few minutes delay would not be real time. But there is something called the doctrine of equivalence that says there can be infringement even if it is not precisely the same. Its very hard to predict how close it needs to be (a jury decides), but I would think an hour or two would be sufficient delay.

Do you know how big the software/music download market is projected to be over the next 15 years?

GRC