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At least for now...

if so, would you recommend it? what are the downsides of it? (other than missing a big market)

(Note: seems like chose this way (3rd column). It is a huge poker and betting site here in Europe.)

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I don't think is excluding US users for patent reasons, but rather to avoid other legal trouble: gambling is illegal in many jurisdictions in the US. – Colin Valliant Jul 23 '13 at 9:20
I did not know that. thank you! – Jani Kovacs Jul 23 '13 at 9:55
up vote 0 down vote accepted

Patents are per territory. If something is excluded from exercise only by a U.S. patent (that has been granted and did not yet expire), then in general you are not in violation of the patent if you do not sell it in the U.S. nor do you manufacture it in the U.S.

Disclaimer: I'm not sure if you would be in some kind of retroactive violation or not, in case it is later extended to the territory where you sell or produce/assemble it. But if it's later extended to those territories you are certainly in violation if you continue after that.

Please note I assume you wrote 'Americans' without giving it much thought, but it's not the nationality of a person that matters to the aspect of the right here, but where the product is sold, used, or manufactured/assembled.

As a final note, practically speaking, you should want to check whether there are international patents or patents of other states linked in patent databases as the equivalents of the U.S. patent in question, before assuming the invention is not patent protected in any given territory. And maybe consider whether what you're doing at all feels ethical or not because the motivation of the question is not very clear...

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US software patents are out of control, I am sure, this very site could be shown to infringe a dozens of US patents. – Jani Kovacs Dec 18 '13 at 20:10
Possibly so, but even if so, it doesn't really change anything for you in a very significant way. And you can't even be sure of it. See also… which may have some relevant related points, in case it has overlap with your situation. – matt Dec 18 '13 at 20:12

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