Man, I am planning on losing sleep for the next three weeks straight over this type of thing. Do you know how many of these types of claims are out there? Here's just a few:
XOR logical operation
Online shopping carts
Hyperlinks (Gee, I just put 3 in this post. I guess I owe someone big bucks.
)
Pop-up windows
Targeted banner ads
Paying with credit cards online
Affiliate linking
1) There are other ways already of doing hotspot authentications. Redirection is just one method. If you're that worried they'll come after you, change methods.
2) You might want to read these:
http://lists.bawug.org/pipermail/wir...er/029912.html
http://lists.bawug.org/pipermail/wir...er/029921.html
3) Start or join a class action suit against them. The
EFF is supposedly considering it.
4) If such a claim comes your way and think it's worth paying rather than litigating, get your attrney to think and help protect your interests. That's why you're paying him. My attorney always tells me "Contracts are a two-way street."
How about something like this: Stipulate in the contract that you think their claims have no basis, and therefore when the patents (and therefore their resulting claims against you) are overturned they agree to pay any and all fees back to you, and that further they agree to pay (insert outrageous $um here). Make the outrageous sum high enough that they'd really think twice about what happens if the claims are reversed.
Like I said, get your attorney to help protect your interests.
5) Consider joining a trade association. There are several out there. If this issue becomes a serious threat, you can bet they'll wade in on it.
By the way, do you always SHOUT when trying to make a POINT about some SUBJECT? Once or twice and it can be effective. In every other sentence, it is annoying.