We can have servers outside of US and there is no legislation (even
under US laws. note that the servers can serve yet another countries)
to make the servers illegal.
Mmm...that sounds like a grey area. A company using patented tech to do
business in the US may be subject to US law even if the tech is not resident
in the US (under the same sort of theory used against Internet gambling).
Legislation logic around patent does not allow US patents applicable
to servers outside of US.
If US tries to change its law, companies in US may be affected by
US laws, which will drive servers and companies away from US.
Even if it's not true in the general case, a sufficiently expensive lawyer
might be able to convince the court that, since the Internet makes location
irrelevant, the location of the infringement is irrelevant.
that US patents are applicable even if both servers, clients and network
inbetween are all located outside of US?