GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Things You Wanted To Know About Acacia But You Were Afraid To Ask

homegrownSpike · 07-22-2003, 04:41 PM

Let me preface this by saying that this is my opinion and is supported by Acacia?s own words. Be aware that Acacia watches the boards. Further Acacia is attempting to amend their complaint to punish us for banding together. More on this in the coming days. I'll speak about a few of Acacia's tactics and tell you my opinions.

Acacia Tactic 1: They are going after everyone whether you stream, zip, download, or link. For example sites that have affiliate links to other sites with video are being targeted. Read the article at

http://www.avn.com/index.php?Primary...tent_ID=34286. This article talks about Acacia's litigation tactics and its recent decision to pursue default judgments against people who did not respond to the lawsuit they filed. The article says that:

Acacia vice president Rob Berman said July 18 that whether or not the defaulted companies are out of business isn't exactly going to prove an obstacle. If they've suspended operations or gone out of business, he said, that's one thing, but if they turn out to be trying to hide, that's something else entirely. And Acacia isn't going to stop with just content providers or AVS services, either.

"We have a team of researchers that does nothing but identify these groups," Berman said. "Content providers, AVSs, Webmasters, affiliate programs. Just because we haven't contacted you yet, it doesn't mean we haven't heard of you and that we're not going to get in touch with you."

Acacia Tactic 2: Acacia's trumpeting that it secured "Injunctions against Adult Webmasters and Content Providers for Violating Acacia's Patents"
This is a scare tactic, nothing more. The companies that they sued never showed up in court hence as a matter of administration they had a default judgment entered against them. There has been no entry of injunctions against companies that have decided to fight this matter.

Acacia Tactic 3: Acacia's claims about its VChip Litigation. This is what really happened (from its quarterly statement). They lost!
http://biz.yahoo.com/e/021113/actg10-q.html

On April 5, 2000, Soundview Technologies filed a federal patent infringement and antitrust lawsuit against Sony Corporation of America, Philips Electronics North America Corporation, the Consumer Electronics Manufacturers Association and the Electronics Industries Alliance d/b/a Consumer Electronics Association in the United States District Court for the Eastern District of Virginia, alleging that television sets utilizing certain content blocking technology (commonly known as the "V-chip") and sold in the United States infringe Soundview Technologies' U.S. Patent No. 4,554,584. In September 2002, the United States District Court for the District of Connecticut granted a motion for summary judgment filed by the defendants. In granting the motion, the court ruled that the defendants have not infringed on Soundview Technologies' patent. While we are currently exploring strategies in response to this ruling and intend to appeal it, litigation is inherently uncertain and we can give no assurance that we will be successful in any such appeal.

Opinion 1: This is in my opinion but it would appear the latest licensing drive is along the lines of Acacias apparent policy to pick on little companies unable to defend themselves in patent litigation.

Opinion 2: Whatever you do be sure to consult an attorney regarding the contract they sent you. You will be stuck with the contract you sign.

Opinion 3: If you are a foreign webmaster don?t think that will keep you safe. As long as you do business in the US Acacia can reach you.

Opinion 4: Acacia has said they are coming to the show so I believe it behooves everyone to act in a professional manner.

As always feel free to contact me if you have any questions. 949-716-8080 [email protected]

07-22-2003, 04:41 PM
homegrownSpike Registered User Industry Role: Join Date: Nov 2002 Posts: 30	Things You Wanted To Know About Acacia But You Were Afraid To Ask Let me preface this by saying that this is my opinion and is supported by Acacia?s own words. Be aware that Acacia watches the boards. Further Acacia is attempting to amend their complaint to punish us for banding together. More on this in the coming days. I'll speak about a few of Acacia's tactics and tell you my opinions. Acacia Tactic 1: They are going after everyone whether you stream, zip, download, or link. For example sites that have affiliate links to other sites with video are being targeted. Read the article at http://www.avn.com/index.php?Primary...tent_ID=34286. This article talks about Acacia's litigation tactics and its recent decision to pursue default judgments against people who did not respond to the lawsuit they filed. The article says that: Acacia vice president Rob Berman said July 18 that whether or not the defaulted companies are out of business isn't exactly going to prove an obstacle. If they've suspended operations or gone out of business, he said, that's one thing, but if they turn out to be trying to hide, that's something else entirely. And Acacia isn't going to stop with just content providers or AVS services, either. "We have a team of researchers that does nothing but identify these groups," Berman said. "Content providers, AVSs, Webmasters, affiliate programs. Just because we haven't contacted you yet, it doesn't mean we haven't heard of you and that we're not going to get in touch with you." Acacia Tactic 2: Acacia's trumpeting that it secured "Injunctions against Adult Webmasters and Content Providers for Violating Acacia's Patents" This is a scare tactic, nothing more. The companies that they sued never showed up in court hence as a matter of administration they had a default judgment entered against them. There has been no entry of injunctions against companies that have decided to fight this matter. Acacia Tactic 3: Acacia's claims about its VChip Litigation. This is what really happened (from its quarterly statement). They lost! http://biz.yahoo.com/e/021113/actg10-q.html On April 5, 2000, Soundview Technologies filed a federal patent infringement and antitrust lawsuit against Sony Corporation of America, Philips Electronics North America Corporation, the Consumer Electronics Manufacturers Association and the Electronics Industries Alliance d/b/a Consumer Electronics Association in the United States District Court for the Eastern District of Virginia, alleging that television sets utilizing certain content blocking technology (commonly known as the "V-chip") and sold in the United States infringe Soundview Technologies' U.S. Patent No. 4,554,584. In September 2002, the United States District Court for the District of Connecticut granted a motion for summary judgment filed by the defendants. In granting the motion, the court ruled that the defendants have not infringed on Soundview Technologies' patent. While we are currently exploring strategies in response to this ruling and intend to appeal it, litigation is inherently uncertain and we can give no assurance that we will be successful in any such appeal. Opinion 1: This is in my opinion but it would appear the latest licensing drive is along the lines of Acacias apparent policy to pick on little companies unable to defend themselves in patent litigation. Opinion 2: Whatever you do be sure to consult an attorney regarding the contract they sent you. You will be stuck with the contract you sign. Opinion 3: If you are a foreign webmaster don?t think that will keep you safe. As long as you do business in the US Acacia can reach you. Opinion 4: Acacia has said they are coming to the show so I believe it behooves everyone to act in a professional manner. As always feel free to contact me if you have any questions. 949-716-8080 [email protected]