GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Acacia: Are they completely full of shit?

stocktrader23 · 07-29-2003, 03:19 AM

I really hate to start a new Acacia thread but I had a few things on my mind about it and another thread made me decide to post this.

Here is that thread for reference.

http://www.gofuckyourself.com/showth...hreadid=158077

First of all thoughts about the above thread. I haven't received a packet so I haven't had a chance to go over anything that some of you are looking at. However I wanted to throw this comment out there for further discussion and maybe somebody that has a packet can clear this up.

The other thread basically says that Acacia does have a patent related to streaming video but that patent is for 1 particular type. Other theories have been that Acacia is just bullying people into signing hoping they won't decide to fight. Also, others have stated that once you sign the contract they send you it is binding regardless of what happens with the patent suit that is pending between Acacia and IMPA.

If this is true wouldn't the people that already signed a contract stating they are going to be paying Acacia a percentage of their earnings have to continue to do so even if Acacia loses and the patent is overturned? If this is a posibility Acacia may just be using a scare tactic to get as many companies as possible to enter into an agreement with them. Then if their patent is overturned they tell the companies that signed that they must continue to pay because they have entered into a binding contract? Acacia may have known all along that they don't have a chance of keeping the patent and are just trying to get as many people to sign a contract with them as they can before it's overturned in court.

Maybe someone here has a copy of the contract that could clarify this? However, I imagine the contract states that you can't share the information with anyone else.

Another thing that strikes me funny is that Acacia wants a percentage of your gross income regardless of what percentage of your business uses the software/idea in question. For arguements sake lets say Acacia has a valid patent and every right to request money from people streaming video. What if I have a site that is 98% text and pictures and 2% video? Acacia is entitled to 2% of my entire operation? I only make approximately 2% of my income from video so I would be in essence paying 100% of the gross from video? Even with a valid patent I doubt this would be legal.

To me this sounds too much like a gym membership. Once you sign you are royally fucked no matter what the outcome with lawsuit to overturn the patent because you entered into a binding contract. The fact that Acacia's swag is getting more threatening looks like an indicator they are trying to scare as many people into signing as they can before the inevitable happens. If they get a couple million a year in contracts signed and then the patent is overturned this could be what they planned all along.

Like I said, I haven't had contact with them so I could be way off base here. Does anybody that has received the material and/or a contract want to tell me if I'm going in the wrong direction with this?

Hell I could send every webmaster on here a letter demanding payment for using a text link and threaten to sue if they don't pay me. Anybody can sue for any reason, that doesn't mean I would win. However, if you signed a contract with me ahead of time giving me the right to a percentage of your business income you would be held liable in court.

Anyhow, these are just a few thoughts I've had since this whole thing started. Flame on.

07-29-2003, 03:19 AM
stocktrader23 Let's do some business. Industry Role: Join Date: Jan 2003 Location: The dirty south. Posts: 18,781	Acacia: Are they completely full of shit? I really hate to start a new Acacia thread but I had a few things on my mind about it and another thread made me decide to post this. Here is that thread for reference. http://www.gofuckyourself.com/showth...hreadid=158077 First of all thoughts about the above thread. I haven't received a packet so I haven't had a chance to go over anything that some of you are looking at. However I wanted to throw this comment out there for further discussion and maybe somebody that has a packet can clear this up. The other thread basically says that Acacia does have a patent related to streaming video but that patent is for 1 particular type. Other theories have been that Acacia is just bullying people into signing hoping they won't decide to fight. Also, others have stated that once you sign the contract they send you it is binding regardless of what happens with the patent suit that is pending between Acacia and IMPA. If this is true wouldn't the people that already signed a contract stating they are going to be paying Acacia a percentage of their earnings have to continue to do so even if Acacia loses and the patent is overturned? If this is a posibility Acacia may just be using a scare tactic to get as many companies as possible to enter into an agreement with them. Then if their patent is overturned they tell the companies that signed that they must continue to pay because they have entered into a binding contract? Acacia may have known all along that they don't have a chance of keeping the patent and are just trying to get as many people to sign a contract with them as they can before it's overturned in court. Maybe someone here has a copy of the contract that could clarify this? However, I imagine the contract states that you can't share the information with anyone else. Another thing that strikes me funny is that Acacia wants a percentage of your gross income regardless of what percentage of your business uses the software/idea in question. For arguements sake lets say Acacia has a valid patent and every right to request money from people streaming video. What if I have a site that is 98% text and pictures and 2% video? Acacia is entitled to 2% of my entire operation? I only make approximately 2% of my income from video so I would be in essence paying 100% of the gross from video? Even with a valid patent I doubt this would be legal. To me this sounds too much like a gym membership. Once you sign you are royally fucked no matter what the outcome with lawsuit to overturn the patent because you entered into a binding contract. The fact that Acacia's swag is getting more threatening looks like an indicator they are trying to scare as many people into signing as they can before the inevitable happens. If they get a couple million a year in contracts signed and then the patent is overturned this could be what they planned all along. Like I said, I haven't had contact with them so I could be way off base here. Does anybody that has received the material and/or a contract want to tell me if I'm going in the wrong direction with this? Hell I could send every webmaster on here a letter demanding payment for using a text link and threaten to sue if they don't pay me. Anybody can sue for any reason, that doesn't mean I would win. However, if you signed a contract with me ahead of time giving me the right to a percentage of your business income you would be held liable in court. Anyhow, these are just a few thoughts I've had since this whole thing started. Flame on. __________________ Hands Free Adult - Join Once, Earn For Life "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."