Quote:
Originally posted by Oedipus
I believe that another issue that needs to be researched concerns Acacia's attempt to get 3 bites out of the same apple. They are trying to collect licensing fees from (1) the content provider, (2) the owners of websites, and (3) website affiliates.
Also, I would imagine that there would be a cause of action by an affiliate against a sponsor who continued to operate in alleged violation of the Acacia patents and who did not disclose this fact to its affiliates.
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Well that is a different issue, but off the top of my head I would say the reason they are going after the affiliates now is that not enough of the pay sites have settled. This is more than likely a tactic to get the affiliates to put pressure on their sponsors to reach an agreement so we affiliates aren?t hung out to dry.
I think the duty would be on the affiliate to inquire of his or her sponsors if they have settled. If the analysis I have started is confirmed by my own further research, or maybe an attorney choker hires that is what the prudent affiliate would do.