WTF is with Acacia Media?

sorry, But I can't pass up a chance to say 50

Well, I checked out their website and I must say they are getting some money from the big boys. Those of you threatening to spend every cent you have to fight it could very well end up doing so.

Before you start flaming, I would do the same thing. I'll be damned if I paid someone to use something that was complete bullshit.

I do think a group effort could be very relevent but there would have to be some major organization. A couple of pissed off webmasters may not be able to get the job done before they run out of money. It definately needs to be a much broader scale.

Pixtona is a perfect example of what they want to do. Pressure webmasters into paying.

And Pixtona customers are NOT at risk if they get sued.
I believe that each party that profits due to video streaming has to pay licenses. So Pixtona pays AND if I buy a video from them and put it in my paysite, I pay.

If this patent ends up standing up in court it will be mean all hell will break loose on patents. I highly highly doubt it will happen as Hooper and myself mentioned before that there is prior art.

I konw people that ran BBS's back in 1989 and streamed 300kb videos on 2800baud modems.

This is purely lawyer marketing bullshit on Acacia's part.

If you pay willingly then then and put the lube away !

Where would it end?

So anybody who leases links to videos is liable.. what about every affiliate of the webmaster programs who profit from either the exclusive content, the lease links or the free movie galleries that you get to link to?

Yes.. YOU, whoever you are stand to be fucked by acacia and no matter how nice John may say they are, they arent here to be "kind and benevolent"... they are here for your profits.

John was probably in business long befroe you were out of diapers. Well at least that's what it sounds like.

How much would it take to bankrupt you? One or two dollars.

This has to fought and fought by the serious people. Acacia have the Patent, they have the right to enforce it. That's the law. You want to fight then send money to Holio or Timlake.

The guys at Acacia are lawyers using the system. This is a well established system that is being used by lawyers to make money.

Fight it legally, do what John is doing or be an ostrich and wait to get shafted.

I still have not heard from anyone that the big guys have been informed. Get these guys involved and the fight will not happen.

If it's just the porn industry expect a long battle. Why do you think they came to us first?

Their patents are not registered in Australia either but it would be simple for content providers to setup a server in a country that they have no rights in.

I think the only thing the content guy is worried about is having no more customers. He is not protecting his customers he is protecting his wallet. In the end he is just making it easier for the next company who comes along and says they own some vague patent . If people lay down and do deals, then who is to stop the next one and the next one. Giving these people money, will bring others out of the woodwork I sat in on the first phone meeting my problem was, no lawyer had any knowledge of any prior art. To me, (I was in sales) I would come in knowing about the background of the case and what I can do to attack it. It seemed the only thing they talked about was it was going to cost lots of money and tons and tons of man hours for research. In the day of computers I find that very hard to believe. It was like sharks in the water smelling blood. People ,we need a real industry organization, when things like this and the visa shit happens we have one voice. We are so disjointed, it makes us a very easy target. When they have news shows that bash us, we then have a spokesman that can represent us.That should of been the main topic at internext not drinking and looking at pussy. If these people win its the begining of the end, mark my words.

Don't know for sure. But this little questionaire says..

Q. My customers get video content from my Content Provider. If my Content Provider has a license from Acacia, will it cover a Webmaster?

A. No. The Conent Provider License Agreement covers the preview of videos on the Content Provider's website and the transmission and receipt of digital audio/video content from the Content Provider to the Webmaster only. It does not cover the transmission and receipt of audio/video content from the Content Provider to the Webmaster's customers. The webmaster License Agreement covers this activity.


That's all it says about that that I can see..

What I don't understand is the lack of information from the folks in the biz who have supposedly formed some kind of coalition to take on Acacia (the Homegrown vid folks, Holio, etc). There have been numerous references to some sort of website being built (that was supposed to have been in place after the Vegas show), and to importatnt updates as to what sort of defense team was being put together. But nada.

I know several people, myself included, who contacted this coalition group, offered to assist, but then were never contacted again.

Can anyone from that group give us some sort of idea as to what is happening, when, where and why -- that would help a lot.

I am sorry that I have been silent since before the show. I am still working very diligently and I will have information for everyone hopefully soon.

Right now, we are doing our homework and I have to be exceedingly careful about what I say.

In answer to one of the questions, yes, Acacia will want all the customers of video providers to pay a license as well. In fact, they want all the stream providers to add code that would help them track their royalties to Acacia.

Right now, anyone with information or instances of prior art should email me with the info.

[email protected]

"No one gets left behind" - Black Hawk Down

Goo goo: Contact me and I will personally make sure you are appraised.

There are legit reasons why we have not posted a website and those will become more evident in the near future.

This was posted on another board

So would this not be a place to start looking, did these people ver move forward?? Also some else posted this thought

So for me, we are primarily a non-adult web firm, with a small Adult client project and we offer QT stream servers, this effects my business also, not just in the adult market.

This shit makes me mad. :

This is a very real problem that has a lot of people up in arms. It's why I'm here on this board. Some folks are ignoring this but lawyers on the panels at Internext seemed to take this very seriously.

Far-L, there were some posts on oprano some time ago from a gentleman who has been running bbs' since 85 delivering video to subscribers and claimed that he would be willing to testify as to such. Just go do some digging.

Also, dont forget about the MPEG group dude.. it was formed BEFORE this patent was in place!!!

So can a TGP be held up to their threats or what?

I do have a bit of experience with copyright law, and here is my experience...

PRO's...

1. An owner of a copyright, is charged with the responsibility of enforcing his copyright. He has to prove you directly misued the copyright in question.

2. Copyright laws are generally heard through an archaic part of out justice system called Administrative courts.

3. Acacia will have to try the case in the jurisdiction that the offendeding party lives in, that jurisdiction of the Federal Administative Court system.

4. The case would have been cut and dry if Acacica had filed the suit within three months of the copyright infractions it alleges, there are specific rememdies that are swift and costly in this event. However, since they waited so long in bringing this action to light, it will probably go the way of the hyperlink case. This is, the reason the hyperlink case was dismissed.

Cons-

1. They have a very nebulous copyright governing video content technology used to play internet video's. This initial copyright bears no real semblance to modern day streaming technology and codecs.

2. If the first case is tried in the San Francisco area, where more federal court rulings have been overturned by appellate judges, by a margin of 2 to 1, the may have a chance to win round 1.

3. I t may be easy for them to get an initial C and D during the trial process, until the case is decided. That my be, in fact, the real harm the case causes. By the way, Administrative courts are among the slowest moving courts in the US...it could take years for the case to even reach trial level.

4. I spoke with a patent attorney in Chicago, a well known one, and he feels the case won't make it anywhere, but also added that each judge is subject to each case individually. He felt the case would be dismissed on summary motion.

5. Acacia is going to pick out a low bucker webmaster without adequate resources to defend themselves. Fortunately, if you are lucky and broke, you will get a Federal public defender, they have nearly unlimited financial resources for you to defend yourself. Should they win that initial case, they WILL have precedent to go after bigger money, that won't be you...it will be a high pofile case like MS, and they will have precedent on their side.

6. Those are the facts, as I understand them....my attorney advised putting Acacia on notice, that all correspondence should be funnelled to him.

7. Under no circumstances should you communicate with Acacia directly, that is what your attorney is for...you may find your admissions used against you in Federal Case.


The case is very real, very weak, if not iguarnteed, and I am sure Acacia has put California webmasters on their first mailings of the "extortion letter" As they are likely to find more sympathetic judges in those particular jurisdictions. They are banking one it.

Urual disclaimer: I am not at attorney,,but did sit an length and discuss this matter with my attormey.

Bottom line: don t' panice, retain a attorney, and get to work. This is a pretty dead dog chance this case is going nowhere. In the world of hgh precied atorneys, 69 million is not
an exorbanent amount of money. Again, they will be agter a smalle viectory

Again, after that initial three month period, It will be dificult to proscute any one very big ...Some of the comanies lissted have vast fiancial financial asses

Anyone? Can TGPs listing movie galleries actually be pursued and forced to pay them for this shit?

Um... They have a patent not a copyright.

Nobody really knows. I know what I would do, you need to spend an hour with a lawyer. Have him fire off a nastygram describing how their "patent' is utter bullshit and that you don't even host movies. That might be enough to get them off your back.

actually pixtona guy mentioned it above from what acacia said.

This isn't like a content license where a chain of webmasters can use it. It's probably on a per company or per site basis:

Q. My customers get video content from my Content Provider. If my Content Provider has a license from Acacia, will it cover a Webmaster?

A. No. The Conent Provider License Agreement covers the preview of videos on the Content Provider's website and the transmission and receipt of digital audio/video content from the Content Provider to the Webmaster only. It does not cover the transmission and receipt of audio/video content from the Content Provider to the Webmaster's customers. The webmaster License Agreement covers this activity.


Plus they want full access to your books LOL