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Old 10-30-2003, 12:12 AM  
TORTOISE
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Join Date: Aug 2003
Location: LONDON/MONTREAL
Posts: 734
how to beat arcadia?

i took this from a posting from boob butler at think reel forum,hope he does not mind as it seems a very good article,and true to fact.

no need to panic guys. i found this at http://finance.messages.yahoo.com/b...80497&mid=22561

it's posted by a stock player not in the adult industry. i'll quote it, the last part is what you should definitely read



quote:
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I now have 200 shares and I'm watching the adult webmaster boards carefully for signs maybe of a move to get mass licensee signups, this trend does not bode well:

from yesterday:

You see, if acacia had spent more time actually doing research on who they were trying to shake down they would find out that perhaps 85% of their potential licensees don't make a living wage using their "DMT" technology. Maybe the average adult webmaster made some serious money at one time, but the problem is acacia is hitting the webmaster group about 4 years too late. VERY FEW webmasters make even 50K/year, and even less make over 100K/year. Of course if they had really done research they would find out about general traffic trends in the adult market. The business is very soft, traffic is mostly down (in the aggregate) and doing research on alexa would have shown them that.

But the fancy first printing on coated stock is already in the mail. So acacia thinks let's put a good face on this, do some quick damage control, and see if we can save this.

So they do an under the table deal with 47 licensees. And it's a PR stunt which everyone with any sense sees right through.

After all, acacia is dealing with a group called adult webmasters. These are guys that sell PORN for a living. If anything this is a demographic that doesn't easily do what it's told...if anything this is a demographic of independent-minded mavericks who have mostly an outlaw mentality.

I suspect that the movers and shakers of acacia are mostly ivy league college boys in their 30's. They have not lived long enough to know much about the HISTORY of organized pornography in the United States. True, porn today in America is fairly mainstream, run 95% by fairly mainstream people...but 5% of the money in porn is controlled by a VERY unsavory bunch.

Imagine what would happen if Tony Soprano was asked for 2% of his take. Don't believe me? check the history, and listen to the US Dept. of Justice. There is an element in the USA adult business that has criminality attached to it. It is small, but it is there. Check the history of the players. Some of them do not settle things in a courtroom. Some of them still have their hands in adult. Go back to a major city just a few years ago where people were murdered and adult bookstores and buildings were burned down. Check the history.

"low-hanging fruit"? Maybe not. And some fruit that might be dangerous to pick.

And then there is the other problem with the acacia business model. The sheer number of the litigants.

And now it appears that acacia cannot collect license fees just by mailing demand letters. They already tried that and met with abject failure. The simple fact is that acacia will have to SUE tens of thousands of mostly modest income webmasters, obtain judgments, and then collect on the judgments. This is a daunting, even impossible task due to the sheer number of litigants.

Read carefully now. Here is how a lawsuit works.

1. You must be served properly with a summons and complaint. Mailing you a fancy packet means nothing, it is a SALES piece. Do not come on this or any other board and say you received a packet or ANY communcation from acacia.

2. If you are sued, respond to it. You will probably lose in court unless you want to spend plenty of $ on a specialist patent attorney. DON'T spend the money, appear in pro per and demand a jury trial. You will still lose eventually, but acacia cannot sue 10,000 webmasters all over America who actually appear in pro per. It's not cost effective for them. They are betting you will be intimidated to pay. Show them wrong, force them into court and appear in pro per on every little case. It is your constitutional right and it will break their back faster than anything else you can do.
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