My letter to Acacia

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  • Mr. Porno King
    Confirmed User
    • Aug 2003
    • 146

    #1

    My letter to Acacia

    I got this letter in the mail today:

    ACACIA MEDIA TECHNOLOGIES CORPORATION

    FINAL NOTICE FOR INTRODUCTORY ROYALTY RATES AND WAIVER OF PATENT INFRINGEMENT

    Dear Mr. Fairthorne:

    As you are aware, Acacia has a porfolio of 5 U.S. Patents (Patent Nos. 5,132,002; 5,235,275; 5,550,863; 6,002,720; 6,144,702) and 17 International Patents covering the transmission and receipt of digital audio/video content via the Internet. You provide access to digital audio/video content via your website(s) without a license from Acacia, and are therefore liable to Acacia for patent infringement.

    As part of our introductory licensing terms, we have been offering waivers for vertain past infringement, as well as special introductory royalty rates. OUR OFFER TO WAIVE PAST INFRINGEMENT AND LICENSE OUR PATENTS AT OUR EXISTING INTRODUCTORY ROYALTY RATES WILL EXPIRE ON NOVEMBER 30,2003.

    [edited for brevity]

    If you have any questions regarding the patents, our licensing terms, or need other assistance, please contact us at 949-480-8300 or email us at [email protected].

    Sincerely,
    Robert A. Berman
    Sr. VP Business Development and General Counsel
    Man.. I've been threatened with lawsuits so many times that it doesn't freak me out at all anymore. Here is my response:

    Dear Mr. Berman,

    I am the webmaster of several websites which host audio and video including http://www.indydisc.com and http://tallman.org as well as a host of others. I recieved your letter offering a waiver for past patent infringement. While you're offer sounds quite inticing, my current position is that you should get a fucking job.

    I'd been transmitting digital audio and video over computer networks for more than 10 years before you filed your first patent, little bitch.

    How's about you suck a dick up.

    Sincerely,
    Rich from Tallman.
    Emailed to

    [email protected]

    and to

    Robert A. Berman
    500 Newport Center Drive,
    7th Floor
    Newport Beach, CA 92660

    Hahahaha.. good times.
    My Favorite Game
  • X37375787

    #2
    I bow to your excessive bravery.

    Comment

    • Brad-Wishing
      Confirmed User
      • Oct 2003
      • 2415

      #3
      That will go over well.
      SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

      Comment

      • Mr. Porno King
        Confirmed User
        • Aug 2003
        • 146

        #4
        I'm still laughing my ass off over here. I guess we'll see what happens. I did basically the same thing last time microsoft sent me a C&D. I ended up telling some junior law clerk off, and calling it a day.
        My Favorite Game

        Comment

        • KRL
          Entrepreneur
          • Oct 2002
          • 31429

          #5
          Yeh, quite often if you come off as a bit of a psycho, they'll still clear of you.
          If you would like to develop your domains, you can lease inexpensive foreign labor
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          • kenny
            Confirmed User
            • Mar 2002
            • 7245

            #6
            Good Job I love it
            7

            Comment

            • Shok
              Confirmed User
              • Apr 2001
              • 5611

              #7
              Include a photo of you eating a turd with crazy eyes and scratching your back with a gun, they love that

              Comment

              • AaronM
                GFY Royality ;)
                • Oct 2001
                • 46917

                #8
                Originally posted by Shok
                Include a photo of you eating a turd with crazy eyes and scratching your back with a gun, they love that

                Sample pic?

                Comment

                • doober
                  Confirmed User
                  • Jul 2003
                  • 6984

                  #9
                  great letter....

                  Comment

                  • Shok
                    Confirmed User
                    • Apr 2001
                    • 5611

                    #10
                    with or without clothes

                    Comment

                    • WiredGuy
                      Pounding Googlebot
                      • Aug 2002
                      • 34512

                      #11
                      Let us know their response please
                      WG
                      I play with Google.

                      Comment

                      • basschick
                        Confirmed User
                        • Jan 2001
                        • 2540

                        #12
                        interesting

                        please do keep us posted on their response
                        Got Gay and For Women Traffic?

                        Comment

                        • Shok
                          Confirmed User
                          • Apr 2001
                          • 5611

                          #13
                          also another good pic to include that goes well with the crazy pic, is to possibly get a photo of their home and include that.

                          Comment

                          • $hurik
                            Confirmed User
                            • May 2003
                            • 853

                            #14
                            Can he (Mr. Berman) possible sue you for some kinda offense or smth ? You gotta be careful while using offensive expressions in official letter.

                            Comment

                            • Digipimp
                              BP4L OT DL
                              • Mar 2003
                              • 13481

                              #15
                              Really man fuck all that shit, do them one better and just email them or mail them and ask them to tell you what websites you own that transmit audio and or video, or what websites you own at all and see what they have to say to you.

                              Comment

                              • Mr. Porno King
                                Confirmed User
                                • Aug 2003
                                • 146

                                #16
                                Bah. The claim is ludicrous. I transmitted audio and video over phone lines in 1982 with my Commodore C=64 ... that's why I love my C=64.

                                Is it possible for me to file a patent with an affadavit backdating it before the date of their patents, and invalidating them? Anyone here know legaly stuff?
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                                • FightThisPatent
                                  Confirmed User
                                  • Aug 2003
                                  • 4090

                                  #17
                                  Originally posted by Mr. Porno King
                                  I'd been transmitting digital audio and video over computer networks for more than 10 years before you filed your first patent, little bitch.
                                  Great... email me: (brandon at FightThePatent.com) and we can chat about your leads and connections... besides having some dusty old computers, you may have some of your "old skool" peers to call on for prior art searching.

                                  Fight the Patent!

                                  http://www.t3report.com
                                  (where's the traffic?) v5.0 is out! |
                                  http://www.FightThePatent.com
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                                  • FightThisPatent
                                    Confirmed User
                                    • Aug 2003
                                    • 4090

                                    #18
                                    Originally posted by Mr. Porno King
                                    Bah. The claim is ludicrous. I transmitted audio and video over phone lines in 1982 with my Commodore C=64 ... that's why I love my C=64.

                                    DIGI files were on C64, i haven't found any yet with a date stamp before 1990.. and according to one person, C64 didn't have datestamps on the files?

                                    Fight the Patent!

                                    http://www.t3report.com
                                    (where's the traffic?) v5.0 is out! |
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                                    • crockett
                                      in a van by the river
                                      • May 2003
                                      • 76818

                                      #19
                                      I don't think you should have listed you're sites.. They probally didn't know what you had, or aleast there is a good chance of it.. This letter is just a sale pitch leve it as that , you're less likely to be a target that way.
                                      In November, you can vote for America's next president or its first dictator.

                                      Comment

                                      • KRL
                                        Entrepreneur
                                        • Oct 2002
                                        • 31429

                                        #20
                                        Berman has already publicly acknowledged and stated that Acacia didn't create all of the stuff related to its patents, just that they were the first to do it all unified on the Internet.
                                        If you would like to develop your domains, you can lease inexpensive foreign labor
                                        from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION!

                                        *** *** *** *** *** *** *** *** *** *** *** ***
                                        Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

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                                        • Mr. Porno King
                                          Confirmed User
                                          • Aug 2003
                                          • 146

                                          #21
                                          Originally posted by Shok
                                          also another good pic to include that goes well with the crazy pic, is to possibly get a photo of their home and include that.

                                          AHAHAHAHAHa... I love it.
                                          My Favorite Game

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                                          • kmanrox
                                            aka K-Man
                                            • Oct 2001
                                            • 29295

                                            #22
                                            someone should get a pic of berman and photchop the hell out of it...
                                            Crypto HODLr
                                            Crypto mining
                                            Angel investor

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                                            • Mr. Porno King
                                              Confirmed User
                                              • Aug 2003
                                              • 146

                                              #23
                                              Originally posted by FightThisPatent



                                              DIGI files were on C64, i haven't found any yet with a date stamp before 1990.. and according to one person, C64 didn't have datestamps on the files?

                                              Fight the Patent!
                                              No, the C=64 didn't datestamp files, but it's common knowledge that samples of audio were transmitted over modems, and in some cases video... albeit, the quality may have been worse (i mean, the machine could only display 16 colors), but I don't think their patents would stand on the grounds of quality, specially since they don't own the patents on the video compression technology.
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                                              • Evil1
                                                Confirmed User
                                                • Mar 2002
                                                • 3893

                                                #24
                                                "While you're offer sounds quite inticing, my current position is that you should get a fucking job."
                                                Roflmfao... i needed that

                                                Comment

                                                • brand0n
                                                  been very busy
                                                  • Nov 2002
                                                  • 26983

                                                  #25
                                                  great fuckin letter man

                                                  i wonder how many of those they have seen
                                                  want to buy this spot for cheap? it is of course for sale. long term deals are always the best bet. brand0n/ at/ a o l dot commies.

                                                  Comment

                                                  • mrthumbs
                                                    salad tossing sig guy
                                                    • Apr 2002
                                                    • 11702

                                                    #26
                                                    you people are so mature and able to handle situations like this..

                                                    Comment

                                                    • Mr. Porno King
                                                      Confirmed User
                                                      • Aug 2003
                                                      • 146

                                                      #27
                                                      newb.
                                                      My Favorite Game

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                                                      • FightThisPatent
                                                        Confirmed User
                                                        • Aug 2003
                                                        • 4090

                                                        #28
                                                        Originally posted by Mr. Porno King


                                                        but I don't think their patents would stand on the grounds of quality, specially since they don't own the patents on the video compression technology.


                                                        exactly.. hence the need to find prior art like DIGI files that can be documented to have been downloaded prior to 1990.

                                                        CDROM that SYSOP might have purchased, or several SYSOP testimony could help set the time frame.

                                                        Let me know if you or any of your peers might have had CDROM purchased for use on BBS.

                                                        Fight the Patent!

                                                        http://www.t3report.com
                                                        (where's the traffic?) v5.0 is out! |
                                                        http://www.FightThePatent.com
                                                        | ICQ 52741957

                                                        Comment

                                                        • Roger
                                                          Confirmed User
                                                          • Jul 2003
                                                          • 3181

                                                          #29
                                                          And I'm patenting masturbation

                                                          Comment

                                                          • Mr. Porno King
                                                            Confirmed User
                                                            • Aug 2003
                                                            • 146

                                                            #30
                                                            Originally posted by crockett
                                                            I don't think you should have listed you're sites.. They probally didn't know what you had, or aleast there is a good chance of it.. This letter is just a sale pitch leve it as that , you're less likely to be a target that way.
                                                            Really, I'm in it for the fight. I'm bored.
                                                            My Favorite Game

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                                                            • juicylinks
                                                              So Fucking Banned
                                                              • Apr 2001
                                                              • 122992

                                                              #31
                                                              Originally posted by Roger
                                                              And I'm patenting masturbation
                                                              i guess i must owe you like 3million in fees

                                                              Comment

                                                              • Mr. Porno King
                                                                Confirmed User
                                                                • Aug 2003
                                                                • 146

                                                                #32
                                                                I'm gonna patent eating and see if I can get an injunction against Robert A. Berman for a few months.
                                                                Last edited by Mr. Porno King; 10-30-2003, 10:11 AM.
                                                                My Favorite Game

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                                                                • Phoenix
                                                                  BACON BACON BACON
                                                                  • Nov 2002
                                                                  • 35475

                                                                  #33
                                                                  i feel left out..i dont get any letters
                                                                  Telegram PhoenixBrad
                                                                  https://quantads.io

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                                                                  • Furious_Male
                                                                    Doing the grind since 99
                                                                    • Oct 2003
                                                                    • 16884

                                                                    #34
                                                                    That took some balls offering up your sites. Pretty much the equivalent of challenging them to a fight. I am curious to see how they follow up with that. It sounds like you have been around for a long time. I hope you whip there ass if/when it goes to court.
                                                                    Living in Virtual Reality
                                                                    Contact: Email (preferred): furiousmale .at. gmail - Skype: live:shanedws

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                                                                    • Mr. Porno King
                                                                      Confirmed User
                                                                      • Aug 2003
                                                                      • 146

                                                                      #35
                                                                      Originally posted by FightThisPatent




                                                                      exactly.. hence the need to find prior art like DIGI files that can be documented to have been downloaded prior to 1990.

                                                                      CDROM that SYSOP might have purchased, or several SYSOP testimony could help set the time frame.

                                                                      Let me know if you or any of your peers might have had CDROM purchased for use on BBS.

                                                                      Fight the Patent!
                                                                      Oh look! http://www.whisqu.se/per/docs/graphics54.htm

                                                                      A standard for the "digital transmission of rasterized images".. the latest feature in this version? moving pictures. The date? 1990... Acacia's oldest patent? 1991 as far as I've seen.
                                                                      My Favorite Game

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                                                                      • FightThisPatent
                                                                        Confirmed User
                                                                        • Aug 2003
                                                                        • 4090

                                                                        #36
                                                                        Originally posted by Mr. Porno King


                                                                        Oh look! http://www.whisqu.se/per/docs/graphics54.htm

                                                                        A standard for the "digital transmission of rasterized images".. the latest feature in this version? moving pictures. The date? 1990... Acacia's oldest patent? 1991 as far as I've seen.


                                                                        GIF89 could count as prior art, once we find GIF89 files that were video-like, as in using digitized still images in a loop.

                                                                        Cartoony/animation GIF89 don't count.

                                                                        Have you looked at this page: http://www.FightThePatent.com/v2/Searching.html


                                                                        Also... I created an FAQ on Acacia at: http://www.gofuckyourself.com/showth...hreadid=190214


                                                                        Fight the Patent!

                                                                        It lists the kinds of files that I am searching for. GIF89 and many other kinds of files are on this page.


                                                                        Fight the Patent!

                                                                        http://www.t3report.com
                                                                        (where's the traffic?) v5.0 is out! |
                                                                        http://www.FightThePatent.com
                                                                        | ICQ 52741957

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                                                                        • RockDaddy
                                                                          Confirmed User
                                                                          • Jul 2001
                                                                          • 750

                                                                          #37
                                                                          And I'm patenting masturbation
                                                                          I patented the female orgasm and after talking to all of your girlfriends, you guys don't owe me anything






                                                                          ;)

                                                                          Comment

                                                                          • Fu-Q
                                                                            Confirmed User
                                                                            • Jul 2003
                                                                            • 1546

                                                                            #38
                                                                            Originally posted by Mr. Porno King
                                                                            I'm gonna patent eating and see if I can get an injunction against Robert A. Berman for a few months.
                                                                            why not just go for breathing?
                                                                            AIM - X8U
                                                                            ICQ - 195301080

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                                                                            • Peaches
                                                                              Old broad
                                                                              • Oct 2002
                                                                              • 13933

                                                                              #39
                                                                              Great letter, but it probably would go over a little better if you didn't have misspelled words in it.

                                                                              Yes, I know that's anal, but when you're sending a business letter to an attorney, it's not the same as posting on GFY regarding spelling and grammar.

                                                                              Comment

                                                                              • JDog
                                                                                Confirmed User
                                                                                • Feb 2003
                                                                                • 7453

                                                                                #40
                                                                                That's fucking great man! I love it!

                                                                                jDoG
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                                                                                • Shoehorn!
                                                                                  Die With Your Boots On
                                                                                  • Oct 2003
                                                                                  • 22872

                                                                                  #41
                                                                                  Excellent response.

                                                                                  Comment

                                                                                  • Jimbo
                                                                                    Confirmed User
                                                                                    • Oct 2001
                                                                                    • 3989

                                                                                    #42
                                                                                    good, I wouldn'T have gave them my URLs tho
                                                                                    free sex videos

                                                                                    Comment

                                                                                    • Mr.Fiction
                                                                                      Confirmed User
                                                                                      • Feb 2002
                                                                                      • 9484

                                                                                      #43


                                                                                      Good job, this industry needs some more people willing to stand up to Acacia.

                                                                                      We always talk about Larry Flynt, but what about Al Goldstein? Flynt is a free speech fighter, Goldstein is just an all around crazy motherfucker!
                                                                                      Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

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                                                                                      • jayeff
                                                                                        Confirmed User
                                                                                        • May 2001
                                                                                        • 2944

                                                                                        #44
                                                                                        Originally posted by Mr. Porno King
                                                                                        Hahahaha.. good times.

                                                                                        So now that you have proved to everyone here how macho you are with a BS response to something that didn't even require a response, what next?

                                                                                        If you have pissed Acacia off enough to get an actual demand for payment next, are you going to reply with some more smart ass comments, or deal with it? If you get a court date, are you going to turn up and try to impress the judge with that crap or are you going to say f*ck it and ignore the summons? Either way you end up in the hole.

                                                                                        I wouldn't mind settling this with a baseball bat or whatever, but it's not going to happen that way. Online porn is growing up and you either grow up with it or get left behind. Your choice.

                                                                                        Comment

                                                                                        • Mr. Porno King
                                                                                          Confirmed User
                                                                                          • Aug 2003
                                                                                          • 146

                                                                                          #45
                                                                                          I'm not a macho man. They sent me a threat, and I told them to stick it where the sun don't shine. And don't tell me it wasn't a threat that's bullshit. I'm just encouraging people to treat bullshit like bullshit. This is no more valid than the guy who started making legal claims against my band two months ago cause his last name is Tallman. Just another publicity move by another company that is using crafty legal means to put pressure on website owners.

                                                                                          As for court, I already know exactly what will happen there, but I don't expect you to be able to figure it out, newb.
                                                                                          My Favorite Game

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                                                                                          • Mr. Porno King
                                                                                            Confirmed User
                                                                                            • Aug 2003
                                                                                            • 146

                                                                                            #46
                                                                                            Originally posted by Peaches
                                                                                            Great letter, but it probably would go over a little better if you didn't have misspelled words in it.
                                                                                            Yeah, I'm bad for that... I'll spell correctly if I have to send anything legally binding, or to a judge, or anyone who I respect in a formal setting.
                                                                                            My Favorite Game

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                                                                                            • Mr. Porno King
                                                                                              Confirmed User
                                                                                              • Aug 2003
                                                                                              • 146

                                                                                              #47
                                                                                              Originally posted by FightThisPatent
                                                                                              GIF89 could count as prior art, once we find GIF89 files that were video-like, as in using digitized still images in a loop.
                                                                                              What about Amiga MOD and other tracker files? They contained digitized sound samples, and were sent over the internet and BBS's, probably as early as 1986 or 1987.

                                                                                              While they were commonly used to "sequence" music, they also sometimes contained a single audio stream, and were used cause it was a common format that was easy to play with commonly available code.

                                                                                              Authors often included the release date as the name of a sample contained within a mod file.
                                                                                              My Favorite Game

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                                                                                              • Centurion
                                                                                                Confirmed User
                                                                                                • Dec 2002
                                                                                                • 6033

                                                                                                #48
                                                                                                Originally posted by jayeff



                                                                                                So now that you have proved to everyone here how macho you are with a BS response to something that didn't even require a response, what next?

                                                                                                If you have pissed Acacia off enough to get an actual demand for payment next, are you going to reply with some more smart ass comments, or deal with it? If you get a court date, are you going to turn up and try to impress the judge with that crap or are you going to say f*ck it and ignore the summons? Either way you end up in the hole.

                                                                                                I wouldn't mind settling this with a baseball bat or whatever, but it's not going to happen that way. Online porn is growing up and you either grow up with it or get left behind. Your choice.
                                                                                                Yes..I can see it now...Headquarters calls legal and says to call off all TWENTY FIVE of their attornies who are going after 719 webmasters to concentrate on this one guy who was really rude to them in a letter!!

                                                                                                TRICK OR TREAT!!

                                                                                                Comment

                                                                                                • FightThisPatent
                                                                                                  Confirmed User
                                                                                                  • Aug 2003
                                                                                                  • 4090

                                                                                                  #49
                                                                                                  Originally posted by Mr. Porno King


                                                                                                  What about Amiga MOD and other tracker files?
                                                                                                  MOD files don't count because they are not true digital audio.

                                                                                                  They do contain digitized samples, but the construction of the song is based on the triggering of the samples, rather then the complete digitization of a song.

                                                                                                  You are thinking on the right track.... check with http://www.FightThePatent.com/v2/Searching.html for kinds of files that would make for good prior art.


                                                                                                  Fight the Patent!

                                                                                                  http://www.t3report.com
                                                                                                  (where's the traffic?) v5.0 is out! |
                                                                                                  http://www.FightThePatent.com
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                                                                                                  • Dravyk
                                                                                                    Confirmed User
                                                                                                    • Jan 2001
                                                                                                    • 1202

                                                                                                    #50
                                                                                                    Shok, you seem overqualified in the crazy pic area ...

                                                                                                    Anything you wanna share about your past experiences???
                                                                                                    All Of 'Em

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