Quote:
Originally posted by RocHard
I got the letter from Acacia myself earlier this week.
Acacia is doing this for a few reasons...... First, Acacia is hoping to all of these webmasters will pee in their pants and beg their sponsors to give into Acacia. Second, the webmasters who can't defend themselves will be forced to give in which will provide Acacia some money.
This isn't going to work. These webmasters - assuming they don't have any video on their sites - aren't violating anything Acaica claims to own. Acacia will say that they are promoting a company that is violating their patents. SO? (If the gas station I buy gas from is violating some law does that make me guilty of anything?)
If Acaica thinks they can take every adult webmaster to court, let them. It will cost them millions, and they will get almost nothing back in return.
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Ah finally someone I recognize as working for a sponsor . If I were a webmaster and didn?t make a lot of money at this (as I suspect 80-90% don?t make a lot of money at this) I would be pissing in my pants. Ok so you claim the linkers don?t owe any money. How do you purpose your affiliates make that claim in court? Making that claim in court would require your affiliates to have enough money to travel to California and retain a patent attorney to represent themselves out there. What % of your affiliates do you think have that kind of money? 15%, 10%, 5%, 2% I would also suggest you have your attorney?s look into the inducing infringement cases. I have and I can tell you IMO in looking at the materials if their patent is valid there is case to be made that linking would be inducement. There are cases out there that say the mere advertising of a product is inducing infringement.