Quote:
Originally posted by amatvideo
1) As far as I see, it seems to me that 25% of my gross revenue is is due to their technology so I should pay a fee based on that, but after contacting them I have come to find that my entire website gross is what matters. Does anyone else find it stupid for them to have this kind of policy, and has anyone thought to challange their fees based on this idea?
2)Second, here is what we are thinking -- Since acacia doesn't care how the site is comrised, what if we divide our members site into two seperate sites, and when you sign up you are actually signing up for 2 seperate domains,..........Does this seem workable and a backdoor to minimize fees when those wackjobs file against me???
3) Last Question -- I belong to a cam circle (sex cam central) and do a live show each week -- Is my live show considered to violate the patent?
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1) Yes, it does sound stupid, but they are probably taking the position that it's hard to separate what value video brought to the consumer that facilitated the purchase... so they take the easy way out and just go after GROSS revenue, which is GROSSLY ridiculuos. Since they get to peak at your financial records, they might as well take the time to help come to some reasonable number for gross revenue that pertains to the value of audio/video, rather than the aggregate. Haven't heard anyone trying to make their case with Acacia and be successful in getting a response other than 'dude, you're like infringing, so like pay us money already'.
2) An interesting approach.. they could of course look at your books and see that this new domain just started generating revenue, and they can go after you for retro fees on past infringements in the event they bring a lawsuit against you.
3) Live streaming is not claimed by their (INTERPRETED) patent claims. But more people who do live streaming, usually end up having archived footage, so that would be 1 count of infringement. If you use affiliate programs and are using a sponsor that hasn't licensed, they would consider that another count of infringement.
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