Recieved Acacia LAWSUIT! Poor Little Content Provider with NO existing Video on Site. - GoFuckYourself.com - Adult Webmaster Forum

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Vittorio

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#1

Recieved Acacia LAWSUIT! Poor Little Content Provider with NO existing Video on Site.

09-19-2003, 09:16 AM

After a year of bullshit threats I recieved in the mail by Acacia, they have finally sent a draft Lawsuit and plan on filing it. Problem is, I HAVE NO VIDEO ON MY SITE!! I took it down. So their lawsuit complaint is not accurate. Berman is making his lawyers look foolish. So I wrote the lawyers directly and said hey, there ain't no video so you got no case, and Berman is an asshole who should do his homework before making his lawyers look like assholes too.

Anyway, funniest thing is, I'm probably the SMALLEST 1-person company they could possibly come after! Kinda like like the 12 year old girl the RIAA went after. They will CERTAINLY go under if they pursue this line of spending money to sue people like me, when they will see ABSOLUTELY NO PAYBACK, even IF they win judgement in court.

Ridiculous! "Your honor, we'd like to sue this guy for having video on his site, although he doesn't have video on his site" Huh?? Hahahahahahaha.

Bring on your process server you fucktards!

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Sly_RJ

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#2

09-19-2003, 10:22 AM

Couldn't you counter for a frivolous law suit?

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Smegma

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09-19-2003, 10:33 AM

If I were you, I would have let them file.

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Far-L

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#4

09-19-2003, 10:45 AM

Par for the course.

Why shouldn't I question their research when their research makes leads them to pursue these type of actions?

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Far-L

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#5

09-19-2003, 10:47 AM

Originally posted by Sly_RJ
Couldn't you counter for a frivolous law suit?

I don't think so, not if they have not yet actually filed a suit. All they did was threaten to file one.

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NBDesign

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#6

09-19-2003, 10:50 AM

Is downloadable video the same thing? If so, I guess I am fucked too.. Oh well, what will they get from me... nothing.. Too new and not a lot of $$ yet so let them come.

Since I don;t advertise that i have vidoe on my site, they will have to buy a membership to get proof...

I could use the extra sign up this week, someone leak my site to them... lol

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#7

09-19-2003, 11:04 AM

I would never write them directly. Let your lawyers deal with these assholes.

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Tala

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#8

09-19-2003, 11:13 AM

Originally posted by LiveDose
I would never write them directly. Let your lawyers deal with these assholes.

Let your attorney speak for you at times like this. Acacia needs to have a swift kick in the collective balls, they're nothing but a bunch of bullies and extortionists who bought their goddamn patent anyway.

I take great joy in saying wholeheartedly that I hope their little "company" dies a hideously painful death. Quick, someone patent something that they use on a daily basis then sue the hell out of them.

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#9

09-19-2003, 11:15 AM

Hi Vittorio!

It's "cool" time - let em fuck around abusing laws as much as they want - the more rope they are given the better.

There is the usual "strategy" on this in that they select, as you put it, "SMALLEST 1-person company" and grind em into the dirt as a forerunner and precendent to engaging the bigger operators.

If you have not already done so, cover your ass well at the moment!

I wait for the day we get any shit from em - fat chance they got!!

Good luck man - fuck em hard and cost em plenty!

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eroswebmaster

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#10

09-19-2003, 11:16 AM

I don't think it matters that you have taken down the video, it is my understanding they can sue you for past infringements.

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Vittorio

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#11

09-19-2003, 01:16 PM

There's nothing in the Complaint/Suit about past damages. Just Current Infringing.

What's actually also very interesting, the complaint contends that I am INHIBITING infringment by others by PRODUCING video content even if I DON'T have video on my site. THAT will never hold. You cannot sue the makers of flour if someone is suing a bread company.

Also filing in CA when I'm in FL doesn't hold. I have no biz or residency in CA, so it is unduly fair to be brought to CA to answer suit. No court would uphold that. They'd have to file here in FL.

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Sharky

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#12

09-19-2003, 01:23 PM

don't listen to any advice in this thread other than that which says you should speak to your attorney.

Opinions are like assholes, everyone has one -- and most times they reak of shit!

:-)

Sharky
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Sharky

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#13

09-19-2003, 01:24 PM

Originally posted by Vittorio

What's actually also very interesting, the complaint contends that I am INHIBITING infringment by others by PRODUCING video content even if I DON'T have video on my site. THAT will never hold. You cannot sue the makers of flour if someone is suing a bread company.

Keep in mind, you can sue a gunmaker and win for producing a gun that was used to murder someone.

again.. talk to your lawyer. never speak of a pending lawsuit on a public forum. Anything you say, can and will be used against you!

Sharky
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goBigtime

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#14

09-19-2003, 01:36 PM

Originally posted by Vittorio
lThey will CERTAINLY go under if they pursue this line of spending money to sue people like me, when they will see ABSOLUTELY NO PAYBACK, even IF they win judgement in court.

The payoff is a slam-dunk victory when you don't show up in court.

The value of legal precedents is probably worth more to them than the monetary value in these cases.
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#15

09-19-2003, 01:41 PM

Originally posted by sharky
don't listen to any advice in this thread other than that which says you should speak to your attorney.

Opinions are like assholes, everyone has one -- and most times they reak of shit!

:-)

Good advice for sure ^

Unless you let your mechanic do your taxes...
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#16

09-19-2003, 01:43 PM

sue them! harassement...

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Tipsy

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#17

09-19-2003, 01:45 PM

Originally posted by goBigtime

Unless you let your mechanic do your taxes...

He's cheap and chucks in free pension advice! Just need to make sure the bugger washes his hands before he does them or there's oil gets smeared all over them.

Ignorance is never bliss.
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#18

09-19-2003, 02:21 PM

Originally posted by goBigtime

The payoff is a slam-dunk victory when you don't show up in court.

The value of legal precedents is probably worth more to them than the monetary value in these cases.

Very true. And that's where they've been getting most of their "victories". People are either afraid or don't care/don't think that since they no longer have video that they are safe.

Do get an attorney for this, and if called to court, SHOW UP! (unless your attorney advises otherwise).
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#19

09-19-2003, 02:29 PM

He says he's a "little guy". If he's really that little it's doubtful that he could feasibly afford an attorney, especially for multiple consultations and as a mediator to do all the communications with Acacia's attorneys.

It's also not likely that a truly "little guy" could afford to fly to California from Florida and stay there for the length of time it would take, not to MENTION that any attorney get gets to represent him NOW would be in Florida and he would probably not be licensed to practice in California which would mean he would ALSO have to secure an attorney THERE.

Complete bullshit. I can't believe these people would be going after people who can't defend themselves.

Actually, why can't I believe it? They are a group of attorneys. Bloodthirsty sharks, so yes, I can believe they'd be that low.
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Sharpie

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#20

09-19-2003, 04:06 PM

As a rule, They DO have to sue you in the state your office is in. But, if they do sue you in the wrong state - you still have to pay an attorney in that state to appear and tell them that they sued you in the wrong state. $$$ down the drain....
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Vittorio

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#21

09-19-2003, 04:28 PM

Yes, good points by all!

It's just that this is a fucking headache I don't need.

They think they have a golden goose with this thing because of the Billion Dollar Porn Industry. Thing is, most of it is made up by thousands upon tens of thousands of little guys whom they won't be able to squeeze a nickel out of, and it will cost THEM a fortune to try to do it. It's a time/money game. Who will win out?? My guess is we will. I can understand why some of the Big Boys are settling, but those few licenses are NEVER gonna produce the revenue Acacia is seeking. So out of business THEY will be. It looked good on paper as a cash cow for them, but they are finding out quickly it ain't that easy. And the market will respond to them when they don't provide the results!

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ravener

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#22

09-19-2003, 04:33 PM

Originally posted by Sharpie
As a rule, They DO have to sue you in the state your office is in. But, if they do sue you in the wrong state - you still have to pay an attorney in that state to appear and tell them that they sued you in the wrong state. $$$ down the drain....

Patent infringement is a federal offense, and lawsuits are filed in federal court. The plaintiff gets to choose juridiction, which is usually close to their corporate headquarters.

If you are *threatened* with a lawsuit, you can get the jump on them by filing in the federal court in YOUR backyard to get a decalatory judgement. But then you get the priviledge of fighting on two fronts, which doubles your legal expenses.

The only winners are the lawyers on each side.
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