Acacia Counter Suit

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  • StacyCat
    Confirmed User
    • May 2002
    • 1167
    #1

    Acacia Counter Suit

    http://www.avn.com/index.php?Primary...ntent_ID=39505

    LOS ANGELES - Lashing back at what they call Acacia Media Technologies' "predatory and abusive" tactics in litigating its streaming media patent claims, New Destiny Media/Homegrown Video has filed a counter suit in federal court charging the Newport Beach, California company with unfair trade practices and abuse of the judicial system.
    Tags: None
    • JFPdude
      Confirmed User
      • Jan 2002
      • 4027
      #2
      Hear Hear ... all those companies should be supported in every way possible ... break out the refferal codes ... gotta start building galleries to send to those companies fighting acadia


      It's about tikme someone teamed up and fought back like this.

        Comment

        • GoGoBar
          Confirmed User
          • Sep 2002
          • 1439
          #3


          Is there a list of companies who have settled somewhere btw?

            Comment

            • Sly_RJ
              Live Hard - Die Hard
              • Feb 2002
              • 17042
              #4
              Originally posted by JFPdude
              Hear Hear ... all those companies should be supported in every way possible ... break out the refferal codes ... gotta start building galleries to send to those companies fighting acadia

              I've been looking for a list, finally found it.

              Homegrown, Top Bucks, Light Speed, Sun Up, ARS, and others...

              The announcement came on behalf of a group of Acacia litigants who decided independently to challenge Acacia's streaming media patent claims. The group includes VS Media, Homegrown Video, TopBucks, GameLink, LightSpeed Entertainment, AEBN, Sunup Media, Webmaster Paradise, Adult Revenue Service, and others.
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                Comment

                • JMM
                  Confirmed User
                  • Apr 2001
                  • 1755
                  #5
                  Originally posted by StacyCat
                  http://www.avn.com/index.php?Primary...ntent_ID=39505

                  LOS ANGELES - Lashing back at what they call Acacia Media Technologies' "predatory and abusive" tactics in litigating its streaming media patent claims, New Destiny Media/Homegrown Video has filed a counter suit in federal court charging the Newport Beach, California company with unfair trade practices and abuse of the judicial system.
                  See..I told you to wait and you would all be happy.

                  http://www.ademia.com fighting the good fight against ACACIA!

                    Comment

                    • PerfectionGirls
                      Too lazy to set a custom title
                      • Oct 2002
                      • 4484
                      #6
                      You can count on our support!
                      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

                        • JMM
                          Confirmed User
                          • Apr 2001
                          • 1755
                          #7
                          Glad to hear it because we need your support.

                          This issue doesn't just touch us, it touches every single one of you as well!

                            Comment

                            • Ludedude
                              Suck it!
                              • Jun 2001
                              • 4432
                              #8
                              Good work people! Those companies who are named in that article deserve your traffic and support. Those that settled, well, you can draw your own conclusions.

                                Comment

                                • Dcat
                                  Confirmed User
                                  • Aug 2003
                                  • 1607
                                  #9
                                  Originally posted by Ludedude
                                  Good work people! Those companies who are named in that article deserve your traffic and support. Those that settled, well, you can draw your own conclusions.
                                  I agree!

                                    Comment

                                    • VideoJ
                                      Confirmed User
                                      • Aug 2002
                                      • 750
                                      #10
                                      JMM, who's handling prior art for the case? I found a usenet posting from 1988 that should help on prior art.
                                      Somebody stole my damn signture...

                                        Comment

                                        • Mr.Fiction
                                          Confirmed User
                                          • Feb 2002
                                          • 9484
                                          #11
                                          Homegrown and the others fighting these cases deserve our support.

                                          That means, open your wallets!
                                          Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                                            Comment

                                            • ravener
                                              Registered User
                                              • Aug 2003
                                              • 76
                                              #12
                                              While this might be a "feel good" moment, it doesn't mean squat in terms of invalidating the patent. It will be a pyrrhic victory to win a lawsuit over "predatory practices" but lose the patent infringement case.

                                              You can't invalidate a patent just because someone is an asshole and doesn't play nice in the sandbox.

                                              Seems a waste of time and valuable resources to me.

                                                Comment

                                                • Mr.Fiction
                                                  Confirmed User
                                                  • Feb 2002
                                                  • 9484
                                                  #13
                                                  Originally posted by ravener
                                                  While this might be a "feel good" moment, it doesn't mean squat in terms of invalidating the patent. It will be a pyrrhic victory to win a lawsuit over "predatory practices" but lose the patent infringement case.

                                                  You can't invalidate a patent just because someone is an asshole and doesn't play nice in the sandbox.

                                                  Seems a waste of time and valuable resources to me.
                                                  Do you work for or own stock in Acacia?
                                                  Don't be lazy, protect free speech: ACLU | Free Speech Coalition | EFF | IMPA

                                                    Comment

                                                    • Mojo Rizin
                                                      Confirmed User
                                                      • Dec 2002
                                                      • 1089
                                                      #14
                                                      Originally posted by ravener
                                                      While this might be a "feel good" moment, it doesn't mean squat in terms of invalidating the patent. It will be a pyrrhic victory to win a lawsuit over "predatory practices" but lose the patent infringement case.

                                                      You can't invalidate a patent just because someone is an asshole and doesn't play nice in the sandbox.

                                                      Seems a waste of time and valuable resources to me.
                                                      Your right, it wont invalidate anything.. but what it COULD do is bring some of the big dogs (cnn,fox,microsoft,etc) into the picture.

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                                                        Comment

                                                        • ravener
                                                          Registered User
                                                          • Aug 2003
                                                          • 76
                                                          #15
                                                          Originally posted by Mr.Fiction


                                                          Do you work for or own stock in Acacia?
                                                          Are you shitting me? Yeah... I'm Rob Berman. License this.

                                                            Comment

                                                            • Far-L
                                                              Confirmed User
                                                              • Feb 2002
                                                              • 6065
                                                              #16
                                                              Originally posted by ravener
                                                              While this might be a "feel good" moment, it doesn't mean squat in terms of invalidating the patent. It will be a pyrrhic victory to win a lawsuit over "predatory practices" but lose the patent infringement case.

                                                              You can't invalidate a patent just because someone is an asshole and doesn't play nice in the sandbox.

                                                              Seems a waste of time and valuable resources to me.
                                                              You are entitled to your opinion, and you are right that this is not about the patent. However we are not suing them for being assholes and foul play in a sand box. If you read the claim then you will see that it addresses what Acacia is doing to everyone here and now. We are responding to a universal cry for help and this is the best course to directly address Acacia's predatory and unfair trade practices that are affecting so many.

                                                              Of course, we are going to focus on the patent suit; what do you think we have been doing almost every day for the past year?

                                                              I think it would only be pyrrhic if we spent ourselves into the ground and did not have enough to defend their claims against us; that is absolutely not going to happen.

                                                              We are looking forward to our days in court.
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                                                                Comment

                                                                • berg.the.red
                                                                  Confirmed User
                                                                  • Feb 2003
                                                                  • 596
                                                                  #17
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                                                                    Comment

                                                                    • ravener
                                                                      Registered User
                                                                      • Aug 2003
                                                                      • 76
                                                                      #18
                                                                      Originally posted by Mojo Rizin


                                                                      Your right, it wont invalidate anything.. but what it COULD do is bring some of the big dogs (cnn,fox,microsoft,etc) into the picture.
                                                                      I don't see how, or why, that could happen from this. The only way they'd get involved is if/when they get sued by Acacia.

                                                                      What strikes me is the first two words in the AVN article. "Lashing back". That's sandbox stuff. Don't get mad. Get even. Concentrate resources (read: legal dollars!) on invalidating the patent, and stop making this a personal pissing match between Rob Berman and Spike. If you let Berman get under your skin, he wins. He'll distract you from the goal, and goad you into making mistakes. But he doesn't matter. The only thing that matters is the patent. Once it's invalidated, the entire cast of characters disappears as if they never existed. Except for the legal bills.

                                                                        Comment

                                                                        • ravener
                                                                          Registered User
                                                                          • Aug 2003
                                                                          • 76
                                                                          #19
                                                                          Originally posted by Far-L



                                                                          I think it would only be pyrrhic if we spent ourselves into the ground and did not have enough to defend their claims against us; that is absolutely not going to happen.

                                                                          We are looking forward to our days in court.
                                                                          Glad to hear there's enough in the war chest to fight a war on two fronts. That was really what I was most afraid of.

                                                                            Comment

                                                                            • fiveyes
                                                                              Confirmed User
                                                                              • Aug 2001
                                                                              • 1680
                                                                              #20
                                                                              Good show!

                                                                              Remember- <A HREF="http://www.impai.org" target="_blank">IMPA</A> needs our support through this. Hoping for the best, cheering from the sidelines and wishing them luck isn't going to make it. The magic hat only works when the green goes into it...
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                                                                                • Stud Money
                                                                                  So Fucking Banned
                                                                                  • Sep 2003
                                                                                  • 3214
                                                                                  #21
                                                                                  Without meaning to sound like an asshat here (and yes i know i probably will do) but...

                                                                                  "instituting and maintaining its objectively baseless patent infringement and business tort claims?to accomplish a purpose for which the legal system is not designed or intended."
                                                                                  +

                                                                                  "The law forbids the use of the judicial system for ulterior motives such as seeking to scare and intimidate hard working people into paying for patent licenses they do not need for technology they do not use,"
                                                                                  Quote #1 - Then why are you filing this counter claim?

                                                                                  Quote #2 - Then why are you filing this counter claim?

                                                                                  Doesnt this claim by yourselves amount to the same thing that Acacia have been doing but in reverse?

                                                                                  Dont ge tme wrong these assholes need to be anally fucked with a dead rotting beaver but ultimately, isnt this just a lot of legal wranglings going on with, what appears to be no apparent outcome anytime soon?

                                                                                  Would your $$$ donated by those of us not in this on an individual basis not be better spent in finding prior art, and other ways to dismiss their patents?

                                                                                  Just my on the matter feel free to flame away.

                                                                                    Comment

                                                                                    • darnit
                                                                                      Confirmed User
                                                                                      • Jul 2001
                                                                                      • 2439
                                                                                      #22
                                                                                      Originally posted by ravener

                                                                                      What strikes me is the first two words in the AVN article. "Lashing back". That's sandbox stuff. Don't get mad. Get even. Concentrate resources (read: legal dollars!) on invalidating the patent, and stop making this a personal pissing match between Rob Berman and Spike. If you let Berman get under your skin, he wins. He'll distract you from the goal, and goad you into making mistakes. But he doesn't matter. The only thing that matters is the patent. Once it's invalidated, the entire cast of characters disappears as if they never existed. Except for the legal bills.
                                                                                      here here

                                                                                        Comment

                                                                                        • sexeducation
                                                                                          So Fucking Banned
                                                                                          • Jun 2003
                                                                                          • 7315
                                                                                          #23
                                                                                          Originally posted by Far-L


                                                                                          You are entitled to your opinion, and you are right that this is not about the patent. However we are not suing them for being assholes and foul play in a sand box. If you read the claim then you will see that it addresses what Acacia is doing to everyone here and now. We are responding to a universal cry for help and this is the best course to directly address Acacia's predatory and unfair trade practices that are affecting so many.

                                                                                          Of course, we are going to focus on the patent suit; what do you think we have been doing almost every day for the past year?

                                                                                          I think it would only be pyrrhic if we spent ourselves into the ground and did not have enough to defend their claims against us; that is absolutely not going to happen.

                                                                                          We are looking forward to our days in court.
                                                                                          Good work.
                                                                                          Very good work.

                                                                                          The insanity will end - when they run out of money (IMO).
                                                                                          I've always been curious who is backing this company which seems to be solely counting on this "patent" issue.
                                                                                          Who are the investors bank rolling these lawsuits is my question,
                                                                                          and what is their motivation?

                                                                                          The way Acacia went about these lawsuits just "smells bad".

                                                                                          I am glad you are pointing this out.
                                                                                          Good job.

                                                                                          I have some academics that come to my site.
                                                                                          I will blog your latest push within the week.

                                                                                            Comment

                                                                                            • MicDoohan
                                                                                              Confirmed User
                                                                                              • Apr 2003
                                                                                              • 791
                                                                                              #24
                                                                                              ACACIA

                                                                                              SEX EDUCATION

                                                                                                Comment

                                                                                                • homegrownSpike
                                                                                                  Registered User
                                                                                                  • Nov 2002
                                                                                                  • 30
                                                                                                  #25
                                                                                                  Originally posted by ravener


                                                                                                  I don't see how, or why, that could happen from this. The only way they'd get involved is if/when they get sued by Acacia.

                                                                                                  What strikes me is the first two words in the AVN article. "Lashing back". That's sandbox stuff. Don't get mad. Get even. Concentrate resources (read: legal dollars!) on invalidating the patent, and stop making this a personal pissing match between Rob Berman and Spike. If you let Berman get under your skin, he wins. He'll distract you from the goal, and goad you into making mistakes. But he doesn't matter. The only thing that matters is the patent. Once it's invalidated, the entire cast of characters disappears as if they never existed. Except for the legal bills.
                                                                                                  This is not a personal thing between Berman and myself. IMO you are basing your opinion on someone?s interpretation of the countersuit. Here is a link to our counter claims read it yourself and draw your own conclusions.

                                                                                                  http://www.homegrownvideo.com/test/l...unterclaim.pdf

                                                                                                  I do agree with you though that this the only thing that mattes is dealing with the patent.

                                                                                                    Comment

                                                                                                    • bigdog
                                                                                                      Confirmed User
                                                                                                      • Jul 2001
                                                                                                      • 6964
                                                                                                      #26
                                                                                                      who gives a fuck when you are making a mint on the stock lol

                                                                                                        Comment

                                                                                                        • MrHits
                                                                                                          Confirmed User
                                                                                                          • Apr 2003
                                                                                                          • 236
                                                                                                          #27
                                                                                                          Someone over at homegrown needs to send this action as a press release to the PR newswire. Acacia is publicly traded and this needs to appear right here:

                                                                                                          http://finance.yahoo.com/q?s=CBMX&d=t

                                                                                                            Comment

                                                                                                            • homegrownSpike
                                                                                                              Registered User
                                                                                                              • Nov 2002
                                                                                                              • 30
                                                                                                              #28
                                                                                                              Originally posted by Stud Money
                                                                                                              Without meaning to sound like an asshat here (and yes i know i probably will do) but...



                                                                                                              Quote #1 - Then why are you filing this counter claim?

                                                                                                              Quote #2 - Then why are you filing this counter claim?

                                                                                                              Doesnt this claim by yourselves amount to the same thing that Acacia have been doing but in reverse?

                                                                                                              Dont ge tme wrong these assholes need to be anally fucked with a dead rotting beaver but ultimately, isnt this just a lot of legal wranglings going on with, what appears to be no apparent outcome anytime soon?

                                                                                                              Would your $$$ donated by those of us not in this on an individual basis not be better spent in finding prior art, and other ways to dismiss their patents?

                                                                                                              Just my on the matter feel free to flame away.
                                                                                                              First let me assure you that no money that is donated to the IMPA is going to fund our counter claim. The only stuff the IMPA can assist us with are things that benefit the community as a whole. To date the defendants have not received any financial support from the IMPA. Instead the IMPA has spent its time dealing with other predators like Acacia who are planning on being the next company to cash in on our industry. The defense group does benefit from donations made directly to our legal fund.



                                                                                                              To address why we did this it is two fold. First because Acacia has put pressure on our clients who in turn are putting pressure on us. And second because this is a misuse of the legal system and it is costing the companies involved a ton of money. I would like to see us recoup that money when we prove that these are baseless claims that Acacia tried to win on legal cost and intimidation.



                                                                                                              Also I just want to say that I for one have no problem with constructive criticism. I am happy to hear from Stud Money and Ravener regarding what is happening. Call me if you have any thoughts.

                                                                                                              949-716-8080

                                                                                                                Comment

                                                                                                                • homegrownSpike
                                                                                                                  Registered User
                                                                                                                  • Nov 2002
                                                                                                                  • 30
                                                                                                                  #29
                                                                                                                  Originally posted by MrHtis
                                                                                                                  Someone over at homegrown needs to send this action as a press release to the PR newswire. Acacia is publicly traded and this needs to appear right here:

                                                                                                                  http://finance.yahoo.com/q?s=CBMX&d=t
                                                                                                                  We are working on it

                                                                                                                    Comment

                                                                                                                    • ScriptBall
                                                                                                                      Confirmed User
                                                                                                                      • Aug 2003
                                                                                                                      • 376
                                                                                                                      #30
                                                                                                                      It's about fucking time someone got some dirt on Acacia, their acting like a new microsoft. I am going to get my gallery friends to help them out.
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