Originally posted by Groove For the record, the numbers in my initial post were from Acacia's Content Provider License. A similar scenario for a webmaster goes like this... If you estimate that your annual earnings will be no more than $50,001-100,000 you'll pay a $3,000 annual royalty (ie 3-6% of your gross) IN ADVANCE. But if it turns out that your actual earnings for the year are $100,001 (ie just $1 over your estimate), Acacia will demand an additional $6,750, thus you'll be paying Acacia a total of $9,750 or 9.75% of your gross income! And Acacia says that they will be increasing their royalties from 1 December!
Originally posted by Groove For the record, the numbers in my initial post were from Acacia's Content Provider License. A similar scenario for a webmaster goes like this... If you estimate that your annual earnings will be no more than $50,001-100,000 you'll pay a $3,000 annual royalty (ie 3-6% of your gross) IN ADVANCE. But if it turns out that your actual earnings for the year are $100,001 (ie just $1 over your estimate), Acacia will demand an additional $6,750, thus you'll be paying Acacia a total of $9,750 or 9.75% of your gross income! And Acacia says that they will be increasing their royalties from 1 December!
Originally posted by Mr.Fiction Even if the patent were upheld, no one with a lawyer will pay that.
Talk to a lawyer, he will laugh at most of what Acacia says, not just their patent.
Of course the lawyers are laughing! They'll be laughing all the way to the bank on the fees that they get from defending webmasters who are unable to strike a deal with Acacia!
Acacia is entitled to charge anything they like until a court tells them otherwise. How many webmasters can offord to argue their case in court? And what makes you think an amount mandated by a court will be an acceptable fee? And what about all the other patent leeches lining-up for a slice of your revenue?
Of course the lawyers are laughing! They'll be laughing all the way to the bank on the fees that they get from defending webmasters who are unable to strike a deal with Acacia!
Acacia is entitled to charge anything they like until a court tells them otherwise. How many webmasters can offord to argue their case in court? And what makes you think an amount mandated by a court will be an acceptable fee? And what about all the other patent leeches lining-up for a slice of your revenue?
Acacia is entitled to charge anything they like until a court tells them otherwise. How many webmasters can offord to argue their case in court? And what makes you think an amount mandated by a court will be an acceptable fee? And what about all the other patent leeches lining-up for a slice of your revenue?
They can't charge you anything. They can ask you for 250% of your gross income. Only a judge can make you pay.
If you can't afford to pay for a lawyer, then you should not be in the adult industry. Acacia is the least of your problems if you can't afford a lawyer. Acacia can't put you in jail. The Justice department can.
If your lawyer thinks that Acacia is going to get 10% of anyone's gross, you need to get a new lawyer.
They can't charge you anything. They can ask you for 250% of your gross income. Only a judge can make you pay.
If you can't afford to pay for a lawyer, then you should not be in the adult industry. Acacia is the least of your problems if you can't afford a lawyer. Acacia can't put you in jail. The Justice department can.
If your lawyer thinks that Acacia is going to get 10% of anyone's gross, you need to get a new lawyer.
According to the Marketguide database, of the 37 publicly held print media companies of any consequence (market cap > $100 million), the weighted average profit margin is 5%, the max is 18%.
Originally posted by Mr.Fiction According to the Marketguide database, of the 37 publicly held print media companies of any consequence (market cap > $100 million), the weighted average profit margin is 5%, the max is 18%.
Originally posted by Mr.Fiction They can't charge you anything. They can ask you for 250% of your gross income. Only a judge can make you pay.
If you can't afford to pay for a lawyer, then you should not be in the adult industry. Acacia is the least of your problems if you can't afford a lawyer. Acacia can't put you in jail. The Justice department can.
So precisely how much is your lawyer estimating that he/she will charge you when Acacia takes you to court? Have you been advised that you may also have to pay Acacia's court costs?
And what makes you think that a court mandated settlement is going to be acceptable to you? And what's your bottom-line going to look like when you've been through the same process with all the other patent holders waiting in the wings?
If your lawyer thinks that Acacia is going to get 10% of anyone's gross, you need to get a new lawyer.
I never suggested that Acacia was going to receive any specific amount. I merely suggested that the amounts that they are demanding are insane. Do you disagree?
I never suggested that Acacia was going to receive any specific amount. I merely suggested that the amounts that they are demanding are insane. Do you disagree?
YES ...
Have you submitted your monthly sales report to Acacia yet?
I never suggested that Acacia was going to receive any specific amount. I merely suggested that the amounts that they are demanding are insane. Do you disagree?
I agree that they are insane.
No matter how much a law firm charges you, it won't be more than 10% of your gross for the rest of your life. Given a choice, would you rather go broke paying your lawyers or go broke paying Acacia?
No matter how much a law firm charges you, it won't be more than 10% of your gross for the rest of your life. Given a choice, would you rather go broke paying your lawyers or go broke paying Acacia?
"Acacia" marketing ...
this community is stronger then that ...
you guys can kill this....
be united for once ....
Originally posted by Mr.Fiction No matter how much a law firm charges you, it won't be more than 10% of your gross for the rest of your life. Given a choice, would you rather go broke paying your lawyers or go broke paying Acacia?
In my case I have decided to either (in order of preference):
1) put my business outside of Acacia's patent jurisdiction
2) negotiate an acceptable out of court settlement
3) remove videos from my business model.
Originally posted by Mr.Fiction
Given a choice, would you rather go broke paying your lawyers or go broke paying Acacia?
let's not single out Acacia, there are plenty of other patent infringement cases that are out there and coming in the future that webmasters can go broke over.
Help support the current patent abuse cases and future patent abuse cases that will affect your business by pledging support to Fight The Patent Foundation.
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