I received an A C A C I A letter today !

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  • MichaelP
    Registered User
    • Aug 2003
    • 7123
    #1

    I received an A C A C I A letter today !

    Well I received a letter form those guys today, they want me to buy a license prior NOVEMBER 30 or they will sue me...

    Thw funny thing I don't do video streaming from my paysites, I have videos thru some of my content providers (plug-in) from who I rent content, but the only thing I serve from my servers are pics !!!

    What should I do with this letter???

    I left a message few minutes ago at the phone number they gave me on the letter...

    Does this shit means that If I use my digital camcorder to shoot some scene of Quebec City, edit it thru FinalCut and I show it on my website using the quicktime plugin that everyone already have on his machine, I am commiting an infrigement ???? WTF ???

    As a designer, does this touch me as well or only my customers... ?

    Thanks
    Tags: None
    • the indigo
      Confirmed User
      • Sep 2001
      • 2016
      #2
      Hmm... thought Acacia did not have patents in Canada?
      "There he goes. One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die." -Hunter S. Thompson

        Comment

        • Ray@TastyDollars
          www.TastyDollars.com
          • May 2002
          • 6797
          #3
          Originally posted by the indigo
          Hmm... thought Acacia did not have patents in Canada?
          They dont.

          qwebecexpo, do you have an office in the USA?

            Comment

            • MichaelP
              Registered User
              • Aug 2003
              • 7123
              #4
              Ho ?

              So if I am inCanada and my servers as well. i maybe ok ? But my content providers are in US.....

              Ok I read a bit since I started this thread. I learned (if the info was right), that I will have to pay to use somebody else video streaming (content providers), but not them, so we'll be hundreds to pay using the same videos ?

              This is a legal SCAM !!!

              The small guy who is sending a couple of signup or sales to Video Secrets will have to pay a licence ???

                Comment

                • MichaelP
                  Registered User
                  • Aug 2003
                  • 7123
                  #5
                  Originally posted by Ray


                  They dont.

                  qwebecexpo, do you have an office in the USA?
                  Not at all, I am in Quebec City (QC) Canada. My offices (studios) are in my home and my servers are in Montreal ...

                  But my content providers are form US... I am also using some free videos, livecams with upsales, kind of Flirt4Free things ...

                  [edit:typo]

                    Comment

                    • JamesK
                      hi
                      • Jun 2002
                      • 16731
                      #6
                      siun jing
                      M3Server - NATS Hosting

                        Comment

                        • Ray@TastyDollars
                          www.TastyDollars.com
                          • May 2002
                          • 6797
                          #7
                          If I were you:

                          Id have my lawyer write them a legal letter concerning the whole US/Canada issue. The letter should cost you $100-200, it will buy you some time to really look into your situation.

                          Good luck,

                          Please let us know how it turns out

                            Comment

                            • Ray@TastyDollars
                              www.TastyDollars.com
                              • May 2002
                              • 6797
                              #8
                              Originally posted by qwebecexpo


                              my servers are in Montreal ...

                              Really? Who do you host with? If you dont want to say here, ICQ me (sig)

                              thx,
                              Ray

                                Comment

                                • MichaelP
                                  Registered User
                                  • Aug 2003
                                  • 7123
                                  #9
                                  Originally posted by Ray


                                  Really? Who do you host with? If you dont want to say here, ICQ me (sig)

                                  thx,
                                  Ray
                                  Ho I can, my servers are parked at PEER1 Network colocation facility in Monteal. And NO I CAN'T move from there They are personnal friends.

                                  Thanks for the advice, does my regular familly lawyer can do that, or i need one who knows our business (adult) a little ?

                                    Comment

                                    • the indigo
                                      Confirmed User
                                      • Sep 2001
                                      • 2016
                                      #10
                                      Originally posted by qwebecexpo


                                      Not at all, I am in Quebec City (QC) Canada. My offices (studios) are in my home and my servers are in Montreal ...

                                      But my content providers are form US... I am also using some free videos, livecams with upsales, kind of Flirt4Free things ...

                                      [edit:typo]
                                      This is complete bullshit.

                                      You should not have to pay for 3rd party plugins. They are not on your servers and you don't own them. You simply LINK to them from your member area.

                                      I did not read anywhere in the Acadia documents that you need a licence if you have LINKS to other websites streaming video.

                                      Otherwise, almost every single website on the net needs a licence.
                                      "There he goes. One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die." -Hunter S. Thompson

                                        Comment

                                        • JamesK
                                          hi
                                          • Jun 2002
                                          • 16731
                                          #11
                                          tsai hung
                                          M3Server - NATS Hosting

                                            Comment

                                            • Ray@TastyDollars
                                              www.TastyDollars.com
                                              • May 2002
                                              • 6797
                                              #12
                                              From what I understand even if your servers are in the US they cant come after Canadians. They DO NOT have a Canadian Patent, therefore if your biz is in Canada they cant touch you.

                                              Am I correct? Could some please confirm this?

                                                Comment

                                                • JamesK
                                                  hi
                                                  • Jun 2002
                                                  • 16731
                                                  #13
                                                  hing yu hai
                                                  M3Server - NATS Hosting

                                                    Comment

                                                    • jact
                                                      Confirmed User
                                                      • Sep 2002
                                                      • 9134
                                                      #14
                                                      Originally posted by Ray
                                                      From what I understand even if your servers are in the US they cant come after Canadians. They DO NOT have a Canadian Patent, therefore if your biz is in Canada they cant touch you.

                                                      Am I correct? Could some please confirm this?
                                                      I've been trying to get this confirmed myself.
                                                      Free agent

                                                        Comment

                                                        • MichaelP
                                                          Registered User
                                                          • Aug 2003
                                                          • 7123
                                                          #15
                                                          Originally posted by the indigo


                                                          This is complete bullshit.

                                                          You should not have to pay for 3rd party plugins. They are not on your servers and you don't own them. You simply LINK to them from your member area.

                                                          I did not read anywhere in the Acadia documents that you need a licence if you have LINKS to other websites streaming video.

                                                          Otherwise, almost every single website on the net needs a licence.
                                                          I do agree 200% with you indigo, but here is what ACACIA site says

                                                          """QUOTE"""

                                                          Our Webmaster license covers audio/video content that is accessed via the Webmaster?s web site, regardless of where the content is hosted. The royalty is based upon subscription revenues from the Webmaster?s pay sites, and exit traffic revenue from the Webmaster?s free sites that contain audio/video content.

                                                          Our license for Affiliate Program operators covers audio/video content that is accessed via web sites that are part of the Affiliate Program. The royalty is based upon subscription revenues from the Affiliate Program web sites.

                                                          Our license for Age Verification Services covers audio/video content that is accessed via web sites that are part of the age verification network. The royalty is based upon subscription revenues.

                                                          """END QUOTE"""

                                                          So if you are sending traffic to a sponsor like PlatinumBuck (hello Dave & Albert) for exemple, you need to have a licence... this is ridiculous...

                                                            Comment

                                                            • FightThisPatent
                                                              Confirmed User
                                                              • Aug 2003
                                                              • 4090
                                                              #16
                                                              Originally posted by qwebecexpo
                                                              Well I received a letter form those guys today, they want me to buy a license prior NOVEMBER 30 or they will sue me...

                                                              Yes, it is aburd about Acacia and its tactics... i believe they are claiming that since you are profiting from the use of "unlicensed" patents by the content provider, you are a "contributory infringer" and under Patent and Civil Law, they can go after you.

                                                              I don't know about the jurisdiction issues of being in canada since i am not an attorney... but your situation is echoed many times by webmaster who have contacted me with the same issue.

                                                              i came up for air in this thread, from the 12clicks vs. Fight the Patent.

                                                              i have an answer on how to fight against patent abuse cases like Acacia, but since Fight the Patent Foundation is not a working entity, i can't help in the short term.. but if people believe in my vision and the direction, then maybe FTPF could jump into the Acacia issue.

                                                              More info at http://www.FightThePatent.com/go

                                                              I have opend myself to questions and criticisms at:
                                                              http://www.gofuckyourself.com/showth...hreadid=188695


                                                              Fight the Patent!

                                                              http://www.t3report.com                                                               (where's the traffic?) v5.0 is out! |
                                                              http://www.FightThePatent.com                                                               | ICQ 52741957

                                                                Comment

                                                                • Poo-Chee
                                                                  So Fucking Banned
                                                                  • Sep 2003
                                                                  • 3560
                                                                  #17
                                                                  Originally posted by Wildcard
                                                                  hing yu hai
                                                                  Same

                                                                    Comment

                                                                    • BuggyG
                                                                      Confirmed User
                                                                      • Oct 2002
                                                                      • 4179
                                                                      #18
                                                                      Originally posted by Wildcard
                                                                      hing yu hai

                                                                      hmmmmmm how about mo me yet or creme sum yun gui?


                                                                      no idea wtf is going on here. Well beides reading of the shit they trying to hit qwebecexpo with

                                                                        Comment

                                                                        • sweet7
                                                                          Confirmed User
                                                                          • May 2003
                                                                          • 1792
                                                                          #19
                                                                          http://www.gofuckyourself.com/showth...hreadid=188753
                                                                          ICQ: 282814268

                                                                            Comment

                                                                            • unconnected
                                                                              Confirmed User
                                                                              • Aug 2001
                                                                              • 1025
                                                                              #20
                                                                              tell em to go fuck themselves.. their bottom is falling out from under them and they dont' have a leg to stand on..
                                                                              Now if AT&T came to you with the same letter then yea, you might want to take it seriously.. but not these jokers..
                                                                              "Computer games don't affect kids; I mean if Pac-Man affected us as kids, we'd all be running around in darkened rooms, munching magic pills and listening to repetitive electronic music."
                                                                              Kristian Wilson, Nintendo, Inc, 1989

                                                                                Comment

                                                                                • tootie
                                                                                  Confirmed User
                                                                                  • Jun 2003
                                                                                  • 6041
                                                                                  #21
                                                                                  Now's a good time for me to say, "Donate ti IMPA and to FightThePatent." They're going to get all this bullshit taken care of soon. Can't donate? Visit http://www.fightthepatent.com and spend some time searching for prior art.

                                                                                  Acacia is why my paysite that I'm working on will NOT have video or even link to any video plugins until the patent is overturned. I won't pay one dime to extortionists.


                                                                                    Comment

                                                                                    • init
                                                                                      Confirmed User
                                                                                      • Oct 2002
                                                                                      • 973
                                                                                      #22
                                                                                      how the fuck do these people find your sites lol? do they just search google all damn day finding sites and buy memberships and go to their links?
                                                                                      icq: 2721653

                                                                                        Comment

                                                                                        • helis
                                                                                          Confirmed User
                                                                                          • Sep 2002
                                                                                          • 317
                                                                                          #23
                                                                                          Originally posted by qwebecexpo


                                                                                          I do agree 200% with you indigo, but here is what ACACIA site says

                                                                                          """QUOTE"""

                                                                                          Our Webmaster license covers audio/video content that is accessed via the Webmaster?s web site, regardless of where the content is hosted. The royalty is based upon subscription revenues from the Webmaster?s pay sites, and exit traffic revenue from the Webmaster?s free sites that contain audio/video content.

                                                                                          Our license for Affiliate Program operators covers audio/video content that is accessed via web sites that are part of the Affiliate Program. The royalty is based upon subscription revenues from the Affiliate Program web sites.

                                                                                          Our license for Age Verification Services covers audio/video content that is accessed via web sites that are part of the age verification network. The royalty is based upon subscription revenues.

                                                                                          """END QUOTE"""

                                                                                          So if you are sending traffic to a sponsor like PlatinumBuck (hello Dave & Albert) for exemple, you need to have a licence... this is ridiculous...
                                                                                          actually your wrong if you send traffic to ie platiumbucks you DONT need a licence...if tho you send traffic to your own paysite where the content inside is a video feed plugin or hosted on your server you will have to get a licence

                                                                                          the point is if you dont own the paysite you dont need a licence.......so sending traffic to sponcers with feeds is fine for you but not for them

                                                                                          thats how i understand it anyway

                                                                                          Mat

                                                                                          Fast, Reliable and Great Prices
                                                                                          http://www.xxxhostit.com
                                                                                          ICQ: 777427
                                                                                          MSN: [email protected]

                                                                                            Comment

                                                                                            • [Dan]
                                                                                              Confirmed User
                                                                                              • Oct 2001
                                                                                              • 143
                                                                                              #24
                                                                                              Just for fun.. Invoke the 101 law.. They'll have to rebuild their package in french; their website too since they are doing "business" in Quebec. It might cost them some $$$ and buy you some time...

                                                                                                Comment

                                                                                                • the indigo
                                                                                                  Confirmed User
                                                                                                  • Sep 2001
                                                                                                  • 2016
                                                                                                  #25
                                                                                                  Originally posted by [Dan]
                                                                                                  Just for fun.. Invoke the 101 law.. They'll have to rebuild their package in french; their website too since they are doing "business" in Quebec. It might cost them some $$$ and buy you some time...
                                                                                                  OMG that's a great idea.
                                                                                                  "There he goes. One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die." -Hunter S. Thompson

                                                                                                    Comment

                                                                                                    • the indigo
                                                                                                      Confirmed User
                                                                                                      • Sep 2001
                                                                                                      • 2016
                                                                                                      #26
                                                                                                      Originally posted by the indigo


                                                                                                      OMG that's a great idea.
                                                                                                      People leaving there don't understand or read english anyway.
                                                                                                      "There he goes. One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die." -Hunter S. Thompson

                                                                                                        Comment

                                                                                                        • doober
                                                                                                          Confirmed User
                                                                                                          • Jul 2003
                                                                                                          • 6984
                                                                                                          #27
                                                                                                          actually many people living here speak english dude....
                                                                                                          Most of the real quebecers only want to speak french, but the rest of us speak prolly 3-4 diff languages.

                                                                                                          The office de la langue francaise thing is a good idea tho..

                                                                                                            Comment

                                                                                                            • the indigo
                                                                                                              Confirmed User
                                                                                                              • Sep 2001
                                                                                                              • 2016
                                                                                                              #28
                                                                                                              Originally posted by doober
                                                                                                              actually many people living here speak english dude....
                                                                                                              Most of the real quebecers only want to speak french, but the rest of us speak prolly 3-4 diff languages.

                                                                                                              The office de la langue francaise thing is a good idea tho..
                                                                                                              I've been ironic.

                                                                                                              je suis de la place aussi mais shhhh don't tell anyone.
                                                                                                              "There he goes. One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die." -Hunter S. Thompson

                                                                                                                Comment

                                                                                                                • Ray@TastyDollars
                                                                                                                  www.TastyDollars.com
                                                                                                                  • May 2002
                                                                                                                  • 6797
                                                                                                                  #29
                                                                                                                  Originally posted by [Dan]
                                                                                                                  Just for fun.. Invoke the 101 law.. They'll have to rebuild their package in french; their website too since they are doing "business" in Quebec. It might cost them some $$$ and buy you some time...

                                                                                                                    Comment

                                                                                                                    • EZRhino
                                                                                                                      Confirmed User
                                                                                                                      • Jul 2003
                                                                                                                      • 6258
                                                                                                                      #30
                                                                                                                      Now they're fishing for people to sue

                                                                                                                        Comment

                                                                                                                        • doober
                                                                                                                          Confirmed User
                                                                                                                          • Jul 2003
                                                                                                                          • 6984
                                                                                                                          #31
                                                                                                                          Originally posted by the indigo


                                                                                                                          I've been ironic.

                                                                                                                          je suis de la place aussi mais shhhh don't tell anyone.
                                                                                                                          Youve been ironic?
                                                                                                                          you mean moronic...lol...jk


                                                                                                                          Salut!

                                                                                                                            Comment

                                                                                                                            • Rochard
                                                                                                                              Jägermeister Test Pilot
                                                                                                                              • Dec 2001
                                                                                                                              • 75767
                                                                                                                              #32
                                                                                                                              It seems Acacia has decided that it can go after people in Canada as well. While I don't believe Acacia has a legal leg to stand on, I see no reason why they can't go after people in Canada, Europe, or what not. Althought they are US patents, I'm sure they can go to court in Canada to defend them as well. I'm sure that the US and Canada have treaties in place to deal with such things.

                                                                                                                              And to an extent Acacia is right - You buy these feeds to make your customers happy; These feeds allow you to make a profit. In a round about way they are right. I doubt that would fly in court, but it's Acacia's legal right to try.

                                                                                                                              The entire logic of Acacia is...... You don't have the money to fight them in court, so you'll cave in.

                                                                                                                              I'm not an attorney, but I think a simple solution would be to remove those feeds from your site.
                                                                                                                              Herschel Savage
                                                                                                                              Brooklyn, NY

                                                                                                                                Comment

                                                                                                                                • Jimmer
                                                                                                                                  Confirmed User
                                                                                                                                  • Mar 2002
                                                                                                                                  • 878
                                                                                                                                  #33
                                                                                                                                  Tell them to take a trip. It is your friends hosting company, I don't think he will turn you off. Ask a lawyer a simple question, if someone has a patent in the US but not in Canada is it enforceable? Can they take you to court in Canada?
                                                                                                                                  A friend of mine from Toronto recieved his a lond time ago and his site is still up.
                                                                                                                                  50% off the first 2 months hosting. Email be for a quote [email protected] We can supply up to 8 TB transfer.

                                                                                                                                    Comment

                                                                                                                                    • garv
                                                                                                                                      Registered User
                                                                                                                                      • Jun 2002
                                                                                                                                      • 87
                                                                                                                                      #34
                                                                                                                                      """QUOTE"""

                                                                                                                                      Our Webmaster license covers audio/video content that is accessed via the Webmaster?s web site, regardless of where the content is hosted. The royalty is based upon subscription revenues from the Webmaster?s pay sites, and exit traffic revenue from the Webmaster?s free sites that contain audio/video content.

                                                                                                                                      Our license for Affiliate Program operators covers audio/video content that is accessed via web sites that are part of the Affiliate Program. The royalty is based upon subscription revenues from the Affiliate Program web sites.

                                                                                                                                      Our license for Age Verification Services covers audio/video content that is accessed via web sites that are part of the age verification network. The royalty is based upon subscription revenues.

                                                                                                                                      """END QUOTE"""

                                                                                                                                      So if you are sending traffic to a sponsor like PlatinumBuck (hello Dave & Albert) for exemple, you need to have a licence... this is ridiculous... [/B][/QUOTE]


                                                                                                                                      What if I decide to Pay Yahoo for a listing, that means they're making money off me and therefore linking to a site that has Video. But this is not an Affiliate program. It's all to open to have any legal standing.

                                                                                                                                      But every time we talk about things like that I bet their lawyers are watching seeing what they've missed.

                                                                                                                                      regards
                                                                                                                                      garv
                                                                                                                                      left the biz

                                                                                                                                        Comment

                                                                                                                                        • the indigo
                                                                                                                                          Confirmed User
                                                                                                                                          • Sep 2001
                                                                                                                                          • 2016
                                                                                                                                          #35
                                                                                                                                          Originally posted by RocHard
                                                                                                                                          I'm not an attorney, but I think a simple solution would be to remove those feeds from your site.
                                                                                                                                          How about that: The feeds are a FREE bonus to our members and are NOT included in the purshased product. There's no marketing on the tour pages about the feeds, people bought a membership because of XYZ content and the feeds are exclusively a FREE gift from (another website) that we link to.

                                                                                                                                          Now, how can they ask 2% of your GROSS if the feeds don't help you get any signups in the first place? These feeds are not included in the package the customer bought.

                                                                                                                                          I'm pretty sure that with a good lawyer you can fuck them completely in court with a case like that. It's a different story if you actually have downloadable videos or you produce your own feeds.

                                                                                                                                          Their patent is still bullshit.... and this isn't be the last one we will have to fight in the future.

                                                                                                                                          These guys should go in jail for public morality issues. And the people issuing those patents too.
                                                                                                                                          Last edited by the indigo; 10-22-2003, 03:50 PM.
                                                                                                                                          "There he goes. One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die." -Hunter S. Thompson

                                                                                                                                            Comment

                                                                                                                                            • Aussie Rebel
                                                                                                                                              Blow Me U Geeks
                                                                                                                                              • Aug 2001
                                                                                                                                              • 5108
                                                                                                                                              #36
                                                                                                                                              Originally posted by qwebecexpo

                                                                                                                                              What should I do with this letter???
                                                                                                                                              Wipe your ass with it and post it back to them

                                                                                                                                                Comment

                                                                                                                                                • MichaelP
                                                                                                                                                  Registered User
                                                                                                                                                  • Aug 2003
                                                                                                                                                  • 7123
                                                                                                                                                  #37
                                                                                                                                                  Originally posted by Aussie Rebel


                                                                                                                                                  Wipe your ass with it and post it back to them
                                                                                                                                                  Nice idea

                                                                                                                                                    Comment

                                                                                                                                                    • sexeducation
                                                                                                                                                      So Fucking Banned
                                                                                                                                                      • Jun 2003
                                                                                                                                                      • 7315
                                                                                                                                                      #38
                                                                                                                                                      thank you for sharing this with us (those concerned about Acacia) ...
                                                                                                                                                      please keep posting whether or not you have received your Acacia "toilet paper" or not ...
                                                                                                                                                      all pressure helps ...
                                                                                                                                                      imo

                                                                                                                                                        Comment

                                                                                                                                                        • Lee
                                                                                                                                                          Confirmed User
                                                                                                                                                          • Aug 2002
                                                                                                                                                          • 2977
                                                                                                                                                          #39
                                                                                                                                                          So if they say that because the sponsor I promote uses "their" technology I am liable. Thats a crock of shit as I have no control over what the sponsor chooses, similarly if I promoted say a Walmart affiliate program, I have zero influence on what is stocked in their stores.

                                                                                                                                                          The logic here is baffling but the most annoying thing is that after their patents are invalidated and their company goes tits up, those cocksuckers will all fuck off to some paradise island to lie low.

                                                                                                                                                            Comment

                                                                                                                                                            • WiredGuy
                                                                                                                                                              Pounding Googlebot
                                                                                                                                                              • Aug 2002
                                                                                                                                                              • 34517
                                                                                                                                                              #40
                                                                                                                                                              Welcome to the club
                                                                                                                                                              WG
                                                                                                                                                              I play with Google.

                                                                                                                                                                Comment

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