Who is actually fighting Acacia?

We are neck deep in the legal fight too, but I haven't publicized it much.

Does it matter?

Steve Lightspeed

Call me crazy here, but if I were you, I'd make a big deal about it. I'd prefer not to advertise those that gave in to acacia. the more people give in, the more power they have. if everyone has an incentive not to give in, it will ultimately lead to their doom.

How are things going in your fight?

microsoft / apple are not going to get into it until they are invited by acacia. Why put money into a battle when not asked too??

There are some that are trying to fight this battle on their own and behind closed doors fearing that anything said in an open forum could be used against them or damage their case. Also if they do settle out of court they arent going to tell us simply because it woud ruin their reputation.

I personally have talked to a couple of content providers who quietly are seeking out counsel on this - but without FTP's hard work.. we would be all up shits creek.

Everyone has to make their own decisions, and there may be non-obvious circumstances for them to choose to fight or not. I wouldn't support or boycott anyone solely based on their status with acacia.

That said, check out www.impai.org for the latest news.

I think a lot of us have, and yet there's really never much news there regarding what's going down. I understand that it's important that not much is broadcast, in a public forum, about strategies, etc. but still -- can't someone like FarL do periodic updates? Like: are there actual court dates set for the counter suit? And what sort of war chest has actually been composed, during the last year -- giving people an indication of where things are at on that front. I think a lot more info could be given without going into details that would be ultimately damaging. Yes?
And the prior art situation, how accurate is the info that was posted here yesterday re: the ATT discovery? Why isn't any of this on the impai site?

Yep, there is not much to say right now. We are working on an update and getting a newletter out.

I apologize for the delay. Even worse, I am sorry that there is not much to report as of late. I promise the infomation will start flowing shortly and I thank you all for your patience. I also thank Brandon and others that are contributing their time and energy to this and have helped discuss and weigh the issues involved.


Some of the companies fighting this, meaning actually engaged in a lawsuit disputing Acacia's claims include:

Video Secrets
Homegrown Video
Lightspeed
ARS
Top Bucks
Gamelink
Ademia
AEBN
Audio Communications

These are the companies that are the industry's "line in the sand". These are the companies that have stepped up on principle and made a business desicion for their respective companies that impacts our entire industry and every dollar spent in it.

I wear many hats in this.

As business owner, as IMPA member and officer, and as defendent in a lawsuit with Acacia. This sometimes complicates my life and ability to communicate effectively; however, don't mistake the lack of information at times with a lack of effort on our part. We all work on this daily as well as our regular jobs, like running companies. When I have any news then I will happy to share it as well. As of right now, there are no court dates yet. The date to set the schedule has been moved... again...

That crackling sound that you hear is the burn rate at Acacia while thay wait it out... but High Noon has to strike sometime and the showdown is a'coming.

Bumping so that people remember to support the companies that are fighting Acacia.

All of the companies on Far-L's list are in this for tens of thousands, if not hundreds of thousands of dollars.

Support those who are willing to fight!

I was wondering why you guys havn't been around

the 'big dogs' the ones 'you respect'

hahaha

actually yeah.

ill make sure to add more links and increase traffic knowing this.

i would assume others would too.;

seriously.

you have my support.

cheers steve.

Fight the powers that be

<img src=http://www.mtv-china.com/avzone/photo/video/75fight_the_power.jpg border="1">

It does make a difference, what fletch said is true

Hey Steve, I'm personally thankfull you guys are fighting them. I'm just a little guy not really making any real money, yet I found the letter in my mailbox yesterday... I've donated a $100 directly to Impai and another $100 indirectly..

I have a lightspeed account that I'm only sending a few 100 hits a day, it has a few sales this period.. I'd like to donate this and anymore sales in this account directly to Impai.. anyway I can do this?

btw is there any sort of news letter that you guys are sending out to update people on you're fight?

hit me up on ICQ and I'll give you my LS id if this can be done
203830

Told ya.

Swallow your pride and tell your affiliates what youre doin and we got your back.

keep us in the dark and we will question you.

no doubt LS affiliates will support you man.

cheers.

Hi Far-L,

I don't do video, but,

I'd like to send a hundred or two towards the fight. I'd prefer it go directly towards the first court case against this patent. I know it's not much, but it's what I can do. How can this be facilitated?

Is there a legal or strategic reason why those in the list above don't have a donation page? Or is IMPAI for that ?

[email protected]

1) Fight The Patent Foundation is only but an idea, since the Pledge Goal has not been reached. I am not involved as a defendant. There are 11 defendants who are waiting for their day in court. As i see further down in the posts..ya, people like LightSpeed are the ones that are fighting back.. they are the heroes here... people like me, the volunteers who are also searching for prior art, and IMPA.. we are all on the sidelines.... all trying to support the defendants to end this one battle in a war of patent abuse


2) They have not been served with a summons, and my guess they never will.. Why get tangled up with companies who can go the distance. In Acacia's 3Q conference call, they said they only have $1M set aside for patent litigation... sounds to me like they are expecting companies to just roll over... oh wait, they are, except for the 11 that fighting against this aburd patent.




Fight the Patent!

Far-L only listed 9, who are the other two?

Also, who is "Audio Communications"?

Keep on fighting!

these words make no sense.

i may be drunk but am no fool.

what kind of shit you slinging?

if you aint involved in the fight.

you nothing more than a spectator.

collecting money nigga?

Here's a summary of the way i see things:



Defense Fund:

IMPA has pulled together the current defendants to share a common pool of money to pay for attorney expenses. The buy-in is a few thousand a month. Since there are 11 defendants, each one gets a chance at bat. The money put in goes towards dealing with your individual correspondance with Acacia and the Defense Team, as well as money to fund the first people's whack at bat. Should the first batter strike out, there is a second batter, and so on. I feel that the Defense Team has a solid case against the patent claims. People like me and all the great volunteer searches are still looking, there is always a need for that gold nugget in the pile of rubble.

If you have been served with the last notice... you have the following choices:

1) do nothing (especially if they addressed you to a PO box, or some odd mailing address that clearly shows they didn't do their research.. not exactly the best answer, but just listing it here)

2) pay the license - you have until Nov. 30th.. plenty of time to see what happens in the next couple of weeks, time to save up money, etc.

3) invest a few thousand a month to the Defense Fund. If you make over 100K per year, your minimum license fee is $6,000 due up front, with additional percentages, etc. Pay a few thousand a month into the Defense Fund to get yourself covered by the Defense Team attornies as well as helping to fund the peope who are already ahead of you.

Contact: spike -at- homegrownvideo.com





IMPA:

IMPA is an association that is a watchdog for all kinds of issues that pertain to webmasters. Currently, IMPA is focused on patents, best practices (COPA, 2257), and the trademarking of the term "virtual sex".

IMPA has a membership fee (http://www.impai.org/join.html)..most would fit in at the $100/year. IMPA membership money goes towards hiring attornies and funding activities to spotlight and target issues that affect webmasters. You can donate as well at http://www.impai.org/fund.html




Fight The Patent Foundation ("FTPF"):

FTPF will be a non-profit (501c3) organization that focuses only on patents. It will operate like the ACLU, to provide companies faced with a patent abuse claim with defense attorneys, as well as expert witnesses and prior art. FTPF's charter is to use the 'pay it forward' concept to motiviate expert witnesses to come forward to provide testimony, critical to support the prior art finds. FTPF will also use a grassroots approach to finding prior art by opening up a system where people can submit prior art leads, and get rated on their finds to earn rewards.

FTPF is currently looking for 2,500 webmasters to pledge $100 each. No money is collected until the pledge total reaches over $250,000.

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

Acacia is just the first company to be wield patents to the adult industry. There are many more companies with audio/video patents, as well as other patents that will affect this industry. Patent holders with Acacia-like business plans could come from WITHIN the industry.

This is the new business model that some feel is a great way to make money, without ever making a product, without delivering a service, and without developing a company.

The big players have settled....proving that there is no community? I would disagree...and I hope that the rest of the webmasters who haven't settled can band together to show community.

If you have money and want to fight, i suggest investingin the Defense Fund so you can get yourself legal protection.

For others with not as deep pockets, join IMPA and pledge to FTPF. It's a small contribution, but one that becomes a bigger movement when your fellow webmasters join in as well.



Fight the Patent!

I believe the money required upfront to become one of the actual defendants is higher than "a few thousand", but this is probably something better discussed off the board.

for a second, i thought this was the lyrics to some rap.. .or maybe it is.....


since you quoted part of my reply and wrote these words, it seems you are saying something...so i'll try to decipher to give an answer.

1) you are intoxicated

2) not slandering or libelling anyone, so i'm definitely not slinging anything

3) i am involved in the fight, i have the phone bills to prove it as I have found 3 expert witnesses who are now willing to offer their testimony. In case you haven't stepped out into mainstream world, they don't particularly like the adult industry, and might otherwise turn the cheek if i wasn't insistant in getting their attention to be concerned about patent abuse. Even if i was a spectator, why are you calling the kettle black?

4) yo bro, I haven't collected one dime from anyone, actually burning my own money to do this patent fighting thang.




Fight the Patent!

from what i read above, unless you reach your pledge amount like jerry lee the kids dont get help.

intoxicated or not, a spade is a spade.

From what I have heard, the buy-in to the Defense Fund is 35K upfront...... there might be a payment plan option for people to invest a couple thousand each month in order to gain access to the Defense Team....kinda like defense lay-a-way plan.

If you are looking for this option, contact Far-L or Spike.


Fight the Patent!

maybe i misread your manifesto.

hahaha

chances are im rarely not.

he he.. but you did write "i may be drunk but am no fool."


maybe it was a rap song that you were quoting...





Fight the Patent!

all i see is a church.

an entity collecting money for the armageddon, preaching its cause along the way.

Trying to reach Chuck D... since he is a social activist.. to maybe record a blurb 'Fight the Patent' and i can sample his voice and run some loops.. .irony is, even if he did it...i couldn';t post it for people to hear.. it would be infringing upon Acacia's patent claims.

Got some angles to possibly reach Chuck D, and working on it,.


Fight the Patent!

Brutha Fletch,

You are not a sinner, you have not forsaken thy patent's name in vain...

What Acacia has claimed, you shall deny.

Walk to the light Brutha Fletch, reach out to those that will embrace you, to help you heal your wounds of patent infringement claims.

Can i get can amen for Fight the Patent Foundation?

I sez, Can i get can amen for Fight the Patent Foundation?





Fight the Patent!

jacob?

'As the Christian system of faith has made a revolution in theology, so also has it made a revolution in the state of learning. That which is now called learning, was not learning originally. Learning does not consist, as the schools now make it consist, in the knowledge of languages, but in the knowledge of things to which language gives names.'

My kudos to the information that is given in this thread about what is going on. No wonder you can log into some affiliate accounts and find no discussions at all since they are part of the thorn in Acacia's side. And I was completely losing faith that everyone was selling us out.

So is there a constructive suggestion here? Are you sitting back criticizing or offering up a solution?

Maybe you think he should collect on some pledges and hire and attorney or something?

What EXACTLY is it you want? What would "prove" to you that FTP is for real? Come up with solutions instead of criticism, it's more productive.

I would hardly equate the adult industry with Jerry?s kids.. but whatever.

It's not easy being involved in this and taking an active approach. When you question FTP's credibility you attack mine and I don't take kindly to people disregarding the hard work that's been put into searching for prior art, ... oh fuck.. I'm not going to list everything again this is ridiculous.

You Fletch represent EXACTLY what Acacia wants.. Congratulations!

and a cigar is a cigar....... sometimes





Fight the Patent!

words are human inventions




Fight the Patent!

polo?

Acacia wants webmasters to get high?

This thread is somewhat old and has been added to a bit, but it strikes me that the ONE AND ONLY BIT OF WORTHWHILE ADVICE IS LACKING.

When you get served by Acacia, it doesn't matter a twit about the defense group, choker, 12clicks, serge nor FightThePatent. Neither does it concern CECash, Larry Flynt Productions nor Matrix. HomeGrown, Lightspeed and ARS is not part of the picture either.

All those things are immaterial. This is between you and Acacia. And all you really need to know is that it is a complex legal issue that they have presented to you and YOU REQUIRE LEGAL COUNSEL TO MAKE AN INFORMED DECISION!

There is no substitute for obtaining a lawyer's advice FIRST and THEN consider the options available to follow it. Or, what the hell, make the decision to disregard it and do what your gut feeling is! But your attorney is the ONLY person who can explain the risks involved to your business and recommend the best course of action that YOU should take.

And, fair warning to those that keep talking about one course of action or another to this threat, if you're not qualifying your recommendations with the advice that a lawyer should be consulted first- before doing anything- you're running a very high risk of being sued for unfair business practices. Free speech is a great thing, but it does have strict rules when it comes to business matters. That is the main reason people tend to say "No comment" when asked about ongoing litigation.

Get a lawyer and listen to him first, folks. This is a complex civil action that you are facing and it is doubtful that you, as a webmaster, would know how to handle it. And keep in mind, whatever advice you get on these free message forums is worth every penny you paid for it.

And I think that is one of the most important points to consider in this ongoing situation. With everybody and their dog getting "the letter", how can a company of 23 people with 1 mil war chest successfully take literally 100's of people to court and expect to win.......UNLESS, like you pointed out, they do roll over and settle. I honestly am beginning to feel that while there is sting to their bite, that they do have a much more mean sounding bark than their bite.

Just reading the threads on this board, one gets the distinct impression (imho) that this is a monolithic giant that can't be stopped because look at all the people who settled. While I don't ask for anyone to spill any legal strategy, I do think it's getting to the point now that there is a real psychological war going on and the more we ENCOURAGE and give specifics on those standing up to acacia and hopefully one day WINNING a court battle, the more resolve I think will exist in the webmaster community.

So I do applaud ftp and others that are taking active organized action against "the beast". I encourage even more signs of visible opposition wherever possible by whoever possible.

Ya know, we have a multi billion dollar industry. Now, there are industries out there that take in a lot less than we do annually. Someone mentioned to me that the real enemy is not acacia, but the way the patent system itself works currently. He was correct.

Granted we need to fight acacia right now, but what about after that? There are a lot of other patent holders and patents about to be approved that will also affect us.

Instead of hoping this will not come to pass why do we not have funds for lobbyists to get some patent reform going?

Every industry out there has people in washington, many with less income than our own industry makes annually. Yet here we are sitting ducks for this kind of horseshit.

Whining about acacia and fighting acacia is not going to solve the real problem, just the current one. The next one that comes along is going to drain hundreds of thousands from our pockets the same as this one is doing. And there are hundreds lined up waiting. Some from within our own industry.

Just something to think about. Prior art and all that is great, but that wont beat the real enemy, the patent process itself.

OH yeah! The more doped up we are.. the easier to control.. or so they thought

Instead of speculating - go into action. Here are some things you can do to get answers. If you ever have to goto court you'll have a record of what certain entities have said to you.

A) Send an email to your billing companies and Sponsors with these questions:

1) In the terms of our contract are you allowed to give my personal information to a third party?
2) Have you given my personal information to a third party in any way, ever?
3) If you have given my personal information to a third party why? Who did you give it to?
4) If you have given my personal information to a third party I request contact information for the third party.

* Make sure they answer these questions point by point. If you ever goto court you'll have written documentation of what these entities told you regarding your personal information with them.

B) Research what happened with Holio. There case was DISMISSED.. which means that it's possible Acacia dropped it. Why would Acacia do that? Does Holio have a case pending against Acacia in a California court? What are the claims being made in that case? Is Acacia being sued by Holio for breaking a deal? I don't believe Holio has signed a license with Acacia so what deal has been broken, if any?

C) After you start getting results from the different processors and sponsors... post the results on here.

Remember.. this doesn't all come down to one person or company. There are a few involved and we need answers and doing what I detail above will help us all start getting some answers.

I am not one to brag until now but I will be donating money to the cause after a "small" little Lotto winning. Not going to say how much but Im ready for the fight now. I was emotionally ready BUT now I am "money" ready. I await my day in court. Keep it up my fellow porn fuckers, heads are gonna roll. We will prevail

**** Global Disclaimer ****


For those that didn't know it, you should consult your lawyer about the best course of action for your business.

None of the postings on any of these threads by me or others constitute a legal opinion because we are JD-challenged (meaning we don't have a legal degree and not an attorney). Our posts express our opinions and could be based on facts, hearsay, gossip, observations, premonitions, hindsight, delusions, or insanity.

If people do exactly what people say in posts, then go jump off a bridge.... this will allow natural selection to remove the idiots.

For those still alive and still reading, this disclaimer has been provided for all posts on the Acacia subject. The disclaimer is effective retroactivey for all prior posts, all future posts, and any posts in a previous lifetimes.

***********************************************





Fight the Patent!

Reading all the threads is a good idea FIRST. Get informed yourself, your attorney won't know what all this patent stuff is about. If you are still confused, post your question in a new thread i just created called FTP's Acacia FAQ (http://www.gofuckyourself.com/showth...hreadid=190214) or feel free to email me: brandon at FightThePatent.com

Secondly, talk to your attorney. Understand that he is NOT a patent attorney, and he should focus more on the ramifications of your decision for the following choices:

1) do nothing
2) settle
3) fight it

Don't let him steer you down the path that "well if it is a patent, it must be valid" or "if Hustler signed, it must be valid".

Hustler's representative Ken has posted many times that Hustler's decision to license is based on their business decisions and does not validate or prove the validity of the patent (thanks again Ken for coming out with those posts).

If you don't make that much money then based on your situation, your options are #1 and #2.

If you want to try and fight against the patent claims, make sure you have these following requirements:

- 10k-35k set aside

Then contact: spike at homegrownvideo.com


Fight the Patent!

Here's where you're going to get into trouble, Brandon. Your list of three choices is incomplete and doesn't begin to cover the options available.

For instance, one could choose to sue Acacia in a Declatory Judgement Action. Or, one could make the decision to stand and fight them alone. Or, one might decide their best course of action would be within the PTO itself with an Application for Reeximination. Leaving out those options, as well as others that are available, is suspect, especially when you use that incomplete list to suggest actions to take, which you're doing at the end of that post.

And, no, a blanket statement somewhere else doesn't count for the fact that you're failing to tell everyone that they MUST seek their own legal counsel in these matters. Lacking a lawyer's advice that is based upon one's own business position is not the way to handle any legal process.

It's one thing to discuss the possible ways of handling this, it's another to give legal advice without a license to do so. It one thing to promote a way to fight a common enemy, it's another to broach unfair business practices when doing so.

I know the cause is important to you, Brandon, but don't get your shirttails caught in the machine.