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The sky is falling. -
Originally posted by DarkJedi
The sky is falling.
If the class action gets approved, then get your umbrella out.. because it will be a downpour.
Fight the Rain Drops Keep Falling on my Head!
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wow interesting. well see what happensComment
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I will be watching the stock price and volume on the 7thComment
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and to think they have the law on their side makes you wonder.....
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...interesting...
One of the four elements to certify a class is that the class representatives appointed by the court could fairly represent the interests of all class members. The adult internet business has so many diversified revenue generating avenues, it would be intereresting who Acacia feels does it all, or close to it all that it would be fair to say they would be looking out for the interests of everyone else.
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now that is just fucked upComment
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What if the business is run from outside the US/Canada/EU etc (countries not listed on the Acacia's site)?Nothing here...Comment
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I don't know but they don't have chances in EuropeComment
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Now, they have officially tried to put a patent on porn by filing for a class action lawsuit against all adult entertainment websites that require a 2257 statement
Thats going get thrown out...
Too many different people and too many different sites for it to ever happen.
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What's up with these guys? What can we do to make them go away?
Besides pay them that is...
Bush can no more fire Rove than Charlie McCarthy could fire Edgar Bergen.Comment
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Originally posted by scoreman
One of the four elements to certify a class is that the class representatives appointed by the court could fairly represent the interests of all class members.
You are correct sir, and the way Acacia is trying to define the class, is all those sites that carry a 2257 page for their video content.
The problem, as Spike pointed out, is that there are many ways to do your video (encoding, transmission, etc), that it's hard to just lump a bunch of websites together.
This is clearly their move to put the patent on porn.
If the judge approves the class action, then it will be interesting to see how each affected webste will react to it.... continuing to ignore everything, or join the defense group (ie. putting in $$$).
Fight the Patent Tax!
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http://www.FightThePatent.com | ICQ 52741957Comment
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the simple solution is just to have porn sites with only stills on them and link to feed providers if you wanna give your member base videos
their patent only covers audio or video not stills ;)the hun gets revenue from pre-paid gallery placements on the top 15 spaces and banners.
the rest of thegalleries are free placements.Comment
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This is totally stupid,
Al-Queda should pay their offices a visit
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Well.. One thing about it being a class action suit.. If they lose, all sites in question win.. and they can't go after sites individually to try it again..Comment
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I think the one good thing would happen if the class action happened is webmasters would have to open their check books instead of waiting for someone else to handle it and really band together for the first time or collectively be fucked.Comment
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Originally posted by Global Dialers
their patent only covers audio or video not stills ;)
Actually, they also claim that images, exe files, etc is covered by the patent, but they decided not to come out with the image part.
These Acacia guys really have a great imagination, but one that takes an expensive sit-down to wake them up back into reality.
If the judge does approve the class action, then like what tony404 said, it will be a good thing that all webmasters will need to put in some $$$ to continue the legal bills.
Fight the Blue Pill!
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It would be a bad thing if the class certification is granted. Acacia would first be able to present a case against the PORN INDUSTRY as a whole (not a great thing, especially if the jury hates porn), future litigation would be barred from bringing claims of prior art, and Acacia could bring all their weight to bear on one case, spending millions and millions. They could basically outspend the class representatives. No we need this issue to be litigated one case at a time with new evidence an issue for every trial.Comment
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Originally posted by scoreman
....we need this issue to be litigated one case at a time with new evidence an issue for every trial.
Problem is that the judge has rolled up the current 11 defendants together in a class.... It would be great if each one was separate and could take turns at bat.. but the judge has lumped them together and if one falls, then they all will fall.
Fight the Baseball Analogies!
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http://www.FightThePatent.com | ICQ 52741957Comment
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Originally posted by SleazeQueen
What's up with these guys? What can we do to make them go away?
Besides pay them that is...
Please Read All Of My Posts In A Sarcastic Tone So You Get The Full Effect!!
HappyPeekers - AprilComment
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It seems Acacia wants to force the adult industry to buy them out.Make Levees, Not WarComment
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I can't say it won't ever happen, because stranger things have.
But any judge worth his pay will throw that out as a BS claim. They can't claim that every website with a 2257 statement is violating their patents. It's uber BS and they know it, they a reaching really far on this one.
Could easily back fire if some picture only sites decide to counter sue them for black mail. They can't sue companies or individuals because they are following the law and providing a 2257 statement.
That's my personal GFY lawyer talking on retainer, but I agree with him.
Fight the assholes in suits
In November, you can vote for America's next president or its first dictator.Comment
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No way they can win this, they bit off more than they can chew...Insert Sig HereComment
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I can see why the judge rolled these 11 cases together, but I was referring to what would happen if the class was certified. If the class gets certified and Acacia then prevails, everyone is screwed. Future cases would only be able to assert rather crappy affirmative defenses and could not get to the heart of the matter, the validity of the patent, because that issue was already decided. Even if you had prior art that you discovered that was not brought up in the class action, well your screwed. Tough shit, get out the checkbook because the new court will never look at that new prior art.
How the court can not see this as anything but an attempt to bring emphasis on the adult aspect of the content to the jury is beyond me. If they were not seeking to inflame the jury with the fact this would be Acacia vs PORN, then why not make this a class for all distributors of video? Adding in a Real or a Microsoft to this and we would see a real test of the validity of the patent as well as a true class for all infringers of the patent that are doing the same thing: pushing compressed data across the net.Comment
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There are MANY sites that only have pics on their site, so clearly putting them in the same "class" won't work...Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000
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If a class action suit were to be allowed, the industry would be forced to sue Microsoft and Real for protection since it is their technology we use. That may not be a bad thing.Originally posted by scoreman
I can see why the judge rolled these 11 cases together, but I was referring to what would happen if the class was certified. If the class gets certified and Acacia then prevails, everyone is screwed. Future cases would only be able to assert rather crappy affirmative defenses and could not get to the heart of the matter, the validity of the patent, because that issue was already decided. Even if you had prior art that you discovered that was not brought up in the class action, well your screwed. Tough shit, get out the checkbook because the new court will never look at that new prior art.
How the court can not see this as anything but an attempt to bring emphasis on the adult aspect of the content to the jury is beyond me. If they were not seeking to inflame the jury with the fact this would be Acacia vs PORN, then why not make this a class for all distributors of video? Adding in a Real or a Microsoft to this and we would see a real test of the validity of the patent as well as a true class for all infringers of the patent that are doing the same thing: pushing compressed data across the net.Make Levees, Not WarComment
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Microsoft products do not cause you to illegally stream video any more than KaZa causes you to steal MP3's. A person has to make it happen.Originally posted by Giorgio_Xo
If a class action suit were to be allowed, the industry would be forced to sue Microsoft and Real for protection since it is their technology we use. That may not be a bad thing.Comment
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Agreed but currently the EU isn't really clear on this one, Germany for one voted against such things but in i.e. the netherlands one of the political figures thought it was a good idea........Originally posted by dimitar
I don't know but they don't have chances in EuropeFIND A SPONSOR HERE
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Here we go again...Comment
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thats lame that shit beatter not get approvedComment
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Vultures... bump.Comment
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I have to disagree with you , if microsofts technology violates their patent and microsoft is giving this technology away that they dont have licenses for its their problem. Like the guy who sued ford for violating his delayed wiper patent, he went after Ford who build the cars with his technology not hertz who rented them out.Originally posted by Pleasurepays
Microsoft products do not cause you to illegally stream video any more than KaZa causes you to steal MP3's. A person has to make it happen.Comment
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If they are able to get the class done, how will this effect the government in their attempts to nail people with the obscenity?? Will is make that class action as well???
Or will it make it easier for them?? You know King Bush wants us all dead, as we are the worst infestation to walk the planet!!!PornGuy skype me pornguy_epic
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Where have all you guys been in these conversations on this issue?Originally posted by tony404
I have to disagree with you , if microsofts technology violates their patent and microsoft is giving this technology away that they dont have licenses for its their problem. Like the guy who sued ford for violating his delayed wiper patent, he went after Ford who build the cars with his technology not hertz who rented them out.
BTW - He went after Ford because Ford violated the patent by producing and selling something that was patented. Hertz did not. You need to go to analogy school.
And so you know... it is probably very concievable that Hertz could be found liable for contributing to patent infringement.Last edited by Pleasurepays; 06-07-2004, 03:56 PM.Comment
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Originally posted by tony404
I have to disagree with you , if microsofts technology violates their patent and microsoft is giving this technology away that they dont have licenses for its their problem.
Enabling technologies from Real, Microsoft, and Apple are not direct infringers.
The patent RELIES on third-party technology to complete the puzzle.
It's when CONTENT + TECHNOLOGY are put together that the infringement occurs.
But, check out www.windowsmedia.com there are video clips (CONTENT) that uses Media Server (TECHNOLOGY). This is the way that Microsoft is directly infringing.
Buried in MS EULA is text that resolves them of any liability to the end user of the technology in the area of patent infringements.
The big three are watching and they know they are direct infringers, because all of them use video with their own technology on their websites.
Everyone is waiting for the Markman Hearing conclusions... at that point, companies will know how to work around the remaining claims, or big companies will (hopefully) step in to assist the current defendants squash this thing.
Fight the Waiting!
http://www.t3report.com (where's the traffic?) v5.0 is out! |
http://www.FightThePatent.com | ICQ 52741957Comment
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How can they legally segregate adult from non-adult? It's business, and if businesses are violating something, then it is all businesses, not simply dependant on what 'sector' they are in.
How can this be allowed??
Cheers,
MattWhat name is pr0 / Untouched Markets using these days? Untouched Markets - pr0 - Refund My Money Now
Someone owes me $2,000 because they didn't do any work that was paid for *pointing at pr0 / William / UntouchedMarkets*
See http://www.gfy.com/showthread.php?p=16744521 and for more detailed see http://www.gfy.com/showthread.php?t=948645Comment
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These Fucking people at Acacia, the are like cockroches, you just cant get reid of them.
Fuck you Aciacia
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Would't they have to prove the wipers were used? if they're not used then Hertz isnt "using" the technology and no patent is being violated by hertzOriginally posted by Pleasurepays
And so you know... it is probably very concievable that Hertz could be found liable for contributing to patent infringement.Comment
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I just went through the opposition documents and I can't see how a judge wouldn't see that they are right. Just hope the judge or friends don't own any shares of Acacia..
Cheers,
MattWhat name is pr0 / Untouched Markets using these days? Untouched Markets - pr0 - Refund My Money Now
Someone owes me $2,000 because they didn't do any work that was paid for *pointing at pr0 / William / UntouchedMarkets*
See http://www.gfy.com/showthread.php?p=16744521 and for more detailed see http://www.gfy.com/showthread.php?t=948645Comment
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Hehe, yes, likely they would have to prove that.. so if they wanted they could do calculations of ow many cars are rented by Hertz, and how many of those days it was raining in the areas rented out.. etc.. otherwise every car driver would be driving dangeously.Originally posted by notjoe
Would't they have to prove the wipers were used? if they're not used then Hertz isnt "using" the technology and no patent is being violated by hertz
Cheers,
MattWhat name is pr0 / Untouched Markets using these days? Untouched Markets - pr0 - Refund My Money Now
Someone owes me $2,000 because they didn't do any work that was paid for *pointing at pr0 / William / UntouchedMarkets*
See http://www.gfy.com/showthread.php?p=16744521 and for more detailed see http://www.gfy.com/showthread.php?t=948645Comment
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Good well I hope they fuck up Playboy
fucking hahahahas
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Microsoft's technology violates Acacia's supposed patent. Remember the issue isn't content, but method. A client program that allows for streaming or tranmission of video or audio over the internet violates Acacia's claim.Originally posted by Pleasurepays
Microsoft products do not cause you to illegally stream video any more than KaZa causes you to steal MP3's. A person has to make it happen.Make Levees, Not WarComment
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What a bunch of scumbags
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I don't see this realistically happening myself., but of course stranger things have happened.Comment
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This Aciacia crap is a disgusting mess. IF they genuinely had some "patent" that was "real", I'd be pleased to play ball and not attempt to defraud anyone out of their "rights".
What some judge decides in the US has little bearing on the rest of the world. The comments above about operating from another country "may" not actually stand up, since copyright laws/treaties have been ratified by a fair number of countries now, tho there still are plenty who don't acknowledge them and more who give just a "face" acknowledgement, but little else.
It is odd that the copyright people in several EU countries have never heard of any "patent" re Acacia's "rights" and, until they are actually lodged - just don't exist.
I smell this is just another greedy corporation attempting some theft under the disguise of being "legal" :-) Anything can be "legal" - that's the weakness of some justice systems that forget the word "justice". Anyway... I don't give a shit since there was some foresight in planning for something like this (tho no idea what angle it would come from!) and international copyright agreements are not recognised in the country from which we operate.
For the sake of all webmasters in the US, Canada and at least some of Europe. it's better to call Osama to have a quiet persuasive word with Robert Berman at Acacia and explain the meaning of life
XXX TLD's - Another mosquito to swat.Comment
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Cock roaches you do not ignore, you pay to get rid of them. So another guy who needs to go to annalogy school.Originally posted by SlickRick
These Fucking people at Acacia, the are like cockroches, you just cant get reid of them.
Fuck you Aciacia
Largely the industry ignored Acacia and they grew on the money from affiliates. Now they are bigger and stronger, all helped by affiliates.
The traffic still flows to licensees, people still sport their banners, take their advertising money, send them traffic, buy their content. Every dollar you give to a licensee made Acacia stronger.
And stop preying for Microsoft to save you, Acacia can sue who they want to sue, I think hell will freeze over before they take on MS.Comment
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those pricks, fuck emComment
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Doesnt bother me, I just sell signups. No video or audio on my sites.
Sounds like bullshit anyway.Comment
[Acacia] Class Action Lawsuit against all adult sites
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