Acacia - Class action or 'to each their own' - GoFuckYourself.com

MikeEP · 07-24-2003, 06:43 PM

Sorry for another Acacia thread, but i'm a little unclear about a few things. I got my packet like everyone else and forwarded it my legal team regardless.

My question is; What is the industry doing as a whole about this? Is there going to be a class action suit to where a few legal firms will handle the majority of the adult companies that got served? Or is this simply, "to each their own?"

I know IMPA was set up to fight them. But how? As an organization representing a class action? If so, doesn't the companies the got served somehow need to register with this class action through IMPA's legal firm?

We're already taken steps and researching for our own well being, and as well, forwarding found information to Spike. But it's this process that i'm still not to clear on.

Is everyone waiting to see what happens when IMPA fights them cause they're fighting them first? Has a court date been set?

My apologies if all this has been addressed already.

KRL · 07-24-2003, 06:49 PM

Swim fast.

nuclei · 07-24-2003, 06:49 PM

He who fights first will determine the outcome of most of the cases. If Acacia loses and his patents are invalidated, the rest of us have no need to worry about needing to fight as he will have already lost the entire ball of wax in one precedent.

Juicy D. Links · 07-24-2003, 06:50 PM

Quote:

Originally posted by KRL

Swim fast.

AcidMax · 07-24-2003, 06:51 PM

I have read that IMPA is going to allow you to signup soon, but I dont know what the "signup" process consists of. I know they are accepting donations for legal fee's but I would be interested in knowing if these same attorneys are going to handle all the legal fees in a class action type scenario.

Also I have heard two dates. One being the 28th of July for a court date and the other being August 4th.

eroswebmaster · 07-24-2003, 06:52 PM

Quote:

Originally posted by KRL

Swim fast.

At first glance I thought to myself..."he could have found a better pic of a shark than that." LOL

And then I noticed the Law Office sign...classic

MikeEP · 07-24-2003, 06:57 PM

Quote:

Originally posted by AcidMax
Also I have heard two dates. One being the 28th of July for a court date and the other being August 4th.

Hmm..any idea what city the court case will be held?

Brujah · 07-24-2003, 09:22 PM

A Big Class Action .. Fuck 'em up.
http://www.bigclassaction.com/index.html

andi_germany · 07-25-2003, 02:19 AM

What do you want to sue them for?

1. They own a patent. - Undisputable
2. They tell you you are infringing - Thats their right due to 1.
3. You think you are not infringing - Thats your right
4. You tell them that you are not infringing due to the --insert here-- reasons.
5. They either accept those reasons or they don't. In the case they don't they will sue you in court.
6. In court you have the opportunity to argue your case. For now noone has done that yet. They got default judgements agaist a couple of porn companies that mean exactly nothing for further cases due to the fact that the defendants simply didn't show up.

Now where do you think they are doing someing you can sue them for? They have the patent and they enforce it. Nothing wrong with that in general.

I see several problems with their patents however it is not my job to determine what is right or wrong here.

Talk to your lawyer and ask him for advice what to do next.

Mr.Fiction · 07-25-2003, 02:25 AM

Quote:

Originally posted by andi_germany

Now where do you think they are doing someing you can sue them for? They have the patent and they enforce it. Nothing wrong with that in general.

If you think that claiming you have a valid patent gives you the right to do whatever you want, you are very wrong.

There are many laws that cover how laywers have to act, what contracts are legal, what threats are legal, what claims are legal, and what strategies for enforcement of a patent or trademark are legal.

Contract law alone is a massive industry. Trying to bully people into signing unfair contracts alone could be grounds for action.

You need to talk to a lawyer if you think that it's anything goes once you claim you have a patent.

andi_germany · 07-25-2003, 02:44 AM

Quote:

Originally posted by Mr.Fiction

If you think that claiming you have a valid patent gives you the right to do whatever you want, you are very wrong.

There are many laws that cover how laywers have to act, what contracts are legal, what threats are legal, what claims are legal, and what strategies for enforcement of a patent or trademark are legal.

Contract law alone is a massive industry. Trying to bully people into signing unfair contracts alone could be grounds for action.

You need to talk to a lawyer if you think that it's anything goes once you claim you have a patent.

They ask for money to licence their patent or they sue you. That's absolutely in their allowed actions. However if you can ever prove that they know that they have a fishy patent and asking the small people without proper legal consultation they probably will have to face serious charges besides the fact that they are bankrupt right away. They are not making money at all. Earnings of US$6000 for the first quarter indicates how many people are paying ;)

I don't think it is smart to pay them a dime because this patent gets invalidated I think and you will loose your money but that is a decision you make entirely for yourself.

Ok I am the lucky guy who always focused on pictures rather than movies. Therefore I never got any notice of them. So this is my opinion based entirely on my view and not on any experiences I have with dealing with them.

Mr.Fiction · 07-25-2003, 02:51 AM

Quote:

Originally posted by andi_germany

So this is my opinion based entirely on my view and not on any experiences I have with dealing with them.

On GFY, it's just all of our opinions. For now Acacia hasn't found a way to stop us from speaking our opinions, although they seem to want to try.

07-24-2003, 06:43 PM	#1
MikeEP Confirmed User Join Date: Jan 2002 Location: Southern California Posts: 464	Acacia - Class action or 'to each their own' Sorry for another Acacia thread, but i'm a little unclear about a few things. I got my packet like everyone else and forwarded it my legal team regardless. My question is; What is the industry doing as a whole about this? Is there going to be a class action suit to where a few legal firms will handle the majority of the adult companies that got served? Or is this simply, "to each their own?" I know IMPA was set up to fight them. But how? As an organization representing a class action? If so, doesn't the companies the got served somehow need to register with this class action through IMPA's legal firm? We're already taken steps and researching for our own well being, and as well, forwarding found information to Spike. But it's this process that i'm still not to clear on. Is everyone waiting to see what happens when IMPA fights them cause they're fighting them first? Has a court date been set? My apologies if all this has been addressed already.

07-24-2003, 06:49 PM	#2
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Swim fast. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

07-24-2003, 06:49 PM	#3
nuclei old school fart Industry Role: Join Date: May 2001 Location: Florida Posts: 1,015	He who fights first will determine the outcome of most of the cases. If Acacia loses and his patents are invalidated, the rest of us have no need to worry about needing to fight as he will have already lost the entire ball of wax in one precedent. __________________ The next generation of SEO

07-24-2003, 06:51 PM	#5
AcidMax Confirmed User Join Date: May 2002 Location: MI Posts: 1,827	I have read that IMPA is going to allow you to signup soon, but I dont know what the "signup" process consists of. I know they are accepting donations for legal fee's but I would be interested in knowing if these same attorneys are going to handle all the legal fees in a class action type scenario. Also I have heard two dates. One being the 28th of July for a court date and the other being August 4th. __________________ Latest MMA news. http://www.mmawrapup.com

07-24-2003, 09:22 PM	#8
Brujah Beer Money Baron Industry Role: Join Date: Jan 2001 Location: brujah / gmail Posts: 22,157	A Big Class Action .. Fuck 'em up. http://www.bigclassaction.com/index.html __________________ Free Premium Domain Lists and Tools at Clickmojo.com For Sale: Obscenity.com

07-25-2003, 02:19 AM	#9
andi_germany Confirmed User Join Date: Oct 2002 Location: Germany Posts: 768	What do you want to sue them for? 1. They own a patent. - Undisputable 2. They tell you you are infringing - Thats their right due to 1. 3. You think you are not infringing - Thats your right 4. You tell them that you are not infringing due to the --insert here-- reasons. 5. They either accept those reasons or they don't. In the case they don't they will sue you in court. 6. In court you have the opportunity to argue your case. For now noone has done that yet. They got default judgements agaist a couple of porn companies that mean exactly nothing for further cases due to the fact that the defendants simply didn't show up. Now where do you think they are doing someing you can sue them for? They have the patent and they enforce it. Nothing wrong with that in general. I see several problems with their patents however it is not my job to determine what is right or wrong here. Talk to your lawyer and ask him for advice what to do next. __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.