Acacia's 'patent' is against U.S law? - GoFuckYourself.com

Simey · 07-29-2003, 07:01 AM

Im not clever with law - so your views eagerly awaited...

http://www4.law.cornell.edu/uscode/35/102.html

Quote:

Sec. 102. - Conditions for patentability; novelty and loss of right to patent

A person shall be entitled to a patent unless -
(a)

the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent

Doesnt that apply here?

Tipsy · 07-29-2003, 07:05 AM

Quote:

Originally posted by Simey
Im not clever with law - so your views eagerly awaited...

http://www4.law.cornell.edu/uscode/35/102.html

Doesnt that apply here?

Now go prove it to a court without spending a million bucks

LeeNoga · 07-29-2003, 07:05 AM

Where the real info counts is in the court room, and I am confident the defenses raised will change patent law.

I don't think the "win" is gonna be this easy based on a statute.

SpeakEasy · 07-29-2003, 07:05 AM

I don't think that is the end to the whole deal, but it sure can't hurt....good find.

media · 07-29-2003, 07:06 AM

(f)

he did not himself invent the subject matter sought to be patented, or

Media

Greg B · 07-29-2003, 07:12 AM

Quote:

Originally posted by Simey
Im not clever with law - so your views eagerly awaited...

http://www4.law.cornell.edu/uscode/35/102.html

Doesnt that apply here?

Good find Simey! There's lots more in the law books but I've got too many crusades goin' and ACACIA isn't in my sights.

From the little I understand about ACACIA didn't they 'acquire' that technology/patent NOT invent it themselves?

So the questions arise, from WHOM did they acquire it. HOW did they acquire it? Was it a direct buyout? Creditor acquisition ( famous inventions often are the victim of 'creditor' acquisitions as for some strange reason an inventor can't get money to build something so he goes into debt, into bankruptcy and gets bought out by the same companies that told him there was no money for his invention ).

There's a loophole somewhere.

Simey · 07-29-2003, 07:13 AM

Of course you right when you say 'go proove it without spending millions' but if the fancy lawyers allready fighting it proove it, isnt that enough? Wont loosing so many cases either damage their financial ability to fight the cases or better still put them out of business?

Also:

Quote:

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title

They didnt - they just stole an idea.

Surely the law must count in the courts decision or am i being young and naive??

Tipsy · 07-29-2003, 07:14 AM

I have to ask - what's with all the

and 'good find' stuff that appears in these threads? If the lawyers representing homegrown et al don't already know all this very basic stuff then they are in the shit anyway. I can understand how very obscure prior art stuff may be of use but not most of the stuff posted that people seem to think is the best thing since sliced bread - it should be common knowledge to anyone lawyer involved in this case (not aimed at the guy who started the thread)

Tipsy · 07-29-2003, 07:17 AM

Quote:

Originally posted by Simey
Of course you right when you say 'go proove it without spending millions' but if the fancy lawyers allready fighting it proove it, isnt that enough? Wont loosing so many cases either damage their financial ability to fight the cases or better still put them out of business?

If/when they prove it sure. Once they (Acacia) lose the first case they would have even less sense than they have now to continue to pursue it. However you still gotta spend a shit load of money proving it first time around even if the facts 'seem' pretty simple.

Simey · 07-29-2003, 07:19 AM

Very true..

I think their looking like chancers just hoping people wont fight them.

Sharpie · 07-29-2003, 07:21 AM

For good information - go to the DMoney site and run the last show & then tune in today for the Acacia side of the story.

What you think makes sense, isn't always the way a court see things. Sometimes Justice is blind :-) It all comes down to the facts presented to the court, and how they view them against case law.

They have still not had to explain explicitly how their patent affects the streaming technology we are using today. Until that phase - no one knows at this stage exactly what the details are, and how that might affect a 'prior art defense.

gothweb · 07-29-2003, 07:40 AM

You're talking about a prior art defense. I imagine it is one of the possibilities being looked at by the lawyers in the serious defenses against Acacia.

media · 07-29-2003, 08:08 AM

Satelite image of mt pinatubo erupting

http://rsd.gsfc.nasa.gov/rsd/images/Pinatubo.html

Satelites broadcasting images and video back to earth.. this image was taken from the geos satelite (image taken 15 June 1991 at 7:30 am local time)

I would think something like this has been going on for a long time.. How did we get video recoreded in the space shuttles broadcasted live as it happened? It was done with satelites, digital or radio signals.. Analog and digital are not too too far off..

Ask someone at nasa exactly how the technology worked.. Or look it up in puplic records.. Something.. Anything..

Media

funkmaster · 07-29-2003, 08:09 AM

taken from their SEC fillings:

Acacia Technologies group's digital media transmission patent portfolio expires in 2011 in the U.S. and in 2012 in international markets.

Simey · 07-29-2003, 08:11 AM

Heres a thaught: For those of us not earning huge amounts of money, surely all we have to do is to refuse to sign. Let them sue. It costs such a huge amount to defend ourselves. Either we win and dont have to pay or we loose and go under. Either way Acacia cant get their 5%. Proceding with litigation seems a bit pointless and they must know that.

Zoe · 07-29-2003, 08:12 AM

Quote:

Originally posted by media
(f)

he did not himself invent the subject matter sought to be patented, or

Media

My thoughts are with this line. Data compression and transmission was invented long before they applied for the patent.

BigFish · 07-29-2003, 08:15 AM

Some more reading:

http://lpf.ai.mit.edu/Patents/testim...testimony.html

http://www.wired.com/wired/archive/2...ic=&topic_set=

Internet Media Protective Association should team up with League for Programming Freedom (LPF) since they're both in it for the same fight: http://lpf.ai.mit.edu/

Far-L · 07-29-2003, 09:51 AM

Our representation is regarded as one of the best patent firms in the world.

Greg B, those are some excellent questions and I hope you will ask those in D$'s show today.

http://www.impai.org

07-29-2003, 07:06 AM	#5
media Confirmed Moneymaker Industry Role: Join Date: Apr 2002 Location: Eugene, OR It's Like Jail, Only with Trees! Posts: 9,852	(f) he did not himself invent the subject matter sought to be patented, or Media __________________ I'm here for the violence!

07-29-2003, 07:14 AM	#8
Tipsy Confirmed User Join Date: Jul 2001 Location: See sig Posts: 6,989	I have to ask - what's with all the and 'good find' stuff that appears in these threads? If the lawyers representing homegrown et al don't already know all this very basic stuff then they are in the shit anyway. I can understand how very obscure prior art stuff may be of use but not most of the stuff posted that people seem to think is the best thing since sliced bread - it should be common knowledge to anyone lawyer involved in this case (not aimed at the guy who started the thread) __________________ Ignorance is never bliss.

07-29-2003, 07:19 AM	#10
Simey Registered User Join Date: Jul 2003 Posts: 30	Very true.. I think their looking like chancers just hoping people wont fight them. __________________ <a href="http://www.topshelfdollars.com" target="newwindow"><img src="http://www.topshelfdollars.com/images/tsdbutton.gif" border="0"></a><p> Also known as 'Kermey' on other boards

07-29-2003, 07:40 AM	#12
gothweb Confirmed User Join Date: Jun 2002 Location: Back in the USSA Posts: 8,849	You're talking about a prior art defense. I imagine it is one of the possibilities being looked at by the lawyers in the serious defenses against Acacia. __________________ Photos by Ian X.: Distinctive photos of goth babes. Blood Money:Your traffic, my sites, our money. MojoHost: Still the best.

07-29-2003, 08:08 AM	#13
media Confirmed Moneymaker Industry Role: Join Date: Apr 2002 Location: Eugene, OR It's Like Jail, Only with Trees! Posts: 9,852	Satelite image of mt pinatubo erupting http://rsd.gsfc.nasa.gov/rsd/images/Pinatubo.html Satelites broadcasting images and video back to earth.. this image was taken from the geos satelite (image taken 15 June 1991 at 7:30 am local time) I would think something like this has been going on for a long time.. How did we get video recoreded in the space shuttles broadcasted live as it happened? It was done with satelites, digital or radio signals.. Analog and digital are not too too far off.. Ask someone at nasa exactly how the technology worked.. Or look it up in puplic records.. Something.. Anything.. Media __________________ I'm here for the violence!

07-29-2003, 07:05 AM	#3
LeeNoga Confirmed User Join Date: Jul 2001 Location: Egg & Sperm Mutation Posts: 3,043	Where the real info counts is in the court room, and I am confident the defenses raised will change patent law. I don't think the "win" is gonna be this easy based on a statute.

07-29-2003, 07:05 AM	#4
SpeakEasy Confirmed User Join Date: Sep 2002 Location: The Internet Posts: 2,681	I don't think that is the end to the whole deal, but it sure can't hurt....good find.

07-29-2003, 07:21 AM	#11
Sharpie Confirmed User Join Date: Mar 2002 Posts: 438	For good information - go to the DMoney site and run the last show & then tune in today for the Acacia side of the story. What you think makes sense, isn't always the way a court see things. Sometimes Justice is blind :-) It all comes down to the facts presented to the court, and how they view them against case law. They have still not had to explain explicitly how their patent affects the streaming technology we are using today. Until that phase - no one knows at this stage exactly what the details are, and how that might affect a 'prior art defense.

07-29-2003, 08:09 AM	#14
funkmaster So Fucking Banned Join Date: Sep 2001 Location: shell beach Posts: 7,938	taken from their SEC fillings: Acacia Technologies group's digital media transmission patent portfolio expires in 2011 in the U.S. and in 2012 in international markets.

07-29-2003, 08:11 AM	#15
Simey Registered User Join Date: Jul 2003 Posts: 30	Heres a thaught: For those of us not earning huge amounts of money, surely all we have to do is to refuse to sign. Let them sue. It costs such a huge amount to defend ourselves. Either we win and dont have to pay or we loose and go under. Either way Acacia cant get their 5%. Proceding with litigation seems a bit pointless and they must know that. __________________ <a href="http://www.topshelfdollars.com" target="newwindow"><img src="http://www.topshelfdollars.com/images/tsdbutton.gif" border="0"></a><p> Also known as 'Kermey' on other boards

07-29-2003, 08:15 AM	#17
BigFish Confirmed User Join Date: Jan 2003 Location: United States of America Posts: 1,159	Some more reading: http://lpf.ai.mit.edu/Patents/testim...testimony.html http://www.wired.com/wired/archive/2...ic=&topic_set= Internet Media Protective Association should team up with League for Programming Freedom (LPF) since they're both in it for the same fight: http://lpf.ai.mit.edu/

07-29-2003, 09:51 AM	#18
Far-L Confirmed User Industry Role: Join Date: Feb 2002 Location: Seattle Posts: 6,065	Our representation is regarded as one of the best patent firms in the world. Greg B, those are some excellent questions and I hope you will ask those in D$'s show today. http://www.impai.org __________________ HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982. Contact - Email: farrell AT homegrownvideo D com Skype: hgfarl Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."