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Acacia has filed patents in other countries as well, so it's not just a US-specific attack. |
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Any downloading of video from a web server is infringement on their supposed patent. This is not limited to streaming video. Sounds ridiculous? It is, but that's what they have INTERPRETED. The patent does not specifically say the downloading or streaming of audio/video from a web server, they have broadly extended their patent to this area and will get the test of their BELIEF in court. Helping to find prior art is the way to help (other than giving money). Feel free to email prior art leads to me (in addition to IMPA), as I can help to weed through what i think might be good leads. Posting prior art leads to this message board is not a good idea. Please read my article on Prior Art and Helping out on my website for more info. FightThePatent.com is an independent website started by me, funded by me, with nothing to gain in this except trying to do what is right. |
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Acacia is not just targeting the adult industry. I have one record of them sending their "licensing package" to East Michigan University for the infringement of their patents in distance learning. |
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I believe their approach, is that if you are making $$$ from the service of downloading/streaming audio/video, then you need to pay licenses. so they put the double whammy on, by targeting you and the host that does the actual streaming. |
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i agree with you, you would think the big boys (ie MS, Real, etc) would jump in, since they have even more to lose.... if i pretend to be one of the big boys attorneys, i'd probably advise them to sit back, watch what happens, let those porn website fight it out, and once the smoke clears, we'll see where thing stand. So IMPA and the companies that are fighting the patent claims are doing a great service to ALL websites that have audio/video, not limited to just Adult Industry. So all those articles that you may read where the headlines read about "porn industry being sued for patent violations" must totally be ignorant... Downloading a video clip from an adult site is exactly the same as downloading a video clip from CNN. Everyone should be spooked about this, but not enough people understand the ramifications. So spread the word, point people to my website to help bring awareness. |
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You won't need to find prior art involving streaming video, just prior art of DOWNLOADING of audio/video from a server that has a player component on the PC that would play it. It's a very general summary, but one that should help focus people's search. |
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One idea: since they want to base their fee on gross profits, form a little corporation that will host the clips for you and simply make sure it doesn't make a profit. That's what a good accountant is for. Of course, maybe that won't work. That's what a good attorney is for. :1orglaugh |
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What about wishing that some BIG money corporations in the Adult Industry who have the bucks and are in the leadership position to fight the patent abuse claims? I'm sorry, some are licensing Acacia's patents. Next wish... So who's fighting them? Companies like Home Grown Video and several others who are paying mucho $$$ to attorneys to defend theirs and EVERYONE's right to use audio or video files. Fight The Patent! |
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I have heard that Acacia's licensing is 2% of GROSS or $1,500/year, whichever is greater. So you could form a shell of a company, and still have to pay some money...then, their attornies would see that it was a shell and follow the money trail. Fight The Patent! |
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