IMPA and ACACIA FAQ - GoFuckYourself.com

Far-L · 07-30-2003, 04:59 PM

We are working hard to get the IMPA site up and if there are any questions that people would like to see answered in our FAQs then please ask them in this thread and we will be sure to address them.

We thank you for your patience while we get this put together. I know many are concerned and would like more information. We have to make sure that we post accurate and helpful information to the community so we have a great deal of work to make sure we are doing things right.

http://www.impai.org

lagwagon · 07-30-2003, 05:10 PM

have you eaten anymore tie fighter sandwiches like the one at the bbq?

really though, i am looking foward to donating and helping out as i am sure that a lot of people really should. do you have estimates on the costs that you are going to accrue for this?

TDF · 07-30-2003, 05:13 PM

we are voicing with our wallets!
************************************************** **
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receive a complimentary FatMixes CD by joining via the
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Sign up using the link below and for every sale you generate
$2.50 will be donated to the IMPA.
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m0rph3us · 07-30-2003, 05:14 PM

What are the effects of the patents on Canadians and how is Acacia planning to enforce their patents in Canada?

sexeducation · 07-30-2003, 05:37 PM

That interview with Acacia and D$ of Xbiz can you please post a link to where to get it on the IMPAI.org site?

fiveyes · 07-30-2003, 05:45 PM

How, specifically, does the way we present video on the internet infringe on the Acacia patent claims (apparently an answer was given by Mr. Berman at the start of the D-Money Show but I wasn't able to receive it nor is it available in the archive)?

What discussions/behavior on public forums could possibly jeaprodize the IMPA's chances in court and should be avoided (ie. specifics about prior art findings, boycott organizing, etc.)?

For those of us not directly involved in IMPA but who wish to contribute other resources besides money (or may simply be unable to contribute to any cause other than the landlord at the moment!), is there a means to donate time, labor and skills?

Does IMPA welcome independent (possible) prior art submissions?

Gutterboy · 07-30-2003, 05:48 PM

An FAQ is a great idea

gothweb · 07-30-2003, 05:51 PM

If we get a warning, and remove videos, are we covered, or will they go after us for past use?

gothweb · 07-30-2003, 05:54 PM

What's the breakdown on the $19,000 they made this quarter? I'd love to know who paid them. Imagine how much better this would look if they still had $0 revenue.

Va2k · 07-30-2003, 06:03 PM

Show us the proof hehe as stated on the D show yesterday by that nitwit
TOM

jimmyf · 07-30-2003, 06:09 PM

Quote:

Originally posted by gothweb
What's the breakdown on the $19,000 they made this quarter? I'd love to know who paid them. Imagine how much better this would look if they still had $0 revenue.

what would be even better is if they get audited and the SEC finds a mini Enron.

Anyone know someone with the SEC

sexeducation · 07-30-2003, 06:49 PM

What is ACACIA doing with regards to the many Universities which are currently transmitting compressed video?

oldnewbie · 07-30-2003, 07:25 PM

Is Acacia going after webmasters who merely link to other people's sites who have video, such as a paid plug-in, but have no video hosted on their own site? If so, how are they justifying this, since no actual streaming occurs from the webmaster's site?

Honeyslut · 07-30-2003, 07:30 PM

How can they ask for a percentage of my total earnings when the majority of the cost to operate my paysites is the PICTURE content that I buy ?

BV · 07-30-2003, 07:37 PM

Quote:

Originally posted by oldnewbie
Is Acacia going after webmasters who merely link to other people's sites who have video, such as a paid plug-in, but have no video hosted on their own site? If so, how are they justifying this, since no actual streaming occurs from the webmaster's site?

he said plugin companies dont need to pay (unless they have video samples available for download on their site then they will need a different type of license)

he said the person buying the plugin will be paying with a webmaster license.

Far-L · 07-30-2003, 07:56 PM

Here are some quick responses representing my opinions in response to the questions in the thread. These are my opinions.

* Anyone doing business in the US is responsible to obey the laws of the US regardless of whether you are in Canada or "Offshore".

* Yes Acacia has served Online University Programs.

* In my opinion the patents are invalid.

* In my opinion, the claim construction is unclear; hence I am unsure if Acacia will go after you for stuff that you took down.

* In my opinion, I encourage everyone to be very professional.

* In my opinion, The SEC and FTC are free to investigate Acacia if they consider it necessary, but my focus is on the patent invalidation.

* In my opinion, the IMPA is a struggling new organization and will certainly appreciate and accept help with many different issues.

* In my opinion, when the site goes up it will have a treasure trove of links on the issues we are committed to.

* Prior should not be sent to the IMPA. Prior Art can be sent to [email protected]

* In my opinion, Patent litigation is costly and it is possible expenses could be from 2.5 to 5 million dollars and up.

venus · 07-30-2003, 08:12 PM

We meet with a registered patent attorney tomorrow at 1pm, the only question we have for him is if it applies to us or anyone we purchase content from.
I told him about ACACIA saying that they had 34 mil in the bank and it would be best for people to sign and not litigate, he said he dont give a damn how much money they have, if the patent does not apply then it dont apply and 34 mil has nothing to do with it. There isnt anything they can do if it does not apply. period.

so will let you all know what he says.

venus · 07-30-2003, 08:16 PM

ya we dont understand this one, if we buy content from someone, we assume its licensed by the provider and free of litigation on our part. Its pretty screwy to purchase something from someone and then someone else tells you buy the way, you can buy it from them, but you have to buy a second right to use it from us. this isnt right anyway you look at it.
in my opinion.
the provider is suppose to have all licenses prior to be able to lease/sell it so I dont know how ACACIA can try to make someone pay twice for the same thing.

Quote:

Originally posted by BV

he said plugin companies dont need to pay (unless they have video samples available for download on their site then they will need a different type of license)

he said the person buying the plugin will be paying with a webmaster license.

Groove · 07-30-2003, 08:26 PM

An FAQ would be a great help

Here's some questions:

What countries is the patent registered in?

How confident are you that the patent is invalid and why (details please)?

Are there any examples of similar patents being invalidated?

How long is the court case likely to run?

When does the patent expire?

What are the likely consequences of not signing Acacia's contract?

What legal assistance if any can IMPA offer webmasters being sued by Acacia?

Is it true that Acacia may be able to garnish payments from a processor or bank if an offshore company refuses to pay?

Sausage · 07-30-2003, 08:36 PM

I would appreciate an IMPA response to the claims and points made yesterday that IMPA was misleading webmasters etc. Berman made quite a number of points that undermined IMPA. Would be great to see those points answered.

goBigtime · 07-30-2003, 08:55 PM

Yeah, in my opinion, Berman made it sound like the IMPA was getting worked over by F&R (The law firm representing the defense group)...

BUT the thing to remember here is this will be a HIGH PROFILE case to some degree.

You think F&R would want to fight something that they knew was a losing situation just so they could suck up a million in their clients finances?

I don't think they would have taken the case if they didn't think they had something.

Far-L · 07-30-2003, 09:04 PM

Give me a day or two on those latest questions... I am just about out the door to head to Florida...

One thing I will say...

In my opinion, Berman turned around completely on demands made in their initial claims. Therefore he can easily characterize me as providing misleading information.

In my opinion, the length he went to characterize us as unprofessional and uninformed demonstrates his lack of merit and substance.

In my opinion, character attacks and frivolous additional lawsuits only further point to his lack of faith in the patents.

I will get to those other questions asap.

FiReC · 07-30-2003, 09:06 PM

Quote:

Originally posted by lagwagon
have you eaten anymore tie fighter sandwiches like the one at the bbq?

really though, i am looking foward to donating and helping out as i am sure that a lot of people really should. do you have estimates on the costs that you are going to accrue for this?

being a star wars geek i can't help but ask what the hell is a tie fighter sandwich?

Groove · 07-31-2003, 02:16 AM

This one deserves a bump

rogerbo · 07-31-2003, 03:00 AM

O.k. here is a link to the Foundation for a Free Information Infrastructure which does Fight the Software Patenting in Europe in General.
You may find some helpfull info for the fight against Acacia
http://www.ffii.org/

You'll find also the link to the European version of the claimed Patent
http://swpat.ffii.org/pikta/txt/ep/0566/662/

Johny Traffic · 07-31-2003, 03:04 AM

I have a question for you on a personal matter, how is this fight going to personally effect you and your business?

It seems to me that you might suffer, when the big boys in the end will benefit, isnt there a way we can drag them into the fight?

<IMX> · 07-31-2003, 04:20 AM

When you win, how much are you going to hold Berman personally liable for ;)

sexeducation · 07-31-2003, 05:39 AM

Quote:

Originally posted by Sausage
I would appreciate an IMPA response to the claims and points made yesterday that IMPA was misleading webmasters etc. Berman made quite a number of points that undermined IMPA. Would be great to see those points answered.

double that ...
How about a transcript of the D$ interview?

bump

sexeducation · 07-31-2003, 01:54 PM

Quote:

Originally posted by Groove
This one deserves a bump

Okay ... there website has not changed for weeks.
Plural ...

They just don't have time. Or it could be to "risky" for them legally?

Let's start a contest ...for the best logo ...?

My FAQ question is - will people having corporate boardroom meetings - virtually - all have to negotiate with Acacia?

I'm confused. : (

bump

joshuawk · 07-31-2003, 03:16 PM

First off.

I need some DMT. Far-l can yhou hook me up?

IS everyone in this industry getting personally signed letters
from Acacia or just bigger sites?

I got another one last week from someone saying I could have a private meeting with them at Internext.

I don't even run any paysites.

Does this mean I'm on a small list or are they sending thousands upon thousands of these letters out?

I threw the first one away.

buzzard · 08-01-2003, 12:04 PM

looking over the DMT patent it appears all acacia has done is to take a series of Processes and group them together as a Technology. This is not much different than getting a patent on a certain route to drive your car to the store. A very weak patent it would be.
am i wrong?
or maybe i should start patenting keystrokes and hotkeys.
Damn good idea....You all owe me 2 CENTS everytime you use the ENTER key when you post a reply to this board.
As soon as i get the patent that is.

sexeducation · 08-01-2003, 03:47 PM

I went to see if the IMPAI.org site was down ...
I'm in Calgary - is it down for anyone else?
or is Shaws DNS screwing up again?

posh rat in hell · 08-01-2003, 03:57 PM

Acacia sucks

Que? · 08-01-2003, 04:13 PM

I have patented crapping.

Now prepare to squeeze yur butt real hard or I will sue your...

yeah, yeah i got the flashy pakage as well

Nathan · 08-01-2003, 04:34 PM

hey,

it seems to me the main problem here is that a lot of people do not understand how patents work.

The point of a patent is to get something for yourself that you had the idea for first. If you register an idea of a process like they did before such a process was ever done by someone else you have a patent. Even if someone else had the same idea, you are the person that registered it first, so you got it.

Now, having the idea gives you one simple right: You can do whatever the heck you want with it and deny ANYONE using your idea to use it. Or you can ask them to pay money to use it. Of course no silly amounts I guess, but still, you can basically deceide HOW you want to make money of it. Logically Acacia chose to make money from the best point possible, the webmaster. Because they are the ones making the most money. Why get a Content provider to license a process for streaming video just because they HAVE video for sale. They are not streaming it, they do not have to pay. Also, why ask them to pay money when ACACIA perfectly knows that webmasters buy their stuff and make a profit from it, logically it makes more sense to ask money from the webmaster then.

As far as I understand there are basically two ways to protect against such Patents. You have to find either Prior Art or convince the courts that the Patent is too broad and is therefor not really a unique idea that should be patentable.

Prior Art simply put would be anything that was used or done before the patent was issued or filed that fits a patent claim. That prior art would invalidate the claim. This basically means, if we can prove that before 1992 there was someone out there that had a video on a FTP server and let people download it then ACACIA can not make you pay for doing that. I am not sure if it would also invalidate their claim on letting people download stuff from a web server, but I'm quite sure it would.
So probably it would remove any of their rights to ask people that offer Videos for download in any form, be it via the Web or via FTP or usenet or email, for licensing fees. So in my oppinion this should be no problem to remove from their patents.

The HARDER thing to find will be STREAMING video. It is not going to be easy to find prior art that streamed video from one place to another through the internet before 1992. But then again, a lot of universities out there, so it could very well be found.

But there is stuff from around 1980 that MIGHT be even possible to invalidate the streaming part, but I have to investigate that some more.

This all of course is just my oppinion and I am no lawyer and am not giving any advice.

Mr.Fiction · 08-01-2003, 04:40 PM

Quote:

Originally posted by Nathan

But there is stuff from around 1980 that MIGHT be even possible to invalidate the streaming part, but I have to investigate that some more.

Glad you're working on it! Make sure to contact Homegrown directly when you find something. Don't post it here or Acacia will see it.

People need to keep researching this and see what can be found prior to the patent filing.

SykkBoy · 08-01-2003, 05:07 PM

Quote:

Originally posted by Mr.Fiction

Glad you're working on it! Make sure to contact Homegrown directly when you find something. Don't post it here or Acacia will see it.

People need to keep researching this and see what can be found prior to the patent filing.

I've already sent Spike a few things and am busy looking for more...

Ice · 08-01-2003, 06:07 PM

FUCK acacia

fiveyes · 08-01-2003, 06:27 PM

Quote:

Originally posted by rogerbo
O.k. here is a link to the Foundation for a Free Information Infrastructure which does Fight the Software Patenting in Europe in General.
You may find some helpfull info for the fight against Acacia
http://www.ffii.org/

You'll find also the link to the European version of the claimed Patent
http://swpat.ffii.org/pikta/txt/ep/0566/662/

Very interesting site, thanks for sharing it!

Scootermuze · 08-01-2003, 07:12 PM

Quote:

Originally posted by Nathan
.......

The point of a patent is to get something for yourself that you had the idea for first. If you register an idea of a process like they did before such a process was ever done by someone else you have a patent.

........

That's part of the whole fiasco....

It wasn't their idea... They simply bought the business that held the patent, and this was done for no other reason than to make money off of it.

fantasyman · 08-01-2003, 07:14 PM

Look at http://avnonline.com

BradShaw · 08-01-2003, 07:20 PM

Ron, so now you are suing Acacia for not living up to confidentiality agreement? The cynic in me thinks this all could be orchestrated. Damage control.

fantasyman · 08-01-2003, 07:24 PM

Quote:

Originally posted by BradShaw
Ron, so now you are suing Acacia for not living up to confidentiality agreement? The cynic in me thinks this all could be orchestrated. Damage control.

Brad I'm not suing anyone. I don't own TradeNews Corp and have never signed a license.

boobmaster · 08-01-2003, 07:34 PM

Quote:

Originally posted by Far-L

* Yes Acacia has served Online University Programs.

Now THAT is a total fucking JOKE! Most companies which develop software recognize the importance of education and will usually offer licenses to educational institutions at drastically lower rates. A lot of times it's free for universities.

I'd be interested in knowing how much Acacia is asking from Universities. Most of them are subsidized by the states.

Can these fuckers be any more GREEDY?

Every thime I open an Acacia thread my blood pressure goes through the roof!

ckm · 08-01-2003, 07:42 PM

Since Que? already patented crapping, I'll patent explosive diarrhea... I'll be fair and not come after you for patent infringement only if you spray that shit at acacia...

But seriously, I think it's stupid they are going after people even if they are offering video compressed in zip files. Zipped files are not video. It can't be played in any kind of player until it is extracted from the zip. Maybe I should offer videos compressed in a zip and then turn it into a self-extracting executable. What are they going to do now? Come after me for offering .exe files?

BradShaw · 08-01-2003, 07:45 PM

Ron I understand you no longer own, but you appear to still run the show from an outsiders perspective.

Zoe · 08-01-2003, 07:58 PM

Quote:

Originally posted by m0rph3us
What are the effects of the patents on Canadians and how is Acacia planning to enforce their patents in Canada?

They are attemping to sue Canadian companies.......which is basically a scare tactic.......

Cuz they "have no patent here".

sexeducation · 08-02-2003, 04:46 PM

Do you need a lawyer to post links to both sides of the issue?
I don't see any changes to the site yet.
IMPAI.org

venus · 08-03-2003, 12:29 AM

Actually, it dont have to be only the internet.
I dont know when they were first used, but video phones have been around a long time. they transmit video through a phone line, as per the patent claim of Acacia

Quote:

Originally posted by Nathan
hey,

The HARDER thing to find will be STREAMING video. It is not going to be easy to find prior art that streamed video from one place to another through the internet before 1992. But then again, a lot of universities out there, so it could very well be found.

fiveyes · 08-16-2003, 12:37 PM

Here's a question that came to mind just now:

<B>Is IMPA merely a front for some group opposing the Acacia patent(s)?</B>

The reason I ask this is that there seems to be a (rarely challanged) belief that this is so. The title of this thread even subtly implies it. However, looking at http://www.avn.com/articles/11795.html, I encounter this warning paragraph (emphasis added):

"DMT isn't the only technology by which Acacia has stepped toward what its critics call "profit by litigation." The company also acquired the V-Chip technology when it bought out SoundView Technologies. Almost immediately, Acacia launched similar patent-infringement claims involving the V-Chip, according to the Orange County Register. Those claims led to more than a dozen television manufacturers paying the one-time licensing fee, filling Acacia?s coffers with some $24.1 million in 2001 revenues, the Register said - a whopping jump from $100,000 in revenue the year before. Other television manufacturers went to court - and Acacia lost. The Register said in December that <I>the company is working an antitrust case claiming the winning manufacturers "colluded" to duck V-Chip licensing fees.</I>"

In other words, this pack of lawyers called Acacia has a bad habit of going after those that have successfully won the first round. I certainly wouldn't want to see the good people involved in this fight set themselves up for a needlessly protracted battle...

07-30-2003, 04:59 PM	#1
Far-L Confirmed User Industry Role: Join Date: Feb 2002 Location: Seattle Posts: 6,065	IMPA and ACACIA FAQ We are working hard to get the IMPA site up and if there are any questions that people would like to see answered in our FAQs then please ask them in this thread and we will be sure to address them. We thank you for your patience while we get this put together. I know many are concerned and would like more information. We have to make sure that we post accurate and helpful information to the community so we have a great deal of work to make sure we are doing things right. 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."

07-30-2003, 05:10 PM	#2
lagwagon Confirmed User Join Date: Jul 2001 Location: az Posts: 8,464	have you eaten anymore tie fighter sandwiches like the one at the bbq? really though, i am looking foward to donating and helping out as i am sure that a lot of people really should. do you have estimates on the costs that you are going to accrue for this? __________________ FTVGirls - FTVMilfs - DanielleFTV

07-30-2003, 05:13 PM	#3
TDF Triple OG nigga on GFY Industry Role: Join Date: Mar 2002 Location: in the BP4L family compound Posts: 27,296	we are voicing with our wallets! ************************************************ Take advantage of the most popular music genre and help a worthy cause. Give away free Hip-Hop Mix CD's and earn $25 per join! To get this new program off the ground... Who wants to look at goose eggs (zeros). Your new MixBucks account will automatically be credited 20 bucks! Also... When you join before 08/08/2003 you'll automatically receive a complimentary FatMixes CD by joining via the IMPA link below! (If Hip-Hop isn't your flavor use it as a coaster). Sign up using the link below and for every sale you generate $2.50 will be donated to the IMPA. http://www.mixbucks.com/index.php?ref=IMPA Best Regards, SixNine MixBucks.com SoulCash.com +1 (800) 833-3818 If anybody wants to work side deals (Opt Ins, Exits, etc.) give me a shout 27263279. __________________ Sig heil

07-30-2003, 05:45 PM	#6
fiveyes Confirmed User Join Date: Aug 2001 Location: New Orleans Posts: 1,680	How, specifically, does the way we present video on the internet infringe on the Acacia patent claims (apparently an answer was given by Mr. Berman at the start of the D-Money Show but I wasn't able to receive it nor is it available in the archive)? What discussions/behavior on public forums could possibly jeaprodize the IMPA's chances in court and should be avoided (ie. specifics about prior art findings, boycott organizing, etc.)? For those of us not directly involved in IMPA but who wish to contribute other resources besides money (or may simply be unable to contribute to any cause other than the landlord at the moment!), is there a means to donate time, labor and skills? Does IMPA welcome independent (possible) prior art submissions? __________________ <CENTER><A HREF="http://www.hot-off-bourbon.com/" target="_blank"><IMG SRC="http://www.hot-off-bourbon.com/images/hob-logosmall.jpg" border="0"></A> <FONT face="Comic Sans MS" SIZE="-1"><I>Mardi Gras, Spring Break, Wet-T, Night Club Action, UpSkirt, Oil Wrestling, Voyeur</I></FONT></CENTER>

07-30-2003, 05:51 PM	#8
gothweb Confirmed User Join Date: Jun 2002 Location: Back in the USSA Posts: 8,849	If we get a warning, and remove videos, are we covered, or will they go after us for past use? __________________ Photos by Ian X.: Distinctive photos of goth babes. Blood Money:Your traffic, my sites, our money. MojoHost: Still the best.

07-30-2003, 05:14 PM	#4
m0rph3us Confirmed User Join Date: Mar 2001 Location: Principality of Sealand Posts: 2,033	What are the effects of the patents on Canadians and how is Acacia planning to enforce their patents in Canada?

07-30-2003, 05:37 PM	#5
sexeducation So Fucking Banned Join Date: Jun 2003 Location: Calgary - Alberta - Canada Posts: 7,315	That interview with Acacia and D$ of Xbiz can you please post a link to where to get it on the IMPAI.org site?

07-30-2003, 05:48 PM	#7
Gutterboy So Fucking Banned Join Date: Jul 2002 Location: Dis Posts: 4,751	An FAQ is a great idea

07-30-2003, 05:54 PM	#9
gothweb Confirmed User Join Date: Jun 2002 Location: Back in the USSA Posts: 8,849	What's the breakdown on the $19,000 they made this quarter? I'd love to know who paid them. Imagine how much better this would look if they still had $0 revenue. __________________ Photos by Ian X.: Distinctive photos of goth babes. Blood Money:Your traffic, my sites, our money. MojoHost: Still the best.

07-30-2003, 06:03 PM	#10
Va2k I’m still alive barley. Industry Role: Join Date: Oct 2001 Location: Va Posts: 10,060	Show us the proof hehe as stated on the D show yesterday by that nitwit TOM __________________

07-30-2003, 06:49 PM	#12
sexeducation So Fucking Banned Join Date: Jun 2003 Location: Calgary - Alberta - Canada Posts: 7,315	What is ACACIA doing with regards to the many Universities which are currently transmitting compressed video?

07-30-2003, 07:25 PM	#13
oldnewbie Confirmed User Join Date: Jul 2003 Location: The End Times Posts: 394	Is Acacia going after webmasters who merely link to other people's sites who have video, such as a paid plug-in, but have no video hosted on their own site? If so, how are they justifying this, since no actual streaming occurs from the webmaster's site?

07-30-2003, 07:30 PM	#14
Honeyslut Confirmed User Industry Role: Join Date: Jan 2001 Location: Ass Valley, Ca Posts: 6,436	How can they ask for a percentage of my total earnings when the majority of the cost to operate my paysites is the PICTURE content that I buy ? __________________ http://nakedlunchnews.comWhat's up ? Naked Lunch News !

07-30-2003, 07:56 PM	#16
Far-L Confirmed User Industry Role: Join Date: Feb 2002 Location: Seattle Posts: 6,065	Here are some quick responses representing my opinions in response to the questions in the thread. These are my opinions. * Anyone doing business in the US is responsible to obey the laws of the US regardless of whether you are in Canada or "Offshore". * Yes Acacia has served Online University Programs. * In my opinion the patents are invalid. * In my opinion, the claim construction is unclear; hence I am unsure if Acacia will go after you for stuff that you took down. * In my opinion, I encourage everyone to be very professional. * In my opinion, The SEC and FTC are free to investigate Acacia if they consider it necessary, but my focus is on the patent invalidation. * In my opinion, the IMPA is a struggling new organization and will certainly appreciate and accept help with many different issues. * In my opinion, when the site goes up it will have a treasure trove of links on the issues we are committed to. * Prior should not be sent to the IMPA. Prior Art can be sent to [email protected] * In my opinion, Patent litigation is costly and it is possible expenses could be from 2.5 to 5 million dollars and up. __________________ 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."

07-30-2003, 08:12 PM	#17
venus Confirmed User Industry Role: Join Date: Jan 2003 Location: Phoenix, Az Posts: 3,112	We meet with a registered patent attorney tomorrow at 1pm, the only question we have for him is if it applies to us or anyone we purchase content from. I told him about ACACIA saying that they had 34 mil in the bank and it would be best for people to sign and not litigate, he said he dont give a damn how much money they have, if the patent does not apply then it dont apply and 34 mil has nothing to do with it. There isnt anything they can do if it does not apply. period. so will let you all know what he says. __________________ Muscle/Fitness Adult Affiliate Program Since 1997 www.venuscash.com

07-30-2003, 08:26 PM	#19
Groove Confirmed User Join Date: Jan 2003 Posts: 3,852	An FAQ would be a great help Here's some questions: What countries is the patent registered in? How confident are you that the patent is invalid and why (details please)? Are there any examples of similar patents being invalidated? How long is the court case likely to run? When does the patent expire? What are the likely consequences of not signing Acacia's contract? What legal assistance if any can IMPA offer webmasters being sued by Acacia? Is it true that Acacia may be able to garnish payments from a processor or bank if an offshore company refuses to pay?

07-30-2003, 08:36 PM	#20
Sausage Confirmed User Join Date: Oct 2002 Location: Australia Posts: 3,012	I would appreciate an IMPA response to the claims and points made yesterday that IMPA was misleading webmasters etc. Berman made quite a number of points that undermined IMPA. Would be great to see those points answered.

07-30-2003, 08:55 PM	#21
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	Yeah, in my opinion, Berman made it sound like the IMPA was getting worked over by F&R (The law firm representing the defense group)... BUT the thing to remember here is this will be a HIGH PROFILE case to some degree. You think F&R would want to fight something that they knew was a losing situation just so they could suck up a million in their clients finances? I don't think they would have taken the case if they didn't think they had something.

07-30-2003, 09:04 PM	#22
Far-L Confirmed User Industry Role: Join Date: Feb 2002 Location: Seattle Posts: 6,065	Give me a day or two on those latest questions... I am just about out the door to head to Florida... One thing I will say... In my opinion, Berman turned around completely on demands made in their initial claims. Therefore he can easily characterize me as providing misleading information. In my opinion, the length he went to characterize us as unprofessional and uninformed demonstrates his lack of merit and substance. In my opinion, character attacks and frivolous additional lawsuits only further point to his lack of faith in the patents. I will get to those other questions asap. __________________ 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."

07-31-2003, 02:16 AM	#24
Groove Confirmed User Join Date: Jan 2003 Posts: 3,852	This one deserves a bump

07-31-2003, 03:00 AM	#25
rogerbo Confirmed User Join Date: Jan 2002 Posts: 193	O.k. here is a link to the Foundation for a Free Information Infrastructure which does Fight the Software Patenting in Europe in General. You may find some helpfull info for the fight against Acacia http://www.ffii.org/ You'll find also the link to the European version of the claimed Patent http://swpat.ffii.org/pikta/txt/ep/0566/662/ __________________ Teen Elf's Blog Teenhouse<br> MAKE ME RICH NOW ------ ICOO

07-31-2003, 03:04 AM	#26
Johny Traffic Confirmed User Join Date: Apr 2003 Posts: 5,461	I have a question for you on a personal matter, how is this fight going to personally effect you and your business? It seems to me that you might suffer, when the big boys in the end will benefit, isnt there a way we can drag them into the fight? __________________ hosted flv's, hosted galleries, morphing rss feeds, free content, free sites, hosted blog

07-31-2003, 04:20 AM	#27
<IMX> Confirmed User Join Date: Jun 2002 Posts: 2,728	When you win, how much are you going to hold Berman personally liable for ;) __________________ $$$ Check out NICHE PAY the leader of Micro Niche Sites! They offer $1 Trials! $$$ $$$ Check out 10 FREE TRIAL SALES equals 1 FREE LAP TOP ! $$$

07-31-2003, 03:16 PM	#30
joshuawk Confirmed User Join Date: Jun 2003 Location: my moms house Posts: 1,092	First off. I need some DMT. Far-l can yhou hook me up? IS everyone in this industry getting personally signed letters from Acacia or just bigger sites? I got another one last week from someone saying I could have a private meeting with them at Internext. I don't even run any paysites. Does this mean I'm on a small list or are they sending thousands upon thousands of these letters out? I threw the first one away. __________________ i love GW

08-01-2003, 12:04 PM	#31
buzzard Confirmed User Industry Role: Join Date: Aug 2002 Location: Midwest Posts: 1,276	looking over the DMT patent it appears all acacia has done is to take a series of Processes and group them together as a Technology. This is not much different than getting a patent on a certain route to drive your car to the store. A very weak patent it would be. am i wrong? or maybe i should start patenting keystrokes and hotkeys. Damn good idea....You all owe me 2 CENTS everytime you use the ENTER key when you post a reply to this board. As soon as i get the patent that is. __________________

08-01-2003, 03:47 PM	#32
sexeducation So Fucking Banned Join Date: Jun 2003 Location: Calgary - Alberta - Canada Posts: 7,315	I went to see if the IMPAI.org site was down ... I'm in Calgary - is it down for anyone else? or is Shaws DNS screwing up again?

08-01-2003, 03:57 PM	#33
posh rat in hell Confirmed User Join Date: May 2002 Location: New York City Posts: 403	Acacia sucks

08-01-2003, 04:13 PM	#34
Que? Confirmed User Join Date: Aug 2002 Posts: 340	I have patented crapping. Now prepare to squeeze yur butt real hard or I will sue your... yeah, yeah i got the flashy pakage as well __________________ Send ccia out to deep space:<br> Donate to <a href="http://www.impai.org/">IMPA</a>

08-01-2003, 04:34 PM	#35
Nathan Confirmed User Industry Role: Join Date: Jul 2003 Posts: 3,108	hey, it seems to me the main problem here is that a lot of people do not understand how patents work. The point of a patent is to get something for yourself that you had the idea for first. If you register an idea of a process like they did before such a process was ever done by someone else you have a patent. Even if someone else had the same idea, you are the person that registered it first, so you got it. Now, having the idea gives you one simple right: You can do whatever the heck you want with it and deny ANYONE using your idea to use it. Or you can ask them to pay money to use it. Of course no silly amounts I guess, but still, you can basically deceide HOW you want to make money of it. Logically Acacia chose to make money from the best point possible, the webmaster. Because they are the ones making the most money. Why get a Content provider to license a process for streaming video just because they HAVE video for sale. They are not streaming it, they do not have to pay. Also, why ask them to pay money when ACACIA perfectly knows that webmasters buy their stuff and make a profit from it, logically it makes more sense to ask money from the webmaster then. As far as I understand there are basically two ways to protect against such Patents. You have to find either Prior Art or convince the courts that the Patent is too broad and is therefor not really a unique idea that should be patentable. Prior Art simply put would be anything that was used or done before the patent was issued or filed that fits a patent claim. That prior art would invalidate the claim. This basically means, if we can prove that before 1992 there was someone out there that had a video on a FTP server and let people download it then ACACIA can not make you pay for doing that. I am not sure if it would also invalidate their claim on letting people download stuff from a web server, but I'm quite sure it would. So probably it would remove any of their rights to ask people that offer Videos for download in any form, be it via the Web or via FTP or usenet or email, for licensing fees. So in my oppinion this should be no problem to remove from their patents. The HARDER thing to find will be STREAMING video. It is not going to be easy to find prior art that streamed video from one place to another through the internet before 1992. But then again, a lot of universities out there, so it could very well be found. But there is stuff from around 1980 that MIGHT be even possible to invalidate the streaming part, but I have to investigate that some more. This all of course is just my oppinion and I am no lawyer and am not giving any advice. __________________ "Think about it a little more and you'll agree with me, because you're smart and I'm right." - Charlie Munger

08-01-2003, 06:07 PM	#38
Ice Confirmed User Join Date: Nov 2002 Location: Sunny California Posts: 26,053	FUCK acacia __________________ icq 1904905

08-01-2003, 07:14 PM	#41
fantasyman Let's do some business together Join Date: Dec 2001 Posts: 973	Look at http://avnonline.com

08-01-2003, 07:20 PM	#42
BradShaw Confirmed User Join Date: Oct 2001 Location: KB's trailer Posts: 7,840	Ron, so now you are suing Acacia for not living up to confidentiality agreement? The cynic in me thinks this all could be orchestrated. Damage control. __________________ Sig too big http://www.gofuckyourself.com/gfy_faqs.html Want to use a large banner in your sig??? Contact Eric about getting on as an advertiser - eric AT adult.com

08-01-2003, 07:42 PM	#45
ckm Registered User Join Date: Jul 2003 Posts: 15	Since Que? already patented crapping, I'll patent explosive diarrhea... I'll be fair and not come after you for patent infringement only if you spray that shit at acacia... But seriously, I think it's stupid they are going after people even if they are offering video compressed in zip files. Zipped files are not video. It can't be played in any kind of player until it is extracted from the zip. Maybe I should offer videos compressed in a zip and then turn it into a self-extracting executable. What are they going to do now? Come after me for offering .exe files?

08-01-2003, 07:45 PM	#46
BradShaw Confirmed User Join Date: Oct 2001 Location: KB's trailer Posts: 7,840	Ron I understand you no longer own, but you appear to still run the show from an outsiders perspective. __________________ Sig too big http://www.gofuckyourself.com/gfy_faqs.html Want to use a large banner in your sig??? Contact Eric about getting on as an advertiser - eric AT adult.com

08-02-2003, 04:46 PM	#48
sexeducation So Fucking Banned Join Date: Jun 2003 Location: Calgary - Alberta - Canada Posts: 7,315	Do you need a lawyer to post links to both sides of the issue? I don't see any changes to the site yet. IMPAI.org