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-   -   Did Berman lie about affiliates yesterday? (https://gfy.com/showthread.php?t=158773)

Veterans Day 07-30-2003 08:14 PM

allright im back with my 42.69 cent cmaera from walgreens. 5 minutes to take pic and upload:321GFY

Scootermuze 07-30-2003 08:15 PM

Quote:

Originally posted by boobmaster


Double dip? How about tripple dip! If you own a pay site, shoot your own content, and are an affiliate of another pay site, you would have to pay THREE licensing fees.


Not true in any sense...

The only obligation, if it turns out there is one would be with the paysite that uses the shot content.

If he shoots his own content and has sample feeds on his content site, and licenses this content site, then uses this content on his own site, the content license also covers his paysite in that he is an 'affiliate' (legally speaking)..

Being an 'affiliate', as the term applies in webmaster programs, has no bearing on the licensing.. The paysite with which he is affiliated is where the licensing liability lies..

So .. if Acacia wins, or if he chooses to pay, he is obligated to pay for one license..

LadyMischief 07-30-2003 08:15 PM

Quote:

Originally posted by Sly_RJ

Please point out where I mentioned anything about the legal definition of affiliate?

I mentioned "the proper definition of affiliate" as I was referring to detoxed comment. I know what the proper definition of affiliate is, and I also know what our definition of affiliate is. I also know that it was stated that our version of affiliate would not need to pay any fees or sign any licenses because the paysite owner would cover that.

Yes dear down boy.. I was clarifying :) Most people don't KNOW what the difference between the two is, and a lot of people are going to get sucked in just because they don't know the distinction between the two :) But you are correct Acacia IS double dipping, and I don't care who knows it, I think Berman was blowing smoke up everyone's asses.. He was way too evasive. There's somethign fishy about the deal, and I think Acacia is worried.

Sly_RJ 07-30-2003 08:17 PM

Yes, you're right. I also think a lot of people are confused about the whole "interview". Some things just didn't make sense. Who knows. Whatever.

Go IMPAI!

The Other Steve 07-30-2003 08:19 PM

Quote:

Originally posted by LadyMischief


Actually, legally, that is NOT the proper definition of affiliate. The proper definition of affiliate is the way he described it. Legally what we call an "affiliate" is actually a contract type marketer working on a percentage basis.. not much different than someone who sells Watsons or Avon. Our "affiliates" don't have a vested interest in the company. I think perhaps, however, Acacia may not have fully educated themselves about TGP's, and if they are sending packages to TGP owners, they are "double dipping" the income stream. If people let them know, they may drop cases against these people.


Your absolutely right - they don't understand our terminology and most of the people on this board don't understand their terminology.

LadyMischief 07-30-2003 08:25 PM

Quote:

Originally posted by Sly_RJ
Yes, you're right. I also think a lot of people are confused about the whole "interview". Some things just didn't make sense. Who knows. Whatever.

Go IMPAI!

D-Money did a valiant job of trying to get him to answer his questions. Too bad Berman used the whole platform is a means of forwarding the interests of acacia, and did very little actual informing when all was said and done.

Sly_RJ 07-30-2003 08:27 PM

He's a lawyer with an agenda. There was really nothing else to expect.

boobmaster 07-30-2003 08:30 PM

Quote:

Originally posted by Veterans Day
allright im back with my 42.69 cent cmaera from walgreens. 5 minutes to take pic and upload:321GFY
It's been five minutes!

GFED 07-30-2003 08:30 PM

Quote:

Originally posted by LadyMischief


D-Money did a valiant job of trying to get him to answer his questions. Too bad Berman used the whole platform is a means of forwarding the interests of acacia, and did very little actual informing when all was said and done.

Berman knew exactly what questions were going to be asked. He knew exactly what he wanted to say. He had his speech prepared and at one point wouldn't shut the fuck up.

He just had to wait for his queues. Anything that was important was avoided... I'll have to talk with my engineers... blah blah...

StupidNewbie 07-30-2003 08:33 PM

Quote:

Originally posted by Veterans Day
allright im back with my 42.69 cent cmaera from walgreens. 5 minutes to take pic and upload:321GFY
write "go fuck yourself" on your tits and post.

Spunky 07-30-2003 08:35 PM

:glugglug 50 Lying Bitches

Veterans Day 07-30-2003 08:36 PM

http://www.feetfantasys.com/pics/spunky.jpg FUCK OFF YOU COCK SMOKER tits coming soon

Gutterboy 07-30-2003 08:37 PM

Quote:

Originally posted by Veterans Day
http://www.feetfantasys.com/pics/spunky.jpg FUCK OFF YOU COCK SMOKER tits coming soon
Gee, guess I was right... again :Graucho

Sly_RJ 07-30-2003 08:39 PM

Quote:

Originally posted by Veterans Day
http://www.feetfantasys.com/pics/spunky.jpg FUCK OFF YOU COCK SMOKER tits coming soon
:)

Can't wait for the boobies!

Veterans Day 07-30-2003 08:40 PM

Quote:

Originally posted by Gutterboy


Gee, guess I was right... again :Graucho

YEP 25-30 hits a day and they want 1500:321GFY

LiveDose 07-30-2003 08:41 PM

If Berman thinks he is going to collect from affiliates who are not delivering or streaming video from their own sites then he needs to start getting his crack from a new dealer.

Listening to him yesterday I don't even think he knows what the patent covers or what he is doing. He really should go back to chasing ambulances.

:2 cents: :2 cents: :2 cents:

Veterans Day 07-30-2003 08:45 PM

http://www.feetfantasys.com/pics/tits.jpg

GFED 07-30-2003 08:47 PM

Quote:

Originally posted by Veterans Day
http://www.feetfantasys.com/pics/tits.jpg
nice... :Graucho

StupidNewbie 07-30-2003 08:51 PM

Quote:

Originally posted by Veterans Day
http://www.feetfantasys.com/pics/tits.jpg
those breasts say nothing on them!

how do we know they're yours?

sorry, but I don't believe you.

Spunky 07-30-2003 08:54 PM

Quote:

Originally posted by Veterans Day
http://www.feetfantasys.com/pics/spunky.jpg FUCK OFF YOU COCK SMOKER tits coming soon
Looks like a photoshop to me,besides thats a pamphlet thats not proof of fuck all.
Whatever either you aren't saying everything or Acacia doesn't know their ass from a hole in the ground.
Thinking they can harrass people and send a TGP some reading material won't stand up for shit in a court.
They can't shake people down like your phone call,thats harrassment.You would hear so many more stories about bigger sites getting nailed.Any idiot can do a search and see where the big money is.MGPs with 500k of daily traffic not little 50 hit ones

Veterans Day 07-30-2003 08:58 PM

Quote:

Originally posted by spunky1

Looks like a photoshop to me,besides thats a pamphlet thats not proof of fuck all.
Whatever either you aren't saying everything or Acacia doesn't know their ass from a hole in the ground.
Thinking they can harrass people and send a TGP some reading material won't stand up for shit in a court.
They can't shake people down like your phone call,thats harrassment.You would hear so many more stories about bigger sites getting nailed.Any idiot can do a search and see where the big money goes.

fuck face what else do you need? a receipt for the camera 30 minutes ago

bhutocracy 07-30-2003 08:58 PM

Quote:

Originally posted by spunky1

Looks like a photoshop to me,besides thats a pamphlet thats not proof of fuck all.
Whatever either you aren't saying everything or Acacia doesn't know their ass from a hole in the ground.
Thinking they can harrass people and send a TGP some reading material won't stand up for shit in a court.
They can't shake people down like your phone call,thats harrassment.You would hear so many more stories about bigger sites getting nailed.Any idiot can do a search and see where the big money goes.


doesn't look like photoshop to me.. you got owned.

Veterans Day 07-30-2003 09:01 PM

Quote:

Originally posted by bhutocracy



doesn't look like photoshop to me.. you got owned.

yes he did!!! I got bermans sig if you need it too LOL:321GFY

StupidNewbie 07-30-2003 09:01 PM

Quote:

Originally posted by Veterans Day

fuck face what else do you need? a receipt for the camera 30 minutes ago

I think the important issue here isn't proving that you have a packet, it's proving that you have breasts. Packets are peices of paper bound together via staples or glue, not very exciting. Breasts on the other hand, are much more entertaining to watch - does your camera have a feature to make short mpeg movies?

Spunky 07-30-2003 09:02 PM

Quote:

Originally posted by Veterans Day

fuck face what else do you need? a receipt for the camera 30 minutes ago

I think your not telling the full story.I dont care really what you think of me you fucking twat.
Stupid newbs deserve what they get if they let people like that con you.
They cant do shit.

Spunky 07-30-2003 09:03 PM

Quote:

Originally posted by bhutocracy



doesn't look like photoshop to me.. you got owned.

Thats a phamplet.What are you so gullable as well?

Veterans Day 07-30-2003 09:08 PM

Quote:

Originally posted by spunky1

Thats a phamplet.What are you so gullable as well?

whatever man I talked to berman and he wants a license deal. Whether or not you believe me the bottom line is that my "dead" tgp gets 25-30 hits and they sent me the license agreement. Whats the problem? I have other sites that make cash. Its not about what i have or dont have, its you calling me out a liar. I AM NOT BITCH. Oh im a newb cause i got 120 post?

twistyneck 07-30-2003 09:13 PM

Thank you for the picture of your breasts. I found them to be very attractive.

Spunky 07-30-2003 09:14 PM

Quote:

Originally posted by Veterans Day

whatever man I talked to berman and he wants a license deal. Whether or not you believe me the bottom line is that my "dead" tgp gets 25-30 hits and they sent me the license agreement. Whats the problem? I have other sites that make cash. Its not about what i have or dont have, its you calling me out a liar. I AM NOT BITCH. Oh im a newb cause i got 120 post?

Exactly..you have other sites.You didn't get nailed for this 35-50 hit site.This is what I was calling bullshit on.
Whatever,you may have received this package but talk to your lawyer and he will tell you the same.

Mr.Fiction 07-30-2003 09:28 PM

Somebody will eventually sue Acacia to make a point.

Webby 07-30-2003 09:38 PM

Quote:

Originally posted by Veterans Day
http://www.feetfantasys.com/pics/spunky.jpg FUCK OFF YOU COCK SMOKER tits coming soon
I don't like the glossy "packages" sent out by Acacia, - they don't even serve a useful purpose in the toilet - I *like* absorbent paper.

BRISK 07-30-2003 09:39 PM

The right conferred by the patent grant is ?the right to exclude others from making, using, offering for sale, or selling? the invention in the countries where they hold a patent.

So if you run a TGP that simply lists text links to other websites (galleries, paysites, etc...), I don't see how you would be making, using, offering for sale, or selling the Acacia technology.

Sly_RJ 07-30-2003 09:44 PM

Quote:

Originally posted by Mr.Fiction
Somebody will eventually sue Acacia to make a point.
Sue them for what? Being stupid? Inconsiderate? Trying to collect money?

bhutocracy 07-30-2003 10:00 PM

Quote:

Originally posted by spunky1

Thats a phamplet.What are you so gullable as well?

nope, but you're definately over-reacting. theres a difference between being skeptical and ranting.

Mr.Fiction 07-30-2003 10:03 PM

Quote:

Originally posted by Sly_RJ

Sue them for what? Being stupid? Inconsiderate? Trying to collect money?

Just because you make claims about your patent doesn't mean you can threaten anyone you want with those claims. Have you read up on other companies that have tried to threaten small companies with lawsuits and used methods which the government does not allow?

There have been at least two cases posted here on GFY where companies have tried to use similar strategies to what Acacia is doing and at least one of them has been sued.

In the other case, the FTC stepped in and investigated the company for suing and harassing everyone before the validity or nonvalidity of the patent was determined.

There is nothing stopping companies from suing Acacia for their heavy handed practices and threats.

http://www.extremetech.com/print_art...a=34898,00.asp
Acacia reportedly began laying out its intellectual-property strategy in May 2002, which appears remarkably similar to the path taken by memory technology company Rambus Inc., which convinced smaller memory firms to license its technology. Rambus' progress was essentially stopped short by larger firms, who exposed some of the company's legally questionable business practices and prompted an FTC investigation.

http://www.gofuckyourself.com/showth...ght=templa te

2. Defendants' baseless threats, aleegations, and unfounded
lawsuits have been directed at numerous manufacturers, including
particularly users of Rockwell-Allen-Bradley industrial
automation equipment, without regard to the underlying merits of
the claimed infringement of the '318 patent and without an
objectively reasonable expectation of success on the merits of
their claims. In fact, Defendants have no objective of obtaining
adjudication on the merits of their claims. Rather, the Defendant's
campaign of baseless and reperitive threats, allegations and suits
has been undertaken to capitalize on the collateral effects of
those activities in an apparent effect: (a) to "shakedown"
manufacturers through threats of potential business interruption
or catastrophic damages and the certainty of substantial fees
and costs required to defend themselves in protected litigation;
and (b) to disrupt, damage and interfere with Rockwell's
relationship with both its actual and prospective customers
for industrial automation equipment.

GFED 07-30-2003 10:49 PM

things that make you go hmmm...

Mike-BP 07-31-2003 12:58 AM

Quote:

Originally posted by Veterans Day
http://www.feetfantasys.com/pics/tits.jpg
Damn...404 over here

Why am I always too late with good stuff like this :waaaaahh


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