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Old 08-07-2003, 08:19 AM   #1
richard
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CE / Acacia news

http://www.businesswire.com/cgi-bin/...tm&footer_file

Quote:
On August 1, 2003, the date the action was filed, the Superior Court of the State of California for the County of Los Angeles, Central District scheduled a hearing and ordered Acacia to show cause as to why it should not be restrained and enjoined pending trial of the action from (1) further publicizing the terms or existence of its agreements with TNC; (2) using trade names or marks owned by TNC, including CE Cash and Cybererotica in any communications seeking to induce third parties to enter into patent licensing or royalty agreements; and (3) misrepresenting that it has entered into licensing or royalty agreements with CE Cash or Cybererotica.
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Old 08-07-2003, 08:30 AM   #2
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translation please,,

you need a damn PHd to read damn lawyer talk
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Old 08-07-2003, 08:35 AM   #3
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Quote:
Originally posted by playa
translation please,,

you need a damn PHd to read damn lawyer talk
CE are suing Acacia for breaching the confidentiality provisions of some contract.
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Old 08-07-2003, 08:39 AM   #4
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Quote:
Originally posted by playa
translation please,,

you need a damn PHd to read damn lawyer talk
... a $1000 lawsuit that will, or will not stop ACACIA using the name cybererotica. hasnīt got anything to do with the patent thingy itself.
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Old 08-07-2003, 10:13 AM   #5
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sounds like Acacia went around spoutin off to everyone that they got CE to pay up... so everyone else should too...

meanwhile CE never said they could be using their name like that... and that CE isn't just paying royalties and stuff as Acacia would have us believe.

Therefore, CE is suing Acacia for making us believe that.

It doesn't affect their "patent" that they have... but it does affect smaller companies decisions. If they hear that CE is paying, then the smaller company will figure they have no choice but to do the same.
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Old 08-07-2003, 10:14 AM   #6
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Quote:
Originally posted by MaskedMan
sounds like Acacia went around spoutin off to everyone that they got CE to pay up... so everyone else should too...

meanwhile CE never said they could be using their name like that... and that CE isn't just paying royalties and stuff as Acacia would have us believe.

Therefore, CE is suing Acacia for making us believe that.

It doesn't affect their "patent" that they have... but it does affect smaller companies decisions. If they hear that CE is paying, then the smaller company will figure they have no choice but to do the same.

zactly


good for CE...
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Old 08-07-2003, 10:15 AM   #7
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Old 08-07-2003, 10:15 AM   #8
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Quote:
Originally posted by MaskedMan
sounds like Acacia went around spoutin off to everyone that they got CE to pay up... so everyone else should too...

meanwhile CE never said they could be using their name like that... and that CE isn't just paying royalties and stuff as Acacia would have us believe.

Therefore, CE is suing Acacia for making us believe that.

It doesn't affect their "patent" that they have... but it does affect smaller companies decisions. If they hear that CE is paying, then the smaller company will figure they have no choice but to do the same.
kick their ass CE
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Old 08-07-2003, 10:16 AM   #9
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Acacia is a sinkin matey.
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Old 08-07-2003, 10:18 AM   #10
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Old 08-07-2003, 10:21 AM   #11
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Originally posted by Fletch XXX
Acacia is a sinkin matey.
Yar!
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Old 08-07-2003, 10:30 AM   #12
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Quote:
Originally posted by MaskedMan
sounds like Acacia went around spoutin off to everyone that they got CE to pay up... so everyone else should too...

meanwhile CE never said they could be using their name like that... and that CE isn't just paying royalties and stuff as Acacia would have us believe.

Therefore, CE is suing Acacia for making us believe that.

It doesn't affect their "patent" that they have... but it does affect smaller companies decisions. If they hear that CE is paying, then the smaller company will figure they have no choice but to do the same.

good translation man
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Old 08-07-2003, 11:35 AM   #13
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Quote:
...(1) further publicizing the terms or existence of its agreements with TNC;
...
...(3) misrepresenting that it has entered into licensing or royalty agreements with CE Cash or Cybererotica..
So everyone including AVN got it wrong?
Quote:
From avn.com:

LOS ANGELES - CECash has agreed to a licensing deal with Acacia Media Technologies for a group of streaming media patents Acacia owns...
So what exactly was the agreement that CE entered into with Acacia? There was an agreement of some kind it seems - even the CE court docs seem to confirm there was ("further publicizing the terms or existence of its agreements with TNC"). I'm curious to know what it was, and what is the nature of the deal between CE and Acacia that CE wishes to keep private? Perhaps someone from CE could issue a press release and clarify for those of us who are concerned that our donations to IMPA are (possibly) being "cancelled out" by equal or larger flows of money from CE to Acacia. On what exactly did CE enter into agreement with Acacia, and why the secrecy?

I hope AVN has an investigative reporter on staff. Where's Luke Ford when you need him?

Last edited by CoolE; 08-07-2003 at 11:42 AM..
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Old 08-07-2003, 12:24 PM   #14
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never mess with FM, he will kick your ass
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Old 08-07-2003, 01:57 PM   #15
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Quote:
Originally posted by playa
translation please,,

you need a damn PHd to read damn lawyer talk
actually ... it be a doctorate of juris prudence... a JD... but that's okay :-)
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Old 08-07-2003, 01:58 PM   #16
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excellent.
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Old 08-07-2003, 04:53 PM   #17
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Nice. And they're using one of my lawyers to do it.

GO CE!
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Old 08-07-2003, 05:38 PM   #18
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The counter lawsuits begin go fuck yourself Acacia
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Old 08-07-2003, 06:29 PM   #19
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Basically, CECash, when they settled, included terms that neither side wanted public. Thats standard, when you are dealing with a huge company, im sure lots more consessions are made than with smaller companies.

Acacia broke the terms of their agreement, and CE is suing to uphold it.
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Old 08-07-2003, 06:37 PM   #20
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Well, over a week ago, fantasyman did say, "You folks will be in for quite a surprise when the truth comes out."

A hearing for this is set for the 15th. This ought to be interesting...
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Old 08-13-2003, 06:31 PM   #21
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Quote:
Originally posted by StacyCat
Basically, CECash, when they settled, included terms that neither side wanted public. Thats standard, when you are dealing with a huge company, im sure lots more consessions are made than with smaller companies.

Acacia broke the terms of their agreement, and CE is suing to uphold it.


another way to fight off Acacia is to drain their warchest. That $40M they have stashed just for suing websites could be trickled away if all kinds of peripheral lawsuits were filed like the CE one.

If CE can show that their reputation was harmed and irreversible damage was caused, resulting in $13.3M worth, then treble damages amounts to just under $40M, tack on attorneys fees, and now you are causing them some burn.

so whoever at acacia leaked out the news, keep on going.. hey, maybe they were secretly placed by members of the adult industry, that infilitrated and then.......

back to reality...
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Old 08-13-2003, 07:10 PM   #22
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So CEcash has filed suit against Acacia? Is it just for stopping them from using the CEcash name or is it also for damages?

News that CEcash signed didn't exactly help them any. Had it been a little more low-profile, maybe people wouldn't be going around spitting on CEcash now.

Seriously, how many affiliates stopped promoting them after that? We'll never know, but I'd imaging it was more than a few.
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Old 08-14-2003, 07:57 AM   #23
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Quote:
Originally posted by Matt 26z
So CEcash has filed suit against Acacia? Is it just for stopping them from using the CEcash name or is it also for damages?

News that CEcash signed didn't exactly help them any. Had it been a little more low-profile, maybe people wouldn't be going around spitting on CEcash now.

Seriously, how many affiliates stopped promoting them after that? We'll never know, but I'd imaging it was more than a few.



As the saying goes, keep your friends close, keep your enemies closer.

Who is to say that CE didn't settle with Acacia to get them nice and cozy close and then bring on the smackdown when they had their back turned?

We shouldn't be too quick to make any judgements on CE, especially since we don't know the facts.
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Old 08-14-2003, 08:03 AM   #24
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if acacia broke their confidentiality, they won't be impressing anyone with their business ethics...
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Old 08-14-2003, 08:05 AM   #25
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Originally posted by basschick
if acacia broke their confidentiality, they won't be impressing anyone with their business ethics...

No need for them to try and impress anyone with their "business ethics"... trying to force universities and colleges to pay them licenses for distance learning....... i guess they think that the education system is also another great well of $$$ like the adult industry.

Fight the Patent!
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Old 08-14-2003, 08:07 AM   #26
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dosent make much sense to me. Logic would say that the only reason CE signed is because they got a sweetheart deal. The reason they would be given a sweetheart deal is so Acacia could use them as an example in their scare tactics and to try and give some credibility.

If CE had all this fight in them, why not fight the patent instead of caving like the French in a world war.
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Old 08-14-2003, 08:11 AM   #27
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Just like War,
you don't have to tale the enemy head on...
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Old 08-14-2003, 08:13 AM   #28
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Quote:
Originally posted by GotGauge
Just like War,
you don't have to tale the enemy head on...

and to continue that analogy.....


A smart General can lose a battle, in order to win a war.

FM = Smart General
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Old 08-14-2003, 08:21 AM   #29
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Sounds to me that CE made a deal with Acacia instead of fighting the patent and this deal was to be confidential. However, Acacia broke the confidentiality and CE is pissed because everyone now knows that CE settled instead of fighting. The news of CE's deal with Acacia could certainly tarnish CE's reputation as a player and leader in this industry. FM, grow some balls and fight the patent
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Old 08-14-2003, 09:13 AM   #30
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I think CE made the right move in settling

according to the guy that was from acacia on D money show

you can settle and not have to pay prior years moneys owed
basically getting a sweet deal

if you dont settle you owe back 6 years or so and if the patent is overturned then you just stop paying them royalties
if it isnt you owe them 6 years worth


nothing says you cant settle and still fight it

that would actually be the smartest move settle and have a back up then fight the hell out of it



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Old 08-14-2003, 09:19 AM   #31
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Quote:
Originally posted by funkmaster


... a $1000 lawsuit that will, or will not stop ACACIA using the name cybererotica. hasnīt got anything to do with the patent thingy itself.
no disrespect but why do you say it's only $1000?

seems natural that CE could sue for millions..... - publicizing the CE name as gutless and heartless panzies that gave into acacia's extrosion tactics to help fund acacia's warchest so acacia has more financial resorces to go after other movie sites could and probally did REALLY hurt CE's reputation and ability to get new affiliates in the adult online business.
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Old 08-14-2003, 09:20 AM   #32
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Quote:
Originally posted by Tanker
I think CE made the right move in settling

according to the guy that was from acacia on D money show

you can settle and not have to pay prior years moneys owed
basically getting a sweet deal

if you dont settle you owe back 6 years or so and if the patent is overturned then you just stop paying them royalties
if it isnt you owe them 6 years worth


nothing says you cant settle and still fight it

that would actually be the smartest move settle and have a back up then fight the hell out of it



Tanker
settling only opens the door to hundreds of other extrosion scams just waiting to get their hands on your wallet.
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Old 08-14-2003, 09:23 AM   #33
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Originally posted by SleazyDream



seems natural that CE could sue for millions..... probally did REALLY hurt CE's reputation and ability to get new affiliates in the adult online business.

From the discussions on GFY, it would already appear that the disclosure of their dealing with Acacia has hurt their business and caused negative sentiments.

So easy for CE to demonstrate the harm caused.

Like i posted before, i think that $12.3M in damages should just about do it.
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Old 08-14-2003, 09:25 AM   #34
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will the patent be heard be the same judges? or judges at the same level?...seems to me that if they lose once with these guys...they will most likely lose again


but that might be geting ahead a bit
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Old 08-14-2003, 09:26 AM   #35
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Originally posted by SleazyDream


settling only opens the door to hundreds of other extrosion scams just waiting to get their hands on your wallet.

you do bring up a very valid and concerning point.

As I have been posting and writing about, Acacia is not the only battle here... there are other patents out there....

So these other companies could come knocking on the same doors and demand a "licensing" fee, and this whole battle continues.

This is where it highlights the absurdity that how can more than 1 person have the "patent" right for the same thing?

So to fend off this potential nightmare, Acacia AND other patents need to be invalidated by finding prior art.. otherwise, Acacia is just 1 battle, there are many more.

Get informed, get mad, get active...

Fight The Patent!
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Old 08-14-2003, 09:28 AM   #36
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will the patent be heard be the same judges? or judges at the same level

You can directly attack a patent by filing with the USPTO for a review of it. The other way patents are refuted is in the courtroom, where the patent holder sues someone.

This is where "prior art" is brought up, and if successful, the patent holder loses the court case, and then the patent itself would get invalidated.
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Old 08-14-2003, 09:33 AM   #37
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I love the people who shout 'it's only 2%'. Ignoring the fact that 2% of Gross can be a huge % of available cash to some people/companies, as Sleazy pointed out - start settling and you possibly open the floodgates. Now get 50 bullshit patents (and you're daft if you don't think 50 exist) wanting 2% and you're out of business.

Personal opinion remains that if you have any choice at all you're crazy if you do no fight the bastards.
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Old 08-14-2003, 06:20 PM   #38
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Quote:
Sounds to me that CE made a deal with Acacia
There was one quote from a publication Charly was posting, that one adult company made a deal for $500, one time fee.

If you had a business the size of Trade News Corp. (CE), then these type of low $ value deals make so much sense - call it insurance.

A one time fee of $500 might even interest me; and i dont deal in movie content.
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