50 settling sponsors

hehehe
all open books mean is for those webmasters who don't like to pay taxes, you will have to claim taxes on all money made from those companies


Or at least it would be a smart idea too anyways

Soon, the question might be quicker answered by asking who is not.

not me, im too worried about slangin crack to worry about a bunch of net geeks :)

I think the point being made here is there was no "litigation" in an actual courtroom in front of a judge.

Also can you honestly say Hustler and Vivid spent 100s of thousands on this? Honestly?

If so then maybe you shouldn't rely on the advice of a 1st amendment attorney for your patent litigation. Next time try getting advice the top Patent firm in the country.

This industry blows farts every day now it seems.

Hmm... are you stating libel againt Ken? I am not a lawyer, but a bird on a wire told me that Acacia has a patent on Libel as well. Prior Art might not mean shit if your pockets are deep enough.

Then again, this post is a crude attempt at humor, satire, and parody. <------ That's for the lawyers at Acacia who are reading this post. So is this: :321GFY

No, I can't imagine them doing any "less" for the industry. This is about as "little" as anyone could ever possibly do.

Except for maybe driving over to each of our houses and taking a shot gun and blowing up our hard drives. I'm sure that's next, though. That part will probably come out when the rest of the secret settlement gets released by someone's scorned mistress or pissed off employee.

To date CE has not helped, nor do I believe they are allowed to by Acacia. Hustler and Vivid are most likely prevented from aiding in challenging the patents too.

I don't know where this popular misconception started but I would like to put an end to it for once and for all.

I think we know where this popular misconception that CE is helping in your noble fight started Far-L :Graucho

Sometimes you just have to read these posts and laugh. :1orglaugh

What about Cashquest? Did they settle?

:warning

quote:
--------------------------------------------------------------------------------

"We will still stand financially behind those who are fighting the patent, which is lot more than we can say for most of the industry that has not been served with a lawsuit."


Sounds great.

I wish it were true.

Software patents really suck. I cannot think of a worse kind of patent then this.

I would really love to get my hands on the stupid woman who approved this stupid patent. :mad:

It's not a software patent, they didn't create any product.

It's a process patent, just describes the idea of digitizing, compression, storing, transmitting, and viewing of digital audio/video files.



Fight the Patent!

does the agreement with acacia say that individuals working for hustler or vivid can also not contribute money? for example, can larry flynt or brianna banks contribute on a personal level?

I am hoping that they will contribute on a personal level .. also.. i can see the situation where the company could contribute to a cause, just not be made public...



Fight the Patent!

2% doesnt bother me if thats where it stopped thats the cost of doing business. Heres what scares me and I cant believe the MBA's at those two companies didnt think about this. First do they think, these will be the only people to come out of the woodwork with vague patents now that this company is having success ? Also what is to stop Acacia from charging 25% or any other amount in the future? If I am correct those licenses arent set terms forever ,they have to be renewed.

Is Hustler and Vivid using this to eliminate competetion? what's next? Acacia going after affiliates to scare them away from using other affiliate programs?

i'm not trying to stir shit up, but the statement "right business decision" just kinda got me thinking.

tony - don't let Acacia's strategy allow you to assume they are successful. Based upon their last quarterly financial they are FAR from successful. Lets see how big these other settlements are for them in their next quarterly statement. I bet they aren't very big.

Acacia has a lot coming to them if they think they're going to get 2% of this industries gross, that is TOTALLY unreasonable licensing fees, especially considering their ONLY possible infridgers are content providers and video streamers (which don't make up a majority of the industry revenue). Also don't assume they signed a 2% gross deal with anyone they've settled with.

All I am saying is do NOT assume anything... :) Especially when so many smoke and mirrors are involved!

Marc De: We are a content provider and we do not infringe.

Far-L - I don't believe that you are either... Its the opinion of MANY that you aren't, all I'm saying is the POSSIBLE folks they could POSSIBLY sign deals with. hehe Reread my post, its may have been a bit ambiguous...

A lot of energy is being wasted here.

Ken is, if anyone isn't aware of the fact, the WebQuest PR hack that was hired some 2 years ago by Larry Flynt Productions to handle their affairs on the web. He's done a great job, but that's to be expected from a PR hack.

And, he's doing what any good PR hack would do, putting the best possible spin on his employer's actions. I don't have to point out that he's doing a great job of that, two years experience shows for itself.

However... Who gives a fuck what a PR hack says? Arguing with a PR hack is like wrestling a pig- you both get dirty but only one of you will enjoy it.

Only thing that happened today is two more companies decided that they'd sign a license agreement with Acacia. Doesn't matter who they are- there'll be more that make the same decision, both smaller and larger. Doesn't matter what the terms were- it is obvious that they were agreeable enough for everyone involved. Doesn't matter what they spent to arrive at that decision- it's their purse.

Only thing that does matter is the fight does continue. Energy directed in any other place is not fighting,

it's wrestling with pigs.

Support <A HREF="http://www.impai.org" target="_blank">IMPA</A> to protect our use of on-line media.

Ken...All I read in your post was blah blah blah fucking blah

Larry Flynt has always stuck up for his rights. I can not believe this was his decision. WTF did his balls shrivel like rasins. I dont care what you (ken) has to say. Larry Flint has a computer and I am sure he could figure out how to post a thread or have someone show him lol. Is he to good to talk to the adult webmasters about his decision? Plenty of important rich people explain there actions every week on here!

I for one thought Larry Flynt might be one the to take this guys down. How much money does Larry Flint have? I bet he has plenty to last him and all his heirs for generations.

When you say they did it to protect affilates...that is just total BS

When they gave in...it put 1000's at risk. Did you see how much their stock went up? That just put millions into the pockets of this guy. IF Hustler and Vivid would have hired the best patent lawyers and pushed counter suits on them...The stock would have went down and took millions from them.

Think about it...dont cluck like a chicken and say you are a guard dog.

Deeprub :2 cents:

<CENTER><IMG SRC="http://www.mardi-gras-flashers.com/33orglaugh.gif"></CENTER>

Marc De: I know you know that but just making sure everyone in the nosebleed seats got it too...

:Graucho :winkwink: :thumbsup

Taking into account the recent news, your statement is right on.

Flynt is sticking up for HIS rights... so all that effort that history has recorded and so many webmasters remember of his fight to protect free speech and the adult industry, could now be interpreted as he was doing it for his OWN business and his OWN reasons.

Why not continue that fight with this patent abuse case? especially if someone over there talked to me, I could explain about prior art, and why so many tech heads like me find this patent claim to be absurd.

So if you put it in this context, no one should be surprised or mad that they settled. It's in the best interest of HIS company, HIS business, HIS agenda.

I hope I am wrong, and I will test the waters starting on Wednesday when Fight The Patent . com releases it's own answer to fighting against patent abuse cases.

Stay tuned...



Fight The Patent!

And pigs can fly. WEEEEEEEEE! :1orglaugh

Please don't insult our intelligence :1orglaugh

Bingo.

So fucking what. You would have made a different decision?

It's really easy to say you'd take it up the ass for everyone when you aren't the one bent over.

<br><br>

You aren't even allowed to donate to anyone fighting this patent now?

I'm not Larry Flynt, so I don't know what he thinks.. i can only know what i read and see.

Mr. Flynt wrapped himself in the free speech american flag story that everyone in the adult industry saw as him fighting for their rights as well.

Fast forward a couple of decades and you have a new predator hunting in the adult industry and everyone thought he would fight the fight.

Consistancy in words and action are the hallmarks of a great leader.

So many people have expressed their disappointments that Mr. Flynt did not stay consistent. Sometimes causes are more about making money and about business, it's about doing what is right for you and for people around you.

For anyone that is writing their decision off as being a good business decision, your right, that discussion part is over, where the focus is now at, is what are the supposed leaders in this industry doing to look-out for the industry?


And yes, i would make a different decision, I already have. I have decicated the last 60 days in the fight to bring awareness and to find prior art.. .a full time effort where i am no longer doing my consulting, i shut down my own audio website that was about to launch upon hearing the news. I have not been focused on generating income for my family, and still, my wife allows me this opportunity to do what i feel is right, to fight the fight. So I do know about sacrifices, and I am fighting for people like you to have audio or video on your website.

i'm not doing it for you or to get any thanks from you, i do it because my conscious does not allow the abuse of patent law to allow others to try to profit from technology and innovations that were created prior to the patent.

If Mr. Flynt is your personal god, then i understand that my blasphemous words have upsetted you.

Notice how i am addressing him as Mr. Flynt? I show my respect for the man, and in no way seek to tarnish his name. Facts are facts, and actions speak louder than words.



Fight The Patent!

Ive thought more about this, and here seems to be the problem.


I can picture the hustler, vivid boards discussing this topic in their boardroom. They probably figured, why spend hundreds of thousands to fight the lawsuit when Acacia has its hand extended with a sweetheart deal that makes it all go away.

Then they had their top notch lawyers spend time on sweetening the sweetheart deal instead of fighting.

I'm sure in hustlers own mind they probably felt like THEY put one over on acacia.

I wouldn't be surprised if Acacia didnt end up paying them.


Now Hustler is in a position where they could care less who Acacia fucks. They have their deal, they are safe, and can sit back and watch their competition get fucked with.


The only obstacle left was how to sell it to the webmasters, so that there is no backlash, boycott, etc.


This is turning into a very sleezeball , bottomfeeding industry. Im reminded of the scarface quote. "Lesson 1: Never underestimate THE OTHER GUYS GREED !"



Well, this is one mother fucker that wont fall for the spin.

:2 cents:

HERE'S AN IDEA.... for those companies who've signed and claim their "hands are tied" by the agreement & therefore they can not help the IMPA....

If/When the patents get invalidated & these companies file their big lawsuits against Acacia, maybe they can pledge 50%-100% of anything they are awarded above legal fees to the IMPA.

After all, from what I understand, the IMPAI is not just about fighting Acacia, so I'm sure what funds you are unable to provide now, would be appreciated down the road.

Plus an IMPA victory would save them the cost of licensing fees in the future.

.

I believe they used their top notch 1st Amendment attorneys to tackle this issue, hired on some patent lawyer who made a bad assessment, and based on that, they settled.

Hustler/Vivid could have gotten some bad advice from whatever patent attorney that handled the case.. in not doing a good prior art search....

Anyone who does any kind of google search for patents will find my website.... surely, any attorney who is trying to uncover information about the patent claims would want to talk to people who might have some insight, maybe even show some prior art examples.

I know that Hustler must not have used a well respected IP/Patent firm that the defendants are using, since I provide all defendants with the stuff i find, and they seem to believe that they do have enough credible evidence to invaldiate the claims.

And Spike and all the other defendants who are REALLY spending the hundreds of thousands of dollars must also believe this to be true, otherwise, why would they be stupid enough to waste their money?

So for anyone who wants to take the PR news that the patents must be valid if Hustler/Vivid signed is one that will fall for anything.


Fight The Patent!

That's what Ken is reporting that was in their licensing agreement.

Sounds wierd huh?

But of course there are such things as private and anonymous donations.. :Graucho




Fight The Patent!

We will see soon enough...

let's say that their sweetheart deal was to pay $10,000.. because in return for settling quickly, their name can be used in PR statements to show the larger masses of webmasters to pay up,e tc,etc,etc...

so 50% of the savings, taking into account amortization over time, leaves their contribution to IMPA to like :2 cents:


Fight The Patent!

Brandon: I am under the impression that Hustler/Wicked/Vivid went on Paul Cambria's advice and did not get proper patent counsel...

Cambria is great at first amendment issues, but he is not a patent attorney.

Lesson #2: see Lesson #1

:Graucho

Thanks to all those that have been writing me about fighting the fight, and my thanks to those who are contributing prior art leads.

I do appreciate them and i provide immediate feedback to people about the leads they submit.

The goal here is to have a stack of overwhelming amount of prior art that the technically-challenged judge and jury will easily be able to see the patent claims and the patent itself are bogus.


We already have prior art evidence, just want to keep piling it on.

If Johnny Cochrane were on the case (sure, why not use a criminal attorney to handle a patent law case :Graucho ), he might say to the jury:

if the patent claims don't stick, you must acquit.

stuff to look for: http://www.FightThePatent.com/v2/Searching.html




Fight the Patent!

what victories have your so called "patent attorneys" achieved thus far?

yeah, I thought so.:1orglaugh

Ken's a PR Hack in the same way you're a somebody in this business.

You must like the taste of your foot in your mouth, since you seem to have already inserted it there.

If Acacia, by some wierd chance in the crap roll of the justice system, prevails, then, I will stick my foot in my mouth, but not until the verdict comes in.

If you are going to shoot from the lip, instead of the hip, take the shoe out first so we can hear what you are mumbling about.



Fight the Patent!

I think that Ken has done a good job in atleast providing communications to the webmaster community that explains Hustlers and Vivid point-of-view.

I think this is the first time that any company that settled had made a public statement that wasn't news from an Acacia PR.

I realize that Ken took a little beating on the boards, but I commend him for taking the time to respond to all posts and to be consistent in his responses (especially over the definition of litigation, which you still have wrong :Graucho )


I don't feel that boycotting people who settled is the answer. The answer to finding an outlet for this anger and frustration, and a way to show your support, comes tomorrow... stay tuned....



Fight The Patent!

Translation: my high priced patent attorneys have accomplished nothing. However, if I admit that, money for my latest online venture will evaporate.:1orglaugh

i'm sorry, i can't quite understand you, can you remove the shoe from your mouth? That's great that you removed the sock, but the shoe has to come out as well.

:1orglaugh




Fight The Patent!