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!

100

Translation: when confronted with the truth, I'll talk about shoes, socks, anything to dodge the truth.:1orglaugh

In all fairness, Homegrown and the rests' attornies haven't had their chance in court, so there isn't much they could have accomplished yet, other than preparing for the trial.

You are a fucking worldclass douchebag.

"So-called" patent attorneys? They are the #1 ranked patent firm in the country.

We haven't been to court yet.

Why are you even butting into this thread when you don't know what you are talking about?

Ok, now i think i can understand you... you think I have patent attornies who are litigating against Acacia.

I don't. I just write emails and post messages.

As far as seeking/speaking the truth? Please share some.

I am sure that somewhere within your posts that there is concern for yourself and your fellow webmasters for the use of audio or video.

I hope that as more facts and truths are presented that you will come around to be not so antagonistic towards those that are trying to fight for your rights.



Fight The Patent!

12Clicks: How terribly misinformed you are. Our answer is that we are going to court and we aren't going to do that because we plan on losing.

Take time to read the following:



court docs...

I appreciate where you are coming from but I suggest you get a clue....

Yet they're so sure vivid and hustler have done the wrong thing. odd.
how about when acacia stats cherry picking WMs over patent violations while the snipe hunt is still under way?
you think if fatpad gets sued mr."fightthepatent" will share his money with you to save you?
don't hold your breath. Vivid and hustler, however, have just given you protection at their expense. (not empty promises, real protection)

mof, meet 12clicks.

wow! you must work closely with your attorneys!

Look son, I'm sure you're all that and a bag of doughnuts but as of yet, you've accomplished nothing and protected no one.
If you don't have anything positive to say about ken, vivid, or hustler, either be prepared to listen to your betters or piss off.:1orglaugh
YOU don't belong butting into this thread because as of yet, you've done NOTHING.
you got prior art? go present it, you'll get an injuntion the same day.
don't want to do it yet? why? not enough donations?

Yup, they have handed out condoms to all of their affiliates.

Please wear them for your protection when engaging in interaction with sponsors who haven't settled.

Fight The Patent!

see, telling the truth isn't hard.

I suggest you get a clue. Your betters are settling for a reason. You don't like their reason, fine. Don't expect everyone to like yours.
There's really no reason for you clowns to be in this thread. Ken is letting people know whats going on. when you're out asking for money for your pipe dream, Ken's not in that thread badmouthing you.
if you understand that, you understand my position.
It has nothing to do with you being right. I want you to be right.
How dare you badmouth others far choosing a different resolution?
The idea that you've got the only attorney worth his money is laughable.

If and until the patent is overturned, they are breaking the law engaging in interaction with sponsors who haven't settled.
do you explain that to them?

I talked to Far-L on the phone a little over a month ago. From what I've gathered, Homegrown's lawyers (Fish and Richardson, not exactly a firm to be classified as "so called patent lawyers" :winkwink: ) believe they have a good chance. So yes, they would probably tend to think that anyone who settled did the wrong thing.

Does it mean they will win for sure? Nope. Trials are always risky. That's part of Acacia's plan.

Homegrown's attornies not accomplishing anything as of this minute doesn't mean that Hustler and Vivid did the right thing or wrong thing. Who won and who lost will be clear only after the trial.

I'm kinda confused how this protection works. How do they measure your degree of protection? Revenue as a percentage of my revenue? Percentage of clicks sent to sponsors? Clicks as a percentage of all my traffic?

It appears that Ken is no longer part of his own thread :1orglaugh

12Clicks: You have zero understanding of the process involved here and I am not about to educate you.

Your spurious comments border on nonsense.

Take the settlement with the others if you agree with the patents or think it is a good business decision.

Nobody is stopping you.

You clearly do not understand how patents work.

Acacia makes a claim, it's not a law, it's a claim. And only a court of law will determine if their claim is true or not.

If affiliates are using sponsors that don't have licenses, they can be considered BY ACACIA, to be infringing their patent claims, but you won't find the Police or FBI shutting them down.

You do know that the law is enforced by the law enforcement right? So if anyone that has audio or video right now is really breaking "the law", don't you think that law enforcement would shut them down?

So just like you can type what you want, however misinformed, ignorant, or just plain owned, and Acacia can claim anything they WANT their patent to mean, it isn't law.. .it's a civil dispute.

Much like we are having a dispute on viewpoints.

I do post alot, i do try to bring awareness to the issues. How much research have you done? Have you read their patent? Have you even read my website? Granted, i present a biased point of view, but the way to truly make an informed decision is to see both sides.

The only side you seem to be looking at is the bottom sole of your shoe and wondering should you spread peanut butter or margarine on it before sticking it back in your mouth.


Fight The Patent!

Look you idiot, this isn't TV land where the case goes in front of a judge the next day.

And there are good reasons not to just throw all our prior art over to Acacia. But you need to not be an idiot to understand this.

You are woefully ill-equiped to make any points regarding Acacia claims and the stance of the Defense Group.

I admire your effort to defend Ken, although it borders on ass-kissing.

Besides, nobody was attacking Ken, just taking issue with some perceived implications in the PR.

You call me "Son"? I'm 38 with a degree from Stanford.

Idiot.

12Clicks: I am not badmouthing anyone for settling... just questioning the way that they try to spin it.

You can spin this anyway you want. And you are an anon so that shows how little you care to stand behind your words.

There are plenty of others out there that are fighting this independant of our efforts and they have excellent counsel too. They are fighting because they know too that the patents are invalid.

What is your stake in being part of this thread anyway?

Ken and I enjoyed a healthy debate of the points and each made valid points and criticisms. What do you bring to it?

you've said that twice now. a few more times and the dopey amoung us might start believing it.

No, you deciding the merits of vivid and hustler's decisions border on nonsense. do I need to remind you what *they've* done in this business and what *you've* done? The comparison would be laughable.
They've done what they think is best for themselves and their affiliates. If you've got another idea, you run along now and work it. Nobody is stopping you.
You and your buddies want to badmouth your betters for making a decision that you haven't, don't expect everyone to agree.
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