50 settling sponsors
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no you cannot know what im promoting you nosey fucks! -
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
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Soon, the question might be quicker answered by asking who is not.Originally posted by TheEbonyFelony
so who is playing judas among us?Comment
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Originally posted by Mr.Fiction
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
no you cannot know what im promoting you nosey fucks!Comment
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Originally posted by Ken
The answers do matter
1. They WERE in litigation with Acacia. They were served with a lawsuit quite some time ago and thus litigation began. Might want to check the dictionary again on this one. Litigation has nothing to do with going to court. By definition, it is "To engage in legal proceedings"
2. Hustler and Vivid don't take lawsuits lightly, nor do they settle quickly. They put up quite a costly fight and even during settlement talks, they fought long and hard for terms that they could live with and that would allow their affiliates to feel no pain.
3. I'm not sure if you've ever been in patent litigation before, but just to respond to the initial lawsuit cost more than $10,000. I meant what I said in terms of what they spent. Hustler and Vivid use a team of top attorneys, which results in very large legal fees.
4. I said they originally chose not to join that group due to differences in how to approach the issue, different agendas, different legal teams, etc. Under their licensing agreement, they are now prohibited from funding a lawsuit against Acacia. Trust me.....this is one issue we fought for that we did not win on.
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.HOMEGROWN CASH, sponsor site of Homegrown Video - The Largest Collection of Amateur XXX
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Cream Pies...Comment
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This industry blows farts every day now it seems.
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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.Originally posted by TheEbonyFelony
so who is playing judas among us?
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:
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No, I can't imagine them doing any "less" for the industry. This is about as "little" as anyone could ever possibly do.Originally posted by Hooper
A very professional decision and response, would you expect anything less from hustler & vivid?
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.War National Damn Champions EagleComment
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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.Originally posted by Mr.Fiction
This is very disappointing.
Are Hustler and Vivid giving a lot of money to the fight against the patent or not?
CE Cash signed, but I believe they also said they would help fund the fight against the patent.
Ken, please tell us that Hustler is doing the same.
I don't know where this popular misconception started but I would like to put an end to it for once and for all.HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
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I think we know where this popular misconception that CE is helping in your noble fight started Far-LOriginally posted by Far-L
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 moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!Comment
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Sometimes you just have to read these posts and laugh.Originally posted by Squirtit
Ken you keep asking us to trust you. I have no problem with that once I know your credentials. Care to offer any proof of your part in these proceedings?
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What about Cashquest? Did they settle?Comment
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Originally posted by Far-L
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.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.
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quote:
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"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.HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
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Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."Comment
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Originally posted by Ken
As most of you know, Hustler and Vivid recently signed a licence agreement with Acacia. After spending a large sum of money fighting this lawsuit, they settled for one simple reason, because it was the right business decision. It was the right decision for them and for their affiliates.
Hustler and Vivid have built their companies into what they are today by making a series of good business decisions over a long period of time. Some of these decisions have allowed others (including most of you) to greatly profit from the adult industry. There is a time and place to fight and it would be wise to have more faith in companies who have proven themselves over the course of time, rather than make uninformed decisions based on very limited information.
Hustler and Vivid share one common goal. That goal is to be a stable force in this very unstable industry and to provide affiliates with a "safe haven" for their traffic. Safe from attacks by Acacia or anyone else who might want to harm their businesses.
As part of their settlement agreements, all FlyntDigital and VividCash affiliates are indemnified from paying Acacia fees for traffic they send to these programs. This was a condition that was not given up easily and that Hustler and Vivid spent a lot of time and money negotiating for. Therefore, if Acacia decides to go after affiliates for "contributing" to the infringement of their patents, Hustler and Vivid affiliates will already be protected.
In addition, Hustler and Vivid are simply absorbing the additional fees they have to pay Acacia and will not pass on any of these fees in the form of lower payouts, etc. Therefore, the "attack" by Acacia will have no financial impact on Hustler and Vivid affiliates. That was their goal and it has been accomplished.
Having said that, the settlement by Hustler and Vivid by no means validates Acacia's patents. That can only be done in a court of law. Hustler and Vivid respect and support the decisions of the groups who have decided to fight Acacia. We hope they achieve their end goals, whatever they might be. We have achieved ours in our own way, which we ultimately believe will best serve our affiliates and business partners.
A few months ago, when other programs tried to lower payouts because of new Visa/MasterCard regulations, what did Hustler do? They raised payouts, which caused most of their competitors to back peddle and keep their payouts the same. That single decision on the part of Hustler, put hundreds of thousands of extra dollars back in the pockets of affiliates. Why? Because Hustler made the right business decision for them and for their affiliates, which caused their competitors to remain competitive. Who was the big winner from Hustler's decision to raise payouts? Affiliates were......many of which were not even our affiliates.
In these uncertain times, Hustler and Vivid are companies that affiliates can depend on over the long term. This industry is under attack from every angle and it's going to get a lot worse before it gets better. Who do you think will survive and who will be able to make their affiliate payouts, regardless of what comes their way?
My money is on Hustler and Vivid....
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.
http://www.smsvid.comComment
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Originally posted by smsvid
Software patents really suck. I cannot think of a worse kind of patent then this.
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!
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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?Got Gay and For Women Traffic?
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Originally posted by basschick
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!
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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.Last edited by tony286; 10-06-2003, 06:13 PM.Comment
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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.
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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!
Last edited by Marc De; 10-06-2003, 09:20 PM.Comment
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Marc De: We are a content provider and we do not infringe.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."Comment
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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...Comment
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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.<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>
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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
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<CENTER><IMG SRC="http://www.mardi-gras-flashers.com/33orglaugh.gif"></CENTER>Originally posted by Deeprub
Ken
...dont cluck like a chicken and say you are a guard dog.
Deeprub
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Marc De: I know you know that but just making sure everyone in the nosebleed seats got it too...
HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
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Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."Comment
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Originally posted by Deeprub
Larry Flynt has always stuck up for his rights.
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!
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And pigs can fly. WEEEEEEEEE!Originally posted by Ken
In addition, Hustler and Vivid are simply absorbing the additional fees they have to pay Acacia and will not pass on any of these fees in the form of lower payouts, etc.[/B]
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Please don't insult our intelligenceOriginally posted by fiveyes
he's doing what any good PR hack would do, putting the best possible spin on his employer's actions. <b>I don't have to point out that he's doing a great job of that, two years experience shows for itself.</b>
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Bingo.Originally posted by fiveyes
<CENTER><IMG SRC="http://www.mardi-gras-flashers.com/33orglaugh.gif"></CENTER>Comment
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So fucking what. You would have made a different decision?Originally posted by FightThisPatent
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.
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>Comment
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You aren't even allowed to donate to anyone fighting this patent now?<a href="http://www.adultcontent.co.uk">Adult Content UK - Great British Content</a>Comment
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Originally posted by MagicksAntics
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>
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!
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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.
Ever notice that pretty much everything added to the Constitution after the original was a mistake.Comment
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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.Last edited by goBigtime; 10-07-2003, 09:10 AM.Comment
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.Comment
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Originally posted by rooster
Then they had their top notch lawyers spend time on sweetening the sweetheart deal instead of fighting.
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!Last edited by FightThisPatent; 10-07-2003, 09:33 AM.
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That's what Ken is reporting that was in their licensing agreement.Originally posted by FATPad
You aren't even allowed to donate to anyone fighting this patent now?
Sounds wierd huh?
But of course there are such things as private and anonymous donations..
Fight The Patent!
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We will see soon enough...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."Comment
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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...Originally posted by goBigtime
[B]
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.
so 50% of the savings, taking into account amortization over time, leaves their contribution to IMPA to like
Fight The Patent!
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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.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
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Originally posted by rooster
This is turning into a very sleezeball , bottomfeeding industry. Im reminded of the scarface quote. "Lesson 1: Never underestimate THE OTHER GUYS GREED !"
Lesson #2: see Lesson #1
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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 ), 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!Last edited by FightThisPatent; 10-07-2003, 09:38 AM.
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what victories have your so called "patent attorneys" achieved thus far?Originally posted by homegrownmof
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.
yeah, I thought so.
I'm not a dinosaur, I'm a crocodile. I've seen dinosaurs come and go and I'm left unimpressed.Comment
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Ken's a PR Hack in the same way you're a somebody in this business.Originally posted by fiveyes
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.
I'm not a dinosaur, I'm a crocodile. I've seen dinosaurs come and go and I'm left unimpressed.Comment
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Originally posted by 12clicks
what victories have your so called "patent attorneys" achieved thus far?
yeah, I thought so.
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!
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Originally posted by 12clicks
Ken's a PR Hack
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 )
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!
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Translation: my high priced patent attorneys have accomplished nothing. However, if I admit that, money for my latest online venture will evaporate.Originally posted by FightThisPatent
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'm not a dinosaur, I'm a crocodile. I've seen dinosaurs come and go and I'm left unimpressed.Comment
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Originally posted by 12clicks
Translation: my high priced patent attorneys have accomplished nothing. However, if I admit that, money for my latest online venture will evaporate.
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.
Fight The Patent!
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