Acacia - Hustler and Vivid Joint Statement

Flynt was fighting for HIS right to stay in business.... nobody elses!

I don't recall Flynt as an activist... now homegrown is a different story!

YO. Slow down, take a deeeeep breath, and READ the post before you respond.

You didn't say anything "blasphemous". You sure as hell didn't upset me. Somebody spouting off on the board is not exactly something for me to get upset about. It's a fucking webmaster board, not a seat in the Senate.

Larry Flynt never has been, and never will be, a "god", a "role model", or a "hero" to me. He's a business man, and I'm not going to condemn him for that. THAT is what I said. Nothing more, nothing less. Don't take things from my words that aren't there.

Yes, this situation and the demands made by Acacia are pure and utter bullshit. Believe me, I take no pleasure in the angst it is causing to so many companies...and individuals, yourself included. It's a raw deal, and a lot of people are going to get screwed.

You or anyone else can be disappointed all they want at the actions of Flynt Digital and Vivid, but that's just the way it is. Flynt Digital IS a business. Big business. Not an advocate for the porn webmaster. As much as you would like to think that you know exactly "how it went down", the fact is that there are facts behind these decisions that we can't even begin to imagine. So let's not pretend we do.

Am I supposed to piss and moan about two large companies doing what is best for their business? Am I supposed to be shocked that settlements were made based on information that I, nor you, have or ever will have? Should I "take a stand" on how these companies should have continued to prolong a situation that posed risks and costs that we can't even imagine, just to protect ME?

It's not Flynt and Vivid we should be angry at. If anything, your anger should be directed even more fiercely towards fucking ACACIA. THEY are the villains here...they are the worthless, profiteering assholes who sat back for years and watched as business after business became dependant on this technology. They didn't just wake up one day and say "Hey! There are people out there using something that we have a patent on! We should sue to protect our rights!". Yeah, right. The word "extortion" comes to mind for some reason.

extortion

\Ex*tor"tion\, n. [F. extorsion.] 1. The act of extorting; the act or practice of wresting anything from a person by force, by threats, or by any undue exercise of power; undue exaction; overcharge.

God love dictionary.com.

Now I know you are all poised and ready, finger twitching to click "quote"...ready to dissect my post piece by piece, each piece met by your impassioned rebuttal, to prove your point. No need. I know -exactly- how you strongly you feel on the subject, so your opinions have all been well made and duly noted...not to mention respected.

However, I don't understand why you are getting yourself all worked up and spending hours pissing with some people on a webmaster board. That is, unless you're doing it simply for the sheer enjoyment of a pissing match. In that case, I completely understand.

Flame on.

<br><br>

i just want to ask this and flam if you want ,
now does this fallow for people in other countrys that are not in the usa ?
and one other thing i like to ask , does this fallow as well if you are giving it for free , not making money off the videos ?

I am sure there is loop holes here some where , has any one really tried to find them and look for them , ya i am a bit behind on all this , and this thread has brought alot of it to speed for me , just asking some of this for i didnt read it here . SO can any one tell me on this >? that i have asked

I don't mind 12Click's insults... somebody should just tell him that I am an owner and partner and not just an employee of Homegrown.

Everyone deserves a chance to voice his or her opinion... and anyone can mess up the facts... but no one should be able to say or do what they want with out being checked out and held accountable for it.

Have to tell you Far-L watching you on these boards, I have gained a real respect for you. How diplomatically you handle people on here.

not really, you made a great post to present your views, i agree with them .....

The big players that settled are not the targets of our passionate viewpoints, it's Acacia and the OTHER patent abuse companies out there, trying to force their INTERPRETATION of a patent onto companies to license...

This is why i started FightThePatent.com not Fight-Against-Anyone-who-settles-on-a-patent-license.bomb

I think we are all on the same side of this issue.


Fight the Patent!

What you say and do will be remembered.
He may get a boost in his "15 minutes of fame" ...
but it will be remembered ...

and so will those who settled so fast ...
it will be remembered.

Acacia has patents filed internationally, check out their page:
http://www.acaciatechnologies.com/patents.htm


Even if you offer videos for free, you are infringing upon their patent claims.

Feel free to check out my website and post any questions you have.. don't worry if your questions are duplicates, i realize the thread gets long and buried under all of our postings, and i will help to answer your questions.


Fight The Patent!

What?? No patents filed in Canada?

That is a major compliment, thank you!

Whatever, makes my stock go higher.

I believe US patents automatically extend to Canada..


Fight The Patent!

Ripped directly from an AVNonline article:


"They...clearly have the resources to stay in the litigation," Berman said. "Their decisions to enter into licenses with Acacia should send a message to the rest of the adult industry about the strength of our patents. Other companies have the same opportunity to benefit from our introductory rates if they act before November 30."




That sounds like pimping them out to me.....



Spike added his comments at the of the article:
http://www.avnonline.com/issues/2003...100703_1.shtml





Fight the Patent!

Summary of all of this stuff for those tuning in late:

-Acacia is one of 3 companies that have similar claims to owning the patent process to streaming/downloading audio/video files from a web server

-There are many other patent abuse cases out there that will affect webmasters's business. Some adult webmasters/companies have their own set of patents and may surface in the future with Acacia-like approaches.

-If you have any kind of audio or video on your website, Acacia has INTERPRETED their patent by requiring websites to license their patents.

-Acacia's patents are filed internationally: http://www.avnonline.com/issues/2003...100703_1.shtml

-Acacia licensing fee structures: http://www.acaciatechnologies.com/te...t_adultent.htm

-Most of the big players have settled, leaving everyone else to fend for themselves.

-Affiliates of sponsors are "protected" from being targeted by Acacia, but if you have multiple sponsors, then you could still be liable for contributory infringement... no one knows what they mean by this or how they can require an person driving traffic to various sponsors to pay license fees for their "technology"

-Many have expressed disappoint that Larry Flynt did not fight for the industry, and the perception is maybe he was only fighting for HIS 1st amendment rights to run HIS business

-Ken is NOT a PR hack

-Far-L and homegrownvideomof are from HomeGrownVideo.com, one of your peers that are fighting Acacia's patent infringement claims. They are waiting for their day in court.

-FightThePatent.com ("FTP") is a website to get information about the many patent abuse cases. FTP is a one-man crusade to bring awareness to these issues and to help find prior art to help invalidate the patent. FTP believes that their is prior art to invalidate the patent claims. (FTP is a techie, not a lawyer).

-IMPAI.org was formed to look out for the industry about issues that affect webmasters.

-FightThePatent.com will be releasing news later today on it's movement to help fight against patent abuse cases.




Fight the Patent!

I'm not sure, looking at Canada's patent website FAQ they say
http://strategis.ic.gc.ca/sc_mrksv/c...aq_pt-e.html#i

"Patent laws are national so you must obtain a patent in each country in which you want protection."

i am still searching.. can't seem to find the definitive answer... it does appear that one would need to file in Canada as well...

but, i don't think this is a loophole... that if you base your company in canada that you can escape the infringement claims... since you will most likely be doing with US companies and website visitors, that you would stil be able to sued across the border.




Fight the Patent!

it's all Robert's fault for allowing him to have enough $$ to pretend he's somebody.

those who know, know.

You would be hard pressed to go into Canada as a foreigner and attempt to sue a Canadian business over a patent that isn't registered.

Especially if your core business appears to be aquiring and suing over patents you don't actually use or produce anything with and shouldn't have in the first place.

Going off-topic for a moment:


I will be on TAW talk show at noon PST at http://www.theadultwebmaster.com/radio

to talk about:

http://www.FightThePatent.com/go






Fight the Patent!

There is good adult hosting in Montreal and adult companies based in Montreal, Toronto and Vancouver. How have they responded? Did any of them settle?

How is Acacia going to file something against them there without a registered patent?

I'd be interested to hear if anyone in Canada got a "packet" from Acacia.

A friend of mine, chezchris.ca told me he recieved the packet. This is like the people that send things that look like invoices. They just hope people will send money to them without checking into it.

I believe there are several treaties beetween US/Can over intellectual property, but that is very weak ground to be suing over. Especially when the intent is extortion in the form of licensing fees, not cease and desist.

I'm sure they want to focus their money on suing American businesses at the moment.

Hello all,

All the work that I have been doing in the last 60 days to bring awareness and find prior art has come to this fine moment of presenting to the adult webmaster the community, the opportunity to form a unique organization, a non-profit (501c3) entity whose focus is to help defendants in patent abuse cases find prior art evidence and expert witnesses, as well as to help invalidate bad patents directly with the USPTO.

More info here: http://www.FightThePatent.com/go



Fight the Patent!

Hi all,

New member here and I received that acacia letter by regular mail and it's kinda ironic as to me finding out about them through the regular mail.

I've been sending emails and faxing the letter from acacia to the companies that they listed in the letter. I think that acacia is only attacking the companies on this patent thing and not the affiliates itself and I'm saving any mails or emails from acacia for my hardcopy records.


I market my own adult website and have made changes every now and then and I finally decided to keep the site as it looks. If your curious and want to send comments I'd more than welcome and value your good honest opinions.

Thanks
Have a great day

Mr. James V.Dorsey
Owner/Webmaster: Jvdorseynetwork.com
SiteName: Get your rocks off
http://www.jvdorseynetwork.com/welcome.html

It's not ironic.. it's just human nature.. most of us don't pay attention to news items unless it hits us on the head, or show up in your mailbox.

I admit that I didn't pay attention about Acacia until August 12th, when i finally did pay attention and I started my activism against patent abuse at http://www.FightThePatent.com

Get up to speed by reading my website and the FAQ thread i am posting into at: http://www.gofuckyourself.com/showth...hreadid=190214

You do know that we sent a monkey up into space right? Next step is they are thinking about sending a man to the moon. It will certainly be one big step for mankind when they do it.



Fight the Patent!

Berman said this on the D$ show..

"We're only looking to collect on the income stream Once.. You can't collect multiple times on an income stream.. It's simply not allowed.. It's patent issues"

Then he answered this question:

"The affiliate marketer, who makes revenue from the site.. He's not gonna have to pay because the partner program's already paying?"

by saying:

"If the website (affiliate program) is paying us, we're not gonna also collect from the affiliate.. It's either gonna be from one or the other."

And for the record.. he was using the term, "affiliate" as we use it.. just as stated..

So by his own statements.. ANY sponsor who cuts a deal with them has removed liablility from their affiliate webmasters.. Not just Hustler and Vivid..

Unless of course he lied.. on record..

do you have the archived file? if so, could you email to:
brandon at fightthepatent.com?



Fight the Patent!

I can also see these same people contributing to Acacia to try to knock off some of the competition.. just not being made public..

Oh well.. Their rates are.. from $1-whatever, then you owe $1500..

They don't say from $0...

They base it on money made.. so if there's no money made, that should really be a healthy feather in their cap to say that they settled with a site that paid $0 for a license.. based on that site's income..

But they'd probably do it just to say another one settled..

Ok so I read all this...... nice long thread.

Very interesting debates between certain folks with others jumping in attempting to seem important..... So far so good...

An issue still lingers ......

The vast majority here are very small potatoes in comparison to those trying to fight. Those trying to fight must also realize that if they lose they are going to have very serious problems ahead. They are not stupid. This means they have fully weighed all the options and have a damn good feling about what they are doing.
(I don't think all the messages back and forth gave them enough credit for sticking their necks out like that. It is truly commendable)

I am a little piss-ant webmaster that streams videos and has received the "letter". I can afford to pay them but feel it is borderline evil to do so regardless of whether they own the patent or not. If I buy a piece of software from a large well-established corporation that has allegedly abused someone else's patent I really fail to see why I am responsible. That is like buying a car and having someone sue you because you are sitting in the bucket seats that they invented 73 years ago.

Will we know well enough in advance how this is going so as to prepare accordingly? I cannot afford a top, top patent attorney that will be fully aware of this case and who could direct me accordingly. Without any prior cases, decisions etc etc. he will have to research and yada yada freakin' $$$$$$$$$. In other words, if I/we stay put waiting on the decision and it is negative, them we too will be "up the creek" completely. Perhaps Acacia will purposely seek delays so as to automatically go over their deadline and then go for blood if they win???

I realize that I am taking the piggy-back approach to this but that is all my pocket can afford, so that is all I am doing.

If someone could share any light on this it would be appreciated.

Thx.

catch up on all things acacia in the thread titled: FTP's Acacia FAQ:

http://www.gofuckyourself.com/showth...hreadid=190214



Fight the Patent!

the whole acacia thing is a bullshit stock scam...

hustler and vivid probably bought a bunch of acacia stock on margin and sold it after announcing..

the licensing fees are paltry, i'm sure.. how much did they actually pay? i'm sure they won't say.

I really must admit I admire 12clicks and his ability to type page after page but never really say anything.

39 years old and still arguing for the sake of arguing.

so true!

He's good at stirring the pot

Then just to fuck with me, please, send FTP your money.

Thanks for verifying AGAIN, that you don't read any of my posts and have no clue about my efforts.

You have failed to "expose" me as evident in the 12clicks vs. Fight the Patent thread (http://www.gofuckyourself.com/showth...hreadid=188695)


I am not accepting any money, only pledges.... if you are going to make a potshot, atleast be factual.

Did you get a sweetheart deal with Acacia, or did you just get the Standard rate?


Fight the Patent!

what was the deadline your wife gave you before you have to go and get a real job?
this whole scheme to create a job for yourself out of the acacia scare doesn't seem to be working out.

Did you use a black or blue pen when you sign licensing agreements?


Fight the Patent!

wow, 5 days with no new pledges.
I guess the jig is up, eh?

You must have traveled back in time because the pledge counter below shows last update at 10/28 4:12pm

My calendar shows it's the 29th.


Oh wait, just got a $50 pledge in now, so i'll be updating the counter shortly...

The only jig that is up, is your attemps at trying to expose me as a fraud or a scam.

Maybe you could change your tactic to post something of use to people?

Like maybe a list of sponsors that you support. This way webmasters who couldn't afford to pay Acacia the license could atleast keep in business by signing up with affiliates programs where they won't need a patent license (since the sponsor settled).

Being the good businessman you are reported to be, you would have made sure to cover your ASSets with this whole Acacia mess... please share your knowledge to help all those newbie webmasters that you seem to try and "protect" from frauds.


Fight the Patent!

If everyone promotes just Hustler and Vivid how does that help or protect anyone? Everyone that comes to your site will already have a Hustler or Vivid membership, duh

12clicks, you're the only one on this thread making sense.

Does anyone have a contact number or email for Ken from Hustler? Thanks in advance.

You must have missed it from page 3: [email protected]



Fight the Long Threads!