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Old 10-08-2003, 12:27 PM   #1
homegrownSpike
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ACACIA/HUSTLER settlement- a response

The decision by Hustler, Vivid, and Wicked to settle with Acacia means only that these companies have made a business decision, and as Ken pointed out, does not mean that they believe Acacia?s case has any merit?as Acacia would like the Internet community to believe. These three companies are not large players on the Internet stage. The bulk of their business comes from non-Internet sources, so for them it made sense to pay Acacia rather than paying attorneys to defend against Acacia?s attack on our industry.

If you are freaking out about this settlement, then you are doing exactly what Acacia wants you to do. Acacia?s strategy from day one has been to offer to settle for just a little less than the cost of defending against their lawsuit. In this way, Acacia believes it can generate profits without having to expose its patents to the scrutiny of the Court. The Joint Defense Group has countered Acacia?s strategy by pooling resources. The Hustler group chose not to join the Group and was faced with the decision of paying attorney fees to its First Amendment attorneys (they did not hire patent attorneys) or paying Acacia to make them go away?they chose to pay Acacia off.

Anyone under the impression that the Acacia fight would be won because Hustler would bank roll the defense simply does not understand the industry. Larry Flynt did not make his money on the Internet. He has little direct interest in the outcome of the litigation because he can pay Acacia a few thousand dollars and be done with a multi-year annoyance. This fight is going to be fought and won by the companies that are still in the mix, and if you think Acacia is not worried--think again! How important can their patents really be if Acacia needs to keep making ?special deals? to get any money from anyone? Recall, Acacia?s plan is to make $200 million per year on these patents and last quarter it made $19,000. What more concrete proof do we need that the sky is not really falling?

What we need to focus on is that our industry will never be taken seriously until we learn to work together. The best defense against companies like Acacia who tell you that it is cheaper to pay them than paying attorneys is to come together as a group and share the costs of defense. Acacia may be the first company to view our industry as a ?fragmented? group of ?business amateurs,? but it will not likely be the last. Unless we want to see our profits going into the pockets of others 2% of gross at a time, companies in our industry need to recognize that we share common interests.

The simple fact remains that this case will be won by small companies working together toward the common good. This is why we continue to need your contributions, no matter how small, to fight this fight. Mainstream companies will not be our salvation because Acacia knows better than to sue companies with the money to kill its patents. Large adult companies will not be our salvation because they can pay a few dollars for peace of mind and continue to make their money outside of the Internet. The simple truth is that it will be the small guys who are going to fight this fight even though we are the least able to do it.

The best thing that I have seen from this case is the willingness of the small companies in our industry to step up to the plate and fight for what they believe is right?that is what leadership is all about. Our industry is obviously not going to be able to depend on the leaders of yesterday because the Internet is not the key to their businesses. The Internet industry needs leaders focused on what is in the best interest of the Internet. If you have an interest in continuing to build our industry--get informed, get involved, and take a stand. Because the business you will be saving will likely be your own, I urge you to join the IMPA, read the postings on ?Fight the Patent,? and donate your time and money to fighting an unjustified and ill-motivated attack on our industry.
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Old 10-08-2003, 12:32 PM   #2
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Old 10-08-2003, 12:33 PM   #3
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You got my support!
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Old 10-08-2003, 12:35 PM   #4
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Old 10-08-2003, 12:37 PM   #5
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Would be great if Lensman allowed us to add a link to the IMPAI site in our sig. I added the link to my existing sig once, but they took out my sig.
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Old 10-08-2003, 12:39 PM   #6
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Originally posted by Sly_RJ
Would be great if Lensman allowed us to add a link to the IMPAI site in our sig. I added the link to my existing sig once, but they took out my sig.
That can't be correct ...
I've linked to IMPAI.org like many other have ...
brb
gone to check
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Old 10-08-2003, 12:40 PM   #7
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Well said. A week ago I knew nothing about ACACIA; now I have researched and you hit the nail on the head. Would you mind posting a link to join IMPAI? I don't have it.

Thanks
James
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Old 10-08-2003, 12:40 PM   #8
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Originally posted by sexeducation


That can't be correct ...
I've linked to IMPAI.org like many other have ...
brb
gone to check
I'm talking about adding it to my current sig. I had one line too many.
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Old 10-08-2003, 12:41 PM   #9
sexeducation
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I'm talking about adding it to my current sig. I had one line too many.
Oh sorry ...it's working from my sig.
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Old 10-08-2003, 12:42 PM   #10
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Originally posted by sexeducation


That can't be correct ...
I've linked to IMPAI.org like many other have ...
brb
gone to check
Shut the fuck up Pedo!
You are not wanted or welcomed on this board or in any thread!
FOAD!
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Old 10-08-2003, 12:44 PM   #11
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Shut the fuck up Pedo!
You are not wanted or welcomed on this board or in any thread!
FOAD!
I wasn't going to post in this thread.
And your post was the reason.
And the reason I will not post again.
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Old 10-08-2003, 12:46 PM   #12
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I wasn't going to post in this thread.
And your post was the reason.
And the reason I will not post again.

Good, child fucker! Get the fuck out of here!
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Old 10-08-2003, 12:49 PM   #13
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Good, child fucker! Get the fuck out of here!
Stop being a retard. You're ruining a GOOD and IMPORTANT thread. This thread isn't about sexeducation. It's about the future of our industry.
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Old 10-08-2003, 12:52 PM   #14
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Stop being a retard. You're ruining a GOOD and IMPORTANT thread. This thread isn't about sexeducation. It's about the future of our industry.
Get a grip Sly! I and others will do what it takes to keep that pedo off of this board. Carry on with your thread. He's gone, which was the point of my post. Like no one ever gets "off topic" on threads on gfy anyhow!

You've got the thread back, don't waste time trying to chastise me.
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Old 10-08-2003, 12:59 PM   #15
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Get a grip Sly! I and others will do what it takes to keep that pedo off of this board. Carry on with your thread. He's gone, which was the point of my post. Like no one ever gets "off topic" on threads on gfy anyhow!

You've got the thread back, don't waste time trying to chastise me.
methinks he doth protest the pedo too much
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Old 10-08-2003, 01:01 PM   #16
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Get a grip Sly! I and others will do what it takes to keep that pedo off of this board. Carry on with your thread. He's gone, which was the point of my post. Like no one ever gets "off topic" on threads on gfy anyhow!

You've got the thread back, don't waste time trying to chastise me.
Stupid newbies.
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Old 10-08-2003, 01:07 PM   #17
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great post
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Old 10-08-2003, 01:07 PM   #18
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yea, this whole sexeducation thing needs to end, lensmen should do some bannings. not so much aimed at him, but the babies that bitch about every post he makes.
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Old 10-08-2003, 01:11 PM   #19
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YES FUCK ACACACACACA,

yes i said CaCa, like shit u know?

keep up the good work and send this jew business down the hole and back to slavery.
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Old 10-08-2003, 01:24 PM   #20
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Old 10-08-2003, 01:36 PM   #21
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" Acacia may be the first company to view our industry as a ?fragmented? group of ?business amateurs,? but it will not likely be the last. "

You are right! I think we we need to become cohesive and meticulous in our approach regarding attacks to our industry. All adult companies need to support eachother in these hard times. HomeGrown has done a standup job in leading this fight and they have my full support. Good work guys!

People should not forget that Microsoft just lost over 1/2 Billion-dollar lawsuit regarding a plug-ins patent. ( More info There are other companies claiming video patents out there that will follow Acacia, regardless of Acacia?s success.
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Old 10-08-2003, 02:25 PM   #22
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Ok, Back to the topic. Great and informative Post Spike
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Old 10-08-2003, 02:35 PM   #23
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Originally posted by MetaMan
YES FUCK ACACACACACA,

yes i said CaCa, like shit u know?

keep up the good work and send this jew business down the hole and back to slavery.
"Jew business?" What kind of fucking twelve year old ignorant wanabes hang out in this place now?

Good thing the ignore feature still works.
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Old 10-08-2003, 02:47 PM   #24
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It is hard for the little guy to contribute when the majority of people promote the companys that have already signed a license.
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Old 10-08-2003, 03:14 PM   #25
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personally I have pretty much lost all respect for the companies that settled. I can understand the business reasons they did it (a sweet deal vs spending thousands on attornies, then sit back and watch your competition get fucked with) but sometimes a bully has to be stood up to.


Acacias plan is flawed. Everyone they are getting to sign a deal is just a sweetheart deal where there not making much money. What are they going to do, give sweetheart deals to every big company? Eventually they are going to have to stop giving the sweetheart deals and try to get a real license from a big boy. At this point I dont see that happening.

Eventually the investors have to say, "hey bobby, your pissing thru millions of dollars and nothing is coming in. When is this scheme of yours going to actually start making a profit?"

The answer is never
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Old 10-08-2003, 03:19 PM   #26
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Start a list of who settled and who's in the fight!
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Old 10-08-2003, 03:29 PM   #27
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Unfortunately, Acacia is not the first to see us as fragmented and an easy group to rape. Merchant banks, at the prompting of Visa and MC, cut us out from the general merchant herd a few years ago. We have been targetted by them for some time now. My license fee to Acacia would be half the fee I will pay to be 'certified' as an adult online merchant for a new merchant account, regardless of whether I was 'certified' for my last merchant account.
ISP's also created special rules for us years ago... creating rules applied to no others and charging us special fees.
Now, the Attorney General is launching a campaign as well with 25 new attorneys to do nothing but go after obscenity on the net.
We definitely need a group like IMPA - but we need to work together on ALL these issues. I am offering more than money to IMPA, I am offering my time to research the law, lobby my representatives, and start lobbying my peers so we can present a unified, cogent opposition. I encourage all of you to consider what you can do for this cause.
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Old 10-08-2003, 03:54 PM   #28
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Spike, excellent post!

let me know if you can use some of my time, this is a serious offer for a serious cause.

ICQ is in the sig

I also agree that a thread needs to be started on which companies have contributed, some of us webmasters would help support THEM also.
ie: graphic designers, web hosts that cater to adult wms, content providers, etc ...
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Old 10-08-2003, 04:15 PM   #29
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Quote:
Originally posted by Strokeman
Unfortunately, Acacia is not the first to see us as fragmented and an easy group to rape. Merchant banks, at the prompting of Visa and MC, cut us out from the general merchant herd a few years ago. We have been targetted by them for some time now. My license fee to Acacia would be half the fee I will pay to be 'certified' as an adult online merchant for a new merchant account, regardless of whether I was 'certified' for my last merchant account.
ISP's also created special rules for us years ago... creating rules applied to no others and charging us special fees.
Now, the Attorney General is launching a campaign as well with 25 new attorneys to do nothing but go after obscenity on the net.
We definitely need a group like IMPA - but we need to work together on ALL these issues. I am offering more than money to IMPA, I am offering my time to research the law, lobby my representatives, and start lobbying my peers so we can present a unified, cogent opposition. I encourage all of you to consider what you can do for this cause.

I agree, we all need to present a unified front and really win this thing, so that we can stop being easy targets of so many mainstream companies. I also think it's great that you are helping out in this fight. I am sure a lot of people don't really know where to start.
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Old 10-08-2003, 04:45 PM   #30
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Quote:
Originally posted by rooster
personally I have pretty much lost all respect for the companies that settled. I can understand the business reasons they did it (a sweet deal vs spending thousands on attornies, then sit back and watch your competition get fucked with) but sometimes a bully has to be stood up to.
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Old 10-08-2003, 05:01 PM   #31
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Well said Spike.
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Old 10-08-2003, 05:04 PM   #32
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yea, this whole sexeducation thing needs to end, lensmen should do some bannings. not so much aimed at him, but the babies that bitch about every post he makes.
It would be great if there was an "ignore" feature so that specified posters would not appear when a thread is displayed.
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Old 10-08-2003, 05:19 PM   #33
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It would be great if there was an "ignore" feature so that specified posters would not appear when a thread is displayed.
RTFM, there is one.
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Old 10-08-2003, 05:22 PM   #34
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Well said
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Old 10-08-2003, 05:32 PM   #35
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Speak the word, brother Goldberg!!! Speak the word!!!!
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Old 10-08-2003, 06:05 PM   #36
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Great post Spike!!

I had the great privilege of spending alot of time talking with Spike in Florida. He is an extemely intelligent guy, and I am sure someone Acacia didn't plan on fighting against.

I keep hearing people say they will boycott companies who sign deals with Acacia. I won't go into that whole thing...but if you agree with HomeGrown's stance, and realize they are the biggest fighters against Acacia (not the only, but the biggest)...why not promote the shit out of HomeGrown and help them in that way? If you can't donate, promote!! Show your appreciation and support by doing that.

HomeGrown won't give in, and I applaud them hugely for standing up and taking a big stand...when they could have easily (probably) signed a sweetheart deal. All of them have huge respect coming from me..and we should all applaud there efforts.
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Old 10-08-2003, 06:58 PM   #37
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It will be interesting to see Acacia's next quarterly earnings report.
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Old 10-08-2003, 07:04 PM   #38
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Support Homegrown!
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Old 10-09-2003, 02:18 AM   #39
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Originally posted by malakajoe
Great post Spike!!

I had the great privilege of spending alot of time talking with Spike in Florida. He is an extemely intelligent guy, and I am sure someone Acacia didn't plan on fighting against.

I keep hearing people say they will boycott companies who sign deals with Acacia. I won't go into that whole thing...but if you agree with HomeGrown's stance, and realize they are the biggest fighters against Acacia (not the only, but the biggest)...why not promote the shit out of HomeGrown and help them in that way? If you can't donate, promote!! Show your appreciation and support by doing that.

HomeGrown won't give in, and I applaud them hugely for standing up and taking a big stand...when they could have easily (probably) signed a sweetheart deal. All of them have huge respect coming from me..and we should all applaud there efforts.
this is an awesome thread.
[... I'm still lurking in it ...]
and if this doesn't turn into "pedo shit" there is a couple things I would like to say.
[... waiting patiently ...]
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Old 10-09-2003, 02:22 AM   #40
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as usual, degrades every serious thread he posts in.

fucking pathetic.
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Old 10-09-2003, 02:25 AM   #41
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as usual, degrades every serious thread he posts in.

fucking pathetic.
NO REPLY ...
as it distracts from the BEST post by Homegrown on this board yet.

You will not thread jack here.
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Old 10-09-2003, 02:26 AM   #42
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NO REPLY ...
as it distracts from the BEST post by Homegrown on this board yet.

You will not thread jack here.
fuck off no money making, no adult business bearing pedo.
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Old 10-09-2003, 02:29 AM   #43
sexeducation
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Location: Calgary - Alberta - Canada
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Quote:
Originally posted by quiet


fuck off no money making, no adult business bearing pedo.
Just one question ...
It's a yes or no question ...

When you settle, and Acacia says to you - "we don't believe you have submitted the FULL 2% - are you going to show them your "books"???
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Old 10-09-2003, 02:47 AM   #44
sexeducation
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QUIET ...
what is your answer?
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Old 10-09-2003, 04:29 AM   #45
quiet
we'll miss you our friend. RIP
 
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Location: Fernie, BC
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maybe it's time to donate to the impa:

http://www.gofuckyourself.com/showth...hreadid=184107

cheers
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we'll miss you our friend. RIP
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Old 10-09-2003, 07:16 AM   #46
FightThisPatent
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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!
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Old 10-09-2003, 09:07 AM   #47
TheFLY
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Location: http://www.thefly.net/ --- Quit your job and live off steady traffic.
Posts: 11,856
I'm pretty much resigned from activism... all the goodwill in the world doesn't mean shit when bullets are involved.

I'm sympathetic to idealists because I'm an idealist too, but I think the big picture is that there won't be riots in the streets if this whole biz is shut down... if you're not willing to risk your life for a cause -- there's no point...

Am I right?
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Old 10-09-2003, 09:38 AM   #48
chodadog
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Quote:
Originally posted by Sly_RJ

I'm talking about adding it to my current sig. I had one line too many.
Dude:

I'm giving away a 10 mbps box. Tell me why you
should receive free hosting from Phat Servers and it's yours.
ICQ: 147479144 - Email: [email protected] | <A HREF="http://www.impai.org" target=_blank>Support the IMPAI</a>

Problem solved.
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Old 10-09-2003, 09:43 AM   #49
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Old 10-09-2003, 11:38 AM   #50
sexeducation
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Location: Calgary - Alberta - Canada
Posts: 7,315
Quote:
Originally posted by homegrownSpike
The decision by Hustler, Vivid, and Wicked to settle with Acacia means only that these companies have made a business decision, and as Ken pointed out, does not mean that they believe Acacia?s case has any merit?as Acacia would like the Internet community to believe.
this community does not forget.
given a choice of "H" or "I" affiliate programs ...
"I" think we know where to go.



Quote:
These three companies are not large players on the Internet stage.
I didn't know that.


Quote:
The bulk of their business comes from non-Internet sources, so for them it made sense to pay Acacia rather than paying attorneys to defend against Acacia?s attack on our industry.
Bullshit ...
You either defend "Freedom of Speech" or not.

Quote:
If you are freaking out about this settlement, then you are doing exactly what Acacia wants you to do. Acacia?s strategy from day one has been to offer to settle for just a little less than the cost of defending against their lawsuit.
Their whole strategy smells bad.
It's like an "Enron" to me.



Quote:
In this way, Acacia believes it can generate profits without having to expose its patents to the scrutiny of the Court.
"below the radar"
"below the radar"
"below the radar"
we all know what they are doing.
it's time to turn up the heat.


Quote:
The Joint Defense Group has countered Acacia?s strategy by pooling resources.
By "starting" to pool resources.



Quote:
The Hustler group chose not to join the Group and was faced with the decision of paying attorney fees to its First Amendment attorneys (they did not hire patent attorneys) or paying Acacia to make them go away?they chose to pay Acacia off.
And this will not be forgotten by the "adult industry" or the "main stream" industry Acacia is bragging about this latest settlement to.


Quote:
Anyone under the impression that the Acacia fight would be won because Hustler would bank roll the defense simply does not understand the industry.
I understood Larry Flynt was for "Freedom of Speech".
That's all I know about him.
That's all I cared to know.


Quote:
Larry Flynt did not make his money on the Internet.
He made SOME of his money from this distribution of "erotic" material. If it was not for Larry Flynt this board - GFY - would not exist.


Quote:
He has little direct interest in the outcome of the litigation because he can pay Acacia a few thousand dollars and be done with a multi-year annoyance.
Well - isn't that the whole marketing strategy of Acacia.
Make the fee - CURRENTLY - so small noone will argue.


Quote:
This fight is going to be fought and won by the companies that are still in the mix, and if you think Acacia is not worried--think again!
be worried ...
be VERY worried


Quote:
How important can their patents really be if Acacia needs to keep making ?special deals? to get any money from anyone?
exactly ...
they have nothing to stand on except the investors supplying them money for their lawyers.
Did I mention - "Enron"???

This case is the "Enron of patent claims".
In my mind a purposeful marketing strategy to milk a "patent ruling" - before it is invalidated.

More will come out of the woods before the Patent Office catches up to the information age. And every large bureaucracy is.


Quote:
Recall, Acacia?s plan is to make $200 million per year on these patents and last quarter it made $19,000. What more concrete proof do we need that the sky is not really falling?
PINNED ...
And you should win your other lawsuite as well.

Quote:
What we need to focus on is that our industry will never be taken seriously until we learn to work together.
Yes ...
The smaller Webmasters on this board do not realize the power they have when united. BIG TIME - POWER!
They could keep bumping NEGATIVE Acacia threads all over the place. It's simple - free - and easy to do.



Quote:
The best defense against companies like Acacia who tell you that it is cheaper to pay them than paying attorneys is to come together as a group and share the costs of defense.
I predict we will see this again and again with regards to "intellectual property" rights as the "Patent Office/s" grow up and enter the information age. A logical "next step" to an existing technology is not a "patent". You can not own "netiquette".



Quote:
Acacia may be the first company to view our industry as a ?fragmented? group of ?business amateurs,? but it will not likely be the last.
I hope it's the last.
There is a perversion I wish to terminate - FGM.


Quote:
Unless we want to see our profits going into the pockets of others 2% of gross at a time, companies in our industry need to recognize that we share common interests.
You mean "2%" CURRENTLY ...
show me your "books"


Quote:
The simple fact remains that this case will be won by small companies working together toward the common good. This is why we continue to need your contributions, no matter how small, to fight this fight.
I'm doing what I can.
I have been giving you my blogging time.

Quote:
Mainstream companies will not be our salvation because Acacia knows better than to sue companies with the money to kill its patents. Large adult companies will not be our salvation because they can pay a few dollars for peace of mind and continue to make their money outside of the Internet.
That's why you have to bring the message home.
You show video of your product on your website?
"Show me your books."


Quote:
The simple truth is that it will be the small guys who are going to fight this fight even though we are the least able to do it.
It's time to support Homegrown and other companies who have publically stated they will fight this insanity.


Quote:
The best thing that I have seen from this case is the willingness of the small companies in our industry to step up to the plate and fight for what they believe is right?that is what leadership is all about. Our industry is obviously not going to be able to depend on the leaders of yesterday .... REMAING TEXT DELETED ...
"Our industry is obviously not goint to be able to depend on the leaders of <b>yesterday</B>..."

the word that says it all ...
"yesterday"

I'm disappointed.
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