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Old 10-17-2003, 11:43 PM   #1
Bladewire
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Those who have made a difference in the fight against Acacia.....

I personally thank everyone that has been here searching by my side, the ones who post, and don't post. Those who have donated money and resources to this fight through IMPA and FightThePatent. You are the glue that holds us together.

Someone posted today on GFY saying those searching for prior art and posting on GFY are "Fucking Noobs" another said "Agreed what a bunch of retards!!" ( http://www.gofuckyourself.com/showth...hreadid=187298 ) I don?t agree with this.

Below is a list of just a few handles I got from one thread (http://www.gofuckyourself.com/showth...1989+p andora) These people contributed to the search for prior art but I know it?s only a partial list. There have been MANY threads regarding prior art and donating to various causes. The list below is just the beginning of a list I want GFY members to add to. Please add yourself to this list if you?ve supported the search for prior art, have donated resources, time, money or effort to the cause.

We stand together against this challenge and are making a difference. Please add your name to the list if you stand behind us:

Anonymous Donor ( a tribute to all anonymous donors to FTPF and IMPA )
Amputate Your Head
LeeNoga
Fiveyes
Pleasurepays
Charly
XXXPhoto
Dchottie
Vicki
GoBigtime
Far-L
TheFLY
Fletch XXX
PreciousB
Crockett
Xenium
NoCarrier
Freeadultcontent
DJRCyberAVS
Titmowse
Ravener
BrentD
MrPopup
Hyper
Bambi911xx
Yadayadayada
Icedemon
Greg B
Squirtit
FightThisPatent
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Old 10-17-2003, 11:51 PM   #2
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Old 10-18-2003, 12:03 AM   #3
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Quote:
Originally posted by Kevin2
Kevin2
Thanks Kevin2 !

This thread was posted late and I know it will get picked up in the morning
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Old 10-18-2003, 12:04 AM   #4
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tootie donated too;)
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Old 10-18-2003, 12:38 AM   #5
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I too stand for the cause might be noticable from some *hint* posts on the yahoo investors forum. Killing their stock value and investor confidence i feel is worth it weight in gold.

I will contrubute all i possibly can.
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Old 10-18-2003, 12:59 AM   #6
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I tossed $100 to IMPA last week.
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Old 10-18-2003, 01:06 AM   #7
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Originally posted by BrentD
tootie donated too;)
Yes, I've donated money and prior art research time. Will be donating more of both
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Old 10-18-2003, 01:33 AM   #8
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Updated list of Acacia opposition supporters:

Anonymous Donor ( a tribute to all anonymous donors to FTPF and IMPA )
Amputate Your Head
LeeNoga
Fiveyes
Pleasurepays
Charly
XXXPhoto
Dchottie
Vicki
GoBigtime
Far-L
TheFLY
Fletch XXX
PreciousB
Crockett
Xenium
NoCarrier
Freeadultcontent
DJRCyberAVS
Titmowse
Ravener
BrentD
MrPopup
Hyper
Bambi911xx
Yadayadayada
Icedemon
Greg B
Squirtit
FightThisPatent
Kevin2
ONS
Ludedude
Tootie
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Old 10-18-2003, 01:34 AM   #9
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every morning I focus my bad energy toward them.
I call it the stinkin' thinkin' approach.
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Old 10-18-2003, 01:40 AM   #10
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Quote:
Originally posted by eroswebmaster
every morning I focus my bad energy toward them.
I call it the stinkin' thinkin' approach.
Better than you focusing your bad energy on me!
I will add you to the list as I know you've contributed:

Anonymous Donor ( a tribute to all anonymous donors to FTPF and IMPA )
Amputate Your Head
LeeNoga
Fiveyes
Pleasurepays
Charly
XXXPhoto
Dchottie
Vicki
GoBigtime
Far-L
TheFLY
Fletch XXX
PreciousB
Crockett
Xenium
NoCarrier
Freeadultcontent
DJRCyberAVS
Titmowse
Ravener
BrentD
MrPopup
Hyper
Bambi911xx
Yadayadayada
Icedemon
Greg B
Squirtit
FightThisPatent
Kevin2
ONS
Ludedude
Tootie
Eroswebmaster
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Old 10-18-2003, 04:08 AM   #11
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Originally posted by Squirtit
I personally thank everyone that has been here searching by my side, the ones who post, and don't post. Those who have donated money and resources to this fight through IMPA and FightThePatent. You are the glue that holds us together.

Someone posted today on GFY saying those searching for prior art and posting on GFY are "Fucking Noobs" another said "Agreed what a bunch of retards!!" ( http://www.gofuckyourself.com/showth...hreadid=187298 ) I don?t agree with this.

Below is a list of just a few handles I got from one thread (http://www.gofuckyourself.com/showth...1989+p andora) These people contributed to the search for prior art but I know it?s only a partial list. There have been MANY threads regarding prior art and donating to various causes. The list below is just the beginning of a list I want GFY members to add to. Please add yourself to this list if you?ve supported the search for prior art, have donated resources, time, money or effort to the cause.

We stand together against this challenge and are making a difference. Please add your name to the list if you stand behind us:

Anonymous Donor ( a tribute to all anonymous donors to FTPF and IMPA )
Amputate Your Head
LeeNoga
Fiveyes
Pleasurepays
Charly
XXXPhoto
Dchottie
Vicki
GoBigtime
Far-L
TheFLY
Fletch XXX
PreciousB
Crockett
Xenium
NoCarrier
Freeadultcontent
DJRCyberAVS
Titmowse
Ravener
BrentD
MrPopup
Hyper
Bambi911xx
Yadayadayada
Icedemon
Greg B
Squirtit
FightThisPatent
I think you took http://www.gofuckyourself.com/showth...hreadid=187298 way out of context.

Do you show your poker cards before the hand is over? Not unless you're ready to call.
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Old 10-18-2003, 04:20 AM   #12
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Originally posted by notjoe


Do you show your poker cards before the hand is over? Not unless you're ready to call.

... or if you're playing for play money.


But somehow I think the inventors listed on the Acacia patent were aware of Pandora though. It was a pretty big well-known project back in those days from what I've read.

I can't imagine anyone involved in development of multimedia/video distribution over the network not being a little aware of Pandora's existence. Or for that matter, the prior art researchers that Acacia hired - they had to have stumbled on that one.

They probably have had a response ready for that one for awhile.

Last edited by goBigtime; 10-18-2003 at 04:25 AM..
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Old 10-18-2003, 04:32 AM   #13
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Originally posted by goBigtime



... or if you're playing for play money.


But somehow I think the inventors listed on the Acacia patent were aware of Pandora though. It was a pretty big well-known project back in those days from what I've read.

I can't imagine anyone involved in development of multimedia/video distribution over the network not being a little aware of Pandora's existence. Or for that matter, the prior art researchers that Acacia hired - they had to have stumbled on that one.

They probably have had a response ready for that one for awhile.
I believe Acacia knew about all this and still decided to go ahead with "enforcing" this patent, since they have nothing to lose.
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Old 10-18-2003, 06:55 AM   #14
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Squirt... sorry I go with Stud on this. You and FTP might have good intentions but your theories are flawed. Posting everything found allows the idiots extra time over the discovery phase and posting nicks here is absoLUTEly ignorant. You're just painting targets on the people.

Do you think these guys are not going to center their attention on those who donated or are searching? You need to get some more life experience if you think not. They have already shown they fight as dirty as legally possible and you just open up more to their sights.

Send the leads to Spike where they are kept quiet. Work WITH the law, dips. You are just playing right into their hands. There are other legal implications you are opening up as well with the nicks being posted
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Old 10-18-2003, 07:01 AM   #15
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And it gives everyone hope, which is good, but it may be unfounded. It all depends on what happens in court. Everyone might wake up and realize it's a cold monday morning and the party is over. It's best to forward what you find to those forwarding the fight.. Giving Acacia more ammo here is only shooting yourself and the cause in the foot.

And I'm donating to them too, even though I'm not subject to Acacia and their extortion.
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Old 10-18-2003, 07:51 AM   #16
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I appreciate people's concerns about the posting of prior art and how it might affect the defendants, but two points to consider:

1) none of the defendants have told me not do it, quite the opposite, Spike and Far-L have encouraged it.

2) two patent attornies have said to me that more good than bad will result in doing so (and one of those attornies is defending a client)


Hopefully this should end this topic, and we can go back to finding more prior art.


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Old 10-18-2003, 07:56 AM   #17
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Id keep posting it.


I think something that some people dont understand is this Berman guy is a lawyer (scheister) and is never going to say anything other than painting a picture that their patent is rock solid and anyone that opposes them will be very hurt financially.


I'm sure some ratings whores like Ynot will give Berman a forum to say something like "bla bla bla we have known about pandora for several years and three patent research firms say it does not invalidate our patent, so if your thinking about using that as your defense, your going to lose, as well as previous 6 years infringemant". Basically a bunch of spin and bullshit.


All they have so far is 47 sweetheart deals and some default judgements against guys that didnt even defend themself. Thats it, nothing more.
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Old 10-18-2003, 08:13 AM   #18
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Originally posted by goBigtime


But somehow I think the inventors listed on the Acacia patent were aware of Pandora though. It was a pretty big well-known project back in those days from what I've read.

I can't imagine anyone involved in development of multimedia/video distribution over the network not being a little aware of Pandora's existence. Or for that matter, the prior art researchers that Acacia hired - they had to have stumbled on that one.

They probably have had a response ready for that one for awhile.


I agree with you, I think either the inventor knew about it or Acacia knew about, the defense team certainly knew about... and didn't consider it to be a silver bullet of prior art.

The reason i posted it on my website is that it does show what the experts in the field were doing, so helps goes towards the case of obviousness.

You also need to go back and look at the patent, get into the mind of the inventor and the patent examiner... what i believe they both were thinking was not anywhere what Acacia has INTERPRETED or WANTED their patent to mean.

Reference http://www.FightThePatent.com/v2/Teleportation.html

If you read through the patent (it is very hard reading), you can almost imagine their patent being a robotic arm that grabs some material, video, audio, etc from a storage location, upon request by a consumer, digitizes the item and puts in a UNIQUE IDENTIFIER, compresses, then stores on a server. The digitized file is then transported to a person (over fiber optics, phone lines, or satellite) for playback on their end.

The idea described in the patent might have been novel,.. but the idea of downloading audio or video from a server, wasn't...as prior art is showing.

THis is my explanation as to why people may think that the inventors knew about this prior art.. i am sure they did, i am sure they might have downloaded digitized porn...and that is what gave them the ideas going forward to write in the patent.


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Old 10-18-2003, 08:15 AM   #19
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Originally posted by rooster
Id keep posting it.








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Old 10-18-2003, 08:23 AM   #20
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There are other legal implications you are opening up as well with the nicks being posted

While i disagree with Gemini's points about the posting of prior ar t (reasons given in a previous post), I do agree that giving a romper-room style roll call is not the best case as it might bring attention to people specifically on that list.

For those that wondering how could Acacia figure out which nickname belongs to what person/webmaster....maybe some company that settled with them would help them get educated.




I keep all pledges private, despite some saying on the pledge form that is OK to reveal their company name.

I am also aware that by anyone participating in prior art searches and making posts, could also subject themselves to being a target....

That's why i have always wanted people to email the leads to me, so i can research, etc..


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Old 10-18-2003, 09:31 AM   #21
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For those that wondering...

A simple supeona to any board with the nicks on it can retrieve enough info to ID the nicks.

As to Spike encouraging it, has he confirmed that their attorneys said it was ok? I'd think they need to clear it first. No one else. If they clear it (as approved by them the court is 'ok' with it as well) then have at it. But in personal experience this is not the case usually.

Make a phone call FTP. ;-) Call Fishburn personally. Get it in writing if possible. NEVER leave your b*tt out in the wind darlin'.


12 might come along in those pink chaps doncha kno!! lol
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Old 10-18-2003, 10:13 AM   #22
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[B]
Make a phone call FTP. ;-) Call Fishburn personally. Get it in writing if possible. NEVER leave your b*tt out in the wind darlin'.



There is no need to get anything in writing for any attorney about posting of prior art....there is nothing illegal about it, and plus no attorney is going to give a written release form granting permission to post prior art.

I simply stated that after talking with attorneies they thought more good than harm would come out...

If you think that posting of prior art is a bad thing, then that's your opinion. There are alot of people outside of GFY who post prior art for other kinds of patent cases, and participate in prior art discussions in other forums in mainstream.

I would rather people send me their finds in email, i do understand the potential liabilities of open forum discussions, whether they be discussing prior art, or someone's latest car.

Each person that makes a post, every post, is responsible for their own words, and i will be responsible with mine.

Are you saying for people not to post prior art?

if so, fine, then i will agree with you then.. .people, please email me the leads and save yourself any potential liability that Gemini is refering to... i will give feedback for every email you sent (i have been doing this for the last 2months) and I will give credit where due (i am not involved for fame or fortune).

Are you sayingg that people should watch what they post on a public form?

if so, fine, people, please watch what you post or say about anything or anyone so you don't get into any legal problems.

In doing all of this activism, it's not my butt that is hanging in the wind, it's my neck when I stick it out to fight against what I believe is wrong.




I do appreciate your concerns for those posting and of the defendants. If there was anything that i was doing or others were doing that were harming the defendant's case, believe me, i would be the first to know.


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Old 10-18-2003, 10:37 AM   #23
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No prob FTP... I've been watching different places and people are getting wound up WAYYY too tight. Now there are actual physical threats as I'm sure you have had to see FP... I mean FTP. Too many things that border on untruths or pure speculation. Same as some of the traders that blindly say there is no way this will ever be won. lol

Sooner or later, more sooner I should think, there will be a retaliation for some of things being said and it very may well splatter in many directions.

People need to get a grip on themselves and keep their pennyante keyboard warrior BS shut up. It accomplishes nothing but trouble for the very cause they say they are standing up for. More like 18 yo's with too much testosterone.

But they could end up getting others drug in to the whole fiasco in a poor attempt to cloud the issues in front of the court. This is a ploy that has been used successfully in many other cases (Not sure about patent per`se`) but it might be tried.
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Old 10-18-2003, 10:47 AM   #24
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Quote:
Originally posted by Gemini
Now there are actual physical threats as I'm sure you have had to see

yowsa, which boards are you hanging on?

Haven't been on the ones across the railroad tracks...





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Old 10-18-2003, 12:51 PM   #25
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" I've been watching different places and people are getting wound up WAYYY too tight. Now there are actual physical threats"


Gemini makes a very good point. So I will say my piece and get back to work.

People need to look at the big picture. Here's how I see it:


A company made up mostly of lawyers and investors buys another company that holds a patent on something they want to call "DMT." They know their patent is iffy and a bigger entity such as microsoft, or Time Warner, or CNN, etc. will blow them out of the water. So they hold the patent and do nothing, and watch and lay in wait while the primary users of web video (adult webmasters) proliferate.

And because this company (acacia) knows their patent probably will be invalidated if they go against a large entity, they develop a business model which specifically targets entities they believe will not fight, and hopes that it can sign up thousands of small webmasters at $1500/year or 2% of the gross simply through intimidation. After all, if they could do that it would establish precedent, appease investors, stock would rise, and THEN they could go after the big guys.

So the company develops their marketing department, and they hire copywriters, and consult with direct marketing firms and develop a sales package. And their initial test mailing does not achieve the desired result. Someone at the conference table in the inner sanctum of acacia calls it going after "the low-hanging fruit". Major miscalculation.

You see, if acacia had spent more time actually doing research on who they were trying to shake down they would find out that perhaps 85% of their potential licensees don't make a living wage using their "DMT" technology. Maybe the average adult webmaster made some serious money at one time, but the problem is acacia is hitting the webmaster group about 4 years too late. VERY FEW webmasters make even 50K/year, and even less make over 100K/year. Of course if they had really done research they would find out about general traffic trends in the adult market. The business is very soft, traffic is mostly down (in the aggregate) and doing research on alexa would have shown them that.

But the fancy first printing on coated stock is already in the mail. So acacia thinks let's put a good face on this, do some quick damage control, and see if we can save this.

So they do an under the table deal with 47 licensees. And it's a PR stunt which everyone with any sense sees right through.

After all, acacia is dealing with a group called adult webmasters. These are guys that sell PORN for a living. If anything this is a demographic that doesn't easily do what it's told...if anything this is a demographic of independent-minded mavericks who have mostly an outlaw mentality.

I suspect that the movers and shakers of acacia are mostly ivy league college boys in their 30's. They have not lived long enough to know much about the HISTORY of organized pornography in the United States. True, porn today in America is fairly mainstream, run 95% by fairly mainstream people...but 5% of the money in porn is controlled by a VERY unsavory bunch.

Imagine what would happen if Tony Soprano was asked for 2% of his take. Don't believe me? check the history, and listen to the US Dept. of Justice. There is an element in the USA adult business that has criminality attached to it. It is small, but it is there. Check the history of the players. Some of them do not settle things in a courtroom. Some of them still have their hands in adult. Go back to a major city just a few years ago where people were murdered and adult bookstores and buildings were burned down. Check the history.

"low-hanging fruit"? Maybe not. And some fruit that might be dangerous to pick.

And then there is the other problem with the acacia business model. The sheer number of the litigants.

And now it appears that acacia cannot collect license fees just by mailing demand letters. They already tried that and met with abject failure. The simple fact is that acacia will have to SUE tens of thousands of mostly modest income webmasters, obtain judgments, and then collect on the judgments. This is a daunting, even impossible task due to the sheer number of litigants.

Read carefully now. Here is how a lawsuit works.

1. You must be served properly with a summons and complaint. Mailing you a fancy packet means nothing, it is a SALES piece. Do not come on this or any other board and say you received a packet or ANY communcation from acacia.

2. If you are sued, respond to it. You will probably lose in court unless you want to spend plenty of $ on a specialist patent attorney. DON'T spend the money, appear in pro per and demand a jury trial. You will still lose eventually, but acacia cannot sue 10,000 webmasters all over America who actually appear in pro per. It's not cost effective for them. They are betting you will be intimidated to pay. Show them wrong, force them into court and appear in pro per on every little case. It is your constitutional right and it will break their back faster than anything else you can do.
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Old 10-18-2003, 01:03 PM   #26
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This post was the key:

2. If you are sued, respond to it. You will probably lose in court unless you want to spend plenty of $ on a specialist patent attorney. DON'T spend the money, appear in pro per and demand a jury trial. You will still lose eventually, but acacia cannot sue 10,000 webmasters all over America who actually appear in pro per. It's not cost effective for them. They are betting you will be intimidated to pay. Show them wrong, force them into court and appear in pro per on every little case. It is your constitutional right and it will break their back faster than anything else you can do.

This is absolutely the best advice so far on Acacia, and this what they are terrified of. Its exactly what I plan to do if I get the packet. Use a cheap local attorney for at least some basic counsel, and then try to string out a long jury trial and demonstrate every single prior art and everything else I can find, all the while asking for a stay at every opportunity to gather more evidence.

I think its by far the most reasonable approach.
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Old 10-18-2003, 01:54 PM   #27
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Quote:
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I agree with you, I think either the inventor knew about it or Acacia knew about, the defense team certainly knew about... and didn't consider it to be a silver bullet of prior art.

FYI --- intentionally failing to disclose prior art in the patent application is PATENT FRAUD!

The trick is proving that they knew about it at the time they filed. Which may be easier to do considering all the subsequent "continuation" filings made that also make no reference to any prior art beyond that which was originally submitted in 1991.
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Old 10-18-2003, 01:56 PM   #28
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FYI --- intentionally failing to disclose prior art in the patent application is PATENT FRAUD!

The trick is proving that they knew about it at the time they filed. Which may be easier to do considering all the subsequent "continuation" filings made that also make no reference to any prior art beyond that which was originally submitted in 1991.
And by the way, it's ironic in that the only articles submitted as prior art in the Acacia patents were from IEEE journals. And the Pandora project was also published in the IEEE journal.
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Old 10-18-2003, 02:06 PM   #29
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I believe Acacia knew about all this and still decided to go ahead with "enforcing" this patent, since they have nothing to lose.
Notjoe thanks for your posts. I've read both your posts here and have to say that I've been told many times that posting here DOES NOT affect the case in a negative way at all. There is discovery and all will know the inforamation that is found. My first concern when finding prior art was exactly the point you're making and I'm assured that we are doing the right thing.. that's all I can say about this.

Also remember that NOT everything is posted here.. there are plenty of surprises for Acacia when they stop pushing the court date back with HomeGrown and the day in court arrives.
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Old 10-18-2003, 02:11 PM   #30
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Squirt... sorry I go with Stud on this. You and FTP might have good intentions but your theories are flawed. Posting everything found allows the idiots extra time over the discovery phase and posting nicks here is absoLUTEly ignorant. You're just painting targets on the people.

Do you think these guys are not going to center their attention on those who donated or are searching? You need to get some more life experience if you think not. They have already shown they fight as dirty as legally possible and you just open up more to their sights.

Send the leads to Spike where they are kept quiet. Work WITH the law, dips. You are just playing right into their hands. There are other legal implications you are opening up as well with the nicks being posted
Gemini it's unfortunate that you follow the two posters that said we are "Fucking Noobs" & "Agreed what a bunch of retards!!".

Gemini do you think that FTP and I would go on in any way doing what we're doing if we were not absolutely assured that what we are doing is right and will now hurt the situation?

There is discovery and all will know the inforamation that is found. My first concern when finding prior art was exactly the point you're making and I'm assured that we are doing the right thing.. that's all I can say about this.
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Old 10-18-2003, 02:13 PM   #31
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Quote:
Originally posted by latinasojourn


People need to look at the big picture. Here's how I see it:


Yes! Everything he said



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Old 10-18-2003, 02:25 PM   #32
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Originally posted by LadyMischief
And it gives everyone hope, which is good, but it may be unfounded. It all depends on what happens in court. Everyone might wake up and realize it's a cold monday morning and the party is over. It's best to forward what you find to those forwarding the fight.. Giving Acacia more ammo here is only shooting yourself and the cause in the foot.

And I'm donating to them too, even though I'm not subject to Acacia and their extortion.
LadyMischief I'm not subject to Acacia's patent either and I'm fighting as well... THANK YOU for helping out this effort.

Please have faith that FTP , IMPA and I know what we're doing here. If anything we were doing was negative for the case it would be stopped immediately. No questions asked. Being a public forum only so much can be said in certain circumstances but I assure you we are on the right path.

YES this movement gives hope.... but more importantly this post was about those who've made a difference in the fight against Acacia. This post is not a discussion of whether we should or should not post on boards.. Maybe I should have made a new thread regarding the post from another thread. Thank you LadyMischief!

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Old 10-18-2003, 02:30 PM   #33
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Originally posted by Gemini
For those that wondering...

A simple supeona to any board with the nicks on it can retrieve enough info to ID the nicks.

As to Spike encouraging it, has he confirmed that their attorneys said it was ok? I'd think they need to clear it first. No one else. If they clear it (as approved by them the court is 'ok' with it as well) then have at it. But in personal experience this is not the case usually.

Make a phone call FTP. ;-) Call Fishburn personally. Get it in writing if possible. NEVER leave your b*tt out in the wind darlin'.


12 might come along in those pink chaps doncha kno!! lol
Gemini thanks for you input but I have to say that what we are doing is APPROVED and that's all that can be said. You have to trust that FTP, IMPA and I know what we are doing in this arena. Other statements you've made in this post are incorrect.

Please help this fight. If you want to send info via email directly to [email protected] then do so. If you want to donate to IMPA or FTPF then do so. Your efforts are greatly needed. Let me know if you're on board.
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Old 10-18-2003, 02:32 PM   #34
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I might add to this discussion:

First, all you naysayers about prior art disclosure on the message boards, forget it. All of your hand wringing and suppositions of gloom are unfounded. You're worrying about nothing.

There's not going to be any surprises in court, and everybody has adequate time to prepare for whatever the other side is going to throw at them, the discovery phase ensures that. Our exchanges on the message boards isn't going to affect that one way or the other.

However, and this is a major point so listen up: Whenever what appears to be a "major find" is announced on the boards, it generates interest. It gets people involved. It makes us <B>active</B>. And that's the only way we're going to win this- with people that are interested, involved and <B>active</B>.

Sure, a few of us could be quietly sending Spike something every once in awhile that we might think might help, but that fails to engage the group, all of us as a whole. But when they're made available to all, look what happens- it stirs interest, gets people thinking and remembering that they know someone else that may have been doing something back at the time in question that might have a bearing on this, it gets more people involved in this much needed grassroot search and, sum total, it gets people <B>active</B>.

Now, if you can't see that, then look again. Just check back through this last week's postings and look at the page views and replies and discussions that resulted from a couple of old video files that were found that didn't even have any nudity in them!
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Old 10-18-2003, 02:34 PM   #35
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Quote:
Originally posted by latinasojourn
" I've been watching different places and people are getting wound up WAYYY too tight. Now there are actual physical threats"


Gemini makes a very good point. So I will say my piece and get back to work.

People need to look at the big picture. Here's how I see it:


A company made up mostly of lawyers and investors buys another company that holds a patent on something they want to call "DMT." They know their patent is iffy and a bigger entity such as microsoft, or Time Warner, or CNN, etc. will blow them out of the water. So they hold the patent and do nothing, and watch and lay in wait while the primary users of web video (adult webmasters) proliferate.

And because this company (acacia) knows their patent probably will be invalidated if they go against a large entity, they develop a business model which specifically targets entities they believe will not fight, and hopes that it can sign up thousands of small webmasters at $1500/year or 2% of the gross simply through intimidation. After all, if they could do that it would establish precedent, appease investors, stock would rise, and THEN they could go after the big guys.

So the company develops their marketing department, and they hire copywriters, and consult with direct marketing firms and develop a sales package. And their initial test mailing does not achieve the desired result. Someone at the conference table in the inner sanctum of acacia calls it going after "the low-hanging fruit". Major miscalculation.

You see, if acacia had spent more time actually doing research on who they were trying to shake down they would find out that perhaps 85% of their potential licensees don't make a living wage using their "DMT" technology. Maybe the average adult webmaster made some serious money at one time, but the problem is acacia is hitting the webmaster group about 4 years too late. VERY FEW webmasters make even 50K/year, and even less make over 100K/year. Of course if they had really done research they would find out about general traffic trends in the adult market. The business is very soft, traffic is mostly down (in the aggregate) and doing research on alexa would have shown them that.

But the fancy first printing on coated stock is already in the mail. So acacia thinks let's put a good face on this, do some quick damage control, and see if we can save this.

So they do an under the table deal with 47 licensees. And it's a PR stunt which everyone with any sense sees right through.

After all, acacia is dealing with a group called adult webmasters. These are guys that sell PORN for a living. If anything this is a demographic that doesn't easily do what it's told...if anything this is a demographic of independent-minded mavericks who have mostly an outlaw mentality.

I suspect that the movers and shakers of acacia are mostly ivy league college boys in their 30's. They have not lived long enough to know much about the HISTORY of organized pornography in the United States. True, porn today in America is fairly mainstream, run 95% by fairly mainstream people...but 5% of the money in porn is controlled by a VERY unsavory bunch.

Imagine what would happen if Tony Soprano was asked for 2% of his take. Don't believe me? check the history, and listen to the US Dept. of Justice. There is an element in the USA adult business that has criminality attached to it. It is small, but it is there. Check the history of the players. Some of them do not settle things in a courtroom. Some of them still have their hands in adult. Go back to a major city just a few years ago where people were murdered and adult bookstores and buildings were burned down. Check the history.

"low-hanging fruit"? Maybe not. And some fruit that might be dangerous to pick.

And then there is the other problem with the acacia business model. The sheer number of the litigants.

And now it appears that acacia cannot collect license fees just by mailing demand letters. They already tried that and met with abject failure. The simple fact is that acacia will have to SUE tens of thousands of mostly modest income webmasters, obtain judgments, and then collect on the judgments. This is a daunting, even impossible task due to the sheer number of litigants.

Read carefully now. Here is how a lawsuit works.

1. You must be served properly with a summons and complaint. Mailing you a fancy packet means nothing, it is a SALES piece. Do not come on this or any other board and say you received a packet or ANY communcation from acacia.

2. If you are sued, respond to it. You will probably lose in court unless you want to spend plenty of $ on a specialist patent attorney. DON'T spend the money, appear in pro per and demand a jury trial. You will still lose eventually, but acacia cannot sue 10,000 webmasters all over America who actually appear in pro per. It's not cost effective for them. They are betting you will be intimidated to pay. Show them wrong, force them into court and appear in pro per on every little case. It is your constitutional right and it will break their back faster than anything else you can do.
Thank you for your help and insight into this matter!


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Old 10-18-2003, 02:42 PM   #36
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Quote:
Originally posted by TheSaint
This post was the key:

2. If you are sued, respond to it. You will probably lose in court unless you want to spend plenty of $ on a specialist patent attorney. DON'T spend the money, appear in pro per and demand a jury trial. You will still lose eventually, but acacia cannot sue 10,000 webmasters all over America who actually appear in pro per. It's not cost effective for them. They are betting you will be intimidated to pay. Show them wrong, force them into court and appear in pro per on every little case. It is your constitutional right and it will break their back faster than anything else you can do.

This is absolutely the best advice so far on Acacia, and this what they are terrified of. Its exactly what I plan to do if I get the packet. Use a cheap local attorney for at least some basic counsel, and then try to string out a long jury trial and demonstrate every single prior art and everything else I can find, all the while asking for a stay at every opportunity to gather more evidence.

I think its by far the most reasonable approach.
Thanks for you input Saint.. I haven't spoken with an attorney regarding this advice but it does seem legal and fair , especially since a lot of people with video might not have the income to hire a attorney.

Just so people know where I stand on working outside legal bounds. I NEVER advise working outside legal boundaries in any situation. Manipulating stock, slander, conspiring not to pay Acacia etc. May seem like revenge , and mike make you feel good, but it's illegal and can land you in trouble.

Fight within the bounds of the law and this will be won! What can you do?

Pledge to Fight The Patent or IMPA . Join the search for prior art. If you know a patent attorney, attorney or others that can be helpful bring them to this forum to give expert input. So much more can be done as well.

Thanks again for your input Saint.
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Old 10-18-2003, 02:44 PM   #37
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Quote:
Originally posted by ravener


And by the way, it's ironic in that the only articles submitted as prior art in the Acacia patents were from IEEE journals. And the Pandora project was also published in the IEEE journal.
Thank you for that added information and your continued help in this fight!
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Old 10-18-2003, 02:51 PM   #38
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Quote:
Originally posted by Squirtit


Thank you for that added information and your continued help in this fight!
And hey, thank YOU! Your efforts have been great, so much so that maybe Brandon should create a subsidiary: SQUIRT THE PATENT!

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Old 10-18-2003, 02:52 PM   #39
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Quote:
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I might add to this discussion:

First, all you naysayers about prior art disclosure on the message boards, forget it. All of your hand wringing and suppositions of gloom are unfounded. You're worrying about nothing.

There's not going to be any surprises in court, and everybody has adequate time to prepare for whatever the other side is going to throw at them, the discovery phase ensures that. Our exchanges on the message boards isn't going to affect that one way or the other.

However, and this is a major point so listen up: Whenever what appears to be a "major find" is announced on the boards, it generates interest. It gets people involved. It makes us <B>active</B>. And that's the only way we're going to win this- with people that are interested, involved and <B>active</B>.

Sure, a few of us could be quietly sending Spike something every once in awhile that we might think might help, but that fails to engage the group, all of us as a whole. But when they're made available to all, look what happens- it stirs interest, gets people thinking and remembering that they know someone else that may have been doing something back at the time in question that might have a bearing on this, it gets more people involved in this much needed grassroot search and, sum total, it gets people <B>active</B>.

Now, if you can't see that, then look again. Just check back through this last week's postings and look at the page views and replies and discussions that resulted from a couple of old video files that were found that didn't even have any nudity in them!
VERY good point Fiveyes! A commons misconception about court is that you show up and surprise them with unknown information... this doesn't happen. Discovery is a mandatory part of legal proceedings and BOTH side get to know what the other side is arguing on. HomeGrown will be advised what Acacia is arguing on and Acacia will be advised the same. But more importantly.. I have to re-iterate... IMPA, FTP and I have support and know we are doing the right thing.

Prior art finds do stir interest yes.. and they are NEEDED ! More importantly we are working together to find a solution. Remember.. Acacia is only one company claiming prior art. Ideaflood.com and others are waiting in the wings to see how Acacia fairs. Sticking together and fighting the good fight show solidarity in all of our efforts. An organized opposition structure that can remain intact ,AFTER the Acacia fight is won, is cruicial to us combating future patent claims against our industry.

Many of us have been involved on the internet for YEARS before coming to porn. Some of us here have helped define what the internet has become.

Who else has supported, or is now going to support, this fight and become part of the effort to combat patent claims in our industry? The list is waiting to be updated
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Old 10-18-2003, 03:43 PM   #40
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Sorry Squirt... I have no idea who YOU are and only a tad about Brandon. So no trust issued. Nothing personal. I grew out of the young and dumb phase years ago and hold my own counsel. You guys do what you want but I will deal straight with the chief so to speak and cut out the middle men, IF I have anything to offer. ;-)

I don't want God, guts and glory... NOR that target you keep putting on people every time you repost their nicks. Its pert obvious for all your words you haven't been in any really dirty court battles. So my name isn't going anywhere. lol I have been thru the dirty battles a couple of times and know what some can pull outta their hats. lol


FTP, reread in between your posts over to yahxx... you're on that side of the tracks. Some of the clowns from SOMEwhere on an adult board have gotten to the point of stupidity starting sometime yesterday. Don't remember the exact post time I first saw the BS really get stupid.

Like over at yahxx... I will not say anything more in the acacia threads here unless its already public info that someone hasn't put forth.
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Old 10-18-2003, 03:45 PM   #41
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PUMP AND DUMP
by: hedgefundcleaner 10/18/03 04:44 pm
Msg: 22529 of 22533

It is possible that the hedge funds conveniently leaked the BW story to drum up excitement and volume to sell their positions into. And sure enough, by the end of the day on September 26th, the stock closed well below its peak on heavy volume.

Here?s how it works. Every morning, hedge funds take turn buying the stock up, creating the impression of aggressive buying. This naturally gets other investors/traders really excited and they follow through as the hedge funds sell to these new buyers what they bought earlier on. This process continues to the close of the market, on and off, for the full 6.5 hours, culminating with a final push up at the close so that the momentum looks like it?s intact for another day. It?s important that the market is rallying because only during a rally will other day traders and momentum players take the ride. Whenever the market is really weak, this strategy fails, and you have morning highs and closing lows on very high volume and huge price swing. This has now happened twice, on September 26 and October 17th, both on Fridays and both times with volume reaching almost identical numbers (approximately 1.2 mm shares.)

This is no coincidence. One could argue that if the market continues to be weak next week, we will see a continued sell off. If the market rebounds, we may actually see the hedge funds trying to continue to pump the stock but very carefully and only if the market looks poised for another significant breakout. With the stock at $8, even they are getting worried that it will be hard to continue pushing the stock higher since it costs a lot more money to do this ramping, relative to when the stock was trading at $4.

There is much more here if you want to read all of what this guy has posted.
http://finance.messages.yahoo.com/bb...0497&mid=22532
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Old 10-18-2003, 03:49 PM   #42
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Save for this bit of public info...

http://www.smalltimes.com/document_d...y=1&startsum=1

Goes to show these guys get along with no one and are capable of ANYthing. Do they even have a sunsidery that has NOT been in some sort of MAJOR suit?
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Old 10-18-2003, 05:00 PM   #43
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Quote:
Originally posted by Gemini
Sorry Squirt... I have no idea who YOU are and only a tad about Brandon. So no trust issued. .... Its pert obvious for all your words you haven't been in any really dirty court battles....
You're right you have no idea who I am.

I just came out of a 9 month long, very public, court battle in California where my babysitter was trying to take custody of my son because I have an adult site. I was also audited by the IRS during this time because the year before she claimed my son ( which she babysat 2-3 days a week ) as her dependant. She was mentally ill. She also got insurance on my son and changed his last name to her last name on the documents. I had to take her to task on a lot of things she did wrong in her illness to make it look like my son was her child.

Her attorney was a religious zealot and felt my retribution was her prolonging the court proceedings, trying to manipulate the discovery process and make unfounded claims to local authorities and Social Services.

I came out of the process broke as a joke (trying to recover now) but with a new understanding of the IRS (I passed the audit , local authorities (charges unfounded) , social services (allegations found false and unfounded) and the court process (I won!)

So as you would say Gemini it's "pert obvious" that instead of asking about my history and knowledge, you assume I don't know what I'm doing and that I've never been in a "down and dirty" court battle. You're wrong. I have been in a down and dirty cout battle.... and I've come out of it with flying colors and I'm here to help with this fight and build my business back up so I can have a more comfortable life again.

Just a couple references for your convenience:

FULL ARTICLE ( The OCRegister which has and article on the story charges for it.. someone posted it here for free a while back)

ARTICLE IN THE ADVOCATE MAGAZINE

I don't have time to search the net for more stuff. 48 hours had a reporter come out to investigate and cover the court proceedings. TV news covered the story many times in California. 20/20 and all the other major news programs wanted the story and called constantly. etc. etc.

Again.. the title of this thread is: "Those who have made a difference in the fight against Acacia..... "

I am bringing us together to continue and fight this. Those that have made a difference are listed below.. there are a lot more from other threads.. I know there are.. so please post here so I can add you to the list and give you formal acknowledgement of your efforts!
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Old 10-18-2003, 05:05 PM   #44
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Old 10-18-2003, 05:07 PM   #45
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Your babysitter tried to get custody of your son!?!? What the fuck is this world coming to?

You should sue that crazy broad & whoever was down with her right back.

Man... if the babysitter ever tried to change my kids name or try to get custody.. LOL somebodys gonna go to jail.
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Old 10-18-2003, 05:19 PM   #46
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Quote:
Originally posted by ONS
PUMP AND DUMP
by: hedgefundcleaner 10/18/03 04:44 pm
Msg: 22529 of 22533

It is possible that the hedge funds conveniently leaked the BW story to drum up excitement and volume to sell their positions into. And sure enough, by the end of the day on September 26th, the stock closed well below its peak on heavy volume.

Here?s how it works. Every morning, hedge funds take turn buying the stock up, creating the impression of aggressive buying. This naturally gets other investors/traders really excited and they follow through as the hedge funds sell to these new buyers what they bought earlier on. This process continues to the close of the market, on and off, for the full 6.5 hours, culminating with a final push up at the close so that the momentum looks like it?s intact for another day. It?s important that the market is rallying because only during a rally will other day traders and momentum players take the ride. Whenever the market is really weak, this strategy fails, and you have morning highs and closing lows on very high volume and huge price swing. This has now happened twice, on September 26 and October 17th, both on Fridays and both times with volume reaching almost identical numbers (approximately 1.2 mm shares.)

This is no coincidence. One could argue that if the market continues to be weak next week, we will see a continued sell off. If the market rebounds, we may actually see the hedge funds trying to continue to pump the stock but very carefully and only if the market looks poised for another significant breakout. With the stock at $8, even they are getting worried that it will be hard to continue pushing the stock higher since it costs a lot more money to do this ramping, relative to when the stock was trading at $4.

There is much more here if you want to read all of what this guy has posted.
http://finance.messages.yahoo.com/bb...0497&mid=22532
ONS another GREAT post! From your link I found an old article in the archives of that group.. part of which I thought was important to post again here:

Quote:
Two years ago, TV manufacturers mobilized to fight Acacia's patent-infringement claims over the V-Chip. More than a dozen manufacturers decided to pay the one-time licensing fee, which brought in $24.1 million in revenue in 2001 for Acacia, up from a mere $100,000 in revenue in 2000.

The others went to court, and, four months ago, Acacia lost its case. It's now pursuing antitrust charges alleging the TV manufacturers colluded to avoid paying the fees.
Those who settled with Acacia in 2001 brought in $24.1 million in revenue. Those who didn't settle.. and fought in court... defeated Acacia!! WE CAN DO THE SAME!
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Old 10-18-2003, 05:59 PM   #47
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I think they have enough problems to deal with their own investors right now then to worry about us.
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Old 10-18-2003, 06:28 PM   #48
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Originally posted by Gemini

FTP, reread in between your posts over to yahxx... you're on that side of the tracks.


i have never posted at Yahoo message boards... tho, I do read them...and I am glad that I never got the urge to jump in...day traders are clearly a different breed of people


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Old 10-18-2003, 06:35 PM   #49
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Originally posted by ravener


And hey, thank YOU! Your efforts have been great, so much so that maybe Brandon should create a subsidiary: SQUIRT THE PATENT!


hehehehehe... i have already paid tribute to the almighty Squirt.

http://www.FightThePatent.com/v2/Squirt.html The Prior Art page is named after him.




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Old 10-18-2003, 06:37 PM   #50
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Originally posted by Squirtit



Pledge to Fight The Patent or IMPA .

Small editorial critique...

Pledge to FTPF and IMPA
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