Acacia, IMPA, Homegrown, Fight The Patent AND YOU!

[SolarGodPower]

This post is for the lurkers who might feel intimidated by all of the noise, dust and confusion related to the pending Acacia showdown. Especially for those who, like myself, received the LAST NOTICE letter from Acacia in mid-October, offering a sweetheart deal should you decide to "settle" with them before November 30 (so you can celebrate your holidays with peace of mind, etc.) See my original post here.

Since that post I've done a lot of research, made a shitload of phone calls, talked to lots of big players in the biz that are also friends, and generally abandoned the normal operation of my sites to focus on this one fucking issue so I could start taking some action -- instead of just checking GFY and YNOT for news everyday, with crossed-fingers, hoping to read that, finally, the case had been thrown out by the courts -- letting me get back to my day to day life, putting the worry behind me.

That later scenario doesn't seem to be coming anytime soon. And in the interim there are still those people like Far-L from Homegrown, the folks with IMPA and Brandon from Fight the Patent who are putting their asses on the line, going public, spending their time and money, shifting their focus from THEIR business (i.e. THEIR livelihood) and families, in an effort to get the neighborhood bully out of our turf, so everyone can go back to playing in their sandbox and having a good time manipulating porn pixels.

I think the consensus thought in our industry has been (and I'm guilty of this too -- or was) that the "big players" are going to take this fight on while the smaller players (that would be most of you -- and me -- reading this post) sit back and wait. Well, what I've found out over the last couple of weeks (and I'm not talking about the Hustler and Vivids out there, who weren't even that vested to this medium i.e. the internet) is that those big players AREN'T taking on the fight. Every one of them that I contacted have (quietly, very quietly) signed the licensing contracts with Acacia -- essentially building Acacia's war chest to go after folks like you and me. Will they come after us? Is it all a big bluff? Will it all fall apart down the pike? Who knows?...call Miss Cleo! As Spike's post here points out, it LOOKS like a stall set in place to keep slurping up the money from sweetheart deals from all that "low hanging fruit" from the biz's fatter trees, i.e. those bigger players. But then again...

So, what can we REALLY do, instead of just reading the various posts here everyday? It depends on how "out" you wanna get. If you are completely committed to staying under a rock, and I can totally understand why, one of the easiest, silent, pro-active things you can do is support Homegrown. As Malakajoe wrote not too long ago:

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.

This is a perfect indirect strategy. If you can't do anything else, then do that. Repeat: IF YOU CAN'T DONATE, PROMOTE! Do it now, here's Homegrown's reseller program -- or fuck the reseller thing and just put up one of their direct links and banners.

Some of us CAN donate (I just pledged $1000.00 bucks to Brandon's Fight The Patent) and I'm still trying to decide what I'm going to do with the monies I've started to earmark for Acacia -- give it to my attorney? or start monthly infusions to the Homegrown defense fund? or pay the goddamned lisc. (rape) fee? I'm weighing all of that still. But I did pledge, and I did front-page a Homegrown banner -- and you can do that too. Even if it's only a 25.00 buck pledge, that's what?, a supply of lube for month? And you won't even be called on for it until Brandon meets his goal, so you've got some time to budget, right?

Speaking of Brandon, I spoke with him for over an hour today, and was floored by his savvy and forward-looking stance. The guy has got it going on! I was impressed. If we think Acacia is the only bully that's going to have tromped through our park with a big cudgel, we're DELUDED, majorily fucking deluded. The facts are all out there -- read the data on Fight The Patent's website , there's bigger, meaner, openly ANTI-PORN patent holders just waiting to come in swinging. So FIGHT THE FUCKING PATENT. Go over and fucking pledge. Think of it as purchasing insurance -- that's a simple enough analogy to grock.

My last thought here: someone needs to clarify for everyone DISTINCTLY the differences between: Homegrown's defense fund (and how to help with it) and their aims, Stop the Patent and their drive and IMPA and what they are about. I think folks might be confused with the different organizations. Less confusion means more direct action. And direct action (ie. not lurking and waiting) is what it's come down to.

Rock on.

[FightThisPatent]

Here's a quick summary:


Defense Fund:

IMPA has pulled together the current defendants to share a common pool of money to pay for attorney expenses. The buy-in is a few thousand a month. Since there are like 7 (?) defendants, each one gets a chance at bat. The money put in goes towards dealing with your individual correspondance with Acacia and the Defense Team, as well as money to fund the first people's whack at bat. Should the first batter strike out, there is a second batter, and so on. I feel that the Defense Team has a solid case against the patent claims. People like me and all the great volunteer searches are still looking, there is always a need for that gold nugget in the pile of rubble.

If you have been served with the last notice... you have the following choices:

1) hide out (especially if they addressed you to a PO box, or some odd mailing address that clearly shows they didn't do their research)

2) pay the license - you have until Nov. 30th.. plenty of time to see what happens in the next couple of weeks, time to save up money, etc.

3) contribute a few thousand a month to the Defense Fund. If you make over 100K per year, your minimum license fee is $6,000 due up front, with additional percentages, etc. Pay a few thousand a month into the Defense Fund to get yourself covered by the Defense Team attornies as well as helping to fund the peope who are already ahead of you.

Contact: spike -at- homegrownvideo.com


IMPA:

IMPA is an association that is a watchdog for all kinds of issues that pertain to webmasters. Currently, IMPA is focused on patents, best practices (COPA, 2257), and the trademarking of the term "virtual sex".

IMPA has a membership fee (http://www.impai.org/join.html)..most would fit in at the $100/year. IMPA membership money goes towards hiring attornies and funding activities to spotlight and target issues that affect webmasters.


Fight The Patent Foundation ("FTPF"):

FTPF will be a non-profit (501c3) organization that focuses only on patents. It will operate like the ACLU, to provide companies faced with a patent abuse claim with defense attorneys, as well as expert witnesses and prior art. FTPF's charter is to use the 'pay it forward' concept to motiviate expert witnesses to come forward to provide testimony, critical to support the prior art finds. FTPF will also use a grassroots approach to finding prior art by opening up a system where people can submit prior art leads, and get rated on their finds to earn rewards.

FTPF is currently looking for 2,500 webmasters to pledge $100 each. No money is collected until the pledge total reaches over $250,000.

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

Acacia is just the first company to be wield patents to the adult industry. There are many more companies with audio/video patents, as well as other patents that will affect this industry. Patent holders with Acacia-like business plans could come from WITHIN the industry.

This is the new business model that some feel is a great way to make money, without ever making a product, without delivering a service, and without developing a company.

The big players have settled....proving that there is no community? I would disagree...and I hope that the rest of the webmasters who haven't settled can band together to show community.

If you have money and want to fight, i suggest donating to the Defense Fund so you can get yourself legal protection.

For others with not as deep pockets, join IMPA and pledge to FTPF. It's a small contribution, but one that becomes a bigger movement when your fellow webmasters join in as well.


-brandon

Fight the Patent!

[fiveyes]

Just a reminder that those $750 Visa fees set back a lot of small companies, some even ended up closing their doors because of it. Acacia wants at least <B>twice</B> that, <B>minimum</B>. And not just for the first year, but for each and every year after. Oh, and that's only if you sign before the end of next month, it goes up after that!

And there's more of the same in the wings waiting to see how they do with this plan of intimidation, and I'd bet some of them have their sites set on a bigger slice of our pie.

SolarGodPower is making a difficult decision, one that we're all going to have to face, sooner or later. Don't think this is going to go away by itself, it has to be met head on.

The only question is when will you meet the enemy, now or later, on their terms...

[FightThisPatent]

Listen in on Acacia's 3rd quarter conference call on Tuesday (21st)

Anyone can listen .. it's at 1:30pst and if you miss the call you can listen to the recording for 30days. Will be interesting to see where these guys are coming from.

To listen to the presentation by phone, dial (800) 915-4836 for domestic callers and (973) 317-5319 for international callers. A replay of the audio presentation will be available for 30 days at (800) 428-6051 for domestic callers and (973) 709-2089 for international callers, both of whom will need to enter the code 309899 when prompted.



Fight the Patent!

[RiverRat19602003]

How exactly does one contribute to the ongoing court fight (ie homegrown).

I'd like to kick in some cash to help those currently engaged in this. I heard there was a defense fund.

Are these companies trying to get the patent tossed out? That is what I wish to donate to. I already pledged to FightThePatent..

Bill

[FightThisPatent]

Originally posted by RiverRat19602003
How exactly does one contribute to the ongoing court fight (ie homegrown).

I'd like to kick in some cash to help those currently engaged in this. I heard there was a defense fund.

Are these companies trying to get the patent tossed out? That is what I wish to donate to. I already pledged to FightThePatent..

Bill

Email spike -at- homegrownvideo.com for more info.

The money to the Defense Fund goes directly to supporting the first 7 at bat....



Fight the Patent!

[funkmaster]

... pay your fucking fees and buy more actg !!

[Nismo]

Originally posted by funkmaster
... pay your fucking fees and buy more actg !!

[RiverRat19602003]

Originally posted by funkmaster
... pay your fucking fees and buy more actg !!

They aren't my fucking fee's dickless. I dumped what little video I had. I just think this patent is fucking bullshit and I have no problem paying to fight it. If you actually think this patent is a first and was ever intended to cover downloading mpegs, you are truly stupid.

[FightThisPatent]

Originally posted by funkmaster
... pay your fucking fees and buy more actg !!

Acacia lover






Fight the Patent!

[Bladewire]

Originally posted by funkmaster
... pay your fucking fees and buy more actg !!

Well if it's that easy the funkmaster I have a patent that you are infringing upon. I'll be sending you a notice shortly and expect payment in full within 30 days or I'll take you to court.

[FightThisPatent]

For those that have affiliate programs or content producers that have webmaster email lists, you can help to spread the word.

If you could send the message below to your email list, maybe more webmasters will come forward to pledge and to take a stand.

So many people have settled, more than you realize... For those that did settle, i ask you to consider making "anonymous" or private pledges.

Acacia is just one company, there are many more patent abuse cases coming.

Thanks in advance to those who forward this message on to their email list:

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For those that haven't been following the threads and news about Acacia, let me briefly bring you up to speed:

Acacia Research (http://www.acaciatechnologies.com) has some patents (http://www.acaciatechnologies.com/patents.htm) that claim essentially to owning the process of downloading audio or video files from a web server.

They sent out "information packets" to many companies, some adult, some to schools and universities.

They are demanding license fees (http://www.acaciatechnologies.com/te...t_adultent.htm) for payment of using their "patent".

Some adult websites have licensed their patent (see Press Releases at http://www.acaciatechnologies.com) while others have joined together to form the IMPA (http://www.impai.org) and to also become defendants in litigation.

FightThePatent.com (http://www.FightThePatent.com) was formed on August 12th as a one-man crusade to bring awareness to these issues and to assist the defendants to find prior art (with no compensation).

Many webmasters jumped into the search for prior art, using this page http://www.FightThePatent.com/v2/Searching.html to help find stuff to look for, and http://www.FightThePatent.com/v2/Squirt.html to see what prior art examples were posted.

FightThePatent.com has now broadened its scope to propose the start of Fight the Patent Foundation ("FTPF")(http://www.FightThePatent.com/go) to help fight against patent abuse.

Learn more about the issues and make your pledge to stop patent abuse cases like Acacia by going to http://www.FightThePatent.com/go


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[SleazeQueen]

Originally posted by FightThisPatent
To listen to the presentation by phone, dial (800) 915-4836 for domestic callers and (973) 317-5319 for international callers. A replay of the audio presentation will be available for 30 days at (800) 428-6051 for domestic callers and (973) 709-2089 for international callers, both of whom will need to enter the code 309899 when prompted.

I tried to listen, but the PIN number doesn't seem to be valid.

Can someone let me know the correct number to listen?

Thanks.

[FightThisPatent]

Originally posted by SleazeQueen


I tried to listen, but the PIN number doesn't seem to be valid.

Can someone let me know the correct number to listen?

Thanks.

The call is tomorrow (wed) at 4:30 EST... i messed up on the date and tried to post the correct date.. sorry for the confusion..i'm looking forward to the conference call..

Fight the Patent!