ACACIA Papers have been served? LOL - GoFuckYourself.com

Jamie · 10-22-2003, 12:26 PM

Looks as if Acacia is Junk Mailing all of us.

The funny thing about this paperwork is it's more like a sales pitch than a Threat.

First they send me a letter, which tells me they have no fucking clue about who is or isn't infringing on their "patent". We're a hosting company.

Second, they call it "past infringements" and are willing to waive the fees before Nov. 30th. What infringements?

Third, they try to convince you everyone is doing it. So pay up..

And Finally, they include 2 color copies of some CNET articles to help further their Sales Pitch. Why are they selling so hard if they have an open and shut case?

If I had a Patent that indisputably said anyone using my Technology owes me money, you better bet I wouldn't be sending you a sales pitch. It would be the pay or DIE letter.

This leads me to believe they really don't have much visibility into the adult world. If they know so much, why are we getting their paperwork. It looks as if they are just trying to see how many people they can scare into giving them money.

So in true GFY style, ACACIA can Go Fuck Themselves

klik · 10-22-2003, 12:28 PM

Acacia this.. Acacia that... every thread today is about it.

BRISK · 10-22-2003, 12:29 PM

Jamie, does the letter say which site of yours is infringing their patent?

doober · 10-22-2003, 12:30 PM

Quote:

Originally posted by klik
Acacia this.. Acacia that... every thread today is about it.

what business you in?

jimmyf · 10-22-2003, 12:32 PM

Quote:

Originally posted by doober

what business you in?

Fletch XXX · 10-22-2003, 12:32 PM

Quote:

Originally posted by Jamie
Looks as if Acacia is Junk Mailing all of us.

Certainly taking aim.

Jamie · 10-22-2003, 12:34 PM

Quote:

Originally posted by BRISK
Jamie, does the letter say which site of yours is infringing their patent?

No, there isn't any specific information in the letter. It's probably the same letter Fletch and everyone else has.

FightThisPatent · 10-22-2003, 12:36 PM

Quote:

Originally posted by Jamie

Second, they call it "past infringements" and are willing to waive the fees before Nov. 30th. What infringements?

Yes, this is their scare tactic... probably the same approach used with the V-Chip patent.... before being shot down in the Sony case, they already collected over $27M.... Berman was bragging about this on the D$ show... i guess they are hoping for Round 2.. .so far, looks like it's working.

They did a bad job of picking targets, people with no video, people with 1 video, people who are in Timbuktoo.

Since they have put you on notice of infringement, and i realize that they may not have explained to you what it was, they can legitimately issue a court order to see you in court.

Sucks big time!

Feel free to read the 12clicks. vs Fight The Patent thread

I have a proposed solution to help fight against patent abuse like Acacia, and getting some debate on it.

Fight the Patent!

FightThisPatent · 10-22-2003, 12:37 PM

Quote:

Originally posted by klik
Acacia this.. Acacia that... every thread today is about it.

Maybe that means its something to pay attention to.

Fight the Patent!

goBigtime · 10-22-2003, 12:39 PM

FTP - Isn't this tactic illegal? To mail people accusing them of infringing on your patentns without explaining how, asking or demanding them to license a technology or face legal consequences - when it doesn't even apply to them?

Jamie · 10-22-2003, 12:42 PM

Quote:

Since they have put you on notice of infringement, and i realize that they may not have explained to you what it was, they can legitimately issue a court order to see you in court.

I could care less if I go to court, would be fun actually. We have nothing to hide. As long as animated gifs aren't covered in their patent I think we'll be just fine

BRISK · 10-22-2003, 12:46 PM

Jamie, do you have a paysite? or just the hosting company?

init · 10-22-2003, 01:06 PM

has anyone stood up to them or has everyone just signed?

Jamie · 10-22-2003, 01:11 PM

Quote:

Originally posted by BRISK
Jamie, do you have a paysite? or just the hosting company?

I only have the hosting company, no paysites.

FightThisPatent · 10-22-2003, 01:18 PM

Quote:

Originally posted by goBigtime
FTP - Isn't this tactic illegal? To mail people accusing them of infringing on your patentns without explaining how, asking or demanding them to license a technology or face legal consequences - when it doesn't even apply to them?

They can claim what they want, patent law gives them the position that you are guilty until proven innocent.

once you get their letter, you are supposed to have your attorney contact them to ask why you are infringing... THEN they probably do their research, as opposed to some junior paralegal that just saw moving pictures on a web page and added that website to the target list.

They then write back and tell you how you are infringing, then your attorney writes back and says no you're not, and they write back that yes you are, and your attorney writes back that no they are not (while this is going on , your attorney bill meter is on).

Finally, you don't hear back from them, thinking that it's over, then come Dec 1st, or after, you get the court order to appear in court....

Following that court order, you probably get a nice little letter asking you to settle for a larger amount of money because you made them chase you...

I wish i was joking, but this is the way i see it.

Fight the Patent!

FightThisPatent · 10-22-2003, 01:20 PM

Quote:

Originally posted by init
has anyone stood up to them or has everyone just signed?

There are 11 of your peers fighting against Acacia's claims.

HomeGrownVideo and 10 other and waiting for their day in court.

Acacia won default judgements against webmasters who didn't even show up.

For those that did sign with Acacia, YOU DON'T GET YOUR MONEY BACK WHEN THE PATENT IS FOUND INVALID.

Fight the Patent!

10-22-2003, 12:26 PM	#1
Jamie Confirmed User Join Date: Apr 2001 Location: CelebPay.com Posts: 2,517	ACACIA Papers have been served? LOL Looks as if Acacia is Junk Mailing all of us. The funny thing about this paperwork is it's more like a sales pitch than a Threat. First they send me a letter, which tells me they have no fucking clue about who is or isn't infringing on their "patent". We're a hosting company. Second, they call it "past infringements" and are willing to waive the fees before Nov. 30th. What infringements? Third, they try to convince you everyone is doing it. So pay up.. And Finally, they include 2 color copies of some CNET articles to help further their Sales Pitch. Why are they selling so hard if they have an open and shut case? If I had a Patent that indisputably said anyone using my Technology owes me money, you better bet I wouldn't be sending you a sales pitch. It would be the pay or DIE letter. This leads me to believe they really don't have much visibility into the adult world. If they know so much, why are we getting their paperwork. It looks as if they are just trying to see how many people they can scare into giving them money. So in true GFY style, ACACIA can Go Fuck Themselves __________________ CelebPay: Promote Celebrity Reviews i/c/q - :1851935

10-22-2003, 12:29 PM	#3
BRISK Too lazy to set a custom title Join Date: Feb 2003 Posts: 12,240	Jamie, does the letter say which site of yours is infringing their patent? __________________ I post on GFY so that when people ask me what I do, I can tell them that I work with the mentally retarded.

10-22-2003, 12:46 PM	#12
BRISK Too lazy to set a custom title Join Date: Feb 2003 Posts: 12,240	Jamie, do you have a paysite? or just the hosting company? __________________ I post on GFY so that when people ask me what I do, I can tell them that I work with the mentally retarded.

10-22-2003, 01:06 PM	#13
init Confirmed User Join Date: Oct 2002 Location: Sarasota, FL Posts: 973	has anyone stood up to them or has everyone just signed? __________________ icq: 2721653

10-22-2003, 12:28 PM	#2
klik Confirmed User Industry Role: Join Date: Nov 2001 Location: san diego Posts: 5,092	Acacia this.. Acacia that... every thread today is about it.

10-22-2003, 12:39 PM	#10
goBigtime Confirmed User Join Date: Nov 2002 Posts: 7,761	FTP - Isn't this tactic illegal? To mail people accusing them of infringing on your patentns without explaining how, asking or demanding them to license a technology or face legal consequences - when it doesn't even apply to them?