btw that 200 sponsors helping acacia out!

Sorry man, I just walked in from hanging at a friend's for a bit. But I just got the mail and that certainly makes sense, and ill reply in a bit.

Aside from that, I think it's funny they marketed this letter as a 'FINAL NOTICE' as if they had sent me multiple letters and I have dodged them.

Pretty shady tactics.

Debating having my uncle lawyer give them a call, thus far I didnt even think this kind of shit would affect me since I do not run paysites like most of you.

But nonetheless, my final notice is here and I have 30 days to pay. ;)

Some points regarding CE Cash and TrafficCashGold are:

1) when did their terms change and did they notify people?

2) Having video content doesn't mean you are violating a patent, it means you COULD be violating a patent. As the patent hasn't been held up in a court of law yet, they have no justification for giving out peoples info.

3) TCG's statement indicates they will notifiy you before proceeding further.. has anyone been notified by them?

Any more questions you guys have for them?

the fact they address it to made up words, and do not even give urls make this even more lame.

:1orglaugh

How do you mean?

Way back when, when they did that Internet interview with Bergman (don't remember who did the interview, but it was good) they specifically asked about affiliates and the double dip potential.

Bergman pretty much said that if we license a company we (Acacia) cannot legally go after the affiliates (he said the legal definition of affiliate and the way it is used in the adult industry are different so I use this term loosely, as defined by the adult industry). He said that such a "double dip" is not allowed by law. So if they sign with an sponsor program, they cannot go after you to linking to their sites unless you are offering video on your own sites. Not sure how this applies to hosted video galleries, but by just having a text or banner link with your ref-code in it that links to a site that offers videos I am pretty sure you are safe. Of course, if you have videos on your sites - does not apply, but to link to an affiliate and have to pay these fees, in Bergmans own words is illegal.

Don't remember the specifics, but I think that sums it up pretty nicely.

Flow

DOH!

The specifics were that they would not go after the affiliates for the companies content that already signed. He made it clear that if an affiliate linked to other sites with content, or had their own content.. it wasn't covered. ONLY the cotent of companies that signed.

Do you now see a motive behind signing for a big company? "PROMOTE OUR MATERIAL AND YOU'RE SAFE" LIttle did people know that their info was being given to Acacia by some.

New Frontier

LodgeNet Entertainment Corporation
Grupo Pegaso - Mexico
Radio Free Virgin
CinemaNow Inc
Interactive Gallery Inc
L.F.P. Inc.
SBO Pictures dba Wicked Pictures
GO Entertainment



http://www.acaciatechnologies.com

Press Releases from Acacia


Fight the Patent!

Ya me 2...I have never received the famous purple package, just a lame mail today with glossy cnet pages...as if thats some sort of legal document lol

Extreme shadiness on acacias end...seems like they just shooot off mail and see where the chips land!

Lame

I guess I am missing something here....

Let say I build free sites or AVS sites or something of that nature. All I have on these sites is a few pictures and a couple of banners (and no videos or links to hosted videos) to a site I am promoting from <insert sponsor name here>. On the site that I am promoting, they have videos and photos as most paysites do. Because I am promoting sites that have videos they can go after a portion of the money I make from the sponsor even though I am hosting no videos what so ever and I am not linking to hosted video galleries?

I am no lawyer, but I have a hard time believing this is legal. If that is the case, pretty much everybody is fucked, including Yahoo! and all of the other Search Engines.

Don't buy it - can't be legal, but I guess that is what they are counting on - the small guy to just pay the fees and go on with life without ever talking to a lawyer.

Flow

"Because I am promoting sites that have videos they can go after a portion of the money I make from the sponsor even though I am hosting no videos what so ever and I am not linking to hosted video galleries?"

That's what they say Yes

Almost like.. throw as much shit to the wall as you can.. and something might stick. Typical legal strategy.

[QUOTE]Originally posted by gin
[B]amazing. not even 1 sponsor has defended themselves. there is probably some term on their pages when you sign up that says they can legally give out your information.

-------------------------------------------------------------------------------

gin,

I actually posted this quite a while ago in a different thread. Here it is again.......


Fletch XXX,

I ASSURE YOU that they are not getting ANY information from Hustler. We (WebQuest) maintain all of Hustler's affiliate information so I can personally gaurantee you that information is NOT being provided to Acacia by Hustler.

Hustler settled for it's own business reasons, but Hustler will NEVER assist Acacia in going after other companies in our industry.

I have a history and reputation of integrity and honesty in this business. You have my word that Hustler is not the culprit here.

[QUOTE]Originally posted by Ken
[B]Thanks Ken for your input.

Platinum Dave anywhere to be found?

Any other sponsors?

i got my package today and the only website i even own is a 1 page doorway leading to a adult dvd site...and my site doesn't even have any videos on it.

so obviously, much like the others, it was a sponsor that gave them my info. unfortunately since i am signed up with several sponsors who have settled (CECash, TCG, maybe more), i don't know who leaked my name.

i'm wondering if i even need to reply to this crap - isn't it funny that what Acacia is basically doing is spamming webmasters with blackmail from a illegimtately gotten address list?

Ken

I sent you email last week about Fight the Patent Foundation and didn't get a response.

While there may be some clause in the contract that prevents an anti-acacia involvement....

FTPF is focused on patent abuse cases in general not focused just on Acacia.

Hustler could pledge to support FTPF, since there are other companies likes USA Video that have direct applications to Hustler for both the internet use of digital video, and Cable/VOD.

Hustler is an open target for the next video patent holder, and other patent cases.....

You have posted before that you and Hustler don't necessarily like to have to pay these patent licenses, so there is a way for you to join in the fight

If you notice, no names of those that have pledged are on my website, all information is kept confidential.


-brandon

----------------------------------------------------------------------------------


Brandon,

I will call you. I've just been totally swamped. I'll try and reach you tomorrow if possible....

Thanks,

Ken

Kens word is good enough for me. RRRED would beat him for doing anything under the table! Or make him buy a few other hairless cats!

So his word is good enough for you... who the fuck are you? So you're satisfied.. now that's good enough for the rest of us? I don't even know who the hell you are... what have you done for me lately? You don't put money in my pocket.. you mean nothing to me! For all I know you're in on it!

































j/k

Though I don't know much about you and you definately don't put money in my pocket the rest was satire.

--------------------------------------------------------------------------------

Exactly. I can deal with the wrath of GFY....but NO more alien cats!!!! ;)

that's been in cecash's terms in one form or another for a long time.

Actually, it was the D$ show and if you remember, his definition of what an affiliate actually translates differently then your definition. He uses the "legal" definition of the term and unfortunately, under that guise, he is more than able to go after what we typify as "affiliates" because they are not true affiliates but actually independant marketers.

you have a lot more to sweat about than acacia fees.

if these affiliate programs rolled over on your name and address then what else did they give up?

how about your tax info for what you got paid for sales and most of all your Social Security Number?

you can really ruin someones life with the right info.

is it legal to give up such info without a supena or an order from a judge?

just wondering, ya know?

did you give permission to make that info public?

this acacia crap is getting to be better than a dime store novel isn't it?

where ya think it is going to go next?

So the "legal" definition for affiliates encompasses our independent marketers aka affiliates? Other than affiliates ... what else can they go after?

Yeah.. hard to know where things are going but it's not looking good!

I would hope that sponsors would NOT give my private info out and it would take a subpeona to get it.. but unfortunately some sponsor has given out our information to Acacia.

I want to know who it is.

I WANT A LIST OF THOSE THAT HAVE SETTLED WITH ACACIA.... so we can track the guy/s down who did this.

Guessing its more than one, I think that will be clearly obvious.

SOMEONE did, who may be more than one.

Yeah well Acacia is a public company and I would think that the list would be public. This is frustrating.

Far-L

Can you supply the original list of people that were in the suit with you... and a list of who is still in the suit with you?

From this list we can get a few more names added to our tally of those that have settled.

Thanks!

Hustler websites
Vivid Entertainment
Wicked Pictures
Scorescash
CECash
PlatinumBucks
Traffic Cash Gold - TCG (Dellwood Holdings)
New Frontier Media <--listed on their site

WTF has nobody from TCG written anything yet??
i wanna hear a fucking statement from you guys!!!
:mad:

Ken is one of the good guys thats for sure..

Matrix Content


Who else?

Any company leaking affiliate information should be taken down and I will be happy to assist :)

Everyone has different clauses in their T&Cs based on their individual history. To say that Company A and Company B aren't the same and that means one of them is bad is a lie. A blatant, baldfaced lie, or if the person saying it doesnt have a clue, then I could mention something about a head up the ass... but I digress.

If you expect a competitor to have the same terms as a program you use and you do not check the terms, then its your own fault if you dont do well.

And while this has nothing to do with the topic at hand, Acacia, I just wanted to remind you all of something of core group importance.

in the meantime id drop the sig.....no offence but this is shady as shit....no reason to whore your sig out till ya know fer sure....:2 cents:

Tricky

Good! I know there are a few more adult companies here that have singed.... the numbers are off by about 10

List of those who have signed with Acacia:

Hustler websites
Vivid Entertainment
Wicked Pictures
Scorescash
CECash
PlatinumBucks
Traffic Cash Gold - TCG (Dellwood Holdings)
New Frontier Media <--listed on their site
Matrix Content

Great in depth analysis Kimmy! :1orglaugh

Hopefully we'll have some answers in a few hours.. when the working day begins.

I really hope these people are not silent through this post. And if EVERYONE says they didn't share info.. that's when it gets ugly because we will have to prove who is lying... match up people served and affiliate programs they were signed up in and weed out the rat/s!

So my advice, whomever gave our private info out, come out about it when you read this and make your case. It will be easier in the long run.

Did they teach you anything about tracking down companies that have settled legal disputes? We have about 10 missing from our list:

Current list of those known to have signed with Acacia:

Hustler websites
Vivid Entertainment
Wicked Pictures
Scorescash
CECash
PlatinumBucks
Traffic Cash Gold - TCG (Dellwood Holdings)
New Frontier Media <--listed on their site
Matrix Content

Acacia claimed in their 3Q call that there was 54 companies that signed, 1 had JUST signed yesterday....

You can search through Edgar/SEC info, but you will only find the ones they listed on their website and in Press Releases.

The rest are bound by confidentiality agreements, so only insiders who leak out if their company signed is how this info is going to get out.



Fight the Patent!

So you're saying we will never know who the others are that settles when the suit was a public case? Is that right?

Those that settled, did so in private negotiations. So yes, the terms of the deal are confidential.

Acacia only used company names that were known to the public already, so it was some kind of "fair use" kind of thing that they could say Hustler's name despite having confidentiality agreements.

Now if someone were in court, then those court records are public and could be found.



-brandon

Ok.... so the results so far?

People are saying that the companies below are giving out affiliate info:

MatrixContent
CECash

These companies have spoken out on GFY and denied giving out affiliate info:

Hustler
Platinum
Matrix

IMPORTANT : These companies have remained silent on the issue of giving out affiliate information:


Vivid Entertainment
Wicked Pictures
Scorescash
CECash
Traffic Cash Gold - TCG (Dellwood Holdings)
New Frontier Media <--listed on their site

:helpme

My MaxCash checks come with my username as the payee.
My wife hates to cash those.