Yes.. you're right. Beind outside California will not stop Acacia from taking court action against you if they so wished.

Your on the right track Squirtit;

Remember, all of these "big wins" for acacia are nothing but defendents FAILING TO SHOW UP. No judge heard any evidence in these cases.

And in the ONE case so far that a judge actually heard from a defendent party (Holio) guess what happened.

acacia's case was thrown out.

Also, I'll say this. I believe acacia will find at least two of the present defendents coming up to be VERY tough courtroom oponents.

Jeff Miller of Sunup is very smart and very aggressive. He has a history of fighting for what he believes in, and he has won lawsuits against those that have toyed with him. I expect Miller not to just win, but to strike back. Spike Goldberg will also be a formidable opponent. These guys are not laydowns, they are very sharp business people that can present themselves VERY well on the stand if called to witness. I respect them for fighting this fight while other big companies lay back and watch.

so, what you're saying is, is that it's ok to take a shit on the papers they sent?

Yes but the whole Holio thing is questionable. Why exactly was Holios case left be? Why didn't Acacia appeal? If Holio won.. then why are there defendants still awaiting a court date? Holios win could actually have hurt us. Did Holio ever bite back at Acacia? Are there still any pending cases with them in the Los Angeles court system? Following the "win" for Holio.. what other things proceeded? Answers to these questions might bring light on the Holio "win".

I have every faith in the guys that are there fighting now and their ability to win this case. Support for them is tremendous now and I wouldn't be surprised if people outside the industry were behind them. The Acacia thing seems to have created a snowball effect. Since the colleges have been put on notice by Acacia, I would expect that mainstream corporations have seen this monster coming and are being proactive in dealing with he situation before it his them head on.

Nismo, I like the symbolism of your query. From a legal standpoint you have not been sued if you receive information, or a sales letter. Even a cease and desist would have been sent by certified mail.

What I'm saying is this. Gather information. Make your own decision. I have made mine.

I believe that acacia holds a patent that was improperly issued. I believe that patent will be invalidated, probably within 12 months from right now, almost certainly within 18 months from right now.

I believe that IF the acacia patent is not invalidated acacia will be offered megabucks by a big entity that needs to maintain the status quo, and either bought out and absorbed, or tied up in litigation until 2011.

Homegrown. http://www.gofuckyourself.com/images.../xyxthumbs.gif

When the patent gets thrown out, the whole adult industry should have a party for Homegrown and all of the other companies putting up the money and putting in the time to fight this.

Imagine if everyone just caved in like some of the other big companies.

Don't forget Spike when Christmas comes around. :)

Yes. These are not huge companies, but they are successful companies. And all of them could "afford" to pay the 2% shakedown.

Other companies that settled did so because it was financially expediant.

But the companies that did not settle did so because they know this patent is just plain BOGUS---even though they could well afford to settle, they did not.

And that says plenty about their integrity. And that will be remembered a LONG time.

The Homegrown group will probably be the ones to bust the acacia patent, and they will do it, because it is the right thing to do, for the betterment of all of us that use information.

There is a scene in the movie "To Kill a Mockingbird" when Atticus Finch walks into the courtroom and the people in the gallery quietly stand in his honor. It is a very poignant scene.

If you saw the movie you will remember.

In my mind the Homegrown group is Atticus Finch.

Umm.. why not use the David and Goliath example instead? I think they'd rather be called David then Atticus.. just a gues LOL :1orglaugh

I am entirely honored by your compliment and that is a great book.

I must humbly defer to the brothers and sisters we share in our fight, top bucks, Video Secrets, Gamelink, Lightspeed, AEBN, Audio Communications, ARS, and others that choose to remain nameless and help without regard for publicity or accolades. All these people are incredible and I look forward to the day I can reveal them for their generousity.

I hope one day all the heros and martyrs of this ordeal are fully remembered and recognized for the integrity they bring to our industry.

Every one of these companies will acknowledge that they came into this as a self interested "business decision". Today, not one of us would deny that this matter has touched our entire industry. It has the potential of reaching into everyone's pocket book and taking out cash... simply based on dubious claims and substantial threats.

We know now that we are the first and only line of defense that the industry has against this type of frivolous and malicious abuse of process. We all have no intention of giving in and we do intend on seeing this thing through to the end. We all realize this is a business decision for the health of all our businesses. That is good for business.

I thank you all for your incredible compliments and tremendous support.

I am just wondering why everyone is getting all fired up over what is nothing more than a sales packet. You guys get stuff like acacia sent out every day by other marketers. This is no different. What pisses me off is the fact that a certain large company gave our info up. I know the info my packet was sent to only ONE company had.

50 Acacia patents :glugglug

Do you mind being specific?

Many on GFY have said they think it's Matrix.

on this board? yeh i would mind far.

shoot me an email sometime and we can have a little talk. I will be out of touch for a week, maybe more, but after that lets get together.

the primary way of fighting acacia is by not settling. Personally I would push the limits through the legal system if needed.

I hate acacia:helpme

Nuclei: Please email me timlake AT homegrownvideo.com or give my cell a call 206-852-5566

Thanks, I understand and respect your privacy about this.

I hope you are right...



The thing is that they ALLREADY have an injuction from court.

Now my question is:

With that injuction, do they really have to go to court EACH time they want to close a website ?

I don't think so. They just have to show the injuction to your webhost ans that's it. Your site is down.

This is my feeling but I'm not a lwayer and I would really like an accurate answer on this.

Too many people talking off their asses here.

to PROVE you are infringing requires a lawsuit. No one is going to be shutdown just because acacia makes a phone call to your host.


that's the key.

SEE THEM IN COURT!

good advice in the meantime keep informed:

http://www.impai.org

you have to understand something.

acacia is being very clumsy about noticing entities.

many don't even have video, a few don't even have websites.

all of the cases are unique.

they need to WIN A COURT CASE on every website they want to shut down.

SEE THEM IN COURT.

Actually, they cannot close anyone down "willy nilly". They have to get an injunction against each individual company. The only reason they got those other injunctions is because those companies were served with a FORMAL NOTICE, not some threatening letter that is delivered to a mailbox.

Acacia has been threatening to FORMALLY SERVE more people for months... That November deadline is just another deadline ultimatum... and we have heard every month that they will serve more but they have not.

This is not to say that they won't... I am just saying that have been terrible about delivering on promises.

Just because they got injunctions against companies that did not respond to a FORMAL request to appear, does not mean that they can get an injunction against you without DUE PROCESS.

An unregistered letter to a po box does not count.

thank you Far-L for reiterating the point.

you are a leader, and it is good to hear it from the leader.

we know that you can't say too much because we have seen that acacia plays dirty.

acacia is watching this board very carefully. They are weighing the "mood" here very carefully.

They KNOW that sending out formal demands means that they will have to deliver on promises to go to court.

And IF the sentiment here is that most everyone WANTS to see them in court it WILL call their bluff.

THEY CAN'T TAKE 10,000 USA webmasters to court. Not on this flimsy patent.

NO MATTER WHAT JIVE THEY SAY ON YNOT --- Taking 10,000 USA webmasters to court will put them on the sidewalk.

Plenty of $ in the bank they say. IT'S INVESTORS MONEY SILLY, and investors are beginning to take note if you watch the stock dip.

Demand your day in court!

this thread should be reference for every webmaster