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Choker 10-24-2003 01:17 PM

Quote:

Originally posted by Big Fish 47
I'll do whatever I can. I can't donate too much, but I'll donate what I can.

Count me in!

162994693

Let's get a list of attorneys together first and make a few phone calls and get a estimation on what the total cost may be per webmaster. If it is $100 each, then everyone who wants to be represented ponies up $100. If later on we have to fight more and costs goes up by $50 per webmaster, pay the $50 more or the attorney no longer represents you. Pretty simple, I think :arcadefre

4Pics 10-24-2003 01:21 PM

I'd go with whoever Holio used, since they are the only one to have won.

Who the fuck cares if they settled, anyone can do that.

freeadultcontent 10-24-2003 01:22 PM

Quote:

Originally posted by Choker


Let's get a list of attorneys together first and make a few phone calls and get a estimation on what the total cost may be per webmaster. If it is $100 each, then everyone who wants to be represented ponies up $100. If later on we have to fight more and costs goes up by $50 per webmaster, pay the $50 more or the attorney no longer represents you. Pretty simple, I think :arcadefre

Cool, that would only mean about 260,000 webmasters paying 100.00 each.

Choker 10-24-2003 01:22 PM

Quote:

Originally posted by freeadultcontent


Why do you say this? I am pretty damn sure they have choice of venue. If that is the case naturally they will sue you in a location that is bennificial to them and as costly for you as possible. Generally companies will sue you near their head quarters, thus making it cheaper for their legal fees, while you and your attornies ect. need to be present in that location which costs you even more money.


As for grouping together, is that not what the impai is doing?

Would it be cheaper for me to fly to California, find a attorney and fight there or

The same attorney/firm flies to California and represents us all. If they file the cases in California, there is NO WAY a judge would not agree to hear all the cases at the same time, if the same attorney represented the repsondants of 500 different cases. The court would much rather clear their docket by holding one trial than 500 trials. But the reson for this post is not to go to trial. It is to avoid going to trial.

freeadultcontent 10-24-2003 01:23 PM

Quote:

Originally posted by 4Pics
I'd go with whoever Holio used, since they are the only one to have won.

Who the fuck cares if they settled, anyone can do that.

Dismissed without prejudice is not winning. Not trying to burst your bubble. Look up that legal term.

Fletch XXX 10-24-2003 01:23 PM

Quote:

Originally posted by Squirtit


WOE WOE WHAT THE FUCK ARE YOU TALKING ABOUT????


One might ask you the same guy. I have no clue what YOU are talking about.

All I asked what where is Larry on all this?

:)

Bladewire 10-24-2003 01:24 PM

Quote:

Originally posted by 4Pics
I'd go with whoever Holio used, since they are the only one to have won.

Who the fuck cares if they settled, anyone can do that.

Holio is not what they seem. Do you NOT think that if Holio WON there would be no more lawsuits?

Think about it my friend. It has been said by others that Holios "win" is the reason letters are being sent out!

http://www.gofuckyourself.com/showth...#p ost2584875

freeadultcontent 10-24-2003 01:24 PM

Quote:

Originally posted by Choker


Would it be cheaper for me to fly to California, find a attorney and fight there or

The same attorney/firm flies to California and represents us all. If they file the cases in California, there is NO WAY a judge would not agree to hear all the cases at the same time, if the same attorney represented the repsondants of 500 different cases. The court would much rather clear their docket by holding one trial than 500 trials. But the reson for this post is not to go to trial. It is to avoid going to trial.

Umm avoid going to trial? Are you thinking of performing some sort of settlement?

Bladewire 10-24-2003 01:26 PM

Quote:

Originally posted by Fletch XXX


One might ask you the same guy. I have no clue what YOU are talking about.

All I asked what where is Larry on all this?

:)

Ah.. great! We're on the same page then :thumbsup

Choker 10-24-2003 01:29 PM

Quote:

Originally posted by freeadultcontent


Cool, that would only mean about 260,000 webmasters paying 100.00 each.

Dude, the costs will never be like this. We are talking about getting a attorney to challenge Acacias claims that TGPs and other free sites are NOT violating this patent. That's it. If this has to go to trial, we are all fucked so much it will not matter at that point anymore. If Acacia can prove that a site linking to movies is in violation of their license, then nothing really matters anymore, now does it?

I doubt the attorney will have to do much more than research and discussion with Acacia. the goal here is to get a written legal document from Acacia agreeing NOT to pursue legal action against webmasters he or she represents. Think of the precedent this could set.

Bladewire 10-24-2003 01:30 PM

Quote:

Originally posted by freeadultcontent


Dismissed without prejudice is not winning. Not trying to burst your bubble. Look up that legal term.

Court cases have been dismissed before because the bad guy decided not to pursue someone, or because a sweetheart deal was made. I'm not saying that about Holio, because I don't know for sure, but I can tell you it's common practice.

FreeAdultContent is right a dismiss is not a win. Going before a judge and jury and being awarded in your favor is winning.

SKULL 10-24-2003 01:32 PM

I'm in... let me know when we can start donating... this is a great way to stop this nonsense.. thanx Chocker

Reak 10-24-2003 01:32 PM

Chocker, Count me in for a Donation

ICQ: 348847818 or [email protected]

Oracle Porn 10-24-2003 01:32 PM

good stuff choker!

keescash 10-24-2003 01:33 PM

yeah lets go tro war

i like choker!!

4Pics 10-24-2003 01:34 PM

Quote:

Originally posted by Squirtit


Court cases have been dismissed before because the bad guy decided not to pursue someone, or because a sweetheart deal was made. I'm not saying that about Holio, because I don't know for sure, but I can tell you it's common practice.

FreeAdultContent is right a dismiss is not a win. Going before a judge and jury and being awarded in your favor is winning.

I could of sworn I read yesterday that Jim@Holio said that they did not settle. So what that means is the other side dropped the suit? Or decided they wouldn't win.

Anyhow I would suggest talking to their attorney since anyone who has settled has not helped the cause only themselves.

freeadultcontent 10-24-2003 01:36 PM

Quote:

Originally posted by Choker

Dude, the costs will never be like this. We are talking about getting a attorney to challenge Acacias claims that TGPs and other free sites are NOT violating this patent. That's it. If this has to go to trial, we are all fucked so much it will not matter at that point anymore. If Acacia can prove that a site linking to movies is in violation of their license, then nothing really matters anymore, now does it?

I doubt the attorney will have to do much more than research and discussion with Acacia. the goal here is to get a written legal document from Acacia agreeing NOT to pursue legal action against webmasters he or she represents. Think of the precedent this could set.

I feel for you and understand your thought process man, really I do. I would love to see you be able to do this. Would they fold like that though? I honestly would give better odds to a quadruple amptutee wining an olympic medal in track and field events.
You said they key words yourself in your post. "Think of the precedent this could set" Unless they are complete and utter morons, which they do not seem to be. They would not open such a loophole as this.

Choker 10-24-2003 01:37 PM

Quote:

Originally posted by freeadultcontent


Umm avoid going to trial? Are you thinking of performing some sort of settlement?

No not at all. I am talking about getting a attorney to challenge Acacia's claim that any site linking to another site with movies on it is NOT IN VIOLATION of their license. In order for Acacia to prove this, well think about how stupid this would make them look. Think Acacia wants to explain to a jury why they go after joeblow who runs a 10k a day tgp instead of google? This would be a DISASTER for Acacia.

This is a loose loose situation for Acacia

1. If Acacia insists that tgps are in violation, they are fucked. This means every site on the web practically is in violation. Think any sane jury would rule in Acaci's favor if it went to trial?

2. If Acacia agrees that sites linking to other sites with movies on it them are not in violation, all free sites are off the hook and a MAJOR precendent is set for others to use in fighting their patent diputes with Acacia

FightThisPatent 10-24-2003 01:38 PM

[QUOTE]Originally posted by Fletch XXX
[B]where is lawrence walters in all this?
QUOTE]


Um, isn't Larry a 1st amendment (free speech) attorney?





Fight the Patent!

freeadultcontent 10-24-2003 01:39 PM

Quote:

Originally posted by 4Pics


I could of sworn I read yesterday that Jim@Holio said that they did not settle. So what that means is the other side dropped the suit? Or decided they wouldn't win.

Anyhow I would suggest talking to their attorney since anyone who has settled has not helped the cause only themselves.

It was dismissed without prejudice. This is just a legal term that means neither side wins. The without prejudice means the court will not take either side at this time, and either side may file another suit when they desire.

Mike-BP 10-24-2003 01:39 PM

http://www.firstamendment.com/

IntenseCash 10-24-2003 01:41 PM

Awesome idea choker! We can fight back against this joke of a patent if we all battle against it.

Can someone design a page for us webmasters to sign up and then we can get a better idea on how much each of us will pay after all costs are tallied up.

:ak47: Acacia

FightThisPatent 10-24-2003 01:41 PM

Quote:

Originally posted by Choker

We need a attorney representing us all in mass. I doubt VERY seriously that any site that simply links to a gallery with video on it is actually in violation of this patent. However since we are being challenged it is up to US to prove this.



All the TGP'ers can file a class action lawsuit!

Should you pull this fund together and get an attorney, have them contact me, I will help out with the prior art stuff I have found and present my observations and findings.



Fight the Patent!

freeadultcontent 10-24-2003 01:42 PM

Quote:

Originally posted by Choker

No not at all. I am talking about getting a attorney to challenge Acacia's claim that any site linking to another site with movies on it is NOT IN VIOLATION of their license. In order for Acacia to prove this, well think about how stupid this would make them look. Think Acacia wants to explain to a jury why they go after joeblow who runs a 10k a day tgp instead of google? This would be a DISASTER for Acacia.

This is a loose loose situation for Acacia

1. If Acacia insists that tgps are in violation, they are fucked. This means every site on the web practically is in violation. Think any sane jury would rule in Acaci's favor if it went to trial?

2. If Acacia agrees that sites linking to other sites with movies on it them are not in violation, all free sites are off the hook and a MAJOR precendent is set for others to use in fighting their patent diputes with Acacia


Arghhhhhh!!!! man we should just talk so you can ask your attorney some key questions. Again your theory of logic is sound, but court rooms do not operate on logic.

Bladewire 10-24-2003 01:44 PM

Quote:

Originally posted by Mike-BP
http://www.firstamendment.com/
I created a script a while back that verified age by birth date and received an email from Larry Walters that I might be infringing on his patent! The script I used is the same type as on the http://www.budweiser.com site and has been around since the early '90's. Larry's script is here: http://www.birthdateverifier.com/

Tell me that his Trademarked Patent Pendind script hasn't been used/seen all over the net in the past?

Has anyone seen recommendations from people in the industry for Larry Walters or just articles made by him to promote himself? hhhhhmmmmm

Choker 10-24-2003 01:46 PM

Quote:

Originally posted by IntenseCash
Awesome idea choker! We can fight back against this joke of a patent if we all battle against it.

Can someone design a page for us webmasters to sign up and then we can get a better idea on how much each of us will pay after all costs are tallied up.

:ak47: Acacia

Yep this will be done. but first I need a list of attorneys so I can call Monday morning and get some feedback and develop a gameplan. Anyone that has a attorney that has dealt with Acacia please post their info so we can get a list together of potential attorneys PLEASE thanks

Theo 10-24-2003 01:46 PM

choker gained my trust long time ago. I would like to see him playing an active role on this :thumbsup

rooster 10-24-2003 01:46 PM

until acacia gets a linksite/tgp shut down with a injunction that isnt a result of a default judgment they are completely full of shit.

I dont think it would be too hard to win the case that linking to a video isnt a violation of their patent. Its absurd, Acacia knows its absurd, and they would never want to go to trial to try and uphold that. Plus double dipping is illegal.


In additon to doing a group countersuit, I would also organize a mass filing of extortion complaints. The state of california cant ignore a couple hundred extortion complaints.

freeadultcontent 10-24-2003 01:49 PM

Quote:

Originally posted by rooster
until acacia gets a linksite/tgp shut down with a injunction that isnt a result of a default judgment they are completely full of shit.

I dont think it would be too hard to win the case that linking to a video isnt a violation of their patent. Its absurd, Acacia knows its absurd, and they would never want to go to trial to try and uphold that. Plus double dipping is illegal.


In additon to doing a group countersuit, I would also organize a mass filing of extortion complaints. The state of california cant ignore a couple hundred extortion complaints.

Question really is, can you afford the ride?

FightThisPatent 10-24-2003 01:49 PM

Quote:

Originally posted by Choker



Article: Gary Kremen: 'If you are an affiliate, you are liable'

http://www.setgo.com/article.html?id...b384a9be3511bb



hey, your famous, you got your name in a Luke Ford article!

:Graucho



Fight the Patent!

rooster 10-24-2003 01:53 PM

I think krmen is offbase :2 cents: Should stick to dating sites.

Choker 10-24-2003 01:54 PM

Quote:

Originally posted by rooster
until acacia gets a linksite/tgp shut down with a injunction that isnt a result of a default judgment they are completely full of shit.

I dont think it would be too hard to win the case that linking to a video isnt a violation of their patent. Its absurd, Acacia knows its absurd, and they would never want to go to trial to try and uphold that. Plus double dipping is illegal.


In additon to doing a group countersuit, I would also organize a mass filing of extortion complaints. The state of california cant ignore a couple hundred extortion complaints.

Great posts

Quote:

until acacia gets a linksite/tgp shut down with a injunction that isnt a result of a default judgment they are completely full of shit.
Nobody want's to be the first. Acacia would get default judgements one after another. How many TGP owners would fight them? this would give Acacia more ammo. What if Acacia got a ruling against a tgp? It can happen, anything can happen. then we are all fucked. Instead of sitting back and taking a lets wait and see what happens position, lets go proactive and get Acacias claims that free sites are in violation nullified.

cygni_alpha 10-24-2003 01:55 PM

Choker I am a little fish in a very big pond put I'll chip in there is no other way us little guy's are going to be able to fight this unless we ban together. Just let me know where to sign up:thumbsup
315544488

Choker 10-24-2003 02:00 PM

Quote:

Originally posted by FightThisPatent


Article: Gary Kremen: 'If you are an affiliate, you are liable'

http://www.setgo.com/article.html?id...b384a9be3511bb



hey, your famous, you got your name in a Luke Ford article!

:Graucho



Fight the Patent!

Gary's just pissed because I de-railed his spam campaign. LOL

DUC: "I hear that many of these thieves come from Russia, Eastern Europe and maybe Holland."

Gary: "If you buy traffic [from folks like sex.com], that will not happen to you. We don't have affiliates. We don't have anyone who's incentive is to get paid in 14 days while three months later, the credit card bounces.

No affiliates eh? LOL. Why does anyone deal with this piece of shit anymore.

Theo 10-24-2003 02:00 PM

lol indeed kremen made a reference to choker :1orglaugh

gotta love gfy drama,nothing can replace it

FightThisPatent 10-24-2003 02:01 PM

Quote:

Originally posted by Choker

Why does anyone deal with this piece of shit anymore.

sorry to make ya ill...just thought you would want to know..

:)


Fight the Patent!

broke 10-24-2003 02:03 PM

Alarmist attitudes make me laugh.

Where is google in the defense? Don't they also link to the same video?

SR 10-24-2003 02:04 PM

I didn't read all posts so sorry if this is already posted.

I think it's bullshit if they go after tgp's.
Most tgps are just a list of links going to domains owned by others.
Doesn't matter if there are movies on the other domains. If it matters it means that search engines also will have to pay for linking to a page containing movies?

rooster 10-24-2003 02:07 PM

I think their strategy on this is clear. Get some tgps shutdown due to a injuction on a default lawsuit, send a huge wave of panic, and get some licenees. They will go after handful of medium to big tgps and will get lucky with a couple.

Then from there they just let a bunch of scared people sign out of fear.

Its a smart strategy on their part. By just fucking with a handful of sites they could bring in some license money from the chain reaction.


Just have to put a wrench in their little plan now.

broke 10-24-2003 02:09 PM

Quote:

Originally posted by rooster
Its a smart strategy on their part. By just fucking with a handful of sites they could bring in some license money from the chain reaction.
This is NOT a smart strategy.

Any strategy that depends on the stupidity of others is not a good one...




It may work based on what I've seen here, but I digress....

Choker 10-24-2003 02:14 PM

Quote:

Originally posted by broke
Alarmist attitudes make me laugh.

Where is google in the defense? Don't they also link to the same video?

TGP owners are now being sent this letter. Next will be the notice of lawsuit. At that point You have xxx amount of days to reply. After that a court date is set and if you don't show up they get a default judgement. You are fucked. Pay a little now or pay a lot later. that is the choice. No if's and's or but's about it. Acacia is not going to stop until they are getting money from every gallery,tgp,cj, paysite, linklist there is.

I'm not going to waste any more time explaining this. If you want to get in fine, if not that's fine too. What I need is a list of attorneys to contact Monday morning so we can get this going.

swedguy 10-24-2003 02:16 PM

I can see why Acacia would REALLY want to win a case like this.

Lets imagine if Acacia would lose the case against TGP/freesite owners.
Then one company (Company 1) that has an Acacia license could open up and only serve videos for other companies (Companies X).
Companies X only link to videos that are one Company 1's servers, no videos on their own server.
That's basically the same as the TGP -> Gallery relation.

kenny 10-24-2003 02:18 PM

I dont understand how TGPs violate the patent. Federal law allows you to link to any site I thought. If it is in violation 90% of the internet is in violation for linking to a site that uses streaming media.

Choker 10-24-2003 02:18 PM

Quote:

Originally posted by SR
I didn't read all posts so sorry if this is already posted.

I think it's bullshit if they go after tgp's.
Most tgps are just a list of links going to domains owned by others.
Doesn't matter if there are movies on the other domains. If it matters it means that search engines also will have to pay for linking to a page containing movies?

Your opinion and my opinion on this does not matter. They are going after these sites now. They are doing it in a bulk email style. Why do think this is? They are fishing to see what is there and if they should go there. As individuals we are fish in a barrel. We need to unite, pool our resources, get representation and show Acacia that "going there" is not going to work.

broke 10-24-2003 02:20 PM

Quote:

Originally posted by Choker

TGP owners are now being sent this letter. Next will be the notice of lawsuit. At that point You have xxx amount of days to reply. After that a court date is set and if you don't show up they get a default judgement. You are fucked. Pay a little now or pay a lot later. that is the choice. No if's and's or but's about it. Acacia is not going to stop until they are getting money from every gallery,tgp,cj, paysite, linklist there is.

Go ahead and take your path. No one is stopping you.

Don't let previous hostilities overrun your sense of logic.




I have my acadia 'sales copy' too.

I have no problem showing up in court anywhere any day.

I know will win 100 times out of 100 -- defending myself..

kenny 10-24-2003 02:25 PM

Basicly they are trying to make a case that they own the internet. Linking to sites can not be a violation.

Webattorney 10-24-2003 02:26 PM

Hello All. I heard of your discussion, and figured I'd take a break from the battle to chime in. You're smart to organize against Acacia. There is strength in numbers to be sure. I've been preaching that concept for years.

I appreciate the mention of potential representation, but unfortunately, this will have to be another lawyer's battle. As one of you observed, I am a First Amendment attorney. While we advise our clients on many issues relating to the Adult Internet Industry, patent claims are a specialty best handled by registered patent lawyers. I know that Homegrown's group hired Fish & Richardson, and they have a reputation for doing this kind of work. Whoever you consult, that attorney should have a strong background in patent litigation, and many years of experience, to jump into this fray.

I don't know what my age verification script (www.birthdateverifier) has to do with the discussion, but for the record, I have not threatened anyone with any infringement claims relating to that invention. This is just something that I let my clients use free of charge.

Keep up the good fight and good luck with this one.

Larry Walters, Esq.
www.FirstAmendment.com

crockett 10-24-2003 02:27 PM

Choker I belive this is the guy you're talking about .. http://www.firstamendment.com/

I just got my letter today was expecting it... I have no video on my servers and I streem nothing... only thing I have reguarding video's is links to hosted galleries...

Acrapica are a buch of tools and I'm planning on fighting them any way I can... I don't have a lot of money to fight, but I will shut my sites down and dig ditches before I will give Acrapica a dime for extortion.

btw, I'm over in Melbourne not far from you.. I think an orginized group would be better on our behalf but I allso wonder if that would make it easier for Acrapica... by giving them one large target rather than many small ones.


They don't have the money to take us all to court one by one, and I really think we need to focus on that and try to drain their funds as fast as we can. Right now they are telling their share holders they arn't fighting any court cases... If that changed and they were having to speed a lot of money to fight stock prices would suffer.. and we know that's all this is about is stock prices.

Choker 10-24-2003 02:33 PM

Quote:

Originally posted by Webattorney
Hello All. I heard of your discussion, and figured I'd take a break from the battle to chime in. You're smart to organize against Acacia. There is strength in numbers to be sure. I've been preaching that concept for years.

I appreciate the mention of potential representation, but unfortunately, this will have to be another lawyer's battle. As one of you observed, I am a First Amendment attorney. While we advise our clients on many issues relating to the Adult Internet Industry, patent claims are a specialty best handled by registered patent lawyers. I know that Homegrown's group hired Fish & Richardson, and they have a reputation for doing this kind of work. Whoever you consult, that attorney should have a strong background in patent litigation, and many years of experience, to jump into this fray.

I don't know what my age verification script (www.birthdateverifier) has to do with the discussion, but for the record, I have not threatened anyone with any infringement claims relating to that invention. This is just something that I let my clients use free of charge.

Keep up the good fight and good luck with this one.

Larry Walters, Esq.
www.FirstAmendment.com

Thanks for posting. Yes we need to get together a good list of patent attorneys and go from there. I called your office before and was unable to get thru to a attorney. I live 10 minutes from your Orlando office and am in need of Internet related legal services, c&d letters and the like.

Choker 10-24-2003 02:40 PM

ok, so we only have one law firm so far and no contact info for them

Fish & Richardson Holio care to hook us up with contact info?

Anyone else that knows of any firms that has engaged Acacia to date please post info here.

It's time to stop the bitching and speculation and take action.


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