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-   -   Time to fight back...ALL TGPS READ THIS (https://gfy.com/showthread.php?t=189615)

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.

Splash 10-24-2003 02:40 PM

Choker,

Like many of the other TGP owners I am not amused at this letter sent by Acacia and I'll gladly donate to see what legality there is to their claim. But, I would think this needs to move extremely fast to give everyone their options before November 30th. Obviously, we are not all in the same boat as some have links to links with vids and some do not. And in my case there's actually a bigger twist to it that I won't go into.


I don't ICQ, but you can e-mail me.

Webattorney 10-24-2003 02:47 PM

Sorry: Fish & Richardson; www.fr.com

Jimbo 10-24-2003 02:51 PM

awesome idea choker, put me on the list and I'm willing to donate if I get my letter from ACACIA wich I didn'T receive yet. I'm in canada will this association protect me still?

goBigtime 10-24-2003 02:53 PM

I dont have a TGP... can I set one up and join? :winkwink:

Choker 10-24-2003 02:54 PM

Quote:

Originally posted by Splash
Choker,

Like many of the other TGP owners I am not amused at this letter sent by Acacia and I'll gladly donate to see what legality there is to their claim. But, I would think this needs to move extremely fast to give everyone their options before November 30th. Obviously, we are not all in the same boat as some have links to links with vids and some do not. And in my case there's actually a bigger twist to it that I won't go into.


I don't ICQ, but you can e-mail me.

Yes, we are talking days to throw this together. With PPK coding for me, we have been known to go from concept to reality in less than 24 hours on many big projects. This will be no exception. We can code all the scripts, get a secure BBS together, etc all within 3, 4 days max. But like I said before first step is to talk to a few attorneys and see where we stand before any money is collected.

Choker 10-24-2003 02:56 PM

Quote:

Originally posted by Webattorney
Sorry: Fish & Richardson; www.fr.com
Thank you. Is your firm taking on new clients for non-patent cases?

goBigtime 10-24-2003 02:56 PM

Quote:

Originally posted by pussyluver

Fine with me if choker starts it. Like him or not, he makes things happen.


Hit the nail on the head.

If Choker gets involved - lookout.

Choker 10-24-2003 03:07 PM

Quote:

Originally posted by Webattorney
Sorry: Fish & Richardson; www.fr.com
Ok, if this firm got a dismissal with prejudice they have taken the biggest bite out of Acacia to date. Holio can you chime in here and post some comments? Point of contact, etc thanks


Webattorney. A password protected membership only legal BBS for 24.99 a month. Unlimited legal questions answered via the BBS only. Think about it. Every webmaster needs legal advice, there are so many lost souls......

Choker 10-24-2003 03:24 PM

Come on guys, how about some help here. If I posted a thread about funny pics this thread would be 20 pages long by now of pics from all over the web. We need law firms that have dealt with Acacia before. Surely somone has info. Also I recall reading a court ruling that stated that websites are not resposible for linking to other sites. Surely somone knows about this. If true this would directly conflict with what Acacia is claiming, then Acacia would have to over turn that court ruling in order to pursue their case.

FATPad 10-24-2003 03:25 PM

Quote:

Originally posted by Choker


Ok, if this firm got a dismissal with prejudice they have taken the biggest bite out of Acacia to date. Holio can you chime in here and post some comments? Point of contact, etc thanks


Webattorney. A password protected membership only legal BBS for 24.99 a month. Unlimited legal questions answered via the BBS only. Think about it. Every webmaster needs legal advice, there are so many lost souls......

Dismissed without prejudice doesn't mean anything.

It can be as simple as a clerical error or mispelling on the suit.

Choker 10-24-2003 03:31 PM

Quote:

Originally posted by FATPad
Dismissed without prejudice doesn't mean anything.

It can be as simple as a clerical error or mispelling on the suit.

That's all there is at this point. Has anyone actually went head to head with Acacia and came out smiling?

Oracle Porn 10-24-2003 03:32 PM

Choker ICQ me...
I want to donate some cash! :thumbsup

Oracle Porn 10-24-2003 03:34 PM

p.s. 9 4 3 9 9 7 2 3

JDog 10-24-2003 03:34 PM

I agree, tgps & freesites don't have video running off their direct domain! So why the hell would it matter to sue them! I think the TGP's now need to ban together!

Otherwise were all going to be FUCKED for linking to a fucking gallery!

jDoG

FATPad 10-24-2003 03:34 PM

Quote:

Originally posted by Choker

That's all there is at this point. Has anyone actually went head to head with Acacia and came out smiling?

Sony, Sharp and Toshiba

Summary judgement against Acacia in the v-chip case.

HarlotCash Dyker 10-24-2003 03:36 PM

Count me in, Choker

icq 7915057

Choker 10-24-2003 03:37 PM

Quote:

Originally posted by Oracle Porn
Choker ICQ me...
I want to donate some cash! :thumbsup

Thanks, but first I need some point of contacts for patent attorneys. I can start calling monday morning. I am hoping we can do this as a single law firm REPRESENTING people who wish it. So if this happens we can figure out a flat rate per webmaster, domain or whatever. I know I don't like the idea of "donating" as I have no idea what my money is doing. I want it set up so each webmaster is getting represented. So each gets a service for the money he spends, not just money thrown in to a pot that nobody knows what is going on with.

reasonableness 10-24-2003 03:49 PM

Quote:

Originally posted by Choker
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.

http://www.fr.com/ <- Fish and Richardon

http://www.fr.com/about/directions.cfm?child=addresses <- contacts

-----
Silicon Valley
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone:650 839-5070
Facsimile:650 839-5071
Managing Principal: David J. Miclean
---

In general I support the sentiment of banding together and fighting this. Many have suggested it. Choker can be our George Washington and lead us to action.


A few thoughts:

1. if I were an independant business owner, and not incorporated, I think I could sue anybody for anything about my business. Maybe I might go down to the courthouse and file a pro se lawsuit against acacia for extortion

2. it seems to me if I did #1 then organizations like EFF, EPIC, Fight the Patent, IMPAI would support me

3. There is a legal concept of suing for declaratory relief, bringing an issue before a judge before you are sued, and ask him him to determine

4. ACACIA is supposed to have $50Million dollars in cash. That will pay for a lot of attorneys

5. As fucked up as the courts are, they are objective, and a groundswell of public sympathy will emerge for independant business folks fighting this - if you are a small unincorporated business owner, don't be afraid! You can be a patriot and take matters into your own hands

6. Corporations HAVE to hire attorneys to fight these things

7. My strategy recommendation would be to get someone like Carreon or Roberts or F&R to organize an initial strike against Acacia, then let it turn a patent issue later.

To support point 7 - Acacia seems to be making assertions that are not proven in a court of law - that's not illegal, but it may leave them open to damage in some states, especially liberal california where I believe they reside.

Choker - ICQ me 336189731 please.

Splash 10-24-2003 03:49 PM

Choker,

Has there been any word from the international TGP owners whether they are also being sent *hack packs*? I don't know of any lawyers(attempt to stay away from them), but I've got a pretty dedicated crowd, so I'll probably put up a warning that links to vids may come down soon and see if I can get any input.

FightThisPatent 10-24-2003 03:55 PM

Quote:

Originally posted by reasonableness


4. ACACIA is supposed to have $50Million dollars in cash. That will pay for a lot of attorneys



Their financial sheets are all messed up, combining different divisions, etc.

On the 3Q conference call, the CEO or President commented that they have $1M set aside for patent litigation.

They don't have $40M in the bank.. i think the $27M they got from V-Chip licenses got sucked away to other parts of the company.

$1M is not that much for a year's worth of patent ligitigation.. maybe they are hoping everyone just rolls over... oh wait, there are 11 defendants jus waiting for their day in court...


Fight the Patent!


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