Acacia jumping the gun.. Let's cool their jets >> - GoFuckYourself.com

Scootermuze · 10-25-2003, 08:10 AM

The letters you are receiving say that you ARE infringing, however, in that there is an ongoing case, it is up to the judge/jury to decide whether you are or not, and not Acacia.

As with a similar case, linked from another board.. should they decide to sue you, just petition the court for a stay until such time as the ongoing, identical case has reached its verdict.

Such petitions are not uncommon when there is a current, identical case ongoing which involves the same plaintiff.

Your answer to their letter could reflect your intentions to do just that..

It's always your choice as to how you approach the matter, but I would talk with an attorney and check into it

LadyMischief · 10-25-2003, 08:14 AM

Good advice.. and people should becalling their attorneys.. Sure, all the pissing and shitting on Acacia papers is funny, but in reality, it doesn't do much for the real legal threat. People SHOULD still take it seriously, because not doing so can land them in hot water.

Dawgy · 10-25-2003, 08:18 AM

so true. theyre accusing people of doing things with zero proof and zero reasoning. amp is the perfect example. bring that letter into a court room and the judge will laugh acacia right into a 'contempt' hearing.

Scootermuze · 10-25-2003, 08:25 AM

I almost hope they do take one of the people to court that has nothing at all to do with video/audio, or even links to such..

Judges hate frivilous and erroneous lawsuits..

And hopefully it would be a defendant that would love nothing more than knockin' Acacia's dick in the dirt..

FightThisPatent · 10-25-2003, 08:28 AM

Quote:

Originally posted by Dawgy
so true. theyre accusing people of doing things with zero proof and zero reasoning. amp is the perfect example. bring that letter into a court room and the judge will laugh acacia right into a 'contempt' hearing.

You can't bring that letter to court unless they SUE you first.

Their letters are not threatening enough for you to go into court with your lawyer and ask for Declaratory Judgement...especially if you believe you are not infringing.

Since their letters will not be construed as threatening by any attorney, you can only respond to them and tell them that you don't believe you are infringing (try not use 4 letter words) and if they believe you are, then they can file court papers after Dec 1st, and then you can try to wave that letter in front of the judge.

At that point, you are spending some bucks on attorneys fees and that's when Acacia will probably ask you if you have had enough and wish to settle for an amount less then what you will end up paying in litigation expenses.

They are clearly taking advantage of Patent and Civil Law...and they are a bunch of lawyers...while i believe they don't know too much about patents and prior art, I can see that they do know the law and how to use it to their advantage.

Fight the Patent!

Dawgy · 10-25-2003, 08:39 AM

Quote:

Originally posted by FightThisPatent
You can't bring that letter to court unless they SUE you first.

Their letters are not threatening enough for you to go into court with your lawyer and ask for Declaratory Judgement...especially if you believe you are not infringing.

Since their letters will not be construed as threatening by any attorney, you can only respond to them and tell them that you don't believe you are infringing (try not use 4 letter words) and if they believe you are, then they can file court papers after Dec 1st, and then you can try to wave that letter in front of the judge.

At that point, you are spending some bucks on attorneys fees and that's when Acacia will probably ask you if you have had enough and wish to settle for an amount less then what you will end up paying in litigation expenses.

They are clearly taking advantage of Patent and Civil Law...and they are a bunch of lawyers...while i believe they don't know too much about patents and prior art, I can see that they do know the law and how to use it to their advantage.

Fight the Patent!

bullshit. if someone sends me a letter, telling me i am doing something i am not, and demanding that i pay them money - i will take them to court, and i will win. it has nothing to do with patents or infringement, it has to do with threats & extortion.

the fact that these letters are sent out like spam to any and all names they can get their hands on, doesnt help their case. sending a letter to Mr Amputate Your Head or Mr Dawgy or whatever... thats just stupid on their part & they will pay for it in the end.

KRL · 10-25-2003, 08:48 AM

This is Acacia strategy.

Dawgy · 10-25-2003, 08:50 AM

Quote:

Originally posted by KRL
This is Acacia strategy.

haha yeah.

i was taught to be proactive

dont wait for someone to fuck you,
bend them over & fuck them first.

Scootermuze · 10-25-2003, 09:01 AM

Quote:

Originally posted by Dawgy

bullshit. if someone sends me a letter, telling me i am doing something i am not, and demanding that i pay them money - i will take them to court, and i will win. it has nothing to do with patents or infringement, it has to do with threats & extortion.

the fact that these letters are sent out like spam to any and all names they can get their hands on, doesnt help their case. sending a letter to Mr Amputate Your Head or Mr Dawgy or whatever... thats just stupid on their part & they will pay for it in the end.

It seems to be that since there is an ongoing case, and until the court makes its determination, Acacia should be prohibited from any further mailings of such accusations.

webair · 10-25-2003, 11:16 AM

lay low let them come to you...DO NOT REPLY

Contact a lawyer

radical · 10-25-2003, 11:19 AM

Acacia is provoking hassle us webmasters don't need!! fuck em!!

10-25-2003, 08:10 AM	#1
Scootermuze Confirmed User Join Date: Dec 2001 Posts: 4,513	Acacia jumping the gun.. Let's cool their jets >> The letters you are receiving say that you ARE infringing, however, in that there is an ongoing case, it is up to the judge/jury to decide whether you are or not, and not Acacia. As with a similar case, linked from another board.. should they decide to sue you, just petition the court for a stay until such time as the ongoing, identical case has reached its verdict. Such petitions are not uncommon when there is a current, identical case ongoing which involves the same plaintiff. Your answer to their letter could reflect your intentions to do just that.. It's always your choice as to how you approach the matter, but I would talk with an attorney and check into it

10-25-2003, 08:14 AM	#2
LadyMischief Orgasms N Such! Industry Role: Join Date: Sep 2002 Location: Oakville, Ontario Posts: 18,135	Good advice.. and people should becalling their attorneys.. Sure, all the pissing and shitting on Acacia papers is funny, but in reality, it doesn't do much for the real legal threat. People SHOULD still take it seriously, because not doing so can land them in hot water. __________________ ICQ 3522039 Content Manager - orgasm.com [email protected]

10-25-2003, 08:18 AM	#3
Dawgy Confirmed User Join Date: Jul 2001 Posts: 5,856	so true. theyre accusing people of doing things with zero proof and zero reasoning. amp is the perfect example. bring that letter into a court room and the judge will laugh acacia right into a 'contempt' hearing. __________________ the revolution is coming.

10-25-2003, 08:48 AM	#7
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	This is Acacia strategy. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

10-25-2003, 11:16 AM	#10
webair Confirmed User Industry Role: Join Date: Feb 2002 Location: NYC, NY Posts: 8,531	lay low let them come to you...DO NOT REPLY Contact a lawyer __________________ ~ Webair Dedicated Cloud Servers™ ~ WEBAIR VSYS™ Virtual Hosting Platform ~ Superior CDN Network ~ ~ Managed Dedicated hosting Specialists ~ DISCOUNT DOMAIN NAMES! ~ WEBAIR FUSION IO MANAGED CLOUD SERVERS! ~ *ICQ:* 243116321 - *TWITTER* - @WEBAIRINC - E-Mail: [email protected]

10-25-2003, 08:25 AM	#4
Scootermuze Confirmed User Join Date: Dec 2001 Posts: 4,513	I almost hope they do take one of the people to court that has nothing at all to do with video/audio, or even links to such.. Judges hate frivilous and erroneous lawsuits.. And hopefully it would be a defendant that would love nothing more than knockin' Acacia's dick in the dirt..

10-25-2003, 11:19 AM	#11
radical Confirmed User Join Date: Oct 2003 Location: Bonnie Scotland Posts: 2,876	Acacia is provoking hassle us webmasters don't need!! fuck em!! __________________ ICQ: 166108967