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Welcome to the GoFuckYourself.com - Adult Webmaster Forum forums. You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! If you have any problems with the registration process or your account login, please contact us. |
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| Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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10-22-2003, 07:28 AM
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#1 |
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Registered User
Industry Role:
Join Date: Aug 2003
Location: QWEBEC Corporate Office
Posts: 7,124
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I received an A C A C I A letter today !
Well I received a letter form those guys today, they want me to buy a license prior NOVEMBER 30 or they will sue me...
Thw funny thing I don't do video streaming from my paysites, I have videos thru some of my content providers (plug-in) from who I rent content, but the only thing I serve from my servers are pics !!! What should I do with this letter??? I left a message few minutes ago at the phone number they gave me on the letter... Does this shit means that If I use my digital camcorder to shoot some scene of Quebec City, edit it thru FinalCut and I show it on my website using the quicktime plugin that everyone already have on his machine, I am commiting an infrigement ???? WTF ??? As a designer, does this touch me as well or only my customers... ? Thanks |
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10-22-2003, 07:43 AM
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#2 |
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Confirmed User
Industry Role:
Join Date: Sep 2001
Location: North America
Posts: 2,016
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Hmm... thought Acacia did not have patents in Canada?
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10-22-2003, 07:59 AM
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#3 | |
Join Date: May 2002
Location: Montreal
Posts: 6,797
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Quote:
qwebecexpo, do you have an office in the USA?
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10-22-2003, 08:00 AM
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#4 |
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Registered User
Industry Role:
Join Date: Aug 2003
Location: QWEBEC Corporate Office
Posts: 7,124
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Ho ?
So if I am inCanada and my servers as well. i maybe ok ? But my content providers are in US..... Ok I read a bit since I started this thread. I learned (if the info was right), that I will have to pay to use somebody else video streaming (content providers), but not them, so we'll be hundreds to pay using the same videos ? This is a legal SCAM !!!  The small guy who is sending a couple of signup or sales to Video Secrets will have to pay a licence ??? |
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10-22-2003, 08:03 AM
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#5 | |
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Registered User
Industry Role:
Join Date: Aug 2003
Location: QWEBEC Corporate Office
Posts: 7,124
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Quote:
But my content providers are form US... I am also using some free videos, livecams with upsales, kind of Flirt4Free things ... [edit:typo] |
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10-22-2003, 08:07 AM
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#6 |
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hi
Industry Role:
Join Date: Jun 2002
Posts: 16,731
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siun jing
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M3Server - NATS Hosting |
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10-22-2003, 08:08 AM
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#7 |
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Join Date: May 2002
Location: Montreal
Posts: 6,797
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If I were you:
Id have my lawyer write them a legal letter concerning the whole US/Canada issue. The letter should cost you $100-200, it will buy you some time to really look into your situation. Good luck, Please let us know how it turns out
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10-22-2003, 08:09 AM
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#8 | |
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Join Date: May 2002
Location: Montreal
Posts: 6,797
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Quote:
thx, Ray
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10-22-2003, 08:14 AM
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#9 | |
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Registered User
Industry Role:
Join Date: Aug 2003
Location: QWEBEC Corporate Office
Posts: 7,124
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Quote:
 They are personnal friends.  Thanks for the advice, does my regular familly lawyer can do that, or i need one who knows our business (adult) a little ? |
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10-22-2003, 08:35 AM
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#10 | |
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Confirmed User
Industry Role:
Join Date: Sep 2001
Location: North America
Posts: 2,016
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Quote:
You should not have to pay for 3rd party plugins. They are not on your servers and you don't own them. You simply LINK to them from your member area. I did not read anywhere in the Acadia documents that you need a licence if you have LINKS to other websites streaming video. Otherwise, almost every single website on the net needs a licence. |
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10-22-2003, 08:36 AM
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#11 |
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hi
Industry Role:
Join Date: Jun 2002
Posts: 16,731
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tsai hung
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M3Server - NATS Hosting |
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10-22-2003, 08:43 AM
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#12 |
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Join Date: May 2002
Location: Montreal
Posts: 6,797
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From what I understand even if your servers are in the US they cant come after Canadians. They DO NOT have a Canadian Patent, therefore if your biz is in Canada they cant touch you.
Am I correct? Could some please confirm this?
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10-22-2003, 08:45 AM
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#13 |
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hi
Industry Role:
Join Date: Jun 2002
Posts: 16,731
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hing yu hai
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M3Server - NATS Hosting |
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10-22-2003, 08:50 AM
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#14 | |
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Confirmed User
Join Date: Sep 2002
Location: Oakville, Canada
Posts: 9,134
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Quote:
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Free agent |
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10-22-2003, 08:51 AM
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#15 | |
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Registered User
Industry Role:
Join Date: Aug 2003
Location: QWEBEC Corporate Office
Posts: 7,124
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Quote:
"""QUOTE""" Our Webmaster license covers audio/video content that is accessed via the Webmaster?s web site, regardless of where the content is hosted. The royalty is based upon subscription revenues from the Webmaster?s pay sites, and exit traffic revenue from the Webmaster?s free sites that contain audio/video content. Our license for Affiliate Program operators covers audio/video content that is accessed via web sites that are part of the Affiliate Program. The royalty is based upon subscription revenues from the Affiliate Program web sites. Our license for Age Verification Services covers audio/video content that is accessed via web sites that are part of the age verification network. The royalty is based upon subscription revenues. """END QUOTE""" So if you are sending traffic to a sponsor like PlatinumBuck (hello Dave & Albert) for exemple, you need to have a licence... this is ridiculous...   |
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10-22-2003, 09:01 AM
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#16 | |
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Confirmed User
Join Date: Aug 2003
Location: Austin, TX
Posts: 4,090
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Quote:
Yes, it is aburd about Acacia and its tactics... i believe they are claiming that since you are profiting from the use of "unlicensed" patents by the content provider, you are a "contributory infringer" and under Patent and Civil Law, they can go after you. I don't know about the jurisdiction issues of being in canada since i am not an attorney... but your situation is echoed many times by webmaster who have contacted me with the same issue. i came up for air in this thread, from the 12clicks vs. Fight the Patent. i have an answer on how to fight against patent abuse cases like Acacia, but since Fight the Patent Foundation is not a working entity, i can't help in the short term.. but if people believe in my vision and the direction, then maybe FTPF could jump into the Acacia issue. More info at http://www.FightThePatent.com/go I have opend myself to questions and criticisms at: http://www.gofuckyourself.com/showth...hreadid=188695 Fight the Patent!
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http://www.t3report.com (where's the traffic?) v5.0 is out! | http://www.FightThePatent.com | ICQ 52741957 |
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10-22-2003, 09:16 AM
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#17 | |
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So Fucking Banned
Join Date: Sep 2003
Location: Rotterdam
Posts: 3,560
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Quote:
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10-22-2003, 09:42 AM
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#18 | |
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Confirmed User
Join Date: Oct 2002
Location: Ottawa
Posts: 4,179
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Quote:
hmmmmmm how about mo me yet or creme sum yun gui? no idea wtf is going on here. Well beides reading of the shit they trying to hit qwebecexpo with |
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10-22-2003, 09:52 AM
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#19 |
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Confirmed User
Join Date: May 2003
Posts: 1,792
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ICQ: 282814268 |
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10-22-2003, 10:08 AM
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#20 |
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Confirmed User
Join Date: Aug 2001
Posts: 1,025
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tell em to go fuck themselves.. their bottom is falling out from under them and they dont' have a leg to stand on..
Now if AT&T came to you with the same letter then yea, you might want to take it seriously.. but not these jokers..
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"Computer games don't affect kids; I mean if Pac-Man affected us as kids, we'd all be running around in darkened rooms, munching magic pills and listening to repetitive electronic music." Kristian Wilson, Nintendo, Inc, 1989 |
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10-22-2003, 10:16 AM
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#21 |
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Confirmed User
Join Date: Jun 2003
Location: Planet Earp
Posts: 6,041
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Now's a good time for me to say, "Donate ti IMPA and to FightThePatent." They're going to get all this bullshit taken care of soon. Can't donate? Visit http://www.fightthepatent.com and spend some time searching for prior art.
Acacia is why my paysite that I'm working on will NOT have video or even link to any video plugins until the patent is overturned. I won't pay one dime to extortionists.
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10-22-2003, 10:18 AM
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#22 |
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Confirmed User
Join Date: Oct 2002
Location: Sarasota, FL
Posts: 973
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how the fuck do these people find your sites lol? do they just search google all damn day finding sites and buy memberships and go to their links?
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icq: 2721653 |
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10-22-2003, 10:24 AM
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#23 | |
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Confirmed User
Join Date: Sep 2002
Location: Sydney, Australia
Posts: 317
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Quote:
the point is if you dont own the paysite you dont need a licence.......so sending traffic to sponcers with feeds is fine for you but not for them thats how i understand it anyway Mat
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 Fast, Reliable and Great Prices http://www.xxxhostit.com ICQ: 777427 MSN: [email protected] |
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10-22-2003, 10:37 AM
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#24 |
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Confirmed User
Join Date: Oct 2001
Location: Somewhere in time
Posts: 143
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Just for fun.. Invoke the 101 law.. They'll have to rebuild their package in french; their website too since they are doing "business" in Quebec. It might cost them some $$$ and buy you some time...
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10-22-2003, 10:40 AM
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#25 | |
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Confirmed User
Industry Role:
Join Date: Sep 2001
Location: North America
Posts: 2,016
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Quote:
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10-22-2003, 10:41 AM
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#26 | |
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Confirmed User
Industry Role:
Join Date: Sep 2001
Location: North America
Posts: 2,016
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Quote:
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10-22-2003, 10:44 AM
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#27 |
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Confirmed User
Join Date: Jul 2003
Location: in yoOoo kitchen
Posts: 6,984
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actually many people living here speak english dude....
Most of the real quebecers only want to speak french, but the rest of us speak prolly 3-4 diff languages. The office de la langue francaise thing is a good idea tho.. |
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10-22-2003, 10:51 AM
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#28 | |
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Confirmed User
Industry Role:
Join Date: Sep 2001
Location: North America
Posts: 2,016
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Quote:
je suis de la place aussi mais shhhh don't tell anyone.  |
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10-22-2003, 11:02 AM
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#29 | |
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Join Date: May 2002
Location: Montreal
Posts: 6,797
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Quote:
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10-22-2003, 11:06 AM
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#30 |
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Confirmed User
Industry Role:
Join Date: Jul 2003
Location: couch
Posts: 6,258
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Now they're fishing for people to sue
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10-22-2003, 11:09 AM
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#31 | |
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Confirmed User
Join Date: Jul 2003
Location: in yoOoo kitchen
Posts: 6,984
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Quote:
you mean moronic...lol...jk Salut!  |
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10-22-2003, 11:16 AM
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#32 |
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Jägermeister Test Pilot
Industry Role:
Join Date: Dec 2001
Location: NORCAL
Posts: 74,063
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It seems Acacia has decided that it can go after people in Canada as well. While I don't believe Acacia has a legal leg to stand on, I see no reason why they can't go after people in Canada, Europe, or what not. Althought they are US patents, I'm sure they can go to court in Canada to defend them as well. I'm sure that the US and Canada have treaties in place to deal with such things.
And to an extent Acacia is right - You buy these feeds to make your customers happy; These feeds allow you to make a profit. In a round about way they are right. I doubt that would fly in court, but it's Acacia's legal right to try. The entire logic of Acacia is...... You don't have the money to fight them in court, so you'll cave in. I'm not an attorney, but I think a simple solution would be to remove those feeds from your site.
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10-22-2003, 12:24 PM
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#33 |
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Confirmed User
Join Date: Mar 2002
Location: Waterloo Ont
Posts: 878
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Tell them to take a trip. It is your friends hosting company, I don't think he will turn you off. Ask a lawyer a simple question, if someone has a patent in the US but not in Canada is it enforceable? Can they take you to court in Canada?
A friend of mine from Toronto recieved his a lond time ago and his site is still up.
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50% off the first 2 months hosting. Email be for a quote [email protected] We can supply up to 8 TB transfer. |
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10-22-2003, 01:21 PM
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#34 |
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Registered User
Join Date: Jun 2002
Posts: 87
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"""QUOTE"""
Our Webmaster license covers audio/video content that is accessed via the Webmaster?s web site, regardless of where the content is hosted. The royalty is based upon subscription revenues from the Webmaster?s pay sites, and exit traffic revenue from the Webmaster?s free sites that contain audio/video content. Our license for Affiliate Program operators covers audio/video content that is accessed via web sites that are part of the Affiliate Program. The royalty is based upon subscription revenues from the Affiliate Program web sites. Our license for Age Verification Services covers audio/video content that is accessed via web sites that are part of the age verification network. The royalty is based upon subscription revenues. """END QUOTE""" So if you are sending traffic to a sponsor like PlatinumBuck (hello Dave & Albert) for exemple, you need to have a licence... this is ridiculous... [/B][/QUOTE]What if I decide to Pay Yahoo for a listing, that means they're making money off me and therefore linking to a site that has Video. But this is not an Affiliate program. It's all to open to have any legal standing. But every time we talk about things like that I bet their lawyers are watching seeing what they've missed. regards garv
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left the biz |
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10-22-2003, 04:46 PM
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#35 | |
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Confirmed User
Industry Role:
Join Date: Sep 2001
Location: North America
Posts: 2,016
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Quote:
Now, how can they ask 2% of your GROSS if the feeds don't help you get any signups in the first place? These feeds are not included in the package the customer bought. I'm pretty sure that with a good lawyer you can fuck them completely in court with a case like that. It's a different story if you actually have downloadable videos or you produce your own feeds. Their patent is still bullshit.... and this isn't be the last one we will have to fight in the future. These guys should go in jail for public morality issues. And the people issuing those patents too. |
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10-22-2003, 04:51 PM
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#36 | |
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Blow Me U Geeks
Join Date: Aug 2001
Location: Maximum Security
Posts: 5,108
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Quote:
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10-27-2003, 12:23 PM
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#37 | |
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Registered User
Industry Role:
Join Date: Aug 2003
Location: QWEBEC Corporate Office
Posts: 7,124
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Quote:
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10-27-2003, 12:30 PM
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#38 |
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So Fucking Banned
Join Date: Jun 2003
Location: Calgary - Alberta - Canada
Posts: 7,315
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thank you for sharing this with us (those concerned about Acacia) ...
please keep posting whether or not you have received your Acacia "toilet paper" or not ... all pressure helps ... imo |
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10-27-2003, 12:45 PM
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#39 |
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Confirmed User
Join Date: Aug 2002
Location: Kernow
Posts: 2,977
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So if they say that because the sponsor I promote uses "their" technology I am liable. Thats a crock of shit as I have no control over what the sponsor chooses, similarly if I promoted say a Walmart affiliate program, I have zero influence on what is stocked in their stores.
The logic here is baffling but the most annoying thing is that after their patents are invalidated and their company goes tits up, those cocksuckers will all fuck off to some paradise island to lie low. |
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10-27-2003, 01:54 PM
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#40 |
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Pounding Googlebot
Industry Role:
Join Date: Aug 2002
Location: Canada
Posts: 34,485
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Welcome to the club
WG
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I play with Google. |
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