My letter to Acacia - GoFuckYourself.com

Mr. Porno King · 10-30-2003, 09:56 AM

I got this letter in the mail today:

Quote:

ACACIA MEDIA TECHNOLOGIES CORPORATION

FINAL NOTICE FOR INTRODUCTORY ROYALTY RATES AND WAIVER OF PATENT INFRINGEMENT

Dear Mr. Fairthorne:

As you are aware, Acacia has a porfolio of 5 U.S. Patents (Patent Nos. 5,132,002; 5,235,275; 5,550,863; 6,002,720; 6,144,702) and 17 International Patents covering the transmission and receipt of digital audio/video content via the Internet. You provide access to digital audio/video content via your website(s) without a license from Acacia, and are therefore liable to Acacia for patent infringement.

As part of our introductory licensing terms, we have been offering waivers for vertain past infringement, as well as special introductory royalty rates. OUR OFFER TO WAIVE PAST INFRINGEMENT AND LICENSE OUR PATENTS AT OUR EXISTING INTRODUCTORY ROYALTY RATES WILL EXPIRE ON NOVEMBER 30,2003.

[edited for brevity]

If you have any questions regarding the patents, our licensing terms, or need other assistance, please contact us at 949-480-8300 or email us at [email protected].

Sincerely,
Robert A. Berman
Sr. VP Business Development and General Counsel

Man.. I've been threatened with lawsuits so many times that it doesn't freak me out at all anymore. Here is my response:

Quote:

Dear Mr. Berman,

I am the webmaster of several websites which host audio and video including http://www.indydisc.com and http://tallman.org as well as a host of others. I recieved your letter offering a waiver for past patent infringement. While you're offer sounds quite inticing, my current position is that you should get a fucking job.

I'd been transmitting digital audio and video over computer networks for more than 10 years before you filed your first patent, little bitch.

How's about you suck a dick up.

Sincerely,
Rich from Tallman.

Emailed to

[email protected]

and to

Robert A. Berman
500 Newport Center Drive,
7th Floor
Newport Beach, CA 92660

Hahahaha.. good times.

10-30-2003, 09:59 AM

I bow to your excessive bravery.

Brad-Wishing · 10-30-2003, 09:59 AM

That will go over well.

Mr. Porno King · 10-30-2003, 10:06 AM

I'm still laughing my ass off over here. I guess we'll see what happens. I did basically the same thing last time microsoft sent me a C&D. I ended up telling some junior law clerk off, and calling it a day.

KRL · 10-30-2003, 10:07 AM

Yeh, quite often if you come off as a bit of a psycho, they'll still clear of you.

kenny · 10-30-2003, 10:09 AM

Good Job I love it

Shok · 10-30-2003, 10:12 AM

Include a photo of you eating a turd with crazy eyes and scratching your back with a gun, they love that

AaronM · 10-30-2003, 10:13 AM

Quote:

Originally posted by Shok
Include a photo of you eating a turd with crazy eyes and scratching your back with a gun, they love that

Sample pic?

doober · 10-30-2003, 10:14 AM

great letter....

Shok · 10-30-2003, 10:14 AM

with or without clothes

WiredGuy · 10-30-2003, 10:14 AM

Let us know their response please

WG

basschick · 10-30-2003, 10:15 AM

interesting

please do keep us posted on their response

Shok · 10-30-2003, 10:17 AM

also another good pic to include that goes well with the crazy pic, is to possibly get a photo of their home and include that.

$hurik · 10-30-2003, 10:19 AM

Can he (Mr. Berman) possible sue you for some kinda offense or smth ? You gotta be careful while using offensive expressions in official letter.

Digipimp · 10-30-2003, 10:20 AM

Really man fuck all that shit, do them one better and just email them or mail them and ask them to tell you what websites you own that transmit audio and or video, or what websites you own at all and see what they have to say to you.

Mr. Porno King · 10-30-2003, 10:24 AM

Bah. The claim is ludicrous. I transmitted audio and video over phone lines in 1982 with my Commodore C=64 ... that's why I love my C=64.

Is it possible for me to file a patent with an affadavit backdating it before the date of their patents, and invalidating them? Anyone here know legaly stuff?

FightThisPatent · 10-30-2003, 10:25 AM

Quote:

Originally posted by Mr. Porno King
I'd been transmitting digital audio and video over computer networks for more than 10 years before you filed your first patent, little bitch.

Great... email me: (brandon at FightThePatent.com) and we can chat about your leads and connections... besides having some dusty old computers, you may have some of your "old skool" peers to call on for prior art searching.

Fight the Patent!

FightThisPatent · 10-30-2003, 10:26 AM

Quote:

Originally posted by Mr. Porno King
Bah. The claim is ludicrous. I transmitted audio and video over phone lines in 1982 with my Commodore C=64 ... that's why I love my C=64.

DIGI files were on C64, i haven't found any yet with a date stamp before 1990.. and according to one person, C64 didn't have datestamps on the files?

Fight the Patent!

crockett · 10-30-2003, 10:30 AM

I don't think you should have listed you're sites.. They probally didn't know what you had, or aleast there is a good chance of it.. This letter is just a sale pitch leve it as that , you're less likely to be a target that way.

KRL · 10-30-2003, 10:33 AM

Berman has already publicly acknowledged and stated that Acacia didn't create all of the stuff related to its patents, just that they were the first to do it all unified on the Internet.

Mr. Porno King · 10-30-2003, 10:37 AM

Quote:

Originally posted by Shok
also another good pic to include that goes well with the crazy pic, is to possibly get a photo of their home and include that.

AHAHAHAHAHa... I love it.

kmanrox · 10-30-2003, 10:40 AM

someone should get a pic of berman and photchop the hell out of it...

Mr. Porno King · 10-30-2003, 10:42 AM

Quote:

Originally posted by FightThisPatent

DIGI files were on C64, i haven't found any yet with a date stamp before 1990.. and according to one person, C64 didn't have datestamps on the files?

Fight the Patent!

No, the C=64 didn't datestamp files, but it's common knowledge that samples of audio were transmitted over modems, and in some cases video... albeit, the quality may have been worse (i mean, the machine could only display 16 colors), but I don't think their patents would stand on the grounds of quality, specially since they don't own the patents on the video compression technology.

Evil1 · 10-30-2003, 10:43 AM

"While you're offer sounds quite inticing, my current position is that you should get a fucking job."
Roflmfao... i needed that

brand0n · 10-30-2003, 10:44 AM

great fuckin letter man

i wonder how many of those they have seen

mrthumbs · 10-30-2003, 10:49 AM

you people are so mature and able to handle situations like this..

Mr. Porno King · 10-30-2003, 10:55 AM

newb.

FightThisPatent · 10-30-2003, 11:14 AM

Quote:

Originally posted by Mr. Porno King

but I don't think their patents would stand on the grounds of quality, specially since they don't own the patents on the video compression technology.

exactly.. hence the need to find prior art like DIGI files that can be documented to have been downloaded prior to 1990.

CDROM that SYSOP might have purchased, or several SYSOP testimony could help set the time frame.

Let me know if you or any of your peers might have had CDROM purchased for use on BBS.

Fight the Patent!

Roger · 10-30-2003, 11:26 AM

And I'm patenting masturbation

Mr. Porno King · 10-30-2003, 11:27 AM

Quote:

Originally posted by crockett
I don't think you should have listed you're sites.. They probally didn't know what you had, or aleast there is a good chance of it.. This letter is just a sale pitch leve it as that , you're less likely to be a target that way.

Really, I'm in it for the fight. I'm bored.

Juicy D. Links · 10-30-2003, 11:28 AM

Quote:

Originally posted by Roger
And I'm patenting masturbation

i guess i must owe you like 3million in fees

Mr. Porno King · 10-30-2003, 12:09 PM

I'm gonna patent eating and see if I can get an injunction against Robert A. Berman for a few months.

Phoenix · 10-30-2003, 12:14 PM

i feel left out..i dont get any letters

Furious_Male · 10-30-2003, 12:19 PM

That took some balls offering up your sites. Pretty much the equivalent of challenging them to a fight. I am curious to see how they follow up with that. It sounds like you have been around for a long time. I hope you whip there ass if/when it goes to court.

Mr. Porno King · 10-30-2003, 12:41 PM

Quote:

Originally posted by FightThisPatent

exactly.. hence the need to find prior art like DIGI files that can be documented to have been downloaded prior to 1990.

CDROM that SYSOP might have purchased, or several SYSOP testimony could help set the time frame.

Let me know if you or any of your peers might have had CDROM purchased for use on BBS.

Fight the Patent!

Oh look! http://www.whisqu.se/per/docs/graphics54.htm

A standard for the "digital transmission of rasterized images".. the latest feature in this version? moving pictures. The date? 1990... Acacia's oldest patent? 1991 as far as I've seen.

FightThisPatent · 10-30-2003, 12:53 PM

Quote:

Originally posted by Mr. Porno King

Oh look! http://www.whisqu.se/per/docs/graphics54.htm

A standard for the "digital transmission of rasterized images".. the latest feature in this version? moving pictures. The date? 1990... Acacia's oldest patent? 1991 as far as I've seen.

GIF89 could count as prior art, once we find GIF89 files that were video-like, as in using digitized still images in a loop.

Cartoony/animation GIF89 don't count.

Have you looked at this page: http://www.FightThePatent.com/v2/Searching.html

Also... I created an FAQ on Acacia at: http://www.gofuckyourself.com/showth...hreadid=190214

Fight the Patent!

It lists the kinds of files that I am searching for. GIF89 and many other kinds of files are on this page.

Fight the Patent!

RockDaddy · 10-30-2003, 01:01 PM

Quote:

And I'm patenting masturbation

I patented the female orgasm and after talking to all of your girlfriends, you guys don't owe me anything

;)

Fu-Q · 10-30-2003, 01:11 PM

Quote:

Originally posted by Mr. Porno King
I'm gonna patent eating and see if I can get an injunction against Robert A. Berman for a few months.

why not just go for breathing?

Peaches · 10-30-2003, 01:13 PM

Great letter, but it probably would go over a little better if you didn't have misspelled words in it.

Yes, I know that's anal, but when you're sending a business letter to an attorney, it's not the same as posting on GFY regarding spelling and grammar.

JDog · 10-30-2003, 01:15 PM

That's fucking great man! I love it!

jDoG

Shoehorn! · 10-30-2003, 01:15 PM

Excellent response.

Jimbo · 10-30-2003, 01:17 PM

good, I wouldn'T have gave them my URLs tho

Mr.Fiction · 10-30-2003, 01:19 PM

Good job, this industry needs some more people willing to stand up to Acacia.

We always talk about Larry Flynt, but what about Al Goldstein? Flynt is a free speech fighter, Goldstein is just an all around crazy motherfucker!

jayeff · 10-30-2003, 01:22 PM

Quote:

Originally posted by Mr. Porno King
Hahahaha.. good times.

So now that you have proved to everyone here how macho you are with a BS response to something that didn't even require a response, what next?

If you have pissed Acacia off enough to get an actual demand for payment next, are you going to reply with some more smart ass comments, or deal with it? If you get a court date, are you going to turn up and try to impress the judge with that crap or are you going to say f*ck it and ignore the summons? Either way you end up in the hole.

I wouldn't mind settling this with a baseball bat or whatever, but it's not going to happen that way. Online porn is growing up and you either grow up with it or get left behind. Your choice.

Mr. Porno King · 10-30-2003, 01:45 PM

I'm not a macho man. They sent me a threat, and I told them to stick it where the sun don't shine. And don't tell me it wasn't a threat that's bullshit. I'm just encouraging people to treat bullshit like bullshit. This is no more valid than the guy who started making legal claims against my band two months ago cause his last name is Tallman. Just another publicity move by another company that is using crafty legal means to put pressure on website owners.

As for court, I already know exactly what will happen there, but I don't expect you to be able to figure it out, newb.

Mr. Porno King · 10-30-2003, 01:48 PM

Quote:

Originally posted by Peaches
Great letter, but it probably would go over a little better if you didn't have misspelled words in it.

Yeah, I'm bad for that... I'll spell correctly if I have to send anything legally binding, or to a judge, or anyone who I respect in a formal setting.

Mr. Porno King · 10-30-2003, 01:51 PM

Quote:

Originally posted by FightThisPatent
GIF89 could count as prior art, once we find GIF89 files that were video-like, as in using digitized still images in a loop.

What about Amiga MOD and other tracker files? They contained digitized sound samples, and were sent over the internet and BBS's, probably as early as 1986 or 1987.

While they were commonly used to "sequence" music, they also sometimes contained a single audio stream, and were used cause it was a common format that was easy to play with commonly available code.

Authors often included the release date as the name of a sample contained within a mod file.

Centurion · 10-30-2003, 02:20 PM

Quote:

Originally posted by jayeff

So now that you have proved to everyone here how macho you are with a BS response to something that didn't even require a response, what next?

If you have pissed Acacia off enough to get an actual demand for payment next, are you going to reply with some more smart ass comments, or deal with it? If you get a court date, are you going to turn up and try to impress the judge with that crap or are you going to say f*ck it and ignore the summons? Either way you end up in the hole.

I wouldn't mind settling this with a baseball bat or whatever, but it's not going to happen that way. Online porn is growing up and you either grow up with it or get left behind. Your choice.

Yes..I can see it now...Headquarters calls legal and says to call off all TWENTY FIVE of their attornies who are going after 719 webmasters to concentrate on this one guy who was really rude to them in a letter!!

TRICK OR TREAT!!

FightThisPatent · 10-30-2003, 02:29 PM

Quote:

Originally posted by Mr. Porno King

What about Amiga MOD and other tracker files?

MOD files don't count because they are not true digital audio.

They do contain digitized samples, but the construction of the song is based on the triggering of the samples, rather then the complete digitization of a song.

You are thinking on the right track.... check with http://www.FightThePatent.com/v2/Searching.html for kinds of files that would make for good prior art.

Fight the Patent!

Dravyk · 10-30-2003, 02:29 PM

Shok, you seem overqualified in the crazy pic area ...

Anything you wanna share about your past experiences???

10-30-2003, 09:59 AM	#3
Brad-Wishing Confirmed User Join Date: Oct 2003 Posts: 2,415	That will go over well. __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

10-30-2003, 10:07 AM	#5
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Yeh, quite often if you come off as a bit of a psycho, they'll still clear of you. __________________ 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

10-30-2003, 10:09 AM	#6
kenny Confirmed User Industry Role: Join Date: Mar 2002 Posts: 7,245	Good Job I love it __________________ 7

10-30-2003, 10:14 AM	#11
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,484	Let us know their response please WG __________________ I play with Google.

10-30-2003, 10:15 AM	#12
basschick Confirmed User Join Date: Jan 2001 Location: el lay, ca usa Posts: 2,540	interesting please do keep us posted on their response __________________ Got Gay and For Women Traffic?

10-30-2003, 09:59 AM	#2
X37375787 Guest Posts: n/a	I bow to your excessive bravery.

10-30-2003, 10:06 AM	#4
Mr. Porno King Confirmed User Join Date: Aug 2003 Posts: 146	I'm still laughing my ass off over here. I guess we'll see what happens. I did basically the same thing last time microsoft sent me a C&D. I ended up telling some junior law clerk off, and calling it a day.

10-30-2003, 10:12 AM	#7
Shok Confirmed User Join Date: Apr 2001 Location: LIVE EVIL Posts: 5,611	Include a photo of you eating a turd with crazy eyes and scratching your back with a gun, they love that

10-30-2003, 10:14 AM	#9
doober Confirmed User Join Date: Jul 2003 Location: in yoOoo kitchen Posts: 6,984	great letter....

10-30-2003, 10:17 AM	#13
Shok Confirmed User Join Date: Apr 2001 Location: LIVE EVIL Posts: 5,611	also another good pic to include that goes well with the crazy pic, is to possibly get a photo of their home and include that.

10-30-2003, 10:19 AM	#14
$hurik Confirmed User Industry Role: Join Date: May 2003 Location: Manalapan, NJ Posts: 853	Can he (Mr. Berman) possible sue you for some kinda offense or smth ? You gotta be careful while using offensive expressions in official letter.

10-30-2003, 10:20 AM	#15
Digipimp BP4L OT DL Join Date: Mar 2003 Location: BP4L Swap Meet Posts: 13,481	Really man fuck all that shit, do them one better and just email them or mail them and ask them to tell you what websites you own that transmit audio and or video, or what websites you own at all and see what they have to say to you. __________________ Still Hosting at Webair and You Should Be Too

10-30-2003, 10:24 AM	#16
Mr. Porno King Confirmed User Join Date: Aug 2003 Posts: 146	Bah. The claim is ludicrous. I transmitted audio and video over phone lines in 1982 with my Commodore C=64 ... that's why I love my C=64. Is it possible for me to file a patent with an affadavit backdating it before the date of their patents, and invalidating them? Anyone here know legaly stuff?

10-30-2003, 10:30 AM	#19
crockett in a van by the river Industry Role: Join Date: May 2003 Posts: 76,806	I don't think you should have listed you're sites.. They probally didn't know what you had, or aleast there is a good chance of it.. This letter is just a sale pitch leve it as that , you're less likely to be a target that way. __________________ In November, you can vote for America's next president or its first dictator.

10-30-2003, 10:33 AM	#20
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Berman has already publicly acknowledged and stated that Acacia didn't create all of the stuff related to its patents, just that they were the first to do it all unified on the Internet. __________________ 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

10-30-2003, 10:40 AM	#22
kmanrox aka K-Man Industry Role: Join Date: Oct 2001 Location: The Gutter Posts: 29,292	someone should get a pic of berman and photchop the hell out of it... __________________ Crypto HODLr Crypto mining Angel investor

10-30-2003, 10:43 AM	#24
Evil1 Confirmed User Industry Role: Join Date: Mar 2002 Posts: 3,893	"While you're offer sounds quite inticing, my current position is that you should get a fucking job." Roflmfao... i needed that __________________

10-30-2003, 10:44 AM	#25
brand0n been very busy Join Date: Nov 2002 Location: the queen city Posts: 26,983	great fuckin letter man i wonder how many of those they have seen __________________ want to buy this spot for cheap? it is of course for sale. long term deals are always the best bet. brand0n/ at/ a o l dot commies.

10-30-2003, 10:49 AM	#26
mrthumbs salad tossing sig guy Join Date: Apr 2002 Location: mrthumbs*gmail.com Posts: 11,702	you people are so mature and able to handle situations like this..

10-30-2003, 10:55 AM	#27
Mr. Porno King Confirmed User Join Date: Aug 2003 Posts: 146	newb.

10-30-2003, 11:26 AM	#29
Roger Confirmed User Industry Role: Join Date: Jul 2003 Location: MetroCity Posts: 3,181	And I'm patenting masturbation

10-30-2003, 12:09 PM	#32
Mr. Porno King Confirmed User Join Date: Aug 2003 Posts: 146	I'm gonna patent eating and see if I can get an injunction against Robert A. Berman for a few months. Last edited by Mr. Porno King; 10-30-2003 at 12:11 PM..

10-30-2003, 12:14 PM	#33
Phoenix BACON BACON BACON Industry Role: Join Date: Nov 2002 Location: Poems everybody, the laddie fancies himself a poet Posts: 35,462	i feel left out..i dont get any letters __________________ Skype Phoenixskype1 Telegram PhoenixBrad https://quantads.io

10-30-2003, 12:19 PM	#34
Furious_Male Doing the grind since 99 Industry Role: Join Date: Oct 2003 Location: Buffalo NY Posts: 16,881	That took some balls offering up your sites. Pretty much the equivalent of challenging them to a fight. I am curious to see how they follow up with that. It sounds like you have been around for a long time. I hope you whip there ass if/when it goes to court. __________________ Living in Virtual Reality Contact: Email (preferred): furiousmale .at. gmail - Skype: live:shanedws

10-30-2003, 01:13 PM	#39
Peaches Old broad Join Date: Oct 2002 Location: Away Posts: 13,933	Great letter, but it probably would go over a little better if you didn't have misspelled words in it. Yes, I know that's anal, but when you're sending a business letter to an attorney, it's not the same as posting on GFY regarding spelling and grammar.

10-30-2003, 01:15 PM	#40
JDog Confirmed User Join Date: Feb 2003 Location: Canby, OR Posts: 7,453	That's fucking great man! I love it! jDoG __________________ NSCash now powering ReelProfits.com ALSO FEATURING: NSCash.com :: SoloDollars.com :: ReelProfits.com :: BiminiBucks.com :: VOD PROGRAMS COMING SOON: Greedy Bucks :: Vengeance Cash NOW OFFERING OVER 60 SITES CONTACT :: JAMES SMITH :: CHIEF TECHNOLOGY OFFICER :: ICQ (711385133)

10-30-2003, 01:15 PM	#41
Shoehorn! Die With Your Boots On Join Date: Oct 2003 Location: Hawaii Posts: 22,872	Excellent response.

10-30-2003, 01:17 PM	#42
Jimbo Confirmed User Industry Role: Join Date: Oct 2001 Location: Montreal Posts: 3,989	good, I wouldn'T have gave them my URLs tho __________________ free sex videos

10-30-2003, 01:19 PM	#43
Mr.Fiction Confirmed User Join Date: Feb 2002 Location: Free Speech Land Posts: 9,484	Good job, this industry needs some more people willing to stand up to Acacia. We always talk about Larry Flynt, but what about Al Goldstein? Flynt is a free speech fighter, Goldstein is just an all around crazy motherfucker!

10-30-2003, 01:45 PM	#45
Mr. Porno King Confirmed User Join Date: Aug 2003 Posts: 146	I'm not a macho man. They sent me a threat, and I told them to stick it where the sun don't shine. And don't tell me it wasn't a threat that's bullshit. I'm just encouraging people to treat bullshit like bullshit. This is no more valid than the guy who started making legal claims against my band two months ago cause his last name is Tallman. Just another publicity move by another company that is using crafty legal means to put pressure on website owners. As for court, I already know exactly what will happen there, but I don't expect you to be able to figure it out, newb.

10-30-2003, 02:29 PM	#50
Dravyk Confirmed User Join Date: Jan 2001 Location: Yo, Philly! Posts: 1,202	Shok, you seem overqualified in the crazy pic area ... Anything you wanna share about your past experiences??? __________________ All Of 'Em