Acacia 101 - Anyone got a sec? - GoFuckYourself.com

lil2rich4u2 · 10-31-2003, 12:03 AM

Ok they grabbed some patents on the process of streaming audio/video off site correct?

This is a process used day2day by webmasters trying to earn a living.

Is this not the same as putting a patent on hammering a nail into wood? Thats a process carpenters use day2day to earn a living, seams like the same thing, no?

Naturally you cant have a patent on hammering nails, so why can acacia get what they got?

There must be someone in the higher chain of command in the patent offices, that would hear out the story, and re-evaluate the situation, possibly revoking their patents?

Maybe they didnt realize how frequently this process is already being used?

It just isnt making sense to me, and i dont know what site or link i can go to and read up on whats going on.

Links?

detoxed · 10-31-2003, 12:07 AM

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KRL · 10-31-2003, 12:09 AM

Business methodology patents have become quite controversial recently since you're not actually inventing something per se, but rather getting a patent on how something is done.

The FTC is on it now.

FTC Floats Controversial Patent Plan

The Federal Trade Commission is calling for Congress to enact legislation that would make it easier to prove a patent is invalid.

Under the FTC proposal, the burden of proof required to invalidate a patent would be reduced from a "clear and convincing" evidence standard to a preponderance of the evidence.

"That would quite definitely change the dynamic of how patent litigation is done and how negotiations are done," said Michael Barclay, a partner at Wilson Sonsini Goodrich & Rosati. "It is the most interesting recommendation and will probably be the most controversial."

The recommendation is included in a 315-page report, issued Tuesday, in which the FTC attempts to ease conflicts between patent and antitrust laws. Long awaited by the patent bar, the report is the culmination of a series of hearings convened by the FTC and Department of Justice in February 2002.

The FTC report proposes 10 ways to improve patent quality through legislation or regulatory measures. The Department of Justices Antitrust Division is to issue its own report that will make similar recommendations for antitrust law.

The patent bar is divided on the issue of revising the standards for invalidating patents. Norman Beamer, a partner at Fish & Neave's Palo Alto office, said changing the burden of proof is not the right thing to do and would not likely be adopted by Congress since it goes against an entrenched standard.

People, whenever confronted with a patent, tend to say, "that's obvious" or "that's been done before," Beamer said. "People can't really prove it. That's why there is a clear and convincing standard there. If a patent is invalid you have to have proof to back it up."

But the FTC pointed to the limited resources of patent examiners in urging that it be easier for individuals to challenge a patent in court.

With yearly applications approximating 300,000, they arrive at the rate of about 1,000 each working day, the FTC said in its executive summary of the report. Patent examiners have from eight to 25 hours to read and understand each application, search for prior art, evaluate patentability, communicate with the applicant, work out necessary revisions, and reach and write up conclusions.

"Given these constraints, along with presumptions and procedures that favor the granting of a patent application, we believe the clear and convincing evidence burden can undermine the ability of the court system to weed out questionable patents," the FTC said.

Among its proposals, the FTC also recommends that Congress enact legislation to create a new procedure that would allow further review of patents after they have been granted; that the Patent and Trademark Office receive adequate funding; and that the PTO consider possible harm to competition before extending the scope of things that can be patented.

University of California, Berkeley's Boalt Hall School of Law professor Mark Lemley, who testified twice at the joint FTC-Department of Justice hearings, said the report tracks what scholars, policymakers and researchers are saying must be done to change the system.

"We need a cheaper way to attack the validity of a patent," he said. "The presumption of validity shouldn't be as easy as it is given how easy it is to get a patent."

Q. Todd Dickinson, the former head of the PTO, said he was pleased with the agency's report overall, particularly the recognition of the agency's funding needs to ensure patent quality.

"There is a little underappreciation by the FTC for the applications that don't get allowed," he said, adding that more than 80 percent of business method patents are rejected.

Dickinson, a partner at Howrey Simon Arnold & White, also questioned the FTC's statement that it would ask the Patent and Trademark director to reexamine questionable patents that raise competitive concerns.

"Director-ordered re-exams can only happen on prior art evidence," he said. "Anti-competition is not grounds for reexamination."

The Truth Hurts · 10-31-2003, 12:09 AM

there are 1,202 threads discussing acacia, including this one.

start reading ; )

pussyluver · 10-31-2003, 12:11 AM

There is some good news here: http://www.fightthepatent.com

lil2rich4u2 · 10-31-2003, 12:11 AM

Perfect, thanks so much KRL

Far-L · 10-31-2003, 12:13 AM

We are doing everything possible under the circumstances and if there were any easy out we would have taken it long ago.

FightThisPatent · 10-31-2003, 12:15 AM

All things Acacia being posted at the thread titled: FTP's Acacia FAQ

http://www.gofuckyourself.com/showth...hreadid=190214

Fight the Patent!

FightThisPatent · 10-31-2003, 12:16 AM

Quote:

Originally posted by pussyluver
There is some good news here: http://www.fightthepatent.com

Thanks

Adult Industry specific info is tracked in this thread:
http://www.gofuckyourself.com/showth...hreadid=190214

Fight the Patent!

10-31-2003, 12:03 AM	#1
lil2rich4u2 ICQ: 175171926 Join Date: Oct 2002 Location: New York, NY Posts: 11,046	Acacia 101 - Anyone got a sec? Ok they grabbed some patents on the process of streaming audio/video off site correct? This is a process used day2day by webmasters trying to earn a living. Is this not the same as putting a patent on hammering a nail into wood? Thats a process carpenters use day2day to earn a living, seams like the same thing, no? Naturally you cant have a patent on hammering nails, so why can acacia get what they got? There must be someone in the higher chain of command in the patent offices, that would hear out the story, and re-evaluate the situation, possibly revoking their patents? Maybe they didnt realize how frequently this process is already being used? It just isnt making sense to me, and i dont know what site or link i can go to and read up on whats going on. Links? __________________ HEY!! Unbeatable hosting! Customer service is top notch! --> ISPrime <-- Do a search on any board, their reputation is rock solid .. for years!!

10-31-2003, 12:09 AM	#3
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Business methodology patents have become quite controversial recently since you're not actually inventing something per se, but rather getting a patent on how something is done. The FTC is on it now. FTC Floats Controversial Patent Plan The Federal Trade Commission is calling for Congress to enact legislation that would make it easier to prove a patent is invalid. Under the FTC proposal, the burden of proof required to invalidate a patent would be reduced from a "clear and convincing" evidence standard to a preponderance of the evidence. "That would quite definitely change the dynamic of how patent litigation is done and how negotiations are done," said Michael Barclay, a partner at Wilson Sonsini Goodrich & Rosati. "It is the most interesting recommendation and will probably be the most controversial." The recommendation is included in a 315-page report, issued Tuesday, in which the FTC attempts to ease conflicts between patent and antitrust laws. Long awaited by the patent bar, the report is the culmination of a series of hearings convened by the FTC and Department of Justice in February 2002. The FTC report proposes 10 ways to improve patent quality through legislation or regulatory measures. The Department of Justices Antitrust Division is to issue its own report that will make similar recommendations for antitrust law. The patent bar is divided on the issue of revising the standards for invalidating patents. Norman Beamer, a partner at Fish & Neave's Palo Alto office, said changing the burden of proof is not the right thing to do and would not likely be adopted by Congress since it goes against an entrenched standard. People, whenever confronted with a patent, tend to say, "that's obvious" or "that's been done before," Beamer said. "People can't really prove it. That's why there is a clear and convincing standard there. If a patent is invalid you have to have proof to back it up." But the FTC pointed to the limited resources of patent examiners in urging that it be easier for individuals to challenge a patent in court. With yearly applications approximating 300,000, they arrive at the rate of about 1,000 each working day, the FTC said in its executive summary of the report. Patent examiners have from eight to 25 hours to read and understand each application, search for prior art, evaluate patentability, communicate with the applicant, work out necessary revisions, and reach and write up conclusions. "Given these constraints, along with presumptions and procedures that favor the granting of a patent application, we believe the clear and convincing evidence burden can undermine the ability of the court system to weed out questionable patents," the FTC said. Among its proposals, the FTC also recommends that Congress enact legislation to create a new procedure that would allow further review of patents after they have been granted; that the Patent and Trademark Office receive adequate funding; and that the PTO consider possible harm to competition before extending the scope of things that can be patented. University of California, Berkeley's Boalt Hall School of Law professor Mark Lemley, who testified twice at the joint FTC-Department of Justice hearings, said the report tracks what scholars, policymakers and researchers are saying must be done to change the system. "We need a cheaper way to attack the validity of a patent," he said. "The presumption of validity shouldn't be as easy as it is given how easy it is to get a patent." Q. Todd Dickinson, the former head of the PTO, said he was pleased with the agency's report overall, particularly the recognition of the agency's funding needs to ensure patent quality. "There is a little underappreciation by the FTC for the applications that don't get allowed," he said, adding that more than 80 percent of business method patents are rejected. Dickinson, a partner at Howrey Simon Arnold & White, also questioned the FTC's statement that it would ask the Patent and Trademark director to reexamine questionable patents that raise competitive concerns. "Director-ordered re-exams can only happen on prior art evidence," he said. "Anti-competition is not grounds for reexamination." __________________ 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

10-31-2003, 12:11 AM	#6
lil2rich4u2 ICQ: 175171926 Join Date: Oct 2002 Location: New York, NY Posts: 11,046	Perfect, thanks so much KRL __________________ HEY!! Unbeatable hosting! Customer service is top notch! --> ISPrime <-- Do a search on any board, their reputation is rock solid .. for years!!

10-31-2003, 12:13 AM	#7
Far-L Confirmed User Industry Role: Join Date: Feb 2002 Location: Seattle Posts: 6,065	We are doing everything possible under the circumstances and if there were any easy out we would have taken it long ago. __________________ HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982. Contact - Email: farrell AT homegrownvideo D com Skype: hgfarl Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

10-31-2003, 12:15 AM	#8
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	All things Acacia being posted at the thread titled: FTP's Acacia FAQ http://www.gofuckyourself.com/showth...hreadid=190214 Fight the Patent! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

10-31-2003, 12:07 AM	#2
detoxed vip member Join Date: Jan 2003 Posts: 17,798	ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhh

10-31-2003, 12:09 AM	#4
The Truth Hurts Zph7YXfjMhg Industry Role: Join Date: Nov 2002 Location: In Your Skull Posts: 15,305	there are 1,202 threads discussing acacia, including this one. start reading ; )

10-31-2003, 12:11 AM	#5
pussyluver Clueless OleMan Join Date: Mar 2003 Location: ICQ - 169903487 Posts: 11,009	There is some good news here: http://www.fightthepatent.com