Acacia Who called them? - Page 2 - GoFuckYourself.com

woj · 11-23-2003, 02:15 PM

50 acacia calls

HarlotCash Dyker · 11-23-2003, 02:52 PM

Quote:

Originally posted by boobmaster

If you are really worried about this, REMOVE ALL THE VIDEO FROM YOUR SITES. You don't NEED video content to make good $$ in this biz. The majority of surfers are looking for pics.

This is exactly what I am going to do if I get a certified letter from them.

I am more concerened about others, not myself - I have made alternative arangements to cover my ass.

latinasojourn · 11-23-2003, 03:29 PM

Quote:

Originally posted by steffie
I don't think thats true, when Acacia filed their Lawsuite against On Command last week, they filed it in California, however that Company is located in Denver. I believe they can file a Lawsuite in the state where youre videos are being seen. If somebody in California (where Acacia is located) is able to see your website they can sue there

http://www.reuters.com/newsArticle.j...toryID=3818718

"
Newport Beach, California-based Acacia said it had filed its suit in the U.S. District Court for the Central District of California.

"We believe they use our technology," said Paul Ryan, chief executive of Acacia. "We believe they need a license from us."

Denver-based On Command said it had no comment on the lawsuit.

""

good link steffie.

if you read the info carefully you'll see that acacia is going to have jurisdictional problems with small webmasters located outside of California, and this is why IF they are going to sue webmasters outside of California they will at least do an alexa search to check traffic trends to infer some sort of income of their potential defendant.

if the website does not have much traffic they can correctly infer that it doesn't have much income.

and when a website doesn't have much income it does not make sense for acacia to spend a minimum of 5k to sue a low-income out-of-state webmaster. (and unfortunately for acacia, these are the vast majority of webmasters.)

even if acacia has a valid patent, they are about 5 years too late. the gravy train is over with regard to the adult internet.

there are other reasons where the acacia patent will be invalidated (or absorbed by a much larger entity than acacia).

big business and the US govt will not let the acacia patent stand as is. there's too much at stake.

people forget that the internet was funded by the TAXPAYERS OF THE UNITED STATES OF AMERICA and "given" to the world.

this miraculous flow of information will not be stifled by a few mercenaries in newport beach, or any other private entity.

the internet was built by visionaries, many of whom gave of their effort freely, because they understood the value and magic of the information age, and how it will improve ordinary people's lives.

forget porn for a second.

right now as i type this some child in some jungle in a primitive environment is being treated by some doctor who has a laptop connected to a satellite modem that is streaming him the info he needs from Johns Hopkins or Stanford medical center to save this little kid's life---acacia is not going to get 2 cents of the value of that stream.

bet on it.

FightThisPatent · 11-23-2003, 05:16 PM

Quote:

Originally posted by steffie
I don't think thats true, when Acacia filed their Lawsuite against On Command last week, they filed it in California, however that Company is located in Denver. I believe they can file a Lawsuite in the state where youre videos are being seen. If somebody in California (where Acacia is located) is able to see your website they can sue there

yup! and guess who that one person is, that is needed to prove local jurisdiction??

Acacia!

So someone in acacia's office in CA looks at your websites, sees some video, etc... then they got you with local jurisdiction.

That's why they can sue with home court advantage.

Fight the Locals!

FightThisPatent · 11-23-2003, 05:21 PM

Quote:

Originally posted by big-trouble
I have had many meetings with my attorney and the cost
of fighting them head on would put me out of business
and the cost of paying them would drasticly hurt me because
I would pay now and then again in January...

If you truly a webmaster, and not some Acacia Researcher (and they do have a team of people looking for infringements on the web), then why didn't you bring up the option of talking to spike at HomeGrownVideo and about the Defense Fund?

If you were reading any of threads in the last 4 months, you would have known that 11 of your fellow webmasters were fighting Acacia, and that you could join the Defense Fund.

It makes no sense that any company thinks they have to fight alone...unless of course you have your head in the sand and don't read any of the major boards.

I have seen pro-Acacia posts on different boards, and this one does smell like one.

I understand that some webmasters will want to settle (i have talked to many on the phone and have shared their conclusion that based on their situation, it would be best).

I understand why some will hide and do nothing.

And i certainly understand those that want to fight, will be taking a stand by joining the Defense Group.

I am sure you understand the suspicions of those reading your post of having a new nick with a low post count.

Fight the Man Behind the Curtain!

Veterans Day · 11-23-2003, 05:30 PM

if you dont think this thread starter is an acacia employee or pawn your just plain ignorant. I bought a new lincoln Towncar from the ridiculous stock prices they once had. Thanks Berman, its alllll good. I have NO video either, take care

FightThisPatent · 11-23-2003, 05:33 PM

Quote:

Originally posted by big-trouble

SO this brings me back to my question
has anyone called them and what do they say??

I have had several webmasters call them...and the conversations involve them first asking what websites they run, because Acacia doesn't know....they may have limiited and outdated info, and is evident by the blanket spamming of email and the mailing of the 'final notice' letters.

Once you tell them your websites, they look at it. If they see video off of your server, they tell you you are infringing.

If they see affiliate banners, they tell you your a contributory infringer.

One webmaster called up and when they looked at his website, they told him that his IMAGE of Windows Media Player was bad, and he had to take it down.....

People should not be calling Acacia themselves...let your attorney do it. Your attorney can provide them the same info that they mailed you, and your attorney will ask them what websites were they referring to.... i bet they won't be able to give much answers.

No matter what, the end result is they will say you are infringing, and you end up giving them validation of their spam so they can target you easier.

Remember the trick of spammers.... you click a link to "opt" out, that just puts you into a "opt in" of another list? You end up "opting in" to their "found list".

Their attitudes on the phone have been reported to me as being unprofessional....telling people in almost a threatening way they are infringing..which i am sure leads to an intimidating position, where webmasters divulge more info then necessary.

You are not on the stand, you are not in a deposition, you have no legal reasons to answer their questions. Your lawyer will not be intimidated by any tactics and will be able to get the answers as to why you have been targeted.

Once he gets those answers, then you will have to decide what to do...license, hide out, or fight.

If you or your attorney wants to know about your options, feel free to ICQ me at 52741957

Fight the Spanish Inquisition!

Veterans Day · 11-23-2003, 05:37 PM

Quote:

Originally posted by FightThisPatent

I have had several webmasters call them...and the conversations involve them first asking what websites they run, because Acacia doesn't know....they may have limiited and outdated info, and is evident by the blanket spamming of email and the mailing of the 'final notice' letters.

Once you tell them your websites, they look at it. If they see video off of your server, they tell you you are infringing.

If they see affiliate banners, they tell you your a contributory infringer.

One webmaster called up and when they looked at his website, they told him that his IMAGE of Windows Media Player was bad, and he had to take it down.....

People should not be calling Acacia themselves...let your attorney do it. Your attorney can provide them the same info that they mailed you, and your attorney will ask them what websites were they referring to.... i bet they won't be able to give much answers.

No matter what, the end result is they will say you are infringing, and you end up giving them validation of their spam so they can target you easier.

Remember the trick of spammers.... you click a link to "opt" out, that just puts you into a "opt in" of another list? You end up "opting in" to their "found list".

Their attitudes on the phone have been reported to me as being unprofessional....telling people in almost a threatening way they are infringing..which i am sure leads to an intimidating position, where webmasters divulge more info then necessary.

You are not on the stand, you are not in a deposition, you have no legal reasons to answer their questions. Your lawyer will not be intimidated by any tactics and will be able to get the answers as to why you have been targeted.

Once he gets those answers, then you will have to decide what to do...license, hide out, or fight.

If you or your attorney wants to know about your options, feel free to ICQ me at 52741957

Fight the Spanish Inquisition!

I love the little varying quotes you put at the end of your post.

Anyone needing advice should at least entertain this guys feelings on this issue.

FightThisPatent · 11-23-2003, 05:40 PM

Wanna read another "pro acacia" poster?

http://boards.xbiz.com/showthread.ph...threadid=16531

Justin Black

Has all the similar characteristics:

1) New nick
2) Low post count
3) pro-acacia
4) Can't answer back when challenged

Fight the Bad Doobies!

big-trouble · 11-23-2003, 06:52 PM

Again I am not with Acacia. The reason for my low amount of posts is because i do not post to message boards very much.

I had a sit down meeting with a patent attorney and my regular attorney that many of you know because of articals he has written in avn. We both listened to what the patent attorney had to say. To even have him start he wants 10,000.00 as far as the remark did I talk to Spike the answer is YES I DID.

I only asked if anyone has talked to them and that is my only question... Just becasue it might not be the "popular" question I am accused of working for them. Sooner or later if this keeps going everyone is going to have to make a decision. If you have a ton of money to fight I hope you do and kick their ass but if you are like me who don't have it you are out on a limb.. I really have no options and no bargining power.

This is a game of high stakes poker and if you have the money to fight please fight!
Another thing is they will file in Califorina NOT in your state. If you think that they have to come to your area you are dead wrong.. ALSO even if you are a corp they can still go after you personally.
Some of the people posting here have not talked to an attorney about this and are posting incorrect information.

Again I ask the same question has anyone talked to them and would they cut a deal????

LadyMischief · 11-23-2003, 06:59 PM

Quote:

Originally posted by boobmaster

If you are really worried about this, REMOVE ALL THE VIDEO FROM YOUR SITES. You don't NEED video content to make good $$ in this biz. The majority of surfers are looking for pics.

This is exactly what I am going to do if I get a certified letter from them.

Yes, but they can still potentially sue for past infringements... They are making it all retroactive.

Mr.Fiction · 11-23-2003, 07:00 PM

This thread is obviously an attempt to get people to sign with Acacia.

Desperation?

I guess maybe they didn't get the 1000's of new licenses they were hoping for when they (allegedly) got ahold of the Matrix list.

LadyMischief · 11-23-2003, 07:01 PM

Quote:

Originally posted by Mr.Fiction
This thread is obviously an attempt to get people to sign with Acacia.

Desperation?

I guess maybe they didn't get the 1000's of new licenses they were hoping for when they (allegedly) got ahold of the Matrix list.

Mr.Fiction · 11-23-2003, 07:02 PM

Quote:

Originally posted by FightThisPatent
Wanna read another "pro acacia" poster?

http://boards.xbiz.com/showthread.ph...threadid=16531

Justin Black

Has all the similar characteristics:

1) New nick
2) Low post count
3) pro-acacia
4) Can't answer back when challenged

Fight the Bad Doobies!

FightThisPatent · 11-23-2003, 07:04 PM

Quote:

Originally posted by big-trouble
1) I had a sit down meeting with a patent attorney and my regular attorney that many of you know because of articals he has written in avn.

2) ALSO even if you are a corp they can still go after you personally.

3) Some of the people posting here have not talked to an attorney about this and are posting incorrect information.

1) I don't think it to be a violation of any agreements should you publish this attorneys name.... if anything, it would give those that need a patent attorney someone to chat with.

Since you mentioned that he has written AVN articles, that means his name is already in the public spotlight.

2) Did your lawyer tell you that? Since you are not a lawyer, you can answer and post how a person who is incorporated is personally liable.

The only way that can be done, in my understanding, is of willfull infringement...and Acacia can't get that on most webmasters just because they sent out a 'final notice'. So i am curious as to what your attorney meant by that.

3) Like what?

Thanks for taking the time to post.. i am not on the kick that you are an acacia agent (anymore), and give you the benefit of the doubt, that you are an adult webmaster, and that you have done the right thing to have your attorney get more info for you.

I agree with you, so many have not, but as i answered your post based on webmasters who have talked to Acacia, there isn't much you get back.

Feel free to ICQ me at 52741957 and we can chat offline..i keep all info confidential.... i have had many webmasters that many of you will know, tell me they have or will be settling..and you have never heard me "rat" anyone out... i hold my integrity and honor on these issues, because i know it is both a business decisions and a very sensitive issue.

Fight the Leaks!

Veterans Day · 11-23-2003, 07:38 PM

Unless your a massive program I can see plenty of small time webmasters closing up shop on Friday and opening up on Monday with a diff model. The net makes it so easy to dip and dodge. Like stated most webmasters dont make shit and work outta mommys house. What are they gonna lose ultimately? some traffic a domain and a little pride, REBUILD NEXT WEEK I see it happening ALOT

FightThisPatent · 11-23-2003, 07:44 PM

Quote:

Originally posted by Veterans Day
Unless your a massive program I can see plenty of small time webmasters closing up shop on Friday and opening up on Monday with a diff model.

yes, but..... if they are sued...and not incorporated as many aren't, they are personally liable.

Saying that they shutdown/close business...won't help in a lawsuit, because Acacia could go for prior infringement... being un-incorporated, means you don't have the option of corporate BK..only personal BK.

So the small webmasters who can't afford to pay the minimum license, are usually the same ones that are not incorporated.

Many, many webmasters fall into this category..and do have alot to be concerned about IF they get sued.. right now, they can't do anything...except be listening for news.

I am working on a plan for class action type defense... I am waiting to talk to a patent attorney on monday about this... could be a way for TGP/Affiliate/linkers who would be faced with 'contributory infringement; lawsuit to be able to defend themselves as a group/class..rather than as individuals.... details to come.

slim chance, but i am trying to find options for webmasters.

Fight the corners!

Veterans Day · 11-23-2003, 07:52 PM

Quote:

Originally posted by FightThisPatent

yes, but..... if they are sued...and not incorporated as many aren't, they are personally liable.

Saying that they shutdown/close business...won't help in a lawsuit, because Acacia could go for prior infringement... being un-incorporated, means you don't have the option of corporate BK..only personal BK.

So the small webmasters who can't afford to pay the minimum license, are usually the same ones that are not incorporated.

Many, many webmasters fall into this category..and do have alot to be concerned about IF they get sued.. right now, they can't do anything...except be listening for news.

I am working on a plan for class action type defense... I am waiting to talk to a patent attorney on monday about this... could be a way for TGP/Affiliate/linkers who would be faced with 'contributory infringement; lawsuit to be able to defend themselves as a group/class..rather than as individuals.... details to come.

slim chance, but i am trying to find options for webmasters.

Fight the corners!

what are ya gonna take from a broke 18 year old webmaster? His Honda civic?

Mr.Fiction · 11-23-2003, 07:58 PM

Quote:

Originally posted by Veterans Day

what are ya gonna take from a broke 18 year old webmaster? His Honda civic?

If Acacia wins, Berman may soon be cruising around Orange County in this:

Veterans Day · 11-23-2003, 08:14 PM

Quote:

Originally posted by Mr.Fiction

If Acacia wins, Berman may soon be cruising around Orange County in this:

dude you always kill me man, I feel ya I couldnt be caught dead in one of those fuckin Hondas. I thought "wiggers" gave a bad name to dumb white kids. The Honda guys are even better
http://www.riceboypage.com/

FightThisPatent · 11-24-2003, 07:20 AM

responses big-trouble?

Fight the Hump in the Road!

homegrownSpike · 11-24-2003, 07:42 AM

Not sure if we have spoke but one thing is for sure I would have answered the question.

Anyone has talked to them?

Call me back and I will be happy to answer that question.

homegrownSpike · 11-24-2003, 07:43 AM

Quote:

Originally posted by Mr.Fiction
This thread is obviously an attempt to get people to sign with Acacia.

Desperation?

I guess maybe they didn't get the 1000's of new licenses they were hoping for when they (allegedly) got ahold of the Matrix list.

As of Friday they said they had 60 out of 10,000 letters sent.

ltl · 11-24-2003, 08:08 AM

Those contemplating trying to cut a deal with Acacia should ask themselves these questions:

1. Will the name of my business look good in Acacia press releases?

2. Is there anything else in it for Acacia to cut a deal with me? (making measly amounts of discounted licensing doesn't really count)

If the answer to 1 and 2 is NO - then what makes you guys think they will cut a deal? It would look far better in a Acacia press release to say they put x number of companies out of business because they wouldn't pay their licensing fees then it would to cut a discount deal with some insignificant website?

I don't think this question needs a call to Acacia to be resolved - it's just common sense.

11-23-2003, 02:15 PM	#51
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,882	50 acacia calls __________________ Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000 Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

11-23-2003, 05:40 PM	#59
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	Wanna read another "pro acacia" poster? http://boards.xbiz.com/showthread.ph...threadid=16531 Justin Black Has all the similar characteristics: 1) New nick 2) Low post count 3) pro-acacia 4) Can't answer back when challenged Fight the Bad Doobies! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

11-24-2003, 07:20 AM	#71
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	responses big-trouble? Fight the Hump in the Road! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

11-23-2003, 05:30 PM	#56
Veterans Day Confirmed User Join Date: Jul 2003 Location: The Windy City Posts: 8,403	if you dont think this thread starter is an acacia employee or pawn your just plain ignorant. I bought a new lincoln Towncar from the ridiculous stock prices they once had. Thanks Berman, its alllll good. I have NO video either, take care

11-23-2003, 06:52 PM	#60
big-trouble Registered User Join Date: Nov 2003 Posts: 7	Again I am not with Acacia. The reason for my low amount of posts is because i do not post to message boards very much. I had a sit down meeting with a patent attorney and my regular attorney that many of you know because of articals he has written in avn. We both listened to what the patent attorney had to say. To even have him start he wants 10,000.00 as far as the remark did I talk to Spike the answer is YES I DID. I only asked if anyone has talked to them and that is my only question... Just becasue it might not be the "popular" question I am accused of working for them. Sooner or later if this keeps going everyone is going to have to make a decision. If you have a ton of money to fight I hope you do and kick their ass but if you are like me who don't have it you are out on a limb.. I really have no options and no bargining power. This is a game of high stakes poker and if you have the money to fight please fight! Another thing is they will file in Califorina NOT in your state. If you think that they have to come to your area you are dead wrong.. ALSO even if you are a corp they can still go after you personally. Some of the people posting here have not talked to an attorney about this and are posting incorrect information. Again I ask the same question has anyone talked to them and would they cut a deal????

11-23-2003, 07:00 PM	#62
Mr.Fiction Confirmed User Join Date: Feb 2002 Location: Free Speech Land Posts: 9,484	This thread is obviously an attempt to get people to sign with Acacia. Desperation? I guess maybe they didn't get the 1000's of new licenses they were hoping for when they (allegedly) got ahold of the Matrix list.

11-23-2003, 07:38 PM	#66
Veterans Day Confirmed User Join Date: Jul 2003 Location: The Windy City Posts: 8,403	Unless your a massive program I can see plenty of small time webmasters closing up shop on Friday and opening up on Monday with a diff model. The net makes it so easy to dip and dodge. Like stated most webmasters dont make shit and work outta mommys house. What are they gonna lose ultimately? some traffic a domain and a little pride, REBUILD NEXT WEEK I see it happening ALOT

11-24-2003, 07:42 AM	#72
homegrownSpike Registered User Industry Role: Join Date: Nov 2002 Posts: 30	Not sure if we have spoke but one thing is for sure I would have answered the question. Anyone has talked to them? Call me back and I will be happy to answer that question.

11-24-2003, 08:08 AM	#74
ltl Registered User Join Date: Jul 2003 Posts: 34	Those contemplating trying to cut a deal with Acacia should ask themselves these questions: 1. Will the name of my business look good in Acacia press releases? 2. Is there anything else in it for Acacia to cut a deal with me? (making measly amounts of discounted licensing doesn't really count) If the answer to 1 and 2 is NO - then what makes you guys think they will cut a deal? It would look far better in a Acacia press release to say they put x number of companies out of business because they wouldn't pay their licensing fees then it would to cut a discount deal with some insignificant website? I don't think this question needs a call to Acacia to be resolved - it's just common sense.