Nov. 30th Acacia Amenesty Date coming

[FightThisPatent]

Read there: http://www.fightthepatent.com/v2/ChickenLittle.html

Discuss here.



Fight the Link Challenged!

[TomsPics]

For those of us who obtain little knowledge on the court system, how does group defense work? Does this hired firm fight for everyone as a whole? Or do they help out with individual cases that acacia is going after for no licensing?

[MattO]

thanks for reminding me, I just moved so I better update my new address in my Matrix info.

[FightThisPatent]

Originally posted by TomsPics
For those of us who obtain little knowledge on the court system, how does group defense work? Does this hired firm fight for everyone as a whole? Or do they help out with individual cases that acacia is going after for no licensing?

Great question.... typical class action lawsuit is usually against a company where a law firm does it for a percentage take of the court award.

In the case of the 11 defendants, they all contribute money into a common fund that then gets drawn (paid) to the attorneys handling the case.

It's like a class action, because all defendants have the same charges against them, and same evidence, so they will be argued at the same time.

The downside of this, is if Acacia should prevail (a sure sign is when you see pigs flying) then each defendant loses together...versus if only 1 lost, then the next one could find new prior art and new arguments..

While it's united we stand..it's also united we fall in a group/class defense.

The defendants don't seem to be too concerned with losing since the evidence of prior art is looking very strong... but then again, only a court of law will determine which side has the right story.


Fight the Division!

[TomsPics]

Ok say we jump in and contribute some money for the fight, can acacia go after us individually for no licensing while were fighting them in court as a whole? If so, whats the point for us small guys even the larger guys to chip in? They will come after us individually and we (small guys) can't afford to fight back individually leaving us double screwed.

[FightThisPatent]

Originally posted by TomsPics
Ok say we jump in and contribute some money for the fight, can acacia go after us individually for no licensing while were fighting them in court as a whole? If so, whats the point for us small guys even the larger guys to chip in? They will come after us individually and we (small guys) can't afford to fight back individually leaving us double screwed.

I am currently talking to a patent attorney and a corporate attorney combo, to see if they can find an angle that would allow smaller webmasters who want to take a legal stand, to band together to put money in a fund that goes directly to legal defense (there is no Fight the Patent Foundation concept anymore)

The idea is that whoever is the first to actually be sued, the money would go towards their defense (assuming that webmasters put money into the defense fund).

The next webmaster that gets sued, can join the defense fund by putting in their share (ie $1,000) and they join the group... ..the new lawsuit will get folded into the existing lawsuit and tried as a group.

This defense group would be for TGP/affiliate/linker type people, that are a different crowd than the existing defense group (made up of paysites and direct infringers).

This group of people are 'contributory infringers' where you don't have any audio/video on your website, just links.. so it's not about prior art..it's about what really defines as 'contributory infringer' and whether you are liable or not.

Still waiting on some answers..have a meeting/dinner with one of the attorneys today, so i hope to have some answers. stay tuned.

This idea will only work if a large group of smaller webmasters band together.. otherwise, there is not enough money to properly defend the case...and then everyone will be left to defend themselves on their own.

There is strength in unity.

Fight the Suits!

[TomsPics]

I'll put a G on it if it will get these cock suckers off my back untill the judge comes up with the answer.

[FightThisPatent]

Happy Thanksgiving to all.

I realize the historical irony of this holiday, but nonetheless, it is a time to reflect upon our family, careers, and life to be thankful for good fortune, and to seek good fortune when in bad times.


Peace and good fortune to all,
brandon

[FightThisPatent]

Originally posted by TomsPics
I'll put a G on it if it will get these cock suckers off my back untill the judge comes up with the answer.

Forgot one part you of the question you had asked.


If you are in litigation against acacia, you can continue to run your business and you don't have to pay the license. This allows you to continue to operate, in order to additional fund the lawsuit.

The current 11 defendants are operating their businesses, despite Acacia trying to pull an injunction to make them stop from continuing to "infringe" on the patent....

The flipside is that if the defendants lose, they can be hit with prior infringement fees as well.


Fight the Flipside!

[AlienQ - BANNED FOR LIFE]

"Still waiting on some answers..have a meeting/dinner with one of the attorneys today, so i hope to have some answers. stay tuned."

Wow you having Thanksgiving dinner with the attorney to discuss things?

I can see it now...

The server should be bringing in the meals shortly...
I love your gravy it streams nicely on the potatoes!
Transfer the stuffing onto this platform here so everyone can all get some easily.
Hey, ya want me to shut you down? Your knife is infringing on that Ham's right to gravy!

[FightThisPatent]

Originally posted by AlienQ
[BHey, ya want me to shut you down? Your knife is infringing on that Ham's right to gravy! [/B]

hehehehehhee... since his wife is cooking, not sure how he can write the dinner of as an expense




Fight the Triptovan!

[CDSmith]

If it is possible and viable, a "group defense" fund would be awesome. You should consult with Choker on this, last I heard he was looking into this as well.



Embrace the Vicodin!!

[FightThisPatent]

Originally posted by CDSmith
If it is possible and viable, a "group defense" fund would be awesome. You should consult with Choker on this, last I heard he was looking into this as well.

Choker was looking at creating an organization specifically for TGP/linkers and ran into the issues about antitrust..then he was chatting with IMPA about coming under their umbrella..haven't heard anything since.

In this approach, it's not an organization, just a pooling of money held in escrow and paid directly to defense expenses.

The folks at http://www.YouMayBeNext.com (mainstream) have done similarly in their fight against PanIP (which could easily target the adult industry).

Once i get some legal opinions, i will definitely be contacting Choker with the details.


Fight the Legal Stuffing!

[AlienQ - BANNED FOR LIFE]

What really scares me these days is that our industry is touting itself as a $12B a yr industry. I am sure there are many other companies licking there chops right now.

These are the days I feared when I began work in Adult.

I preferred it be known between Uncle Sam and the industry. Those were some really nice times for the business.

Anyways
Have a good Thanksgiving!

[FightThisPatent]

Originally posted by AlienQ
What really scares me these days is that our industry is touting itself as a $12B a yr industry. I am sure there are many other companies licking there chops right now.

That number is so miscontrued...... That number represents ALL adult business....not online......and most people associate that $8-$12B as being online..... I venture a guess to say that online adult internet (worldwide) is somewhere around $200M - $300M per year.

Larry Flynt said in an xbiz interview, that Hustler does about $1.3M/month

Acacia bought into those numbers....but the investors haven't...as evident by the stock price after the 3Q call.... when Acacia announced that annualized revenue from licenses would be about $1 - $1.5M

So Acacia has been very busy in mainstream... filing 2 lawsuits recently, and pouring on the marketing campaign to schools and universities.



Fight the Skew!

[adonis]

"They followed up with "Final Notice" letters to over 10,000 websites"

How do you know they sent notices to 10,000 sites? I didn't see an announcement from Acacia about the number of notices.
Just being curious..

[FightThisPatent]

Originally posted by adonis

How do you know they sent notices to 10,000 sites? I didn't see an announcement from Acacia about the number of notices.

Read it somewhere..can't remember where... didn't think i had to footnote everything like attorneys do.





Fight the Text in Small Print!

[FightThisPatent]

pre-shopping post-tgiving bump

[BrentD]

Acacia is going to start slamming everyone fast because they now know they have no fuckign real case, come Feb. they will be shot down like a fucking ducks in the air...DIE ACACIA YOU AIN'T EGTTIN SHIT FROM ME!!!!

[FightThisPatent]

Originally posted by BrentD
Acacia is going to start slamming everyone fast because they now know they have no fuckign real case, come Feb. they

Since all of the defendants are being treated as a group by the judge (having same infringement claims, same defense, etc)... he may put a hold on Acacia going rampant with their lawsuits... it may mess up the scheduling if too many lawsuits were filed....so it will be very interesting to see what happens in the next 60 days.


Fight the Claims!

[makefuckingmoney]

Originally posted by MattO
thanks for reminding me, I just moved so I better update my new address in my Matrix info.

now this is humor!

haha

matrix..haha they should have had their blowout first!!

[Mr.Fiction]

Originally posted by FightThisPatent





Since all of the defendants are being treated as a group by the judge (having same infringement claims, same defense, etc)... he may put a hold on Acacia going rampant with their lawsuits... it may mess up the scheduling if too many lawsuits were filed....so it will be very interesting to see what happens in the next 60 days.


Fight the Claims!

Hopefully Acacia will be stupid enough to piss off the judge.

[FightThisPatent]

Originally posted by Mr.Fiction


Hopefully Acacia will be stupid enough to piss off the judge.

I hope they don't file a bunch of lawsuits...but if they do, yes, i hope they piss off the judge!


Fight the Pissing!

[FightThisPatent]

This is a post on another board in response to the same thread posted (article).... in case anyone else was thinking the same thing, i though it relevant to share as well as my response.



"A) You're stupid. People have offered you money but you havent taken it? Judge people by their actions not their words. You talk a lot, but despite receiving "promises" for money you have not actually taken any ACTION to help defeat patents. Sorry bud, I dont trust anybody who his offered money but doesnt take it. Usually means there is another agenda.

You're helping the enemy. Every time you make one of your posts about this matter you only serve to perpetuate the over-active imaginations of most webmasters and perpetuate the mentality & fear that companies like acacia hope to hahahahaha in the mind of every idiot who chooses to navigate the intracacies of patent law by reading your posts instead of consulting counsel.

Do you work for acacia? Because I hope you are aware that you have been one of their #1 advertisers. "




My response:



Nope.

Providing awareness is a double edged sword... but I feel that knowledge has helped more to cope/deal with the situation.

"Ignorance is bliss" only in fairy tales....and serves no purpose for business.

Knowing what you are up against, despite not being able to do anything about it is...is better than being ignorant about it.

I am actually IMPA's biggest marketer and supporter.....i promote them and the Defense Fund more so than even they do.....

It's always pitiful to see people attacking/criticizing my efforts. If I took people's money, then you would say i was in it for a scam. Since I didn't take people's money, i am stupid.... so either case, you and other detractors will always have something to say. I say what i mean and mean what i say.. i am a straight shooter.


As far as action goes.. i have done alot more action than you have done to belittle my efforts... the search for prior art has yielded some great finds, as well as some expert witnesses for testimony for the defense.


If you are getting bored of all the acacia threads....turn the channel.....there are many more people out there that appreciate my efforts.


Fight the Ignorance!

[FightThisPatent]

For those who know some webmasters that STILL don't know about this Acacia issue, feel free to point them to :

http://www.fightthepatent.com/v2/ChickenLittle.html


It's a summary of all things Acacia leading up to Nov. 30th.

Think of it as Episode 4, Patent Wars.

Episode 5 is in production starting December 1st.. hopefully with a release date by the summer (right when the patent gets invalidated in my optimistic viewpoint).

And no, Acacia is not my father.



Fight the Space Satire!

[FightThisPatent]

Episode 5: The Webmaster Strikes Back

Watch as Spike Skywalker and Han Lightspeed take on the dark side Farce.





Fight the SpaceBalls!

[EZRhino]

Originally posted by FightThisPatent
Episode 5: The Webmaster Strikes Back

Watch as Spike Skywalker and Han Lightspeed take on the dark side Farce.





Fight the SpaceBalls!

[Splash]

Anyone else think there will be some Press Release Monday from Acacia with all the new licensees and $$$ they now have in their piggy bank? I wouldn't be surprised if there were more than 10,000 letters sent out @ $0.51/ea plus printing fees. It makes good logic on their end even if they only get 20 new takers. That would only be .002 percent of the mailings and well cover their costs. Marketing at it's best!

One thing is for sure... I'm not going to post in this thread and be highlighted. It just doesn't make common sense coming out of the holidays(& Nov. 30th deadline) to push the envelope. Nope! I'm Bert from Soap.

(This post does not exist... you may continue)

[FightThisPatent]

Originally posted by Splash


One thing is for sure... I'm not going to post in this thread and be highlighted.

I do have confirmation from a webmaster that acacia does have a research team.....

Their research team must be homeless people because the targets of the 'final notice' letters are very bizarre.

Goes to show that they must have used a mailing list to send the junk mail and spam, without verifying the targets.

Would have made more sense if they put the websites that were infringing...instead....they want people to call in to talk to them and webmasters end up getting intimidated on the call and giving them their websites URL.... which they then update their database.

Lawyers should be doing the talking to Acacia....they don't get intimidated as easy.


Fight the Intimidation!

[Far-L]

Brandon: Quick point of clarification....

Each defendant in the Defense Group is independant. If one loses, that does not mean that everyone loses.

We all do video different ways and none of us are infringing.

[Zorgman]

Episode 6: Return Of The Webmasters

[Kick Ass Chat]

Prediction.......actg stock will double in December

[Jamie]

Originally posted by Zorgman
Episode 6: Return Of The Webmasters

[FightThisPatent]

Originally posted by Zorgman
Episode 6: Return Of The Webmasters

I think that Episode 6 will be: Return of Acacia


with some other patent they picked up and out for round 3 (round 1 was the v-chip patent, round 2 is DMT patent)


Fight the Trilogy!

[Gateway69]

bump