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Old 02-26-2004, 07:53 AM   #1
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Disney gets goofy: signs with Acacia

read there: http://www.fightthepatent.com/v2/Disney.html

post here.


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Old 02-26-2004, 08:51 AM   #2
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In your article you said Disney and some of it's properties visited your site...how are you able to tell Disney visited your site?

Could you give the procedure on how to identify who comes to a site that a person owns?

Thanks
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Old 02-26-2004, 08:52 AM   #3
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fucking disney
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Old 02-26-2004, 08:53 AM   #4
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Interesting. ACTG opened with only a 0.42 increase and has been falling. Mwah-hahahaha.
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Old 02-26-2004, 08:54 AM   #5
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WOW! This is really interesting...

How do you know the have been several visits by Disney and some of its properties to the website BTW?
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Old 02-26-2004, 08:56 AM   #6
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This can get painfull for the adult industry... Acacia has lots of fresh cash to spend
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Old 02-26-2004, 08:58 AM   #7
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Old 02-26-2004, 09:00 AM   #8
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GO FUCK ACACIA !!!
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Old 02-26-2004, 09:07 AM   #9
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indeed
this is pretty bad news
acacia stock will ike that
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Old 02-26-2004, 09:08 AM   #10
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This doesnt look good folks.
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Old 02-26-2004, 09:17 AM   #11
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And its reflected in the stock price today as well up near 8% and climbing.

Contrary to those that thought this would go away quick this just seems to keep rolling. They are relentless and as long as these companies (as big as Disney wow) keep signing this will never stop.
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Old 02-26-2004, 09:21 AM   #12
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Just because Disney signed with them has NO bearing on whether or not they'll win their case against 'us'! And when we do win, who will be the ones feeling like asses ;)
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Old 02-26-2004, 09:25 AM   #13
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BMG, Disney, who's gonna be next. Someone with the money, just fucking squash Acacia already. This is getting tired!
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Old 02-26-2004, 09:27 AM   #14
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acacia needs to be stopped, i can't believe disney gave into their tactics, this is getting ridiculous, i can't believe they're actually winning this battle
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Old 02-26-2004, 09:28 AM   #15
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The best hope is to have their patents invalidated.
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Old 02-26-2004, 09:31 AM   #16
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The thing that sucks is you sign with them and then there is the other two companies with their patents. I think hustler gave them forward motion, Thanks Larry.
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Old 02-26-2004, 09:31 AM   #17
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The best hope is to have their patents invalidated.
I agree. The approach they have used of setting precedent is working for them. This just makes them stronger.

Going to the root of the claim which would be the patent office and getting the patents invalidated would be key now to shutting this monster down.
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Old 02-26-2004, 09:32 AM   #18
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Your website has this info:

When the current defendants are found to be not-infringing, the companies that signed will have to continue to pay licenses. They would have to stop paying Acacia, get sued by Acacia for breach of contract, and then go to court to show the judge the non-infringement ruling from the defendants case to get out.

I do not believe that this is accurate. The Acacia licensing contract says this:

In the event that all of the licensed patents are held to be invalid by a non-appealable final order... (blah blah blah)...this agreement shall automatically terminate.

I do not believe that defendants would be able to show the non-infringement ruling and get out, that ruling would likely be appealed and could drag on for years more before it is a non- appealable final order. Realistically, if you sign with Acacia you can expect Acacia will demand payment until the patent expires regardless of the decisions that come from the Markman hearing.
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Old 02-26-2004, 09:32 AM   #19
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Quote:
Originally posted by papa56
In your article you said Disney and some of it's properties visited your site...how are you able to tell Disney visited your site?



I monitor my web logs and use a program (Web log) that translates the IP to domain names.

So i see things like xxxx.disney.com or xxxx.nhl.com

Most times, the IP/domain is to ISP, but for corporations, their IP translates into the company name.

I see lots of fortune 100 level companies hitting my website.



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Old 02-26-2004, 09:35 AM   #20
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BMG, Disney, who's gonna be next. Someone with the money, just fucking squash Acacia already. This is getting tired!

There are 9 defendants, your peers, that are fighting the fight and spending their company profits to take care of Acacia.

They are the first ones to go to court, whereas everyone else settled and signed.

The current defendants have the best shot at defending all websites against this particular patent and sadly, even their peers have not rallied to financially support the efforts.

Even companies that did settle, it is in their best interests to help make a stand against patentees.. otherwise, it's just an open invitation for SightSound and USA Video.


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Old 02-26-2004, 09:39 AM   #21
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Originally posted by scoreman

I do not believe that this is accurate. The Acacia licensing contract says this:

In the event that all of the licensed patents are held to be invalid by a non-appealable final order... (blah blah blah)...this agreement shall automatically terminate.



It is accurate by all current accounts.

A non-infringement verdict in the current litigation is not an invalidation verdict.

Non-infringement would mean that the patent doesn't apply to the internet, still applicable to cable/satellite.

To go for an invalidation verdict requires challenging every claim in the patent, whereas non-infringement verdict means challenging the handful of claims that acacia has asserted.

So the wording of the webmaster license is correct. Once the verdict for non-infringement comes through, the current licensees still have to pay because the patent was not invalidated.

It's a very interesting contractual point.


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Old 02-26-2004, 09:42 AM   #22
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Going to the root of the claim which would be the patent office and getting the patents invalidated would be key now to shutting this monster down.



I agree.. but who is going to do that?




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Old 02-26-2004, 10:01 AM   #23
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I agree.. but who is going to do that?
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Old 02-26-2004, 10:06 AM   #24
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Why would Disney roll over? Cheaper to pay license then to litigate.

Now here comes the domino effect with other companies doing as Disney has done figuring they know what they are doing and Acacia is not to be contested....

Fight the COPY cat syndrome to come.
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Old 02-26-2004, 10:10 AM   #25
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Folks..

Let us not forget that many BIG TV manufacturers rolled over and paid Acacia for their alleged V-Chip Patent before a few of the remaining manufacturers PREVAILED in court.

I call this "drive-by" business. Get as many $$$ as you can as quickly as you can before the courts issue the ultimate "Fuck you".

Of course, this is just my opinion as I understand the facts to be.

"PROUD TO BE AN ACACIA DEFENDANT"
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Old 02-26-2004, 10:16 AM   #26
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Originally posted by LeeNoga
Why would Disney roll over? Cheaper to pay license then to litigate.



Which is an absolutely true statement.

If companies think they need to play the macho John Wayne approach of taking care of bizness by themselves... then they will settle.

Businesses like those at http://www.YouMayBeNext.com band together. The current 9+ defendants banded together.

The pooling/sharing of finances is the key to the fight. Individually, it's tough to shoulder the expense of litigation.

The fundamental flaw of companies that settle is one where they didn't want to join with others.

The amount that they pay in yearly royalties will add up to be more than their share of contribution in a group defense.



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Old 02-26-2004, 10:24 AM   #27
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I posted this on the Yahoo ACTG board in response to someone mentioning about Comcast wanting to buy Disney:


It has been said about Comcast as a haven for porn since they run alot of porn channels.

Disney being squeeky clean in their family-friendly appearance might have an issue.

I guess Disney didn't take into account that Acacia is a partner in Porn.. deriving revenue based on the success of porn businesses to the tune of 1-4% of gross revenue.

Maybe with this new found relationship with Disney and Acacia, maybe Acacia should introduce Disney to the porn companies that handle streaming video.. they know the technology and how to handle high traffic.

Maybe could do their own Paris-Hilton-Directed video stint into porn.. Minnie does Dallas.



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Old 02-26-2004, 10:25 AM   #28
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don't forget the contract says "all the patents" last i heard they had between 9 and 15 different patents inthe streaming video field. This could make for an impossible battle.
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Old 02-26-2004, 10:31 AM   #29
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Disney is evil for supporting the Acacia patent. just goes to show how much of an idiot eisner is
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Old 02-26-2004, 10:38 AM   #30
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Originally posted by Doc911
don't forget the contract says "all the patents" last i heard they had between 9 and 15 different patents inthe streaming video field. This could make for an impossible battle.


The defendants challenge of the patents should take care of all the subsequent patents. When you knock the legs out from the foundational patent, it does provide for a domino effect.

There is basically only 1 patent.. the additional patents are improvements on the patent that are supposedly meant to narrow, not broaden the patent claims. It's all the same stinky sock.


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Old 02-26-2004, 10:52 AM   #31
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Quote:
Originally posted by FightThisPatent




Which is an absolutely true statement.

If companies think they need to play the macho John Wayne approach of taking care of bizness by themselves... then they will settle.

Businesses like those at http://www.YouMayBeNext.com band together. The current 9+ defendants banded together.

The pooling/sharing of finances is the key to the fight. Individually, it's tough to shoulder the expense of litigation.

The fundamental flaw of companies that settle is one where they didn't want to join with others.

The amount that they pay in yearly royalties will add up to be more than their share of contribution in a group defense.



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For disney thats not the case they have alot more money than acacia.
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Old 02-26-2004, 10:54 AM   #32
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even disney signs with Acacia..WTF...
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Old 02-26-2004, 10:57 AM   #33
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do you have a link to where this is stated on acacia's website or a newsfeed site, I can't seem to find it
thanks
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Old 02-26-2004, 11:05 AM   #34
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do you have a link to where this is stated on acacia's website or a newsfeed site, I can't seem to find it
thanks


Reuters: http://biz.yahoo.com/rc/040226/tech_..._disney_1.html

acacia:
http://biz.yahoo.com/bw/040226/265278_1.html




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Old 02-26-2004, 11:18 AM   #35
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who cares. industry leaders sign with acacia and people love them for it. everytime topbucks posts, people go googoo gaga over them. oh wait.. they made an individual business decision. so basically, fuck the industry, im in it for myself is the industry motto.
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Old 02-26-2004, 11:31 AM   #36
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Originally posted by BigFish
im in it for myself is the industry motto.

I can understand your sentiment... but there are some great examples of companies who are fighting against what is fundamentally wrong.

All of the defendants (and members of IMPA) are looking out for their company firstly, and secondly, for the better of everyone.

In case people have forgotten, these are the guys looking to stop the patent absurdity:

Video Secrets
Homegrown Video
Lightspeed
ARS
Gamelink
Ademia (JMM)
AEBN
Audio Communications
Adult Check
National A-1
ProAdult




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Old 02-26-2004, 11:36 AM   #37
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Originally posted by FightThisPatent



I can understand your sentiment... but there are some great examples of companies who are fighting against what is fundamentally wrong.

All of the defendants (and members of IMPA) are looking out for their company firstly, and secondly, for the better of everyone.

In case people have forgotten, these are the guys looking to stop the patent absurdity:

Video Secrets
Homegrown Video
Lightspeed
ARS
Gamelink
Ademia (JMM)
AEBN
Audio Communications
Adult Check
National A-1
ProAdult




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I'm aware of that. But it doesn't help when an industry leader like TopBucks signs and the majority hails their decision and continually support them.
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Old 02-26-2004, 11:44 AM   #38
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It never astounds me after all the years in law school that the biggest single defense against shit like this is people standing up and saying NO.

Like what's happening with Disney's CEO Michael Eisner. People are standing up and saying NO.

I posted this info here a half dozen times but you guys didn't see the forest for the trees.

Disney did this as an attempt to shore up confidence with it's investors because a bigass vote happens next week. If heads change at the company, the ACACIA situation may change. Had people stood up around here it wouldn't have gotten as far as it's gotten.
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Old 02-26-2004, 12:07 PM   #39
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This sucks... big time. Just because Disney signed with them though doesn't mean it is over.

What scares me the most is how fast the drive by patent business is growing. There is probably someone out there right now trying to get a patent on plugins, html, email etc etc etc.

The patent office has got to get uptodate. It is a 200 year dinosaur that is refusing to die. They are as much to blame as Acacia.

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Old 02-26-2004, 12:08 PM   #40
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Wow thats big news
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Old 02-26-2004, 12:13 PM   #41
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Okay, just to play devil's advocate here. Can you imagine the backlash and bad press if Disney came to the adult industry for help in avoiding this issue? Of course, they probably did not realized that they were involved in it by buying the license either. But this way they can play the victim and not say they willingly got involved with the porno people for help.

I'm not happy about this development, but I can sort of understand the situation.
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Old 02-26-2004, 12:16 PM   #42
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Not a company I wanted to have sign with them
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Old 02-26-2004, 12:21 PM   #43
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Originally posted by ounique
Okay, just to play devil's advocate here. Can you imagine the backlash and bad press if Disney came to the adult industry for help in avoiding this issue? Of course, they probably did not realized that they were involved in it by buying the license either. But this way they can play the victim and not say they willingly got involved with the porno people for help.

I'm not happy about this development, but I can sort of understand the situation.

Hunh? Disney's already in the adult industry. They own everything for 10,000 miles around except the breathin'.

It'll be worse if Comcast does buy Disney or Time Warner.
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Old 02-26-2004, 12:57 PM   #44
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For people with big money, they may think there can be far more money made than lost by signing the contracts and purchasing the stock.

I think that has happened quite a few times so far with some of these big companies.

They may see it more as a high return investment opportunity more than a threat to their business.... espeically when you may be able to get a sweetheart deal (that could further lower your investment risk) if your name is big enough.

Last edited by goBigtime; 02-26-2004 at 12:59 PM..
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Old 02-26-2004, 12:59 PM   #45
AlienQ - BANNED FOR LIFE
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Micky Mouse sold out?

Fuck that man, thats not right.

Burning all the Disney DVD's right now...
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Old 02-26-2004, 01:08 PM   #46
FightThisPatent
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let's not forget SightSound and USA Video, especially with BMG settling with SightSound.

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



Fight the Repost!
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Old 02-26-2004, 01:31 PM   #47
Ludedude
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Yeah, let's all hail Adult Check as the saviors of the adult industry

I hope they take it up the ass.
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Old 02-26-2004, 01:32 PM   #48
Platinum Dave
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Holy Shit Acacia blood suckers stock is up 17% now

Unfucking real
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Old 02-26-2004, 01:34 PM   #49
Ludedude
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Dave, you were one of the first to sign weren't you? To call your partners blood suckers isn't very gentlemanly.
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Old 02-26-2004, 01:35 PM   #50
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Quote:
Originally posted by Marc De
Just because Disney signed with them has NO bearing on whether or not they'll win their case against 'us'! And when we do win, who will be the ones feeling like asses ;)
This is the only reason I still have a few ARS links up. God only knows where they lead to nowadays but no matter, as long as ARS is in the fight I'll do my little itty bitty part to support them.
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