Acacia - What's the latest? - GoFuckYourself.com

SiMpLe · 03-25-2004, 12:15 PM

Since PHX is around the corner, Playboy and Walt Disney are the latest sign on's - Whats the scoop thus far?

Anyone?

FightThisPatent · 03-25-2004, 12:20 PM

Quote:

Originally posted by SiMpLe
Since PHX is around the corner, Playboy and Walt Disney are the latest sign on's - Whats the scoop thus far?

Anyone?

It's quite right now. April 9th is the next markman hearing. I believe there are 3 scheduled in total, with April 9th being the second. The concluding one and court verdict on the terms and definitions should be by summer.

The conclusion will not be the end of this issue, just determines if DMT patent applies to the internet, and if not, some additional hearings to lead to an invalidation verdict.

I'm on the industry issues forum on Friday to chat about patent stuff.

Fight the Plug!

SiMpLe · 03-25-2004, 12:28 PM

Good post thanks

AlienQ - BANNED FOR LIFE · 03-25-2004, 12:29 PM

Basically they will get there asses beat in court and continue sucking money from the companies that signed the agreement.

zentz · 03-25-2004, 12:32 PM

there is a mud called acacia ?

FightThisPatent · 03-25-2004, 12:51 PM

In xbiz article:Voice Media Files Opposition to New Destiny Lawsuit
http://www.xbiz.com/news_piece.php?id=2539

(translator:
Voice Media = CEcash, Cyberotica, etc
New Destiny = Homegrown Video)

-------------------------------------------------------------

"At issue is also a patent licensing agreement that Voice Media signed with Acacia Research in early 2003, which included Homegrownvideo. According to Voice Media, the agreement was intended to cover "all recorded video streaming" that occurred as a result of gross revenues from its affiliates, among them Homegrownvideo.

"We decided it was the prudent thing to do," Voice Media's attorney Ira Rothkin told XBiz. "It was an effort to protect CECash affiliates, many of whom couldn't afford to hire a lawyer in patent litigation. So CECash constructed a deal that benefited everybody that it did business with, its affiliate and site offerings, one of which happened to include Homegrownvideo."

-------------------------------------------------------------

When a sponsor licenses Acacia's DMT patent, it doesn't really protect the affiliates, only the revenue generated from that sponsor program. Most affiliate webmasters have more than 1 program they promote, so programs that didn't license would still require a license, and at the time, the minimum license was $1,500. Anyone receive notices from Acacia that were CEcash affiliates?

The last line is quite funny.. if CEcash did negotiate a patent licensing deal that covered Homegrown, someone forgot to tell Acacia, since Acacia filed a lawsuit against HomeGrown Video.

Fight the Oooops and things that make you go hmmmmm!

FightThisPatent · 03-25-2004, 12:59 PM

In an AVN article http://www.avnonline.com/issues/2004...032404_1.shtml

[note, Rothken is Ira Rothken, attorney for Voice Media involved in the HomeGrown Video dispute]

---------------------------------------------
"At this point," Rothken continued, "it appears as though Homegrown has decided that, apparently, they don't care about their affiliates. They're wrong about their patent theories and not only put themselves in peril but all those who are making money off sending traffic to them. The right thing here is to maintain the Acacia license while the patent litigation plays out."

But he said if New Destiny/Homegrown proves right about the Acacia patents, "at that point we will have done two things: One, we will have taken the correct business step, that during the litigation [we] would not be sued over the Acacia issue as it relates to CECash sites; and, number two, to the extent that there is an adverse finding against Acacia, that it's not likely that any further patent licensing fees would have to be paid. [Our] decisions are driven not by litigation crusades but by prudent balancing of the risks and benefits. This industry does not need further litigation."
------------------------------------------

Mr. Rothken seems to suggest that when someone knocks on your door with a (bogus) patent, that you should just pay up and wait until some other company takes care of the problem. I think this idea comes from the skool of the Ostrich Approach to dealing with Problems.

As you read from the previous post, Rothken said that Homegrown and its affiliates were protected.

When the defendants get a non-infringing verdict, it won't be an invalidation of the patent. So it does remain to be seen if existing licensees must continue to pay the license, because the patent was not invalidated and secondly, the licensee agreed in writing of what they were doing was infringing the patent.

Fight the Sand in the Ears!

Mutt · 03-25-2004, 01:05 PM

excellent point FTP.

yeah, that's exactly why CE settled with Acacia of course, out of concern for their affiliates. How Levi hasn't been sainted yet by the Catholic church is beyond me. There is no justice

i feel for the Homegrown guys, they will pierce the corporate veil but it's going to be alot of work for their attorneys because CE ...er. TradeNews ...whatever they're calling themselves now has no doubt re-constructed itself to become harder to sue by business associates and the government. Big legal bills for Homegrown unfortunately.

F lawyers - and i come from a family of them.

FightThisPatent · 03-25-2004, 04:36 PM

Quote:

Originally posted by zentz
there is a mud called acacia ?

there is a tree and plant called acacia:
http://www.bhg.com.au/gardening.nsf/...pedia+-+Acacia

Fight the Botany!

DiVo · 03-25-2004, 05:27 PM

Brandon,

Did you know you can extract DMT from the bark of the Acacia tree?

FightThisPatent · 03-25-2004, 05:33 PM

Quote:

Originally posted by DiVo
Brandon,

Did you know you can extract DMT from the bark of the Acacia tree?

http://www.acacialand.com/apea.html

It does appear that you can get DMT from the tree.

Fight the Inhale!

chupacabra · 03-25-2004, 05:44 PM

a little birdie told me that Acacia is causing major unrest at a company in San Diego who's name is partially something enjoyed on many streaming video sandwiches..

FightThisPatent · 03-25-2004, 06:25 PM

Quote:

Originally posted by chupacabra
a little birdie told me that Acacia is causing major unrest at a company in San Diego who's name is partially something enjoyed on many streaming video sandwiches..

Interesting... a law firm in San Diego contacted me last week about the prior art finds that myself and other volunteer searches found.. in addition to 5 more firms in the last 2 weeks.

Fight the Mayo!

chupacabra · 03-25-2004, 07:43 PM

Quote:

Originally posted by FightThisPatent

Interesting... a law firm in San Diego contacted me last week about the prior art finds that myself and other volunteer searches found.. in addition to 5 more firms in the last 2 weeks.

Fight the Mayo!

heh... i actually kinda like mayo on my sandwiches, just not corporate shills who take GNU software and try to turn it into a product..

03-25-2004, 12:15 PM	#1
SiMpLe Confirmed User Join Date: Feb 2002 Location: Porn Central - California Posts: 3,221	Acacia - What's the latest? Since PHX is around the corner, Playboy and Walt Disney are the latest sign on's - Whats the scoop thus far? Anyone? __________________ Sean Holland Vice President OrbitalPay / Global Electronic Technology (GET) SKYPE: iam.sean ::: sholland at orbitalpay.com 888-775-1500

03-25-2004, 12:28 PM	#3
SiMpLe Confirmed User Join Date: Feb 2002 Location: Porn Central - California Posts: 3,221	Good post thanks __________________ Sean Holland Vice President OrbitalPay / Global Electronic Technology (GET) SKYPE: iam.sean ::: sholland at orbitalpay.com 888-775-1500

03-25-2004, 12:29 PM	#4
AlienQ - BANNED FOR LIFE best designer on GFY Join Date: Mar 2003 Location: IALIEN.COM - High Definition Video and Photographic Productions -ICQ 78943384 Posts: 30,307	Basically they will get there asses beat in court and continue sucking money from the companies that signed the agreement. __________________ NAKED HOSTING FTW!11 I'm On The INSANE PLAN $9.95/mo! \| The Alien Blog Adult News Worth Reading Updated Daily \| Content For Sale! 641 PICS 216 MINUTES OF VIDEO $350.00 \|ICQ: 78943384 \|

03-25-2004, 12:32 PM	#5
zentz Confirmed User Industry Role: Join Date: Nov 2003 Posts: 8,053	there is a mud called acacia ? __________________ Programs that owe me money ---- Epassporte.com ~ $2700 \| Protraffic.com ~ $2600 \| XonDemand.com ~ $3000 Email: [email protected]

03-25-2004, 12:51 PM	#6
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	In xbiz article:Voice Media Files Opposition to New Destiny Lawsuit http://www.xbiz.com/news_piece.php?id=2539 (translator: Voice Media = CEcash, Cyberotica, etc New Destiny = Homegrown Video) ------------------------------------------------------------- "At issue is also a patent licensing agreement that Voice Media signed with Acacia Research in early 2003, which included Homegrownvideo. According to Voice Media, the agreement was intended to cover "all recorded video streaming" that occurred as a result of gross revenues from its affiliates, among them Homegrownvideo. "We decided it was the prudent thing to do," Voice Media's attorney Ira Rothkin told XBiz. "It was an effort to protect CECash affiliates, many of whom couldn't afford to hire a lawyer in patent litigation. So CECash constructed a deal that benefited everybody that it did business with, its affiliate and site offerings, one of which happened to include Homegrownvideo." ------------------------------------------------------------- When a sponsor licenses Acacia's DMT patent, it doesn't really protect the affiliates, only the revenue generated from that sponsor program. Most affiliate webmasters have more than 1 program they promote, so programs that didn't license would still require a license, and at the time, the minimum license was $1,500. Anyone receive notices from Acacia that were CEcash affiliates? The last line is quite funny.. if CEcash did negotiate a patent licensing deal that covered Homegrown, someone forgot to tell Acacia, since Acacia filed a lawsuit against HomeGrown Video. Fight the Oooops and things that make you go hmmmmm! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

03-25-2004, 12:59 PM	#7
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	In an AVN article http://www.avnonline.com/issues/2004...032404_1.shtml [note, Rothken is Ira Rothken, attorney for Voice Media involved in the HomeGrown Video dispute] --------------------------------------------- "At this point," Rothken continued, "it appears as though Homegrown has decided that, apparently, they don't care about their affiliates. They're wrong about their patent theories and not only put themselves in peril but all those who are making money off sending traffic to them. The right thing here is to maintain the Acacia license while the patent litigation plays out." But he said if New Destiny/Homegrown proves right about the Acacia patents, "at that point we will have done two things: One, we will have taken the correct business step, that during the litigation [we] would not be sued over the Acacia issue as it relates to CECash sites; and, number two, to the extent that there is an adverse finding against Acacia, that it's not likely that any further patent licensing fees would have to be paid. [Our] decisions are driven not by litigation crusades but by prudent balancing of the risks and benefits. This industry does not need further litigation." ------------------------------------------ Mr. Rothken seems to suggest that when someone knocks on your door with a (bogus) patent, that you should just pay up and wait until some other company takes care of the problem. I think this idea comes from the skool of the Ostrich Approach to dealing with Problems. As you read from the previous post, Rothken said that Homegrown and its affiliates were protected. When the defendants get a non-infringing verdict, it won't be an invalidation of the patent. So it does remain to be seen if existing licensees must continue to pay the license, because the patent was not invalidated and secondly, the licensee agreed in writing of what they were doing was infringing the patent. Fight the Sand in the Ears! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

03-25-2004, 01:05 PM	#8
Mutt Too lazy to set a custom title Industry Role: Join Date: Sep 2002 Posts: 34,431	excellent point FTP. yeah, that's exactly why CE settled with Acacia of course, out of concern for their affiliates. How Levi hasn't been sainted yet by the Catholic church is beyond me. There is no justice i feel for the Homegrown guys, they will pierce the corporate veil but it's going to be alot of work for their attorneys because CE ...er. TradeNews ...whatever they're calling themselves now has no doubt re-constructed itself to become harder to sue by business associates and the government. Big legal bills for Homegrown unfortunately. F lawyers - and i come from a family of them. __________________ I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

03-25-2004, 05:27 PM	#10
DiVo Confirmed User Join Date: Jun 2003 Location: San Diego Posts: 153	Brandon, Did you know you can extract DMT from the bark of the Acacia tree? __________________ AIM - DivXVOD ICQ - 3370081

03-25-2004, 05:44 PM	#12
chupacabra Confirmed User Join Date: Sep 2002 Posts: 3,626	a little birdie told me that Acacia is causing major unrest at a company in San Diego who's name is partially something enjoyed on many streaming video sandwiches..