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-   -   [Acacia News] This is f*cked up (https://gfy.com/showthread.php?t=444341)

FightThisPatent 03-15-2005 02:35 PM

Quote:

Originally Posted by AlienQ

Umm...
Thats what MPEG is. You put it on a server people download it. Umm what part of that is not covered in the claims? Or is this just a situation in itself where the attornies do not know what the fuck they are talking about?


MPEG describes a file format. The DMT patent is very broadly interpreted to mean, you take content that isn't digitized, you digitize it, you compress it, you put it on a server, you retrieve the file, and you play it back.

MPEG is not the smoking gun prior art, it is just one of the pieces in the process patent. If it weren't for formats like MPEG, then none of this would be possible.

MPEG is not the prior art that invalidates the patent. Let me repeat this one last time, because some smart attorneys have said the same, MPEG is not the prior art that invalidates the patent.

VIdeos and audio files that were downloaded from BBS days is a much better prior art example.



Quote:

Originally Posted by AlienQ

FarL might have been better off just walking in with the MPEG Consortiums patent list and skipping over to TODAI's for sushi.


For the sake of the discussion, let's say he did that.. then what? The MPEG consortium is going to reach into their consortiums' dues coffer and give "pornographers" money to fight against Acacia???


Quote:

Originally Posted by AlienQ
Microsoft would have plenty of reasn t jump in, and its a shame no one took Microsoft up on it's offer. M$ would have jumped in realising that there server software sales are suffering from the patent liscenses.


M$ made their "offering" to help companies engaged in patent infringement issues well after HomeGrown was sued (and they were using Windows Media).

M$ may have been contacted, but still the issue remains for much of mainstream, the stigma of adult.. the irony of course is that so much of the streaming video is done by adult... so many mainstream companies have connections into adult and are making money from "porn" , but choose to sit on the side of rightiousness when it comes to public defense of adult entertainment companies.


Quote:

Originally Posted by AlienQ
Ya can bet they would like to increase the number of sales and increase the price of there software without clients terrified of paying liscense fee's to a bunch of Nazi Lawyers. If thats not incentive enough for em I dunno what is.


You would think... but, M$ isn't the only major company that could have gotten involved. Real Networks, Apple, etc.. they provide technology that enables streaming video...

So there is no shining mainstream white knight that will save the defendants. The defendants are the "white knights" for the entire adult industry and mainstream.


Fight the Fairy Tales!

FightThisPatent 03-15-2005 02:37 PM

Quote:

Originally Posted by chodadog
FTP, you're wasting your time.


I seem to recall some people thinking i was wasting my time with all my postings about Acacia in the beginning.

:winkwink:


Fight the Slings and Arrows!

Far-L 03-15-2005 02:46 PM

Quote:

Originally Posted by AlienQ
"MPEG does not qualify as prior art. While the specs for it pre-date the patent, it takes someone that distributes an MPEG file from a remote server in order to apply to the patent."

Umm...
Thats what MPEG is. You put it on a server people download it. Umm what part of that is not covered in the claims? Or is this just a situation in itself where the attornies do not know what the fuck they are talking about?

FarL might have been better off just walking in with the MPEG Consortiums patent list and skipping over to TODAI's for sushi.

Microsoft would have plenty of reasn t jump in, and its a shame no one took Microsoft up on it's offer. M$ would have jumped in realising that there server software sales are suffering from the patent liscenses.

Ya can bet they would like to increase the number of sales and increase the price of there software without clients terrified of paying liscense fee's to a bunch of Nazi Lawyers. If thats not incentive enough for em I dunno what is.

Wow... why didn't we think of that before! Gee, Alien, what would we ever do without you!

Do you know how to fix leaky faucets too?

chodadog 03-15-2005 02:46 PM

Indeed. :winkwink:

But AlienQ is never wrong. This guy thinks he's the be all and end all of the online adult business. It doesn't matter what facts you present to him, he'll stick to whatever ignorant notion he had prior to being informed.

AlienQ - BANNED FOR LIFE 03-15-2005 03:10 PM

MPEG/AVI/WAV both near the same pieces. Any MPEG/AVI/WAVE Patents that cross can kill the Acacia Patent from BBS days. Perhaps Ya guys were not looking hard enough at the cross claims?

Anyways...

"M$ may have been contacted, but still the issue remains for much of mainstream, the stigma of adult.. the irony of course is that so much of the streaming video is done by adult... so many mainstream companies have connections into adult and are making money from "porn" , but choose to sit on the side of rightiousness when it comes to public defense of adult entertainment companies."

So in your thoughts Adult is the end all to major mainstream corporations thinking for profit and decision making? If thats the case they would definatly come in I have no doubts that they would do it before expiration. Once realising the losses in Providing server software to Mainstream and Adult.

That event is inevitable in the scenerio. Ya can convince yourself they never would but M$ taking action is the only thing that makes sense as Mainstream branches into the Net. Especially with the advent of HD and of course Hollywood comming in more aggressively these days.
Time will tell.

So in otherwards, Ya guys saved your own asses and didnt really save anyone elses with the exception of setting Precedence?

FightThisPatent 03-15-2005 04:09 PM

Quote:

Originally Posted by Far-L
Fight the abuse of Homegrown Video's copyrights and trademarks!!!


I knew i should have filed the patent for signing a post with a Fight the...... tagline


dangnabit!


Fight the Fight the!

Far-L 03-15-2005 04:13 PM

Quote:

Originally Posted by AlienQ
MPEG/AVI/WAV both near the same pieces. Any MPEG/AVI/WAVE Patents that cross can kill the Acacia Patent from BBS days. Perhaps Ya guys were not looking hard enough at the cross claims?

Anyways...

"M$ may have been contacted, but still the issue remains for much of mainstream, the stigma of adult.. the irony of course is that so much of the streaming video is done by adult... so many mainstream companies have connections into adult and are making money from "porn" , but choose to sit on the side of rightiousness when it comes to public defense of adult entertainment companies."

So in your thoughts Adult is the end all to major mainstream corporations thinking for profit and decision making? If thats the case they would definatly come in I have no doubts that they would do it before expiration. Once realising the losses in Providing server software to Mainstream and Adult.

That event is inevitable in the scenerio. Ya can convince yourself they never would but M$ taking action is the only thing that makes sense as Mainstream branches into the Net. Especially with the advent of HD and of course Hollywood comming in more aggressively these days.
Time will tell.

So in otherwards, Ya guys saved your own asses and didnt really save anyone elses with the exception of setting Precedence?

I am lucky that I am not as dumb as I look. You are lucky that you don't look as dumb as you are. If we get out on non infringement then others would simply have to deliver their video like any one of the defense group does and acacia could not do anything to them. The only ones that would be paying licenses from acacia would be all those that signed one already as a business decision.

:1orglaugh

Far-L 03-15-2005 04:19 PM

Quote:

Originally Posted by FightThisPatent
I knew i should have filed the patent for signing a post with a Fight the...... tagline


dangnabit!


Fight the Fight the!

You mean you would want to charge me for my homage?

My haiku for the day... after the laugh and inspiration i got from yours:

my own decisions
for better or worse or else
are mine to die by

Kimmykim 03-15-2005 04:29 PM

Quote:

Originally Posted by AlienQ
FightTHisPatent it won't play out to 2011, the Patent fails the litmus test anyways, Microsoft or the MPEG Consortium would invalidate it or even a move to the Patent Office issueing a false patent by showing the USPTO the cross claims thus revoking it. I was the VERY first guy to come out publicly saying it is not valid. Infact I pointed you at one point to information relating to the claims with MPEG.

Between when this started and 2011, ACACIA's headstone will/would happen before that and losses would be collected in the aftermath.
I been wrong before I admit, but thats how I would have played it and recovered the losses.

Ah, yes, and this is why you are the multi- millionaire success story that you are.

V_RocKs 03-15-2005 04:30 PM

Acacia is bad for business...

TheJimmy 03-15-2005 04:44 PM

Quote:

Originally Posted by SykkBoy2
sadly this thread will probably die due to a lack of Britney Spears is fat comments and lesbian pictures.....

this is an interesting turn of events for sure.....


I needed that man....sooo true on both accounts


:1orglaugh :winkwink: :thumbsup :pimp

AlienQ - BANNED FOR LIFE 03-15-2005 04:56 PM

SO many haters so little time.

I just don't agree with FarL's method through out this...
Glad to see the usual choire of sheep move along with nothing of any value or substance to add to the discussion.

BAH BAH BAH!....

To bad most you tards can not think and lack your own opinion. It must suck to be you.

AlienQ - BANNED FOR LIFE 03-15-2005 04:58 PM

Quote:

Originally Posted by Kimmykim
Ah, yes, and this is why you are the multi- millionaire success story that you are.

Do you enjoy disparaging people with less than your pathetic life all ready holds? Hope ya feel good, but a cheap smile and even cheaper lipstick won't last ya to long...
Your such a little lamb...

Snake Doctor 03-15-2005 05:03 PM

Quote:

Originally Posted by Far-L
Sorry for giving you a hard time in the previous post... very touchy subject...

I didn't take it personally.....you've been in a mood lately

FightThisPatent 03-15-2005 05:30 PM

Quote:

Originally Posted by AlienQ
I just don't agree with FarL's method through out this...


please elaborate... so i know what methods and tactics to copy and which ones to avoid.


Fight the CopyCats!

chodadog 03-15-2005 06:27 PM

Quote:

Originally Posted by FightThisPatent
please elaborate... so i know what methods and tactics to copy and which ones to avoid.


Fight the CopyCats!

Lay down like a bitch and let Acacia fuck you in the ass for half your net profits until the likes of Microsoft decide to deal with this problem 5 years down the road. That's the impression i'm getting from him.

XPays 03-15-2005 07:03 PM

alien - yeah of course you are entitled to your opinion. it just seems naive to undermine the very clients that put money in designers' pockets. more money in legal and/or licensing and less money for development-

it's so easy for professionals to bury their heads in the sand and pass judgement while their peers bear the burdon.

all of the insults you pass around mixed in with your opinions reflect poorly on you. one can be a sheep too if they conistently take the minority stance automatically just to be controversial.

AlienQ - BANNED FOR LIFE 03-15-2005 07:36 PM

Evan ya might wanna run through the thread again.

I didnt start passing the insults.
I got accused of using crack...

PS: Not trying to be controversial bro...
I was attempting to have a discussion. It still remains that FarL is a bad business man.
Being armed to the teeth with attornies don't mean a thing. Well it just means idiots with money get very stupid to, its not just a simpletons epidemic.

AlienQ - BANNED FOR LIFE 03-15-2005 07:40 PM

FarL also insulted my family, that my family needs intervention...

Goes to show ya true clors.

XPays 03-15-2005 07:40 PM

Quote:

Originally Posted by AlienQ
Evan ya might wanna run through the thread again.

I didnt start passing the insults.
I got accused of using crack...

PS: Not trying to be controversial bro...
I was attempting to have a discussion. It still remains that FarL is a bad business man.
Being armed to the teeth with attornies don't mean a thing. Well it just means idiots with money get very stupid to, its not just a simpletons epidemic.

granted i do not get to follow gfy throughout the day. but lately it seems you have been extra extra hostile to a lot of people. Just an observation. Going back to minding my own beeswax now...

AlienQ - BANNED FOR LIFE 03-15-2005 07:52 PM

Quote:

Originally Posted by XPays
granted i do not get to follow gfy throughout the day. but lately it seems you have been extra extra hostile to a lot of people. Just an observation. Going back to minding my own beeswax now...

Not alot...
Just the same ones.
Hell I even said earlier in this thread FarL was good for one thing but bad on another side of the coin. I admire his confusion I guess...

Its fascinating.
How does a guy manage to go to fight CE whom supposedly had em covered by default, join a band of other companies file charges of miles and miles of shit on a company that made em then stand around thinking he is a hero when all he did was save his own ass? Correction barely saved his own ass.

Its really FASCINATING!

AlienQ - BANNED FOR LIFE 03-15-2005 08:11 PM

I will take it a leg further...

Ya guys talkin about cost this cost that and lawyer fee's 1/2 money gone bullshit.

How much is going to cost a cmpany these days unable to protect there content and not stream it? How about when it all started? Ya folks tell me what the safer road is...

A company unable to do the above is out of business or stuck passing around beta tapes and VHS. What a joke. Do the math on not being able to protect content do the math on not being able to stream it...

Wouldnt it have been easier all along to STFU and fasten a seat belt and wait for the right time and place to battle? I think so.

SleazyDream 03-15-2005 08:15 PM

Quote:

Originally Posted by AlienQ
Infact I would go so far to say that you would be nothing if it were not for CE back in the day. You would have been just another Video Label that prolly would have fried out in late 90's as the internet would have proceeded to beat your ass.

Ya had a gift and ya fucked it, in my honest opinion.

you seem to have A lot of weird opinions - what extactly do you do?

AlienQ - BANNED FOR LIFE 03-15-2005 08:19 PM

Quote:

Originally Posted by SleazyDream
you seem to have A lot of weird opinions - what extactly do you do?

I do little more than just run a TGP in some half cocked fasion calling everyone idiots while shipping cheap PC's to contest winners.

What you don't know by now? Are you really some kind of fucken retard?

FightThisPatent 03-15-2005 08:58 PM

Quote:

Originally Posted by AlienQ
N
How does a guy manage to go to fight CE whom supposedly had em covered by default,


I think you are missing something (again). The lawsuit with Voice Media/CE has everthing to do with alleged shaving of millions of dollars from HomeGrown. Nothing about Acacia.

It just happens that HomeGrown got hit with a double legal whammy of having to hire attorneys to fight acacia, and another set of attorneys to deal with Voice Media.

I don't see how this makes Far-L a bad business man. His company had a bad business relationship and have to resort to civil lawsuit to deal with.



Fight the Gillette!

gideongallery 03-15-2005 10:46 PM

Quote:

Originally Posted by FightThisPatent
You are missing something in your analysis.

When the current defendants get a non-infringement verdict, it does not invalidate the patent. INvalidating the patent is a different process, one that the defendants will most likely not attempt.

All of the companies that have licensed with Acacia will be required to continue to pay them licensing. The terms of the contract state IF the patent is found INVALID, then the contract is void.

A non-infringement verdict is not an INVALIDATION of the patent.

So it does make sense to fight the infringement claims, could actually be cheaper in the long run, but certainly more expensive in the short term.

It is a short-term near-sightedness that those that settled with acacia, thinking they got off cheap, will have to continue to pay them royalties until 2011 when the patent expires.


Fight the Short Term!

which is a good thing since it will result in more companies thinking twice about settling bogus patent claims

pornguy 03-15-2005 10:51 PM

And dont worry, as soon as this one is over with, acacia will pull something else out of thier magic asses.

FightThisPatent 03-15-2005 11:15 PM

Quote:

Originally Posted by pornguy
And dont worry, as soon as this one is over with, acacia will pull something else out of thier magic asses.


They already have.. the acquired 27 patents that are very broad.

Round 1 was V-chip - knocked down by Sony

Round 2 is DMT - will be knocked down by defendants

Round3 is Hotspot patent - this ones is in la-la land

Round 4 - 31 - breaking down each patent because most likely based on history, they going to make up what they want the patents to mean.



Fight the Never Ending Story!

reynold 03-15-2005 11:22 PM

This thread could use some popcorn. :1orglaugh

CDSmith 03-15-2005 11:45 PM

Quote:

Originally Posted by AlienQ
Wouldnt it have been easier all along to STFU and fasten a seat belt and wait for the right time and place to battle? I think so.

Easier, yes. Right? Doubtful, and here's why. For every company that "fastens a seatbelt", that means they basically have to purchase a license, which means Acacian grows stronger.

A stronger Acacia is a good thing how again?

And, you keep stating what WILL happen in the next 5 years regarding M$ and the other mainstream 'bigs' like you know for a fact. However, the only fact is that you're really in the same boat as the rest of us, in that you know fuck ALL about what is going to happen. I propose that you yourself STFU and let those who have the balls to stand up and fight for this industry do so.

I'll take it a leg further.... why not get off your uber-entrepreneurial ass and go make a donation to the IMPA? Come on, be a real cowboy.

FightThisPatent 03-15-2005 11:52 PM

Here is a depressing summary of various patents that could be employed in a website:

http://www.dotmon.com/


Fight the Patent Insanity!

AlienQ - BANNED FOR LIFE 03-16-2005 12:18 AM

Quote:

Originally Posted by FightThisPatent
I think you are missing something (again). The lawsuit with Voice Media/CE has everthing to do with alleged shaving of millions of dollars from HomeGrown. Nothing about Acacia.

It just happens that HomeGrown got hit with a double legal whammy of having to hire attorneys to fight acacia, and another set of attorneys to deal with Voice Media.

I don't see how this makes Far-L a bad business man. His company had a bad business relationship and have to resort to civil lawsuit to deal with.



Fight the Gillette!

Well...
Thats still for the courts to decide. I have no doubts that CE will come out on top of that whole issue.
Again time will tell FTP. But in the meanwhile....

I would almost think that spreading such about that issue to the industry is pretty negligent unless proven. But this in itself is entirelly a different topic.

Yes double whammy "Bad Relationship" + "Acacia" and how many dollars later?
This is what I am talkin about "Business" decisions. Poor ones at that.

Your phrase should not read "Fight the Gillette",but "Fight Time Consuming And Millions for nothing"

At the rate he is cruising FarL will be next to Al Goldstien in a New York Bagel factory taking orders.

FightThisPatent 03-16-2005 08:04 AM

Quote:

Originally Posted by AlienQ
Well...
Thats still for the courts to decide. I have no doubts that CE will come out on top of that whole issue.
Again time will tell FTP. But in the meanwhile....

I would almost think that spreading such about that issue to the industry is pretty negligent unless proven. But this in itself is entirelly a different topic.


It seems your "loyalty" to CE includes wearing blinders. You must not have been reading any of the AVN articles about HomeGrown vs Voice Media / CE for all kinds of bad business activities. The court date is in about 45 days.

I'm not "spreading" anything negligent, it's all been publically documented. This must be the first time you are reading about it.

Will your world come to end when Voice Media is found to be guilty of the bad things that you would feel strong against (shaving, not cancelling people's membership on request, double billing, and other bad/illegal business practices) ?


Quote:

Originally Posted by AlienQ
Yes double whammy "Bad Relationship" + "Acacia" and how many dollars later?
This is what I am talkin about "Business" decisions. Poor ones at that.

So your problem with Far-L is that his company got involved with a bad business partner... which is Voice Media / CE, which is whom you praise so highly??

And you fault them for standing up and fighting against what is wrong, spending their OWN dollars.

So you are able to stand and pass judgement on people on how they best handle their business?

Your opinions are your own, but when based on incorrect and imagined pretenses, it becomes delusional.



Quote:

Originally Posted by AlienQ
Your phrase should not read "Fight the Gillette",but "Fight Time Consuming And Millions for nothing"


So when HomeGrown proves in court the wrongdoing by Voice Media / CE and is awarded millions, you going to apologize to Far-L?

When HomeGrown and the other defendants beat down Acacia, and save the entire industry from Acacia, you going to apologize to HomeGrown and to all the defendants (like Video Secrets, Adult.com, Silvercash, Max Cash, LightSpeed, etc, etc, etc) that they didn't "waste" their money and thank them?

You may not be directly affected by Acacia as a web designer, but your clients that use video on their websites are affected. So when you are thumbing your nose at Far-L and the defendants for "wasting their money" in fighting Acacia, you are also disrespecting your clients.



Fight the Blinders!

FightThisPatent 03-16-2005 10:09 AM

ACTG stock pumpers on the Yahoo board were wondering that if Spike knows they had a license via Voice Media, why doesn't he contact Acacia to let them know about it.

I chatted with Spike about this issue just now, and he said that Berman has been aware for a long time. He talked to Berman on the phone about this a year ago.

HomeGrown had some speculations that something was going on with Voice Media, but Berman would not confirm nor deny it about a year ago.

It was only recently in depositions with Voice Media that it became factually clear to HomeGrown that something was indeed going on with licensing.

When I asked him why he doesn't let Acacia know of their "clerical error", he responded that it's not his duty to let the plantiff know they have the wrong defendant, and the fact that he had already talked to Berman about this issue, so it would just be repeating what was already known by Acacia.

So here it is now, as it was a year ago or so ago, Acacia had knowledge that HomeGrown had a license but has continued to name them in a lawsuit.

Now that Spike's side has been answered, seems to me the question to Acacia is still, "why is HomeGrown a defendant in this case?".



Fight the Geraldo!

AlienQ - BANNED FOR LIFE 03-16-2005 10:18 AM

"So when HomeGrown proves in court the wrongdoing by Voice Media / CE and is awarded millions, you going to apologize to Far-L?"


We shall see... We shall see.

Anyways thanks for a great debate bud.
We can bump this thread in 45 Days I got it book marked.

FightThisPatent 03-16-2005 01:43 PM

In this Press Release (http://story.news.yahoo.com/news?tmp...c&sid=95573503)

"Microsoft Corp. (Nasdaq:MSFT - news) will pay Burst.com Inc. (Nasdaq:BRST - news), a developer of software for streaming audio and video over the Internet, $60 million to settle a patent infringement and antitrust lawsuit, the world's largest software maker said on Friday.

Santa Rosa, California-based Burst said in a 2002 lawsuit that Microsoft had infringed on its patent for sending audio and video content over the Web....."



Hey there, Burst's patent was for sending audio and video content over the web.... isn't that what the DMT patent is about?

Oh the paradox.

What is burst.com doing that ACTG not doing? Spending over $3M in legal fees to deal with pornographers and here comes Burst.com to swoop in and get a whopping settlement.

Maybe having Microsoft settle, will mean Microsoft would be easy to rollover with the DMT patent.

Fight the Bubble Bursting!


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