Who paid out money to Acacia?

[Paul Markham]

It must really suck to be one of tho9se who paid out to Acacia. They thought they were taking the easy route and might even get an edge on the rest of the business. Only to find they lost respect, business and now probably still paying out to these cock suckers. Sucks to be a whimp.

This was on another board so will not post the link.

WASHINGTON ? In a decision of particular interest to online adult companies, the U.S. Court of Appeals for the Federal Circuit ruled earlier this week that courts should look to the language in the patent itself rather than turn first to dictionaries to determine the meaning of patent claims.
The ruling is expected to have direct impact in the infringement case brought on by Acacia Technologies against online adult companies, an Electronic Frontier Foundation official told XBiz.

?The new Federal Circuit decision will make it even harder for Acacia to show its patents are valid,? EFF staff attorney Jason M. Schultz told XBiz. ?[U.S. District Court] Judge [James] Ware has already indicated that most of the Acacia patents are too vague and unclear to be valid, and the new Federal Circuit decision reinforces the notion that if you didn't disclose something in your patent, you can't sue people for infringing it. That looks exactly like what Acacia has done.?

After several years of litigation against more than a dozen adult companies, Acacia Technologies, a division of Newport Beach, Calif.-based Acacia Research Corp., is continuing its suit over its patented technology, called Digital Media Transmission. The intellectual property licensing firm has five U.S. patents that cover the transmission and receipt of digital audio and video content.

Acacia legal counsel Robert Berman did not respond to repeated XBiz inquiries on the impact of this week?s ruling by the federal appeals court.

In the case decided this week, an en banc panel of the appeals court addressed the issue of dictionary use in Phillips vs. AWH, 03-1269.

The Federal Circuit, which ultimately decides most contentious patent cases, embraced dictionary definitions in a 2002 decision, Texas Digital Systems vs. Telegenix, 308 F.3d 1193.

But since then the court has been split ? some of the panels have ruled that dictionary definitions should be the first source for construing the meaning of a word in a patent claim while others have relied on both the written description of the invention and dialogue between patent applicants and the U.S. Patent and Trademark Office interpreting the scope of the patent.

In this week?s 38-page decision, the Federal Circuit found fault with the Texas Digital ruling.

?The methodology [the Texas Digital] adopted placed too much reliance on extrinsic sources such as dictionaries, treatises and encyclopedias and too little on intrinsic sources, in particular the specification and prosecution history,? Judge William Bryson wrote for the 10-to-2 panel. ?The main problem with elevating the dictionary to such prominence is that it focuses the inquiry on the abstract meaning of words rather than on the meaning of claim terms within the context of the patent.?

Some lawyers say the Federal Circuit has brought back some sense of predictability in patent cases with the decision, as it realigned itself with the U.S. Supreme Court's 1996 ruling in Markman vs. Westview Instruments, 517 U.S. 370, which directed courts to look first at intrinsic evidence in determining the scope of a claim and then turn to extrinsic evidence.

?Texas Digital had turned Markman on its head, and the court today set it back upright,? patent attorney Theodore Herhold told the Recorder, a San Francisco-based legal newspaper. Herhold filed an amicus brief for Visa U.S.A. Inc. and others in the Phillips case.

In a dissent, Judge Haldane Mayer wrote that ?the main problem with elevating the dictionary to such prominence is that it focuses the inquiry on the abstract meaning of words rather than on the meaning of claim terms within the context of the patent.?

?While this court treats the district court as an intake clerk, whose only role is to collect, shuffle and collate evidence, the reality, as revealed by conventional practice, is far different,? Mayer wrote. ?We simply must follow the example of every other appellate court, which, regarding the vast majority of factual questions, reviews the trial court for clear error.?

In the Phillips case, the en banc panel concluded that the district court and a panel of the Federal Circuit had too narrowly interpreted the term in finding AWH did not infringe the patent and remanded the case back to the district court to address the infringement claims. Inventor Edward Phillips claimed that AWH infringed his patent on steel-shell panels resistant to vandalism. The case centered on the meaning of the term ?baffles.?

[Paul Markham]

Does anyone here even know who Acacia are?

What a difference a year makes..

[Arousal Design]

Haha, yes. I remember a few companies who "sold out" so to speak to acacia and settled a deal for their profits.

Pretty much a dead issue now . They sent me a letter, i threw it away

[PMdave]

last list I had was:
smutbucks.com
primecash.com
falcondollars.com
megapornbucks.com
cecash.com
venuscash.com
buttbucks.com
ten.com
trafficcashgold.com
zooted.com
wickedbucks.com
vividcash.com
flyntdigital.com
candidcash.com
platinumbucks.com
sexedcash.com
epiccash.com
adultmegacash.com
jerocash.com
pornkings.com
dormbucks.com
adultpaymaster.com
chichiclicks.com
creamycash.com
gloryholecitycash.com
ddgcash.com

after that I gave up

[Paul Markham]

Originally Posted by PMdave

last list I had was:
smutbucks.com
primecash.com
falcondollars.com
megapornbucks.com
cecash.com
venuscash.com
buttbucks.com
ten.com
trafficcashgold.com
zooted.com
wickedbucks.com
vividcash.com
flyntdigital.com
candidcash.com
platinumbucks.com
sexedcash.com
epiccash.com
adultmegacash.com
jerocash.com
pornkings.com
dormbucks.com
adultpaymaster.com
chichiclicks.com
creamycash.com
gloryholecitycash.com
ddgcash.com

after that I gave up

Acacia released that list thinking it would persuade a few more to sign up. When they saw the shit storm it stirred they realised it was a mistake.

One of the things we can all be thankful for is the Acacia were not the sharpest tools in the box.

[cjaccardi]

Acacia sent me several letters which were disposed of

I am still thankful for home grown videos and everyone else who took the fight on

[mardigras]

This is what they get for getting greedy and suing universities and cable companies

[Spunky]

Pimples must be pissed off

[Rui]

Was going to say EpicCash and PornKings settled but was already posted lol ohh well...

[LiveDose]

I threw my letters in the trash. Anyone who listened to berman on the radio interview could tell he was nothing more than a use tool and had no idea what he was talking about. It is a testament to this companies management that they would choose someone with no technology intellect to be their mouth piece. Pathetic.

When a group of third rate lawyers get together you get a company name acacia...

It was surprising to see so many big players give in so easily but they were just making what they felt to be good business moves. There are also plenty of awesome companies that chose to fight and stand up for what we all know is right.

vsmedia
homegrown
aebn

Just to name a few...

[jollyperv]

Wish I still had that nice glossy packet they sent out. I need a good laugh right now.

[SGS]

They sent us the package and the legal advice we were given was to ignore it... So we did.

[Drake]

Originally Posted by charly

Acacia released that list thinking it would persuade a few more to sign up. When they saw the shit storm it stirred they realised it was a mistake.

One of the things we can all be thankful for is the Acacia were not the sharpest tools in the box.

[FightThisPatent]

Originally Posted by jollyperv

Wish I still had that nice glossy packet they sent out. I need a good laugh right now.

It's been over 2 years now with the Acacia Saga.. August 12th marks the 2nd year anniversary of FightThePatent.com

For many, Acacia is a joke or something that you may have forgotten about, but the sad note is that companies in the defense group have collectively paid out close to $2M in legal fees, to not only standup to patent extortion, but to stand up for all adult websites that have audio/video.

The companies that signed a license with Acacia made their own "business decision", and I have never been in favor of blacklisting or trying to single them out.

On the flipside, it sure would be nice to the companies listed below be shown some luv by using their programs and products.

Money that these companies make from the businesses goes into pot for a shared defense. It would have been ALOT cheaper for these companies to have settled (and given the names below, you know they have the money to do so), they could have gotten a sweetheart deal, and then Acacia could have just steamrolled through all of the webmasters.

It is because of those below that Acacia has not filed any additional lawsuits, and these guys are going to squash Acacia's claims.

Since the cable companies have been consolidated with the internet defendants, there is some court slowdown as the cases get combined, but the end is still coming for Acacia.

While i have been quite vocal over Acacia, it is these companies that are doing the walk and talk. please show some appreciation to these companies:


Video Secrets
Homegrown Video
Lightspeed
ARS
Gamelink
Ademia (SunUp)
AEBN
Audio Communications
National A-1 Advert (hotmovies.com)
Silver Cash
Max Cash
Club Jenna
Adult.com

(if i have left anyone out, please email me and i will be sure to update my list)


Fight the low hanging fruit!

[High Quality]

Thats funny charly. Thanks for the link. I remember I got a letter in the mail and threw it right in the trash. I believe they got a hold of the old ARS webmaster list and just sent out a letter to everyone.

[Rich]

Originally Posted by LiveDose

I threw my letters in the trash. Anyone who listened to berman on the radio interview could tell he was nothing more than a use tool and had no idea what he was talking about. It is a testament to this companies management that they would choose someone with no technology intellect to be their mouth piece. Pathetic.

When a group of third rate lawyers get together you get a company name acacia...

It was surprising to see so many big players give in so easily but they were just making what they felt to be good business moves. There are also plenty of awesome companies that chose to fight and stand up for what we all know is right.

vsmedia
homegrown
aebn

Just to name a few...

Add adult.com and lightspeed to that list.

[MetaMan]

pimpdog is such a fag.

bet you his panties are im a bunch as he reads this wondering whether or not to respond.

pimpdog = pussy.

[rockbear]

Thanks again to:

Video Secrets
Homegrown Video
Lightspeed
ARS
Gamelink
Ademia (SunUp)
AEBN
Audio Communications
National A-1 Advert (hotmovies.com)
Silver Cash
Max Cash
Club Jenna
Adult.com

I use around 40% of these sponsors and will do for a long time :-)

Thanks again guys.

[AlienQ - BANNED FOR LIFE]

I called Acacia Bullshit some 4 years ago or whatever...
I hate to say I told ya so...

But I did.

[RogerV]

Originally Posted by rockbear

Thanks again to:

Video Secrets
Homegrown Video
Lightspeed
ARS
Gamelink
Ademia (SunUp)
AEBN
Audio Communications
National A-1 Advert (hotmovies.com)
Silver Cash
Max Cash
Club Jenna
Adult.com

I use around 40% of these sponsors and will do for a long time :-)

Thanks again guys.

Rock on

[wjxxx]

Originally Posted by AlienQ

I called Acacia Bullshit some 4 years ago or whatever...
I hate to say I told ya so...

But I did.

[Far-L]

Originally Posted by AlienQ

I called Acacia Bullshit some 4 years ago or whatever...
I hate to say I told ya so...

But I did.

Moron. You said everyone that chose to fight was stupid to do so and that they were making a poor business decision.

Don't think that is forgotten.

Just another time when you were trying to please your Daddy, kiss ass.

Now you want to act like you were somehow "right". Pathetic at best. This is a perfect example of the weakness of your character. Go ask Ron if you should post any further to this thread or whether you are about to make a bigger idiot of yourself and CE in the process.

[Jace]

i know of a few larger companies that secretly settled and no one said one word about it....and it still remains secret to this day

all in all though, it was their business decision to make, and I fear to say I would have probably made the same decision

[pornguy]

Great read, and great for us. As far as I know, we were one of the first to get the papers from them, and we told them to kiss our ass.

As for posting this from another board, I think that because it has some effect on all of us, puting the link should be over looked.

[H.I.G]

Originally Posted by charly

Does anyone here even know who Acacia are?

What a difference a year makes..

very true

[hottoddy]

Next question:

Everyone remember the company who peed their panties and gave out their entire mailing list to Acacia?

[D-Money]

Originally Posted by FightThisPatent

Fight the low hanging fruit!

LOL


And for those who don't know, it was on D-Money Show that Acacia used the term "low hanging fruit" when referring about adult webmasters.

I still meet attorneys to this day that say they listened to that live show and couldn't believe Acacia used that term.

Back then, no one knew exactly what their patent meant and who would be affected.

I agree that the webmasters should go out of their way to use a services of those fighting the fight.

Fight The Patent!

[wjxxx]

Originally Posted by MetaMan

pimpdog is such a fag.

bet you his panties are im a bunch as he reads this wondering whether or not to respond.

pimpdog = pussy.

no response yet

[Grapesoda]

Originally Posted by charly

It must really suck to be one of tho9se who paid out to Acacia. They thought they were taking the easy route and might even get an edge on the rest of the business. Only to find they lost respect, business and now probably still paying out to these cock suckers. Sucks to be a whimp.

This was on another board so will not post the link.

here's my thinking: it's a Microsoft issue. suppose you got a letter from Uniroyal one day telling you that you own them money on the patten for rubber 'cause you have tires on yer car? I wasn't told that I would have to pay licenses for every aspect of car ownership, nor was I told my ms that if I used media player, and movimaker I would have to pay someone else. and adobe never told me I had to pay someone for using their software to jerk around with 'jpgs' so to my mind it;s the manufacturer's responsibility to clear the way for their products use . . .

bmb

[Pipecrew]

I often wonder about all the people who threw "content specials" "hosting specials" and all that crap, actually donated the money they said they would towards the fight against acacia or if they just kept it.

[Far-L]

In most cases, those that said they were making donations did not. We got a few big donations, greenguy and jim and gary kremen come to mind, but most of the donations were from small webmasters. The dollar amount did not add up to much but the heart was large and the spirit of those donations was immeasurable to improving morale.

Donations pretty much quit when the issue fell from being topical but at that point we were committed. The bond that has formed between the companies that have fought this together is very strong. These are stand up companies and I would always welcome the opportunity to do business with any one of them. Everyone should especially thank ATK, they were not even getting sued and joined the defense group. Truly heroic.

And of course there are the Ron Levy's of the world that settled and falsely claimed to have donated.

BTW... I heard Acacia is about to raise their license rates...we will be done and over with this soon enough but right now mainstream has been dumped into it and we are working together. Our burn rate is a fraction of what it was as a result. We are two years ahead of everyone so you can imagine what a position that puts us in. Meanwhile... those that licensed will be paying for the next twenty years if we get out on non-infringement.

[Grapesoda]

Originally Posted by Far-L

Everyone should especially thank ATK, they were not even getting sued and joined the defense group. Truly heroic.
.

thank you Kim . . .

[AlienQ - BANNED FOR LIFE]

Originally Posted by Far-L

Moron. You said everyone that chose to fight was stupid to do so and that they were making a poor business decision.

Don't think that is forgotten.

Just another time when you were trying to please your Daddy, kiss ass.

Now you want to act like you were somehow "right". Pathetic at best. This is a perfect example of the weakness of your character. Go ask Ron if you should post any further to this thread or whether you are about to make a bigger idiot of yourself and CE in the process.

What?
Are you on fucking crack?

Show me the proof retard.
You are so fucken lame it hurts sometimes.

Fucken christ.

I left a company kinda because of Acacia I felt so strongly about it.
I will give ya a couple guesses who it was Mr Fucken brilliant.

But you do not know shit. Ya never will nor have the remotest concept of how I really operate. Your a fucken ass maggot.

[Quickdraw]

Originally Posted by AlienQ

What?
Are you on fucking crack?

Show me the proof retard.
You are so fucken lame it hurts sometimes.

Fucken christ.

I left a company kinda because of Acacia I felt so strongly about it.
I will give ya a couple guesses who it was Mr Fucken brilliant.

But you do not know shit. Ya never will nor have the remotest concept of how I really operate. Your a fucken ass maggot.

http://www.gofuckyourself.com/showthread.php?t=444341

[AlienQ - BANNED FOR LIFE]

Far L you are no god damn hero, your semblance of such just resembles the epitome of how fucken dumb you really are.

Yay you paid to fight Acacia ya paid your ass out with a number of other companies thats all fine and well but you only saved your own asses.

Why don't ya just drive the deathnail into Accacia?

Because you can't.
Ya cut a deal to save your own ass.

Thats all.

Rumor has it one company got assaulted by Accacia and no deal was made, Acacia ran away with thier tails between there legs after 2 or 3 meetings. No courts.

Ya know who it is?
I do...

How did that happen?

I know how.

Fuck you man...
Your a moron.

[AlienQ - BANNED FOR LIFE]

Originally Posted by Quickdraw

http://www.gofuckyourself.com/showthread.php?t=444341

? can you read?

You think just because I worked for CE that I supported Acacia?

Jump on the idiot wagon with Far L.

[AlienQ - BANNED FOR LIFE]

When people were wondering what the fuck Acacia was, I found out.

I was amoung the first to begin calling out opposition to it.
I was also amoung the first to start sending Technical information to FTP when it was going on.

Saying I supported accacia is a fuckin pipe dream assholes.

[AlienQ - BANNED FOR LIFE]

I will tell ya all right now though.

FarL is a mother fucken moron.

Info I provided probably helped his case against Acacia.

Oh how the truth hurts.

[Quickdraw]

Originally Posted by AlienQ

? can you read?

You think just because I worked for CE that I supported Acacia?

Jump on the idiot wagon with Far L.

You have already stated you know I can't read--

Or maybe just STFU, and collect money...
Tough life choices.

This is one of those things I could never understand...
Why successful people utilise so much energy, so much effort and chose a path of ignorance.

It's so expensive. One could put a daughter through college, ride in the fucken finest car's and and have a pimp pad with water fall's in the back yard. Is the world not enough they goto be dumb and blow million's on shit for nothing.

Sigh...

Hows this fighting make you money? It don't...

Your a poor business man that got a lucky break.

Don't get me wrong, its not that I think ACACIA should get respect for it's Patent's. They are bogus in my opinion and an abuse of the system.

I like Far L and dislike em for some of the choices along the path of all of this.
Guess I come from the roots of always respecting those who made me in this path called life...

But sure as shit...
Put a million in my bank with a good rate and I would be out of this mother fucker, folks wouldnt hear god damn peep from me nor would I galavant around the industry bad mouthing those that made the dream come true...

Anyways...
This accused crack head is going to design some more shit that converts, while you big boy idiots waist your money.

Cuz ya would get back...
It doesnt take a genious to figure out this was the wrong battle at the wrong time. Microsoft would have snuffed them out in half the time then retribution would be dealt with for the losses in paying an ACACIA "Liscense" in the aftermath.

Licensing would have been more of an investment...

Duh...

You people are really fucken stupid its amazing.

Gee, this sounds familiar. For the record I don't know Far-L or promote his programs.

Chodadog ya better becareful they accused me of being a crackhead. Yur sounding more insane than me now...
When your mouth is removed from Far L's cock just remember how the cum tasted and think a little before jumping a band wagon.

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.

That is probably enough, I think your 'view' has been quoted enough.

You wanted proof, I gave a link.

Your insults are truly hurtful

[AlienQ - BANNED FOR LIFE]

Umm..

See Quickdraw your failing to realise a couple things.

FarL also is fighting CE. I oppose the fight with CE between CE and FarL I think it was one of the biggest mistakes of his life. Time will tell.

I am glad FarL faught Accacia thats great.
But that has little to do with any support for Accacia or even CE for that matter.

Fact is...

FarL had a free ticket with Acacia staying with CE. What I mean by that is under clause HomeGrown was covered ( I believe)
Money was good and only got better during his partnership CE (Again I believe it is true).

So here we are 4 years later a millions of dollars later for what?

Chewing on his own tail.
Congrats.

bwah Hahahahh!
Thats why I call em a poor businessman.

he is just stupid.

[AlienQ - BANNED FOR LIFE]

How many of you people even know I told CE when I was there Acacia was Bogus?
I told Ron L. that my fucken self.
Infact I said it multiple times.

Ya can ask any major industry guy and know exactly where I sat regarding Acacia the whole fucking time. I even contributed information to FTP when they were gathering info.

So FarL put that in your mother fucking idiot peace pipe and choke it down.

[FightThisPatent]

Originally Posted by AlienQ

I was also amoung the first to start sending Technical information to FTP when it was going on.

could you email/ICQ me the email address that you had used to email me... i respond to everyone that sent in prior art leads. I have given credit to those that provided substantive prior art finds (like Gateway.. rocking awesome prior art) when i forwarded the findings to over 2 dozen defense patent attorneys... and i don't have a mark/alienq attributed.


Fight the record!

[jayeff]

Originally Posted by AlienQ

When people were wondering what the fuck Acacia was, I found out.

If you had actually "found out" who Acacia were, you would know that they don't make their money by winning patent abuse cases, but from the licensing fees they collect from people who don't want to litigate, while they tie others up in court. They made $26 million from their ultimately unsuccessful claims relating to V-Chip technology and - if memory serves - over $500,000 in the 1st quarter of 2004 from licensing streaming video. They have over 100 technology patents they intend to pursue in a like manner.

And enough with the macho crap and silly "rumors". Acacia have taken on corporations like Phillips, Sony and Disney as well as major universities throughout the US: no-one in this business is big enough to scare them.

Scoffing at the people who did fight Acacia is completely inappropriate, because if no-one had stood up to them, by now every site showing videos would be paying them royalties.

[DamageX]

Originally Posted by AlienQ

How many of you people even know I told CE when I was there Acacia was Bogus?
I told Ron L. that my fucken self.
Infact I said it multiple times.

Yes, no one else would've even realized Acacia was bogus, if it hadn't been for you pointing it out.

[AlienQ - BANNED FOR LIFE]

Originally Posted by Squirtit

Acacias' patent is weak... people are finding prior art left and right. Software companies and techs that created this are on our side. Who is Acacia going to have testify on their behalf? Who? I do like the fact that you're thinking outside the box.. this is good!

http://www.gofuckyourself.com/showth...ight=Prior+art

All the way back to 2003.

I can not recall what email address I sent info to.

I recall sending info to the patents relating to MPEG foundation.
It holds several patents that broke holes the claims of acacia as proofs of prior art.

[AlienQ - BANNED FOR LIFE]

Squirtit - funny in that thread about Microsoft.

I was right.

They didnt do shit.
I will tell why just like two years ago I did.

They wont act until money/business comes into play.
And what I said is still holding true.

[AlienQ - BANNED FOR LIFE]

Ghee funny...

During that time of that thread I was actually employ'd by CE.

Is the hit getting harder to choke down FarL?

[FightThisPatent]

Originally Posted by AlienQ

http://www.gofuckyourself.com/showth...ight=Prior+art

All the way back to 2003.

I can not recall what email address I sent info to.

I recall sending info to the patents relating to MPEG foundation.
It holds several patents that broke holes the claims of acacia as proofs of prior art.

ah yes, i remember, and i'll say the same thing as i would have responded to you.. the MPEG patents itself is just one piece of the process.

Acacia claimed:

1) digitizing content (this could be into mpeg format)
2) compression (this could be mpeg)
3) centralized server
4) user selection for download
5) playback

many different technologies are used in the process. MPEG might only account for #1 or #2. prior art needs to address all 5 major points.

so mpeg patents were not prior art, what would have been prior, is the documenation of the following using mpeg as an example, prior to may 1990:

1) content digiitized into mpeg
2) compressed with mpeg codec
3) made available on a BBS or arapanet server
4) user ability to select the file
5) playback software


Amigas had video files and were shared on BBS, which does illustrate the prior art. there are several other ones found by myself, squirit (who you were slamming in the above mentioned URL for wasting his time in the prior art search, Gateway, and others who took up the call to arms.


Fight the Clarifications!

[Pipecrew]

Originally Posted by Far-L

In most cases, those that said they were making donations did not. We got a few big donations, greenguy and jim and gary kremen come to mind, but most of the donations were from small webmasters. The dollar amount did not add up to much but the heart was large and the spirit of those donations was immeasurable to improving morale.

Donations pretty much quit when the issue fell from being topical but at that point we were committed. The bond that has formed between the companies that have fought this together is very strong. These are stand up companies and I would always welcome the opportunity to do business with any one of them. Everyone should especially thank ATK, they were not even getting sued and joined the defense group. Truly heroic.

And of course there are the Ron Levy's of the world that settled and falsely claimed to have donated.

BTW... I heard Acacia is about to raise their license rates...we will be done and over with this soon enough but right now mainstream has been dumped into it and we are working together. Our burn rate is a fraction of what it was as a result. We are two years ahead of everyone so you can imagine what a position that puts us in. Meanwhile... those that licensed will be paying for the next twenty years if we get out on non-infringement.

Damn how pathetic, I bet I can take 3 guesses at the content providers that didnt donate yet "guaranteed" they were giving 10% of content sales.. Just another ploy, so many times this business is not treated like a business.

[FightThisPatent]

Originally Posted by jayeff

Scoffing at the people who did fight Acacia is completely inappropriate, because if no-one had stood up to them, by now every site showing videos would be paying them royalties.

jayeff, can u hit me up in icq? icq: 52741957


Fight the sore throat from scoffing!