[Acacia News] This is f*cked up
 

I've been battling it out with Yahoo posters on the Yahoo board who continue to post their ignorance (and sworn love) for Acacia.

Recent development of news has revealed that HomeGrown Video had a license via Voice Media who was running their program. The Yahooligans jumped in to argue with me that 2 previous AVn articles mentioned this fact (Ira Rothken, attorney for Voice Media was cited for the comments).

Below is my summary post to condense the news:



In both the AVN articles presented, it was Ira Rothken (attorney for Voice Media) that made the statements about HomeGrown having a license.

The patent license is a confidential agreement that HomeGrown has no access to. If Ira said back then they had a license, HomeGrown had no way of knowing or verifying.

It was only recently through discovery in their dispute with Voice Media did it become clear to HomeGrown about what Voice Media had done.

So what Ira said can be taken as speculation, because HomeGrown had no facts. It appears now that HomeGrown has alot of facts about this issue.

What's more interesting is that the patent license should have some auditing/documentation appendix to list out the domains and what revenue comes from each domain, in order to compute licensing fees. If this is true, then HOMEGROWNVIDEO.COM would have a line item with revenue generated from the "use of the patent", with appropriate fees applied.

So Acacia management would HAVE to have known this fact.

So EVEN NOW, that this fact is presented, why is HomeGrown a defendant when it appears they have a license?

My recap:

1) HomeGrown was sued by Acacia

2) About 2 months later, CE Cash/ Voice Media was sued


3) CE Cash / VoiceMedia took a license

4) CE Cash/ Voice Media acquired a license for HomeGrown

5) Recent discovery between conflict of HomeGrown and CE Cash revealed that HomeGrown had a license but never knew about it

6) HomeGrown is STILL the lead defendant in the case for PATENT INFRINGEMENT by Acacia.

Now then, a defendant doesn't have to ASK to be dropped from a lawsuit. If the grounds for the lawsuit are no longer there, the plantiff should be dropping them.

Why is HomeGrown STILL a defendant when Acacia KNEW that they had a license?

My conspiracy theory is that Acacia thought that Homegrown had Weapons of Mass Destruction, and once they found out they didn't, they had to keep going with the story.

So HomeGrown has been spending 6 digit numbers to DEFEND ITSELF in a patent infringement case, where they had a patent license (and didn't know about) and Acacia continues to rack up their legal bills as the lead defendant.


Fight the Words of Mass Documentation!

woops i thought this shit was over with ,



guess not

Acacia = :321GFY

Bastards :321GFY as the stomach turns :Oh crap

:321GFY Acacia

acacia can lick my bals

ofcourse i dont have any feeds on my sites lol

From http://www.FightThePatent.com

30 Second Summary: Acacia

Update: 11-Mar

The outcome (court doc) of the multi-district panel is that all the cable lawsuits are rolled up under Judge Ware in Northern District.

Judge Ware is currently handling the porn/internet defendants in Central District, and it seems up to him about whether he will combine the cases or not since there are many overlaping claims, and the fact that prior art for the internet claims will apply to the cable ones.

Next court date is March 24th, where the judge will probably be exploring the cable and internet cases and decide how to proceed from there.

Now that this stalling action has been resolved, the defendants can push forward and resume their filing for Motion for Summary Judgement.

For those that read the Markman, Judge Ware said TWICE that the defendants should file for Summary Judgement.

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

It turns out that Homegrown Video / New Destiny, who is being sued by Acacia for patent infringement, actually has a patent license (though unbeknowngst to them until recently).

The company that was managing their operations negotiated a license that included HomeGrown Video.

It remains to be seen why Acacia didn't drop HomeGrown from the lawsuit.

Besides not understanding technology and making up interpretations of patent claims, it appears that Acacia has sued a company that has a license.

Ranks right up there with the RIAA suing a dead person.


Fight the lack of an RSS feed!

Best wishes to Homegrown and all those involved in the fight.

I would think that homegrown will be able to argue that they were not aware, and that the license was bought by a third party without their knowledge, and that thier business plan would never have included such a purchase (which explains the lawsuit). Further, neither Acacia nor Homegrown appear to have been aware of the license AS IT APPLIED TO HOMEGROWN. I think that this might have been one of those "cover all our sites" moves that included homegrown only when it was part of the CE programs.

Depending on the structure of the CE/Homegrown deal, CE may not have been in position to take a licensing action without Homegrown's permission.

I am sure this thread will develop nicely now.

Alex

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.....

Damn..I thought those fuckers were broke by now..guess not

WOW... This is fascinating. Thanks Darling.

HAhahahahahah!
Yes let's play stupid now...

Something I think should be pointed out is that CE has no business relationship with homegrownvideo any longer.
So even if CE bought a license to cover all of the web properties they represent, Homegrown leaving that umbrella would void their protection under that deal.
So they're still defendandts.

:2 cents:

Let me know when Acacia is done, so I can get my site back online.

22 acacia avenue

I wish I could comment further but I will have to wait until our lawsuit is resolved. (about 35 days from now!!!)

For the record, it did come as a complete shock that we were licensed without our consent.

Fight the abuse of Homegrown Video's copyrights and trademarks!!!

Fishing for another reason to file somthing else?

lol, best not to comment on things you know nothing about...

Point taken, but the issue here is that HomeGrown is involved in a lawsuit that they shouldn't be a defendant in the beginning.

If things were on the up-and-up, HomeGrown could be added as a NEW defendant to the case when they separated from under "the umbrella".

While the end result as you pointed out, that they would be a defendant, how they get to this point is a serious legal issue.

This might be the way that HomeGrown can reclaim money (and maybe even damages) for being improperly sued.


Fight the Rainy Days!

be nice Far-L, we all comment on things we know nothing about from time to time.

:1orglaugh

Fight the Comments!

All the best Far-L, I know you want this all over with, thank God you have strong products and great success which enables you to handle these extreme defendant costs.

absolutely amazing. Doesn't look good for them. But then again, they could argue that you were under the pretense of having no liscence and still pursue you on ethical grounds. This is North America so they could prolly still win. Sadly.

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...

Thanks Lee!

I think your friends and family need to seriously consider a radical intervention before you do much more damage to yourself... lay offf the crack pipe before you hurt yourself!!!

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

Your a poor business man that got a lucky break.

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.

Another pearl of stupity from AlienQ. Thanks for the laughs, man.

You are correct, it don't.. but that's not why over a dozen top-notch companies are "blowing" the profits from their companies to think their defense will "make them money". Fighting and winning could save money.

Sometimes, you need to take a stand and if you have the bankroll to do so, then you can make a difference. Some companies don't like it when someone tries to ram patent licenses up their a**.

This is probably how you are looking at it:

Think about the margins and play along with your own home version of this game (numbers are guestimated and can be tweaked to your guesses):

- Assume a paysite makes 1M in gross revenue a year

- A paysite pays out about 60% of their gross to affiliates
- Overhead expenses (hosting, b/w, employees, advertising, etc) about 25% of gross

---------------------------
Gross Profit $150,000


- Acacia's 4% licensing on GROSS revenue (1M x 0.02) = $40,000

----------------------------
Net Profit = $110,000



The 4% GROSS turns out to take 26% of Net Profits
(i forgot to factor in taxes as well, but you get the picture).


So that's $40K / year and growing for licensing. After 5 years, total payout would be a minimum of $200,000

So besides the whole "moral" issue of taking a stand, it makes economic sense to fight (as long of course that you win.. and the defendants will win).



Fight the Analysis!

LOLOLOLOLOLOLOLOLOLOLOLOLOL

Hold on....

HHHHHHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHHAAAHAAAAA....

wait, wait, wait

LLOOOLOLOOLOLOLOLHAHAHAHAHAHOOAHAOAHAOAOAOAaaaaa.. ..

That would be sweet if Homegrown not only overturned the patents in court and got reimbursed for their legal fees, but then recovered damages from Acacia.

Oh the poetic justice.

Sorry for giving you a hard time in the previous post... very touchy subject...

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.

How can you see fighthing against a bogus patent that could amount to as much as 40 or 50 percent of lost net profits a "waste of money" ?

You're a tool.

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.

So in the meantime, you just lose half your net profits waiting for the big boys to address this issue in what... 3 years.. 5 years... 10 years? And who's to say they wouldn't just buy the patent and the associated licenses themselves. It's been done before when doing so has worked out to be cheaper than a legal challenge.

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!

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 thought Acacia was busy trying to patent logins and air :glugglug