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-   -   Acacia - Class action or 'to each their own' (https://gfy.com/showthread.php?t=156445)

MikeEP 07-24-2003 06:43 PM

Acacia - Class action or 'to each their own'
 
Sorry for another Acacia thread, but i'm a little unclear about a few things. I got my packet like everyone else and forwarded it my legal team regardless.

My question is; What is the industry doing as a whole about this? Is there going to be a class action suit to where a few legal firms will handle the majority of the adult companies that got served? Or is this simply, "to each their own?"

I know IMPA was set up to fight them. But how? As an organization representing a class action? If so, doesn't the companies the got served somehow need to register with this class action through IMPA's legal firm?

We're already taken steps and researching for our own well being, and as well, forwarding found information to Spike. But it's this process that i'm still not to clear on.

Is everyone waiting to see what happens when IMPA fights them cause they're fighting them first? Has a court date been set?

My apologies if all this has been addressed already.

KRL 07-24-2003 06:49 PM

http://www.10-7.com/humor/photopages/law%20office.jpg

Swim fast.

nuclei 07-24-2003 06:49 PM

He who fights first will determine the outcome of most of the cases. If Acacia loses and his patents are invalidated, the rest of us have no need to worry about needing to fight as he will have already lost the entire ball of wax in one precedent.

Juicy D. Links 07-24-2003 06:50 PM

Quote:

Originally posted by KRL
http://www.10-7.com/humor/photopages/law%20office.jpg

Swim fast.


:1orglaugh

AcidMax 07-24-2003 06:51 PM

I have read that IMPA is going to allow you to signup soon, but I dont know what the "signup" process consists of. I know they are accepting donations for legal fee's but I would be interested in knowing if these same attorneys are going to handle all the legal fees in a class action type scenario.

Also I have heard two dates. One being the 28th of July for a court date and the other being August 4th.

eroswebmaster 07-24-2003 06:52 PM

Quote:

Originally posted by KRL
http://www.10-7.com/humor/photopages/law%20office.jpg

Swim fast.

At first glance I thought to myself..."he could have found a better pic of a shark than that." LOL

And then I noticed the Law Office sign...classic :thumbsup

MikeEP 07-24-2003 06:57 PM

Quote:

Originally posted by AcidMax
Also I have heard two dates. One being the 28th of July for a court date and the other being August 4th.

Hmm..any idea what city the court case will be held?

Brujah 07-24-2003 09:22 PM

A Big Class Action .. Fuck 'em up.
http://www.bigclassaction.com/index.html

andi_germany 07-25-2003 02:19 AM

What do you want to sue them for?


1. They own a patent. - Undisputable
2. They tell you you are infringing - Thats their right due to 1.
3. You think you are not infringing - Thats your right
4. You tell them that you are not infringing due to the --insert here-- reasons.
5. They either accept those reasons or they don't. In the case they don't they will sue you in court.
6. In court you have the opportunity to argue your case. For now noone has done that yet. They got default judgements agaist a couple of porn companies that mean exactly nothing for further cases due to the fact that the defendants simply didn't show up.


Now where do you think they are doing someing you can sue them for? They have the patent and they enforce it. Nothing wrong with that in general.

I see several problems with their patents however it is not my job to determine what is right or wrong here.

Talk to your lawyer and ask him for advice what to do next.

Mr.Fiction 07-25-2003 02:25 AM

Quote:

Originally posted by andi_germany


Now where do you think they are doing someing you can sue them for? They have the patent and they enforce it. Nothing wrong with that in general.

If you think that claiming you have a valid patent gives you the right to do whatever you want, you are very wrong.

There are many laws that cover how laywers have to act, what contracts are legal, what threats are legal, what claims are legal, and what strategies for enforcement of a patent or trademark are legal.

Contract law alone is a massive industry. Trying to bully people into signing unfair contracts alone could be grounds for action.

You need to talk to a lawyer if you think that it's anything goes once you claim you have a patent.

andi_germany 07-25-2003 02:44 AM

Quote:

Originally posted by Mr.Fiction


If you think that claiming you have a valid patent gives you the right to do whatever you want, you are very wrong.

There are many laws that cover how laywers have to act, what contracts are legal, what threats are legal, what claims are legal, and what strategies for enforcement of a patent or trademark are legal.

Contract law alone is a massive industry. Trying to bully people into signing unfair contracts alone could be grounds for action.

You need to talk to a lawyer if you think that it's anything goes once you claim you have a patent.


They ask for money to licence their patent or they sue you. That's absolutely in their allowed actions. However if you can ever prove that they know that they have a fishy patent and asking the small people without proper legal consultation they probably will have to face serious charges besides the fact that they are bankrupt right away. They are not making money at all. Earnings of US$6000 for the first quarter indicates how many people are paying ;)

I don't think it is smart to pay them a dime because this patent gets invalidated I think and you will loose your money but that is a decision you make entirely for yourself.

Ok I am the lucky guy who always focused on pictures rather than movies. Therefore I never got any notice of them. So this is my opinion based entirely on my view and not on any experiences I have with dealing with them.

Mr.Fiction 07-25-2003 02:51 AM

Quote:

Originally posted by andi_germany

So this is my opinion based entirely on my view and not on any experiences I have with dealing with them.

http://www.gofuckyourself.com/images.../xyxthumbs.gif

On GFY, it's just all of our opinions. For now Acacia hasn't found a way to stop us from speaking our opinions, although they seem to want to try. :)


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