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-   -   My letter to Acacia (https://gfy.com/showthread.php?t=191739)

Mr. Porno King 10-30-2003 09:56 AM

My letter to Acacia
 
I got this letter in the mail today:

Quote:

ACACIA MEDIA TECHNOLOGIES CORPORATION

FINAL NOTICE FOR INTRODUCTORY ROYALTY RATES AND WAIVER OF PATENT INFRINGEMENT

Dear Mr. Fairthorne:

As you are aware, Acacia has a porfolio of 5 U.S. Patents (Patent Nos. 5,132,002; 5,235,275; 5,550,863; 6,002,720; 6,144,702) and 17 International Patents covering the transmission and receipt of digital audio/video content via the Internet. You provide access to digital audio/video content via your website(s) without a license from Acacia, and are therefore liable to Acacia for patent infringement.

As part of our introductory licensing terms, we have been offering waivers for vertain past infringement, as well as special introductory royalty rates. OUR OFFER TO WAIVE PAST INFRINGEMENT AND LICENSE OUR PATENTS AT OUR EXISTING INTRODUCTORY ROYALTY RATES WILL EXPIRE ON NOVEMBER 30,2003.

[edited for brevity]

If you have any questions regarding the patents, our licensing terms, or need other assistance, please contact us at 949-480-8300 or email us at [email protected].

Sincerely,
Robert A. Berman
Sr. VP Business Development and General Counsel
Man.. I've been threatened with lawsuits so many times that it doesn't freak me out at all anymore. Here is my response:

Quote:

Dear Mr. Berman,

I am the webmaster of several websites which host audio and video including http://www.indydisc.com and http://tallman.org as well as a host of others. I recieved your letter offering a waiver for past patent infringement. While you're offer sounds quite inticing, my current position is that you should get a fucking job.

I'd been transmitting digital audio and video over computer networks for more than 10 years before you filed your first patent, little bitch.

How's about you suck a dick up.

Sincerely,
Rich from Tallman.
Emailed to

[email protected]

and to

Robert A. Berman
500 Newport Center Drive,
7th Floor
Newport Beach, CA 92660

Hahahaha.. good times.

X37375787 10-30-2003 09:59 AM

I bow to your excessive bravery.

Brad-Wishing 10-30-2003 09:59 AM

That will go over well.

Mr. Porno King 10-30-2003 10:06 AM

I'm still laughing my ass off over here. I guess we'll see what happens. I did basically the same thing last time microsoft sent me a C&D. I ended up telling some junior law clerk off, and calling it a day.

KRL 10-30-2003 10:07 AM

Yeh, quite often if you come off as a bit of a psycho, they'll still clear of you.

kenny 10-30-2003 10:09 AM

Good Job I love it:1orglaugh

Shok 10-30-2003 10:12 AM

Include a photo of you eating a turd with crazy eyes and scratching your back with a gun, they love that

AaronM 10-30-2003 10:13 AM

Quote:

Originally posted by Shok
Include a photo of you eating a turd with crazy eyes and scratching your back with a gun, they love that

Sample pic?

doober 10-30-2003 10:14 AM

great letter....

:glugglug

Shok 10-30-2003 10:14 AM

with or without clothes

WiredGuy 10-30-2003 10:14 AM

Let us know their response please :)
WG

basschick 10-30-2003 10:15 AM

interesting :winkwink:

please do keep us posted on their response

Shok 10-30-2003 10:17 AM

also another good pic to include that goes well with the crazy pic, is to possibly get a photo of their home and include that.

$hurik 10-30-2003 10:19 AM

Can he (Mr. Berman) possible sue you for some kinda offense or smth ? You gotta be careful while using offensive expressions in official letter.

Digipimp 10-30-2003 10:20 AM

Really man fuck all that shit, do them one better and just email them or mail them and ask them to tell you what websites you own that transmit audio and or video, or what websites you own at all and see what they have to say to you.

Mr. Porno King 10-30-2003 10:24 AM

Bah. The claim is ludicrous. I transmitted audio and video over phone lines in 1982 with my Commodore C=64 ... that's why I love my C=64.

Is it possible for me to file a patent with an affadavit backdating it before the date of their patents, and invalidating them? Anyone here know legaly stuff?

FightThisPatent 10-30-2003 10:25 AM

Quote:

Originally posted by Mr. Porno King
I'd been transmitting digital audio and video over computer networks for more than 10 years before you filed your first patent, little bitch.

Great... email me: (brandon at FightThePatent.com) and we can chat about your leads and connections... besides having some dusty old computers, you may have some of your "old skool" peers to call on for prior art searching.

Fight the Patent!

FightThisPatent 10-30-2003 10:26 AM

Quote:

Originally posted by Mr. Porno King
Bah. The claim is ludicrous. I transmitted audio and video over phone lines in 1982 with my Commodore C=64 ... that's why I love my C=64.


DIGI files were on C64, i haven't found any yet with a date stamp before 1990.. and according to one person, C64 didn't have datestamps on the files?

Fight the Patent!

crockett 10-30-2003 10:30 AM

I don't think you should have listed you're sites.. They probally didn't know what you had, or aleast there is a good chance of it.. This letter is just a sale pitch leve it as that , you're less likely to be a target that way.

KRL 10-30-2003 10:33 AM

Berman has already publicly acknowledged and stated that Acacia didn't create all of the stuff related to its patents, just that they were the first to do it all unified on the Internet.

Mr. Porno King 10-30-2003 10:37 AM

Quote:

Originally posted by Shok
also another good pic to include that goes well with the crazy pic, is to possibly get a photo of their home and include that.

AHAHAHAHAHa... I love it.

kmanrox 10-30-2003 10:40 AM

someone should get a pic of berman and photchop the hell out of it...

Mr. Porno King 10-30-2003 10:42 AM

Quote:

Originally posted by FightThisPatent



DIGI files were on C64, i haven't found any yet with a date stamp before 1990.. and according to one person, C64 didn't have datestamps on the files?

Fight the Patent!

No, the C=64 didn't datestamp files, but it's common knowledge that samples of audio were transmitted over modems, and in some cases video... albeit, the quality may have been worse (i mean, the machine could only display 16 colors), but I don't think their patents would stand on the grounds of quality, specially since they don't own the patents on the video compression technology.

Evil1 10-30-2003 10:43 AM

"While you're offer sounds quite inticing, my current position is that you should get a fucking job."
Roflmfao... i needed that

brand0n 10-30-2003 10:44 AM

great fuckin letter man

i wonder how many of those they have seen

mrthumbs 10-30-2003 10:49 AM

you people are so mature and able to handle situations like this..

Mr. Porno King 10-30-2003 10:55 AM

newb.

FightThisPatent 10-30-2003 11:14 AM

Quote:

Originally posted by Mr. Porno King


but I don't think their patents would stand on the grounds of quality, specially since they don't own the patents on the video compression technology.



exactly.. hence the need to find prior art like DIGI files that can be documented to have been downloaded prior to 1990.

CDROM that SYSOP might have purchased, or several SYSOP testimony could help set the time frame.

Let me know if you or any of your peers might have had CDROM purchased for use on BBS.

Fight the Patent!

Roger 10-30-2003 11:26 AM

And I'm patenting masturbation

Mr. Porno King 10-30-2003 11:27 AM

Quote:

Originally posted by crockett
I don't think you should have listed you're sites.. They probally didn't know what you had, or aleast there is a good chance of it.. This letter is just a sale pitch leve it as that , you're less likely to be a target that way.
Really, I'm in it for the fight. I'm bored.

Juicy D. Links 10-30-2003 11:28 AM

Quote:

Originally posted by Roger
And I'm patenting masturbation
i guess i must owe you like 3million in fees :Graucho

Mr. Porno King 10-30-2003 12:09 PM

I'm gonna patent eating and see if I can get an injunction against Robert A. Berman for a few months.

Phoenix 10-30-2003 12:14 PM

i feel left out..i dont get any letters

Furious_Male 10-30-2003 12:19 PM

That took some balls offering up your sites. Pretty much the equivalent of challenging them to a fight. I am curious to see how they follow up with that. It sounds like you have been around for a long time. I hope you whip there ass if/when it goes to court.

Mr. Porno King 10-30-2003 12:41 PM

Quote:

Originally posted by FightThisPatent




exactly.. hence the need to find prior art like DIGI files that can be documented to have been downloaded prior to 1990.

CDROM that SYSOP might have purchased, or several SYSOP testimony could help set the time frame.

Let me know if you or any of your peers might have had CDROM purchased for use on BBS.

Fight the Patent!

Oh look! http://www.whisqu.se/per/docs/graphics54.htm

A standard for the "digital transmission of rasterized images".. the latest feature in this version? moving pictures. The date? 1990... Acacia's oldest patent? 1991 as far as I've seen.

FightThisPatent 10-30-2003 12:53 PM

Quote:

Originally posted by Mr. Porno King


Oh look! http://www.whisqu.se/per/docs/graphics54.htm

A standard for the "digital transmission of rasterized images".. the latest feature in this version? moving pictures. The date? 1990... Acacia's oldest patent? 1991 as far as I've seen.



GIF89 could count as prior art, once we find GIF89 files that were video-like, as in using digitized still images in a loop.

Cartoony/animation GIF89 don't count.

Have you looked at this page: http://www.FightThePatent.com/v2/Searching.html


Also... I created an FAQ on Acacia at: http://www.gofuckyourself.com/showth...hreadid=190214


Fight the Patent!

It lists the kinds of files that I am searching for. GIF89 and many other kinds of files are on this page.


Fight the Patent!

RockDaddy 10-30-2003 01:01 PM

Quote:

And I'm patenting masturbation
I patented the female orgasm and after talking to all of your girlfriends, you guys don't owe me anything :(






;)

Fu-Q 10-30-2003 01:11 PM

Quote:

Originally posted by Mr. Porno King
I'm gonna patent eating and see if I can get an injunction against Robert A. Berman for a few months.
why not just go for breathing?

Peaches 10-30-2003 01:13 PM

Great letter, but it probably would go over a little better if you didn't have misspelled words in it. :(

Yes, I know that's anal, but when you're sending a business letter to an attorney, it's not the same as posting on GFY regarding spelling and grammar. :winkwink:

JDog 10-30-2003 01:15 PM

That's fucking great man! I love it! :1orglaugh :1orglaugh

jDoG

Shoehorn! 10-30-2003 01:15 PM

Excellent response.

Jimbo 10-30-2003 01:17 PM

good, I wouldn'T have gave them my URLs tho

Mr.Fiction 10-30-2003 01:19 PM

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

Good job, this industry needs some more people willing to stand up to Acacia.

We always talk about Larry Flynt, but what about Al Goldstein? Flynt is a free speech fighter, Goldstein is just an all around crazy motherfucker!

jayeff 10-30-2003 01:22 PM

Quote:

Originally posted by Mr. Porno King
Hahahaha.. good times.

So now that you have proved to everyone here how macho you are with a BS response to something that didn't even require a response, what next?

If you have pissed Acacia off enough to get an actual demand for payment next, are you going to reply with some more smart ass comments, or deal with it? If you get a court date, are you going to turn up and try to impress the judge with that crap or are you going to say f*ck it and ignore the summons? Either way you end up in the hole.

I wouldn't mind settling this with a baseball bat or whatever, but it's not going to happen that way. Online porn is growing up and you either grow up with it or get left behind. Your choice.

Mr. Porno King 10-30-2003 01:45 PM

I'm not a macho man. They sent me a threat, and I told them to stick it where the sun don't shine. And don't tell me it wasn't a threat that's bullshit. I'm just encouraging people to treat bullshit like bullshit. This is no more valid than the guy who started making legal claims against my band two months ago cause his last name is Tallman. Just another publicity move by another company that is using crafty legal means to put pressure on website owners.

As for court, I already know exactly what will happen there, but I don't expect you to be able to figure it out, newb.

Mr. Porno King 10-30-2003 01:48 PM

Quote:

Originally posted by Peaches
Great letter, but it probably would go over a little better if you didn't have misspelled words in it. :(
Yeah, I'm bad for that... I'll spell correctly if I have to send anything legally binding, or to a judge, or anyone who I respect in a formal setting.

Mr. Porno King 10-30-2003 01:51 PM

Quote:

Originally posted by FightThisPatent
GIF89 could count as prior art, once we find GIF89 files that were video-like, as in using digitized still images in a loop.
What about Amiga MOD and other tracker files? They contained digitized sound samples, and were sent over the internet and BBS's, probably as early as 1986 or 1987.

While they were commonly used to "sequence" music, they also sometimes contained a single audio stream, and were used cause it was a common format that was easy to play with commonly available code.

Authors often included the release date as the name of a sample contained within a mod file.

Centurion 10-30-2003 02:20 PM

Quote:

Originally posted by jayeff



So now that you have proved to everyone here how macho you are with a BS response to something that didn't even require a response, what next?

If you have pissed Acacia off enough to get an actual demand for payment next, are you going to reply with some more smart ass comments, or deal with it? If you get a court date, are you going to turn up and try to impress the judge with that crap or are you going to say f*ck it and ignore the summons? Either way you end up in the hole.

I wouldn't mind settling this with a baseball bat or whatever, but it's not going to happen that way. Online porn is growing up and you either grow up with it or get left behind. Your choice.

Yes..I can see it now...Headquarters calls legal and says to call off all TWENTY FIVE of their attornies who are going after 719 webmasters to concentrate on this one guy who was really rude to them in a letter!!

TRICK OR TREAT!!:1orglaugh

FightThisPatent 10-30-2003 02:29 PM

Quote:

Originally posted by Mr. Porno King


What about Amiga MOD and other tracker files?

MOD files don't count because they are not true digital audio.

They do contain digitized samples, but the construction of the song is based on the triggering of the samples, rather then the complete digitization of a song.

You are thinking on the right track.... check with http://www.FightThePatent.com/v2/Searching.html for kinds of files that would make for good prior art.


Fight the Patent!

Dravyk 10-30-2003 02:29 PM

Shok, you seem overqualified in the crazy pic area ...

Anything you wanna share about your past experiences??? :Graucho


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