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Okay, I am officially fucking annoyed.
Apparently just today, Choker woke up and realized that Acacia existed. And he decided to start his OWN anti-acacia group and start taking donations. As he put it, "We need a organized effort to combat this. Not from some site we never heard of that comes on the scene when this Acacia crap started." So by that reasoning, I guess it's BETTER to wait until ten or so months AFTER the Acacia crap started and THEN put together an organization? In that case, let's ALL start up an anti-acacia site! Who knows, this could be the next TGP idea or pop-up console idea! Get in on the ground floor now, before all of the gullible webmasters have already been drained dry with donations! Rake in big $$ and pay yourself rich salaries of $3k per month - more if you want! It's your organization! Never mind that there is already a group in the legal system battling Acacia and that if they win, we ALL win because the patents will be invalidated... ignore all of that! Focus on the money! If you tell the webmasters that you're starting an anti-acacia group, your PayPal will literally EXPLODE within hours! This is better than a chain letter! Less time-consuming than submitting galleries! Safer than email spamming! All it takes is one post on GFY stating that you're starting an anti-acacia group, and YOU'RE IN BUSINESS! http://www.gofuckyourself.com/showthread.p...threadid=189615 :headwall: :rolleyes: :headwall: :rolleyes: :headwall: :rolleyes: |
Carrie, I am surprised you haven't heard yet about MY anti-Acacia organization...
I pledged $10,000,000 to it and cover EVERY Opranaught! and the best part of it all.. I don't need no stinking donations ;-)))) |
Serge while it is in your nature to prove that you don't need anyone's help, it is also *against* your nature not to fleece the ignorant and rid them of every available penny! :P
Don't fight your true self! Take donations! |
I seldom comment on industry related matters here on Oprano. I am a very small fish in this industry, and I know it. I am hear to learn - because of the level at which I operate, I seldom even attempt much networking. I am certainly not out to impress anyone with how well I fit in with the big guys.
Bluntly, as I consider my options in response to the letter I received from Acacia, I have toyed with the idea about getting something going among the folks who operate at my level of the industry. Seeing that Choker has gotten something going, I may have to join his effort. With all due respect to the efforts I have seen so far, I don't completely trust them to protect my interests (any more than they would be likely to trust me to look out for theirs). I don't own a paysite. I don't own a content company. I use galleries and freesites to sell memberships to other people's sites. I generate a small number of sales a month for a number of different sponsors. I am more than sure that most people would laugh at my ROI - as wouild I if it hadn't been showing a slow, steady overall growth. Quote:
Bluntly, all I've read is fingerpointing at programs who have signed, and rah-rah cheerleader Acacia sucks bullshit - some of them well written, others, well, effort and intent counts for something. Last edited by PornoDoggy at Oct 25 2003, 03:36 AM |
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I'll beat GonZo to the draw on this one....
Choker is just looking to collect enough donations to pay someone to babysit his kids in Vegas while he's at Internext. :D |
Most of the guys with the "established" TGPs have other types of sites/business interests on the net and are already well versed in the Acacia issue.
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Howdy, Shemp!
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Drop in more often! |
the Shemp
Posts: 1 Member No.: 1813 Joined: 19-October 03 **************************************** the Shemp, was that $10 mil pledge or anything else which made you become Opranaught TODAY? |
I joined the board a few days ago, i see a LOT of great webmasters here.
ya, 10Mil caught my eye tonite, though :okthumb: |
Welcome to Oprano , Shemp :)
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I won't have it!!! He only took 3 out of 4 pennies from me! ;-)))) Last edited by Nickatilynx at Oct 24 2003, 08:17 PM |
Hey, Nick
Pornodoggy Hell Puppy nice to see you guys |
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Apparently Homegrown filed a countersuit............... I don't know if anyone else has done anything.. Like you, I am small fry, but I have not received any sort of letter (probably didn't sign up with the right sponsors...lol) and I will make what decisions I have to make when I have to make them.... Hope this helps answer at least one of your questions though.... ******************************************* http://www.avn.com/index.php?Primary_Navig...ontent_ID=39505 Acacia Counter-sued For Unfair Trade, Judicial Abuse By: Charles Farrar 09-25-2003 LOS ANGELES - Lashing back at what they call Acacia Media Technologies' "predatory and abusive" tactics in litigating its streaming media patent claims, New Destiny Media/Homegrown Video has filed a counter suit in federal court charging the Newport Beach, California company with unfair trade practices and abuse of the judicial system. “It is unfortunate that Acacia viewed our industry as a mere stepping stone that would fill its coffers," said New Destiny/Homegrown chief Spike Goldberg, announcing the action. "We have said from the beginning that Acacia’s claims were baseless and its tactics improper. That Acacia has resorted to such unlawful tactics makes our point and we look forward to our day in court." The announcement came on behalf of a group of Acacia litigants who decided independently to challenge Acacia's streaming media patent claims. The group includes VS Media, Homegrown Video, TopBucks, GameLink, LightSpeed Entertainment, AEBN, Sunup Media, Webmaster Paradise, Adult Revenue Service, and others. "It's not just for us," Goldberg told AVN.com. "It's for our customers, the people we do business with. And that, at the end of the day, the facts will come out. And, when they do, they'll find that these are invalid claims, and that we're not infringing. Let the court process decide." Acacia vice president and general counsel Rob Berman declined comment when reached by AVN.com. According to the counterclaim filing, a copy of which was obtained by AVN.com, the unfair trade practice charge accuses Acacia of making "knowingly false and/or misleading statements about the systems and methods covered by its patents," and of intent to threaten, harass, "and intimidate" those adult Internet companies it accused of patent infringement or which challenged or discussed challenging Acacia's patent claims. "Relying on (the companies') perceived lack of sophistication in patent matters and perceived lack of financial resources to defend against unfounded patent infringement suits," the counterclaim continued, "Acacia has engaged in a pattern of conduct designed to create an atmosphere of fear so as to force (the companies)…to pay royalties rather than defend against objectively baseless patent infringement suits." The counterclaim also challenges previously published statements attributed to Berman in which he said Acacia spent "an enormous amount of time and money doing due diligence on the patents…hir(ing) professional search firms to perform prior art and literature searches in the U.S., Europe, and Asia." The counterclaim charges Acacia "has steadfastly refused to provide any details" to back those statements, either to its litigants or to the press. The abuse of process allegation, according to the counterclaim filing, charges Acacia with abuse by "instituting and maintaining its objectively baseless patent infringement and business tort claims…to accomplish a purpose for which the legal system is not designed or intended." And, just as Acacia has accused those adult Internet companies resisting and challenging their streaming media patent claims of intent to damage actual and possible business and reputation, the counterclaim likewise accuses Acacia. "The law forbids the use of the judicial system for ulterior motives such as seeking to scare and intimidate hard working people into paying for patent licenses they do not need for technology they do not use," Goldberg said. "Few, if any, companies that put audio or video content on the Internet use the very specific systems and methods claimed by Acacia. Acacia knows it does not own the rights to video-on-demand or audio-on-demand, which is why it has resorted to misusing the judicial system to convince the public that it does." |
Evidentally these guys have never been involved in copyright or patents lawsuits before. They have no idea about the time it takes for these things to even see a court room. The courts are clogged............
They didn't even pay any attention when the sponsors were being sued...... they didn't come to the conclusion that if the sponsors go under..... there would be NO money rolling down the chain. Until they received a letter,,,, ignorance was bliss. :zoinks: Most of the recent letters were not even screened before being sent. The liklihood of many of them even being served is nill. There are just too many, in too many different locations. I think they have to at least find out the proper names and address before they could be served...... and that would be too much work for a small fry. It is all just scare tactics to see how much money they can get in before Nov 30th. I think they have misjudged the industry......... |
Ah ... (smacks himself upside the head with a bag of Gevalia). I knew that.
I agree with Carrie's suggestion that TOO much dilution of effort would be a bad thing. That being said, the "scatter pattern" with which Acacia is shooting at the industry suggest by its very nature that there is more than one set of issues involved. I'm not sure why Choker's efforts inspired comments about $3,000 salaries and the like. I guess I just don't see THIS PARTICULAR possible "diversification" of the fight as a negative. The ones confronting me specifically - the attempt to extort money from me over their claim that a third party is in violation of their contested patents - is completely independent of the validity of the patents themselves, and involves a completely distinct set of legal issues. I ain't no dummy - I don't want to see these patents upheld for the simple reason that money a program sends to Acacia is money that they can't send to someone more deserving - say, ME, in payouts for signups I send. That being said, they are attempting to drag me into a dispute that doesn't directly involve me. It's a different issue entirely. Last edited by PornoDoggy at Oct 25 2003, 03:36 AM |
Was posting this reply to a thread on Acacia at Cozy Frog. Since I took all the time to write this (and get my anger going) - I figured I'd post it around. Nothing like YELLING a bit to get heard.
This looked like the perfect current thread... We have received at least 3 letters over last one - two years with absolute deadlines for threatened litigation from Acacia. In conjunction with receipt of these - so has everyone else (planned campaing). We have also received several obviously expensive (to produced and deliver) mailings - packages in addition to the deadline letters (as has everyone else). Acacia HAS NOT achieved ANY contested victory in court. Any judgements were simply because the defendants did not respond or appear. They do not have the money to file action against all of these people/entities that they are sending mafia style letters and threats to. Their operating cash is hurting, I believe. And their is no way they could make good on all of these threats (pay that legal team) They provide a list of companies that they have issued licenses to. But do we know what kind of "sweetheart deals" these were to add a prominent name to their list for INTIMIDATION purposes? If they had a clear, legitimate claim they would be going straight for the throat of the biggest revenue sources (Mircrosoft, Yahoo, MSNBC, etc, etc). They are simply trying to feed on what they consider the bottom feeders (adult industry, etc) now to finance their bigger targets. This is called selective prosecustion. INTIMIDATION! I want to see ONE "legitimate" judicial judgement in their favor and theN maybe we would consider giving their claim credence. Go after a really big guy and win - your attorneys and experts against theirs. This is purely very irritating intimidation that they should be held liable for. We fully support the group, including Homegrown, SunUp and numerous others. who have filed litigation for "judicial abuse". When you send me 3 letters with deadlines and threats - and then don't follow through - you are playing a fucking game. When you send me a package in the mail that costs at least $8 to $12 to deliver (in bulk) with pages of meaningless full color crap, then you are trying to INTIMIDATE me. Executives of Acacia are making good bucks regardless to try and pull this off. Shareholders are going to lose - opinion here. Sue us - FINALLY! Let's get a REAL judgement under our belts. :barfon: :headwall: :headwall: :headwall: :headwall: |
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Ill just add if he doesnt come up with enough babysitting money that he will not attend, he will accuse you of reverse engineering his scripts, ban you in his tgp/cj trade pool and offer to sue you. As The Shemp sez....CJ sux ASS! Howdy Shemp....now lets see if Michelle can make it over here. Bring on the NEW BLOOD! |
Mornin' all!
PD Sarettah reminded you while I was sleeping about Impa's countersuit. The last I heard on that was that Impa had asked that a term much like "adult pornography" or "adult websites" (it's early and I haven't even gotten through my first Pepsi so my memory hasn't engaged) be removed from Acacia's vocabulary; don't allow them to say it during the proceedings because it would unfairly cause the jury to have prejudices. I agree, the judge didn't. :angry: I've been begging to know what the next court date is but I don't think they actually have another date yet. The comment about $3k is from Brandon's announcement that he is going to pay himself a $3k/month salary from the Fight The Patent Foundation donations. Heya Shemp! Hi MrBone! |
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And one step further...removed your own links off the posts to those associated programs? These guys are funding Acadia to go off and deliver these registered mailings with full colored intimidation pamplettes...it only stands to reason that these signups to these sponsors are funding or has funded them. Screw signing a petition ...you want to make an impact on this? It dont cost nothing...remove the links and stop promoting the sell outs! Step this thru one level further...who do you think is going to be left if you dont??? Sweetheart deal indeed! |
First step in 10 mil Opranmaught Defense fund has been made..
I hired the team of defense lawyers: http://www.wyldesites.com/atlantis/atlantis019.jpg |
Serge I swear to god one day I'm going to come to your house and chain you to your chair until you learn how to resize pictures so they don't stretch the board!
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I swear to god one day when you come to my house and chain me to my chair ....... quick question: does your husband reads this board? I'll continue after you asure me that he doesn't.... ;-))) |
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You and people like you are the absolute backbone of this business. Without affiliates a lot of the Big Boy webmasters/companies wouldnt be making anywhere near what they are. Anyone who is looking out for their interests, had damned sure better be looking out for YOURS. Hustler thought, or tried to make everyone else THINK they were looking out for their affiliates, but i think thats pretty transparent. These people, irregardless of what organization they run/are a part of/want to create had all better take the concerns of the professional affiliate very seriously. Names are flying around, and when the dust settles you will have a large number of webmasters/affiliates saying "I have a good memory, and I don't forgive and forget" These people make their 'Business descisions" but a LOT of people take this very personally, and when the court case is over, theres is gonna be a lot of 'big boys' kissing the collective asses of the small time affiliates to help them move their business. just my thoughts on it spaz |
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I swear to god one day when you come to my house and chain me to my chair ....... quick question: does your husband reads this board? I'll continue after you asure me that he doesn't.... ;-)))[/b][/quote] Serge, by all means continue. Maybe she will get some ideas that she can use here at home! :groucho: :okthumb: |
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with your permission: Carrie, I swear to god one day when you come to my house and chain me to my chair ....... Sue will use her strap on on your ass so I could watch and do nothing, than we chain her to the chair and I'll show you the REAL stretching you should be concerend about instead of the silly pics on the board! Hubby, I hope you found those ideas usefull for home use! ;-))) ..and they are FREE! |
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FTPF is not operational at this point nor has accepted any money from any one. I am burning through my own money to do all of my efforts, and has taken all my available time, that I am not bringing in consulting revenue which is my source of income. Fight the Patent! |
$3000 a month is CHEAP, wait people 'till you start paying lawyers fees for what Brandon can bring for peanuts
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FTPF is not operational at this point nor has accepted any money from any one. I am burning through my own money to do all of my efforts, and has taken all my available time, that I am not bringing in consulting revenue which is my source of income. Fight the Patent![/b][/quote] I was wondering what you were gonna pay yourself FTP, you know, for going through all this, and when i saw the 3K a month I thought "Shit, thats IS a modest salary" I am no millionaire, but I make more then that doing less then you do. No problem with that salary from me man. spaz |
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with your permission: Carrie, I swear to god one day when you come to my house and chain me to my chair ....... Sue will use her strap on on your ass so I could watch and do nothing, than we chain her to the chair and I'll show you the REAL stretching you should be concerend about instead of the silly pics on the board! Hubby, I hope you found those ideas usefull for home use! ;-))) ..and they are FREE![/b][/quote] I that case..... I have a chair, I can get some chains, so now all I need is a strap on and someone else to use it on her. Any volunteers ladies? :awinky: |
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Boy, you two really hold on to something, don't ya? :P You got more material (the Chocolate train, the wigger with no fork knowledge, Choker's kids, etc.) out of that one little gathering than you did from Internext. :agrin: Hi Shemp!! :bwave: |
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Hi Shemp!! :bwave:[/b][/quote] As Ive said earlier to someone else...stop me when Im not telling the truth. BTW...we havent even started on Florida Internext yet...and Hellpuppy is going to Vegas. So sprinkle that on our morning glory and smoke it! |
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I have a chair, I can get some chains, so now all I need is a strap on and someone else to use it on her. Any volunteers ladies? :awinky:[/b][/quote] Hubby, I found somebody to use on her... she'll be the BEST wife man ever had afterwards... http://forum.pacan.net/attachments/yaume.jpg |
If that mutant and his pink anaconda get *anywhere* near me, I've got a Springfield rifle that can take down elephants and I WILL use it!
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I was thinking along the lines of a lady with a strap on, not a guy with a strap big enough to tie a car onto a flat bed. LOL
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What's good for the goose is good for the gander. YOU FIRST. |
I thought I was being chained to the chair??
But if you insist, please go easy on me. :moon: :zoinks: |
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I ain't chicken ;-))) |
There is room for multible orginizations. Paysite owners do not necessarily have the same interests as TGP owners, or as content producers, etc...
I do not see anything wrong with this, especially if the orginzations do work together. A multi-prong strategy could be a good one. There are many ways to hurt a company besided fighting them in court. If Choker or someone else can round up the GFY mob and put them to work, they could do a lot of things. It would be wonderful to see Choker get a group together, and file suit against Acacia in Florida. Make Acacia come out and defend itself.... The reality is, that Choker seems to be kinda egotistical, and hence may be forming a group to feed this ego, and thus nothing much will come about it. |
Carrie, you're famous! You made it to an article on Luke Ford's site:
http://www.setgo.com/article.html?id=8e68c...aba52babfa470bd BTW, Larry has a patent-pending application.. it has not been approved...he just has it filed. And his patent doesn't do any "age verifying" it's more using the E-signatures act to protect webmasters from minors who perjure themselves to lie about their birthdate. Budweiser.com uses a birthdate check ,but Larry has added on the idea of having someone type their name into the signature block.... Fight the Patent! |
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Yup. It's not the first time he's cut and pasted me (without permission, btw), it probably won't be the last. |
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I don't know if he's allowed to do that without the patent actually being granted, but he's doing it. Maybe he's just *really* anxious to get those extra licensing fees rolling in from the people he's supposed to be the white knight for. In the quote above he claims he hasn't sent out letters; Squirtit has posted emails proving the opposite: Quote:
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[quote]Originally posted by Carrie@Oct 26 2003, 10:09 AM
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I also realize that Larry uses the word "age verification", but again, it's not accurate, so rather than perpetuate someone's words that were used incorrectly, I wanted to set the record straight. True age verification requires either a driver's license or SSN. BTW...excellent writeup you did on SightSound and USA Video! Fight the Patent! |
When did Larry Walters apply for patent for his BirthDateVerifier™??
I searched the patent database, and couldn't find anything related to this. I also searched the trademark database, and didn't see an application for BirthDateVerifier either. We used something very similar back in early 1997 on a few of our websites. My attorney put the verbage together for us, and we had both the pull down birthdate fields, and the "digital signature". You can still see it using the "WayBackMachine". I know that we weren't the only ones doing it, I remember a number of sites doing similar things when the first CDA came around. PureEdge Solutions Inc. of Victoria BC also employed a very similar system for it's clients. PureEdge is a leader in Digital Signature systems, and do have patents pending in that area. (My old technical manager, "Glitch", ended up as the VP of Programming for them, so I heard all about it) There has been a lot of talk of "Prior Art" with the Acacia case. There seems to be a lot of Prior Art related to Walters system. |
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Thanks on the compliment on usvo. Just wish SightSound had their site working so I could get more info about them. Then again maybe it's a good sign that it's down, hehe. |
I dunno Danny, maybe we could make a new thread and call him over here to get some more detailed info on it.
That's more Gonzo's forte, though :awinky: Note to someone with the keys to the board: Damn I hate that default smile for the common ascii wink ; + ) It looks more like someone going "pfft" or growling or something. Could we change the default to the "awinky" smiley please? Last edited by Carrie at Oct 26 2003, 05:50 PM |
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2) Great post! keep your website in the wayback machine a secrect... patents can be amended to work around prior art so that it's no longer prior art. Fight the Patent! |
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