![]() |
I've said before that I think big business is working against Acacia behind the scenes. The attorneys for HomeGrown.. Fish & Richardson just defeated a patent for one of their clients Microsoft. http://www.fr.com/news/articledetail.cfm?articleid=263 I think it would be strange for Microsoft & Homegrown to have the same patent attorneys and not have Microsoft support Homegrown in defeating Acacia .. don't you? Imagine the detailed documentation Microsoft has got to have for video over networks prior art. Don't you think Microsoft would see Acacia as a future threat and help squash it now instead of later? I think so.
More info on cases Fish & Richardson have won: http://www.fr.com/ ( including defeating Phillips multi-billion dollar patent portfolio ) I think we're in safe hands thanks to HomeGrown, their fellow litigants, FTP, and all who have helped search for prior art. |
|
Quote:
Anyone know any other big companies involved here? I know there are more. Last edited by Squirt at Nov 1 2003, 12:47 PM |
Why would it be strange for two companies in different patent cases to both have the same #1 patent firm in the country and not be helping each other?
|
I know the name - they were co-counsel on a case I did some litigation support work a few years back.
The fact that they represent Mircosoft in one issue doesn't necessarily mean that MS is supportive of anti-Acacia litigation, although I cannot see how they would not like to see them crushed like a bug on somebody else's dime. However, any general research on prior art conducted by the firm can be used by the firm however they want. There are restrictions on how work done by others provided to the firm by MS or other outside MS counsel can be used, but even that can sometimes point people in the right direction. |
Quote:
|
Quote:
The bigger question is why would Microsoft NOT help ? |
Quote:
So you see no benefit for M$ to help fight Acacia? Funny how pessimism is such a kneejerk reaction. There are so many benefits to fight Acacia on a business level that it would be stupid not to. Especially when Acacia has a record for going after major corporations on patent infringement and tying them up in litiagation ( 8 years for V-Chip ) M$ is helping to cut Acacia off at the knees before they go after M$ in the future. I can't believe you don't see that. |
I see great benefits in Microsoft helping IMPA, I just don't think that because they both have the same firm handling their cases, that they must be working together.
If it were a smaller, local firm then sure - but we're talking about the #1 patent attorneys in the country. Anyone and everyone with the money to hire them, will. Doesn't mean they're working together. If Brad Shaw and I both hired the same law firm would you assume that we were working together behind the scenes? No... you'd just assume that we both got a good referral for that law firm from someone. I do hope you're right though! |
Quote:
Have no doubt that Microsoft server software, that people pay for, infringes on the Acacia patent accoring to Acacias definition of an infringer. It helps record, store and deliver video over a network. It would be poor business to not help the fight against Acacia at this level.. in order to avoid very costly litigation in the future. BTW.. isn't Acacias biggest selling point that if you pay the nominal fee or percentage, you avoid costly litigation? By lending a helping hand to the defense.. Microsoft is doing just that. How many millions of dollars and resources did Sony lose over that 8 year V-chip battle? Mircrosoft does better business then that! I think Acacias move to go after the little guy was their mistake. By going after us... a case has been opened and other bigger corporations can contribute to their dimise with spending little money. If they would have just went after M$ in the first place.. they wouldn't be in the position they're in now. Last edited by Squirt at Oct 31 2003, 07:50 PM |
Sounds good, but probably wishful thinking.....
I would imangine it is a rather large firm, with many prestigious clients. They are usually very careful with their boundries. |
Quote:
I'm not here to convince everyone of what's going on. I'm just trying to help you see the big picture and put you at ease a little. There is good in this whole Acacia mess and M$ being in the picture is a good thing. Sharpie did you read the other posts in this thread or just mine and responded? My posts are not based on wishful thoughts. Just becaue I have a dancing avatar doesn't mean my posts are flighty and poorly thought out :) Last edited by Squirt at Oct 31 2003, 08:25 PM |
Quote:
I'm not here to convince everyone of what's going on. I'm just trying to help you see the big picture and put you at ease a little. There is good in this whole Acacia mess and M$ being in the picture is a good thing. Sharpie did you read the other posts in this thread or just mine and responded? My posts are not based on wishful thoughts. Just becaue I have a dancing avatar doesn't mean my posts are flighty and poorly thought out :)[/b][/quote] You're trying to convince people things are great because for some reason you think MS is suddenly involved. The reasons you gave for MS being involved could be applied to any company. Realplayer, Apple, CNN, etc. The only difference is you now know that MS uses Fish & Richardson for their patent cases (which is not really any surprise). |
Sorry if I am raining on your parade, but I am not being a pessimist here. Rather, you seem to want someone to blow happy smoke up your ass. I'm speaking from personal experience.
I think statements like "great benefits in Microsoft helping IMPA" are optomistic at this time. I doubt that Acacia is even a bright blip on their "threat radar" right now. If you've got a hostile faction of the Justice Department and a whole bunch of state Attorneys-General on your neck, the pipsqueaks from Acacia don't represent much of a threat. I have no doubt that they are watching it - but based on the legal strategy that Acacia is taking, I think calling them worried is overstating it. The firm I worked for represented dozens of clients in the Fortune 100, often on like lawsuits - but none of them were working together. At one point we were defending more than ten class action suits against three major telecommunications clients on almost identical grounds - and not only were they not working together, there were cases within the firm I worked for that I could not be involved with because of knowledge of another case involving another client. In one case they even asked the client for specific permission to allow me to work on a like lawsuit, and they were turned down due to the types of information I had access to and the level of contact with the client I would have. Quote:
I think that the reasons for Acacia's strategy in this matter may have as much to do with balance sheets as legal policy. By going after smaller entities, and in fact getting some of them to fold in the face of the costs of patent litigation, they hope to see revenue from the patents that I guarantee you they wouldn't see if they took on somebody bigger. |
Quote:
The reasons you gave for MS being involved could be applied to any company. Realplayer, Apple, CNN, etc. The only difference is you now know that MS uses Fish & Richardson for their patent cases (which is not really any surprise).[/b][/quote] My information isn't based solely on the fact that they use the same patent attorneys. There is a lot of public information out there that can bring you to this conclusion and instead of take my word for it, go out and do the research yourself. Obviously spoon feeding you information isn't your up of tea, yet I don't see you posting solutions or original information on this issue. I used the FR press release to help you connect the dots. And you know.. I could just go about everyday life and not spend time on issues that affect us, much less publish on boards what I know. "The only difference is you now know that MS uses Fish & Richardson for their patent cases (which is not really any surprise)." Right.. let me guess... you knew all along and just never said anything? Wow.. you're good! Care to give us some of your knowledge and insight? I have open ears. And these issues don't affect Realplayer, Apple, CNN, etc the same as these companies are not currently with FR and dealing with these patent issues.. M$ is. Do your homework man! |
Wishful thinking...
But... at this point... well... I could not be happier with the way things are going... we count every day as one day closer to Jugement day for Acacia. |
Quote:
You are being a pessimist. Your first comments regarding this were against it... and doubtful whether it's true. Instead of looking at why M$ would be involved. "Rather, you seem to want someone to blow happy smoke up your ass. I'm speaking from personal experience. " What are you talking about? What is your personal experience with me and me wanting you to blow happy smoke up my ass? When someone resorts to personal attacks it's proof they have no argument. Congratulations. "I doubt that Acacia is even a bright blip on their "threat radar" right now." You are wrong. OraclePorn on another board confirmed they are working together.. but I'm sure you don't believe him either. "the pipsqueaks from Acacia don't represent much of a threat" Acacia tied up SONY and others is costly litigation for 8 years over V-chip. You are wrong. Acacia is a threat. "but based on the legal strategy that Acacia is taking, I think calling them worried is overstating it.' Symantics over the word "worried" is a weak argument... how does "concerned" suit you? Like I care. "The firm I worked for.." Right.. past tense.. and what was your postiion? I'm sure not important as here you are posting on adult boards in the middle of the night under the handle PornDoggy. Don't personally attack me and I wont do it to you. I have no respect for people who take personal shots at me like you did. And for what? Bringing news to the board? Your lack of character is painfully evident. |
Quote:
You are saying Microsoft is not involved in any way with your case? Oracle Porn has confirmed this. You are saying it's false? Last edited by Squirt at Oct 31 2003, 09:34 PM |
Oracle porn?
|
Quote:
If people have some information.. they can be put at ease. You know how stressful a lawsuit can be... all these guys are facing this and will cave without something to go on. |
Okay, first of all, I was not attacking you when I said that you were looking for someone to blow happy smoke up you ass.
It was a crude way of saying you are hoping that the fact that the glass isn't quite dry means that it is really full of an unlimited quantity of [insert your beverage here]. To elaborate on/clarify my "personal experience" comment - I meant by that my experience with law firms in general, big ones in particular. I have no experience with you, and I'm not quite sure why you went off in that direction. Second of all, I have read the press release you seem to think suggests that Microsoft is somehow secretly involved in the Acacia matter, and I simply don't see what you do - and while I may WANT to see something like that happen as much as anyone does, I don't think holding my breath and hoping it's true is going to be any more effective than putting on ruby slippers and clicking my heels three times. You are correct - Acacia's patents, left standing, will someday pose a threat to MS. How much MS is actively preparing for meeting that threat is guesswork - just as much on your part as mine. I have no doubt that dozens of parties are watching what is going on here. I used to work for a law firm. I don't do that type of work any more. I'm sure a lot of people "posting on a porn board at midnight" used to do other things. I am reasonably certain that we acted as local counsel for Fish & Richardson on a patent case they were defending in Federal Court in St. Louis; either that, or we were opposing them in a patent matter over some automotive repair equipment. Only worked on four or five patent matters; mostly what I worked on were class action suits against banks, and product liability cases - always on the defense side of the courtroom. As far as what I did for the law firm, I did litigation support for multimillion dollar cases involving product liability cases against manufacturers, a couple of cases involving the banking industry; as I said, a couple of patent cases - and one case involving pig shit (I shit you not). |
Squirt: I totally appreciate the support and kind words.
Please understand that I do not want to give anyone speculations on things that I cannot come forth and publicly stand behind and verify. I am not about to give anyone great expectations or false hopes. People are free to speculate about everything that is going on. If they want to get a solid perspective, then they can call us and they can and should call Acacia. I am not about to say what people can or cannot say on the boards or what way they should run their businesses. I am confident that everything that people need to know will come out in this case and it will then be a matter of public record. I am looking forward to our day in court... I can't wait for the "gag" to come off. If you want to help in the meantime, and I reiterate that your support is immensely appreciated, then please just tell folks to give us a holler if they want to hear about options to settling with Acacia. |
Quote:
I'm not about false hopes either and I know you are limited in what you can say and I look forward to the day when everything comes out. It is extremely unfair that you are in the position you're in. You are in a leadership role in our industry yet you cannot speak out and publicly take that role. And whatever happened to "freedom of speech" ? It really sucks. I relish the day when you can come forward in our community and reap the rewards of your hard work. I'm also looking forward to seeing some heads role for those involved in selling us out. It is so hard to know who to trust. I have no clue. And how is anyone supposed to know who they can partnership with.. who is trusted in this industry? I've worked in many different industries and cannot believe the utter chaos I see here. I want to work with people, grow my business and be successful. I'm dedicated to those I work with and work my tail off. ... but I'm a total loss in this industry. I don't see a starting point. I just see a bunch of pessimists that are out to screw people and running around not knowing what to do. I hope at some point I figure this all out because I'm real confused as things stand now. If anyone has a suggestion on how to be successful in this industry I'm all ears. |
Quote:
Do you know who some of the companies are that settled "quietly" and are not being listed on the Acacia letters? (Not looking for names here, just a yes or no if you can.) Could you tell us the case #s of the Acacia vs. Pornholio and Pornholio vs. Acacia proceedings? The court documents are public documents so that shouldn't cross any gag orders? |
wonderful speculation, and it would be a windfall for the IMPAI for certain. And yes, with the strength of mighty microsoft behind the defence Acacia would be less than a fart in the breeze.
However, IF Microsoft were to try and squash Acacia, one well timed public 'leak' that they thought the patents were invalid, and intended to help 'in any way they could with the search for prior art'. and Acacia would be finished as a publicly traded company. Right now it is becoming more and more apparent that Acacia has a patent that is either invalid or unenforceable. You can tell by the rhetoric spewed from the mouth of Berman. He's got a good anti-perspirant, but it isn't hiding his sweat any more. Microsoft, IMO wouldn't have to spend a dime to nearly cripple Acacia, just say they intended to. Maybe someone can doctor up one of their 'Final Notices' and address it to Bill Gates. He would earn $200,000,000 while he read it, $50,000,000 while he handed it to a lackey, and $1,000,000 while he sat back and chuckled. But at least Acacia would get the attention of the devil and be prepared for the anal stretching that would follow. spaz |
Quote:
spaz |
I'm sure someone at FR has had a quiet word with MS about Acacia and then people at MS have looked at the case and decided that Acaia are no threat.
Why? We are going to blow them out of the water for them. You do not have to be a genius to work out that IMPA are in for the whole ride and that the rest of the porn industry will dig deep to defeat them. We jusy have to be sure that the rats who deserted us and probably handed over our names are brought to justice. Those without the money to defend may get a reprieve, those with the money and not the balls should be dealt with. Those who gave up names should be told in no uncertain terms that they are not to be trusted. Now if you want to hasten the day when Acacia get their justice and have received one of their packages or letters, email me I might have a way of slowing down Acacia. paul at paulmarkham.com |
I love how Berman says in the Xbiz article that anyone sending traffic to a sponsor is covered (there goes the notion of some special deal that Hustler and Vivid supposedly worked out for their affiliates...)
Then... Of course... He doesn't list who exactly those licensees are... Now what on earth would be the motivation and incentive of that? |
I really did not aim to rain on anyones parade..... It just seemed that people were grabbing on the the fact that MS had the same patent attornies. Although the circumstances could bear fruit, it is just speculation, and I would not use that as a basis for any business decision.
I have never been invloved in any patent litagation, but I have been involved in copyright litagition. In the days when CDROM technology was brand new, and much paralled the early days of the Internet, I was sued by Disney & Warner. It is quite scarey when you receive legal mumbo jumbo about a foot thick. They came down on me because I distributed a clip art disc with over 2,200 pieces of clip art in zip files. (I was not the producer, and certainly did not unzip the 2200 files and look at them) There were 7 Disney on them. To the layman, it did not make sense to go after me - but, the law is scarey, and does not have to make sense. I did not have to deal with Warner Bros because the court decision came down in a parody case that covered the 3 pieces of Warner parody that were on the CD. But, Disney was another matter. 3 Attornies, and thousands down the drain, certainly gave me a wakeup call. You have to cross all your t's and dot your i's - and take nothing for granted - just because it makes sense to you. |
Quote:
|
Quote:
So we all sit back and ponder the question without finding answers? People not having answers to questions like this is whats causing stress in our community. Yet when people come up with answers they are critisized. It's a no win situation. You say you want me to refer people to you with questions.. yet you post questions without answers. Answers that I assume you are not going to give on the phone as well. Last edited by Squirt at Nov 1 2003, 11:02 AM |
Quote:
I NEVER said to make business decisions based on M$ and IMPA allegedly working together. I have NEVER given people business advise other than my post where I gave a cut and paste letter for people to send to their sponsors and billing company to get answers. Stangely enough nobody posted responses on any of the boards to that thread. If they were ever taken to court the letter could be used in discovery to find out how Acacia got their personal information. Nobody here responded to that post so obviously it was a waste of time to get anyone to do anything on their own to get answers. However it seems boards are a place to complain, promote and berate. Solid information is scarce and only so much can be said on the boards without opening yourself up to problems, as Far-L knows. So in this thread I gave you info to connect the dots, come to your own conclusions. Do your own research. I thought boards might be a place to make contacts and move to the next level in my business. I thought working hard and showing my dedication to our community and fighting the good fight would show good character.. something that is evidently lacking in our community. Unfortunately it seems the old timers are to jaded and pessimistic.. the younger guys are to driven and egotistical to work with others. So I'll just go back to business as usual. I wanted to work smarter instead of harder (as the old saying goes) Instead I'll go back to doing what I know.. and just do more of the same until I either go out of business or create something on my own that's unique and changes everything. I've spent a lot of time on this issue trying to make a difference and coming to a brick wall every time. My business has suffered and it's time I focus on what I do best and stop looking to others on how to improve. I'll do it myself. It's sucks you were in a lawsuit like that. As most know I just got out of a 9 month lawsuit where my babysitter tried taking custody of my son because I'm Gay and have an adult site. It was very public etc etc etc. I was edged out of my online business in 1995 with my site rentweb.com by the biggest apartment search magazine in the U.S. They sued me to put me out of business ( a common tactic I'm told ) I was making thousands a month and ... well I'm sure you can fill in the blanks. So when Debevoise & Plimpton ( the biggest law firm in NY at the time ) sent me a letter.. I just shut my doors. I was 23 at the time with a two year old son and just a letter was enough to scare me. I let the domain name go and it's been picked up recently by some domain selling company. For some reason it shows a created date of 2001 .. after a name expires and is picked up later.. it gets a new inception date? I sympathize with these guys going through the Acacia thing. Let everyone learn their own lessons. Nothing I am doing here is helping in any way. Good luck to those of you who have gotten letters. I encourage you to find your own answers and take action. Don't sit back in fear and let that fear control you. |
Quote:
So we all sit back and ponder the question without finding answers? People not having answers to questions like this is whats causing stress in our community. Yet when people come up with answers they are critisized. It's a no win situation. You say you want me to refer people to you with questions.. yet you post questions without answers. Answers that I assume you are not going to give on the phone as well.[/b][/quote] Why don't you just tell people to call him like he said? Running around starting rumors about Microsoft helping Homegrown isn't providing answers anyways. |
Quote:
Running around starting rumors about Microsoft helping Homegrown isn't providing answers anyways.[/b][/quote] You know FATpad if you don't verify information yourself it is a rumor. Get off your ass and do some digging and stop bitching. Make some phone calls yourself. Get your own answers. Only so much can be said on the boards. I'm in Australia and have made many calls to the U.S. on these issues.. on my own dime. Make yourself useful and contribute something worthwhile. It's easy to sit on your ass and be cynical... anyone can do that. You're nothing special. You go out and make a difference. I don't see your contributing ANYTHING. Do you do ANYTHING other than criticize and Monday night quarterback? How have you been of any use to the Acacia issue? Please inform me. Who are you that I should believe you when you say I'm not doing any good? |
Quote:
Make some phone calls yourself. Get your own answers. Only so much can be said on the boards. I'm in Australia and have made many calls to the U.S. on these issues.. on my own dime. Make yourself useful and contribute something worthwhile. It's easy to sit on your ass and be cynical... anyone can do that. You're nothing special. You go out and make a difference. I don't see your contributing ANYTHING. Do you do ANYTHING other than criticize and Monday night quarterback? How have you been of any use to the Acacia issue? Please inform me. Who are you that I should believe you when you say I'm not doing any good?[/b][/quote] I called Far-L and Spike. I got answers. I got a few of my friends who don't read the boards a lot and honestly don't pay attention to this type of stuff to donate. *shrugs* So where's my medal? I want one like your's. |
Quote:
I got answers. I got a few of my friends who don't read the boards a lot and honestly don't pay attention to this type of stuff to donate. *shrugs* So where's my medal? I want one like your's.[/b][/quote] "I got a few of my friends who don't read the boards a lot and honestly don't pay attention to this type of stuff to donate. " What are you talking about? Donations? I don't have anything to do with "donations" . Good ... you made a phone call. And you want a medal? You are a piece of work! |
Quote:
What are you talking about? Donations? I don't have anything to do with "donations" . Good ... you made a phone call. And you want a medal? You are a piece of work![/b][/quote] Didn't you just tell me to make my own phone calls and contribute something? If you're out of medals, I'll take a cookie. |
Lee Noga has proclaimed cookies to be "violating". So no cookies for you! :awinky:
Fighting about this isn't going to help, guys. Squirt - You know from talking to me that some people *are* doing research on their own, they're just not talking about it much on the boards. Many of them feel that by doing so, they're making themselves a target. If people close up shop from a letter like you did with Rentweb, then think of it this way - it's less competition for the rest of us. Tough love I know, but business is business. I would like to think that M$ and IMPA are working together. It makes me all shit-grinning happy to even consider it. Letting people know that this might be happening has a dual effect though that you might not have considered... You're assuming it will make the webmasters feel empowered and find the guts to stand up to Acacia and support IMPA. For some, that is the case. For the lazy folks out there though (and believe there are a lot of them), it will signal an "okay" to sit back on their ass and get lazier. After all, if M$ is helping fight things and especially if they're helping fund things, then we've got nothing to worry about and it's all taken care of, right? Trust me, that IS how these folks think. They want everything done FOR them and this looks like the perfect opportunity to be less involved and let M$ handle it. I'm just playing devil's advocate with ya. I can't trust that M$ and IMPA are working together until I see it in actual admission or fact - assumption is a dangerous thing in this business. But I can sure as hell hope. ANY work that you're doing should first and foremost be aimed at helping YOU. If it is, keep doing it. If it's not, *then* you have to make the decision as to how much time you're going to spend on it. But don't expect other people to have the same drive and determination that you do... there is a reason why there are leaders and followers. Not everyone can be Patton. |
Quote:
When I said "Because Microsoft is probably smart and rather then buying out Acacia.. they can contribute to HomeGrown defense, invalidate the patent and rest easy." I didn't mean contribute financially. I'm not an attorney but I think there are laws against that in this situation. Assumption is dangerous.. again.. I URGE people to find answers based on the information I post. Challenge me... prove me right! A frustrating aspect to all of this is the speed at which people negate possible validity.. without any facts of their own. Some people assume I'm wrong without getting the facts, the same as others assume I'm right without getting the facts. You can lead a horse to water but you can't make it drink! People need to take action. Simple as that. If they don't.. more money for those of us who do. I am too compationate at times. I don't like to see people suffer and often try bringing people up.... instead of them bringing themselves up. I guess in the end you just end up getting dragged down with them? Last edited by Squirt at Nov 1 2003, 01:03 PM |
Message to Squirt,
Hi there Bro. I wanted to address an earlier post of yours which I was just now fortunate enough to read and give you a little feedback, this is not an attack on you so please read the entire thing, I suspect it will be long (go figure) Quote:
Quote:
I can't talk for everyone here, I can't speak for another webmasters opinion of you, but I can tell you I strongly suspect that a lot of people here respect what we KNOW you have done in the fight against Acacia. And as difficult as it is to try and approach the subject unemotionally, thats exactly what we have to strive for. In the land of high priced lawyers, big time players, and fuck nuts know nothings with a patent portfolio, emotions are nothing but a weakness. I respect what you do and the view you bring to this entire discussion, not to mention the work you have obviously put in for the greater good. But people will voice their opinions, and just like your views/work should be respect, so should theirs. When someone says something, or maybe misinterprets your meaning, don't take it personally. I doudt it is/was meant that way. just my opinion Bro spaz |
"Yeah so I kicked and screamed a bit.. I'll get over it. "
I love it!!!!!!! I do that often.... I think we all appreciate the posts you made, at a crucial time when so many were not aware of what was going on. You helped create awareness - at a time when it was necessary! I commend the time you spent trying to educate people. |
| All times are GMT -4. The time now is 08:36 AM.. |
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2026, Jelsoft Enterprises Ltd.
Copyright Evil Empire Inc. 2006-2022