Lurking and the Acacia "problem"

SolarGodPower · 10-21-2003

This post is for the lurkers who might feel intimidated by all of the noise, dust and confusion related to the pending Acacia showdown. Especially for those who, like myself, received the LAST NOTICE letter from Acacia in mid-October, offering a sweetheart deal should you decide to "settle" with them before November 30 (so you can celebrate your holidays with peace of mind, etc.)

Lately I've done a lot of research, made a shitload of phone calls, talked to lots of big players in the biz that are also friends, and generally abandoned the normal operation of my sites to focus on this one fucking issue so I could start taking some action -- instead of just checking all the boards everyday, with crossed-fingers, hoping to read that, finally, the case had been thrown out by the courts -- letting me get back to my day to day life, putting the worry behind me.

That later scenario doesn't seem to be coming anytime soon. And in the interim there are still those people like Farrell from Homegrown, the folks with IMPA and Brandon from Fight the Patent who are putting their asses on the line, going public, spending their time and money, shifting their focus from THEIR business (i.e. THEIR livelihood) and families, in an effort to get the neighborhood bully out of our turf, so everyone can go back to playing in their sandbox and having a good time manipulating porn pixels.

I think the consensus mindset in our industry has been (and I'm guilty of this too -- or was) that the "big players" are going to take this fight on while the smaller players (that would be most of you -- and me -- reading this post) sit back and wait. Well, what I've found out over the last couple of weeks (and I'm not talking about the Hustler and Vivids out there, who weren't even that vested to this medium i.e. the internet) is that those big players AREN'T taking on the fight. Every one of them that I contacted have (quietly) signed the licensing contracts with Acacia -- essentially building Acacia's war chest to go after folks like you and me. Will they come after us? Is it all a big bluff? Will it all fall apart down the pike? Who knows?...call Miss Cleo!

So, what can we REALLY do, instead of just reading the various posts here everyday? It depends on how "out" you wanna get. If you are completely committed to staying under a rock, and I can totally understand why, one of the easiest, silent, pro-active things you can do is support Homegrown. As Malakajoe wrote not too long ago over on GFY's board:

I keep hearing people say they will boycott companies who sign deals with Acacia. I won't go into that whole thing...but if you agree with HomeGrown's stance, and realize they are the biggest fighters against Acacia (not the only, but the biggest)...why not promote the shit out of HomeGrown and help them in that way? If you can't donate, promote!! Show your appreciation and support by doing that.

This is a perfect indirect strategy. If you can't do anything else, then do that. Repeat: IF YOU CAN'T DONATE, PROMOTE! Do it now, signup for Homegrown's reseller program -- or fuck the reseller thing and just put up one of their direct links and banners.

Some of us CAN donate (I just pledged $1000.00 bucks to Brandon's Fight The Patent) and I'm still trying to decide what I'm going to do with the monies I've started to earmark for Acacia -- give it to my attorney? or start monthly infusions to the Homegrown defense fund? or pay the goddamned lisc. (rape) fee? I'm weighing all of that still. But I did pledge, and I did front-page a Homegrown banner -- and you can do that too. Even if it's only a 25.00 buck pledge, that's what?, a supply of lube for month? And you won't even be called on for it until Brandon meets his goal, so you've got some time to budget, right?

Speaking of Brandon, I spoke with him for over an hour today, and was floored by his savvy and forward-looking stance. The guy has got it going on! I was impressed. If we think Acacia is the only bully that's going to have tromped through our park with a big cudgel, we're DELUDED, majorily fucking deluded. The facts are all out there -- read the data on Fight The Patent's website , there are bigger, meaner, openly ANTI-PORN patent holders just waiting to come in swinging. So FIGHT THE FUCKING PATENT. Go over and fucking pledge. Think of it as purchasing insurance -- that's a simple enough analogy to grock.

Need to distinguish Homegrown's defense fund (and how to help with it) and their aims, Stop the Patent and their drive and IMPA and what they are about? Brandon clarified it perfectly in this post.

Rock on!

sarettah · 10-21-2003

Just giving this a bump because I think it deserves it......

spazlabz · 10-21-2003

and another bump, the issue isn't going to go away easily, and neither should the threads.

spaz

FightThePatent · 10-21-2003

For those that have affiliate programs or content producers that have webmaster email lists, you can help to spread the word.

If you could send the message below to your email list, maybe more webmasters will come forward to pledge and to take a stand.

So many people have settled, more than you realize... For those that did settle, i ask you to consider making "anonymous" or private pledges.

Acacia is just one company, there are many more patent abuse cases coming.

Thanks in advance to those who forward this message on to their email list:

------------------- cut here ----------------------------------

For those that haven't been following the threads and news about Acacia, let me briefly bring you up to speed:

Acacia Research (http://www.acaciatechnologies.com) has some patents (http://www.acaciatechnologies.com/patents.htm) that claim essentially to owning the process of downloading audio or video files from a web server.

They sent out "information packets" to many companies, some adult, some to schools and universities.

They are demanding license fees (http://www.acaciatechnologies.com/te...t_adultent.htm) for payment of using their "patent".

Some adult websites have licensed their patent (see Press Releases at http://www.acaciatechnologies.com) while others have joined together to form the IMPA (http://www.impai.org) and to also become defendants in litigation.

FightThePatent.com (http://www.FightThePatent.com) was formed on August 12th as a one-man crusade to bring awareness to these issues and to assist the defendants to find prior art (with no compensation).

Many webmasters jumped into the search for prior art, using this page http://www.FightThePatent.com/v2/Searching.html to help find stuff to look for, and http://www.FightThePatent.com/v2/Squirt.html to see what prior art examples were posted.

FightThePatent.com has now broadened its scope to propose the start of Fight the Patent Foundation ("FTPF")(http://www.FightThePatent.com/go) to help fight against patent abuse.

Learn more about the issues and make your pledge to stop patent abuse cases like Acacia by going to http://www.FightThePatent.com/go

------------------------------ end --------------------------------------

Carrie · 10-21-2003

Acacia keeps touting the big names that have signed with them, but where can we get the FULL list of the companies that have signed - quietly or not?

Many people don't want to support Homegrown because it's so integrated with CECash, who signed on with Acacia. I understand why CE did it - to cover their asses in both directions, of course, but many people don't see it that way.

Solar you said that it doesn't look like the big guys will be helping anytime soon... from where I'm standing it doesn't look like *anything* is going to be done on this anytime soon. There hasn't even been a court date set where the prior art that *has* been found can be presented and the patent can hopefully be invalidated.
This whole thing is like a big nuclear bomb hovering over us with a constant threat of exploding, but no one can get the plane fueled to go up and disarm the thing.

Last edited by Carrie at Oct 21 2003, 10:29 AM

FightThePatent · 10-21-2003

Quote:

Originally posted by Carrie@Oct 21 2003, 07:29 AM
Acacia keeps touting the big names that have signed with them, but where can we get the FULL list of the companies that have signed - quietly or not?

If I listed the names of those that told me confidence, I would be ruining the trust.

Yes, webmasters have talked to me to tell me that they have signed. They had no choice in their mind, given their financial situations. I don't look down on those that can't fight, only ones that could.

The court dates have been pushed off due to the way the legal system handles scheduling.

Delaying is in Acacia's best interest, because my conspiracy theory is that they know the patent is bogus, but what they learned from V-chip..is rake in $27M in licenses before the patent gets invalidated.

Let's see..round 2, they are doing the same strategy... so rake in webmasters by giving sweetheart deals....afterall, YOU DON'T GET YOUR MONEY BACK FROM A LICENSE WHEN THE PATENT GETS INVALIDATED.

There are 7+ defendants JUST WAITING to ge their chance at bat.

We continue to search for prior art for not just Acacia case, but for the 4 OTHER patent cases that could come next. And this is just in the audio/video realm.. there are many other patent abuse cases going on.. ask Microsoft, they seem to be large target these days.

What can be released is the names of the companies that have signed that Acacia likes to brag about.. check out http://www.acaciatechnologies.com

Fight the Patent!

Carrie · 10-21-2003

Quote:

Originally posted by FightThePatent@Oct 21 2003, 10:53 AM
The court dates have been pushed off due to the way the legal system handles scheduling.

Delaying is in Acacia's best interest,

Kinda makes you wonder if the court clerk doing the scheduling has an "interest" in Acacia stock.

FightThePatent · 10-21-2003

Quote:

Originally posted by Carrie@Oct 21 2003, 08:22 AM
Kinda makes you wonder if the court clerk doing the scheduling has an "interest" in Acacia stock.

Kinda makes you wonder which players that settled also bought the stock.

Fight the Patent!

PornoDoggy · 10-21-2003

Uhhh ... no offense folks, but this matter will not likely be resolved for a number of years.

Far-L · 10-21-2003

Quote:

Originally posted by Carrie@Oct 21 2003, 07:29 AM
Acacia keeps touting the big names that have signed with them, but where can we get the FULL list of the companies that have signed - quietly or not?

Many people don't want to support Homegrown because it's so integrated with CECash, who signed on with Acacia. I understand why CE did it - to cover their asses in both directions, of course, but many people don't see it that way.

Solar you said that it doesn't look like the big guys will be helping anytime soon... from where I'm standing it doesn't look like *anything* is going to be done on this anytime soon. There hasn't even been a court date set where the prior art that *has* been found can be presented and the patent can hopefully be invalidated.
This whole thing is like a big nuclear bomb hovering over us with a constant threat of exploding, but no one can get the plane fueled to go up and disarm the thing.

Can't blame you for that sentiment about using HG Cash... but I can say that CE is not part of Homegrown Content...

Also... supporting any of the other defendant companies is a huge help...

AEBN
Video Secrets
ARS
Top Bucks
Lightspeed
Audio Communications
Ademia

All of us apreciate any support the community is willing to give!

BradShaw · 10-21-2003

Anyone ever think that a several big guys love this and may actually be supporting acacia? They love to see anyone squeezed out of the business.

nlphoto · 10-21-2003

Quote:

Originally posted by BradShaw@Oct 21 2003, 12:35 PM
Anyone ever think that a several big guys love this and may actually be supporting acacia? They love to see anyone squeezed out of the business.

I've thought this as well...

Perfect strategy... write it off as an additional business expense,
since your size allows you the cash flow to do that; and then let
Acacia weed out your smaller competition for you...

Last edited by nlphoto at Oct 21 2003, 01:03 PM

FightThePatent · 10-21-2003

Quote:

Originally posted by BradShaw@Oct 21 2003, 12:35 PM
Anyone ever think that a several big guys love this and may actually be supporting acacia? They love to see anyone squeezed out of the business.

Yup, I also think that some will not be happy to see efforts like the defendants defeat Acacia in court, IMPA's efforts, and Fight the Patent Foundation efforts......especially if they plan on starting their own business plan of using patents as a revenue source...

Fight the Patent!

10-22-2003

fuck Acacia!

10-21-2003	#2
sarettah Stay Out Of The Box Want to see your own Advertising Here! Join Date: Oct 2002 Location: Lost in the ozone Posts: 10,318	Just giving this a bump because I think it deserves it...... __________________ Free Adult Webcams

10-21-2003	#3
spazlabz Payserve SUX Join Date: May 2003 Posts: 1,988	and another bump, the issue isn't going to go away easily, and neither should the threads. spaz __________________ Kenny's Pennies awesome fetish content that actually sells!

10-21-2003	#4
FightThePatent Members Join Date: Oct 2003 Posts: 303	For those that have affiliate programs or content producers that have webmaster email lists, you can help to spread the word. If you could send the message below to your email list, maybe more webmasters will come forward to pledge and to take a stand. So many people have settled, more than you realize... For those that did settle, i ask you to consider making "anonymous" or private pledges. Acacia is just one company, there are many more patent abuse cases coming. Thanks in advance to those who forward this message on to their email list: ------------------- cut here ---------------------------------- For those that haven't been following the threads and news about Acacia, let me briefly bring you up to speed: Acacia Research (http://www.acaciatechnologies.com) has some patents (http://www.acaciatechnologies.com/patents.htm) that claim essentially to owning the process of downloading audio or video files from a web server. They sent out "information packets" to many companies, some adult, some to schools and universities. They are demanding license fees (http://www.acaciatechnologies.com/te...t_adultent.htm) for payment of using their "patent". Some adult websites have licensed their patent (see Press Releases at http://www.acaciatechnologies.com) while others have joined together to form the IMPA (http://www.impai.org) and to also become defendants in litigation. FightThePatent.com (http://www.FightThePatent.com) was formed on August 12th as a one-man crusade to bring awareness to these issues and to assist the defendants to find prior art (with no compensation). Many webmasters jumped into the search for prior art, using this page http://www.FightThePatent.com/v2/Searching.html to help find stuff to look for, and http://www.FightThePatent.com/v2/Squirt.html to see what prior art examples were posted. FightThePatent.com has now broadened its scope to propose the start of Fight the Patent Foundation ("FTPF")(http://www.FightThePatent.com/go) to help fight against patent abuse. Learn more about the issues and make your pledge to stop patent abuse cases like Acacia by going to http://www.FightThePatent.com/go ------------------------------ end -------------------------------------- __________________ Learn more about Acacia and other patent abuse cases at: http://www.FightThePatent.com \| find the goldmines of traffic

10-21-2003	#5
Carrie Eternal Newbie Respin bullshit press Your Comments Are Welcomed Join Date: Oct 2002 Location: Inside your monitor Posts: 2,850	Acacia keeps touting the big names that have signed with them, but where can we get the FULL list of the companies that have signed - quietly or not? Many people don't want to support Homegrown because it's so integrated with CECash, who signed on with Acacia. I understand why CE did it - to cover their asses in both directions, of course, but many people don't see it that way. Solar you said that it doesn't look like the big guys will be helping anytime soon... from where I'm standing it doesn't look like anything is going to be done on this anytime soon. There hasn't even been a court date set where the prior art that has been found can be presented and the patent can hopefully be invalidated. This whole thing is like a big nuclear bomb hovering over us with a constant threat of exploding, but no one can get the plane fueled to go up and disarm the thing. Last edited by Carrie at Oct 21 2003, 10:29 AM __________________ Need a kick-ass design done quickly? I recommend Sex Creator - they absolutely ROCK.

10-21-2003	#9
PornoDoggy Cramming 3 people in a Room to Attend Show Want to see your own Advertising Here! Join Date: Oct 2002 Location: Amid the Cornfields of Illinois Posts: 5,366	Uhhh ... no offense folks, but this matter will not likely be resolved for a number of years. __________________ SEX STORY TEXT Exotic Material for Adult Websites Available for part time (project or ongoing) work ...

10-21-2003	#1
SolarGodPower Members I'm new! Join Date: Oct 2003 Posts: 2	This post is for the lurkers who might feel intimidated by all of the noise, dust and confusion related to the pending Acacia showdown. Especially for those who, like myself, received the LAST NOTICE letter from Acacia in mid-October, offering a sweetheart deal should you decide to "settle" with them before November 30 (so you can celebrate your holidays with peace of mind, etc.) Lately I've done a lot of research, made a shitload of phone calls, talked to lots of big players in the biz that are also friends, and generally abandoned the normal operation of my sites to focus on this one fucking issue so I could start taking some action -- instead of just checking all the boards everyday, with crossed-fingers, hoping to read that, finally, the case had been thrown out by the courts -- letting me get back to my day to day life, putting the worry behind me. That later scenario doesn't seem to be coming anytime soon. And in the interim there are still those people like Farrell from Homegrown, the folks with IMPA and Brandon from Fight the Patent who are putting their asses on the line, going public, spending their time and money, shifting their focus from THEIR business (i.e. THEIR livelihood) and families, in an effort to get the neighborhood bully out of our turf, so everyone can go back to playing in their sandbox and having a good time manipulating porn pixels. I think the consensus mindset in our industry has been (and I'm guilty of this too -- or was) that the "big players" are going to take this fight on while the smaller players (that would be most of you -- and me -- reading this post) sit back and wait. Well, what I've found out over the last couple of weeks (and I'm not talking about the Hustler and Vivids out there, who weren't even that vested to this medium i.e. the internet) is that those big players AREN'T taking on the fight. Every one of them that I contacted have (quietly) signed the licensing contracts with Acacia -- essentially building Acacia's war chest to go after folks like you and me. Will they come after us? Is it all a big bluff? Will it all fall apart down the pike? Who knows?...call Miss Cleo! So, what can we REALLY do, instead of just reading the various posts here everyday? It depends on how "out" you wanna get. If you are completely committed to staying under a rock, and I can totally understand why, one of the easiest, silent, pro-active things you can do is support Homegrown. As Malakajoe wrote not too long ago over on GFY's board: I keep hearing people say they will boycott companies who sign deals with Acacia. I won't go into that whole thing...but if you agree with HomeGrown's stance, and realize they are the biggest fighters against Acacia (not the only, but the biggest)...why not promote the shit out of HomeGrown and help them in that way? If you can't donate, promote!! Show your appreciation and support by doing that. This is a perfect indirect strategy. If you can't do anything else, then do that. Repeat: IF YOU CAN'T DONATE, PROMOTE! Do it now, signup for Homegrown's reseller program -- or fuck the reseller thing and just put up one of their direct links and banners. Some of us CAN donate (I just pledged $1000.00 bucks to Brandon's Fight The Patent) and I'm still trying to decide what I'm going to do with the monies I've started to earmark for Acacia -- give it to my attorney? or start monthly infusions to the Homegrown defense fund? or pay the goddamned lisc. (rape) fee? I'm weighing all of that still. But I did pledge, and I did front-page a Homegrown banner -- and you can do that too. Even if it's only a 25.00 buck pledge, that's what?, a supply of lube for month? And you won't even be called on for it until Brandon meets his goal, so you've got some time to budget, right? Speaking of Brandon, I spoke with him for over an hour today, and was floored by his savvy and forward-looking stance. The guy has got it going on! I was impressed. If we think Acacia is the only bully that's going to have tromped through our park with a big cudgel, we're DELUDED, majorily fucking deluded. The facts are all out there -- read the data on Fight The Patent's website , there are bigger, meaner, openly ANTI-PORN patent holders just waiting to come in swinging. So FIGHT THE FUCKING PATENT. Go over and fucking pledge. Think of it as purchasing insurance -- that's a simple enough analogy to grock. Need to distinguish Homegrown's defense fund (and how to help with it) and their aims, Stop the Patent and their drive and IMPA and what they are about? Brandon clarified it perfectly in this post. Rock on!

10-21-2003	#11
BradShaw Members Join Date: Jun 2003 Posts: 1,216	Anyone ever think that a several big guys love this and may actually be supporting acacia? They love to see anyone squeezed out of the business. __________________ please report me to the IRS and get reward

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