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-   -   CECash Settles With Acacia (https://gfy.com/showthread.php?t=149438)

Deepundercover 07-03-2003 12:34 PM

CECash Settles With Acacia
 
From avn.com:

LOS ANGELES - CECash has agreed to a licensing deal with Acacia Media Technologies for a group of streaming media patents Acacia owns but several adult entertainment companies say are either dubious or unenforceable.

CECash was unavailable for comment as of July 2, but Acacia Media Research vice president Ron Berman told AVN Online.com he was more than pleased with the CECash deal, which runs through 2011 and could also mean substantial revenue for Acacia.

"[CECash] is known as a pioneer in the adult entertainment industry and a very shrewd [company]," Berman said. "[They] obviously thought it was in [their] company's best interest to license our technology, and we are hopeful that other companies will follow his lead."

Spike Goldberg of Homegrown Video, who also helped round up a group called Internet Media Protective Association earlier this year to help fight off the Acacia patent claim, said he wasn't going to hold "any animosity" toward anyone who does settle with Acacia, even if his company and those in his group were going to continue challenging the patents.

"Everybody has to make their own decisions," Goldberg said. "I can't speculate on why [CECash] settled, but I can say we aren't settled. Any company that ends up settling with Acacia, it's like a personal choice?If it's something they feel they've got to do, that's something they've got to do. I disagree with these patents, we don't think they're valid, (the CECash deal) doesn't change anything we're doing."

The actual terms of the CECash deal, including royalty schedules and rates, could not be disclosed, because of confidentiality agreements between CECash and Acacia included in the deal. But Berman did say that should the Acacia patents ultimately be ruled invalid or unenforceable, CECash and anyone else signing the licensing deals for the group of streaming media patents that Acacia refers to as Digital Media Technology (DMT) "would be relieved of the royalty payment obligations."

He also said the CECash deal included waivers of previously-claimed infringements, though the confidentiality agreements also kept him from disclosing just what those might have amounted to in CECash's case.

sandman! 07-03-2003 12:39 PM

Damm this is not good :(

JFK 07-03-2003 12:43 PM

No it is not , I hope they dont fold one by one:2 cents:

DarkJedi 07-03-2003 12:43 PM

:eek7

FATPad 07-03-2003 12:45 PM

Quote:

Originally posted by JFK
No it is not , I hope they dont fold one by one:2 cents:
That's what's going to happen, and that's what Acacia wants. :(

I really hope Homegrown intends on sticking it out.

Amputate Your Head 07-03-2003 12:45 PM

ouch.... that's gonna leave a mark.

BradShaw 07-03-2003 12:45 PM

sometimes it is better to sit back and see what happens.

GotGauge 07-03-2003 12:46 PM

Maybe CE is holding out for the last part


"But Berman did say that should the Acacia patents ultimately be ruled invalid or unenforceable, CECash and anyone else signing the licensing deals for the group of streaming media patents that Acacia refers to as Digital Media Technology (DMT) "would be relieved of the royalty payment obligations."

Mutt 07-03-2003 12:47 PM

wierd in that the leader of the fight against Acacia is Homegrown whom are 'partners' with CE.

SleazyDream 07-03-2003 12:51 PM

i just lost a LOT of respect for CE

DrGuile 07-03-2003 12:52 PM

Quote:

Originally posted by SleazyDream
i just lost a LOT of respect for CE

Yeah, that's a real low blow to everyone fighting those frivolous lawsuits

JFK 07-03-2003 12:52 PM

Quote:

Originally posted by GotGauge
Maybe CE is holding out for the last part


"But Berman did say that should the Acacia patents ultimately be ruled invalid or unenforceable, CECash and anyone else signing the licensing deals for the group of streaming media patents that Acacia refers to as Digital Media Technology (DMT) "would be relieved of the royalty payment obligations."

even if it is ruled unenforcable, try and get your money back :2 cents:

Far-L 07-03-2003 12:58 PM

Homegrown is still in the IMPA and the IMPA is still very actively addressing the matter very efficiently.

BradShaw: Unfortunately, in this case, those that sit back and take a "wait and see" approach are going to be the ones who are really hurt in this. Especially the ones who have recieved the infringement letter and did nothing but "wait and see".

If you think that Acacia is not completely aware of who you are and what you are doing then I am pretty sure someone spiked your lobster. But, please excuse me, I don't mean to single you out. There are actually a ton of people that are RIGHT NOW taking the same RISKS with thier livelihood.

Anyone that took the "wait and see" approach is now under notice and if they are doing something that is actually bound by the patent then they are WILLFULLY INFRINGING and the damage penalties are tremendous.

The IMPA is working on handling this the "hands on" approach. If you want more information, then myself, Greg Clayman, or Spike would be happy to answer any questions.

The IMPA has spent the time and money to really find out what is going on. The IMPA is the most prepared organization to address the validity of the patents in a proper, legal, professional context.

Brujah 07-03-2003 01:02 PM

Ouch.

Kimmykim 07-03-2003 01:04 PM

willfully infringing eh?

Far-L 07-03-2003 01:07 PM

Quote:

Originally posted by Mutt
wierd in that the leader of the fight against Acacia is Homegrown whom are 'partners' with CE.
The irony is not lost on any of us but let me make one thing perfectly clear...

HOMEGROWN IS NOT SETTLING.

Every other company is welcome to do what they want to do or see as fit for their business.

BradShaw 07-03-2003 01:08 PM

Far-L, if I made any $, I would be worried. But I am enjoying fishing, not working! It is just too hot to fish today!

Acolyte 07-03-2003 01:09 PM

Quote:

Originally posted by FATPad
That's what's going to happen, and that's what Acacia wants. :(

I really hope Homegrown intends on sticking it out.


I don't belive that Homegrown will EVER give in!

Far-L 07-03-2003 01:14 PM

Quote:

Originally posted by Kimmykim
willfully infringing eh?
Not only willfull infringement, but Acacia could go back to the beginning of the business and collect damages against every dime...

I can only imagine the devastation that could wreck upon a company.

The choices are quite clear...

Pay the license which is a percentage of your GROSS...

Or demonstrate that you are not infringing...

Or invalidate the patents...

All of these choices cost money, and only God and The Devil can tell anyone what will be the least expensive route to take.

I am happy and resolved with our choices in the matter.

boneprone 07-03-2003 01:19 PM

In the Family we call this a "shake down"....

These guys are no different from Vlad and his extortion tactics.

The Truth Hurts 07-03-2003 01:23 PM

Quote:

Originally posted by SleazyDream
i just lost a LOT of respect for CE

You, are an idiot.

John3 07-03-2003 01:24 PM

Quote:

Originally posted by Kimmykim
willfully infringing eh?
:Graucho

Xplicit 07-03-2003 01:27 PM

Damn... what a let down from CE :2 cents:

Kimmykim 07-03-2003 01:30 PM

Good luck to you guys Far-L :)

fantasyman 07-03-2003 01:32 PM

CECash settled with Acacia for good reasons. If the patent is not invalidated, the volume that CE has done in the past would be open to 'patent infringement'. This could mean up to 5% for the past 6 years, this would be a tremendous financial burden, so CECash signed a licensing agreement.

This doesn't mean we don't want to invalidate the patent, it was a business decision.

We will still stand financially behind those who are fighting the patent, which is lot more than we can say for most of the industry that has not been served with a lawsuit.

Like a post by Far-L says above, those who think they're hiding from Acacia should think again. If they are not successful in invalidating these patents, everyone will have to pay for 'patent infringement' going back 6 years and run the chance they may not license you going forward, this is why CECash signed a license, it was business decision.

Acacia holds these patents in 26 countries. So if you think you're not going to be impacted by this, think again. Either way, you should either sign a license or support those litigating the patent or do both. To stand on the sidelines, watching, doing nothing could land you in a world of financial hurt!!

This is all that will be said by CECash on this matter.

nocostporn 07-03-2003 01:34 PM

hmmm

Serious jd 07-03-2003 01:55 PM

someone clue me in.. whats the patent on exactly?

detoxed 07-03-2003 01:57 PM

I wonder if they paid off CE to settle to that other companies would do the same?

sexyclicks 07-03-2003 01:57 PM

Quote:

Originally posted by Serious jd
someone clue me in.. whats the patent on exactly?
transmission of video over the Internet

Far-L 07-03-2003 01:59 PM

Quote:

Originally posted by Serious jd
someone clue me in.. whats the patent on exactly?
http://www.google.com/search?hl=en&i...=Google+Search

HighRez 07-03-2003 02:12 PM

Damn.... it's definitely a terrible situation to be in, I can see why CE took the action they did. If acacia's patent isn't found to be invalid soon, other big companies that have done well in these past 6 years may have to follow...

still pretty unbelievable though..

:ak47: acacia

VideoVoyeur 07-03-2003 02:18 PM

But Berman did say that should the Acacia patents ultimately be ruled invalid or unenforceable, CECash and anyone else signing the licensing deals for the group of streaming media patents that Acacia refers to as Digital Media Technology (DMT) "would be relieved of the royalty payment obligations."


Yea and do they get thier money back too or are those millions swallowed up.

Id be interested in what Microsoft has to say about all of this as Im pretty sure they had streaming video before anyone else.


Im wondering if Microsoft has paid any royal;ties for a license, and if not, then NO ONE else should.


I think CE cash got punked into paying.

twistyneck 07-03-2003 02:20 PM

Quote:

Originally posted by fantasyman
CECash settled with Acacia for good reasons. If the patent is not invalidated, the volume that CE has done in the past would be open to 'patent infringement'. This could mean up to 5% for the past 6 years, this would be a tremendous financial burden, so CECash signed a licensing agreement.

This doesn't mean we don't want to invalidate the patent, it was a business decision.

We will still stand financially behind those who are fighting the patent, which is lot more than we can say for most of the industry that has not been served with a lawsuit.

Like a post by Far-L says above, those who think they're hiding from Acacia should think again. If they are not successful in invalidating these patents, everyone will have to pay for 'patent infringement' going back 6 years and run the chance they may not license you going forward, this is why CECash signed a license, it was business decision.

Acacia holds these patents in 26 countries. So if you think you're not going to be impacted by this, think again. Either way, you should either sign a license or support those litigating the patent or do both. To stand on the sidelines, watching, doing nothing could land you in a world of financial hurt!!

This is all that will be said by CECash on this matter.

I'm glad I don't use any of your programs and I never will. Ever. Congratulations on making the battle that much harder for the rest of us. :321GFY

Kimmykim 07-03-2003 02:44 PM

Did everyone miss the part where Ron said he was still financially supporting IMPA?

Or did I just imagine he said that?

KRL 07-03-2003 02:44 PM

:disgust

Damian_Maxcash 07-03-2003 02:54 PM

What do the big boys have to say about this? (Im talking MS, Quicktime, RM)

Is it that Acacia are not stupid enough to go after them? In which case they must have something to fear.

The Truth Hurts 07-03-2003 02:57 PM

Quote:

Originally posted by twistyneck


I'm glad I don't use any of your programs and I never will. Ever. Congratulations on making the battle that much harder for the rest of us. :321GFY


Yet another fucking idiot.

emmanuelle 07-03-2003 03:12 PM

Quote:

Originally posted by damian2001


Is it that Acacia are not stupid enough to go after them? In which case they must have something to fear.

Or perhaps they are clever enough to set an easy precident. Having those licenses in hand just make subsequent disputes that much easier to win.

Backov 07-03-2003 03:16 PM

The company is entirely lawyers - there's no product, no staff other than the lawyers who make up the board.

Wouldn't it be cheaper just to have them all killed?

twistyneck 07-03-2003 03:18 PM

Quote:

Originally posted by The Truth Hurts



Yet another fucking idiot.

Fuck you.

twistyneck 07-03-2003 03:19 PM

Quote:

Originally posted by Kimmykim
Did everyone miss the part where Ron said he was still financially supporting IMPA?

Or did I just imagine he said that?

He's also financially supporting Acacia. Can't have it both ways.

MetaMan 07-03-2003 03:21 PM

FUCK THESE FUCKERS!
im sending all my cash to a son of a govt member in Poland,
come touch me any of u fuckers muauaha,

FUCK TAXES, FUCK ACACIA FUCK EM!

KRL 07-03-2003 03:23 PM

Quote:

Originally posted by twistyneck


He's also financially supporting Acacia. Can't have it both ways.

Any kind of creative deal could have been consumated. Maybe Ron got some Acacia stock. :Graucho

twistyneck 07-03-2003 03:27 PM

Quote:

Originally posted by KRL


Any kind of creative deal could have been consumated. Maybe Ron got some Acacia stock. :Graucho

Who knows, it doesn't really matter I suppose. He's letting others do the fighting for him in a spectacular dislpay of cowardice. Once Acacia is defeated, he'll be let out of the contract and everyone else will have paid for it. If there is one thing I hate, it's a fucking pussy that turns and runs from trouble like this.

Ludedude 07-03-2003 03:45 PM

Quote:

Originally posted by Backov
The company is entirely lawyers - there's no product, no staff other than the lawyers who make up the board.

Wouldn't it be cheaper just to have them all killed?

Yeah, welcome to the new millenium. The internet boom went bust so now we have a bunch of bullshit companies that don't actually make, create, distribute, sell or even come up with the concept for any product. All they do is sue other people to make their living.

Those guys were almost bankrupt with reported income under $1 million last year...way way down from their peak. Nice job guys, you just made it easier for them to keep fucking the rest of us.

funkmaster 07-03-2003 03:53 PM

Quote:

Originally posted by Kimmykim
Did everyone miss the part where Ron said he was still financially supporting IMPA?

Or did I just imagine he said that?

... if he is smart he has also picked up some ARCACIA shares ... either way, he will be a winner !!

Jason 07-03-2003 04:12 PM

Quote:

Originally posted by twistyneck


Who knows, it doesn't really matter I suppose. He's letting others do the fighting for him in a spectacular dislpay of cowardice. Once Acacia is defeated, he'll be let out of the contract and everyone else will have paid for it. If there is one thing I hate, it's a fucking pussy that turns and runs from trouble like this.

And you are???

Oh Mr. Anonymous.

You keep hiding and slinging bullshit..

** If there is one thing I hate, it's a fucking pussy that turns and runs from trouble like this. **

Running? I call it keeping one step ahead and smart business..

But you seem to know it all. Right?

Mr.Fiction 07-03-2003 04:13 PM

I hope CECash is still going to give money to fight the patent, but they apparently also just gave money and credibility to the people who they say they are going to help fight against.

If Larry Flynt had the same attitude as CE, many on this board would probably be working at McDonalds right now.

funkmaster 07-03-2003 04:16 PM

Quote:

Originally posted by Mr.Fiction


If Larry Flynt had the same attitude as CE, many on this board would probably be working at McDonalds right now.

twatflick .... many here have a part time job at macers !!

Ludedude 07-03-2003 04:17 PM

Quote:

Originally posted by funkmaster


twatflick .... many here have a part time job at macers !!

Do you want fries with that?


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