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-   -   Acacia Finally Sent Me My Papers (https://gfy.com/showthread.php?t=188803)

Ic3m4nZ 10-22-2003 07:27 PM

This is the lamest thing a sponsor can do give affiliate infos to Acacia..

LFP (Hustler)
Interactive Gallery a subsidiary of New Frontier Media
Cyberotica
Sex Check AVS
Matrix Content
Vivid Entertainment
Wicked Pictures
Platinum Bucks.

Boycott them all :BangBang:

vicki 10-22-2003 07:47 PM

Quote:

Originally posted by Fletch XXX


No way.

Ive had a PO box since before I started in this business and have used that address for ALL my site whois, the ONLY place they got my addy was a sponsors database.

And due to 'whom' it was addressed, it even dates it to a very old account, which would be again pin pointing a very small number of programs (2) so it could be them.

Other than that, there is no place else.


Damn!
where the hell has integrity gone
*one small sigh for me, one giant sigh for webmasterkind*

Platinum Dave 10-22-2003 07:50 PM

Quote:

Originally posted by BradShaw
Anyone turning over info should be boycotted. I can not blame people for giving into Acacia on a business level, but turning over affiliate info is inexcusable.
Brad if someone is actually doing this to purposely hurt other companies they should be shot not just boycotted.

Platinum Bucks would never ever do such a thing.

I am shocked and apauled that this could actually be happening.

Ken 10-22-2003 08:15 PM

Quote:

Originally posted by Ic3m4nZ
This is the lamest thing a sponsor can do give affiliate infos to Acacia..

LFP (Hustler)
Interactive Gallery a subsidiary of New Frontier Media
Cyberotica
Sex Check AVS
Matrix Content
Vivid Entertainment
Wicked Pictures
Platinum Bucks.

Boycott them all :BangBang:

------------------------------------------------------------------

You should probably get your facts straight before implying that all the companies on that list have done anything wrong and asking people to boycott them.

Fletch XXX and Hooper have both stated that they have PROVEN that it was NOT Hustler or Platinum Bucks and we run Vivid's affiliate program as well, so it wasn't them.

I have no idea if a sponsor sold affiliates out, but if they did, I agree with Platinum Dave....they should be shot.

Fletch XXX 10-22-2003 08:18 PM

After Ken reminded me that 'Webquest' ran Flynts sites, it couldnt be them. And Platinum didnt match up in the end either, again clearly why its not fast to jump to a conclusion.For that I apologize to both Hustler and Platinum.

It sucks the way they are USING Larry Flynts name to persue this the way they are.

Really not cool, and I understand its beyond your control but they really are using a very select few names to try and prove that you should pay them.

ANY letter that carries names like LFP, CE Cash, PLatinum, Matrix TCG is pretty big in my opinion.

And to see them using your names (regardless of the business choice of paying them) sucks to be honest.

sheldonjuan 10-22-2003 08:44 PM

you're surprised this happened? This is the porn industry. you cant have your cake and eat it too:2 cents:

Ken 10-22-2003 08:52 PM

Quote:

Originally posted by Fletch XXX
After Ken reminded me that 'Webquest' ran Flynts sites, it couldnt be them. And Platinum didnt match up in the end either, again clearly why its not fast to jump to a conclusion.For that I apologize to both Hustler and Platinum.

It sucks the way they are USING Larry Flynts name to persue this the way they are.

Really not cool, and I understand its beyond your control but they really are using a very select few names to try and prove that you should pay them.

ANY letter that carries names like LFP, CE Cash, PLatinum, Matrix TCG is pretty big in my opinion.

And to see them using your names (regardless of the business choice of paying them) sucks to be honest.

------------------------------------------------------------------------------------

Fletch XXX,

Thanks for the apology man. I appreciate it. I know this whole thing has everyone pissed off and frustrated.

I also wish they would not use our name in their letters. It totally sucks. If I could stop that from happening, I would in a heart beat. VERY frustrating......

Fletch XXX 10-22-2003 08:59 PM

Quote:

Originally posted by Ken

------------------------------------------------------------------------------------

Fletch XXX,

Thanks for the apology man. I appreciate it. I know this whole thing has everyone pissed off and frustrated.

I also wish they would not use our name in their letters. It totally sucks. If I could stop that from happening, I would in a heart beat. VERY frustrating......

I thought CE Cash was fighting this or something?

http://quickstart.clari.net/qs_se/we....RQcX_Da6.html

Abyss_Vee 10-22-2003 09:00 PM

Quote:

Originally posted by Fletch XXX
They are coming after me for having my portfolio!

what a joke.

ill throw this away like the rest of the crap mail.

'You provide access to digital audio/video content via your website without a license'

:orglaugh

i actually threw mine away today

Bladewire 10-22-2003 09:00 PM

Quote:

Originally posted by Ken

------------------------------------------------------------------------------------

Fletch XXX,

Thanks for the apology man. I appreciate it. I know this whole thing has everyone pissed off and frustrated.

I also wish they would not use our name in their letters. It totally sucks. If I could stop that from happening, I would in a heart beat. VERY frustrating......

Ken, with all due respect, it seems something could have been done about them using your name. They don't list every licensee signed.. only you and a few others. Seems like others negotiated to remain anonymous...

FightThisPatent 10-22-2003 09:05 PM

Quote:

Originally posted by Ken

I also wish they would not use our name in their letters. It totally sucks. If I could stop that from happening, I would in a heart beat. VERY frustrating......



or in 3rd Quarter conference calls... parading Hustlers name before the stockholders meeting.

Their CEO was very quick to point out that known companies names could be used in their PR, etc... but with other lesser known companies, the confidentiality of the deal was kept silent.

So Hustler's popularity in mainstream is the reason why they can use Hustler's name, while the other companies aren't listed.


Fight the Patent!

FightThisPatent 10-22-2003 09:06 PM

Quote:

Originally posted by Abyss_Vee


i actually threw mine away today



You should have saved it.. when the patent gets invalidated, it might be worth something on eBay!


Fight the Patent!

SureFire 10-22-2003 09:09 PM

Really don?t like that a sponsor sold their affiliate list. However receiving a letter not documenting anything really doesn?t matter. If your address is wrong, two certified letters come your way another story.

Members of this bb, trying to gain creditability or post counts should be ashamed. Post the sponsor and take the heat but please no excuses.

I don?t think sponsors have to defend themselves on a public bb. Just my opinion and if the TOS changed from a sponsor, it is their responsibility to inform the affiliate.
:)

Fletch XXX 10-22-2003 09:09 PM

Quote:

Originally posted by FightThisPatent




or in 3rd Quarter conference calls... parading Hustlers name before the stockholders meeting.

Their CEO was very quick to point out that known companies names could be used in their PR, etc... but with other lesser known companies, the confidentiality of the deal was kept silent.

Parading the Hustler name in front for more money.


You think Acacia cares about whatever fees Hustler paid? Hell no, they consider it a privilege to be able to use a name like Flynts to increase their dissipating validity.

FightThisPatent 10-22-2003 09:12 PM

Quote:

Originally posted by tootie



There is absolutely NO excuse for giving out affiliates' personal information without a court order.



The tactic of getting the affiliate list might have been an early one that was used, when they didn't understand how affiliate programs worked.

Whoever settled early might have buckled under their legal threats to sue them, to give up the list (and probably kicking and screaming the whole time as they handed it over).

Then, I think Acacia got educated by another licensee and Acacia realized that if the sponsor was going to settle, then it wouldn't make sense to go after affiliates.

So I believe that was what happened given early information from Acacia to how things have played out.

So that early list made it's way to the paralegals who just slapped the address label on to their "last notice" and just mailed it.



Fight the Patent!

Fletch XXX 10-22-2003 09:15 PM

Another thing, they dont just say 'LFP Inc' or 'Platinum eMedia' they make sure to enclose the details of who you are ;)

LFP Inc (The owner of the Hustler Sites)
Platinum eMedia Inc (owner of the Platinum affiliate program)

its not hard to see why ;)

sacX 10-22-2003 09:21 PM

i have a US mailing address for my whois info... for the first time i actually got some mail..

"This auto-email is just to let you know that a package arrived for you today at your U.S. address.

The package is from: Madox (6 Pounds*).."

no idea what it is.. could it be acacia papers? does Madox make sense to anyone?

Nismo 10-22-2003 09:22 PM

damn. im getting nervous and I dont even own any paysites. :(

FightThisPatent 10-22-2003 09:22 PM

Quote:

Originally posted by Fletch XXX

they consider it a privilege to be able to use a name like Flynts to increase their dissipating validity.



In some ways, Acacia knows what its doing.. they already proved how their tactics can work in the V-chip patent.

They understand the value of using a big well-known name to further their efforts.. they know they can use that name in their communications because the company is very visible to the public.

They have calculated all of this, spent more time on executing their plan than researching the validity of their patents.

Look at V-Chip and Berman's comments on D$ Show...someone asked about the V-Chip patent being invalidated, and he gave some smug remark that they had made over $27M on licenses, and didn't consider it to be a failure.

And then today, they announced on their 3Q call, that they want companies who have patents to loan them to them, that they would use their "resources" to get license money and share the bounty with other companies.

Like inventing this Patent-2-Business (P2B) model.

I am sure that Hustler didn't realize the full consequences of their signing, in thinking that it would end their liability... because as you can tell by Ken's posts, I think they understand now, how they have been presented as a trophy win in their favor.



Fight the Patent!

FightThisPatent 10-22-2003 09:24 PM

Quote:

Originally posted by Fletch XXX
LFP Inc (The owner of the Hustler Sites)


its not hard to see why ;)


yup , to the average Joe, LFP don't ring a bell.

Tack on Hustler next to it, then you go.. ah...i have heard of them.



Fight the Patent!

Platinum Dave 10-22-2003 09:25 PM

Quote:

Originally posted by Fletch XXX
Another thing, they dont just say 'LFP Inc' or 'Platinum eMedia' they make sure to enclose the details of who you are ;)

LFP Inc (The owner of the Hustler Sites)
Platinum eMedia Inc (owner of the Platinum affiliate program)

its not hard to see why ;)

Yes we know. We got all the companies that settled before us names on our package.

We asked them to not use our names. But they wouldnt even budge on that.

Ken 10-22-2003 09:31 PM

Quote:

Originally posted by Squirtit


Ken, with all due respect, it seems something could have been done about them using your name. They don't list every licensee signed.. only you and a few others. Seems like others negotiated to remain anonymous...

------------------------------------------------------------------------------

Squirtit,

Trust me...nothing could have been done. They can use everyones name who has settled. There is no legal way to stop them from using our name. We've looked into it. They are simply using the largest names to get the most impact.

theking 10-22-2003 09:35 PM

Quote:

Originally posted by FightThisPatent




You should have saved it.. when the patent gets invalidated, it might be worth something on eBay!


Fight the Patent!

If it has been posted...I have overlooked it...

1. Who specifically is challenging the patent?

2. What law firm is representing them?

3. Is the case currently being presented in Court?

4. If so what court...and what presiding judge?

5. If not when is a court date scheduled...before what court?

theking 10-22-2003 09:42 PM

And question number 6.

Am I assuming correctly that at this point...a patent has been legally granted to Acacia...thus they currently hold what is presumed to be...under law...a legitmate patent?

LadyMischief 10-22-2003 09:43 PM

Quote:

Originally posted by theking
And question number 6.

Am I assuming correctly that at this point...a patent has been legally granted to Acacia...thus they currently hold what is presumed to be...under law...a legitmate patent?

They bought the patent from someone else in order to sue people and profit from it. What rock have you been hiding under that you've missed all the answers to those questions? They've been answered in at least 60 different threads in the last month that I can think of.

Unfortunately for Acacia, more and more prior art is popping up every day, and hopes are that it will render the patent invalid. However, until such a time, people are indeed responsible to acacia for percieved infringements of their patents.

SureFire 10-22-2003 09:45 PM

Hey, mighty flech xxx,

Since you cannot name the sponsor but allude to them. Name them! Or go make up something like I killed a cat.

Once again, a piece of mail is a joke. Have fun thinking you have 30 days to respond.

theking 10-22-2003 09:49 PM

Quote:

Originally posted by LadyMischief


They bought the patent from someone else in order to sue people and profit from it. What rock have you been hiding under that you've missed all the answers to those questions? They've been answered in at least 60 different threads in the last month that I can think of.

Unfortunately for Acacia, more and more prior art is popping up every day, and hopes are that it will render the patent invalid. However, until such a time, people are indeed responsible to acacia for percieved infringements of their patents.

Apparently a big rock.

Feel free to answer the questions.

Quote:

Originally posted by theking


If it has been posted...I have overlooked it...

1. Who specifically is challenging the patent?

2. What law firm is representing them?

3. Is the case currently being presented in Court?

4. If so what court...and what presiding judge?

5. If not when is a court date scheduled...before what court?


LadyMischief 10-22-2003 09:52 PM

Quote:

Originally posted by theking
Well how about you use the search feature and look for yourself? I have not had an acacia package delivered, in fact I am in a country in which their patents are invalid. My interest is with regards to my employer and some others that may have issues with them, pretty much. There are a lot of people who have posted the information you are looking for, however, and it's well worth looking into if you have ANY video, because you may well be next.

Far-L 10-22-2003 09:52 PM

Quote:

Originally posted by theking


If it has been posted...I have overlooked it...

1. Who specifically is challenging the patent?

2. What law firm is representing them?

3. Is the case currently being presented in Court?

4. If so what court...and what presiding judge?

5. If not when is a court date scheduled...before what court?

1. Eleven companies are determined to go to court, and I know others are considering it as well, and after today's statements to their shareholders... I can only imagine how quickly the mainstream is going to take this more seriously...

2. www.fr.com

3. The calendar has yet to be set.

4. In Orange County California, and I cannot remember the Judge's name at this hour of the evening...

5. I think answers three and four answer this question already...

FightThisPatent 10-22-2003 09:53 PM

Quote:

Originally posted by theking


If it has been posted...I have overlooked it...

1. Who specifically is challenging the patent?

2. What law firm is representing them?

3. Is the case currently being presented in Court?

4. If so what court...and what presiding judge?

5. If not when is a court date scheduled...before what court?


1) Listed that Far-L has posted in another thread:

Video Secrets
Homegrown Video
Lightspeed
ARS
Top Bucks
Gamelink
Ademia
AEBN
Audio Communications


2) http://www.fr.com/


3) Waiting on court date


4) in california, I don't know the name


5) 9th circuit (?) Federal court




Fight the Patent!

(we posted at the same time!)

FightThisPatent 10-22-2003 10:02 PM

Quote:

Originally posted by theking
And question number 6.

Am I assuming correctly that at this point...a patent has been legally granted to Acacia...thus they currently hold what is presumed to be...under law...a legitmate patent?


The legitamacy of a patent can only be validated in a court of law.

The USPTO does its best at the time to do research any prior art. The USPTO and Patent Law has its provisions that allow for patents to be invalidated should prior art be found, but usually comes out in a court of law over a patent infringement claim.

To prove to you that just because a patent has been issued, doesn't mean it is the definitive word, On april 9, 2002, the USPTO issued patent #6,368,227 with the title of "Method of swinging on a swing"

The patent is at: http://patft.uspto.gov/netacgi/nph-P...S=PN/6,368,227


A father was trying to teach his son about the patent process and patented the process of swinging sideways on a swing.... the patent got approved. The patent was invalidated once the media got ahold of the story and the USPTO yanked the patent themselves.

There are websites dedicated to silly/absurd patents that were granted.

In looking at the way the patent reads and what Acacia is INTERPRETING the patent to mean, are two entirely different things.

Unfortunately, they can use Patent and Civil law to try to "convince" people that their patent infringement claims are legit.

It is "guilty until proven innocent" in this case.



Fight the Patent!

theking 10-22-2003 10:08 PM

Quote:

Originally posted by FightThisPatent



1) Listed that Far-L has posted in another thread:

Video Secrets
Homegrown Video
Lightspeed
ARS
Top Bucks
Gamelink
Ademia
AEBN
Audio Communications


2) http://www.fr.com/


3) Waiting on court date


4) in california, I don't know the name


5) 9th circuit (?) Federal court




Fight the Patent!

(we posted at the same time!)

Do you know what is the longest period of time that it has taken for a resoultion of a patent case? I do not...but unless I am mistaken one case (I believe it involved Howard Huges and may or may not have been a patent case...though I believe that it was) lasted around 20 years.

LadyMischief 10-22-2003 10:08 PM

Quote:

Originally posted by theking


Do you know what is the longest period of time that it has taken for a resoultion of a patent case? I do not...but unless I am mistaken one case (I believe it involved Howard Huges and may or may not have been a patent case...though I believe that it was) lasted around 20 years.

Unfortunately Acacia wants this done a lot more quickly than that.. their profits depend on it.

FightThisPatent 10-22-2003 10:11 PM

Quote:

Originally posted by theking


Do you know what is the longest period of time that it has taken for a resoultion of a patent case? I do not...but unless I am mistaken one case (I believe it involved Howard Huges and may or may not have been a patent case...though I believe that it was) lasted around 20 years.



I am not familar with the HH story (nor have my Guinness Book of World Records handy), but it could have that twist that after 20 years of battling, he wins the patent case, then the next day, the 20 year patent time limit expired.

SightSound, who has a patent for the selling of digital audio and video clips on a website has been going on for years.


Fight the Patent!

LadyMischief 10-22-2003 10:16 PM

Quote:

Originally posted by theking


Why do you say unfortunately? I would think that the longer a decision on the legitimacy of the patent is postponed the better it is for them...because until a decision on the legitimacy is made they hold a legal patent and companies must comply or apparently pay consequences/be shut down.

Because the longer it takes to invalidate the patent, the more webmasters/companies etc will be strongarmed into signing licenses with them and paying them an arm and a leg. Do you honestly think if the patent is invalidated Acacia will just give all thatmoney back?

theking 10-22-2003 10:17 PM

Quote:

Originally posted by LadyMischief


Unfortunately Acacia wants this done a lot more quickly than that.. their profits depend on it.

Why do you say unfortunately? I would think that the longer a decision on the legitimacy of the patent is postponed the better it is for them...because until a decision on the legitimacy is made they hold a legal patent and companies must comply or apparently pay consequences/be shut down.

FightThisPatent 10-22-2003 10:17 PM

Quote:

Originally posted by theking


I would think that the longer a decision on the legitimacy of the patent is postponed the better it is for them...



Yes, this is true..... Acacia had a nice $27M run until the verdict in the Sony case ended.



Fight the Patent!

BrianOblivion 10-22-2003 10:20 PM

I just wonder how long it will be before someone starts taking sniper shots and Acacia execs??? It can only be a matter of time before they push someone over the edge and they go postal on their ass!



"O"

"Hold on a minute...I'm reloading!"

LadyMischief 10-22-2003 10:21 PM

Quote:

Originally posted by theking


Isn't that what I said? It is to the benefit of Acacia to drag out any challenge to the legitimacy of their patent...is it not?

Edit: Doh I'm tired.. yep

theking 10-22-2003 10:21 PM

Quote:

Originally posted by LadyMischief


Because the longer it takes to invalidate the patent, the more webmasters/companies etc will be strongarmed into signing licenses with them and paying them an arm and a leg. Do you honestly think if the patent is invalidated Acacia will just give all thatmoney back?

Isn't that what I said? It is to the benefit of Acacia to drag out any challenge to the legitimacy of their patent...is it not?


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