Ofcourse chances of that holding up in court are pretty much non-existent, if you have a half-decent lawyer. What they are trying to do is much like suing the yellow pages because they list companies that sell pay per view.

Although it has no chance of holding up in court, and they know it themselves, it serves two purposes: 1) people who get sued will be tempted to settle and 2) people who haven't been sued yet will be scared into signing.

Even if their patent would hold up in court (unlikely), this "infringement by association" will not.

Registered letter handed to me in person.

For Eros



pretty sure it means served by a baliff of sorts

Do you own stock in Acacia?

Just because they say that it's violating their patent, that doesn't mean that it is. Acacia says a lot of bullshit.

Acacia is just making desperate claims to try to scare people. Let them take that to court and see how far it gets.

Even if their patent wasn't going to be overturned, which it will be, they are not going to win a case where someone just links to another site.

Don't settle with them, fight!

Yeah, I agree.... I'm not saying they will get away with it, I'm just explaining their intentions, or, how I understand them.

Although, I really don't think they expect any court cases to be won in this kind of situation.... I think what they expect is that if even just 1% or 2% of all the sites they server roll over and just pay out of fear or intimidation.... then it's worth it for them. All they want right now is "more names on their list"

They want to rack up as many paying companies/people as possible to build a stronger case for themselves.

And if some young person trying to build a business for themself gets a letter and gets scared and doesn't have the resources to fight it.... they might just be the next name on Acacia's list.

What state - Fed District court did they file on you in?

Dude jump off my cock.

He's been vague and I just wanted clarification:





3 different answers...I just wanted clarification...thank you.

Uhmm... I didn't say if it was a guaranteed win for them or anything. I'm just explaining how they see it, their reason for going after such sites.

I hate Acacia as much as the next webmaster, but it doesn't mean that I would suddenly be completely oblivious to what they're trying to do.

Thx for answering...as someone else asked what courts?

I think it's strange going after someone in NY unless they are filing it in Cali and hoping you won't ever show up.

last i checked i wasnt on your cock, but it was clearly written...
could see how you wanted to be 100% sure it was hand delivered, i just thought her statement implied it.

can we be friends again??

:winkwink:

50

Sure we can be friends.

:Graucho


It just blows my mind that they're going after someone clear across the country...unless their intention is creating some sort of financial hardship in fighting the case.

Oh wow, Acacia drama and webmaster dueling drama, all in one thread..

SCORE!

:thumbsup

Is this the first time you have heard from Acacia?

You might not want to answer that question on the forum if you haven't talked to your lawyer, but I thought I'd ask.

damn like 54 posts on this thread but all could have been answered in one...like pulling fucking teeth...LOL

lol


:Buck:

I got something a few days ago that seemed more like a promotional letter from them. But like I said earlier, this is definitely not one of those letters. I've already spoken to my lawyer, and am confident it was a mistake on their end, and hope to resolve it asap.

Well good luck..hope it gets resolved for you.

So... what's in the legal papers? I'm curious to hear their logic for suing you. Of course, a scan of the document would help, but even the opening synopsis would help.

did they disclose domains in the process of serving you?
how can you be infringing anything if they dont show you exactly where it is your doing it?

I hope you understand mine and anyone's skeptism on actually being served with a lawsuit from acacia...

Since you had received the 'promotional letter' as stated, you have until Nov. 30th to make a decision to take advantage of the introductory rates.

After Nov. 30th is when they can start filing lawsuits.

If this is indeed a real summons from Acacia, then be sure to show your lawyer the promotional letter.

It seems to me, it's too early to be seeing legal action from Acacia.


Fight the Spotlight!

Since court documents are public records, it's not against any laws to publish a scan of the pages.



Fight the Waiting!

NiteChatDotTV - My question is simple.....and you can answer me in private if you wish (myname)[a]hotmail.com - I want to know if you are linking to these sites as clients (part of your portfolio) or as sponsors - if you are linking as your portfolio it's a different ballgame and you can probably see your lawyer about what you mentioned earlier - they can't prevent you from promoting your profession with samples - I could be wrong but I'd be interested to see this in court.

Also - if you were served I think they'd need a bailiff or whatever may be used in the US. I don't think a registered letter delivered by US Postal Service is enough - I may be wrong or unless it is what we refer to as a 'Letter of Demand' (you must respond or it's your first registered correspondance)

Also, who is signing the letter? Is it a lawyer or Tweetie Birdman? :-)

A clarification is this simply a registered letter that says final notice or is it an actual summons saying you have been sued and have so many days to respond to the complaint?

i think its just another tactic hoping to get default judgements for more press release publicity and to boost their stock shares

Cases involving the internet notoriously end up before judges without a clue about the internet.

My thoughts too FightThisPatent. I can understand Acacia attempting to make a point with some decenters who might be pressing the issue or a return letter of "Fuck your patents and the horse they rode in on!", but I have a hard time believing this without some proof.

On the other hand ... Acacia might have expected tons of money coming into them right now by a few thousand scared webmasters. And that hasn't happened. :) ... so they figured a few lawsuits here and there to stir up the pot and put on more pressure.

They have to wait until after Nov. 30th... with all this build up and tension, there is no excuse for pre-mature litigation....

:1orglaugh :Graucho


Fight the Innuendos!

Meh.. I sent them a big :Fuck You: letter in hopes of being served. A haven't been so lucky yet, and I'm really, really, bored.

when its time to go to court..
you and your lawyer need to get ahold of me

This post makes one think you are just stirring the pot

and there is more to come for sure!

If he has no biz registered in Cali then they would have to file in NY.

Acacia can claim jurisdiction to be in California if atleast 1 customer/visitor of a website was in California.

Not hard to prove, especially since they could be that one customer/visitor by visiting the website....

Therefore, lawsuits don't have to be filed in the same state as the website owner.....

They have home court advantage.


Fight the Jurisdiction!

i can't believe the misconceptions i'm seeing in this thread!

does it have to be a process server? i delivered a judgement to a woman for a friend and it was totally legal.

YES

Has to be said - so far really does smell like total bullshit. Although Acacia seem to be far less switched on than they believe themselves to be the details so far make it smell like BS.

That's always been my fear with this whole Acacia thing. A judge that doesn't know or hardly knows anything about the internet taking some of these cases. I've seen it happen before. Especially with Microsoft.

Looks like On Command didn't get til the 30th
:1orglaugh

http://biz.yahoo.com/bw/031113/135598_1.html

Oh, and basschick is correct
ANY PERSON can deliver/serve as long as the service
is legal and notarized...