ACACIA IF YOU GET A LETTER

[AB-Rob]

If you are using AB and receive a letter concerning your AB site then please let them know you are using our program and we are already licensed with them.

Our license clears all AB Affiliates since we are already paying for those members, why double pay.

Do not worry about the letters they just mass send letters to whoever they like.

You can fax your letter to 905-793-6894 and we will tell them to stop sending this shit or they'll get a nice colon checking.

[johnuk]

To be honest I'm not sure how to react to this news. The way Acacia have got several big names to settle in order to use them to scare smaller guys just doesn't sit well. Personally I had hoped a company the size and presence of AB would stand up and fight this patent but of course I can see the business sense and can appreciate AB are trying to protect their webmasters.

So first Visa, now Acacia, who's next to take their chunk of flesh?

[AB-Rob]

We want to protect ourselves now.

If we decide to join the fight that will coincide along with the license so that if the patents do lose we don't get it hard.

[divxmike]

What about if we receive a letter concerning freesites, mgps, galleries which we use to push our ab sites ?

[AB-Rob]

As long as the videos are used to promote AB only then you are fine.

[ggmovies]

Im going to send tham an email. Would you like me to CC anyone over there. I could fax my letter that i received to you if you wish.

[Jez]

I'm using my letter to roll up a fat fuckin' joint..... 8)

[ggmovies]

Wait a sec. As i read into the info on Acacia's website their patents seem to be all related to streaming video which AB doesnt offer unless the sites link to the bonus sites. I think Acacia can just suck my dick

[mattyboy]

I'm also a little disappointed with AB for settling... i just hope you haven't disclosed the names and address's of us AB webmasters to Acacia :roll:

[GoNe]

Acacia can suck a donkey dick!

[Jez]

you know what? this letter doesn't even work very well as a rolling paper....perhaps I can use this thing as some TOILET paper :twisted:

[Movie Guy]

Anyone know when the patents will expire?

For those who don't know, Acacia is a "research" company that goes around buying patents and then sueing people for infringing those patents. Back before the internet was really big, Acacia got a very broad patent for the delivery of any video or audio via digital transmission. This not only includes streaming, but also if someone downloads it to their hard drive first. Basically, if you offer any image, video or audio that can be saved to the hard disk or heck, even transmitted to be displayed on the web browser, without their permission, you are violating their patent. Still confused?

Let's put it this way. Apple's iTune music store lets users download audio files. Well, that is considered part of the patent. Or how about this: on Jennifer Lopez' official website, she offers images and sample songs to download and save on your hard drive. Well, if she didn't get permission from Acacia, then she is violating their patents. See how broad this is? It basically means anyone and everyone is violating. In other words, they patented the internet, satellite tv, digital cable tv, etc.

Now Acacia has decided to sue adult sites first, then move on to the big boys (or so they say). Adult sites make easy targets because most don't have huge legal budgets and are more likely to settle since many of them are already shady. But let's see them go up against microsoft, AOL, or a myriad of other companies.

Personally, I think this is a load of bullshit. The patent is way too broad to begin with. It accounts for any digital transmission when it should have been awarded to a specific technology that Acacia developed, not a loose theory. For example, if Acacia developed a specific way in which the packets of multimedia data is sent, then this is okay.

Another example of how ridiculous this is, is to look at it like wearing clothes in the winter to keep warm. Wouldn't it be fairly silly if someone could patent the idea: "the layering of cloth material to create an insulating barrier in order to preserve body heat"? Shouldn't patents be awarded to the different methodologies that accomplish this task?

All I know is that if the US and international governments say Acacia patents stand, then every company that owns the servers, the data pipe lines, etc, have just as much a right to sue Acacia for royalties for their technology being transmitted over their digital delivery systems.

[AB-Rob]

Any large company knows to license the technology so that if worse does come to worse they aren't in trouble.

So we did the same thing and licensed it until this litigation is over and hopefully the patents are invaldated. Or would you like us not to license and to find out 2 yrs later they win and we go bankrupt.

We are protecting ourselves now for the worse.

[Jez]

All kidding aside Rob... ( which my previous comments were just that ;) I think you are making a sound business decision for sure. This thing could still go either way. It's sad that these companies flagrantly try and use any angle possible to exploit an industry that obviously successful, yet an industry they have snubbed their noses at for years. I encourage all of you to read this article that has been recently released by AVN concerning the matter. Yes, this may perhaps be a desperate ploy by a company looking to gain a quick buck. Scary thing is...they could win. My opinin is that AB is handling the situation in the best way possible to protect the interests of everyone involved. Here's the link to that article...( sorry about the pop-up)
http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=43869

[Movie Guy]

I agree with Rob and Jez. Paying for the license while litigation is still proceeding is a smart move. Their licensing fee isn't THAT much so it pays to be on the safe side.

But my last post is my opinion about the company and the utter stupidity of the patents offices. Come on. This was 1991. Computers were already invented and there were BBSes, which btw, also counts as using ACACIA patents.

[boob butler]

the only thing i need to know is that AB is not giving away the identities of AB webmasters to acadia. there was a huge uproar on GFY over boycotting companies who supply acadia with their list of affiliates. whether or not AB chooses to settle is outside of my control, but i personally do not want to deal with the pricks at acadia. my domains are all registered with aliases so if and when i do receive a package, i'll know that one of the few companies that i work for have ratted me out.

[AB-Rob]

Exactly,

They are trying to make as much money as possible as quickly as possible. their patents say they can license teleportation

ROFL

Its just a matter of time.

But theyre smoking a fuckload more money than they are making.

Also we did NOT disclose ANY personal information to ACACIA. Our license did not require to do so.

[Supafly]

Thanks.

[PharAway]

I'm a little disheartened over this letter. I'm curious what have or are you others going to do? I emailed Rob about this last night, so sorry Rob if I'm jumping the gun but I'm a bit shocked by this letter. I do not have $1500+ to fork out for this. Is there any reassurance that we are not at risk here? If you, anyone on AB staff familiar with this, or another AB webmaster could please email me and advise me on this issue. I'm a little at a loss of what to do and I don't feel like getting dragged through a litigation process over the $500 I've made on my site (which hasn't been updated for a looong time and I've been meaning to take offline for a bit). So if anyone can point me somewhere or offer some bit of advice I'd be very, very appreciative. Thanks all.

[ggmovies]

It appears that the people who are getting letters have a custom domain name linkd to their ab account. Acacia must have done some sort of serach on the internat for sites that advertise Adultbouncer and got our names and addresses from the domain registers records.

On the issue of how to respond to Acacia. Ab is paying the royalties out of the portion they receive from our AB signups. You do not have to pay them anything as AB has already paid on our behalf.

Heres a copy of the email i sent to the assholes at acacia.

Subject: Final Notice for Introductory Royalty Rates and Waiver of Patent Infringement

Dear whom it may concern:

I receivd one of your letters dated 10/20/2003 regarding patent infringement regarding my site INSERT SITE URL HERE. According to your patents, until the courts say otherwise, you have the right to collect royalties on profits made on my site. However, my site belongs to the Adultbouncer Network which already pays royalties on my behalf. You have no right to collect any further royalties from me. So please cease and decist from any further action on this issue.

YOUR NAME
YOUR ADDRESS

[AB-Rob]

That is perfect.

They are just sending letters to EVERYONE. Even their mothers probably.

So do not take them as something bad, they just hope some people with no clue will just pay and not even know they shouldn't be paying.

If you promote AB do not worry about it. If your using the videos to promote someone else, then I can't help you unless they are licensed also.

[boob butler]

the packages are sales pitches to intimidate you into paying. unless it's a court order that was sent through registered mail, you really don't need to worry about anything. they don't have enough resources to charge every webmaster. if they want to take you to court, go, then demand a jury trial. you will likely lose without a special lawyer, but you'll burn a bigger hole in acacia's pocket. and they can't afford to sue a lot of people. they are not disclosing the $ terms of their "settlements" because they are desperate to secure some settlements to show their shareholders they are making progress, so they cut dirt cheap deals with big companies hoping for legitimacy, but they are spending way more than they are making

[AB-Rob]

Thats for sure.

Haha if they sued every single webmaster their war chest would be gone :)