Acacia Judgements - The Facts!

[JMM]

Yesterday, someone posted a link to an article titled: "Broad Patents on Streaming Media Upheld", which reported that Acacia had won a preliminary injuction against 5 companies as a result of default judgements entered against those companies for infringing on Acacia's patents.

There was much speculation on this and other boards. Some said "Acacia won round 1", others said, "A judgement is a judgement and this helps Acacia".

Let me take this opportunity to briefly discuss actual facts.

1. A judgement is not a judgement: The preliminary injunction, and the default judgements mean nothing. These judgements were entered against companies who never responded to the lawsuits. No evidence was heard or presented. In FACT, these judgements were NOT a ruling on the merits of the case by the district court judge, rather they are default judgements entered on the docket as an administrative action by a clerk of the court.

2. The defendants never showed up: That's right, they weren't even there. These judgements, and claims that they somehow uphold the patents, mean nothing. A good analogy would be when a boxer is ruled victorious because his opponent never showed up.

3. The 5 defendants could still fight: Yep, default judgement. Should these defendants change their minds and decide to fight, the judgements and injunction are typically removable as a matter of course.

As I said yesterday, the judgements against the 5 defendants and the preliminary injuction, neither hurt, nor strengthen our case. No evidence was heard, no evidence was presented. It was a non-event.

These judgements and preliminary injunction are along the lines of Acacia's apparent posturing to pick on little companies unable to defend themselves, even to the point of not being able to afford to file an answer.

The defense group, and The IMPA, remain committed in their beliefs that the patents are NOT valid, and we will continue to vigorously defend ourselves, our business, and our industry, to prove our position in a court of law.

http://www.impai.org

[Winetalk.com]

JMM,
best of luck, bud...

reminds me of Cohen's "win" of sexia.com and...losing sex.com
;-))))

[Hooper]

keep up the good work jeff.

we're rootin for ya'll on this one :)

[Paul Markham]

Thanks for coming here and explaining it. Acacia are a bunch of clever lawyers using the system to line their own pockets.

[Vick]

Guess who is the latest to receive an extortion demand from Acacia?

Cloud 9 Entertainment

Just got their extortion package today ah ha ha ha

[KC]

Who else has received these packets?

What are the big boys doing with their packets? Jeff, are you going to be in Florida? Any meetings planned about this I can listen in on?

[Vick]

Acacia's packet says they will be at Internext

For now my strategy will be to ask for a indefinite postponement of the trial (should it come to that) while whether or not their patents will be upheld is determined

Beyond that I'm considering bringing suit against them here in the State of Maryland (expecting to win a default judgment) for various infringements and other associated causes. Have to go further into the details with my attorneys as to what we can do



Last edited by Vick at Jul 20 2003, 03:42 AM

[Winetalk.com]

Vick,
sue them in Maryland for extortion and civil racketeering,
BEFORE they sue you!

[*KK*]

Originally posted by Serge_Oprano@Jul 20 2003, 04:06 AM
Vick,
sue them in Maryland for extortion and civil racketeering,
BEFORE they sue you!
Now wouldn't that be an interesting turn of events, Serge, if people were to start filing suits against them in multiple venues...

Interesting.

[Peaches]

Originally posted by Vick@Jul 20 2003, 04:41 AM
Acacia's packet says they will be at Internext
THAT should make the show interesting....... :unsure:

[Vick]

Originally posted by Serge_Oprano@Jul 20 2003, 07:06 AM
Vick,
sue them in Maryland for extortion and civil racketeering,
BEFORE they sue you!
Serge, excellent idea. Thanks. I'll be speaking with my attorney Monday


KK has a good point, if Acacia has to defend themselves (or lose default judgments) in multiple venues it may exhaust some of their legal resourses and put a new focus on this entire charade


JMM - what's your thoughts?

[*KK*]

My only suggestion in all this is to talk amongst yourselves in a private venue regarding the strategies. I don't have any video on anything of mine so I'm not expecting anything from them -- but for those of you that do, it wouldn't be beyond the realm of thought that they may be keeping an eye on webmaster boards. I know some other companies that do...

[Winetalk.com]

Originally posted by *KK*+Jul 20 2003, 08:43 AM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (*KK* @ Jul 20 2003, 08:43 AM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Serge_Oprano@Jul 20 2003, 04:06 AM
Vick,
sue them in Maryland for extortion and civil racketeering,
BEFORE they sue you!
Now wouldn't that be an interesting turn of events, Serge, if people were to start filing suits against them in multiple venues...

Interesting.[/b][/quote]
KK,
haven't we discussed this approach to one's problems about 2 years ago?

I gotta check my Florida ICQ history,
the blueprint is all there...

[MissEve]

Originally posted by Vick+Jul 20 2003, 10:00 AM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Vick @ Jul 20 2003, 10:00 AM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Serge_Oprano@Jul 20 2003, 07:06 AM
Vick,
sue them in Maryland for extortion and civil racketeering,
BEFORE they sue you!
Serge, excellent idea. Thanks. I'll be speaking with my attorney Monday


KK has a good point, if Acacia has to defend themselves (or lose default judgments) in multiple venues it may exhaust some of their legal resourses and put a new focus on this entire charade


JMM - what's your thoughts?[/b][/quote]


Seems like Alaska might be a good place for that ;)

[*KK*]

Originally posted by Serge_Oprano+Jul 20 2003, 11:08 AM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Serge_Oprano @ Jul 20 2003, 11:08 AM)</td></tr><tr><td id='QUOTE'>Originally posted by -*KK*@Jul 20 2003, 08:43 AM
<!--QuoteBegin--Serge_Oprano@Jul 20 2003, 04:06 AM
Vick,
sue them in Maryland for extortion and civil racketeering,
BEFORE they sue you!
Now wouldn't that be an interesting turn of events, Serge, if people were to start filing suits against them in multiple venues...

Interesting.
KK,
haven't we discussed this approach to one's problems about 2 years ago?

I gotta check my Florida ICQ history,
the blueprint is all there...[/b][/quote]
Indeed Serge, we have discussed something along those lines.

When do you get back to Fla anyway? I'll be around a few days after the show is over, lmk :)

[Winetalk.com]

KK,
we'll be back around Sept 1st for 2weeks and leave to Italy for another 2...

we'll be back "permanently" to FL after Oct 1st.

Acacia will be defeated,
probably along the lines of what one soviet lawyer used 30 years ago.

The british ship got sunk in the Vladivostok harbor due to drunk russian navigator who couldn't bring theei ship into the harbor properly and got it on the rocks.
Soviets were facing lots of millions of dollars in damages.
That soviet lawyr got them scott free!

he researched and found that the ship left Brittish port on..Sunday.
According to one Brittish law signed in 1570's,
"No ship is allowed to leave the port on Sunday"
The law has never been overturned and according to the International laws
the host country is not responcible for the ships if the ships in violations of the laws of their country.

Britts kissed the millions of dollars good bye
;-)))

I am taking trips to Norway, Iceland and Italy to investigate if Acacia is not in violations of some of their laws and if this can help the defense of our collegues
;-))

I hope IRS won't mind that this is legit business deduction
;-)))

[*KK*]

Well thats definitely not getting home soon enough for me, I'm out the week after the show, so we'll have to put our icq's together and try for something else --

[Winetalk.com]

Originally posted by *KK*@Jul 20 2003, 06:10 PM
Well thats definitely not getting home soon enough for me, I'm out the week after the show, so we'll have to put our icq's together and try for something else --
something else with KK???

that's definatelly would make me popular on GFY!
;-)))

[*KK*]

Originally posted by Serge_Oprano+Jul 20 2003, 05:15 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Serge_Oprano @ Jul 20 2003, 05:15 PM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--*KK*@Jul 20 2003, 06:10 PM
Well thats definitely not getting home soon enough for me, I'm out the week after the show, so we'll have to put our icq's together and try for something else --
something else with KK???

that's definatelly would make me popular on GFY!
;-)))[/b][/quote]
Hey YOU are the one that makes me popular on GFY ;)

[Rolo]

Originally posted by Serge_Oprano@Jul 20 2003, 01:38 PM
I am taking trips to Norway, Iceland and Italy to investigate if Acacia is not in violations of some of their laws and if this can help the defense of our collegues
;-))
I have checked that option within EU... Acacia would be wise to stay away from the EU!

US might be the home of the lawyers, but EU is the home of the bureaucrats!

[Dianna Vesta]

I just got my package today. I don't know what the hell this is. I'm rading this thread and i'm still confused.

I have streaming audio and video via Real Media. Why am I paying these people?

I just got this. can someone provide me with any simple links on the facts and advice on what I should do?

Does this mean that ANYONE who streams video/audio is liable?

Damn - it's always something. lol

[homegrownmof]

Originally posted by Dianna Vesta@Jul 21 2003, 01:48 PM
I just got my package today. I don't know what the hell this is. I'm rading this thread and i'm still confused.

I have streaming audio and video via Real Media. Why am I paying these people?

I just got this. can someone provide me with any simple links on the facts and advice on what I should do?

Does this mean that ANYONE who streams video/audio is liable?

Damn - it's always something. lol


Dianna,

Why don't you contact Spike (949) 716-8080. He is heading up the IMPA group that is dealing with Acacia.

Try AVN.com for articles.

[Dianna Vesta]

Originally posted by homegrownmof+Jul 21 2003, 02:10 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (homegrownmof @ Jul 21 2003, 02:10 PM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Dianna Vesta@Jul 21 2003, 01:48 PM
I just got my package today. I don't know what the hell this is. I'm rading this thread and i'm still confused.

I have streaming audio and video via Real Media. Why am I paying these people?

I just got this. can someone provide me with any simple links on the facts and advice on what I should do?

Does this mean that ANYONE who streams video/audio is liable?

Damn - it's always something. lol


Dianna,

Why don't you contact Spike (949) 716-8080. He is heading up the IMPA group that is dealing with Acacia.

Try AVN.com for articles.[/b][/quote]
Thank you homegrown, right now I'm just trying to make sense of it, not get obsessed with it and keep on track with my business.

I went to AVN, I need to spend more time reading. I was hoping to get a “Cliffs Notes” on the whole damn ordeal and wonder if I should contact my lawyer or just throw the fucking thing in the trash.

I don’t know why I got this in the first place. If got it then it means that every webmaster will get one, right? Is this patent on all video/audio that’s transferred? I just don’t get it. How can someone patent data transfer on the internet? Maybe I’m missing something here.

What a bad time for this to come. Who is Spike and the IMPA? Is that the group mentioned above fighting them?

This is such bullshit.

[Vick]

Dianna - I believe (and I've been wrong before) it is currently small and mid sized companies getting the extortion package from Acacia

I believe their strategy is try to extort as much $ as possible quickly as possible before their patents are challenged in court along with getting as many default judgments as possible so they can say "we have already been granted judgments against ......."

[homegrownmof]

Originally posted by Dianna Vesta+Jul 21 2003, 07:19 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Dianna Vesta @ Jul 21 2003, 07:19 PM)</td></tr><tr><td id='QUOTE'>Originally posted by -homegrownmof@Jul 21 2003, 02:10 PM
<!--QuoteBegin--Dianna Vesta@Jul 21 2003, 01:48 PM
I just got my package today. I don't know what the hell this is. I'm rading this thread and i'm still confused.

I have streaming audio and video via Real Media. Why am I paying these people?

I just got this. can someone provide me with any simple links on the facts and advice on what I should do?

Does this mean that ANYONE who streams video/audio is liable?

Damn - it's always something. lol


Dianna,

Why don't you contact Spike (949) 716-8080. He is heading up the IMPA group that is dealing with Acacia.

Try AVN.com for articles.
Thank you homegrown, right now I'm just trying to make sense of it, not get obsessed with it and keep on track with my business.

I went to AVN, I need to spend more time reading. I was hoping to get a “Cliffs Notes” on the whole damn ordeal and wonder if I should contact my lawyer or just throw the fucking thing in the trash.

I don’t know why I got this in the first place. If got it then it means that every webmaster will get one, right? Is this patent on all video/audio that’s transferred? I just don’t get it. How can someone patent data transfer on the internet? Maybe I’m missing something here.

What a bad time for this to come. Who is Spike and the IMPA? Is that the group mentioned above fighting them?

This is such bullshit.[/b][/quote]


Dianna.

I would not advise you throw it in the trash- I'm sure your attorney would agree.

I suggested you call Spike because he has spent an inordinant amount of time on this with very expensive attorneys at a patent litigation firm.