Acacia News

[Paul Markham]

http://www.technologymarketing.com/mc/cont...tent_id=1899661 (http://www.technologymarketing.com/mc/content/article_display.jsp?vnu_content_id=1899661)

It seems that it is not going all Accia's way.

Join up with www.impai.org (http://www.impai.org) and fight.

For Ryan the situation is clearly frustrating. "These companies will end up spending more on litigation than if they just paid the fees," he fumes. Attorney Dorman is equally dismissive of the adult entertainment firms. "These companies are so used to people challenging their business on first amendment grounds that they constantly feel victimized," he says. "They're not sophisticated enough to realize that this patent action is just standard procedure in mainstream businesses."Not sophisticated?

[Forest]

Originally posted by Paul Markham@Aug 14 2003, 07:37 AM
http://www.technologymarketing.com/mc/cont...tent_id=1899661 (http://www.technologymarketing.com/mc/content/article_display.jsp?vnu_content_id=1899661)

It seems that it is not going all Accia's way.

Join up with www.impai.org (http://www.impai.org) and fight.

For Ryan the situation is clearly frustrating. "These companies will end up spending more on litigation than if they just paid the fees," he fumes. Attorney Dorman is equally dismissive of the adult entertainment firms. "These companies are so used to people challenging their business on first amendment grounds that they constantly feel victimized," he says. "They're not sophisticated enough to realize that this patent action is just standard procedure in mainstream businesses."Not sophisticated?
paul

the impa is the wrong way to do this in its entirety

give acaica a focused fight against 1 organization and this gives them the abilty to conserve money and resources

Mutliple fronts= bleedd them dryyyyy

The best stratagy for a war

and this is no different
--------------------------
copy and paste from another thread
-------------
"My approach is to get some deals done and get some goodwill," says Rob Berman, Acacia's senior vp of business development. "I don't want to end up in the bowels of legal hell."
---------------
"We're only asking two percent of the revenue from streaming media firms, and we are willing to give price breaks to those who sign up early on," says Ryan, who adds that this royalty structure compares favorably with the massive fees often demanded in similar situations.

-----------------------
the last thing Ryan wants is a series of legal battles that could take years before Acacia sees any real revenue. And that's where the marketing of patent rights comes in.
---------------------------
Acacia also decided that alleged infringers would sign up more quickly if it looked as if everyone else were jumping on the bandwagon
---------------------------
For Ryan the situation is clearly frustrating. "These companies will end up spending more on litigation than if they just paid the fees," he fumes. -------------------------------

There are several offensive moves to make just by what this guy says in the article

a United front for the industry is the WRONG way to do this

imho

[Hooper]

I think you're missing an important element here forest. They may be a united front for some people, but most importantly they are gathering prior art to prove that the patent is not valid.

And the cowboy cry of "bleed em dry" is nice and all, but if you get sued do you really want to spend 500k-1mil fighting them?

[Winetalk.com]

Paul,
1) Forest read the article more careful than you did

2) the whole issue was already addressed yesterday,
where have you been?

IMPLA is giving ACACIA what ACACIA wants,
one entety to fight with and avoiding "legal hell"

I say giving them "Legal Hell" they do NOT want is a proper way to go...

[Winetalk.com]

Originally posted by Hooper@Aug 14 2003, 07:56 AM

And the cowboy cry of "bleed em dry" is nice and all, but if you get sued do you really want to spend 500k-1mil fighting them?
of course not....
but seems like ACACIA is more concerned with "Legal Hell" than Forest with $30 in his pocket which still gives him and 1000's other "forests" to start preventive claims in a small claim courts all over the world
;-))

[Forest]

Originally posted by Hooper@Aug 14 2003, 07:56 AM
I think you're missing an important element here forest. They may be a united front for some people, but most importantly they are gathering prior art to prove that the patent is not valid.

And the cowboy cry of "bleed em dry" is nice and all, but if you get sued do you really want to spend 500k-1mil fighting them?
hooper

Look at what THEY are afraid of

""My approach is to get some deals done and get some goodwill," says Rob Berman, Acacia's senior vp of business development. "I don't want to end up in the bowels of legal hell."


what is more a bowel of hell than 1000 law suits being answerd by 1000 different parties

which fight would you want to wage if you were acacia

1 front?

1000 fronts?

you decide

[Forest]

hoop

who says you need 500k -1m?

small claims court files for 50.00 bucks here

precedent in 1 court can go A LONG WAY here

fuck the united front

united Information is Great!!!!

fight them on ALL fronts in EVEREY court in the world

Hoop you know what laywers charge for trial time

[Winetalk.com]

Originally posted by Forest@Aug 14 2003, 08:07 AM
hoop

who says you need 500k -1m?

small claims court files for 50.00 bucks here

precedent in 1 court can go A LONG WAY here

fuck the united front

united Information is Great!!!!

fight them on ALL fronts in EVEREY court in the world

Hoop you know what laywers charge for trial time
the tactic Charles Carreon used againsty Cohen was...
"Make EVERY day as a MISERABLE day to your opponent"
and we all know where this landed Cohen:
Fugitive in Mexico...

K>I>S>S formula at it's best
;-))

[Forest]

Originally posted by Serge_Oprano@Aug 14 2003, 08:20 AM

K>I>S>S formula at it's best
;-))
:okthumb:

[Vick]

We need both IMPAI and individual suits

With a united front from IMPAI and pooling financial resources to have patent attorneys research and (hopefully) invalidate Acacia patents

and individual suits to stretch and exhaust Acacia resources and (maybe) Acacia will realize they overstepped when going for the perceived "low lying fruit" Acacia thought the adult industry would be. Also possibly winning many default judgments against Acacia sets precedences and adds to the IMPAI case

It's gorilla warfare and a sophisticated attack to wear down and dismantle the enemy

[Winetalk.com]

Originally posted by Vick@Aug 14 2003, 09:18 AM
We need both IMPAI and individual suits

With a united front from IMPAI and pooling financial resources to have patent attorneys research and (hopefully) invalidate Acacia patents

and individual suits to stretch and exhaust Acacia resources and (maybe) Acacia will realize they overstepped when going for the perceived "low lying fruit" Acacia thought the adult industry would be. Also possibly winning many default judgments against Acacia sets precedences and adds to the IMPAI case

It's gorilla warfare and a sophisticated attack to wear down and dismantle the enemy
Vick,
I think you summed it up BEST!

[Forest]

vick

shhhh

dont give the acacia reader any more info than needed

:awinky:

[Hooper]

I would agree with you Vick.

I just think that a point is being lost here.

The cowboy tactic of suing in small claims court is fine. Do it. Have fun with it.

But unfortunately it's game theory:
What is best for the individual is to contribute to impa and hope you dont get sued.
What is best for the group is for everybody to file claims.

Small claims are like throwing a pebble at the bee hive. It only works if you have a LOT of pebbles, so you better hope that all your buddies are really going to file a claim at the count of 3.

And more importantly you better hope that the bees dont get mad and single you out.



Last edited by Hooper at Aug 14 2003, 10:00 AM

[Forest]

im no laywer BUT if you get prescedent in 1 court does that not help the overall battle??? even if it IS small claims?

get 10% of the industry to do this

how many people/ companies do you think that is

100-200-500?



Last edited by Forest at Aug 14 2003, 10:03 AM

[JR]

Originally posted by Forest@Aug 14 2003, 05:07 AM
hoop

who says you need 500k -1m?

small claims court files for 50.00 bucks here

precedent in 1 court can go A LONG WAY here

fuck the united front

united Information is Great!!!!

fight them on ALL fronts in EVEREY court in the world

Hoop you know what laywers charge for trial time
hate to burst your bubble turd boy, but just because you file a claim in small claims court... it does not mean it STAYS in small claims court. they can just file a motion to move it to a higher court (forgot what its called) and you are then forced to defend yourself and spend the money.

[Hooper]

Although I will say that that "sophisticated" claim really pissed me off.

Pop Quiz: Who's more sophisticated?

a - A handful of multimillionaires who started with nothing, built and developed technologies while at the same time building successful business models based on cooperative competition, extensive re-use and re-packaging of existing content, all while building recurring income?

OR

b - a handful of idiots who couldnt make a dime during the dot com boom despite being well funded who then hired some lawyers to go bilk other people of their money?

I vote for A.

Were the Huns more sophisticated than the romans??? Afterall, didnt the romans know that being attacked by idiots was just "part of being a roman" ???

Amazing the conceit and disdain this jackass shows for us.

[JR]

Hoop, i think anyone that is motivated and wants to fight is sophisticated enough to be taken seriously.

[Forest]

Originally posted by JR+Aug 14 2003, 10:04 AM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (JR @ Aug 14 2003, 10:04 AM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Forest@Aug 14 2003, 05:07 AM
hoop

who says you need 500k -1m?

small claims court files for 50.00 bucks here

precedent in 1 court can go A LONG WAY here

fuck the united front

united Information is Great!!!!

fight them on ALL fronts in EVEREY court in the world

Hoop you know what laywers charge for trial time
hate to burst your bubble turd boy, but just because you file a claim in small claims court... it does not mean it STAYS in small claims court. they can just file a motion to move it to a higher court (forgot what its called) and you are then forced to defend yourself and spend the money.[/b][/quote]
turd boy :biglaugh:

Boy your on the ball this morning huh???

see you removed me from your sig

Wheres the love dough boy???

[Forest]

Originally posted by Hooper@Aug 14 2003, 10:14 AM
Although I will say that that "sophisticated" claim really pissed me off.


Amazing the conceit and disdain this jackass shows for us.
hoop

that where we have the advantage

they dont think us a worthy adversary

[LittleC]

I have a better idea !

You all take my streaming and whatever I have, only mine , I'll fight them for ya !

:D

[*KK*]

Personally I'd like to see Acacia fight the Russians in a winter front.

Metaphorically speaking that is, since I don't guess they are literally after any Russians yet.

[Far-L]

The IMPA has not been sued.

Acacia amended existing lawsuits against companies that it was already suing.

The IMPA can only help the Acacia Defendants in matters that benefit the web community as a whole. This means the collection of prior art and paying for the attorneys time on things that benefit the webmaster community as a whole. The remainder of the litigation costs which include fillings, court time, discovery, status conferences etc have been paid for by the companies that are in the defense group.

For more financial info regarding the IMPA please ask Jeff Miller our Treasurer. He is more than willing to shed light on what we have and how its being used.

[PornoDoggy]

Originally posted by JR+Aug 14 2003, 10:04 AM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (JR @ Aug 14 2003, 10:04 AM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Forest@Aug 14 2003, 05:07 AM
hoop

who says you need 500k -1m?

small claims court files for 50.00 bucks here

precedent in 1 court can go A LONG WAY here

fuck the united front

united Information is Great!!!!

fight them on ALL fronts in EVEREY court in the world

Hoop you know what laywers charge for trial time
hate to burst your bubble turd boy, but just because you file a claim in small claims court... it does not mean it STAYS in small claims court. they can just file a motion to move it to a higher court (forgot what its called) and you are then forced to defend yourself and spend the money.[/b][/quote]
Small claims courts often require that both parties involved in the suit be under the jurisdicition of the court, and are for matters involving very small amounts of money. Frankly, the minute you brought up the words "patent dispute" in a Small Claims court the hearing would be over. I realize that the laws governing Small Claims courts vary from state to state, but there is no way in hell that they have any standing over an issue like this.

Also, a judgement issued in a Small Claims Court is kind of like having the Home Run record in Single-A Rookie Ball. Yes, it's professional baseball - but that record and $5.00 will buy you a beer in a major league ballpark. I don't think that 1 of them, 100 of them, or 1,000 of them (assuming you could get them in the first place) would be worthy of more than 30 minutes worth of discussion in the preliminary phase of trial in Federal Court, which is ultimately where this would have to be played out.

So no offense ... but talking about fighting an action against Acacia in small claims court is NOT going to do much to dispell anyones notion of unsophisticated.

[PornoDoggy]

Originally posted by Forest@Aug 14 2003, 08:07 AM
hoop

who says you need 500k -1m?

small claims court files for 50.00 bucks here

precedent in 1 court can go A LONG WAY here

fuck the united front

united Information is Great!!!!

fight them on ALL fronts in EVEREY court in the world

Hoop you know what laywers charge for trial time


* * * * * *

hoop

that where we have the advantage

they dont think us a worthy adversary
:headwall: :headwall: :headwall:

[Vick]

So bang your head
Mental Health will drive ya mad

PD - sounds like you have some small claims court experience

Don't want to say what I'm thinking in a public forum but .........
There may be other options :awinky:

[PornoDoggy]

I've been to small claims court twice, won judgements in both cases (they total <$2500 between them); never collected a dime on the first one, and even collected all my money plus interest on the 2nd one.

I billed a couple of clients one hell of a lot of money between 1997 and 1999 working on some patent and intellectual property cases for the law firm I worked for. I learned enough there to realize that this is not an area in which laymen - very much including myself - have even a half-baked idea about. That being said, it doesn't take a rocket scientist to conclude that if it looks like shit and smells like shit, it may very well be shit.

I will tell you this much ... patent cases that are ably contested by equally competent attorneys move at a glacial pace.

And you may very well be right ... there are probably all kinds of VIABLE strategies that a knowledgable attorney could devise. However, I suspect that the Acacia folks would eat alive anyone with a law degree from GFYU.

[slavdogg]

will a small claims court take on a patent case ?
has it been done before ?

Can i take my patent case to Judge Wapner ??

[slavdogg]

Originally posted by Forest@Aug 14 2003, 08:07 AM
who says you need 500k -1m?
i believe the data i read few years ago was something like
500k to 2 mil to defend a patent case

[Winetalk.com]

Originally posted by slavdogg@Aug 15 2003, 01:28 AM
will a small claims court take on a patent case ?
has it been done before ?

Can i take my patent case to Judge Wapner ??
Slava,
of course not, r u nuts?

but...it will take 1000's different monetary cases.

Poor Slav, your education missing the Steven Cohen school of law...

I am SO GLAD I invested $10,000 in "knowing him" and had an opportunity to see his legal mind at work@!

He used Legal System to fight the case where he was 100% wrong,
and if he wasn't caught on tape stealing documents from Kinko (LL's discovery), he'd still own sex.com ;-)))

do you know that he had Gary outspend him 10:1???

I wish you have a brush once in your life with Cohen's ilk,
you'd learn how to think out of the box in legal world
;-))))

[PornoDoggy]

Serge, there is a real difference between the strategy you are talking about and "filing a $50 suit in small claims court." Whether that's a viable option for multiple plantifffs/attorneys in multiple jurisdictions is a subject for discussion with someone who charges a much higher retainer than me. :D

Pulled this off a general legal info site (http://www.nolo.com/) today regarding small claims court. (emphasis added)

Where should I file my small claims lawsuit?
Assuming the other party lives or does business in your state, rules normally require that you sue in the small claims court district closest to that person's residence or headquarters. In some instances, you also may be able to sue in the location (court district) where a contract was signed or a personal injury occurred (such as an auto accident). Check with your small claims clerk for detailed rules.

If a defendant has no contact with your state, you'll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.

[Winetalk.com]

PD,
small claim courts was just an illustration of
"think out of the box" strategy...

[slavdogg]

what ? Judge Wapner will not take this patent case ?
Its the People's Court and i am the people :)

Serge you must be low on sarcasm juice today :P

[slavdogg]

Originally posted by Serge_Oprano@Aug 15 2003, 12:02 PM
PD,
small claim courts was just an illustration of
"think out of the box" strategy...
i prefer to think outside the bun :D

[Winetalk.com]

Originally posted by slavdogg@Aug 15 2003, 01:07 PM
what ? Judge Wapner will not take this patent case ?
Its the People's Court and i am the people :)

Serge you must be low on sarcasm juice today :P
Slav,
I wanna hear YOU after you go to bed in a blackout,
no AC ...

I can't wait to see your post the next day after the major earthquake
;-)))

[Winetalk.com]

Originally posted by slavdogg+Aug 15 2003, 01:09 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (slavdogg @ Aug 15 2003, 01:09 PM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Serge_Oprano@Aug 15 2003, 12:02 PM
PD,
small claim courts was just an illustration of
"think out of the box" strategy...
i prefer to think outside the bun :D[/b][/quote]
thinking INSIDE the bun is much more fun,
and here is a bun for you:

http://www.amateursweb.com/slideshow/amweb/21/donated199.jpg

[Lenny]

Originally posted by Forest+Aug 14 2003, 05:04 AM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Forest @ Aug 14 2003, 05:04 AM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Hooper@Aug 14 2003, 07:56 AM
I think you're missing an important element here forest. They may be a united front for some people, but most importantly they are gathering prior art to prove that the patent is not valid.

And the cowboy cry of "bleed em dry" is nice and all, but if you get sued do you really want to spend 500k-1mil fighting them?
hooper

Look at what THEY are afraid of

""My approach is to get some deals done and get some goodwill," says Rob Berman, Acacia's senior vp of business development. "I don't want to end up in the bowels of legal hell."


what is more a bowel of hell than 1000 law suits being answerd by 1000 different parties

which fight would you want to wage if you were acacia

1 front?

1000 fronts?

you decide[/b][/quote]
Hey Forest that's a great strategy.

Tell ya what, you go file first, we're all one step behind you :okthumb:

[Forest]

Originally posted by Lenny+Aug 15 2003, 11:58 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Lenny @ Aug 15 2003, 11:58 PM)</td></tr><tr><td id='QUOTE'>Originally posted by -Forest@Aug 14 2003, 05:04 AM
<!--QuoteBegin--Hooper@Aug 14 2003, 07:56 AM
I think you're missing an important element here forest. They may be a united front for some people, but most importantly they are gathering prior art to prove that the patent is not valid.

And the cowboy cry of "bleed em dry" is nice and all, but if you get sued do you really want to spend 500k-1mil fighting them?
hooper

Look at what THEY are afraid of

""My approach is to get some deals done and get some goodwill," says Rob Berman, Acacia's senior vp of business development. "I don't want to end up in the bowels of legal hell."


what is more a bowel of hell than 1000 law suits being answerd by 1000 different parties

which fight would you want to wage if you were acacia

1 front?

1000 fronts?

you decide
Hey Forest that's a great strategy.

Tell ya what, you go file first, we're all one step behind you :okthumb:[/b][/quote]
I havent received my packet

good thing I was never an affiliate of CE huh???