Sponsors and Content Producers, read this

[FightThePatent]

Sponsors and Content Producers, I am creating an email for you to present my observations about your issues with Acacia's patent (ie. licensing). While I can't give you a definitive answer to do or don't license it, I can give you some things to consider when making your personal and professional decision.

I have had several already contact me, and I feel it is good information to share in email, rather than posting.

I will be starting a campaign this week to contact all Content Producers and Sponsors... if you want to get on the list faster to receive my thoughts on these issues, email me at:

brandon -at- fightthepatent.com


Fight the Patent!

[Paul Markham]

Hi Brandon
I just emailed out everyone on my list your URL and IMPA's to make sure they are aware. Got some nice positive feedbacks from many. You really should ask sponsors, content providers and any one else with a webmaster email list to let you use it.

One woman said this.

All Acacia wants is money. They really have _no_ legal ground. They came after me and I had my attorney respond.

We wrote them, they wrote back, my attorney responded, and since then they have dropped it. I suggest to anyone who is being pursued by them that you merely respond and are clear about your desire to actually go to court and fight it, it is likely that they will move on and not pursue you.


This was maybe what a few more should have done rather than ignore it and not even turn up.

Can you ask a lowyer if there is some way we can counter sue Acacia for sending the "Packet" and harassing us?



Last edited by Paul Markham at Oct 13 2003, 05:35 AM

[goBigtime]

All Acacia wants is money. They really have _no_ legal ground. They came after me and I had my attorney respond.

We wrote them, they wrote back, my attorney responded, and since then they have dropped it. I suggest to anyone who is being pursued by them that you merely respond and are clear about your desire to actually go to court and fight it, it is likely that they will move on and not pursue you.

When you think about the size of the companies that have already signed, the quote above doesn't make much sense. Maybe the lady in the quote above was deemed too small for Acacia to bother with? I doubt it was because she was willing to put up a legal fight. Charly - maybe you could follow up with her and ask her exactly what her attorney wrote to Acacia that made her feel like they don't have interest in her anymore.

Of course the companies that have signed could have other reasons for signing rather than fighting.

If the big guys wanted to put up a fight, they knew perfectly well where ground zero was (IMPA / Far-L / Spike etc).

After the shock of hearing on GFY from the IMPA that they have recieved NO DONATIONS from larger players in this industry, I am starting to form my own opinion that this becoming more of a welcome play (by some) for industry consolidation.

We need Ninjas. Lots of Ninjas.
:eninja: :ph34r: :eninja:



Last edited by goBigtime at Oct 13 2003, 06:03 AM

[Julene]

Thank you Paul ,Brandon, Homegrown and all others for taking time away from your businesses to
promote these patent issues! It is appreciated by little guys like me .

:) :wnw:

[Far-L]

You are welcome! Thanks for the support.

Acacia has been threatening for literally months to "add more lawsuits next week"... only next week keeps rolling by and it hasn't happened yet.

This does not mean that they have gone away. All it means is that they continue to make sinister threats and try to scare people into settlements.

[spazlabz]

Far-L sorry for not keeping better abreast of this issue, but has a court date been set yet? and has anyone ever been able to find out EXACTLY what is violating their patents? I mean I know someone who told them
"Tell me exactly what it is on my site that violates your patents and I will remove them."
But the only reply he got was their patents in PDF
How exactly are we all alledgedly violating their patents. I want to know so i can remove the files from my server.

thanks
spaz

[Far-L]

At this point, Rob Berman of Acacia is claiming that they possess the patent to all known methods of delivering audio and video on the internet... streaming, downloading, real, windows media, zips, whatever. I don't know if that is a sign of his desperation to convince people to license or he has developed a severe God Complex and really believes that Acacia's patent covers everything under the sun.

The language they use is very confusing and that is the way they like it. We have to go to court to prove why we are not infringing and why their patents are invalid. The trial date has not been set, and the court has postponed the whole affair from really getting under way a couple of times.

That is not bad news, nor is it a matter of the Court not being sympathetic to what is happening here. My guess is the problem is that these types of over-reaching, non-applicable, abuses of the patent process have slowed everything for everybody by burdening the Court. I am not an attorney though so what do I know?

We are certainly looking forward to our day in court though.

[Mike AI]

Originally posted by goBigtime@Oct 13 2003, 08:50 AM
[QUOTE]

After the shock of hearing on GFY from the IMPA that they have recieved NO DONATIONS from larger players in this industry, I am starting to form my own opinion that this becoming more of a welcome play (by some) for industry consolidation.




I think this is something EVERYONE should pay attention to.

The internet por biz was created by "porn outsiders", by hundreds and thousands of small companies like my own. Tbig video/magazine companies first ignored the web, then when they did come out they stumbled.... but now, they are making another big push.

How many big video porn companies are out there? ( Less and less, Hustler is eating them all up) How many magazines? ( They are dying out) How many DVD distributors?

I see this as the "AVN Mafia" making a move to force small companies out of the Internet porn business. AVN magazine pushes a certain company line, and that is to benefit old line video/magazine companies. IT is a pretty tight nit group.

Do we want an online porn industry with only 3-4 big programs?? With all the middle to small guys forced out??

Think about who has settled, their connections, their non-internet business, and their vision of the net. They are coming out hard, and they want to take OUR business away.

This is something I have said for years, once AVN took over the shows for this industry, the handwriting has been on the wall.

[JFK]

While AVN may have taken over existing shows, there is a new player on the horizon check this out ..........
http://www.webmasteraccess.com/
a rather comprehensive listing of new up coming events , for more you can always go to
http://www.fubarwebmasters.com/galleries.htm

[spazlabz]

all known methods of delivering audio and video on the internet... streaming, downloading, real, windows media, zips, whatever
Ya know, when i first heard of this, my first thought was it was outrageous. But as I looked into longer and harder, I started trying to think of ways around their patents. I read them, from page one to the end. I confess didn't understand anything from it. But I didn't see any mention of a certain interactive program that you can easily import mpegs into, load it into a table add start/stop/pause buttons and you have a nicely conpressed file. But as this gets further and further along I would bet anything they will say IT is covered by the Patents as well.
This can only end one of two ways, and either way it won't be good for our industry. Either the curent court case will be won by US or THEM
If we (meaning you who are in the legal fight right now) win, then the big guys will have shown themselves for what they are. Read into that what you will. I don't flame
If THEY win it will simply be a sign of the ignorance and intolerance that is prevailent in a small but vocal minority in our society.
The patents aren't valid, they can't be valid. We all know the strong rumors of prior art, we know it will come out in a court. personally feel that IF THEY win, it will not be based on law but on the intolerance in this country to any person being a free thinking sexual being. But that's just me

The internet por biz was created by "porn outsiders", by hundreds and thousands of small companies like my own. Tbig video/magazine companies first ignored the web, then when they did come out they stumbled.... but now, they are making another big push.

Amen to you MikeAI. How long could 'the little guy' continue to make money on a venue as open as the web before those with money and POWER decided they needed to put an end to it?
I am not saying that The Big Three that just signed had any sort of conspiracy with Acacia or anything like that. I am not nearly paranoid enough to believe that. But I believe that they also had multiple orgasms when this news broke. I think they KNEW that some people would fight and that would allow them to make sweet sweet deals and maintain, possible grow their power. Personally I am sickened by those that appologize for the big 3 'Don't pull your support' and 'He has done a lot for US' fucking PUH-LEEZE. Nothing has been done by any of them that did not DIRECTLY help their bottom line. People are surprised that they aren't giving money?? Gawd why? Check this out. The world of porn had a reputation of being a bunch of bottom feeding scumbags LOOONG before the internet can about. Now why do you think that is?

Just my thoughts, sorry if I offended anyone, was not my intention.

spaz

[Mike AI]

Originally posted by spazlabz@Oct 13 2003, 04:35 PM
[QUOTE]
Amen to you MikeAI. How long could 'the little guy' continue to make money on a venue as open as the web before those with money and POWER decided they needed to put an end to it?
I am not saying that The Big Three that just signed had any sort of conspiracy with Acacia or anything like that. I am not nearly paranoid enough to believe that. But I believe that they also had multiple orgasms when this news broke. I think they KNEW that some people would fight and that would allow them to make sweet sweet deals and maintain, possible grow their power. Personally I am sickened by those that appologize for the big 3 'Don't pull your support' and 'He has done a lot for US' fucking PUH-LEEZE. Nothing has been done by any of them that did not DIRECTLY help their bottom line. People are surprised that they aren't giving money?? Gawd why? Check this out. The world of porn had a reputation of being a bunch of bottom feeding scumbags LOOONG before the internet can about. Now why do you think that is?



Yeah I do not put much credance in conspiracies. It's just the way business gets done. The HUGE video/cable/magazine players are now getting in the net, and they are finally doing it right. We are their competition.... Think about it.

JFK - I think we should all support shows/conventions that are hosted/created by original net companies - those who have grown up with us, and have known for years.

[Sharpie]

We may be smaller, but we are still here.... and cater to the mid size webmasters and companies. With the help of some very capable people this will be our 7th year of providing a BUSINESS show, built around NETWORKING, not parties. Look for Cybernet 2004 - San Diego in June to maybe be the best one to date.

We have never been the biggest, because we can't always count on some of the 'biggies, nor been particuliarly "in" with the in crowd, but we still survive and move on, and try to provide the kind of show that we think the mid size companies and webmasters want and need. This year we will have dozens of ways to market your company and be involved for $1,500. Money is tight, and we know it - so the task is to be creative enough to come up with good marketing values, so companies can get involved without breaking their bank.



Last edited by Sharpie at Oct 13 2003, 05:05 PM

[FightThePatent]

Originally posted by Mike AI@Oct 13 2003, 01:41 PM
Mike AI wrote:

Yeah I do not put much credance in conspiracies. It's just the way business gets done. The HUGE video/cable/magazine players are now getting in the net, and they are finally doing it right. We are their competition.... Think about it.



One "defense" of the big players that I heard was that their internet side of operations was such a small part of their operations, that it wasn't a big deal to get a license from Acacia...

In going along the lines of your thinking, they could have seen it as a strategy that might reduce competitors, or have the licenses place a drain on the competitors profit margin, to reduce their effectiveness in competing in the marketplace.

Consolidation, roll-ups, and now patents, are effective tools at limiting competitors.

Acacia is just one patent holder, there are others in the audio/video space, and certainly alot more other kinds of patents out there that could easily come through the Adult Industry and follow in Acacia's footsteps.

The bigger players would be able to absorb these additional license costs, and the smaller players could end up shutting down due to not enough profits.

The end result, a marketplace with a few big companies.... who may then increase their online/internet operations.

Surfers/members may not care that the smaller sites dropped off, if the big players are able to service them with videos, pics, etc..while keeping prices reasonable..

Competition is what brings out new kinds of products/contents, and keeps pricing competitive.. what would happen to the price of monthly memberships if there were fewer companies... economic models would show that price could rise.... and also no need any more for affiliates to drive traffic.


Fight the Patent!

[FightThePatent]

Originally posted by Mike AI@Oct 13 2003, 12:39 PM
Mike AI wrote:

"I think this is something EVERYONE should pay attention to"
While it is good to see that people are upset about these issues (for the ones that post), i still see the onset of apathy to do anything but just type a post about how one feels about this Acacia mess.

Case in point, this thread topic was about getting those with Affiliate programs and content producers attention and interest in receiving a white paper that I am writing to summarize the Acacia issues in regards to their personal and professional decisions to license or not license the patent, in respect to the Nov. 30th cutoff of the "amnesty program".

If you have audio or video on your website, or you create digitize audio or video files, you should be greatly concerned about these issues...and need information to help make a business decision.

I have posted the starting message to this board and others, but have only received 2 emails that were interested in the white paper, and those replies didn't come from these messages.

It's hard to understand that if you are a sponsor or content producer that is aware of this issue and are reading these posts, then why don't you want to learn more about the issues? It's as easy as sending me an email me to get the information delivered right to your email...rather than me having to dig through directories and listings to find content producers and sponsor's email addreses?


I am trying to make it easy on you to get information, try to make it easier for me to get the information to you.


Fight the Patent!

email: brandon -at- fightthepatent.com

[cj]

Originally posted by Mike AI@Oct 13 2003, 03:39 PM
[QUOTE]

After the shock of hearing on GFY from the IMPA that they have recieved NO DONATIONS from larger players in this industry, I am starting to form my own opinion that this becoming more of a welcome play (by some) for industry consolidation.




I think this is something EVERYONE should pay attention to.

The internet por biz was created by "porn outsiders", by hundreds and thousands of small companies like my own. Tbig video/magazine companies first ignored the web, then when they did come out they stumbled.... but now, they are making another big push.

How many big video porn companies are out there? ( Less and less, Hustler is eating them all up) How many magazines? ( They are dying out) How many DVD distributors?

I see this as the "AVN Mafia" making a move to force small companies out of the Internet porn business. AVN magazine pushes a certain company line, and that is to benefit old line video/magazine companies. IT is a pretty tight nit group.

Do we want an online porn industry with only 3-4 big programs?? With all the middle to small guys forced out??

Think about who has settled, their connections, their non-internet business, and their vision of the net. They are coming out hard, and they want to take OUR business away.

This is something I have said for years, once AVN took over the shows for this industry, the handwriting has been on the wall.
:wnw:

[gonzo]

Originally posted by Mike AI@Oct 13 2003, 03:39 PM
[QUOTE]

After the shock of hearing on GFY from the IMPA that they have recieved NO DONATIONS from larger players in this industry, I am starting to form my own opinion that this becoming more of a welcome play (by some) for industry consolidation.




I think this is something EVERYONE should pay attention to.

The internet por biz was created by "porn outsiders", by hundreds and thousands of small companies like my own. Tbig video/magazine companies first ignored the web, then when they did come out they stumbled.... but now, they are making another big push.

How many big video porn companies are out there? ( Less and less, Hustler is eating them all up) How many magazines? ( They are dying out) How many DVD distributors?

I see this as the "AVN Mafia" making a move to force small companies out of the Internet porn business. AVN magazine pushes a certain company line, and that is to benefit old line video/magazine companies. IT is a pretty tight nit group.

Do we want an online porn industry with only 3-4 big programs?? With all the middle to small guys forced out??

Think about who has settled, their connections, their non-internet business, and their vision of the net. They are coming out hard, and they want to take OUR business away.

This is something I have said for years, once AVN took over the shows for this industry, the handwriting has been on the wall.
Ah yes...the porn royalty!

If you cant innovate ...then try and sue your way into eliminating the competition.

Its no wonder that AVN and crew remains pretty much faceless.
THe marketing face changes with unknowns but the result is the same.

I for one have supported both Sharpies shows as well as some ofthe regional ones.

The one sponsored by GFY looks interesting ....but JFK --- Ill tell you right now if its mishandled like AWE ended up then youve got 2 sets of loosers...
the sponsors who are wined and dined for their contribution but really get no ROI other than a bj from the local ho.

And then the webmasters that attend shows that the organizer cant even get out of fucking bed on Sunday before noon [after someone goes and wakes his ass up] because he was out partying and spending that Big Time Green.

The challenge is to have a show that is beneficial for both sponsors and webmasters. Ive already gotten my survey from AVN trying to get us to exhibit again. I can tell you that my client was at EVERY major show the entire year and even though the stuff he was selling sucked -- I saw no value in having a booth at Internext.

If you really want to send AVN a message...lets all stop going to their shows and going to our own. Better yet...plan to network at those shows without attending the floor or staying in the hotel of choice.

Put your money where your mouth is....

[homegrownmof]

Hold the phone there Gonzo. Before you and the boys round up the lynchmob check your facts, not your perceptions.

AVN has been impartial in this- merely reporting the facts.

And to the detriment of its ad $$$$$$$.

You see CE advertising the inside covers of AVNonline any more after AVN reported on their Acacia settlement?

AVN is a business like the rest of us (or most of us here). They have a certain affinity for their long-time advertisers and convention exhibitors.

But don't think they are part of some cabal that does Vivid/LFP's bidding.


Time to stop worrying about the conspiracies and start working toward the solution. Part of which means raising $$$ to fight.

Until then most everyone's (excluding the people who are actively involved, spending time and $) take on what is really going on doesn't add up to shit.

[BradShaw]

This show Lens is putting on, will be a party fest I bet. GFY for the most part attracts kids, who want to pee, watch people pee, drink pee.

I would like to see someone do a conference and limit attendance, possibly charge a high registration fee ($5k+ per company) and do something first class. That way, idiots could not afford it. I have thought about doing it, but simply do not have the time or organizational resources to pull it off right.

Cabo would be a great place for such an event.

[Mike AI]

Originally posted by BradShaw@Oct 13 2003, 07:29 PM
This show Lens is putting on, will be a party fest I bet. GFY for the most part attracts kids, who want to pee, watch people pee, drink pee.

I would like to see someone do a conference and limit attendance, possibly charge a high registration fee ($5k+ per company) and do something first class. That way, idiots could not afford it. I have thought about doing it, but simply do not have the time or organizational resources to pull it off right.

Cabo would be a great place for such an event.


I am in!!

Seriously Brad, we have spoken about this for years.... might be time to do it.