Acacia sues Club Jenna

[FightThePatent]

Court documents were filed on 12/18 against Club Jenna Inc. by Acacia.



Additional lawsuits filed against:

Orgasm.com
Webpower Inc.
Cybernet Ventures
Global AVS
ICS Inc.
National A-1 Advert



In addition, Acacia is proposing to the judge to allow for 2 class action lawsuits that cover the entire adult industry.

At InterNext, on Jan 5th (monday) at 4pm, Spike, Gregory Clayman, and I will be discussing how patents affect businesses and what can businesses do.


This should really get interesting.



Fight the Suits!

[Sharpie]

It seems that they are trying to find a way to cut thier legal costs.

There is no way the two classes they are forming cover the whole adult industry. There is way too much diversity. Are they now saying that the TGPs they scared to death with their letters fit in one of these classes, or are the acknowledging that they aren't going after the non paysite webmasters?

[Carrie]

Oh boy. Do they think that Jenna is just another dumb blonde with a fat bankroll, or do they actually know the media outlets that she has? She's a sharp lady with a LOT of press, tv spots, and magazines at her disposal. Methinks they might've just fucked with the wrong woman... the word "wrath" comes to mind.

Then again, she could possibly have her lawyers write back and say that she is covered by Flynt's license (Jenna XXX is one of their 'brands', perhaps they could argue that Club Jenna is also even though it's not a Flynt property). Hrmm.

Or she could just not feel like dealing with it and pay it, like Flynt did.

Edit: PS Sharpie I agree, they're desperate to conserve their legal costs at this point. They're finally realizing that we're not going to lie down and their bank account is going to empty out before the adult industry's will.



Last edited by Carrie at Dec 24 2003, 09:06 AM

[gonzo]

Originally posted by Carrie@Dec 24 2003, 09:03 AM
Oh boy. Do they think that Jenna is just another dumb blonde with a fat bankroll, or do they actually know the media outlets that she has? She's a sharp lady with a LOT of press, tv spots, and magazines at her disposal. Methinks they might've just fucked with the wrong woman... the word "wrath" comes to mind.

Then again, she could possibly have her lawyers write back and say that she is covered by Flynt's license (Jenna XXX is one of their 'brands', perhaps they could argue that Club Jenna is also even though it's not a Flynt property). Hrmm.

Or she could just not feel like dealing with it and pay it, like Flynt did.
The she will be on here offereing $100 pay out for free trial memberships.
No bullshit - --- no shaving!

[FightThePatent]

translator:

Orgasm.com

Webpower Inc. = Click Cash

Cybernet Ventures = Adult Check

Global AVS = ProAdult

ICS Inc. = adult.com

National A-1 Advert =
singles.com, sextoys.com , girls.com , guys.com , ladies.com, slaves.com , celebrities.com, cash.com



Fight the Engrish!

[Mike AI]

Originally posted by FightThePatent@Dec 24 2003, 10:17 AM
translator:

Orgasm.com

Webpower Inc. = Click Cash

Cybernet Ventures = Adult Check

Global AVS = ProAdult

ICS Inc. = adult.com

National A-1 Advert =
singles.com, sextoys.com , girls.com , guys.com , ladies.com, slaves.com , celebrities.com, cash.com



Fight the Engrish!
Acacia has done their homework.

Wanna take bets on which companies fold, and make deals?

I bet 5 of the 6 will.

As far as Jenna, I find it interesting that they went after ClubJenna, when her other site is being run by Hustler who settled. It does not make sense, or does it? What does Acacia know?

[Sharpie]

I am afraid that I agree with you on probably 4 of them. They will do what their lawyers tell them..... When it comes to money 'it's every man for himself. As Nick says "you can only have the morals (or principals) that you can afford. ..... and precident has already been set by some of the large companies. So, it is the easy way out for them.

Of course, don't know how far thinking ahead they are...... it makes them easy prey for all the suits to follow.

Probably the only way to impress them, is for their webmasters/customers to let them know that if they are not willing to fight for the industry - there is no respect, and no biz from them. But, as Serge said "trying to get webmasters to agree on anything, is like herding (whatever he said). I know first hand that this is true!!! Been there - done that :-) How many are still supporting the ones who have settled? Would be interesting to know.....

[MikeFold]

Originally posted by Mike AI@Dec 24 2003, 11:57 AM

As far as Jenna, I find it interesting that they went after ClubJenna, when her other site is being run by Hustler who settled. It does not make sense, or does it? What does Acacia know?
think about it Mike...
all the mileage they will get out of that press release
no other reason i can think of

[Mike AI]

Originally posted by MikeFold+Dec 24 2003, 10:53 AM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (MikeFold @ Dec 24 2003, 10:53 AM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Mike AI@Dec 24 2003, 11:57 AM

As far as Jenna, I find it interesting that they went after ClubJenna, when her other site is being run by Hustler who settled. It does not make sense, or does it? What does Acacia know?
think about it Mike...
all the mileage they will get out of that press release
no other reason i can think of[/b][/quote]
That, and they want to crush Meni!!

<_<

[Carrie]

I'm thinking 4 of the 6. I don't think ClickCash will sign or ProAdult.
I see Lensman signing... probably already sent his check.

[mojobill]

I would'nt bet on ProAdult not caving....

[Mike AI]

Originally posted by fatbaby@Dec 24 2003, 12:02 PM
I would'nt bet on ProAdult not caving....
As I said, Acacia choose well. They have educated themselves, of course I am sure they have been given good advice by "consultants".

This is also a sign of desperation, I think Acaica is on plan C now.... A & B are out of the window.

[Meni]

We are fine, thanks

[Carrie]

Originally posted by fatbaby@Dec 24 2003, 12:02 PM
I would'nt bet on ProAdult not caving....
I'm not so sure. So far they've escaped the Visa AVS thing, something about being offshore - p'raps that will also cover them from Acacia.

[juliansosa]

Originally posted by Meni@Dec 24 2003, 09:19 AM
We are fine, thanks
Meni please let me know if Jenna plans to settle we can all buy some stock LOL

[Mike AI]

Originally posted by juliansosa+Dec 24 2003, 02:11 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (juliansosa @ Dec 24 2003, 02:11 PM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--Meni@Dec 24 2003, 09:19 AM
We are fine, thanks
Meni please let me know if Jenna plans to settle we can all buy some stock LOL[/b][/quote]


HAHA good point.

I am sure Platinum Dave is interested as well!

[sextoyking]

Damm they are going after companies one by one by one :(

I know the owners of National A1, they have some deep pockets. Hopefully all will get very good counsel and fight this..

[Winetalk.com]

Originally posted by sextoyking@Dec 24 2003, 03:00 PM
Damm they are going after companies one by one by one :(

I know the owners of National A1, they have some deep pockets. Hopefully all will get very good counsel and fight this..
Todd,
they will settle, mark my word...from the list of new "defendants",\
they were all picked up for being "bunny rabbits" and not "porcupines"
;-))))

[Mike AI]

Originally posted by Serge_Oprano+Dec 24 2003, 03:10 PM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Serge_Oprano @ Dec 24 2003, 03:10 PM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--sextoyking@Dec 24 2003, 03:00 PM
Damm they are going after companies one by one by one :(

I know the owners of National A1, they have some deep pockets. Hopefully all will get very good counsel and fight this..
Todd,
they will settle, mark my word...from the list of new "defendants",\
they were all picked up for being "bunny rabbits" and not "porcupines"
;-))))[/b][/quote]
they were all picked up for being "bunny rabbits" and not "porcupines"


Pearl !!

[Carrie]

Originally posted by Mike AI@Dec 24 2003, 02:27 PM
HAHA good point.

I am sure Platinum Dave is interested as well!
:stout: *spits soda*

[FightThePatent]

At InterNext, on Jan 5th (Monday) at 4pm is the Patent Panel with Spike, Greg Clayman, and myself.

The topic is to talk about how patents affect the Adult Industry and how to deal with them.

On one hand, you have the point that the industry should unite together, to form a common defense. Banding together can help to reduce the financial expenses of a lawsuit, as well as helping to take a stand (ie. Defense Fund/Defense Group/IMPA).

The threats of patent lawsuits are not limited to Acacia, and we may very well see adult industry players having their own patent lawsuits.

On the other side, you have the other point that businesses will react and do what is in their best interest. Should it mean paying the license, it's their business decision to do so.


The fundamental issue for the patent panel and even in this discussion between the two points, is really, do webmasters even care to band together? or will they all act as an island unto themselves and do what's best for them individually?

When you are faced with a company that has deeper pockets and a litigious agenda, it is very intimidating and daunting for a smaller company to be able to fight.

So maybe those with deeper pockets could afford to pay a license... but for the vast majority that don't, what are their options?

It is a grave abuse of patent and civil law when an entity can literally roll-over a company because they don't have the ability to fight.

This is why the ACLU and EFF were formed, to help the little guy fight against injustice.

And this is why i proposed Fight the Patent Foundation... but as we have all seen by the counter...the level of support has not been there...which gives an informal conclusion that webmasters will just deal with these stiffling issues on their own...

The current 11 defendants Feb 6th court day is certainly promising, and many are sitting on the sidelines waiting for that day.. but as you have seen by the topic of this thread, Acacia has added more lawsuits, and have proposed 2 class action lawsuits.

The entire Adult Industry will be adversely affected if the judge grants the class action status.

Even then, knowing that EVERY adult company is involved now, won't necessarily make companies rally together. It's just like public radio and PBS....many will watch/listen for free while others contribute to the funding.

With the large attendences of InterNext...I hope all webmasters will jam pack the Patent Panel to listen to what the panelists have to say, to listen to what your fellow webmasters have to say, and to voice your own thoughts and opinions.




Fight the Ostriches!