what was the final resolution on Acacia issue?

[Winetalk.com]

subj

[Sharpie]

I didn't know it was finally coming to frutation. Any websites that might give us a clue?

[gonzo]

The latest I had heard was they have for all practical purposes bailed. The patent shit that held the blackberry hostage has brought it under scrutiny.

Ill poke around and see what Far L has to say.

[Winetalk.com]

I wonder if people pay them or not, I see their stock is on a high side

[JR]

I wonder if people pay them or not, I see their stock is on a high side
its because they have been buying more and more patent portfolios in addition to licenses sold outside of adult. it has nothing to do with adult stuff.

[Rolo]

Who wants to be posterchild for Acacia today? They want money, they can go to court :waving:

[CDSmith]

I wonder what it's like working for Acacia, knowing that the company you work for is viewed as a big slimey sewer leach by the entire business world.

Are there companies out there that still pay them? As far as I know, the answer to that is yes. Those who chose to settle still continue to pay as far as I've heard. No less than they deserve.

[MikeW]

They sent out another round of shakedown letters approx. ~6-9 months ago, I remember getting mine (the 3rd since this whole thing began) and throwing it directly into the trash.

[JR]

They sent out another round of shakedown letters approx. ~6-9 months ago, I remember getting mine (the 3rd since this whole thing began) and throwing it directly into the trash.
with an avatar like yours, you are obligated to ignore any threats! ;)

[PornoDoggy]

I wonder what it's like working for Acacia, knowing that the company you work for is viewed as a big slimey sewer leach by the entire business world.

Are there companies out there that still pay them? As far as I know, the answer to that is yes. Those who chose to settle still continue to pay as far as I've heard. No less than they deserve.
If the checks cash ...

[Mike AI]

If the checks cash ...

I was thinking that people probably said the same about being in the porn business.

[MissEve]

They sent out another round of shakedown letters approx. ~6-9 months ago, I remember getting mine (the 3rd since this whole thing began) and throwing it directly into the trash.

Same here. I haven't heard from them since.

[Robin]

They are probably a "sleeping tiger" right now - and we know what Serge says about that - don't we?

[Winetalk.com]

Robin, are they a BUY in your opinion?

[Far-L]

We are still fighting them but it has been a lot easier for us since the mainstream big media co.s were pulled into the same court, same judge - who now has ruled against them twice in the "markmen hearing" phase of the process. As a result Acacia has had to back off of one of their major claims which means all the subsequent claims based on that one are untenable positions.

They will appeal of course just because they are idiots that way but looks like we will all be out on non-infringement before anyone can say "Ron Levy dropped his pants for Acacia".


This means all the "smart business decision" companies that settled will be paying still for 20 more years or so.

[JR]

business decision" companies that settled will be paying still for 20 more years or so.
how so? its standard language that if the patent is invalidated etc, then the license agreement is no longer in force correct?

[Far-L]

how so? its standard language that if the patent is invalidated etc, then the license agreement is no longer in force correct?

No, because there is a difference between "invalidation" and "non-infringement". We are likely going to be out on non-infringement - meaning we don't have to go the extra long mile to get an "invalidation" of the patent. Conversely, everyone who signed and agreed to the patent validated it as applied to their own business.

I know all those who settled thought that we would spend all the cash to invalidate it while they sat back thinking they made the smart biz move. They will still have to pay. And pay, and pay, and pay...

[TheEnforcer]

They sent out another round of shakedown letters approx. ~6-9 months ago, I remember getting mine (the 3rd since this whole thing began) and throwing it directly into the trash.


:clapping: Nice to hear. :>))

Nice to see you around too!! :)

[JR]

No, because there is a difference between "invalidation" and "non-infringement". We are likely going to be out on non-infringement - meaning we don't have to go the extra long mile to get an "invalidation" of the patent. Conversely, everyone who signed and agreed to the patent validated it as applied to their own business.

I know all those who settled thought that we would spend all the cash to invalidate it while they sat back thinking they made the smart biz move. They will still have to pay. And pay, and pay, and pay...
oh... hahha.. so basically, you guys will have been found to be not infringing and the patent is still valid... so ron & co. have no recourse because they have already agreed that they were infringing?

[TheEnforcer]

oh... hahha.. so basically, you guys will have been found to be not infringing and the patent is still valid... so ron & co. have no recourse because they have already agreed that they were infringing?


That's what it sounds like to me too. I would expect a flurry of lawsuits from the people who settled stating that if Acaia lost out on the motions that allow people like Far-L and MikeW to tell them to bugger off that with them using the same technology they should eb able to as well. Not sure how successful that will be but I fully expect counter suits against Acaia should they be unable to get people liek far-l to pay.

[Far-L]

oh... hahha.. so basically, you guys will have been found to be not infringing and the patent is still valid... so ron & co. have no recourse because they have already agreed that they were infringing?

Yep, that is it in a nutshell.

[TheEnforcer]

Yep, that is it in a nutshell.


I would assume some of those people will try and sue Acacia though and try to force their hand after the final judgements in your cases assuming they don't go their way.

[Far-L]

That's what it sounds like to me too. I would expect a flurry of lawsuits from the people who settled stating that if Acaia lost out on the motions that allow people like Far-L and MikeW to tell them to bugger off that with them using the same technology they should eb able to as well. Not sure how successful that will be but I fully expect counter suits against Acaia should they be unable to get people liek far-l to pay.


The problem with that is then they will have to spend to fight the same case and it will be harder for them since they will have to overcome the fact that they agreed to the terms...

In other words - they will have to prove that they do their streaming exactly like anyone that is non-infringing does. While you may say "well everyone uses windows media" - the truth is everyone developed different techniques/technologies to serve wm. I can tell you we are not about to share any of our Prior Art with anyone that settled without a VERY STEEP price tag attached to it.

[JR]

my hats off to you guys farrel. i think you deserve the chance to gloat and i can certainly see where there would be a certain degree of satisfaction found in the situation those who agreed to settle with the logic of it being cheaper than fighting, will have to keep paying or fight anyway. :)

[TheEnforcer]

The problem with that is then they will have to spend to fight the same case and it will be harder for them since they will have to overcome the fact that they agreed to the terms...

In other words - they will have to prove that they do their streaming exactly like anyone that is non-infringing does. While you may say "well everyone uses windows media" - the truth is everyone developed different techniques/technologies to serve wm. I can tell you we are not about to share any of our Prior Art with anyone that settled without a VERY STEEP price tag attached to it.

You will certainly be in the proverbial "catbird's seat" if all plays out as planned for you.

[Far-L]

my hats off to you guys farrel. i think you deserve the chance to gloat and i can certainly see where there would be a certain degree of satisfaction found in the situation those who agreed to settle with the logic of it being cheaper than fighting, will have to keep paying or fight anyway. :)


Thanks!

I won't really be able to truly gloat until the full truth comes out about some of the companies that settled and what they did to friends, partners, affiliates in the name of trying to save their own asses.

[Far-L]

You will certainly be in the proverbial "catbird's seat" if all plays out as planned for you.


Thank you! I just hope everyone takes their business to the companies that fought this from day one.

Here are a few of them:

Homegrown Video
Video Secrets
AEBN
ARS
Lightspeed
Gamelink

[Robin]

I really hope this works out for you but Acacia's pockets are deep and their shares are on the rise - nevetheless, morally you guys deserve to win.

[gonzo]

Thank you! I just hope everyone takes their business to the companies that fought this from day one.

Here are a few of them:

Homegrown Video
Video Secrets
AEBN
ARS
Lightspeed
Gamelink

Thanks for the update and posting that reminder list.

[Jace]

wow, you know you have hit a good topic when lukeisback copies and pastes your thread

[Biggy]

I really hope this works out for you but Acacia's pockets are deep and their shares are on the rise - nevetheless, morally you guys deserve to win.

their shares are on the rise, pretty interesting.