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Old 11-07-2003   #1
FightThePatent
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I am starting to get reports that Acacia is cold-calling people to verify information..as well as making verbal comments about the person's infringing on the patents by a telemarketing-style operator.

Both reports were called at their home phone number, and they were being asked to verify their websites....so it sounds like they have someone digging through WHOIS database and trying to connect names with websites.....

Sounds like to be preparation for what i have been saying will happen next, which is in December, expect to see more lawsuits filed...

I believe the strategy is to do just like what they have already done...file a bunch of lawsuits and use an eminent court trial as a method for settling.

If people have been receiving calls, please ICQ me at 52741957.

Don't post a response here to protect your identity since Acacia does read the board.


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Old 11-07-2003   #2
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Videos are evil. Just scan your content from porn-mags. That's what I do.
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Old 11-07-2003   #3
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In case you were not aware, most answering machines have a record feature that allows you to record your phone conversation.

Any interesting article about recording phone conversations and its use in court can be found at:

http://yarchive.net/phone/call_recording.html


From this article, it seems that it is legal to record a conversation (without telling someone...journalists do this sometimes), but it's not direct evidence in court, but could be admissable to corroborate testimony.

The guy presents an interesting tip to help prove authenticity:

"One of the big things you'll need to do is to be able to prove the authenticity of the tapes and to prove the time and dates of the recordings. What I did was after the call was finished and with the tape still rolling, I'd dial the local time and temp. number and get a time stamp or for really important calls, I'd call the National Observatory number in DC. The DTMF would be recorded and the charge would show up on the phone bill."



Here's the number: 202-762-1401 (http://tycho.usno.navy.mil/)

I just called it myself and it works.


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Old 11-07-2003   #4
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I talked to one webmaster who got a cold-call to his home number. His WHOIS info has his office number..and when i mentioned Matrix db, he connected back to a possible memory that in the very beginning of his business, he did visit Matrix and purchased Matrix content and might have used his home phone number then, before later getting an office number.

He did receive a Final Notice letter.

He said the person calling was like a telemarketer..they had no details of how/why he was infringing other than his name was on a list, and they were verifying the information. He asked how he was infringing and the caller said they could have a legal representative contact him.

They listed an old website that he believes further confirms it was matrix db, because they did not have his more recent and more active websites.


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Old 11-07-2003   #5
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Quote:
Originally posted by FightThePatent@Nov 7 2003, 09:34 AM
They listed an old website that he believes further confirms it was matrix db, because they did not have his more recent and more active websites.
Hehehe.. the site I had in the matrix database currently has a meta refresh to a videopaysite (not mine). I wonder if I get a call.
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Old 11-07-2003   #6
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there have been reports of this, but i havent.

hell i dont answer the phone anyway.

all my friends know to whistle or soemthing when the answer machine kicks in.

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Old 11-07-2003   #7
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these people just seem to be so desperate and clueless.
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Old 11-07-2003   #8
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Quote:
Originally posted by JR@Nov 7 2003, 10:39 AM
these people just seem to be so desperate and clueless.
That's the best summary I've heard so far.
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Old 11-07-2003   #9
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Hrmm... cold calling to verify contact information and request money... wasn't there just a national no-call database set up for this sort of thing?

Addendum: Although the above is made in jest, it does seem that this sort of calling could either cross into the telemarketing arena and/or be grounds for a harrassment suit.
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Old 11-08-2003   #10
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Quote:
Originally posted by FightThePatent@Nov 7 2003, 05:12 AM
I am starting to get reports that Acacia is cold-calling people to verify information..as well as making verbal comments about the person's infringing on the patents by a telemarketing-style operator.

Both reports were called at their home phone number, and they were being asked to verify their websites....so it sounds like they have someone digging through WHOIS database and trying to connect names with websites.....

Sounds like to be preparation for what i have been saying will happen next, which is in December, expect to see more lawsuits filed...

I believe the strategy is to do just like what they have already done...file a bunch of lawsuits and use an eminent court trial as a method for settling.

If people have been receiving calls, please ICQ me at 52741957.

Don't post a response here to protect your identity since Acacia does read the board.


Fight the Patent!

It's unfortunate. Now that the judges are switched it's entirely possible they will be allowed to add more cases to the docket.

Did anyone ever get an update from Farrell regarding the Nov. 7th court date?

I saw it announced on another board but never saw a follow up.
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Old 11-08-2003   #11
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Quote:
Originally posted by FightThePatent@Nov 7 2003, 09:34 AM
I talked to one webmaster who got a cold-call to his home number. His WHOIS info has his office number..and when i mentioned Matrix db, he connected back to a possible memory that in the very beginning of his business, he did visit Matrix and purchased Matrix content and might have used his home phone number then, before later getting an office number.

He did receive a Final Notice letter.

He said the person calling was like a telemarketer..they had no details of how/why he was infringing other than his name was on a list, and they were verifying the information. He asked how he was infringing and the caller said they could have a legal representative contact him.

They listed an old website that he believes further confirms it was matrix db, because they did not have his more recent and more active websites.


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This has happened to me, twice!!
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Old 11-08-2003   #12
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Quote:


Originally posted by Squirt+Nov 7 2003, 09:49 PM-->
QUOTE (Squirt @ Nov 7 2003, 09:49 PM)
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Old 11-08-2003   #13
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Quote:
Originally posted by Squirt@Nov 8 2003, 12:49 AM
It's unfortunate. Now that the judges are switched it's entirely possible they will be allowed to add more cases to the docket.

Did anyone ever get an update from Farrell regarding the Nov. 7th court date?

I saw it announced on another board but never saw a follow up.
The lawyers and judge had a conference call to discuss things and try to set up a schedule to get this all resolved.

Some type of action is going to happen on the 21st - a preliminary hearing, maybe? But it's the next date to watch.
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Old 11-08-2003   #14
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Today was simply a status conference, but it went very well for us. Details will be available shortly.
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Old 11-08-2003   #15
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Quote:
Originally posted by JSA Matt@Nov 7 2003, 10:44 PM

This has happened to me, twice!!
Give me a shout.. ICQ: 52741957
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