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I know you dont need advice from a newb, but I'd be careful about using words like "spam" and "Junk mail" when talking about them. They are a company full of lawyers.
I just remember one of Anna Nicole's lawyers was sued for almot a million bucks and lost it just for saying someone was confused under a "blizzard of documents".
Just looking out for ya, thanks for all the work you've done.
Originally posted by newb@Nov 27 2003, 10:15 AM I know you dont need advice from a newb, but I'd be careful about using words like "spam" and "Junk mail" when talking about them. They are a company full of lawyers.
I just remember one of Anna Nicole's lawyers was sued for almot a million bucks and lost it just for saying someone was confused under a "blizzard of documents".
Just looking out for ya, thanks for all the work you've done.
Originally posted by newb@Nov 27 2003, 07:15 AM I know you dont need advice from a newb, but I'd be careful about using words like "spam" and "Junk mail" when talking about them. They are a company full of lawyers.
I just remember one of Anna Nicole's lawyers was sued for almot a million bucks and lost it just for saying someone was confused under a "blizzard of documents".
Just looking out for ya, thanks for all the work you've done.
They can't sue you for referring to their offer to legally extort you as spam, junk mail, or pure shit.
Originally posted by newb@Nov 27 2003, 05:15 PM I know you dont need advice from a newb, but I'd be careful about using words like "spam" and "Junk mail" when talking about them. They are a company full of lawyers.
I just remember one of Anna Nicole's lawyers was sued for almot a million bucks and lost it just for saying someone was confused under a "blizzard of documents".
Just looking out for ya, thanks for all the work you've done.
Here we go then:
In my opinion Acacia are scammers, scumbags and nothing better than highway robbers!
They think by 'spaming' every one with their tripe that they're going to scare people into buying licenses, nothing but a scam. They should take their 'junk mail' and shove it!
In my opinion Acacia Lawyers are scumbags
In my opinion Acacia in General are scumbags
Originally posted by newb@Nov 27 2003, 07:15 AM I know you dont need advice from a newb, but I'd be careful about using words like "spam" and "Junk mail" when talking about them. They are a company full of lawyers.
thanks for the concern... but i am sure if pressed on the wording of a satirical piece, that i can find some attorneys who would be willing to help set case precedent as what constitutes "junk mail" and "spam" in relation to this issue.
Originally posted by FightThePatent@Nov 27 2003, 08:05 AM
thanks for the concern... but i am sure if pressed on the wording of a satirical piece, that i can find some attorneys who would be willing to help set case precedent as what constitutes "junk mail" and "spam" in relation to this issue.
Fight the Free Speech!
Thanks it's a great read.
I'm still torn if I'm going to sign or not. I really feel like this is just extortion and paying $1,500 now and another one in january would wipe me out. It would totally pick me clean. I have no fucking idea what I'm going to do. I wish the fees were more reasonable.
I'm still torn if I'm going to sign or not. reasonable.
I am currently talking to a patent attorney and a corporate attorney combo, to see if they can find an angle that would allow smaller webmasters who want to take a legal stand, to band together to put money in a fund that goes directly to legal defense (there is no Fight the Patent Foundation concept anymore)
The idea is that whoever is the first to actually be sued, the money would go towards their defense (assuming that webmasters put money into the defense fund).
The next webmaster that gets sued, can join the defense fund by putting in their share (ie $1,000) and they join the group... ..the new lawsuit will get folded into the existing lawsuit and tried as a group.
This defense group would be for TGP/affiliate/linker type people, that are a different crowd than the existing defense group (made up of paysites and direct infringers).
This group of people are 'contributory infringers' where you don't have any audio/video on your website, just links.. so it's not about prior art..it's about what really defines as 'contributory infringer' and whether you are liable or not.
Still waiting on some answers..have a meeting/dinner with one of the attorneys today, so i hope to have some answers. stay tuned.
This idea will only work if a large group of smaller webmasters band together.. otherwise, there is not enough money to properly defend the case...and then everyone will be left to defend themselves on their own.
"The idea is that whoever is the first to actually be sued, the money would go towards their defense (assuming that webmasters put money into the defense fund). "
well if they sued me and won, then the most the courts would award them is the $1,.500, right? and then I'd have to take a plane to California?
I mean the judge wouldn't award something like $20k. It would just be the amount that acacia was asking for.
Originally posted by newb@Nov 27 2003, 11:16 AM "The idea is that whoever is the first to actually be sued, the money would go towards their defense (assuming that webmasters put money into the defense fund). "
well if they sued me and won, then the most the courts would award them is the $1,.500, right? and then I'd have to take a plane to California?
I mean the judge wouldn't award something like $20k. It would just be the amount that acacia was asking for.
newb, and I am as serious as a hard on..
you shouldn't be in this buisness at all...
do you know how many local community standards you violate on the daily basis and you will be thrown in JAIL one day if prosecuted?
Originally posted by Serge_Oprano@Nov 27 2003, 08:20 AM
newb, and I am as serious as a heart on..
you shouldn't be in this buisness at all...
do you know how many local community standards you violate on the daily basis and you will be thrown in JAIL one day if prosecuted?
Thanks Serge, I'm just asking quetions, it costs nothing to ask.
"No! They could get "reasonable royalty fees" from the first day of business where you were infringing.
Fight the Plane Trip!"
FTP - I love your quotes
can't thank you enough for your help. It's really helpful to me.
I realize the historical irony of this holiday, but nonetheless, it is a time to reflect upon our family, careers, and life to be thankful for good fortune, and to seek good fortune when in bad times.
Originally posted by FATPad@Nov 27 2003, 08:25 AM How big are you? Do you have a ton of cash to fight on your own?
no, I make a few grand a month in this but after bandwith, content, traffic, taxes, yadda yadda I dont have much left.
But I think I have the potential to make some real money but it's so fragile, held together with a couple thousand dollars and I dont want to fuck it up and have to go back to a day job. I gave a little to the impa too but under a diffrent name than this one.
i agree 100% with what you say and now that I know that losing a case against this patent wont bankrupt me I'm more inclined to fight it
FightThePatent... i'd point out a few things about you.
A) You're stupid. People have offered you money but you havent taken it? Judge people by their actions not their words. You talk a lot, but despite receiving "promises" for money you have not actually taken any ACTION to help defeat patents. Sorry bud, I dont trust anybody who his offered money but doesnt take it. Usually means there is another agenda.
You're helping the enemy. Every time you make one of your posts about this matter you only serve to perpetuate the over-active imaginations of most webmasters and perpetuate the mentality & fear that companies like acacia hope to embed in the mind of every idiot who chooses to navigate the intracacies of patent law by reading your posts instead of consulting counsel.
Do you work for acacia? Because I hope you are aware that you have been one of their #1 advertisers.
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Quickbuck is paying $100 Per trial join.
Originally posted by Hooper@Nov 27 2003, 10:30 PM Do you work for acacia? Because I hope you are aware that you have been one of their #1 advertisers.
Nope.
Providing awareness is a double edged sword... but I feel that knowledge has helped more to cope/deal with the situation.
"Ignorance is bliss" only in fairy tales....and serves no purpose for business.
Knowing what you are up against, despite not being able to do anything about it is...is better than being ignorant about it.
I am actually IMPA's biggest marketer and supporter.....i promote them and the Defense Fund more so than even they do.....
It's always pitiful to see people attacking/criticizing my efforts. If I took people's money, then you would say i was in it for a scam. Since I didn't take people's money, i am stupid.... so either case, you and other detractors will always have something to say. I say what i mean and mean what i say.. i am a straight shooter.
As far as action goes.. i have done alot more action than you have done to belittle my efforts... the search for prior art has yielded some great finds, as well as some expert witnesses for testimony for the defense.
If you are getting bored of all the acacia threads....turn the channel.....there are many more people out there that appreciate my efforts.
On the ARS radio show, the patent attornies were asked about jurisdition.
They can't just go sue everyone in California, if you do not operate there. They have to come to you.....
That makes a big difference - they don't have the money to sue everyone, and fly around the country.
Originally posted by Sharpie@Nov 28 2003, 02:14 PM On the ARS radio show, the patent attornies were asked about jurisdition.
They can't just go sue everyone in California, if you do not operate there. They have to come to you.....
Not true... Acacia has jurisidiction.
The way it works is if they can prove that someone in california has accessed the "infringer's" website, then they have home turf advantage.
All it takes is someone from Acacia, in their california office, to visit a website, see video, listen to audio, see affilaite links, etc...and blam...they have just gotten the right to file suit in California.
Other civil actions may require that you file in the state of the business...but patent law is a federal level issue, and Acacia DOES have the right and the ease of filing lawsuits in california.
Originally posted by FightThePatent+Nov 28 2003, 05:36 PM-->
QUOTE (FightThePatent @ Nov 28 2003, 05:36 PM)
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Make big money on your Domains! Why wait 40 days to get paid with the other guys? Parked.com pays the most for your traffic, and cuts checks twice a month!
FTP... one thing that many people dont realize about the boards is that they are widely read, there are 99 lurkers for every poster and your words have power.
Q: What does Acacia need in order to influence webmasters and win licenses?
A: Awareness of their "existance", Fear of their "wrath", A strong belief that they should be "taken seriously".
How many other threads on any board do you see about Acacia *RIGHT NOW* besides yours? Collect prior art, discuss these matters tastefully when other people bring them up, and DONATE MONEY, but good lord man... if i was Acacia, i would have asked that you write this thread with the very same title.
My comment about the money was absolutely accurate, while a "go get em" attitude is wonderful and I'm sure the IMPA appreciates your moral support and whatever contributions of prior art you have given them, I'm sure they would appreciate the $40k that you received commitments for but didn't collect.
My point? You're helping IMPA, but your eager beaver attitude is actually doing more harm than good because the one thing that Acacia does not want is the "legal bowels of hell" and if 10,000 webmasters simply dont respond to their letters and actually wait for a suit before they respond, then they WILL be in the legal bowels of hell. If all of them call in asking to settle because they've "heard a lot about it on the boards from some guy named FTP" then they will have gotten exactly what they wanted.
But I congratulate you, i'm sure your efforts have lead to more than one phone call to Berman asking what his rates are.
Finally, what do you think will win this trial? Lawyers, and lawyers arent free. Lawyers cost $$$. All the moral support in the world is great, but til the lawyers are paid that moral support is empty.
Stop raising awareness of the issue and the deadline, especially so close to their "deadline". You're helping the bad guys.
__________________
Quickbuck is paying $100 Per trial join.
Originally posted by Hooper@Nov 28 2003, 04:50 PM
Stop raising awareness of the issue and the deadline, especially so close to their "deadline". You're helping the bad guys.
Listening to suggestions like yours helps the bad guys win through division.
It's rather naive to think that webmasters wouldn't know that they should consult an attorney... why do i need to have to say that with every post?
I give the webmaster some credit, that they understand some principles of business...while so many ARE NOT incorporated, at least they do know they should consult a lawyer, but most DO NOT HAVE THE MONEY to do so. So reading about what the story is about, is helpful. It doesn't replace seeking an attorney, but it sure helps to atleast not be ignorant of the issues.
It's also a poor observation to think that the $35K in pledges i received are from people who didn't also donate to IMPA.
Do you think people ONLY have $100 in their pocket? Could it be that some donated to IMPA..and then decided that my proposal was worthy of supporting? I took down my proposal, because there wasn't enough of a demand/mandate for support.
Do you think that my efforts "stole" away an extra $100 from IMPA? People make their own decisions. The Defense Fund, the pooling of money from the defendants, pays the bills, not donations to IMPA.
The money given to IMPA supports IMPA functions, one of which is paying for prior art seaches, dealing with "virtual sex" trademarks, and whatever association matters.
As far as what you think my postings and article do to support acacia.. in case you didn't check your calendar, November 30th is on a sunday. The 26th was the last business day (assuming Acacia took off on friday) to do anything.......
My article was about paying attention to this issue, and supporting things like IMPA (and the Defense Group), rather than doing nothing.
If I or anyone else didn't post anything about Acacia...then no one would see the need to support IMPA because they would be existing within the vacuum of a message board.
I really can't see how you can criticize my efforts when you have posted on several boards about "matrix going bankrupt". Do you know for a fact if they are going bankrupt? Notice how your posts on this topic have allowed people to jump in on your bandwagon? What happens if Matrix is not going bankrupt? How has the power of your words influenced negative thinking and action?
I take it as a compliment when you say that my "words have power", but knowledge is power, not my words. Webmasters formulate their own conclusions.
So what is your point? That i should shut up? Stop posting?
For those lurkers out there... if you have not consulted an attorney about Acacia or have not joined up with IMPA...jump off a cliff!
Originally posted by Hooper@Nov 28 2003, 07:26 PM I'm suggesting that you stop using alarmist tactics.
My comments about Matrix were for a very specific and selfish reason. I didnt claim I was posting for anybody's benefit but my own flock's.
Trust me. I understand posting.
So when you posted on couple boards that maybe Matrix was going bankrupt..... you don't think that is alarmist?
I stand by what i say and write.... do you?
After a few IM, a few emails, and a phone call, i got an answer from Matrix's "numbers guy".,..... i don't care about your affairs with Matrix and however that Matrix conducts their business... and the only question i was interested was based on your posts... are they going out of business.
The simple answer is NO, they are not going out of business. That's all i needed to hear.
So, how can i take a lesson from you about posting, when you say my posts are alarmist and you think yours isn't?
Originally posted by Hooper@Nov 28 2003, 07:38 PM 1) bottom line ftp. you're heart is in the right place and i think thats a great thing.
2) but imho you're overzealous to the point of helping your competitors b/c any pr is good pr when nobody knows you.
1) thanks.....and i am sure you are a straight shooter as well
2) i understand your points and concerns...and respect the time you have taken to present them. I am sure you will understand that it to be no disrespect that i continue to do what I have been doing.
There is no hidden agenda.. I have been very open and honest about my efforts and motives.... Acacia is not the only patent holder to be worried about.. Besides USA Video, there are other patent holders, some within the industry that could be up and coming with Acacia-like tactics.
Should there be any question of my motives, feel free to scrutinize... i welcome and invite it... i have taken plenty of constructive criticisms, jabs, and attacks...and always have held my ground with truth, conviction, honesty, and integrity.
11-27-2003
You're helping the enemy. Every time you make one of your posts about this matter you only serve to perpetuate the over-active imaginations of most webmasters and perpetuate the mentality & fear that companies like acacia hope to embed in the mind of every idiot who chooses to navigate the intracacies of patent law by reading your posts instead of consulting counsel.
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