Acacia Settlement (WTF!)

[Lee]

Wonder how this will affect the outcome of the class action suit now

http://www.avn.com/index.php?Primary...ntent_ID=33308

Regards,

Lee

[The Newbie]

Only fucktards use Active X on a web page. Twice!

[Danny_C]

I don't think it'll necessarily affect the outcome.

But I don't get it. I can't say I understand why FM wouldn't fight. It makes no sense, unless there's more to the agreement than we know.

[TDavid]

Originally posted by Danny_C
I don't think it'll necessarily affect the outcome.

But I don't get it. I can't say I understand why FM wouldn't fight. It makes no sense, unless there's more to the agreement than we know.

Actually, I think this is a wise business move for them. Think about it for a minute.

Look at the article where it says there were waivers protecting previous infringement claims and that if it turns out that Acacia is overthrown in court then they will owe CE all the royalty fees they collect

As we all know, legal fees can become extraordinarily expensive. The deal that it sounds like that they struck seems pretty fair if it keeps them directly out of court for years.

And who is to say that CE Cash doesn't continue to help those who fight against Acacia. Lot's of "quiet" ways to finance a cause, if you know what I mean.

[Danny_C]

Well, I have my ideas about what's going on (in fact, I'd put money on it)... but I'm not going to speculate publicly until I learn more about it.

You are right about one thing... this was a good business move for him.

[Titmowse]

well, at least the Internet Media Protective Association haven't given up and rolled over.

[TDavid]

Originally posted by Titmowse
well, at least the Internet Media Protective Association haven't given up and rolled over.

titmowse - you are something else LOL

1) I don't think this is a sign that CE has "given up and rolled over". How do you know what support they are still giving these organizations? The key point that I gathered was that if the Acacia thing turns out to be bogus (like almost every reasonable thinking webmaster thinks it will be) then they can recoup all their royalties paid to Acacia, that's a great insurance plan for whatever happens down the road. Why don't you address this point instead of just dropping a cheap shot at them (and anybody who chooses to settle)?

2) If it was your money, then you'd be making a settlement like this in a hurry. So maybe you ought not to be so quick to judge others by credos you wouldn't follow/adhere to yourself if put in the same situation in your business.

3) It's always easier to talk about how other people should do things in their respective business -- or comment in hindsight about what choices they have made -- but when and if faced with having to sit down and write the actual checks, the situation invariably is a different story for the person in the mirror.

Then again, maybe you have a million plus bucks laying around ready to throw at these Acacia patent infringement suits and would be happy to contribute and evangelize the cause financially.

I know you can formulate a much, more intelligent response than the one sentence GFY-cliched quip you made above, so I hope you'll return and give a real response to this important story.

Perhaps you just were in a hurry?

[Titmowse]

Originally posted by TDavid
titmowse - you are something else LOL

1) I don't think this is a sign that CE has "given up and rolled over". How do you know what support they are still giving these organizations? The key point that I gathered was that if the Acacia thing turns out to be bogus (like almost every reasonable thinking webmaster thinks it will be) then they can recoup all their royalties paid to Acacia, that's a great insurance plan for whatever happens down the road. Why don't you address this point instead of just dropping a cheap shot at them (and anybody who chooses to settle)?

2) If it was your money, then you'd be making a settlement like this in a hurry. So maybe you ought not to be so quick to judge others by credos you wouldn't follow/adhere to yourself if put in the same situation in your business.

3) It's always easier to talk about how other people should do things in their respective business -- or comment in hindsight about what choices they have made -- but when and if faced with having to sit down and write the actual checks, the situation invariably is a different story for the person in the mirror.

Then again, maybe you have a million plus bucks laying around ready to throw at these Acacia patent infringement suits and would be happy to contribute and evangelize the cause financially.

I know you can formulate a much, more intelligent response than the one sentence GFY-cliched quip you made above, so I hope you'll return and give a real response to this important story.

Perhaps you just were in a hurry?

oh i fully understand the decision made was a logical one for CE. i understand they have employees and affiliates and people who depend on their solvency. i get why they did it. i don't have to like it.

[baddog]

I don't know that CE really rolled over, I think it is probably more like a calculated investment in their future.

They were able to afford to enter this agreement, knowing full well that the investment could end up paying off in the future. But, what do I know?

[Raven]

I am not privy to the inner workings of CE, nor is Ron an asshole buddy who confides in me.

BUT - I believe this to be a wise business decision on the part of CE. If Acacia wins, we're talking about 6 years of retroactive fees.

FM posted on GFY and stated unequivocally that he will continue to support those who are actively fighting Acacia's lawsuit. And, I believe he will.

As a business move, it's the only one he could make to keep his company viable.

While it looks terrible on the surface....I don't believe it is, even though the agreement seems to lend credibility to Acacia's ridiculous suit.......

At the end of the day, the survival of a business is paramount....altruism is not part of any sound business plan.

While I might not like FM's decision on a personal level.....personal feelings cannot interfere with the bottom line of a company.

[The Newbie]

Originally posted by Raven
I am not privy to the inner workings of CE, nor is Ron an asshole buddy who confides in me.

I knew Ron was behind all this. His voice is unmistakable.

CE Cash, of course, is one of my sponsors.

Go, Ron!

[GeminiX]

Could someone please enlighten me as to what patens Acacia owns and is fighting so desperately to protect. As far as I understand it has nothing to do with a video codec, and it’s something to do with video streaming.

Thanks

[Raven]

http://www.wired.com/news/business/0,1367,59598,00.html

That's a start....do a search on Google....just type in Acacia..there's lots of info.

[GeminiX]

Originally posted by Raven
http://www.wired.com/news/business/0,1367,59598,00.html

That's a start....do a search on Google....just type in Acacia..there's lots of info.

Thanks Raven

[Raven]

Sony has already signed an agreement for the v chip technology, as have a few others on that end.

As to the streaming video, Virgin Records has signed an agreement and CE Cash has, also.

There are others who have signed...but, at the moment, I can't think of who else.

[The Newbie]

Originally posted by Raven
As to the streaming video, Virgin Records has signed an agreement and CE Cash has, also.

Virgin is one of my valued sponsors. The Virgin boss, Richard Branson is my hero(A billioner who doesn't suck like Bill Gates)

OK, smart geeks: come up with an alternative technology to steaming so that this Arcacia owners (who just "bought" the tech on the cheap) can't fuck us pimps.

[Kath]

Okay....Cozy owes me ANOTHER monitor! lmao

*cleans the coffee off the monitor*

And...no need to comment on the thread...Raven/Titmowse pretty much summed it all up for me...

[homegrownspike]

Just wanted to clear up some misconceptions regarding Acacia and their victories. I posted this on GFY

Let me preface this by saying that this is my opinion and is supported by Acacia’s own words. Be aware that Acacia watches the boards. Further Acacia is attempting to amend their complaint to punish us for banding together. More on this in the coming days. I'll speak about a few of Acacia's tactics and tell you my opinions.



Acacia Tactic 1: They are going after everyone whether you stream, zip, download, or link. For example sites that have affiliate links to other sites with video are being targeted. Read the article at

http://www.avn.com/index.php?Primar...ntent_ID=34286. This article talks about Acacia's litigation tactics and its recent decision to pursue default judgments against people who did not respond to the lawsuit they filed. The article says that:

Acacia vice president Rob Berman said July 18 that whether or not the defaulted companies are out of business isn't exactly going to prove an obstacle. If they've suspended operations or gone out of business, he said, that's one thing, but if they turn out to be trying to hide, that's something else entirely. And Acacia isn't going to stop with just content providers or AVS services, either.

"We have a team of researchers that does nothing but identify these groups," Berman said. "Content providers, AVSs, Webmasters, affiliate programs. Just because we haven't contacted you yet, it doesn't mean we haven't heard of you and that we're not going to get in touch with you."



Acacia Tactic 2: Acacia's trumpeting that it secured "Injunctions against Adult Webmasters and Content Providers for Violating Acacia's Patents"
This is a scare tactic, nothing more. The companies that they sued never showed up in court hence as a matter of administration they had a default judgment entered against them. There has been no entry of injunctions against companies that have decided to fight this matter.



Acacia Tactic 3: Acacia's claims about its VChip Litigation. This is what really happened (from its quarterly statement). They lost!
http://biz.yahoo.com/e/021113/actg10-q.html

On April 5, 2000, Soundview Technologies filed a federal patent infringement and antitrust lawsuit against Sony Corporation of America, Philips Electronics North America Corporation, the Consumer Electronics Manufacturers Association and the Electronics Industries Alliance d/b/a Consumer Electronics Association in the United States District Court for the Eastern District of Virginia, alleging that television sets utilizing certain content blocking technology (commonly known as the "V-chip") and sold in the United States infringe Soundview Technologies' U.S. Patent No. 4,554,584. In September 2002, the United States District Court for the District of Connecticut granted a motion for summary judgment filed by the defendants. In granting the motion, the court ruled that the defendants have not infringed on Soundview Technologies' patent. While we are currently exploring strategies in response to this ruling and intend to appeal it, litigation is inherently uncertain and we can give no assurance that we will be successful in any such appeal.



Opinion 1: This is in my opinion but it would appear the latest licensing drive is along the lines of Acacias apparent policy to pick on little companies unable to defend themselves in patent litigation.





Opinion 2: Whatever you do be sure to consult an attorney regarding the contract they sent you. You will be stuck with the contract you sign.



Opinion 3: If you are a foreign webmaster don’t think that will keep you safe. As long as you do business in the US Acacia can reach you.



Opinion 4: Acacia has said they are coming to the show so I believe it behooves everyone to act in a professional manner.



As always feel free to contact me if you have any questions. 949-716-8080 spike@homegrownvideo.com

[Shagira]

I can't read the article because I've removed active-x from my pc.

The danger in making settlements is that it funds the continuance of the operation. There is also no guarantee that you will get anything back as lost cases will cause the company to be wound up. Wouldn't a better idea be to pay money into an escrow fund pending a binding decision.

[Raven]

Originally posted by homegrownspike
Just wanted to clear up some misconceptions regarding Acacia and their victories. I posted this on GFY

Let me preface this by saying that this is my opinion and is supported by Acacia’s own words. Be aware that Acacia watches the boards. Further Acacia is attempting to amend their complaint to punish us for banding together. More on this in the coming days. I'll speak about a few of Acacia's tactics and tell you my opinions.



Acacia Tactic 1: They are going after everyone whether you stream, zip, download, or link. For example sites that have affiliate links to other sites with video are being targeted. Read the article at

http://www.avn.com/index.php?Primar...ntent_ID=34286. This article talks about Acacia's litigation tactics and its recent decision to pursue default judgments against people who did not respond to the lawsuit they filed. The article says that:

Acacia vice president Rob Berman said July 18 that whether or not the defaulted companies are out of business isn't exactly going to prove an obstacle. If they've suspended operations or gone out of business, he said, that's one thing, but if they turn out to be trying to hide, that's something else entirely. And Acacia isn't going to stop with just content providers or AVS services, either.

"We have a team of researchers that does nothing but identify these groups," Berman said. "Content providers, AVSs, Webmasters, affiliate programs. Just because we haven't contacted you yet, it doesn't mean we haven't heard of you and that we're not going to get in touch with you."



Acacia Tactic 2: Acacia's trumpeting that it secured "Injunctions against Adult Webmasters and Content Providers for Violating Acacia's Patents"
This is a scare tactic, nothing more. The companies that they sued never showed up in court hence as a matter of administration they had a default judgment entered against them. There has been no entry of injunctions against companies that have decided to fight this matter.



Acacia Tactic 3: Acacia's claims about its VChip Litigation. This is what really happened (from its quarterly statement). They lost!
http://biz.yahoo.com/e/021113/actg10-q.html

On April 5, 2000, Soundview Technologies filed a federal patent infringement and antitrust lawsuit against Sony Corporation of America, Philips Electronics North America Corporation, the Consumer Electronics Manufacturers Association and the Electronics Industries Alliance d/b/a Consumer Electronics Association in the United States District Court for the Eastern District of Virginia, alleging that television sets utilizing certain content blocking technology (commonly known as the "V-chip") and sold in the United States infringe Soundview Technologies' U.S. Patent No. 4,554,584. In September 2002, the United States District Court for the District of Connecticut granted a motion for summary judgment filed by the defendants. In granting the motion, the court ruled that the defendants have not infringed on Soundview Technologies' patent. While we are currently exploring strategies in response to this ruling and intend to appeal it, litigation is inherently uncertain and we can give no assurance that we will be successful in any such appeal.



Opinion 1: This is in my opinion but it would appear the latest licensing drive is along the lines of Acacias apparent policy to pick on little companies unable to defend themselves in patent litigation.





Opinion 2: Whatever you do be sure to consult an attorney regarding the contract they sent you. You will be stuck with the contract you sign.



Opinion 3: If you are a foreign webmaster don’t think that will keep you safe. As long as you do business in the US Acacia can reach you.



Opinion 4: Acacia has said they are coming to the show so I believe it behooves everyone to act in a professional manner.



As always feel free to contact me if you have any questions. 949-716-8080 spike@homegrownvideo.com

Thank you, Spike...and welcome...I'm hoping you've arrived here via my email....and, even if you didn't....welcome anyway.

Thank you for taking the time.