Post by American ChickPost by yackI don't doubt they will threaten everyone, since it's free and easy to
send an email (just ask jenni).
Actually the packets that were sent out were to people's home and
business addresses. Snail mail. That's where some allegations that some
of the content providers had given out addresses, because some people
put in bs info in their domain info. But Acacia had their legit
addresses. Some friends of mine operate relatively small, personal
sites (cam), and have gotten the packets and are now trying to decide
what to do. The packets all came certified mail, so it's more than just
a nasty email.
It amounts to the same thing. Whether it's email or a registered
letter. It's a threat. It doesn't mean they expect to win in court.
Fear and intimitation is how you get money from folks.
I would also point out that the letters sent out aren't even legal.
Many of them are incorrec in the name and address information. They've
also been sent to people who aren't violating their main claim (i.e. no
streaming content). I'd take it more seriously if their name and
addresses were compiled using proper methods. Business name and
incorporations searches take time and money to compile, but are a
necessary step if you expect to have it stand up in court. You can't
just snatch a database from a content provider have expect it to be
accurate. Also, the content provider should be the one being sued, not
the resellers of the content. The whole thing is ridiculous. It's all
fear and intimidation.
Post by American ChickPost by yackFollowing up with an actual lawsuit is
another matter. I'd like to see them try frankly, since it's
ridiculous. It's not unlike saying I have to pay a license fee to talk
on the phone to someone. But the thing is, I don't think it will go to
court. They are trying to intimidate people into paying. The suckers
pay. The ones that don't probably won't get sued.
Acacia has already filed a number of lawsuits. That's why people are
running around trying to figure out what to do, to ignore the "final
warning" packets (there were previous packets that nearly everyone
ignored), to give in and pay (like Hustler and some other biggies did
already, but Acacia is basing it on your overall sales, and the lowest
amount I think you can get away with is 1500 bucks...for the little
guys, everyone else is being raped to the tune of 1-2 percent of their
gross sales), or to hire an attorney.
They filed lawsuits, and some have already been dismissed. Most likely
because they withdrew. They don't want to lose you see, because there
goes all their ability to threaten with the letter and get more suckers
to pay up. They will drag this on for years without ever completing a
court case.
Post by American ChickIt kind of reminds me of Al Gore inventing the internet, but they seem
to have some meat behind this one. And there's still confusion over
what isn't covered by all of their patents. The latest I can figure is
that live streaming media is NOT covered, but just about everything
else is, whether it's true streaming media, or just downloadable media.
First of all, Al Gore did invent the internet. (Thanks Al.)
They don't have meat. If they did, they would have picked someone as a
first target, sued them, got a judgement in their favour, and used that
as the club to force others to pay up or be sued. Instead, they're
trying to initimidate as many as possible *without* sueing anyone first.
Believe me, I understand your concerns. If I was a rich dude, I'd set
up such a business just for the opportunity to go to court and have it
struck down. In fact, I'd probably have a counter suit case if what
I've read about their tactics is true. ( But I don't necessarily
believe anything I've read on the internet. In fact, you and I might
not even be real. :)
Post by American ChickPost by yackI do appreciate the links you've provided. But I'd like to point out
that I haven't seen any qualitative information on the fighthepatent
website. It seems like fear mongering that gives vague information and
asks for a donation in the end.
Here's an older story from Forbes (though it says 700 companies have
http://www.forbes.com/home_europe/2003/04/02/cz_sl_0402porn.html
There's a lot more if you're interested. Just google Acacia and
lawsuits and I'm sure lots of stuff will turn up. :)
It will be interesting to see what happens when they decide to move
this out of this arena, and go after the big dogs like Real.com and so
on.
I find it interesting that they haven't gone after Real.com etc. They
know those folks have real lawyers, that they understand the technology
(since they're written it), that they have their own patents that may
defeat their claims, that they have the muscle to squash them if they
choose to harass them (can you say microsoft). I double dog dare them
to go after micro$oft.
When I say I want qualitative information, I don't mean websites with
opinions (instead of fact), or articles in main stream media (which are
also more about opinion than fact). I'm not interested in hearsay.
What I want is information that could be submitted in a court of law,
previous court case documents, that kind of thing. Even an opinion from
a patent/copyright lawyer might be nice. Without that, it's all just
conjecture.
As a bettering man, the cards on the table say it just won't fly in the
end. Anyone care to make a wager?