Let's talk about ACACIA

[Evil Chris]

An interesting read on YNOT News, and this article should be compulsory reading for all webmasters:

http://ynotnews.ynotmasters.com/issues/090403/page2.html

I would like to have a more amplified answer to exactly what "DMT Technology" really is. Is it a specific procedure, or specific data transfer process? Why does it only apply to video & audio?
Someone fill me in please...

[Paul Markham]

"our lawyers believe we have a X% chance of invalidating the Acacia patents. Here is the evidence that we have – it will cost $Y in legal fees if we win, and if we lose it will cost $Y in legal fees, you might have to pay $Z in back royalties, and you may not get a license for the future". There is their case. Out of his own mouth.

Cheaper to pay us than fight us.

Did he actually tell us what DMT is or does? No he side stepped it.

In fact, one company that got caught up in the frenzy recently came to us and spent $35,000 in legal fees before realizing that they don't even need a license.
Want to give us a name, did they come to you and then spend $35,000 or did you tell them that as they are not selling video they wasted their money. Or did you send them your licensing package?

We are confident that licensing Acacia's patents will soon be the norm for the industry, as opposed to the exception. The industry has far bigger problems to deal with than Acacia (e.g. credit card companies, shaving, etc.) and the relatively minor royalties we are seeking. We hope that the industry does well because if they don't make money, there won't be any royalties to collect.
Just start giving us money so you can move on and the next bunch of lawyers can move in.

Just tell us exactly what DMT is and how it was different from all the other downloading that was being done before 1991. Give us the Algorythems it's based on, or is it just the act of transmitting?

You want us to pay come and tell us what it is and why you deserve a piece of our industry. Also what are your feeling about the recent postponing of the vote regarding patents in the EU?

[Mister X]

These guys are totally out to lunch!
Our content provider license covers teaser clips on the content provider's Web site and the one time ftp transfer of content files. These are the infringing acts covered by the content provider license.
Is he actually saying that "DMT" covers the File Transfer Protocol just because the content happens to be a media file? What if the mpeg (or whatever) is enclosed in a zip file? Is that still covered by these ridiculous patents? Are they seriously saying that there patent covers ANY form of transfer of any video or audio file anywhere?



Our agreements provide that if at any time the patents are held to be invalid or unenforceable, royalty payments immediately stop. Anybody notice anything wrong with that? He is saying that if they lose the various cases and the patent turns out to be no good you won't have to pay the royalties anymore. Isn't that generous of them? However what he does NOT say is that you will get the money that you paid into their scam back. Very interesting.


The whole mess is plain evidence that the special interests and big businesses have far too much power. When a company can patent the "idea" of a technology, without actually developing any technology at all, the whole system is made a mockery. If I think that in X number of years a certain thing will happen, say that a plastic will be developed that is harder than the hardest metal we have today, I should NOT be able to get a patent just on that alone. I should actually have to do at least SOME of the work towards developing that technology. But that is in effect what Acacia seems to have done. If you license their "patented technology" do you actually recieve any technology to use? No. You are simply allowed to continue using technology that other people developed.

Money talks and if you can hire enough attorneys and make enough political contributions it seems that you can accomplish almost anything, no matter how ridiculous. Witness the recent efforts to make copying a single file a felony punishable by time in jail.

Also look at the current situation regarding prescription drugs. These drugs are available in Canada at between 20% and 80% lower prices than they are in the US. Several small to medium drugstores in Canada decided to exploit that difference in price and sell to American consumers looking for a bargain. the major drug companies of course raised a stink. Citing the need to ensure the safety of the American drug supply they have moved to block the sales, and a couple of the drug companies have actually threatened to stop selling to any pharmacy in canada that sells to Americans. What a load of bullshit! Is Canada some third world country with lax or nonexistent controls on drugs? I think not. The fact is that the companies fighting to block the trade are the very same companies that manufacture the drugs they say might not be safe.

Rant over, lol.

[Panky]

Interesting interview.

[StuartD]

I heard way back when that Acacia didn't even "invent the technology" as they so put it... that they bought the patents off another company, knowing that down the road, they could pull this sort of thing off.

Is that true?

[Paul Markham]

Stuart if you read what he says, he actually stated they were small share holders in the company, would like to see proof of that, and they bought the company in 2001. Wonder what else they have done with it.

This is just a legal scam, but does he sound confident he can win in court or is he bluffing people into paying up. Cheaper to settle than fight us, does not sound like a guy who know he had a Royal Flush. More like a guy with a small pair.

[StuartD]

Well, right away the whole basis of this was to go after smaller porn companies with no lawyers, work their way up and eventually have it in the palm of their hands and then move on to main stream stuff once they have the precedents....

that right there tells me.... he knows...

if he goes against msn, or cnn or any other big company right now... he'll lose. Flat out. He needs the precedents set.

So... the question is... why is he so sure he'll lose against the big boys?

[Paul Markham]

Originally posted by StuartD

So... the question is... why is he so sure he'll lose against the big boys? He has a lose patent at best and they will outspend him. He did not expect us to be as difficult as we are. Read the interview and think about what he is saying and why he is saying it.

As I said does not sound like a guy holding a Royal Flush.

[Evil Chris]

I would still like to have at the very least a vague definition of what this DMT technology is and how their patents cover it. Rob goes on and on about how the patents check out with literally everyone, but no details really of what the patent actually is.

Rob Berman needs to explain this.

[BillyHoe]

I would strongly recommend not getting too graphic about them on any message board. From what I've heard they are using boards like this as a tool to find webmasters. If you really want to know more about the case or what their claims are contact the IMPA I'm sure they'll let you know what the deal is.
These guys are definately for real and I doubt they'll go away.
They just recently shut down David Lace by going to his registrar(godaddy) and having the domain name seized.

[Evil Chris]

Billy, while I'm sure most appreciate what you're saying, I think even more webmasters aren't interested in the tactics Acacia is using to intimidate the adult webmaster community, and refuse to be afraid to say what's on their minds.

But reading up on IMPA's views and plans is certainly a good idea. People need to have perspective from both ends.

[Purple Haze]

BillyHoe- You beat me to the punch, I was going to say the same thing. That they are using the message boards to find webmasters and to see how we are discussing the Acacia issue. We should all be cautious on what we say regarding this issue.

Chris- I agree that the onus is on Acacia to prove to us how we are violating DMT Technology.

I haven't seen it posted on this thread, but for those who don't know of IMPA's website, here's the link:

http://www.impai.org/

Purple Haze

[LAJ]

Stay tuned for more coverage of this from both sides in future issues of YNOT news later this month ;)

[Evil Chris]

Originally posted by LAJ
Stay tuned for more coverage of this from both sides in future issues of YNOT news later this month ;) I'm looking forward to it Jay.

[dyonisus]

I just got a letter saying I am infringing upon this, and the funny thing is I dont have any active sites, except in the ARS BYOT program, does mean mean I have to pay???

I am a little confused and all my reading on the topic only leaves me more confused

[StuartD]

Originally posted by dyonisus
I just got a letter saying I am infringing upon this, and the funny thing is I dont have any active sites, except in the ARS BYOT program, does mean mean I have to pay???

I am a little confused and all my reading on the topic only leaves me more confused

EVERYONE seems to be getting letters the past few days, since a certain company (or 2) seems to have either given their client list or had it stolen.

[quotealex]

I just received a letter from Acacia Media this morning attached with two articles from Cnet. I'm thinking of contacting a lawyerin Montreal (Canada) next monday to see what he/she thinks about this letter!

[Paul Markham]

Originally posted by quotealex
I just received a letter from Acacia Media this morning attached with two articles from Cnet. I'm thinking of contacting a lawyerin Montreal (Canada) next monday to see what he/she thinks about this letter! Hang on to the letters, in fact everyone hang on to them.

I'm getting a lawyer involved and trying to see if we can sue them in a class action. Their patent is not legal in the US and what they are sending you amounts to extortion. The very least it's harrassment. We can kill them with their own game.

[Ronaldo]

Got my "Final" notice yesterday. Naturally, never got the first one.

Funny thing is, they sent it to me at work...to an employee of Xamo.

So now, they want the employees of content providers to pay royalties? Am I supposed to give them a percentage of my salary? roflmao

:nuts:

[Paul Markham]

Originally posted by Ronaldo
Got my "Final" notice yesterday. Naturally, never got the first one.

Funny thing is, they sent it to me at work...to an employee of Xamo.

So now, they want the employees of content providers to pay royalties? Am I supposed to give them a percentage of my salary? roflmao

:nuts: Email me this is what I'm looking for. paul at paulmarkham . com