How do I deal with Acacia?!

[ladydesigner]

I thought I'd ask everyone's opinion on a letter I received today from Acacia claming this was my "final notice" (haven't ever received anything from them before!). They sent me a letter addressed to my design company, AVS Designer. My design site doesn't have any video content on it at all. I do have one or two free sites and a couple tgp galleries that have videos on them but we're talking 4 or 5 sites max! Why in the world would they send me a patent infringement notice?! I'm such a small fish in this whole thing. I can't believe this is happening. Anyone have any advise on how I should respond to their notice?

Thanks in advance.

[Cleo]

I got one too.

I filed it away and that is basically all that I plan on doing. I do not produce content or run any paysites so I would be really surprised if I need to give this a second thought.

This seems to be the year of suing. I see that X10.com has been sued for using pop under consoles since someone is claiming they invented the idea. Slashdot has a thread going about this one.

[ladydesigner]

Thanks Cleo. I'll calm down now and try to breath. Do you think I should maybe take down the few sites I have up with movie clips to be "safe"?

[hermit]

I got one a while back. Im removing every movie file from every one of my domains. and im not paying them a dime. i just hope they dont decide to pantent jpegs.... only in america eh

rl

[wizzard]

None for me yet, but I doubt they would go after someone from outside the US

[Cleo]

I'm not a lawyer so I can't give any advice, but I will say that I'm not doing anything with any of my stuff.

[ladydesigner]

I too was disturbed by some of the big names that where mentioned in the letter as having settled and paid the fine. I won't be paying them any money - ever. So for me I think I'll take down the clips and be done with it.

hermit is right - God help us if someone decides to patent images.

[Surfn]

I got a letter from them in Aug regarding some of my pay sites. I turned over to my attorneys. They didn't seem concerned.

[Extreme John]

Originally posted by Surfn
I got a letter from them in Aug regarding some of my pay sites. I turned over to my attorneys. They didn't seem concerned.

Thats a good call Surfn, however I would hardly ignore the letters if you recieve them, ignoring the letters has proven to be a very bad call for a few companies out there. At very least get it to your Attorney or get in touch with Far-L or Spike from Homegrown.

[StacyCat]

The letters are not official. They are openly spamming an affiliate programs webmaster list to see how many bite. In order to go through courts to shut someone down, they would have to "officially serve" you, which means getting a signature. I think.

Ask your lawyer

What would those who settled with Acacia do if Acacia said something like this?

"Your affiliates are protected now, because you signed up. So we need them listed to make sure we do not pursue them."

Acacia then have a list of webmasters and the knowledge that few of them work for one sponsor.

What we need is people who got the package to an address only know by sponsors to list those sponsors. It will not take a genius to see which names pop up consistently against who has settled. We may even find a few who have settled and kept quiet about it.

[cockNballs]

"They are openly spamming an affiliate programs webmaster list "

Who gave them their affiliate webmaster list?

THey shouldn't do that, if you can figure out who that is pull your lnks and don't do any more biz with that company.

We've received quite a few letters but haven't been served, all letters go to our lawyers

[Cleo]

I thought they got my name from doing a domain name lookup.

Originally posted by Cleo
I thought they got my name from doing a domain name lookup.

No it seems somes are going to addresses not on URL registrations. We need to start a list.

[virux]

yo what the hell is going on??
i don't even do mainstream..

i don't own no damn paysite..
never bought or used any audio/video content for my domains...

fucken idiots......

i ain't paying shit lol....

unless i own a paysite.... i ain't paying shit.. and jesus christ.. i don't even know how much that shit actually is.

[virux]

Originally posted by Linkster
I agree that it was a webmaster affiliate programs list that was released by a sponsor....one piece of info in the addy they sent it to was something I use in my signups with programs. The problem is that being an affiliate for over 50 programs, including all that have settled according to the letter, it would make it rather difficult to figure out who violated the privacy act.

if i find out also... i shall sue them for violating it... the hell... there is no way they can get my address unless i gave them it

[misty3k]

Originally posted by ladydesigner
I thought I'd ask everyone's opinion on a letter I received today from Acacia claming this was my "final notice" (haven't ever received anything from them before!). They sent me a letter addressed to my design company, AVS Designer. My design site doesn't have any video content on it at all. I do have one or two free sites and a couple tgp galleries that have videos on them but we're talking 4 or 5 sites max! Why in the world would they send me a patent infringement notice?! I'm such a small fish in this whole thing. I can't believe this is happening. Anyone have any advise on how I should respond to their notice?

Thanks in advance.

Well, here's the thing--I got one of those letters, too, and it was also on a site that has NO streaming anything on it.

My bf said it reminded him of a recent issue with a lawfirm here in LA. Seems some Beverly Hills Law firm was sending out vaguely threatening letters to small business owners in East LA (the kind of owners that don't have enough money to deal with Lawyers and the such). The firm would CLAIM they were representing people in a civil lawsuit that was ABOUT to be filed against the owner for "fraud" or something like that. Here's the hook: the small business owner could settle for a fairly small fee BEFORE the suit gets filed. Generally the most the asked for was 5000 bucks. Pocket change to BH lawyers, a godly sum for business owner. A lot of owners caved. Those who didn't, generally never heard from the firm again(IIRC). The firm was pretty much fishing for victims and nailed those who bit.

Welp, someone got wise and set the City Attorney on the firm. And the firm got in HUGE TROUBLE. The CA discovered there were no "clients" of the firm about to sue the business owners--the firm was representing ITSELF in the alleged pending lawsuits. Basically, they were extorting money from the largely immigrant, low income and legally inexperienced small business owners in East LA.

This really does sound exactly like what Acacia is doing now. The question is: does anyone want to go public and report this to the proper authorities here in CA?

I'm not sure I do. Yes, I'm a wuss. I freely admit it.

[virux]

well.. i have just received my AVN Online magazine at the same time... i have read that Acacia is actually not a so rich company lol

but they have like $540 million at hand... and it says acacia is trying to convince every adult site owner to pay the fee before they take it into action....

so i started thinking... are they actually trying to even get people that don't use audio/video content for their domains to even pay the fee for nothing???? they trying to get more money from webmasters like me that don't use audio/video content???

go to fucken hell Acacia

[Pusher]

I got one of those letters yesterday too... I find it hard to believe that they would legally be able to go after sites that only LINK to other sites that have streaming audio and video...For one thing, every search engine would be affected. It just doesn't make any sense - looks like a fishing expedition on their part, not to mention possible extortion |raygun|

[Ramster]

I hear people are getting the letters to addresses Not on their whois info so it's coming from a sponsor or a content provider was mentioned too.

Look at the letter. It doesn't even name domains or what you are infringing upon. Those fuckers just have a list of adult webmasters and their addresses and sent out a huge mailing. That's it!

Of course you could always move to Canada or even better, Mexico. Think of all the pesos you'd have.
I never got any letter here in Canada. |rasta|

[Sumrpal]

Don't be so sure about that Ramster. Shilli (Chris) in Toronto got a legal notice .. not just a regular mail letter .. about his paysite. The problem is, he's hosted in the US. I think if your host is in the US, you could be vulnerable to Acacia. This is just conjecture on my part, I'm not a lawyer.

This whole episode is very strange. Acacia has to know that any notice sent by regular mail is worthless in court. There is no way of establishing delivery or receipt of the notice .... unless the recipient acknowledges receipt on a board or some other published media.

Stop posting that you received a notice in the mail!

If I were a US webmaster who received one of these letters, I'd be taking it to the FBI, or some such department. These letters are clearly just scare tactics that would never hold up in court (the way they were delivered). In my opnion, by definition, this is extortion by threat through the mail across state borders. Is it not? That's only my opinion, and a very uninformed opinion at that since I don't know all US law.

Still, this seems really strange to me. Acacia has got to know that these letters are going to cause them more grief than good. Very strange.

*********************************************
Now watch .... Ramster and I will get a letter.

[Linkster]

I'd be looking at a content providor(or 2 ) as well - affiliate program was my first thought until I did some looking around

[LilBiggz]

I just got one today and like a lot of you I don't have any audio or video coming from my domains, just links to others...
So until someone can prove to me that's illegal I don't think I'm going worry about it...

I agree though, I don't think it's coming from whois info.
Someone spilled some beans...

[Kush]

A lot of fingers over at GFY are pointing at Matrix Content.
The Matrix Content president did make a formal statement at AVN:

One particular quote from that article stands out more than all the others in my opinion

Originally from http://www.avn.com/index.php?Primary...ntent_ID=43497

The president of Matrix Content rejects speculation on adult Webmaster discussion boards that, when his company signed a licensing deal involving Acacia Media Technologies' controversial streaming media patent claims, the company also gave Acacia affiliate members' information.

"It's horseshit," said Norman Bentley to AVN.com, stressing he was speaking strictly for himself and not necessarily his company.

Why would he stress that he is speaking only for himself and not necessarily his company? So does this mean that he denies that he personally gave Acacia affilate members' information, but he does not "necessarily" deny that his company gave over information? How do you guys interpret this quote?

I'm not saying that Matrix did or did not give up affiliate info. However if I owned Matrix, and if my company did in fact give out information, I'm not so sure I would admit it. I think the results would be disastrous.

Comments? Opinions?

[virux]

them bastards.....

if anyone that can prove its illegal... i'll be one of the first to report it and sue them till their poor and broke and all mainstream people shall be relieved