Showdown at the Acacia Corral?

[Choker]

Just got this email

An Open Letter To The Adult Entertainment Industry:
It's Your Choice: Now or Never!!


Los Angeles, CA: As you must know by now, Acacia Technologies' (Nasdaq: ACTG) two-year running attack on the Adult Entertainment Industry moves steadily forward. From the start, the Acacia plan has been to take advantage of what they perceive is an extremely profitable, yet easily intimidated industry that rolls over when confronted by a fight. Rob Berman, Vice-President of Acacia, refers to our industry as "low hanging fruit."

Acacia's business model is to acquire patents and enforce them through any means - especially with expensive litigation - to generate license fees. Patent litigation is among the most expensive type of lawsuit that companies or individuals enter into. Attorneys who specialize in patent law charge upwards of $400-$600 per hour.

Over the past two years, some companies in our industry have settled with Acacia because they thought it was less expensive than litigating. Those settlements hel ped make Acacia more confident and strengthened their resolve to take further aggressive steps to achieve their business plan. We understand that everyone has business decisions to make and we have made ours.

Two years ago, Gregory Clayman, President, VS Media, Inc., the parent company of VideoSecrets.com and Spike Goldberg, President, New Destiny Internet Group, the Internet division of Home Grown Video, took it upon themselves to involve the prestigious law firm, Fish and Richardson.

This involvement helped create a Joint Defense Group dedicated to fighting Acacia. Members of the defense group including, among others: VS Media, Homegrown Video, National A-1 Internet, Clubjenna, AEBN, Webmaster Paradise, GAMELINK, Ademia, Cybernet Ventures, Inc., Lightspeed, ARS, CyberNet Entertainment LLC Cyber Trend, Inc, GlobalAvs/ProAdult, Pro-Adult, ATK, and Video Bliss Inc.

Over the pas t two years, Goldberg, Clayman and the Joint Defense Group have spent over a million dollars and more hours of their valuable time than they can count fighting for what they believe is right. When the fight is over - win or lose - members will know they did the right thing.

During this time, some of the heaviest hitters in our industry have sat on the sidelines as well as on their hands and checkbooks watching this play out. Many of these well-known industry names have been in business for five, ten, and even twenty years. They have done NOTHING to support this fight.

These are webmasters, studio owners, and others who have made substantial amounts of money over the years. Nevertheless, they remain steadfastly silent and reluctant to step up to the plate despite knowing that this threatens the entire Adult Entertainment Industry.

Acacia is now seeking approval of a class action lawsuit against the entire Adult Internet Industry. If granted, Acacia will have the ability to litigate whether their patents are valid and enforceable against a single company rather than against our entire industry. Even worse, if they win, that verdict could bind the entire industry.

In simple terms, if Acacia wins, they will be at your doorstep demanding money. YOU WILL NOT EVEN HAVE THE ABILITY TO CONTEST OR CHALLENGE THEIR PATENTS IN COURT.

The Joint Defense Group believes that it is time for industry members who have remained uninvolved to step up to the plate. Now is the time for you to save your own skin!

We have fought hard and Acacia is running scared. Even as you read this, Acacia is lobbying hard to make a last minute deal with Joint Defense Group members for a settlement before the Court issues a ruling that could end Acacia's attack.

If the Joint Defense Group were to accept A cacia's offer, it could stop paying legal fees, cut a sweetheart deal with Acacia, and leave the rest of the industry to fend for itself. Instead, we continue to believe it is far better for our industry to band together to remove the Acacia threat once and for all. When we do this, we will send a loud and clear message to others who might see our industry as low hanging fruit ripe for picking.

Now is the time for all Webmasters, studios, and others in any way related to the Adult Internet to do the right thing. It is a disgrace that only a handful have become members of the Joint Defense Group and contributed money to our effort. Those involved wonder how you sleep at night. Even if you settled or are not immediately affected or threatened by Acacia's alleged patent claims, YOU MUST HELP THE CAUSE! Groups like ours are empowered when our peers demonstrate support with financial assistance not just empty rhetoric.

We are no t asking you to forego the new Mercedes, the lavish vacation, or your knock 'em dead presentation at the next Internet show. We are simply asking that you recognize that the time has arrived for you to make a stand against any and all future attempts to attack our industry.

The Adult Internet has been your life. It has let you live well from the money you made. Now is the time to give something back to help everyone.

If that is not enough motivation, then think of it this way: If the Joint Defense Group does not win, you will be sending checks every month to your new partner-Acacia. Even more important, if this case is lost, there may be no one left to fight against the next money hungry group with a patent that wants a piece of our action.

The Joint Defense Group spends over $100K per MONTH fighting this battle. We need your help to build our war chest so that we can fight to win. Acacia is on the run, b ut they have $50 million in the bank to keep fighting. If they can outlast the Joint Defense Group in this battle, then there will be no one in the industry to stop their attack. The result of this battle will have implications for everyone: big or small, adult or mainstream. Now is the time to support the efforts of your fellow companies fighting the jokesters whose business plan is to litigate against whomever they think is an easy target!

We need them to understand -NOW- that when forced, the Adult Entertainment Industry UNITES and does NOT roll over and play dead out of fear. We need your help. We need it now.

It's great to know we have your moral support and sideline cheers. BUT IT IS SIMPLY NOT ENOUGH! What we really need are substantial donations from everyone no matter how big or small. We know many of you settled with Acacia but have always had second thoughts about it. Even if you settled, you can still help. If y ou cannot contribute cash, we will help you find other ways help the Joint Defense Group.

It took courage to make our original stand. It takes even more to write an open letter like this to everyone in our industry. HOWEVER, THE TIME FOR INACTION AND THE HO-HUM ATTITUDES HAS PASSED.

Pick up the phone today and call 1-949-716-8080 to donate to this fight by credit card. You can also send contributions to the Joint Defense Group at the following address:

Acacia Joint Defense Group
c/o Spike Goldberg / New Destiny
27111 Aliso Viejo Rd #180,
Aliso Viejo, CA 92656

Our industry's shame does not come from our products. It comes from those who sit on their hands and their checkbooks while others fight the battles that ultimately benefit the entire industry. It is time to do the right thing or suffer the consequences of your timidity and passivity long i nto the future!

[Choker]

Nobody gives a shit?

[M_M]

cliffs notes

[Choker]

Originally posted by M_M
cliffs notes

In simple terms, if Acacia wins, they will be at your doorstep demanding money. YOU WILL NOT EVEN HAVE THE ABILITY TO CONTEST OR CHALLENGE THEIR PATENTS IN COURT.

The Joint Defense Group believes that it is time for industry members who have remained uninvolved to step up to the plate. Now is the time for you to save your own skin!

[Nismo]

that's royally fucked up

[angelsofporn]

Do you guys have non-profit status? If so we can all write off everything we donate.

[directfiesta]

Seems like it... Sad ...

But most here are kids making galleries....

Check # 144 leaving Monday. Not much, but if everybody did contribute ...

WAKE UP GUYS !!!!

[Choker]

Originally posted by angelsofporn
Do you guys have non-profit status? If so we can all write off everything we donate.

Spike is there anyway contributions to this can be written off as a business expense? Since they are filing against the entire industry it would seem so. Any comments?

[tony286]

if you are incorporated you can pay with company check., that way you are using pretax dollars. Even if you cant write it off, it really doesnt matter. Its a business expense.

[Maxpixelz]

Hey Chocker

can I have your ICQ
would like to talk to you about a donation.

Thanks

[Maxpixelz]

nm
saw the number
calling now

[Choker]

Originally posted by tony404
if you are incorporated you can pay with company check., that way you are using pretax dollars. Even if you cant write it off, it really doesnt matter. Its a business expense.

Yeah but IRS can and probably will question it, even if you are LLC.

[Choker]

Originally posted by Maxpixelz
Hey Chocker

can I have your ICQ
would like to talk to you about a donation.

Thanks

Give me a day, two max. We are coding the scripts right now )
I am not going to sit on my ass anymore on this. It's time to do something about Acacia once and for all. People do not realize what will happen if Acacia can group us together as defendents. It will not be pretty. If Acacia wins they can decide who to license and who not to. Think about it....

[Jeppe]

Bump for a good cause.

How can we Europeans donate money the easiest way?

Btw when is there gonna be a ruling on the class action lawsuit?

[The Truth Hurts]

Originally posted by Choker
Nobody gives a shit?

Dude.. you only waited 3 minutes...

your average GFY'er will need a good 2-3 hours to read all that even with mommy helping them to sound out the big words.

oh yeah.. acacia.

[Choker]

Originally posted by The Truth Hurts
Dude.. you only waited 3 minutes...

your average GFY'er will need a good 2-3 hours to read all that even with mommy helping them to sound out the big words.

oh yeah.. acacia.

LOL, sorry this letter really burns me up.

[Sly_RJ]

I'll send out a check Monday or Tuesday. I'm no big shot but I do make a fairly good living off of the Internet. I'll consider this my "college education".

Choker, I got your ICQ the other day. What's up?

[Jeppe]

Originally posted by Choker
LOL, sorry this letter really burns me up.

Yeah it sums up the situatin very well and it is quite disturbing. And I really respect the companies standing up against these fuckers.
Somebody should teach those idiots that they need to make their own money instead of trying to profit from other's success.

I guess if they win this we can only hope for their patent to be declared invalid?

[Doctor Dre]

Everybody should give 50 $ . If they have thoses names behind why not just help ?

[Doctor Dre]

Originally posted by Choker
In simple terms, if Acacia wins, they will be at your doorstep demanding money. YOU WILL NOT EVEN HAVE THE ABILITY TO CONTEST OR CHALLENGE THEIR PATENTS IN COURT.

The Joint Defense Group believes that it is time for industry members who have remained uninvolved to step up to the plate. Now is the time for you to save your own skin!

If they come and ring to my door the only thing they will get is my baseball bat

[tony286]

Originally posted by Choker
Yeah but IRS can and probably will question it, even if you are LLC.

No they cant its a business expense written to any other company or org what they are with a tax id number. I have a accountant I am not just making shit up .

[baddog]

Originally posted by Choker
Yeah but IRS can and probably will question it, even if you are LLC.

Legal expenses are tax deductable . . . .look at your itemized tax form, it isn't like a donation to a charity

[sltr]

fish and richardson is the firm for patent cases such as this and they wouldn't take it if they did not think it's winnable.

but they ain't cheap.


oh does acacia really has 50 million cash?

or they are valued at 50m?

[MasterBlogger]

I helped bring awareness to the Acacia issue when I bumped into Spike on another board.

And he and others have kept up the good work.

$100 is coming your way earlier next week.
(new visa card coming)

[pornguy]

Hey Board and choker..

we are a small time company and have had some very bad times over the last year that have impacted out business...Instead of comming to the board and begging for money, we have been working it out our selves.

Her is my offer. First off we will be sending a check as soon as we can. Most likely on Monday.

The Offer: we will donate 50% of our profits from our affiliate program for anyone who signs up from today until Sunday. We will also ask that they donate due to the fact that they will be making more up front than we will.. This will be an ongoing donation from us.

Choker. You have more traffic than anyone that I know of.

Help us out here Sign up for our program, and throw some of that traffic here.

www.housewivescash.com

If no one takes this offer, then we will still be sending some money. But it will be a lot less.

Thanks for reading.

[jimmyf]

I got that email today also

there is another group that is taking them on also, and they are HUGE very deep pockets.

Dam and I know them very well but can't remember.

Electronic
something

They are looking at other patents and will challenge them, they say it has gotten way out of hand.

[Choker]

Originally posted by pornguy
Hey Board and choker..

we are a small time company and have had some very bad times over the last year that have impacted out business...Instead of comming to the board and begging for money, we have been working it out our selves.

Her is my offer. First off we will be sending a check as soon as we can. Most likely on Monday.

The Offer: we will donate 50% of our profits from our affiliate program for anyone who signs up from today until Sunday. We will also ask that they donate due to the fact that they will be making more up front than we will.. This will be an ongoing donation from us.

Choker. You have more traffic than anyone that I know of.

Help us out here Sign up for our program, and throw some of that traffic here.

www.housewivescash.com

If no one takes this offer, then we will still be sending some money. But it will be a lot less.

Thanks for reading.

Awesome man, here's the deal, just got off the phone, Spike is setting up a epassporte, moneybookers, and a yahoo direct account so guys can make payments directly. I am setting up a script so that guys who contribute can have their Nick recognized and the amount they gave displayed. And as soon as the script is done, I will contribute 5% or all gross sales to the fund in your name if you make any payments for traffic in my CTTS. This way you can write it off as a business expense, in fact it costs you nothing extra. I will take the 5% out of my pocket. I ask that ALL traffic brokers do the same, in fact anyone who markets thier wares here should contribute.

[Choker]

Originally posted by pornguy
Hey Board and choker..

we are a small time company and have had some very bad times over the last year that have impacted out business...Instead of comming to the board and begging for money, we have been working it out our selves.

Her is my offer. First off we will be sending a check as soon as we can. Most likely on Monday.

The Offer: we will donate 50% of our profits from our affiliate program for anyone who signs up from today until Sunday. We will also ask that they donate due to the fact that they will be making more up front than we will.. This will be an ongoing donation from us.

Choker. You have more traffic than anyone that I know of.

Help us out here Sign up for our program, and throw some of that traffic here.

www.housewivescash.com

If no one takes this offer, then we will still be sending some money. But it will be a lot less.

Thanks for reading.

On the main page of the site we are making, we will list you at the top and a note about how much you are contributing. This goes for anyone else who can pledge a percentage or a amount per transaction for new business.

[Tam]

Let me get this program sold that I am trying to sell and I'll send you what I can... won't be much, I am not big player and have been struggling like crazy, but let this sell and I'll send a check as well.

[pornguy]

Choker. You are on..

e-mail me at sales at housewivescash dot com when it is ready.

[MasterBlogger]

Just a suggestion.

But why doesn't the Acacia Joint Defence Group ...
sign up under many affiliate programs ...
then use the affiliates programs "Webmaster Referral" program to generate revenue.

follow?

[Choker]

Originally posted by MasterBlogger
Just a suggestion.

But why doesn't the Acacia Joint Defence Group ...
sign up under many affiliate programs ...
then use the affiliates programs "Webmaster Referral" program to generate revenue.

follow?

Good idea. There is no reason that webmasters like Pornguy cannot get new business by contributing to the fund. The site we are making will urge webmasters to use affiliate programs of guys who are contributing. It's real simple, send your traffic to guys who are fighting Acacia.

[MasterBlogger]

Originally posted by Choker
Good idea. There is no reason that webmasters like Pornguy cannot get new business by contributing to the fund. The site we are making will urge webmasters to use affiliate programs of guys who are contributing. It's real simple, send your traffic to guys who are fighting Acacia.

I agree ...
but think it should be taken a step further.

Say - site "A" is an affilate of site "B" which has a 5% webmaster referral program. And person "C" is getting the webmaster portion.

Site "A" sends site "B" an email saying we wish to terminate our signing up under person "C" and sign up under the "Acacia Joint Defense Group". No change in site - but only a change where the webmaster referral money goes.

: )

[mardigras]

Originally posted by jimmyf
I got that email today also

there is another group that is taking them on also, and they are HUGE very deep pockets.

Dam and I know them very well but can't remember.

Electronic
something

They are looking at other patents and will challenge them, they say it has gotten way out of hand.

http://eff.org

[crockett]

I'm low on funds now, but I've donated a few hundred months ago. I'd love to do more but not possible at this time, all I can say to the rest of you fuckers that are always braging about your bling if you haven't donated to this fight

to the guys that are helping in this fight even if it's just $50 here or there.

[GonePhishing]

We gave a couple hundred, but that was all we could spare. I'll try to donate more this weekend.

[Khun]

Ok, I get the whole "We need to fight these guys" thing but what the fuck are they claiming patent to anyways?

[crockett]

Originally posted by Khun
Ok, I get the whole "We need to fight these guys" thing but what the fuck are they claiming patent to anyways?

anything that involves video that starts or stops.

[MasterBlogger]

Originally posted by crockett
anything that involves video that starts or stops.

close ...
the transmission of video/audio in real time or less then real time

basically everything..

[BluMedia]

Bump for this thread. I think it is sad this thread isn't getting more attention, instead the threads of useless shit get more replies. I think if this industry came together from the first place instead of some settling and some not we would be alot stonger to fight this patent. I think webmasters still support the companies that settled, that seems very unchanged. I think every company has to make a decision to settle or not, but every company that settles only helps Acadia.

I have some massive medical bills and another surgery coming up so I can not donate right now but sometime in September I should beable to. Good luck and thanks to everyone who have not settled or have donated!

Mark

[pornguy]

Bump for attention!

[Jonathan Quarkschowski]

Originally posted by Choker
Nobody gives a shit?

I made a shitload of money from ACTG shares, please accept my appologies for beeing smarten than the ones decided to go into a fight.

[MasterBlogger]

Originally posted by Jonathan Quarkschowski
I made a shitload of money from ACTG shares, please accept my appologies for beeing smarten than the ones decided to go into a fight.

Welcome to "anythingformoney.com" oooops ...
I meant GoFuckYourSelf.com.

Do your morals change based upon your cheque book?
Who do you think is funding them?

[SykkBoy]

Originally posted by Jonathan Quarkschowski
I made a shitload of money from ACTG shares, please accept my appologies for beeing smarten than the ones decided to go into a fight.

there are bloodsuckers in every group...this one is no different

did you also settle with ACACIA? Are you Rob Berman's love child? Are you even IN this industry?

[jollyperv]

I love reading their forums, all these fucking weasel shareholders think acacia's got it in the bag...Oh, disney signed, it must be valid. Acacia is simply a fruit fly to disney...they settled to simply swat the fly away. Fightthispatent (Brandon I think?) really puts people in their place on that board.

[Paul Markham]

Originally posted by Choker
Yeah but IRS can and probably will question it, even if you are LLC.

Then buy something from them and pay over the top for it.

[Paul Markham]

I spent a lot of time trying to get people aware and motivated to help the fight, so did Brandon at Fight The Patent.

We got a lot of vocal support and little else. Some people, like 12clicks who runs Tuna Fish board was even detrimental to us bringing into question our motives.

The choice is simple, either we unite and get behind the Acacia Joint Defense Group or we let Acacia have an easy ride and show the other patent firms that we are easy pickings.

I say we when I really mean those in the US, because I strongly doubt if Acacia will come off shore with this BS. They chose to target other industries within the the US against staying in porn and going abroad. So if you in the US will not stand up and fight then expect to lose it.

Simple as that.

I will be giving Spike a check when I see him in Miami.

[Paul Markham]

The sad thing about this is it's not stuck at the top of the board.

[jollyperv]

Bump for the good of mankind.

[Paul Markham]

Originally posted by Jonathan Quarkschowski
I made a shitload of money from ACTG shares, please accept my appologies for beeing smarten than the ones decided to go into a fight.

It's people like this that make this industry look like "Low Hanging Fruit" Ryan and Berman have made a fortune off their own shares in Acacia, win or lose these guys will come out on top.

And this will teach the next firms of lawyers with a broad patent a very valuable lesson. We are here for them to make money out of.

Fighting Acacia is posible, even if you have no money. Look at who you partner with, who you send traffic to and who you do business with. If one of them is a Licensee change them for a defendent. I give free content to some of the Defense Group. What can you do?