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Acacia Media is a direct assault on your freedom and your pocketbook! Acacia Media currently owns over a dozen patents covering the use of "streaming media", such as video files and audio/MP3s, including *original* content. Note this issue has *nothing* to do with copyrights whatsoever...this affects *all* use of any streaming media by anyone! Currently, Acacia Media has been targeting the adult industry with patent infringement letters and lawsuits. Acacia Media has chosen to target the adult industry first, since they are an easy legal target, but make no mistake, Acacia Media is targeting EVERYONE who uses, or even merely links, to any "streaming media" content... Including individals! Thousands of people have recently received legal notices from Acacia Media to cease using/linking to video and audio content and further to sign manditory license agreements, as well as make hefty royalty payments to them well into the distant future! See more details regarding their crazy, but legally abusive patents: http://www.acaciatechnologies.com/technology_main.htm While many folks may not care for the adult industry, if they, along with the help of many others, don't take on and beat Acacia, much of the adult industry will find itself at the mercy of other patent holders, PLUS most "mainstream" companies, AND even *individuals* too - thousands of legal notices have already been sent out to individuals! Persons who merely have webpages linked to "streaming media" ARE in the sights of Acacia Media ... even linking/embedding "streaming media" in EMAIL may likely be considered a violation - Acacia Media is ruthless! Acacia Media isn't the only company on the prowl...if Acacia Media is sucessful, there's a whole swarm of other entities that have zillions of other questionable patents ready to pounce on both industry and individuals alike with their patent infringement claims and manditory licensing. Acacia Media needs to be stopped hard...their patent claims are a *direct assault on freedom of speech and expression*... For example, if one make an *original* video or audio recording and wishes to distribute/sell it on the internet, Acacia Media is demanding a percentage of the proceeds; distributing "streaming media", even if for free, likely requires an expensive license from Acacia Media too! Please read up on this issue and contact your state and federal representatives. The Acacia Media "streaming media" patents must be stopped...if they are not, expect to pay more for your internet access (Acacia is demanding continual royalties), more for products/services, and have less choice and freedom...in Acacia Media's twisted world, one has to pay them money to make, share, or even merely link to "streaming media", such as video and audio/MP3s. For more related information, please see CNET - http://news.com When searching Google, Yahoo, etc use the key words: ACACIA PATENT (be sure to also search under News and Groups - click the respective menu tabs at top of search window in Google to access) While patents are an obsure subject, vague, overly broad, and abusive patents hurt everyone. Please learn more about this issue, tell others about it, and contact your state and federal politicians - demand they actively work to reform patent laws, especially in regards to Acacia Media's patents. In closing and to reiterate again... Acacia Media is a direct assault on your freedom and your pocketbook! Ron Bennett p.s. please distribute this message far and wide, and inform others!
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Ron Bennett wrote:
Acacia Media is a direct assault on your freedom and your pocketbook!
Acacia Media currently owns over a dozen patents covering the use of "streaming media", such as video files and audio/MP3s, including *original* content. Note this issue has *nothing* to do with copyrights whatsoever...this affects *all* use of any streaming media by anyone!
First of all, "Streaming media" is a term. No one entity has a patent on it. Perhaps Acacia would like to challenge microsoft and "real media" in the courts? Both have patents on their media and or presentation devices. If I have a simple link to "streaming media" on my site, Acacia had better understand that they do not control the internet and the use of it. They are going to find out very quickly that filing frivilous lawsuits without merit is going to be very very expensive on their part and will probably go broke before they win one case. I hope that if any of these alleged lawsuits make it to courts, the judges tell Acacia to go back to law school.
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Wading in the muck of alt.politics, I noticed that Ron Bennett <bennett@wyomissing.com> had posted some drivel on Sun, 26 Oct 2003 03:26:38 GMT
Acacia Media is a direct assault on your freedom and your pocketbook! Acacia Media currently owns over a dozen patents covering the use of "streaming media", such as video files and audio/MP3s, including *original* content. Note this issue has *nothing* to do with copyrights whatsoever...this affects *all* use of any streaming media by anyone! Currently, Acacia Media has been targeting the adult industry with patent infringement letters and lawsuits. Acacia Media has chosen to target the adult industry first, since they are an easy legal target, but make no mistake, Acacia Media is targeting EVERYONE who uses, or even merely links, to any "streaming media" content... Including individals! Thousands of people have recently received legal notices from Acacia Media to cease using/linking to video and audio content and further to sign manditory license agreements, as well as make hefty royalty payments to them well into the distant future! See more details regarding their crazy, but legally abusive patents: http://www.acaciatechnologies.com/technology_main.htm
<snip idiot's rambling> From the website you posted "Acacias DMT technology is supported by 5 U.S. and 17 International patents." Their patent is on the DMT technology that THEY created, not all types of streaming media you half-baked dip#@($.
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In article <Xns94202D9CAAA7Cnomorebushin2004@216.168.3.44>, antispam@spigotspam.biz says...
Wading in the muck of alt.politics, I noticed that Ron Bennett <bennett@wyomissing.com> had posted some drivel on Sun, 26 Oct 2003 03:26:38 GMT <snip idiot's rambling> From the website you posted "Acacias DMT technology is supported by 5 U.S. and 17 International patents." Their patent is on the DMT technology that THEY created, not all types of streaming media you half-baked dip#@($.
You obviously haven't read up on the Acacia issue... Please read a bit more about what Acacia Media claim to own and you'll be as surprised and concerned, as numerous others are, regarding Acacia's attack on many internet standards, many of which are "open" standards (Acacia didn't develop/patent any of them), which people have been using for many years... Acacia truly believes, for example, the use of virtually most ANY video or audio format on the internet is a violation of their patents...yes, really! Acacia's patents cover the use of "streaming media" in general - the patents are overly broad, vague, and being used in an abusive way to "shakedown" anyone using / linking to video, audio, MP3s, etc anywhere on the internet. Please read more about how one can patent vauge business methods before replying here again. This *is* a serious issue and Acacia's patents are an abuse of the patent system and hurts many people and the internet itself. Lastly, since you claim to be so knowledgable about Acacia and patent law, explain in more detail what their "DMT" is? -what do their patents cover? Ron Bennett
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Ron Bennett wrote:
In article <Xns94202D9CAAA7Cnomorebushin2004@216.168.3.44>, antispam@spigotspam.biz says...
Wading in the muck of alt.politics, I noticed that Ron Bennett <bennett@wyomissing.com> had posted some drivel on Sun, 26 Oct 2003 03:26:38 GMT Acacia Media is a direct assault on your freedom and your pocketbook! Acacia Media currently owns over a dozen patents covering the use of "streaming media", such as video files and audio/MP3s, including *original* content. Note this issue has *nothing* to do with copyrights whatsoever...this affects *all* use of any streaming media by anyone! Currently, Acacia Media has been targeting the adult industry with patent infringement letters and lawsuits. Acacia Media has chosen to target the adult industry first, since they are an easy legal target, but make no mistake, Acacia Media is targeting EVERYONE who uses, or even merely links, to any "streaming media" content... Including individals! Thousands of people have recently received legal notices from Acacia Media to cease using/linking to video and audio content and further to sign manditory license agreements, as well as make hefty royalty payments to them well into the distant future! See more details regarding their crazy, but legally abusive patents: http://www.acaciatechnologies.com/technology_main.htm <snip idiot's rambling> From the website you posted "Acacia's DMT technology is supported by 5 U.S. and 17 International patents." Their patent is on the DMT technology that THEY created, not all types of streaming media you half-baked dip#@($.
You obviously haven't read up on the Acacia issue...
Please read a bit more about what Acacia Media claim to own and you'll be as surprised and concerned, as numerous others are, regarding Acacia's attack on many internet standards, many of which are "open" standards (Acacia didn't develop/patent any of them), which people have been using for many years...
Acacia truly believes, for example, the use of virtually most ANY video or audio format on the internet is a violation of their patents...yes, really!
Acacia's patents cover the use of "streaming media" in general - the patents are overly broad, vague, and being used in an abusive way to "shakedown" anyone using / linking to video, audio, MP3s, etc anywhere on the internet.
Please read more about how one can patent vauge business methods before replying here again. This *is* a serious issue and Acacia's patents are an abuse of the patent system and hurts many people and the internet itself.
Lastly, since you claim to be so knowledgable about Acacia and patent law, explain in more detail what their "DMT" is? -what do their patents cover?
Ron Bennett
I actuall took the time and effort to read some of the patent information. The most recent one appears to be the same as the original. As many of the techinques they claim as their's, has been used on the internet well before the patent was issued, they can not claim that technology as infringement. Quite frankly, I do not agree with granting patents to software to begin with. A patent is basically for any work which must be manufactured by some mechanical means outside of a typewriter, or in today's world, via a computer reproduction. Copyright is for the written word. Which is precisely what software is. Acacia will soon find out that the courts will not believe their arguments that they own exclusive rights to "ALL" streaming media.
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Not going to the issue of whether the patents in question are valid or not, but correcting two mistakes ... In article <bnhh8a030ni@enews4.newsguy.com> "Richard" <anom@anom> writes:
As many of the techinques they claim as their's, has been used on the internet well before the patent was issued, they can not claim that technology as infringement.
Close, but not right. It makes no difference what was in use at the time the patent finally issues. The only important times are when the invention is completed ("reduced to practice") and when the first patent application disclosing the invention is filed. You can't get a patent on an invention known or used by others in this country or described in a printed publication anywhere in the world before the completion of the invention by the applicant. You can't get a patent on an invention in public use or on sale in this country or described in a printed publication anywhere in the world more than a year before the filing of the patent application. See 35 U.S.C. 102.
A patent is basically for any work which must be manufactured by some mechanical means outside of a typewriter, or in today's world, via a computer reproduction.
Patents can also be for ways of doing things. The first United States patent was for a new way of manufacturing potash. Originally, these were termed an "art" but are now called a "process."
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Lee Hollaar wrote:
Not going to the issue of whether the patents in question are valid or not, but correcting two mistakes ...
In article <bnhh8a030ni@enews4.newsguy.com> "Richard" <anom@anom> writes: Close, but not right. It makes no difference what was in use at the time the patent finally issues. The only important times are when the invention is completed ("reduced to practice") and when the first patent application disclosing the invention is filed.
Yes it does matter. If you can not show that you were in fact the sole force behind the idea, and no one else was using anything similar, you might not get that patent. It would depend on how unique yours is. What if Mr. Bell had seen Mr. Gray's "telephone" publicy demonstrated in various places before he decided to "invent" it? Once Mr. Bell acquired the patent, Mr. Gray could then persue Mr. Bell for the ownership of that document and Mr. Bell would be forced to turn it over as he did not invent it. But merely "stole" the idea. History shows us that both were working on the same concept and Mr. Bell beat Mr. Gray to the patent office by a mere 1 hour. Is Mr. Bell a thief? No. As they were working independently on the same project. What was already in use does matter to a degree. In order to acquire the patent, the process, as you call it, must be unique enough so as not to be confused with what already is in use. Or, have some type of improvements on the process.
You can't get a patent on an invention known or used by others in this country or described in a printed publication anywhere in the world before the completion of the invention by the applicant.
You can't get a patent on an invention in public use or on sale in this country or described in a printed publication anywhere in the world more than a year before the filing of the patent application.
But does that give you the right to patent someone else's idea that has already been in wide use as acacia claims?
See 35 U.S.C. 102.
A patent is basically for any work which must be manufactured by some mechanical means outside of a typewriter, or in today's world, via a computer reproduction.
Patents can also be for ways of doing things. The first United States patent was for a new way of manufacturing potash. Originally, these were termed an "art" but are now called a "process."
The patent was for the machinery involved. Then why isn't html patented? It is a process of converting code to a formatted web page. I have a great-granfather who was an inventor. 3 of his inventions are in common use today that you would recognize right off. He basically invented the "reversible differential", the process by which is copper and steel are joined together, as in that quarter in your pocket, and the first "tire tread". The tire tread idea was on steel farm tractor wheels but the concept was carried over to rubber tires. Not to mention a whole host of farm implementing machines which includes a type of corn picker and a hay bayler.
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"Richard" <anom@anom> wrote in message news:bni00g0hgj@enews4.newsguy.com...
Lee Hollaar wrote: Yes it does matter. If you can not show that you were in fact the sole
force
behind the idea, and no one else was using anything similar, you might not get that patent. It would depend on how unique yours is. What if Mr. Bell had seen Mr. Gray's "telephone" publicy demonstrated in various places before he decided to "invent" it? Once Mr. Bell acquired
the
patent, Mr. Gray could then persue Mr. Bell for the ownership of that document and Mr. Bell would be forced to turn it over as he did not invent it. But merely "stole" the idea. History shows us that both were working on the same concept and Mr. Bell beat Mr. Gray to the patent office by a mere 1 hour. Is Mr. Bell a thief? No. As they were working independently on the same project. What was already in use does matter to a degree. In order to acquire the patent, the process, as you call it, must be unique enough so as not to be confused with what already is in use. Or, have some type of improvements
on
the process. But does that give you the right to patent someone else's idea that has already been in wide use as acacia claims? A patent is basically for any work which must be manufactured by some mechanical means outside of a typewriter, or in today's world, via a computer reproduction. The patent was for the machinery involved. Then why isn't html patented? It is a process of converting code to a formatted web page. I have a great-granfather who was an inventor. 3 of his inventions are in common use today that you would recognize right off. He basically invented the "reversible differential", the process by which is copper and steel
are
joined together, as in that quarter in your pocket, and the first "tire tread". The tire tread idea was on steel farm tractor wheels but the
concept
was carried over to rubber tires. Not to mention a whole host of farm implementing machines which includes a type of corn picker and a hay bayler.
Got any proof of these new lies, Bullis? Path: sn-us!sn-xit-06!sn-xit-08!supernews.com!news-out.visi.com!hermes.visi.com!ne wsfeed2.dallas1.level3.net!news.level3.com!crtntx1-snh1.gtei.net!news.gtei.n et!newsfeed1.easynews.com!easynews.com!easynews!pln-w!spln!dex!extra.newsguy ..com!newsp.newsguy.com!enews4 From: "Richard" <anom@anom> Newsgroups: misc.legal,misc.consumers,alt.politics Subject: Re: Acacia's Patent OUTLAWS Streaming Video and Audio/MP3s! Date: Sun, 26 Oct 2003 20:30:19 -0600 Organization: http://extra.newsguy.com Lines: 69 Message-ID: <bni00g0hgj@enews4.newsguy.com> References: <Xns94202D9CAAA7Cnomorebushin2004@216.168.3.44> <bngup9$pgp@library1.airnews.net> <bnhh8a030ni@enews4.newsguy.com> <bnhkiu$6$1@coward.ks.cc.utah.edu> NNTP-Posting-Host: p-095.newsdawg.com X-Priority: 3 X-MSMail-Priority: Normal X-Newsreader: Microsoft Outlook Express 6.00.2800.1106 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1106 FL-Build: Fidolook 2002 (SL) 6.0.2600.78 - 24/10/2002 21:18:29 X-no=archive: yes Xref: sn-us misc.legal:464144 misc.consumers:353391 alt.politics:1361774
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In article <bni00g0hgj@enews4.newsguy.com> "Richard" <anom@anom> writes:
Lee Hollaar wrote: Yes it does matter. If you can not show that you were in fact the sole force behind the idea, and no one else was using anything similar, you might not get that patent. It would depend on how unique yours is. What if Mr. Bell had seen Mr. Gray's "telephone" publicy demonstrated in various places before he decided to "invent" it?
Under today's rules, as stated below, if somebody is this country already knows the invention, before your independent invention, you can't get a patent. If you aren't the true inventor, you can't get a patent. You can't get a patent on an invention known or used by others in this country or described in a printed publication anywhere in the world before the completion of the invention by the applicant.
But does that give you the right to patent someone else's idea that has already been in wide use as acacia claims?
No. Read what I wrote. If the invention is known to others before your invention, you can't get a patent. A patent is basically for any work which must be manufactured by some mechanical means outside of a typewriter, or in today's world, via a computer reproduction.
The patent was for the machinery involved.
Wrong, as usual. No special machinery, just a new method of making potash.
Then why isn't html patented? It is a process of converting code to a formatted web page.
Because Tim Berners-Lee didn't apply for a patent? Not every patentable invention results in a patent, particularly if the inventor doesn't apply for one.
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This is another case of Patent Office issuing bogus patent. Unfortunately PO awards patent, and let courts sort out all the issues. Acacia patent is too broad, and have too many known cases of "prior art". Music/Videos has been distributed over internet from 1990, mirc 1991, X-Windows 1980s, number of network games pre-date this patent. ftp:sophia.fr(?) had porn and videos loaded late 80s. But you have to have money to challenge those patens. Software patens should be abolished, software already protected by copyrights, and TMs. This is one of the latest group of bogus patents: "shopping card", "bots", "device, that stores credit cards & phone numbers", "music kiosk", "1 click shopping", "left frame with navigation links", "hyperlinks by BT", and not to mention new Amazon patent: "site that indexes contents of books", number of google indexing patens... The way acacia patent written it does apply to everything. And they can target you Richard, and you would either pay they patent fee, or spend $20,000 defending against it.
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If I have a simple link to "streaming media" on my site, Acacia had better understand that they do not control the internet and the use of it.
Sadly enough, thats not the way they are going about this...
They are going to find out very quickly that filing frivilous lawsuits without merit is going to be very very expensive on their part and will probably go broke before they win one case.
Agains, sadly enough, they have been in court numerous times... and have won each time, but only b/c the defendant ignored everything and failed to appear. They have already shut down sites... but once again, primarily becuase they have yet to actually be challenged.
I hope that if any of these alleged lawsuits make it to courts, the judges tell Acacia to go back to law school.
And sadly still.... they've set a licensing fee that makes it more cost-effective to just fork over the cash instead of fighting it.... of which so far, 52 very large companies (multi-million dollar corps) have simply forked over the cash. FWIW, I just received my very own Acacia Media warning letter in the mail today.
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Acacia has actually sent me a letter it is dated October 20, 2003 but I just got it last Thursday. They claim is the final notice but I have not received one letter from them prior to this one. The title is underlined and in all capital letters: Final Notice for introductory royalty rates and waiver of patent infringement They claim that they have a portfolio of 5 U.S. Patents Nos. 5,132,992, 5,235,275; 5,550.863; 6002,720; 6,144,702) and 17 International patents of which they did not bother to list those but basically they claim that they cover transmission and receipt of digital/audio video content via the Internet. They claim since I provide access to digital audio/video content via my website without a licence from Acacia I am liable to them for patent infringement. the next paragraph states: "As a part of our introductory licensing terms. we have been offering waivers for certain past infringement, as well as special introductory royalty rates." (This is like a sales pitch) They also state, "Our offer to waive past infringement and license our patents at our existing introductory royalty rates will expire on November 30, 2003 They also claim that they have entered into 52 license aggreements for their DMT Technology. They claim that many major online Adult Entertainment companies such as L.F.P.,, (owner of Hustler who filed for bankruptcy a while ago), Interactive Gallery (a subsidiary of New Frontier Media), Trade News Corporation (owners of the CE Cash and Cybererotica websites) Dellwood HOldings (owners of the Sexcheck AVS, Matrix Content, Vivid Entertainment Group, Wicked Pictures, and Paltinum EMedia, Inc. Supposedly all of these companies have signed with them. However, honestly I do not see why they are naming NAMES or Name dropping. It is suopposed to make us small individual girls say, " Like Okay... Well so like if Vivid signed then I must sign too. Ha ha ha ah Oh my gosh." WRONG! How do we know that all of these companies are not in on this stupid game? This is like a conspiracy, Sadame Insane on the internet, Chicago Mobsters in the 1940's type of shakedown. They list their website of which I don't get I went there and I don't see anythng like what they said in this letter. here is all their contact info: the letter is from Robert A. Berman Sr. VP Business Development and General Counsel 500 Newport Center Drive 7th Floor Newport Beach, CA 92660 949.480.8300 949.480.8301 fax emaiL info@acaciaresearch.com This is really stupid. They also have taken people to court already and WON mainly because the other people do not show up. The other thing is some judge in California has allowed them to win a few cases and now they feel powereful. Basically If I do not sign their contract to give them a percentage of all my sales plus give them my records each month... by November 30th they will take me to court to have my website SHUT DOWN.. They are not really targeting FREE sites right now mostly Adult Entertainment, Universities, or sites that sell information for teaching purposes. It seems to me if they are so creative why didn't they come up with a way to TRACK the sales, because I think it is illegal. They should make themselves an affiliate and have people click a particular link to sign up that way it electronically calculates without us having to give them all of our private info. I am not going to give them a dime. I will shut my site down first. Technically I can just sell mpegs on cd rom and lower the membership fee. It seems like a waste of time because it is so much easier to get the mpegs off the website. This affects us all. This company must be stopped. If they have all these patents why have they not purchased public service advertisements and made the public aware of such nonsense?? Couldn't they be sued for that? Also why have they not teamed with people like Sony, Panasonic, and any company who produces software, or digital cameras, picture cell phones. Why??? What part of the law as they did not mention what part of the law grants them the RIGHT to sue for royalties on a service they probably sold to someone.. That is what I do not understand. Did they invent this stuff????? if so whom did they sell it to??? The government?? How did they get paid??? Also I would love to see the contracts or lawsuit info with these other companies who signed because honestly, I dont' think that they signed Hustler filed for bankruptcy earlier this year and it was big news in porn. But why are they Naming names and telling what other profile companies have signed to me it is like they are trying to make us think it is okay. I think they are all in on it but I have no proof which is why I would love to see the court reports. Okay. here are some links that my hosting company gave to me: http://news.com.com/2100-1026-1026466.html that was one copy they sent me http://www.xxxwebhosting.com/acacia.htm http://www.go@$#*yourself.com/forumdisplay.php?s=&forumid=26 http://news.com.com/2100-1025-5081177.html http://news.com.com/2009-1023-5082004.html I hope that there is a way this company and companies like them can be stopped.. Should the people in the United States actually this is a world wide shake down. Should they write the congressmen, or someone I don't know if it will do any good but seems like there should be a way we could stop this company from this crazy insane tactic Well good luck. I am anxious to hear what you all have to say. Shar ----------------------------------------------------------------------------- "Richard" <anom@anom> wrote in message news:<bnfllm0k3f@enews4.newsguy.com>...
Ron Bennett wrote: First of all, "Streaming media" is a term. No one entity has a patent on it. Perhaps Acacia would like to challenge microsoft and "real media" in the courts? Both have patents on their media and or presentation devices. If I have a simple link to "streaming media" on my site, Acacia had better understand that they do not control the internet and the use of it. They are going to find out very quickly that filing frivilous lawsuits without merit is going to be very very expensive on their part and will probably go broke before they win one case. I hope that if any of these alleged lawsuits make it to courts, the judges tell Acacia to go back to law school.
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Richard wrote:
Ron Bennett wrote: Wading in the muck of alt.politics, I noticed that Ron Bennett <bennett@wyomissing.com> had posted some drivel on Sun, 26 Oct 2003 03:26:38 GMT Acacia Media is a direct assault on your freedom and your pocketbook! Acacia Media currently owns over a dozen patents covering the use of "streaming media", such as video files and audio/MP3s, including *original* content. Note this issue has *nothing* to do with copyrights whatsoever...this affects *all* use of any streaming media by anyone! Currently, Acacia Media has been targeting the adult industry with patent infringement letters and lawsuits. Acacia Media has chosen to target the adult industry first, since they are an easy legal target, but make no mistake, Acacia Media is targeting EVERYONE who uses, or even merely links, to any "streaming media" content... Including individals! Thousands of people have recently received legal notices from Acacia Media to cease using/linking to video and audio content and further to sign manditory license agreements, as well as make hefty royalty payments to them well into the distant future! See more details regarding their crazy, but legally abusive patents: http://www.acaciatechnologies.com/technology_main.htm <snip idiot's rambling> From the website you posted "Acacia's DMT technology is supported by 5 U.S. and 17 International patents." Their patent is on the DMT technology that THEY created, not all types of streaming media you half-baked dip#@($. I actuall took the time and effort to read some of the patent information. The most recent one appears to be the same as the original. As many of the techinques they claim as their's, has been used on the internet well before the patent was issued, they can not claim that technology as infringement. Quite frankly, I do not agree with granting patents to software to begin with. A patent is basically for any work which must be manufactured by some mechanical means outside of a typewriter, or in today's world, via a computer reproduction. Copyright is for the written word. Which is precisely what software is. Acacia will soon find out that the courts will not believe their arguments that they own exclusive rights to "ALL" streaming media.
Yeah, as soon as someone who has the two to three million dollars it takes to fight a patent infringement case is sued and decides to fight rather than pay.. -- Paul Robinson "Above all else... We shall go on..." "...And continue!" "If the lessons of history teach us anything it is that nobody learns the lessons that history teaches us."
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