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Acacia Steps Up Content-Transfer Patent Claims

MarkRH writes "Over at ExtremeTech we've got an in-depth story on the 20-odd suits being filed against the online porn industry by Acacia Research Corp., which has been previously covered on Slashdot. Now, several online porn companies are forming an association called IMPA (the 'Internet Media Protective Association'). We sat in on conference calls held by the industry, and interviewed Acacia executives. Bottom line: the porn industry is just the beginning."

184 comments

  1. mm.. by seann · · Score: 4, Funny

    Is there anything porn Can't do?
    Fight the government, clean the tubes, sounds like a full day for me.

    --
    I'm a big retard who forgot to log out of Slashdot on Mike's computer! LOOK AT ME.
    1. Re:mm.. by binaryDigit · · Score: 5, Funny

      clean the tubes

      I know this will get mod'ed off topic, but what the hell, I have karma to burn

      That statement reminds me of a joke (apologies to our foreign friends if you don't get it)

      A guy was at the hospital getting ready to get a vasectomy. He was in a sour mood knowing the fate that was about to befall him. After removing his clothes and donning his hospital gown, he was lead by a nurse down the halls of the hospital to go to see the doctor how was to perform the procedure. On the way down the hall, he happened to glance into a room. In that room he saw several attractive nurses giving BJ's to the male patients. "Holy Cow, what's going on in there" he asked. The nurse calmly replied that those men were also getting vasectomies, and that as a pre-surgery procedure, they want to make sure that the mans plumbing was clear of any semen. Now his demeanour picked right up and his pace quickened down the hallway. He then happened to glance another room, and in this room there were several men in gowns holding Playboys while jacking off. "What is going on in there?" he asked puzzled. The nurse replied, "Oh, the same thing, but they belong to an HMO."

    2. Re:mm.. by Anonymous Coward · · Score: 0

      I think the HMO guys would get construction workers named Biff beating the crap out of them until they came.

      I belong to an HMO.

    3. Re:mm.. by dirvish · · Score: 4, Insightful

      Why do you think the internet is as succesful as it is? PORN! Why do you think pay-per-view exists? PORN! Porn gets most forms of media going.

    4. Re:mm.. by JWSmythe · · Score: 3, Interesting

      Exactly. Would such large lines be running all over the world if we didn't have lots of data to transmit? If it was just Email, and light web usage, T1's would still be the norm.. But adult content has always been a strong driving point. In the next couple weeks, we'll be putting our composite bandwidth graph up on our front page. We peak at between 800Mb/s and 1Gb/s daily.. The only other sites that do anything like that are warez and mp3 sites.. Of course, there are the isolated exception..

      But, porn has completely pushed the Internet to what it is now. Just like getting VCR's and DVD players into the home.. DVD's were first seriously released for home viewing porn. Then places like Blockbuster started carrying movies on DVD..

      People don't like talking about it, but it's the truth. And yes, you're absolutely right about PPV.. They were doing PPV movies for long before they started doing regular movies.. And still any cable provider's service includes adult movies.. They don't even have to advertise it, and people still spend lots of money on it..

      I love this business. Meet hot women, work with the best technology.. I don't think working anywhere else I'd be ordering 1Gb/s fiber into cabinets all over the country. I wouldn't just say "Ok, 10 more servers for that site", and have them en-route in a couple days.. Voyeurweb.com is retiring some of our old servers, and putting new ones up this week. Yippie.

      --
      Serious? Seriousness is well above my pay grade.
    5. Re:mm.. by Tablizer · · Score: 1

      I think the HMO guys would get construction workers named Biff beating the crap out of them until they came.

      Or ask for volunteers to perform oral, and Biff would be one.

    6. Re:mm.. by eah · · Score: 1

      Man, am I in the wrong line of work...

  2. something srtange by rainman31415 · · Score: 1, Funny

    there seems to be something simply wrong with an alliance in the porn industry.....the Christian right is gonna have a fit. might make for some entertaining news...


    rainman

    1. Re:something srtange by Anonymous Coward · · Score: 0

      Yeah man,

      How long until Bush declares War On Porn to take the heat off Trent Lott?

    2. Re:something srtange by jvj24601 · · Score: 4, Interesting

      there seems to be something simply wrong with an alliance in the porn industry.....the Christian right is gonna have a fit. might make for some entertaining news...

      Of course, the Christian right has some sites that also use streaming video (see the link titled "Watch the Program" from CBN).

      Now, an alliance between the porn industry and CBN - that would be impressive...

    3. Re:something srtange by nagora · · Score: 4, Funny
      Now, an alliance between the porn industry and CBN - that would be impressive...

      This is getting more and more like a game of Illuminati every day!

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  3. It's ironic... by Anonvmous+Coward · · Score: 5, Interesting

    ... Ironic to me at least. The MPAA claims that video over the net has to be locked up in a chastity belt in order to survive. Yet, the porn industry has been able to thrive even in a highly saturated market.

    It'd suck if this caused a damaging blow to the porn industry. It's probably the best proof out there that the internet *is* a place where people can make money with content without having to use DRM.

    1. Re:It's ironic... by ejdmoo · · Score: 3, Funny

      "It'd suck if this caused a damaging blow to the porn industry."

      Couldn't help it...

    2. Re:It's ironic... by b0r1s · · Score: 2, Interesting

      It'd suck if this caused a damaging blow to the porn industry. It's probably the best proof out there that the internet *is* a place where people can make money with content without having to use DRM.

      Nice claim, but the porn industry does, to some extent, employ DRM in many of the video content they allow to be downloaded.

      There are video (porn) files floating around that can only be played a certain number of times (Windows media, not MPEG or AVI), and can not be played after being burned.

      --
      Mooniacs for iOS and Android
    3. Re:It's ironic... by sys$manager · · Score: 4, Interesting

      From what I've heard, the porn industry isn't thriving. Three companies control almost all of the Internet porn and everyone else barely breaks even, if that.

    4. Re:It's ironic... by ryochiji · · Score: 5, Interesting
      >Yet, the porn industry has been able to thrive even in a highly saturated market.

      You don't ever mess with the porn industry. And the MPAA knows that.

      I'm serious. The porn industry has proven itself to be vital in propogation of new technologies. Whether it's the internet, "rich content" or cable TV, the porn industry has always lead the industry at large. Killing the porn industry is equivalent to technological suicide.

    5. Re:It's ironic... by Mac+Degger · · Score: 3, Interesting

      Speaking of innovation, Private (a pron company in germany, denmark or somewhere in that geographic region) has announced the launch of their new magazine...on a flash card! Some words, some video...dunno how much it costs, but talk about innovation on you Palm :) (well, clie, more likely, but I couldn't resist :) )

      --
      -- Waht? Tehr's a preveiw buottn?
    6. Re:It's ironic... by Registered+Coward+v2 · · Score: 3, Funny

      [i]The MPAA claims that video over the net has to be locked up in a chastity belt in order to survive.[/i]

      That's because the porn industry views chastity belts as mere temporary impediments to delivering the goods.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    7. Re:It's ironic... by JWSmythe · · Score: 4, Informative

      Not really. It's just hard to start as a nobody and do well.. There are a lot of big companies that do very well, and lots of small companies that do pretty good. Well, if you consider a few million/year take-home satisfactory.

      If you're really interested, there's a convention twice a year, where most of the big providers have booths, and lots of people, ranging from talent (read, lots of hot girls), to webmasters (anyone with a site) show up and talk business.

      The convention is InterNext The last one was in Miami a few months ago. The next one is at the "Sans Expo Center", in Las Vegas. Jan 6 - 8 . Admission for 3 days is $275 . It's well worth it if you want to try this as a business, even if you aren't producing your own content.. It's a good way to get familiar with content providers and billing companies.. Or, if you have your own girls and make your own content, bring them, and meet the people that will pay you for your content.

      I'll be there. I'll be hard to spot though. I'll be the well dressed guy with a couple hot girls hanging on me the whole time.. :)

      Oh, porn is a tough industry.. :) People make good money. If they didn't, people wouldn't be coming to the convention like they do. It costs a few bucks to bring a bunch of employees to Vegas, put them up in the good hotels for a few days, and all..

      The people that Don't do well are the ones that put up really lame sites with a few pictures stolen from newsgroups, and expect to make a bundle.. You have to have something people want to spend money on. If you don't, they won't buy..

      --
      Serious? Seriousness is well above my pay grade.
    8. Re:It's ironic... by Erasmus+Darwin · · Score: 2
      "The MPAA claims that video over the net has to be locked up in a chastity belt in order to survive. Yet, the porn industry has been able to thrive even in a highly saturated market."

      On the other hand, the MPAA has a much greater financial investment per film. If major motion pictures operated on porn-level budgets, would most geeks still be really looking forward to "The Two Towers" or "The Matrix Reloaded"?

    9. Re:It's ironic... by Com2Kid · · Score: 2, Funny
      • If you're really interested, there's a convention twice a year, where most of the big providers have booths, and lots of people, ranging from talent (read, lots of hot girls), to webmasters (anyone with a site) show up and talk business.


      So your saying that if I wanted to get rid of all of those "xxxhot donkey sex actionxxx" spam messages in my inbox, that that convention would be the place to go postal at?
    10. Re:It's ironic... by beowulfcluster · · Score: 0

      On the other hand, just imagine how much the porn industry would rake in if they'd have the same budget as Peter Jackson. Who would NOT go and see a movie with a MASSIVE gangbang with the hero and 9999 Natalie Portmans?

    11. Re:It's ironic... by gl4ss · · Score: 1

      it's based in spain, though they make films all over europe at least.

      http://biz.yahoo.com/prnews/021209/lam074_1.html
      about those pda chip prons..

      --
      world was created 5 seconds before this post as it is.
    12. Re:It's ironic... by Sleepy · · Score: 3, Interesting

      >If major motion pictures operated on porn-level budgets, would most geeks still be really looking forward to "The Two Towers" or "The Matrix Reloaded"?

      I'd say a qualified "yes". Many of my favorite all-time sci-fi movies were done on shoestring budgets: Logan's Run, Farenheit 451, Soylent Green , the first Star Wars, The Blob, Godzilla, etc.

      Sure, these are old classics, but for their time they were CHEAP.

      Today, the big cinema chains won't carry it if it doesn't have a huge budget. The independents are gone except for in a few large cities. Now instead of sci-fi for the "bookworms", we get sci-fi for the "Happy Meal, Walmart Crowd" (Independence Day, Jurrasic Park, Men In Black, any post-SW EP4 Lucas movie ;-)

      My old-fashioned thinking is, the Matrix or any other movie can be great on a shoestring budget if it makes you THINK.

    13. Re:It's ironic... by swv3752 · · Score: 2

      "The Two Towers" sounds like a gay film, so many geeks probably are not interested. "The Matrix Reloaded" sounds like it has potential, maybe a gangbang film. So as porn films, geeks are probably 50-50 split.

      --
      Just a Tuna in the Sea of Life
    14. Re:It's ironic... by Erasmus+Darwin · · Score: 2
      "I'd say a qualified "yes". Many of my favorite all-time sci-fi movies were done on shoestring budgets: Logan's Run, Farenheit 451, Soylent Green , the first Star Wars, The Blob, Godzilla, etc."

      Those movies were only on shoestring budgets by motion picture standards.

      (Figures from IMDB)
      Star Wars -- $11 million
      Logan's Run -- $9 million
      The Blob (1988) -- $8.247 million
      The Blob (1958) -- $240,000
      Fahrenheit 451 -- No budget listed
      Soylent Green -- No budget listed
      Godzilla, King of the Monsters! -- No budget listed

      A quick google on "average budget" "porn film", turns up a figure that the average porn budget is $25,000 (article here). That means, by porn budget standards, even the 1958 version of The Blob is a mega blockbuster. Star Wars and Logan's Run are off the charts.

      Now I agree with you that there's more to a movie than just its budget. If nothing else, Waterworld ($175 million wasted) proves that point. However, even though money doesn't make the movie, it's hard to make a movie -- even a simple, story-driven one -- without money. And attempting to make regular movies on a porn budget would be a lose-lose scenario for everyone. Yes, there'd be less cases of the MPAA exercises its (hotly contested, at least on Slashdot) rights, but that's because there'd be no reason to -- the bulk of what would be available would be comparable to what's currently freely available on sites like ifilm.com.

    15. Re:It's ironic... by Anonymous Coward · · Score: 0

      Actually, he kinda said that those guys won't be there.

      "[Internet Porn Industry] People make good money. If they didn't, people wouldn't be coming to the convention"

      "The people that Don't do well are the ones that put up really lame sites"

      The people who have to resort to spam advertising are generally the lame sites. They aren't doing well, and probably can't afford the convention.

  4. hmm.... by Anonymous Coward · · Score: 0

    "When you say 'low hanging fruit', yes, it makes business sense for us to pursue an industry that's making money,'" said Robert Berman, senior vice president and general counsel at Acacia. "They've been doing it for years."

    Whoa... throw that one on the bloopers real...

    1. Re:hmm.... by jedidiah · · Score: 2

      I wonder if it ever occured to those people that companies that are "making money" also may very well have the resources to fight off an attack? I suspect that the porn industry is the LAST group they want to mess with.

      Any company that can enrich your war chest can create one of it's own.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  5. Contact the big guys yourself by Anonymous Coward · · Score: 4, Interesting

    --contact the big guys yourself. If these guys get an court settlement test cases in their favor, it's going to cost a lot of the big guys serious folding money to fight the case themselves. whereas-if you can convince them to help you fight your relatively small case NOW, they can potentially save BIG BUCKS later. That's the best idea I can think of right now. These guys are fishing, but they will start taking people to court, and bet a nickle that they have a tame judge's area picked out where to file in. That's just a logic train, in war, the dude who picks the battle and terrain and goes first has the upper hand right off the bat. I haven't looked at any of the patents yet though, so no idea if their claims have any merit, but potentially this is bigger than the e-commerce patent fights if what they say is true. Just think of real player and quicktime and windows media player stuff, it would appear that all of those efforts are in violation potentially. I mean, transmitting digital content on wires? Say whut? That's a very, very broad avenue for "the internet". You might have difficulty though seeing as how you have a porn site, could be none of the big guys would want to be seen publically as "in favor of" your ....uhhh... artistic efforts on the net. In that case, seek contributions from like minded webmasters and hosts from this "industry" that will be similarly affected. There's thousands of them, a few bucks apiece donated might be prudent.

    I imagine all these parties have employees who read slashdot, so they will see this thread. good luck.

    1. Re:Contact the big guys yourself by Anonymous Coward · · Score: 0

      Yes. They do have employees who are reading this. If Accacia gets a favorable ruling here you all are next.

  6. The bright side by banzai51 · · Score: 3, Insightful

    In aggregate, these guys should have the money to defeat these 'patent' claims.

    1. Re:The bright side by JonWan · · Score: 1

      Not only that but the porn people will have all of the big media companys on their side.

      I wonder if Acacia will sue the ad companies that use Flash for ads?
      A patent for downloading (transmitting) multimedia is dumber than the BT hyperlink patent. I wonder if it includes FTP servers?

    2. Re:The bright side by Anonymous Coward · · Score: 0

      In aggregate, these guys should have the money to defeat these 'patent' claims.

      Or to take out a hit.

    3. Re:The bright side by Anonymous Coward · · Score: 0

      Are you saying that the law has nothing to do with it and money can buy justice!!
      I would have never believed it!

  7. Is there no ends to all this. by nlinecomputers · · Score: 2

    Geezz... A guy can't sit in the privacy in his own home and watch porn and plan terriorst attacks on third world nations in peace anymore. Next they'll copy protect all my DVDs, wire tap the internet, and install the same operating system on every PCs.

    *pisssstt*"They are all ready doing that."

    D'Oh!

    --
    Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
  8. Organize! by L.+VeGas · · Score: 5, Funny

    They need to form alliances with sister organizations such as the International Petroleum Jelly Manufacturing Consortium and the Repetitive Stress Disorder Sufferer's Association.

  9. Brilliant move by lightspawn · · Score: 5, Insightful

    This company is looking to legitimize the patent by going after the shady companies which as we all know are destroying the immortal souls of kids everywhere. How can you not love them? They're fighting to keep your kids safe from nipples!

    Now they'll have the parents and politicans and whatever on their side, and perhaps somehow make people believe that going along with this patent scheme is great for the moral future of a terrorist-free America... and then there would be no reason not to go after fortune 500 companies which don't much care for lawsuits but have enough money to license any patent, no matter how preposteriorous.

    1. Re:Brilliant move by garcia · · Score: 2

      from the article, "they are making a war-chest" by going after smaller companies first, adding to their supposed $65 million in cash, then going after larger content providers such as AOL TW.

      Of course most people are going to get owned b/c the $1500 is far less than lawyer fees... AOL will just tell them to bug off unless of course the "war-chest" grows to astronomical proportions.

      The arguement that these patents were filed before the office "knew what to do w/them" are ridiculous. I seriously hope they have a better protection scheme than that.

    2. Re:Brilliant move by tomdarch · · Score: 3, Funny
      going after the smut providers certainly was a brillinat move. Normally, the big fish would consider helping out the small fish who are being raped first, but because AOLTW and their ilk can't be seen to be 'promoting porn,' they can't help the small fish.

      How do we convince people that patent abuse funds international terrorism?

    3. Re:Brilliant move by Syre · · Score: 2

      If no one can find prior art, this patent #5,253,275 looks pretty good. It seems that it covers not only streaming and buffered play, but things like Tivo and Replay TV.

      On the other hand, I can't believe there's no prior art, since it was filed April 2, 1992.

      Surely someone here on /. was involved with some kind of interactive, buffered TV project before then. Maybe the MIT Media Lab's Advanced Television Workshop?

      C'mon... everyone... start digging and maybe we can find the prior art that's needed to invalidate this thing.

    4. Re:Brilliant move by Anonymous Coward · · Score: 1, Funny
      They're fighting to keep your kids safe from nipples!
      Aaaah!! My wife is one of the evil-doers! Dammit, she's shoving that nipple into my kid's mouth RIGHT NOW!!

      MY GOD, HOW COULD SHE? HE'S ONLY 4 MONTHS OLD!!!

    5. Re:Brilliant move by jmccay · · Score: 2

      I doubt it will happen this way. Not everyone is as stupid as you are claiming them to be. Most of these people will realise that they could be next if they even have 1 streamed file (such as, but not limited to, a church that has mp3 of the sermons to listen to on the net). These people won't stand side-by-side with the porn industry, but they will not support Acacia either. They'll probably wait it out

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
  10. hey by Joe+the+Lesser · · Score: 2

    I thought the porn industry had already united under the Organization for Regulating Growth and Youth protection.

    --
    "I only speak the truth"
    Karma: null(Mostly affected by an unassigned variable)
    1. Re:hey by trveler · · Score: 1

      Does nobody notice the abbreviation in the parent post?

      --
      ... is whot bwings os tugevza tsuzay.
    2. Re:hey by Joe+the+Lesser · · Score: 1

      I know, what a dissapointment. I spent five minutes on that one.

      --
      "I only speak the truth"
      Karma: null(Mostly affected by an unassigned variable)
  11. All right ..... by binaryDigit · · Score: 3, Insightful

    now we get to side with the pR0n industry. I guess lame ass patents transcend most of the normal things that the average /.'er dislikes (M$, Sony, et al).

    When is the USPTO going to realize that there is a significant problem with patents and how they are applied to technology and do a major overhaul of the entire system. Is there a group that is working on getting this pushed through?

    1. Re:All right ..... by JonWan · · Score: 3, Insightful

      When did Slashdotters NOT support the porno industry?

      Remember this is the "Patent it all and let the courts sort it out" U.S. Patent Office you are talking about.

    2. Re:All right ..... by Anonymous Coward · · Score: 0
      Yeah, right. Slashdotters don't pay for anything. They downloaded pirated pr0n from alt.binaries.*.

      ~~~

  12. Cool by unterderbrucke · · Score: 1

    "Now, several online porn companies are forming an association called IMPA (the 'Internet Media Protective Association')

    Is this the anti-RIAA group?
    Maybe we can get an expansion of this group from a couple of seedy websites to include such illustrious sites as Censorware.org. Too bad Censorware.org is still being held by someone named Micheal in a bitter disputer between this Michael and everyone else in the old Censorware.org group.

  13. no pun intended by very · · Score: 1

    this is a blow to porn industry!

    Now they have to transfer the movies thru the "traditional" way. Video tapes, and DVDs

  14. They chose the wrong name... by dfn5 · · Score: 5, Funny
    Now, several online porn companies are forming an association called IMPA (the 'Internet Media Protective Association').

    It should've been Protecting Internet Media Porn. I wonder if there is still time to change it.

    --
    -- Thou hast strayed far from the path of the Avatar.
    1. Re:They chose the wrong name... by LordNimon · · Score: 2, Funny

      Well, if they fail, they'll have to change the acronym to IMPATENT.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    2. Re:They chose the wrong name... by Anonymous Coward · · Score: 0

      hahaha that's funny on many levels

    3. Re:They chose the wrong name... by Tablizer · · Score: 1

      Since Acacia and PanIP have similar internet fleecing strategies, they chould merge.

      Their new name would be PanAc!

  15. An offer they can't refuse by Arcturax · · Score: 5, Funny

    Only I wonder who will be getting the said "offer". After all, organized crime is increasingly involved with internet porn, especially pay sites.

    So Acacia may just get a lil visit from da boys if they keep this up and sent a bill to the wrong people.

    In this case, we can only hope that is what happens.

    --

    --Won't that be grand? Computers and the programs will start thinking and the people will stop. - Dr. Walter Gibbs
    1. Re:An offer they can't refuse by Tablizer · · Score: 1

      Mob versus lawyers?

      Imagine all the dead horses brought to court as evidence.

  16. Is there anything acronyms can't do? by Ignorant+Aardvark · · Score: 1

    I forsee in five years World War III will start as a feud between warring organizations. IMPA, RIAA, and MPAA will start a colossal flame war online against each other that will result in full scale nuclear annihilation. I mean, if these people are capable of doing everything they claim, then what's a few nukes?!

  17. Cock Cockwood! by Anonymous Coward · · Score: 0

    Vlad,
    By posting this, you broke your club's rule. No Twinkies for you, fatty.

  18. Best quote in article by MadAnthony02 · · Score: 5, Funny

    During the adult industry's conference call, lawyers expressed hope that these media giants might provide "back channel" support, such as the results of previous "prior art" searches in an attempt to defeat the Acacia patents.

    Hmm... provide back channel support support to the porn industry.

    Also, you realize this means someone at Arcadia had the job of looking at porn sites to track down sites to sue? Get paid to surf porn. That's my dream job. Plus if they win, they get to audit the porn companies

    1. Re:Best quote in article by Tablizer · · Score: 2, Insightful

      Get paid to surf porn. That's my dream job. Plus if they win, they get to audit the porn companies

      Note that you can't be choosey. You would have to also audit gay porn, poop fetishes, and goatse-like fetish places.

      You still game?.....Hello?

    2. Re:Best quote in article by Skuld-Chan · · Score: 1

      I used to be a content grader at rulespace.com and for a while (until they layed most everyone off) it was my job to browse and audit porn sites.

      Think about it - no matter how right wing a content filter company someone actually had to look at all those blocked sites - just to make sure they were worth blocking.

    3. Re:Best quote in article by grep_a_life · · Score: 1

      I had a friend who was hired by the local church to look for "bad sites" and compile a list for site blocking software. He gets to surf for porn, gets paid to do it, and with the blessings of the church! Some guys are just plain lucky...

      --

      I drink, therefore, I am.
      -- W. C. Fields
    4. Re:Best quote in article by Anonymous Coward · · Score: 0

      You would have to also audit gay porn, poop fetishes, and goatse-like fetish places.

      In other news, 600,000 boys known as "slashbots" apply for job for porn auditor.

  19. I'm being sued for taking a leak. by jo_ham · · Score: 3, Funny

    Some bright young upstart that owns an American company filed a patent for "evacuation of liquid into a self cleaning porcelain container".

    I had the misfortune to ask them where the bathroom was since I was desperate for a piss.

    The lawsuit is going to take ages! I can't wait that long!

    If I piss myself I'll have to pay for a licence to wash my trousers at the laundromat else I'll be in violation of the "clean garments by watching them spin round and round in a drum with hydrogen dioxide and sodium sterate" patent.

    In soviet russia, I wouldn't have this problem I'm sure.

    Do they piss on me there?

    1. Re:I'm being sued for taking a leak. by Anonymous Coward · · Score: 0

      In SOVIET RUSSIA patents piss on YOU!

    2. Re:I'm being sued for taking a leak. by Narchie+Troll · · Score: 1

      Hydrogen dioxide? HO2? Do you not mean dihydrogen oxide?

    3. Re:I'm being sued for taking a leak. by Elentar · · Score: 1
      Wouldn't that be dihydrogen monoxide, or DHMO?

      -Elentar

      --
      The wheel it turns, around and around, with an ancient rumbling sound.
  20. They need to get the MPAA and RIAA in on this by Paul+Johnson · · Score: 5, Interesting
    The traditional media industries are not going to like this one little bit. At present Acacia is going after what they call "low hanging fruit", because in cases like this its often the bigger legal budget that wins. Once Acacia has some money and precedents under its belt it can tackle the bigger boys.

    It seems to me that the fruit higher up should see how this is going to go. If they don't hang together they will assuredly all hang separately.

    Paul.

    --
    You are lost in a twisty maze of little standards, all different.
    1. Re:They need to get the MPAA and RIAA in on this by Anonymous Coward · · Score: 0

      Personally, I'm hanging a little to the left.

  21. I say, "Great!" by bmetzler · · Score: 0, Troll
    Whatever hurts the porn industry is a good thing.

    We can deal with other "Digital Transmission" violations as we get to them.

    -Brent
    1. Re:I say, "Great!" by LostCluster · · Score: 5, Insightful

      It's that kind of logic that these twerps are hoping for...

      The problem with it is that if a porn site loses the patent cases first, then when they go after AOL Time Warner and friends they can point to their porn case victories. Content doesn't mater in the patent. If it's a violation of the patent to transfer a .mpg of porn, it's a violation to transfer a .mpg of a religious gathering too.

      This sets up a horrible sitation for the big content owners. If they throw their weight into this case, they're gonna get labeled as supporting porn. If they stay out of this case, they're gonna get hit hard with patent claims of their own...

      And then once the big guys go down, well, are their any forms of digital media on your site?

    2. Re:I say, "Great!" by Sloppy · · Score: 2, Interesting
      Whatever hurts the porn industry is a good thing.
      Why? What's wrong with the porn industry? I've never heard of anyone getting locked in to proprietary porn. I haven't heard of the porn people corrupting lawmakers and getting them to pass weird laws. I haven't heard of them polluting streams, driving mom'n'pop pornmakers out of business by selling porn at below cost, or patenting sex positions. Speaking generally, the porn industry looks rather clean and benign.
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  22. With Porn on our side... by m1a1 · · Score: 1

    how can we lose?

  23. They actually messed up with this by TerryAtWork · · Score: 2

    The Porn industry has lots of money to defend itself with.

    --
    It's Christmas everyday with BitTorrent.
    1. Re:They actually messed up with this by LostCluster · · Score: 2

      But the porn industry money is not in the hands of five mega-companies like the mass media industry is. Therefore, companies are being sued one-by-one and each company has to decide whether it is worth it to risk everything on a lawsuit defense.

      Worst of all, the defense organization is charging members exactly the same fees they'd pay if they just give up... they save no money by fighting this, and only risk losing and being bankrupted. It's a hard call for the individual owners to make.

  24. Viscious lawsuit circle ahoy! by Dark+Lord+Seth · · Score: 5, Funny

    I can already imagine the following:

    • 10: **AA sues Acacia for distributing the technology which allows copyright infringement.
    • 20: Acacia sues the **AA for allowing artists to use media types they own a patent on.
    • 30: GOTO 10
    1. Re:Viscious lawsuit circle ahoy! by Anonymous Coward · · Score: 0

      To a programmer: Gotos considered harmful
      To a laywer: Gotots considered profitable

  25. Porn will save the internet? by EvilStein · · Score: 2

    It's a multi BILLION dollar industry. Some of the porn companies have piles of cash that are too large to shake a stick at.

    And they have lawyers.

    Bye bye, Acacia.. heh. Smacked down like a little bitch in "Bob's Bondage Barn Volume 95"

    1. Re:Porn will save the internet? by eaolson · · Score: 2
      Some of the porn companies have piles of cash that are too large to shake a stick at.
      OK, at least one poster has said that porn companies are barely holding their own, and more that one has said they're rolling in the dough. Anyone have any facts?
    2. Re:Porn will save the internet? by scotch · · Score: 2
      Anyone have any facts?

      On slashdot? Not likely. Try facts-r-us.

      --
      XML causes global warming.
    3. Re:Porn will save the internet? by afidel · · Score: 2

      Here's an article from Time 1998 talking about revenues of $4.2Billion with vivid videos having annual revenue of over $25 million here

      My guess is these are not small fish but more medium sized fish. They may or may not be able to fight it out with these guys but anything smaller would not be worth the time/risk to their patents.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    4. Re:Porn will save the internet? by ElderKorean · · Score: 1
      OK, at least one poster has said that porn companies are barely holding their own, and more that one has said they're rolling in the dough.

      I would have though that most of the porn out there isn't just holding their own, but holding someone else's.

  26. A telling quote by EschewObfuscation · · Score: 5, Informative
    [From the article]


    "What we did before we purchased the company (Greenwich) was to spend considerable time and resources evaluating this portfolio as to whether we think these patents are valid and whether they are enforceable," Berman said. "We did several prior art searches... It was important to go to the marketplace knowing what we had was valid."
    [snip]
    "We're not willing to put anyone out of business; we're not looking to change anyone's behavior," Berman said. "If people feel that this is something they need to challenge in court, fine. But if they challenge this in court, 75 percent of the people will likely spend more in court fees than they'll spend in royalties to us. If they're successful, they'll recoup those fees. If they're not successful" Berman shrugged.


    Really says it all, doesn't it? That's the strategy of all of these patent claims: Comapnies that can handle the fees will settle because it is easier, and possibly cheaper. Companies that cannot will either simply bow out without firing a shot, or will be outspent by the now successfully revenue generating lawsuit machine. Plus, although a company settling and agreeing to play the patent fee doesn't set a legal precedent, it has to sway the courts somewheat if the lawers can argue that N multi-million dollar corporations are paying the fees.

    I for one hope the adult companies fight this one and win. If they do, perhaps people will stop buying these absurd patents solely for the revenue lawsuits can generate.
    --

    (email addr is at acm, not mca)
    We are Number One. All others are Number Two, or lower.
    --The Sphinx
    1. Re:A telling quote by Lemmy+Caution · · Score: 2

      Funny how Ben Stein in his "how America is losing its technological edge" piece was so busy being a fluff-job for the same tired old big-business agenda and cranky curmudgeonry and somehow managed to miss that the biggest threat to technological innovation could be the patent system.

    2. Re:A telling quote by Anonymous Coward · · Score: 0

      biggest threat to technological innovation could be the patent system

      The real problem lies within the cost of litigation.

      Innovation is hampered by patent shakedown schemes because it costs less to settle than to litigate.

      On the other side of the sword, innovation is hampered by the inability of meritorious small entity patent holders to enforce their patents because they cannot afford to litigate.

      Go out and expend your resources and if you are skilled and lucky enough to invent something noteworthy then good luck seeing any gain off of it.

      The risk/innovation impetus is so important that virtually all of the developed world have implemented patent systems in order to foster it.

      Our country needs a system back in place that rewards scientists/risk takers instead of atheletes/ pop stars.

      ---------------

      Several have proposed changes to patent laws in order to decrease litigation costs.

      -------------

      Hmmmm,

      Why not open source litigation?

      These pno guys could, for example, pick a small defendant that was going out of business anyway (with little revenues to attach royalties to) and open a web site for any volunteer attorney to craft responses, briefs, motions, etc.

      The plaintiffs would then be forced to adjudicate the patent (they could not settle because the defendants would not settle for > zero because the defendants have zero costs).

      What a great experiment in democracy it could be!

  27. how many? by BoneFlower · · Score: 2

    How many companies does this make that own all technology involved in the internet? At least 50. Why can't they sue each other, decide who holds the valid patents, and THEN sue websites.

  28. This has got to stop by JVert · · Score: 1

    This kind of stuff scares the hell out of me. Between 'loosly defined' patent enforcement and lawsuits that exist just to pay lawyers. This is the kinda stuff George Orwell warned you about (I dont think even he saw this comming).

    Having a hard time taking down you local dictatorship? Try taking one down thats got laywers instead of militia.

  29. Hmm.. well, check two articles down. by User+956 · · Score: 5, Insightful

    Looks like we found the answer to today's Ask Slashdot:

    Sometimes it appears like the U.S. is losing its edge in technology. Well, I was wondering what the Slashdot community at large thinks is wrong (or right) with the U.S. and technological innovation?"

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:Hmm.. well, check two articles down. by SirSlud · · Score: 2

      Well, we could put 5000 lawyers at the bottom of the sea, but PanIP or Acadia probably owns the patent on cloning laywers so it'd be tough to win a conclusive victory that way.

      --
      "Old man yells at systemd"
    2. Re:Hmm.. well, check two articles down. by LostCluster · · Score: 2

      Both patent and copyright laws need to be reformed... stat.

    3. Re:Hmm.. well, check two articles down. by WCMI92 · · Score: 2

      "Looks like we found the answer to today's Ask Slashdot:
      Sometimes it appears like the U.S. is losing its edge in technology. Well, I was wondering what the Slashdot community at large thinks is wrong (or right) with the U.S. and technological innovation?" "

      Yep. Out of control trial lawyers and antiquated tort laws are consuming innovation in this country. It's not a coincidence that the trial lawyers are the biggest contributor to one of the two major parties (Democrats).

      Lawsuits are supposed to be remedies for those who actually suffer HARM because of the misdeeds of others. Instead, they've become a means of wealth redistrobution---to lawyers.

      The legal industry does not generate wealth and income, it consumes it.

      --
      Corporatism != Free Market
  30. Bastards! by Kurt+Russell · · Score: 1
    Others said the industry would not go down without a fight. "If we paid Acacia, it would be rolling over," said one adult webmistress in an interview, who asked not to be named. "It would be like saying 'Screw me,' even though that's (what) my business is about."

    You tell em.. they are gonna have to pry Jenna Jameson out of my warm greasy hand!

    1. Re:Bastards! by Anonymous Coward · · Score: 0

      That's not grease.

  31. Re:In depth? by ryanr · · Score: 3, Funny

    Pages 2 and 3 are also only one page long each, but if you consider them collectively, then it's a bit more substantial.

  32. this kinda stupid by Dylan_t_p · · Score: 3, Insightful

    Thing is IF they were to win this battle (acacia not the porn industry) where would they drawn the line? So many differnt people acording to their claims are infringing on their patents Nasa for one, all major internet news sources stream content over the internet too so where do you stop? Do you sue the government for infringing on your patents? Take down the news Media? This is a pretty good example of why the government should do some major changes on how patents work so they don't get abused like this.

    Anyways thats my two cents let the down-modding begin
  33. Re:In depth? by GargoyleTS · · Score: 1

    Click "next" at the bottom of the article it goes on for 3 pages total.

    "sometimes it really does pay to read!"

  34. the legal term "go fuck yourself" applies by poot_rootbeer · · Score: 5, Insightful

    I'm surprised that Acacia actually seems to have the balls to go through with their threats to bring this to court. It would only take one ruling that the patent is overly broad and inapplicable to ruin their business plan forever.

    Threatening to sue is a great way to make money, because there's very little expense and great potential for return involved. (It's like a meatspace equivalent to email spamming.)

    But actually suing people is a much more risky business plan. You can never be sure that the men and women on the jury are going to act in the best interest of your bottom line.

    1. Re:the legal term "go fuck yourself" applies by WCMI92 · · Score: 3, Interesting

      "But actually suing people is a much more risky business plan. You can never be sure that the men and women on the jury are going to act in the best interest of your bottom line."

      Ask Rambust. The little IP company that could (sue) went after everyone who wanted to produce DDR, and ended up with the judge in the case that was initiated BY THEM ruling them guilty of fraud...

      --
      Corporatism != Free Market
    2. Re:the legal term "go fuck yourself" applies by Zeinfeld · · Score: 2
      I'm surprised that Acacia actually seems to have the balls to go through with their threats to bring this to court. It would only take one ruling that the patent is overly broad and inapplicable to ruin their business plan forever.

      We have not seen anything more than the demand letters so far.

      Taking the case to court is going to be massively risky, but it seems very unlikely that all the victims will pay up.

      There is pretty solid prior art. The Compuserve Gif format predates the patent by many years. The earliest browsers were pre-1991 and would display images by means of a pop-up window.

      There were plenty of other hypertext systems that had the same basic mechanism in a non-networked sense. At its coarsest you could even argue that Prestel had a multimedia delivery system.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    3. Re:the legal term "go fuck yourself" applies by Anonymous Coward · · Score: 0

      Did you read the patent? It's ridiculously broad, but not that broad. It talks about compressed video delivery over a network (aka "streaming"). It has nothing to do with GIFs or non-networked systems.

  35. WTF? by wideBlueSkies · · Score: 2, Insightful

    >>Online porn providers represent an ideal target, executives at Acacia say

    Why, because they're profitable?

    Not that I agree with Arcadia's belief that it owns those patents, but they shouldn't be single-ing out a particular industry. They should be going after everyone, not just the adult firms.

    It sounds like gold-digging to me. Perhaps they should wait until their patent claims are considered legally valid before they try to strong arm anyone.

    --
    Huh?
  36. Can anybody say Doctine of Laches? by SirSlud · · Score: 5, Interesting

    http://www.lectlaw.com/def/l056.htm

    or better

    http://www.zurichre-na.com/web/converium/converi um .nsf/articles/5731FF9F4372B6ED85256B43006EA07D?Ope nDocument

    Esentially, if you knew about it in 91, you can't wait till now to go after royalties.

    This might be one of those Vapor-Laws that money speaks louder than, however.

    Everybody read those links, because these submarine patents are bullshit and the more noise the public makes about them, the less likely Acadia, Pan IP, and every other non-innovative lawyer on the planet are to think they can get aware with this bullshit.

    --
    "Old man yells at systemd"
    1. Re:Can anybody say Doctine of Laches? by CommieOverlord · · Score: 1

      It says they filed the patent in 1991. But that doesn't mean the content providers they are going after have been doing since 1991. (Not that I don't think they're idiots)

  37. Finally, a case where the USSR had it right... by Shenkerian · · Score: 3, Funny

    In Soviet Russia, you fuck the patent owners.

    I'm all for that.

    --
    You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    1. Re:Finally, a case where the USSR had it right... by gasgesgos · · Score: 1

      then you tape it and make people pay to watch it online, right?

  38. The good news is... by dark-nl · · Score: 2, Insightful
    From the article: "[...] the lawsuits represent a bet-the-company proposition."

    If they lose this, then it's game over for Acacia and a victory for the human race.

  39. IP Amazes me by ackthpt · · Score: 1
    I'm continually amazed how such an open thing as the ARPANET and HTML have given rise to patentable mechanisms and methods. Seems as absurd. Too bad the internet, as a medium, didn't require forfeiture of any right to exclusive intellectual property for delivering media or providing service.

    Then again, MPAA and RIAA would probably be even more deadset against such an idea.

    --

    A feeling of having made the same mistake before: Deja Foobar
  40. I'll DESTORY REALITY !! by Anonymous Coward · · Score: 0
    I will patent the process of unovation (Avoiding new, but patented technologies, by using older, inefficent, but non-patented methods).

    Nobody will be able to innovate OR go back to the old of doing things.

    What a contradiction !

    Everyone's head will then EXPLODE!!

    BWAHAHAHAHAHHAHAHAHA!

  41. What about Mp3? by loomis · · Score: 1

    So they own several patents concerning the transmission of audio and video over the Internet. I didn't read the patents in detail, but are they referring to tre transmission of streamed media only, or the transmission of any audio or video file?

    If the patents are for streamed content, how does this factor in with things like Real Audio/Video, or other streamed content?

    Loomis

    --
    "The television is the retina of the mind's eye" - Videodrome
  42. What the porn industry should do... by cpart · · Score: 1

    I think the porn industry should get together find all the information they can of the sexual habits of whichever politicians are responsible for letting stupidity like this exist. Then grab them by short and curlies and blackmail the crap out of them and put to rest these restarted issues of DRM and the restriction of freedoms through the use of technology.

    Wonder how they'd liked it if there personal lives were invaded stupid political money grubbing games.

    1. Re:What the porn industry should do... by NineNine · · Score: 3, Insightful

      Larry Flynt has been doing this for years. I don't know the last count, but I know that he has gotten at least SEVERAL senators/congressmen to resign. He regularly offers bounties of tens of thousands of dollars for slimy information on slimy politicians. If I were to meet one famous person in my life, it'd be Larry Flynt. That guy's got some huge balls.

  43. Reaching on their Patent by ad0gg · · Score: 1

    A system of distributing video and/or audio information employs digital signal processing to achieve high rates of data compression. The compressed and encoded audio and/or video information is sent over standard telephone, cable or satellite broadcast channels to a receiver specified by a subscriber of the service, preferably in less than real time, for later playback and optional recording on standard audio and/or video tape. Seems like they are really reaching on that patent. I can see them go after directv or digital cable, but pr0n sites?

    --

    Have you ever been to a turkish prison?

  44. porn profits by magarity · · Score: 2

    OK, at least one poster has said that porn companies are barely holding their own, and more that one has said they're rolling in the dough. Anyone have any facts?

    The only publicly traded company I can find that deals in pornography is Playboy Enterprises (NYSE:PLA). Revenues this year are expected to be $272 million, of which $34 million are profits after expenses. $34M makes nice walking around money but is not whopping loads of cash in the corporate world. And Playboy Enterprises is HUGE compared to an internet outfit with some women in front of webcams. Since those aren't publicly traded, no hard numbers are available. However, I think we can safely assume that the outfits selling cheap videos and internet subscriptions, while obviously profitable, are not quite so flush with funds as some people think.

    1. Re:porn profits by Mr.Sharpy · · Score: 1

      Ah but the backroom porn companies with blondes in front of webcams have extremely low overhead. For all you know the models are street whores (and some of the ones I have seen surely are) working for $150 for a shoot. Probably the largest component of business overhead for such companies is the bandwidth and technical services to deliver their wares. And remember...there is a reason why most of the internet is porn. If it was not profitable, people would not do it.

  45. What happened to the good old days? by Anonymous Coward · · Score: 1, Insightful

    The days back when Real Men did Real Work. None of this bullshit with hijacking patents and holding businesses at ransom.

  46. Talk about broad by afidel · · Score: 3, Interesting

    This portfolio of patents make business patents like one click seem exact and concrete by comparison. Basically these guys talk about any digital video on demand which is an idea not an invention and certainly not something worthy of a patent, especially not as late as 1992. One interesting thing from a laymans POV is how they are very generic as to the specifics of implementation except in claim 23.

    The distribution method as recited in claim 19, wherein the step of storing includes the step of storing the received information at the head end of a cable television reception system.

    It seems to me this limits their patent to VOD systems for a cable company or in room service not distribution over a distributed network (or heck a network of any kind). I don't claim to be a patent expert but how can a patent this broad apply if all of the claims do not apply? I mean if individual claims can stand on their own then there are some broad quantum computer patents I need to file!

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    1. Re:Talk about broad by poot_rootbeer · · Score: 2

      Quantum computer patents?

      Do you mean patents on quantum computers, or quantum patents on computers? Because Acacia already holds the latter.

  47. The systems brocken! by siasl · · Score: 1

    "It's hard to handicap the American legal system," Harris said. "A lot of people didn't think O.J. Simpson would be out walking around."

    A culture is in trouble when day to day activities are "governed" by laws whose applications are a crapshoot and a huge "priesthood" is required to interpret them to the common man.

    We are like in Gulliver's Travels
    Laputa has the Flappers to remind the people to occasionally speak and listen amidst their intense intellectual thoughts by flapping people of importance ears and lips with bladders.

  48. IN SOVIET RUSSIA... by yokem_55 · · Score: 0

    The porn patents you!

    --
    ...and IN SOVIET RUSSIA, beowulf clusters imagine 1, 2, 3 profit!!!! jokes made out of YOU!!!
  49. Re: Acacia Steps Up Content-Transfer Patent Claims by Dunark · · Score: 2

    Just two threads ago was a discussion of how America is losing it's technological edge. I think idiocy like this, and PanIP, and others of their ilk is going to kill our tech edge faster than anything else.

  50. The contribution of business to the internet by harangutan · · Score: 5, Interesting

    For a decade now we've heard free-market proselytes yap about how business will bring new innovations to the internet. But in practice what have we seen? The principal technologies in use are still those created largely academically and under research grants (some in partnership with very select members of the private sector, granted).

    But principally what business has brought to the table is greed, squabbling and massively costly litigation, which far from encouraging innovation, increasingly inhibits it through fear and intimidation.

    At the risk of overstating the case, I do think this is a further example of market forces alone being very far from the wholly benign influence they're so often touted as being.

    1. Re:The contribution of business to the internet by bnenning · · Score: 4, Insightful
      At the risk of overstating the case, I do think this is a further example of market forces alone being very far from the wholly benign influence they're so often touted as being.


      Note that idiocies like this are only possible because the Patent Office, a government agency, has displayed spectacular incompetence. Intellectual property is a government granted monopoly, and when it is abused there's almost always plenty of blame to be shared by both the public and private sector.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  51. Heh by The+Mainframe · · Score: 1

    Heh heh. In depth article. Heh.
    Shut up, beavis.

    --
    --Bennett Prescott
    Former Lord Of Packets
  52. Poor choice of words by harlows_monkeys · · Score: 2

    Taking about going after the "low hanging fruit" is probably not the best choice of words for an article about porn sites. It took me a minute to realize what they really mean.

  53. I Used to Work for These Guys by FatHogByTheAss · · Score: 2
    ...or one of their subsidiaries.. If Acacia as a whole is half as fucked as that bunch of circus clowns, they'll be delisted Real Soon Now.



    This sounds like action on thier Media Services group, which is basicaly a bunch of patent mongoring whore lawers.

    --

    --
    You sure got a purty mouth...

  54. Ban Pornovation! by abe+ferlman · · Score: 2

    I'm serious.

    The government has no interest in encouraging pornographic innovation. The first amendment may require that we tolerate pornography, but what does it say about us as a society when we actually *subsidize* the creation of pornography by handing out government monopolies for innovative pornographic techniques and content?

    The framers were silent on this question, so I say it's time for action: Ban all pornovation! Eliminate all intellectual property protections for pornographic materials and watch what happens:

    - The money will go away because you can't make a profit without ip monopolies

    - when the money goes away production will cease

    - when production drops, prices will rise intolerably and consumers will find pornography too expensive for their budgets

    Simple economics proves that just like the software industry, intellectual property laws are the only thing keeping the hard-core porn industry afloat.

    And BANG, just like that, overnight we'll eliminate the scourge of pornography. It's time to take action against pornovation!

    --
    microsoftword.mp3 - it doesn't care that they're not words...
    1. Re:Ban Pornovation! by Anonymous Coward · · Score: 0
      BSD License: The nonviral freedom to restrict the freedoms of others
      abe ferlman: dirty GNU hippie
    2. Re:Ban Pornovation! by Anonymous Coward · · Score: 0

      Pornovation?

      And by the way, your troll wasn't even subtle. Try harder next time! :-(

      I give it a 1/10 ("Unmotivated Troll")

      --
      AC

    3. Re:Ban Pornovation! by Jeremy+Erwin · · Score: 2

      Pornography tends to popularize hitherto rare, esoteric, or expensive bits of communications technology. It subsidizes the industry.

      For example, the first prerecorded videotape was pornographic. 8mm film technology took off with the widespread availabilty of stag films

  55. Prior art by afidel · · Score: 5, Interesting

    might be here ?

    This is a message from 1989 talking about a talk by FCC chairman re: cable vs telco and what things might be possible.

    For consumers, the promised land would be video on demand" - no need to rent tapes or wait for the network to schedule a particular program. One-way broadband delivery coupled with 2-way narrowband signalling thus might be the way such systems would start off.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    1. Re:Prior art by Anonymous Coward · · Score: 0

      From the article:

      The '992 patent abstract reads as follows: "A system of distributing video and/or audio information employs digital signal processing to achieve high rates of data compression. The compressed and encoded audio and/or video information is sent over standard telephone, cable or satellite broadcast channels to a receiver specified by a subscriber of the service, preferably in less than real time, for later playback and optional recording on standard audio and/or video tape."

      OK, let's see. We distribute compressed, digitized audio over standard telephone lines to a receiver for recording and playback on standard audio tape.

      By Jove! They've just invented the telephone answering machine!

      SFSP

  56. Why Porn? by spoonboy42 · · Score: 5, Insightful

    It strikes me as odd, at least from a logical perspective, that Arcacia would try to "enforce" their patents by first going after online porn. It would make infinitely more sense if they went after the actual "infringers": namely, the companies producing streaming audio and video software. Going after Real, Apple (QT), M$ (WMP), and the like would have more legal validity, since webcasters purchase technology from these companies that they assume is legal... If any illegal goings on were happening, it stands to reason that the streaming media software providers would be the target.

    Of course, there's a pretty shady reason why Acacia is going after porn first: A lot of people, particularly in the judicial system, have very little sympathy for pornographers. They will, at least subconciously, be much more receptive to the image of pornographers as "criminals", since they already consider them evil.

    If they win their suits against the porn distributors, though, they have a legal precedent for hitting all kinds of companies, including the software providers (presumably where the money is), as well as anybody who delivers multimedia over the internet. So, the social conservatives who might hand down a token judgement against porn will be in the awkward position of setting a precedent to sue, say, a church that delivers sermons streaming over the Internet.

    As with a lot of civil liberties issues, pornography is the frontier of freedom in this case. Many civil libertarians (myself included, since I'm also a feminist) probably wouldn't mind if porn suddenly disappeared. The problem is, if we legislate or judicate against pornography, then we set a very dangerous precedent for harrassing all kinds of expression (usually based on an arbitrary definition of morality, but in this case, purely economic reasons). Additionally, it's really none of my or the state's business what consenting adults do in front of a video camera. Anyway, even if you find pornography morally repugnant, it's still worth defending, when you consider what happens if we allow freedom of expression to erode at its very edge: the erosion spreads to radical political views, then alternative religious beliefs, and so on, eventually leaving a homogenous orthodoxy of ideas. Or, in this case, you simply have a parasite on the patent system getting in the way of people doing business, expressing themselves, and innovating.

    --
    Anonymous Luddite: "What do you think of the dehumanizing effects of the Internet?"
    Andy Grove: "Not Much."
    1. Re:Why Porn? by Anonymous Coward · · Score: 1, Insightful

      Many civil libertarians (myself included, since I'm also a feminist) probably wouldn't mind if porn suddenly disappeared.

      Don't confound prudishness with feminism. Antiporn feminists try to blur the line with all sorts of nonsense about how "women are being abused" by porn . They want you think that all the women in porn are clueless fluff-heads who can't stand up for themselves and decide on their own if they want to be in the porn industry or not. In their next breath, these antiporn feminists will tell you that women should have freedom of choice, and that they should be considered mens' equals in both intelligence and decision making. They try to have it both ways -- that women are too stupid not to be in porn, and are "exploited", and that women are wise enough to take care of themselves.

      Sometimes they toss in the notion that porn is inherently "degrading" to women, trying to demonize their opponents. But strangely, females still decide to do porn: maybe they think that having a few hours of sex on camera with a handsome male lead is less "degrading" than, say, being mired up to the elbows in chicken guts all day, (for minimum wage, like the women in the soup factory back home), or less degrading than living on permanent welfare. I know if I could make money to have sex with beautiful women, I'd certainly consider it.

      Feminism, (as opposed to female supremists with a personal agenda for power), is based on the notion that women as intelligent and capable as their male counterparts, and should be treated as equals -- not sheltered like children. Anti-porn feminism doesn't make a lot of sense to me.

      Porn exists because people want it. There may certainly be a criminal element interested in exploting porn -- but then again, the criminal element exists to exploit whatever it can. The mob used to run bars when drinking was illegal, and lotteries when lotteries were illegal.

      I don't buy the argument that because "the mob controls porn stars" that porn is bad. It tells me the mob is bad, and we need better policing, and better support by the community for porn stars, so that when a criminal abuse takes place, the porn star isn't ashamed to talk about it publicly. That would involve treating them like people, instead of "victims" or outsiders, though.

      From personal experience, I've talked to a stripper who told me that she tried to work at a donut shop, but quit because she didn't like how she was treated.

      She was expected to take verbal abuse from her customers and not answer back, even if they were in the wrong. Working at the strip club, if a customer got rude with her, she was free to answer back as she saw fit. She felt she had more freedom as a stripper than as a donut cashier, and that was important to her.

      Every time I hear someone rabbiting on about how women expressing their sexuality, and getting paid to do it somehow "victimizes" them, I think of the stripper I met. And I wonder if her detractors are blinded by their sense of "morality", oblivious to the truth, or just plain jealous.
      --
      AC

    2. Re:Why Porn? by L0rdJagged · · Score: 1

      'Handsome male leads' sounds kind of delusional...look at how many films Ron Jeremy is in...

    3. Re:Why Porn? by pommiekiwifruit · · Score: 1
      on camera with a handsome male lead

      Oh, you mean in a bisexual film. In straight films the producers blatently hunt down the ugliest men they can find. Even some straight couples I know prefer bi films since they find that the ugly guys in straight films just put them right off whatever they were doing.

    4. Re:Why Porn? by Anonymous Coward · · Score: 0

      And Ed Powers.

    5. Re:Why Porn? by spoonboy42 · · Score: 2

      You do, of course, have a point. Women are entirely capable of making their own decisions about their sexuality, and if they choose to engage in certain sexual acts for money, then it's entirely their choice what they do with their bodies.

      Pornography itself is not particularly exploitative (although its consumers, who are overwhelmingly male, tend to sexually objectify the women in the films. This is a broader psychosexual issue, though, and once again, none of my business). You made a note, though, that there are cases of criminal abuse in the pornography industry, and that we need better policing to combat this. This is absolutely the point. The fact that pornography is legal allows us to combat abuse in a realistic and effective manner.

      A parallel can be drawn, here, to prostitution. In most of the US, prostitution is illegal, and the average life expectancy for a prostitute, after entering the proffesion, is four years (top causes of death include disease, drug addiction, and murder). 85% of prostitutes in the US have been raped by a customer or pimp. The prostitute-pimp relationship is almost inherently abusive. On the other hand, when prostitution was legalized in the state of Nevada, prostitutes had garaunteed legal protection, were actually paid the money they earned, and benefited from a state-mandated health program. The idea is to actually let women make their own decisions, and to provide the full protection of the law to those who choose to work in the sex industry.

      --
      Anonymous Luddite: "What do you think of the dehumanizing effects of the Internet?"
      Andy Grove: "Not Much."
  57. IN SOVIET RUSSIA... by jpmorgan · · Score: 2

    The stop telling jokes when they stop being funny.

  58. Good Quotes by dcuny · · Score: 2, Funny
    • Others said the industry would not go down without a fight. "If we paid Acacia, it would be rolling over," said one adult webmistress in an interview, who asked not to be named. "It would be like saying 'Screw me,' even though that's (what) my business is about."
    How can you beat a quote like that?
  59. Notorious by dcuny · · Score: 2, Funny
    ...owned by notorious First Amendement supporter and pornographer Larry Flynt.

    I give up. Is he notorious because he's a pornographer, or because he supports the First Amendment.

    Where's the funny part?

  60. Isn't this the company founded by a scam artist? by Newer+Guy · · Score: 2

    I think I remember reading about this company a couple of years ago. They had some 'revolutionary video transmission system' that turned out to be a hidden coax cable. Does anyone else remember this?

  61. What are they smoking? by Anonymous Coward · · Score: 0

    "(One enterprising webmaster noted that, in nature, the sharp thorns of the acacia tree guard a psychoactive compound also known as DMT, or n-dimethyitrptamine, which is extracted from the wood to make a sort of hallucinogenic snuff." A judge would have to be stoned out of his unholy mind to hold this! The good news is that DMT only lasts about an hour.

  62. Flynt Lock by Tablizer · · Score: 1

    To date, Acacia doesn't seem to have targeted the most well-known players in the industry, including companies like Playboy.com and Hustler.com, owned by notorious First Amendement supporter and pornographer Larry Flynt.

    I dare them to pick on Larry!

  63. Wouldn't that be better written as... by raehl · · Score: 2

    while (lawyers_get_rich && consumer_suffers ) {
    AA.sues(Acacia, "copyright infringement technology distribution");
    Acadia.sues(AA, "patented media type use" );
    }

  64. if I post the formula, I'll be sued under the DMCA by jo_ham · · Score: 1

    I'm not allowed to reverse engineer the molecule in question and post how it was made up otherwise I'll be sued under the DMCA.

  65. Re:Pr0n? by Anonymous Coward · · Score: 0

    That is fucking hillarious. Thank you.

  66. We've been doing video on the net since the 1970's by Anonymous Coward · · Score: 3, Informative

    We've been doing video on the net since the 1970's - ARPAnet based audio/video transfer has been working ever since the days when SRI drove a van up and back on US 101 near Palo Alto doing packet radio based streaming multimedia.

    The patents never cited that work, perhaps because doing so would have been inconvenient.

    We all can thank Bruce "I'm for sale" Lehman of the US Patent and Trademark office under whose term the idea that a patent, no matter how bad or how uncreative, wouldn't be issued to a paying "customer" was a kind of institutional anathama.

  67. Re:Isn't this the company founded by a scam artist by /dev/trash · · Score: 2

    I remember this too but can't place it. I'm gonna have to google now.

  68. Porn is like that, It's human nature by JudgeFurious · · Score: 1

    Porn always leads the way. Whenever man creates a new way of distributing information one of the first things he does with it is use it to make some porn. Sure all you ever hear about is the Guttenberg (sp?) Bible but at the same time those were being cranked out of the press someone, somewhere was printing up some porn. Bank on it.

    --
    Appended to the end of comments you post. 120 chars.
  69. This may go on for a while... by azpenguin · · Score: 1

    because of course, Acacia has so many companies to thoroughly investigate, and so many videos to review to make sure they know exactly which videos violate this patent. In the name of being truly thorough, they'll have to view many of these videos numerous times. All in the name of legal research, of course.

  70. Re:We've been doing video on the net since the 197 by CJSWork · · Score: 1

    If this is documented, could you PLEASE forward it to the defense coalition so they can use it as proof of prior art?

  71. Eureka! I have the solution! by serutan · · Score: 2

    No wait. I thought I did. Then I realized, where the hell am I going to find a disgruntled Postal worker who lives near Acacia's home office?

  72. Bad Move by ShieldW0lf · · Score: 2

    We like to pretend that we don't like the porn industry, but the fact is that every swinging dick above the age of 15 has enjoyed pornography, and most continue to do so for the entirity of their lives. They just don't tell their wives.

    There aren't many better non-violent ways to piss off all the men than to go after their porn.

    --
    -1 Uncomfortable Truth
    1. Re:Bad Move by CodeShark · · Score: 1
      Methinks your karma rating will take a hit with such obvious flamebait such as this.

      While probably a mostly silent minority, many men still have enough honor to rise above the "men are sexual beasts" mentality implied by your post. As far as I'm concerned, porn is an addictive waste of paper, bandwidth, and (mostly young) people's time and lives.

      Now then, if someone would spend the time and resources to come up with a winnable class action strategy against all classes and kinds of pornographers, I'd probably chip in with the plaintiffs, not the sleezemasters. Unfortunately in this case there are "freedom of the 'Net from corporate control" and freedom of speech issues, here so I would rather see Acacia's fight fail, because this looks more like a corporate based legal shakedown than a true patent fight.

      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    2. Re:Bad move by SmurfButcher+Bob · · Score: 1

      Heh, dig a little deeper, we'll prolly see they used PKZip to compress JPEGs and GIFs, used Cookies as identifiers, and initiated the transfer by Hyperlinks... from a Graphical and textual information on a video screen for purposes of making a sale.

      All unlicensed, of course.

      :))

      --

      help me i've cloned myself and can't remember which one I am

    3. Re:Bad Move by ShieldW0lf · · Score: 2

      You're right.

      You're in the minority.

      And you know what? My reference to the men enjoying porn wasn't flamebait, it was a statement of fact, backed up by the rampant commercial success pornography has had around the globe.

      However, your implication that my enjoying pornography and being a sexual beast means I have no honour IS flamebait.

      Go get fucked. Sounds like you desparately need it.

      --
      -1 Uncomfortable Truth
  73. Well they know where the money is by Anonymous Coward · · Score: 0

    Seems like they know where the money is at these days.
    Why try to the remaining dot com fakes with no money.

  74. I'm suing the porn industry too by Anonymous Coward · · Score: 0

    I invented fucking girls in the ass.

    A lot of gay guys were already fucking other gay guys in the bung.

    I looked at that and my girlfriend and said, "I'm not gay, but..."

    And the rest is history.

    Thank you thank you thank you.

    Now send me a check for $10, you cheap bastards.

  75. Hmm by Anonymous Coward · · Score: 0

    How does it feel to be so repressed that you fear watching humans mate?

    I've found people like you project sick feelings onto others so you feel the need to "stop" all the "porn" to make things "safe" for "[insert something here]"

    In a lot of cases, guys/girls like you were molested as children and therefore have a warped world view.

    Now if you'll excuse me, I'm going upstairs to fuck my wife. I'm going to fuck her so hard that she'll wimper like a puppy. I'm going to use every hole in her body and treat her like a toilet.

    Phew. Bet you got a woody just reading that you sick little puppy.

  76. Re:Isn't this the company founded by a scam artist by rocur · · Score: 1

    No, you are thinking of Madison Priest. See this story for background and this one for the latest developments (federal drug and weapons charges).

  77. Misleading titles by togofspookware · · Score: 1

    Bah. When I saw Content-Transfer I thought some idiot was trying to say he had a patent on an HTTP headers or some dumb thing. WTF?

    --
    Duct tape, XML, democracy: Not doing the job? Use more.
  78. Re:Isn't this the company founded by a scam artist by Reziac · · Score: 2

    Yes, I remember the story you're talking about. I'd swear I read about it here on slashdot, tho I don't recall if it was an article or a comment (probably the latter).

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  79. what a waste of mod points. by twitter · · Score: 3, Informative
    It seems the above post is redundant. Zogger said it well.

    Most large US companies are already involved in porn. No, I'm not just talking about Disney purchasing small art house film makers. I'm talking about big finincail institutions such as GE Finance, GM and others having interests in porn. It does not bother them now.

    --

    Friends don't help friends install M$ junk.

  80. Will this case even stay in court for an hour? by theLOUDroom · · Score: 2

    Really?

    Is there a lawyer in the house?

    Can't they just file a motion to have the case dismissed?

    Can't the lawyers for the defense just say something along the lines of "This patent suit is being filed only against small companies, because it's frivolous and they hope we'll settle out of court."

    Shit like this should be illegal. It should be considered extortion and these guys should go to jail.

    What can the porn guys sue these jerks for? There's gotta be something. Something that will allow them to put this company under, and convince a lawyer to take their case just so he could get x% of the winnings for an afternoon's work.

    --
    Life is too short to proofread.
  81. Prior art by toybuilder · · Score: 2

    What the hell? I was downloading porn from BBS's back in 1982. Sure, much of it were 7-bit ASCII graphics, but heck, it was digital content transferred over an information channel... Dang, where did I put those CP/M 5.25" floppies with them text files?

    I had it good. I even had a daisy wheel that provided better looking output then them cheap 7 pin dot matrix text with no descenders.

  82. Morse code by Anonymous Coward · · Score: 0

    Is it me or does morse code not constitue transmition of compressed sequenced data blocks of digital information (words using hoffman coding at the most basic). Did anyone ever send a picture in this way is the question ;)

  83. Prior art? by Sesticulus · · Score: 1

    I was downloading dirty pictures and movies on my C64 in the mid 80s, wouldn't that be prior art?

  84. Go Acacia! by Anonymous Coward · · Score: 0

    May you rid the world of those who have corrupted the computer industry!

  85. Bad move by Anonymous Coward · · Score: 0

    Porn companies have lots of money to fight back with good laywers. I see this patent grabbing company already implode upong the load of prior art they probably will have smacked on their head.

    I have yet so see a patent in the software field which wasnt based upon prior art!

  86. Re:We've been doing video on the net since the 197 by Anonymous Coward · · Score: 0

    Forward it to the companies, there are probably documents, the older this stuff is the better. Those patent grabbers need a severe smack on their head, if they dont get it others will follow soon.

  87. an alliance between the porn industry and CBN by bobKali · · Score: 1

    That'd certainly make Jimmy Swaggart happy

  88. Fight Back. by Tephyrnex · · Score: 1

    I think it's about time to consider actions against corporations that behave this way, similar to actions recently taken against the SPAM-meisers. Such actions are akin to acts of civil disobedience against the government, which at first may seem like an odd comparison. However, the role of big corporations and their sizeable campaign contributions in our government are exactly what make this sort of behavior possible in the first place.

    I think it's high time that these lawsuit corporations are made very aware that the citizenry will not stand for this kind of behavior. They have no product...they produce nothing of value...so they actually make it their business plan to litigate their way to profitablity.

    I say screw 'em.

    Any ideas of an appropriate plan of action. The irony of the Junk mail campaign against the SPAM King is most excellent, and I think makes a very obvious point. How can we do the same to these lawsuit corporations?

  89. Prior art - NFS by ChartBoy · · Score: 1
    IANAL, but the '992 patent is the sort of overly-broad work we've come to expect from USPTO. It's not clear at all what the novelty is in this patent... it could be anything from sendnig digitally compressed (on-the-fly) video/audio transmitted over a medium (claim 1) to a network file system containing compressed files (claim 6) to a (possibly novel) idea that the compressed data is sent to a receiver for later viewing (claim 19 - sort of like TIVO sending extra content that you might like over night). NASA was using video compression for deep space missions in the 1970s, and many of us mounted nfs file systems (or found our pron from BBS's) in the 1980s, all of which predates the January 7, 1991 filing date.

    The presumption of validity for granted patents is a real problem, but this one is a dog except (possibly) for a few limited claims.

  90. A look at the patents at issue by angle_slam · · Score: 1
    According to the article, there are 5 patents involved, but two of them are more important: 5,132,992 and 6,144,702.

    The '992 patent was filed January 7, 1991 and issued July 21, 1992, and will thus be enforceable until January 6, 2011 (20 years after filing, which is longer than 17 years after issue in this case.)

    The first independent claim reads as follows:

    1. A transmission system for providing information to be transmitted to remote locations, the transmission system comprising:
    library means for storing items containing information;
    identification encoding means for retrieving the information in the items from the library means and for assigning a unique identification code to the retrieved information;
    conversion means, coupled to the identification encoding means, for placing the retrieved information into a predetermined format as formatted data;
    ordering means, coupled to the conversion means, for placing the formatted data into a sequence of addressable data blocks;
    compression means, coupled to the ordering means, for compressing the formatted and sequenced data blocks;
    compressed data storing means, coupled to the data compression means, for storing as files the compressed, sequenced data blocks received from the data compression means with the unique identification code assigned by the identification encoding means; and
    transmitter means, coupled to the compressed data storing means, for sending at least a portion of one of the files to one of the remote locations.

    What are the elements of the invention: 1) storage; 2) unique id code for each item of information in the storage; 3) a way to convert the data into another format; 4) a way to place the formatted data into addressable data blocks; 5) a way to compress the formatted data; 6) a second storage area for the compressed data; 7) a way to transmit the data to remote locations.

    Do you really think anyone read this patent and said, "Hey! Let's transmit porn over the Internet. I just found out how to do it!"

  91. HEAPS of prior art by XenonOfArcticus · · Score: 1

    I can't cite patent numbers of prior art, because every prior creator felt it was too obvious to patent.

    However, if their patents do in fact claim ownership of tranferring compressed digital media over a medium (let's be as vague in our patent claims as possible!) in less than real-time, to a device, for later viewing in real time, then they're sunk.

    How about downloading compressed true-color (12-bit) animations (some synthetic 3D, some actual captured video, not that it matters) from BBSes (and even the fledgling Internet). These 5-second clips often took an hour to download, so we'd leave the modem going and let the BBS idle-disconnect us, frequently going to bed while it DLed.

    Later, you'd watch the (pitifully crude by today's standards) animation in awe.

    One such early delta-compressed video clip has been converted into a more modern format. It, and the excruciatingly well-documented history of such media, is found at:

    http://mywebpages.comcast.net/erniew/juggler.htm l

    I encourage any of the Acacia defendents to have their legal staff examine the prior art documented here very seriously.

    --
    -- There is no truth. There is only Perception. To Percieve is to Exist.
  92. don't blame the donkey. by Anonymous Coward · · Score: 0

    c2k is pissed cause his xxxdonkey site isn't doing well....so he won't be at the site...and don't blame the donkey for this one...c2k forgot to publish the domain.

    Actually, c2k's problem is he can't discern between xxx sites and spammers that sell to them....there are lots of other things c2k is unable to discern as well, so this comes as no surprise to his fans :)