proposal comes to a city or town to build a trash incinerator, to
build a new prison, or maybe to build a nuclear waste dumping site,
townspeople doth protest at meetings to stop these activities. While
everyone understands the benefits of the projects, the rallying
cry is "not in my backyard!".
affects all businesses. Patent holders broadly interpret their patents
to mean more than what the USPTO approved, and are using various
marketing tactics that give the equivalent of being rolled-over
and having to pay extortion fees to companies where they can't afford
to defend themselves.
business, from the oldest form of business (sex) to selling Girl
Scout Cookies is done on the internet. Almost all businesses have
some kind of internet presence and use various internet-based technologies
to conduct businesses.
and inventors that create technology are compensated by companies
paying for the use of their products. Many products we purchase
today have patent licensing costs built into their Cost-Of-Goods-Sold.
is not the bad guy. The Antagonists are companies that wield their
patent like it was a tablet that Patent Moses carried down from
Patent Mountain. "Thou shall not have false patent claims"
is what should be on the Patent 10 Commandments, but there is no
such tablet and no such list of commandments. What you see happening
every day since Henry Ford's time, is companies abusing the patent
system as a means of limiting competition.
faced with spending untold millions of dollars each year in defending
against patent infringement claims. While some are with merit, so
many can be described as being frivilous.
start wielding their Patent as if it was written in stone and broadly
interpreting their patent to cover wide-sweeping claims, then this
problem does fall into everyone's backyard.
I watch my web
log files diligently and I see so many Fortune 100 companies, universities,
and recognizable technology companies looking to find more information
about Acacia. Some have contacted me anonymously, others, I have
had private conversations.
There are currently
8 Adult Industry companies who are defending against Acacia's patent
claims in court. While Acacia has targeted companies across the
spectrum, it is these 8 current defendants who are on the frontline,
and the first ones to test Acacia's patent claims.
For those reading
my posts and articles, this is a call to arms, a call to action.
While you may not be directly involved at this point, the outcome
of the defendant's case will affect everyone. The motto of this
site from the beginning has been "Get Informed, Get Mad, Get
I believe most
are informed now on the issues. Many have gotten mad about patent
abuse cases like Acacia. The last step in this 3-step process is
to do something about it.
Contact me at
to find out how you can help out, privately and confidentially (all
messages are held private and confidential).
may not be directly involved at this point, but you are indirectly
affected. Defending against a patent infringement case is very expensive
and requires alot of resources, especially against a company that
likes to allude to the fact they have millions in the bank, set
aside for litigation.
In this interconnected
Internet times, no company is an island unto themselves.
- I see a clear
need to have a NEW organization modeled after the ACLU or EFF
that focuses only on patent abuse.
- I see a need
for a grassroots style approach to finding prior art, by having
a website that offers awards to people who submit prior art leads
based upon targeted patents.
- I also see
a need for more communication between companies who are faced
with patent infringement, to know that they do not have to face
a patent wielding foe alone.
- We all clearly
see a need for Patent Reform.
The big three
(Microsoft, Real, Apple) have been quiet and sitting on the sidelines.
Maybe they are not getting involved with the defendants for fear
of the stigma of "porn" attached to it. Maybe they are
waiting to see what happens from the Markman Hearing, or wait until
one of their own big clients gets targeted before they wake up.
Apple produces technology that doesn't infringe on the patent, but
each also uses their own technology combined with content that ends
up infringing the patent. Where are the lawsuits against them?
It has been
observed by so many that it would seem that Microsoft, Real, and
Apple should be targeted by Acacia and my response has always been,
"why bite the hand that feeds you?" Websites that utilize
their technology enable infringement, and are far easier targets
who don't have the deep pockets to put up a fight.
any company that steps forward to help in this battle (whether it
be Microsoft, Real, Apple, or any other company looking to make
a public stand against patent abuse), they will surely receive "goodwill
points" for helping to fight against what is so patently wrong.
The one line
If you have
audio or video on your website, then the patent abuse problem is
in your backyard.