educational

Fighting the Acacia Patents: 2

In Part 1 of this article, Brandon examined the fundamental issues behind Acacia’s patent claims, and how they affect our industry. But is there nothing at all that adult Webmasters can do to fight Acacia’s patent claims? Or should we all just pull out our checkbooks? Read on…

The companies that have been served with legal papers by Acacia are mounting up their defense, and an organization called The Internet Media Protective Association ( https://www.impai.org ) has been formed to aid in this endeavor. But how will they be able to prevail?

The principal way to successfully defeat a patent claim is to find "prior art." "Prior Art" in laymen’s terms means evidence that a patented idea had already been publicized or used prior to the date that the patent was filed.

If I filed a patent claim that said I invented toilet paper, and the date of my filing was Aug. 18, 2003, then assuming the Patent Office had never seen or used toilet paper, and granted me the patent, someone who wanted to dispute my claim would have to prove that toilet paper existed before 2003. To do this, they would need to show some kind of evidence. This documentation of evidence is called "prior art," and it would be used to prove that a patent was not based on an original idea, and therefore the patent would be revoked.

Acacia's patents are specific, detailing how digitized audio and video can be electronically transferred from one location to another for viewing, rather than relying on having the physical video tape to view. The big guys like Microsoft, Real, Tivo, and the cable companies, etc. are all targets for this patent. The big guys should be supporting adult webmasters now, but they are going to sit back and let our industry be the soldiers that go into battle first.

We need to "Save Ryan's Privates" by defeating these claims/lawsuits. Mainstream won't send a fruit basket if we are able to stop them, so it's pretty much a thankless job. But I for one am taking up the cause, and being a Private Dick, in trying to find whatever investigative leads that I can find.

One way to refute the patent, is to find the prior art from back in the BBS days. Bulletin Board Services were like web servers, but before web servers were around. Computer users would connect via modem to the BBS to read and post to message boards, play online games, and to download and share files.

All new technology surfaces first in the adult industry, and digitized audio and video made their first appearances on adult BBS in the form of .GL files. George Phillips created the GRASP player well before 1991 that allowed for the playback of moving pictures. His technology was utilized by adult content producers to make digitized clips that were very novel at the time, since previously, porn was found online only as image files (ie. GIF).

In digging back to the BBS days, we need to find some .GL files that were dated pre-1991. Finding a .GL file that was a digitized movie could prove the Acacia patent to be invalid. The .GL file would represent digitized Audio or Video content, that was compressed, that was stored on a BBS, with transmission via phone lines, with playback on a PC. Prior art!

Finding a .GL file is not enough. There needs to be documentation within the clip of a copyright notice prior to 1991 as well as finding the company that produced the file to provide documentation that the file was legitimate.

An independent source of information on the Acacia Patent and other patent issues can be found at FightThisPatent.com. Get informed, Get Mad, Get Active, Fight The Patent!

Brandon has taken up Internet Activism by starting the FightThisPatent.com website to provide awareness and information concerning patent issues that affect webmasters. He also volunteers his time and talents to ASACP.org, an organization focused on removing Child Pornography Websites from the Internet.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

trends

How Local Payments Can Expand Access and Reduce Friction at Checkout

Global adult platforms often enter new markets with a familiar assumption: If their checkout accepts major cards, they're ready for local customers. In reality, payment habits vary widely by country. Dutch consumers use iDEAL for online shopping, BLIK is a leading e-commerce payment method in Poland, and India's UPI handles billions of transactions each month.

Mitch Platt ·
opinion

How Detailed Receipts Build Consumer Trust and Reduce Chargeback

When was the last time you bought something online? Chances are you looked for the confirmation almost immediately. Did the transaction go through? Does it show what you bought? Were you charged correctly? And if there's a problem, who can you contact?

Cathy Beardsley ·
opinion

What Adult Platforms Should Know About the EU AI Act

The European Union's Artificial Intelligence Act is now largely in force, creating new obligations for adult platforms using AI for content creation, performer verification, age estimation, moderation and other functions.

Corey Silverstein ·
opinion

How Native Spanish Speakers Help Pleasure Brands Expand Across Latin America

Latin America's Spanish-speaking markets represent an exciting growth opportunity for the pleasure products industry. Across the region, conversations about sexual wellness are becoming more open, specialty retailers are expanding their assortments and shoppers are seeking products that reflect their lifestyles and values.

Rin Musick ·
opinion

Why Retail Expertise Is Essential When AI Tools Analyze Store Data

Somewhere in one of our stores, someone scanned a barcode into a quantity field. The number entered was 8,388,607. At $19.99 per unit, that made a single line item worth roughly $167 million. The number was so large that the import failed immediately.

Zondre Watson ·
profile

Vendo CEO Mitch Platt Reflects on 20 Years of Lessons and Evolution

More than 20 years ago, three entrepreneurs in Barcelona began gathering over beers to pitch, dissect and routinely destroy one another's business ideas. The ritual was simple: One person arrived with a concept, while the other two tried to expose every weakness. Any proposal that survived earned another look. Most did not.

Jackie Backman ·
opinion

How to Avoid the Hidden Risks of AI-Generated Legal Documents

Artificial intelligence can write a contract in seconds, but that does not mean it can write the contract your business actually needs. Across the adult industry, operators, creators and producers are increasingly using generative AI to prepare model releases, performer agreements, privacy policies, takedown notices, employment documents and responses to regulators. The appeal is obvious: Legal work is expensive, AI is fast and the resulting document often looks impressively professional. That polished appearance is exactly what makes the practice dangerous.

Corey Silverstein ·
opinion

How Rolling Reserves Affect Cash Flow and Merchant Stability

You log in to your payment processor’s dashboard, discover they are withholding 10% of your sales, and immediately assume something has gone wrong. In reality, everything is working exactly as intended.

Jonathan Corona ·
opinion

What Federal Age Verification Could Mean for Adult Websites

Our industry has grappled with a patchwork of confusing and burdensome state age verification laws for the past couple of years. But that landscape could change quickly after the House passed the Kids Internet and Digital Safety (KIDS) Act (H.R. 7757) by a vote of 267-117, marking a significant federal step into this space.

Lawrence G. Walters ·
opinion

The Website Footer Requirements Every Adult Merchant Should Know

Since I started in this business 25 years ago, I've watched website footers evolve from a simple collection of links designed to help with SEO into important tools for meeting compliance and regulatory requirements, improving the customer experience and reducing chargebacks.

Cathy Beardsley ·
Show More