educational

Howls Over Hearings: Part 1

Editor’s Note: As the February 6th Markman hearing between Acacia and the group of adult industry defendants opposing their patent claims nears, the industry boards will be heating up with armchair attorneys, serious students of the debate, and buffoons alike chiming in with their opinions on the matter. In this vast sea of opinion, certain posts stand out; shining the light of new perspective on the proceedings at hand. The following is one of them, taken from XBiz’ popular “Speak Your Mind” forum:

I know that it’s too late to stop the Markman hearing, and I understand the argument is not about prior art, but about the overly broad wording of Acacia’s DMT patent claim. However, now that Acacia has launched their attack on places of education, prayers-on-line, etc., what is the U.S. Congress doing about such patents being allowed?

I cannot see an up-swelling of public sympathy for the adult industry in this matter, even though some members of the judicial and political scene are no doubt great clients of ours based on past sex scandals that the press has broken. However, I can see a lot of public sympathy, and therefore votes, when the “God Squad” has to pay royalties for streaming a religious video, or the medical profession has to pay for a new life saving operation online, or online classes from places of learning that target minorities and socially disadvantaged people have to be cancelled due to a lack of adequate funding. These actions should have the press howling for blood, and any caring politician screaming for a review of the whole patent granting process.

In the United States, I took on the FDA: Not the smartest move financially or emotionally, but one that I eventually won, not by lawyers, nor commercial terms, but by two very helpful Senators demanding a change to the status of dietary supplements and their treatment by the FDA. I was very lucky, as the wheels for the 1994 DSHEA (Dietary Supplement Health and Education Act) were already turning; which was a major advantage for me personally as well as for the dietary supplement industry.

I even threatened a lawsuit against the LAPD in order to get them to retract a stupid statement blaming an herb for putting some kids in the hospital; since the product they mentioned did not even contain the herb in question, and the FDA labs confirmed our analysis on this matter.

So if someone says that voluntarily looking at adult entertainment twists your head, then make them prove it. At 18 years of age you can go to war, get shot at, and look at mutilated bodies – courtesy of a government trying to “protect you” from the harm that seeing a naked woman could cause you – now that’s a mind twister!

After the dietary supplements debacle, it took some time convincing our competitors to help get a financial “war chest” ready, and to prepare statements for the media, so that every time something stupid came out on the wires, a prepared reply was on the same wires. This was very effective, and that group also involved the Europeans. What started as a baby committee ended up under the wing of the AHPA (American Herbal Products Association).

Maybe it is a cultural thing, but I notice the U.S. does not use the mass media to their advantage the way we would in Australia and the South Pacific. The media are people too: Some drink, smoke, and f*** while others get fit, pray, and learn.

Some may do all of these things, but they all should have one thing in common – an eye for a good news story and the desire to highlight anything that is dramatically wrong.

Acacia is certainly not in the running for outstanding contributions to mankind awards, and their attempted broad impact on the status quo of Internet streaming technology should be causing more of a stir in the mainstream media.

I don't know if Acacia is being very smart by attacking other industries so that they can say “we didn't just pick on the adult industry,” or very bloody silly by saying that “we are so strong and powerful that we can charge for spiritual peace, education and improving the lives of disadvantaged people as well.” Are there any politicians doing a live Internet question and answer session? Does NASA infringe on Acacia‘s claim when they stream audio and video? I bet Acacia would like 2% of THEIR budget!

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

profile

BranditScan's Aerie Saunders on Fostering Creator Knowledge, Confidence and Community

Aerie Saunders is firmly in her season. When she sits down with XBIZ, a fall-scented WoodWick candle burns in the background, pumpkins decorate her desk and the first signs of spooky season are already on display. Not that Saunders waits until autumn to embrace the macabre.

Jackie Backman ·
opinion

What Mastercard's Scam Monitoring Program Means for Adult Merchants

Mastercard's Scam Merchant Monitoring Program (SMMP) has introduced a new, investigation-led framework that works very differently from the ratio-based chargeback programs the industry has relied on for years. It applies to card-not-present merchants globally, and Mastercard's guidance on business models warranting closer attention includes adult content and dating platforms, along with subscription services, digital goods and forex.

Len Garcia ·
opinion

Why the Right Merchant Category Code Matters for NSFW AI Businesses

You explained exactly what your NSFW AI business does to your payment processor and they seemed to get it. The underwriting process felt thorough and exhausting, but it was well worth it because you began processing.

Jonathan Corona ·
opinion

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 ·
profile

Verifymy's Emma Robert-Tissot on Putting People at the Heart of Online Safety

Warm, friendly and always happy to help, Emma Robert-Tissot has a gift for making even the most complex corners of online safety feel approachable.

Jackie Backman ·
profile

YourVids' Gino on Listening, Learning and Putting Creators First

Get Gino talking about the work creators pour into their careers, and his passion quickly becomes contagious. He deeply appreciates the people powering the business and has firm ideas about what they deserve in return.

Jackie Backman ·
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 ·
Show More