Acacia Media Technologies believes the Internet Media Protection Association (IMPA) pressured at least three adult entertainment companies against licensing Acacia's claimed streaming media patents. But one of the three companies named in that filing refuted the claim July 25.
"We were never, ever contacted by any IMPA members, other than a brief reply to...initial e-mails about the organization," BestAdultContent.com president John Copeland said on a Webmasters' message board.
In a federal court filing earlier this month, Acacia - seeking to amend their original complaint against adult Internet businesses challenging their streaming media patent - claimed BestAdultContent.com, Wicked Pictures, and New Frontier Media were pressured against licensing by the IMPA.
But when Copeland was reached by AVN Online about the claim, he said the only thing he liked about Acacia's claim was that he was mentioned in the same position as Wicked Pictures and New Frontier Media. Otherwise, he reiterated that the IMPA never pressured him do to anything about the Acacia licensing question.
"There was absolutely no truth to that," Copeland said about the allegation, adding that he had spoken to some of the IMPA's early movers as they first began putting the group together, but "we're here in Las Vegas and I decided I'd hold off and wait and see what direction they were heading."
He said he wasn't yet in position to join the group officially at that time, and he was still taking a wait-and-see position while applauding the group's effort in challenging Acacia's streaming media patent claim.
"We're definitely concerned about it," said the one-time Penthouse photographer. "I really have my doubts about the patents ever being validated. But then again, when it comes to the court systems, who knows. I've been involved in copyright infringements in the past and was surprised at what they took into consideration. It's a tough situation for the industry.
"I was shocked to see our name mentioned (in the Acacia amendment filing) as somebody who was being pressured by IMPA," he continued. "But I admire what those guys are doing. The fact is that this could drag on for years and years, and we're not one of the million dollar companies. I kind of think that this has to be something the big companies are going to have to fight."
Copeland said BestAdultContent.com's gross income has dropped over the past three years. "We've never had a gross over $500,000," he said. "We're basically a mom-and-pop operation." He also said BestAdultContent.com was contacted by Acacia this week and have thirty days yet to decide whether to accept Acacia's licensing terms.
IMPA co-leader Spike Goldberg, whose New Destiny Media/Homegrown Video is leading a challenge to Acacia's streaming media patent claims, has insisted that every company involved in licensing or litigation disputes with Acacia has to decide for itself whether to license or challenge the patent claims.
Acacia filed a motion in federal court to amend its original complaint against several adult Internet businesses that dispute its streaming media patent claims. Acacia accused the IMPA and its members, over many months, of committing unfair business practices, intentional interference with prospective business advantage, trade libel, and patent infringement, for allegedly compelling other companies not to deal with Acacia.
A hearing on that filing is set for August 4 in U.S. District Court in Irvine, California.
