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Author Topic: Beating them up from Canada  (Read 4803 times)

canuckistan

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Beating them up from Canada
« on: December 10, 2013, 02:12:31 PM »
This summer I got a demand for $850, and was rather surprised to find one of their images on my site. I treated it as a cease and desist, took it down immediately and let it fester, ignoring their first and second letters. When they finally provided an electronic demand with an email address, I sent them this:

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Dear "License Compliance" Department:

We're aware of the law. The image in question was used inadvertently. Accordingly, we rather generously interpreted your reprehensible demand letter of July 10, 2013 as a "cease and desist notice" and immediately removed the offending image. Despite your carefully crafted text to the contrary, that is the extent of your available redress -- short of actually going to court and proving intent, damages, etc., etc. All that messy stuff known as "legal process".

We therefore advise you to revoke the demand letter, drop all other claims, immediately confirm that you have done so by electronic mail or letter, and permanently cease communicating with us on this matter. Alternatively, we will be happy to see you in court. You might want to consider your track record in these matters before selecting the last option.

Also, in the event that you should be so foolish to consider the balance in your entirely invalid demand letter as a legitimate business debt and refer it to a collection agent, we will bill you for every single interaction we are forced to undertake in dealing with them. Moreover should you default on our bills, considering our bills relate to the actual provision of services, we will factor the balance out to our own "outside representatives for further pursuit".

I am therefore delighted to attach our invoice (to date) for dealing with this matter. Invoices are due upon receipt. You will find that our methodology in calculating the amount due closely parallels the billing methodology described in your own communications. I am certain that any reasonable court of law will consider them as equally valid, if not superior, when we file our counterclaim.

I look forward to receiving your communication as specified above.

The attached invoice was for US$550, two line items for reading their letters at US$125 and one for reading and replying to their mail at $250. I got an automated reply acknowledging receipt. Perfect.

Today NCS IP Solutions sent me an offer to negotiate before they filed suit. My response:

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I suggest you refer to our communications with Getty Images wherein we invite them to attempt such a suit, and include several other terms relevant to your involvement in this. Also you should note that pursuant to our communications with them, responding to this message has increased the total amount of our charges to them to a total of USD$800, plus tax. By distributing our information to a third party they have agreed to our terms, and as such the legal basis for our claim is considerably stronger than theirs. Further communications on this matter will push amount of our imminent counterclaim well above their claim, and I assure you we'll seek to not only have their claim dismissed, but we'll ask for full payment of our counter, and have every expectation that we'll prevail.

I advise you to obtain a copy and full understanding of our communications with Getty Images before responding.

You should also be aware that I'll be involving the Canadian Internet Policy and Public Interest Clinic in this matter. https://www.cippic.ca/en

I subsequently sent Getty another invoice for US$250, noting that their balance is now US$800. They sent another automated confirmation message.

One more letter and my claim will exceed theirs. Game on.

stinger

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Re: Beating them up from Canada
« Reply #1 on: December 10, 2013, 03:33:44 PM »
So far, I really like the way you play this game, Canuckistan.

Please keep us informed as it progresses.  Every day, I am convinced that there is more than one way to deal with a huckster.

Robert Krausankas (BuddhaPi)

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Re: Beating them up from Canada
« Reply #2 on: December 10, 2013, 07:53:11 PM »
hahaha, this is great..I personally think you should use NCS to collect on the outstanding balance.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

canuckistan

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Re: Beating them up from Canada
« Reply #3 on: December 10, 2013, 08:05:28 PM »
Thanks. Quick correction: $150 to read, $250 to read and respond. My math is correct. :)

Also I've put these invoices into my normal business stream. They're actually on my corporation's accounts receivable as professional services. Too bad I don't charge late fees!

canuckistan

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Re: Beating them up from Canada
« Reply #4 on: March 05, 2014, 06:35:13 PM »
So back in late December I got another letter subtitled "this is an offer to settle" from NCS saying I had 30 days to dispute the validity of their claim...
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This is an offer to go to court

Dear Sir/Madam:
This is a response to your letter dated 2013-12-06 but postmarked 2013-12-19.
Unsurprisingly, nobody from either Getty Images nor your firm appears to have bothered to have either read or comprehend our previous communications on this matter. It is well established that Getty's “settlement demand” notices do not incur a debt.
So I'm going to spell this out in a paragraph for you:
We dispute the validity of this matter.
There. See? Seven words, twelve syllables. Please take as much time as you need to grasp the meaning of that sentence, then proceed.
Allow me to quote, in full, the last communication I had with Getty before they passed the file to you. This is from an e-mail dated 2013-10-29, for which they generously provided a confirmation of receipt:
(as in post above)
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Since they continue to engage you as their agent after our notice was received, we can only interpret this as full acceptance of our terms. As I pointed out in our e-mail communication to your office dated 2013-12-10 (sent to amber@ncsipsolutions.com), the legal basis for our billing in this matter is very likely more robust than Getty's. We're sufficiently confident in this matter that we would, once again, invite you to try your luck in court at your earliest possible opportunity.
I should also note that after accounting for this response, Getty Images' outstanding account with us will be US$1090, plus applicable taxes and mailing expenses. Payment of the first invoice, number 2062, in the amount of $577.50 is now seriously past due and we're fully prepared to proceed with collections.
Once again, I look forward to receiving notice that you have revoked the so-called settlement demand and will forever cease perusing this matter.

I sent this via registered mail in early January and haven't heard a peep since.  ;D

I came back to post this because I wanted to wait three months before claiming outright victory, but today this news came in

http://www.theverge.com/2014/3/5/5475202/getty-images-made-its-pictures-free-to-use

Now THAT, ladies and gentlemen, is a win. Wish I could take credit for it! :)

Jerry Witt (mcfilms)

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Re: Beating them up from Canada
« Reply #5 on: March 08, 2014, 11:39:51 AM »
Good job canuckistan. For some time I have been saying people should charge for their time dealing with largely baseless claims. Looks like this strategy worked for you.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

 

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