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Author Topic: Oscar Michelen’s Defense Letter Program - What Happens Next  (Read 5511 times)

Venture1

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Anyone here used the Defense Letter Program?  What happens next?
I'm kinda scared of what will happen.
If Getty will now only send letters to Oscar, does this mean I'm going to be billed by Oscar everytime he gets a letter? At $450/hour this will be more expensive than just paying Getty's demand.

Would love to hear your experience with the Defense Letter Program and what happens.

lucia

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Re: Oscar Michelen’s Defense Letter Program - What Happens Next
« Reply #1 on: January 28, 2015, 05:08:45 PM »
If I recall correctly, Oscar writes one letter. If he gets a response, he writes a second letter. (My impression is he rarely gets a response from getty.)  After that, if Getty pursues, yes, you need to hire a lawyer. The letter writing program is not a guarantee of representation is Getty actually files.

In most cases, the issues are not complicated the letter complains about a single images, the images in not really that valuable, and in reality, Getty is unlikely to sue. However, they do pester as if they plan to do so. The main benefit you get is Getty stops writing anyone at all. If a lawyer write them, they can no longer pester you directly. 

However, if you are one of the people who posted hundreds images creating multiple sites for people and so on, then the letter writing program won't do you much good. You will need an attorney to help negotiate an actual settlement. (There is a case like that. Someone set up a web design service and sold customers web designs with infringing images putting them at risk. Getty went after the web designer and rightfully so.)

I hope you are not any such web designer, but if you are you'll need services. In that case Oscar himself might be able to help you, but the letter writing program won't be enough.

Matthew Chan

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Re: Oscar Michelen’s Defense Letter Program - What Happens Next
« Reply #2 on: February 02, 2015, 09:51:27 AM »
It's a flat fee program. The prices and information are listed here.

http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscar-michelens-defense-letter-program/

Anyone here used the Defense Letter Program?  What happens next?
I'm kinda scared of what will happen.
If Getty will now only send letters to Oscar, does this mean I'm going to be billed by Oscar everytime he gets a letter? At $450/hour this will be more expensive than just paying Getty's demand.

Would love to hear your experience with the Defense Letter Program and what happens.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

ELIVictim1973

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Re: Oscar Michelen’s Defense Letter Program - What Happens Next
« Reply #3 on: March 21, 2015, 12:04:27 AM »
I have been trying to use the OM Letter Program. I contacted Oscar via email as instructed on 1/25/15. As instructed in the program outline I followed up after 2 business days. I finally received a response on 2/3/15 outlining the fees and the process. I mailed a check which was cashed on 2/23/15. As of 3/9/15 I had not seen the draft letter, and I had followed up every few business days to get a status request. I called the number Oscar provided me and actually got to speak to him (really nice guy by the way). He apologized for the letter slipping through the cracks as he has been very busy working litigation issues. He indicated I would have a draft no later than close of business on 3/10/15. As of today (3/20/15), I still do not have a draft letter and have been unable to get a response from Oscar via email or phone. I did speak to Jeffrey (as instructed on this site) and he indicated he was unable to help but would pass the message along to Oscar.

I feel confident that the letter will come soon as I imagine Oscar is quite busy. I do not think this is a fraud as other posters have indicated. But, I would caution folks to be patient as this process does seem to take much longer than the few days noted in the instructions on the ELI site.

(BMB)

Matthew Chan

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Re: Oscar Michelen’s Defense Letter Program - What Happens Next
« Reply #4 on: March 21, 2015, 12:37:42 AM »
Please email me your name privately and I will pass your message along to Oscar and his office manager. I have been in contact with both recently and feel confident they will respond back to me.
« Last Edit: March 21, 2015, 12:42:14 AM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

ELIVictim1973

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Re: Oscar Michelen’s Defense Letter Program - What Happens Next
« Reply #5 on: March 21, 2015, 12:41:03 AM »
Thanks Matthew. I am sure it has fallen through the cracks someplace and that he is busy. But as you know dealing with these trolls can be quit stressful and worrying about when you might get your response from Oscar after almost 9 weeks just adds to that stress. Any help is greatly appreciated.

I will pass your message along to Oscar and his office manager. I have been in contact with both recently and feel confident they will respond back to me.

ELIVictim1973

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Re: Oscar Michelen’s Defense Letter Program - What Happens Next
« Reply #6 on: March 21, 2015, 12:56:54 AM »
Done. Per your request.

BMB

Please email me your name privately and I will pass your message along to Oscar and his office manager. I have been in contact with both recently and feel confident they will respond back to me.

Matthew Chan

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Re: Oscar Michelen’s Defense Letter Program - What Happens Next
« Reply #7 on: March 21, 2015, 01:02:15 AM »
I perfectly understand the stresses extortion letter victims face. I was a victim in 2008 which was the reason why I launched ELI.  Ever since 2008, I have been an aggressive, outspoken advocate for unintentional infringers.

Rest assured that I am greatly concerned about service and communication issues for any ELI user. Whether it be the paid services such as the ELI Support Call or Oscar's  Defense Letter Program or "free services" such as the ELI Forums, I want to ensure that excellent service is provided.

Even for our "free service" of the ELI Forums, ELI Defense Team Member, Robert Krausankas (of Web Design of Palm Beach) and I take 24-hour/7-day a week online access seriously.  People should know that Robert entirely and freely DONATES his web hosting services to me and ELI in this effort.

Greg Troy (ELI Defense Team member) and Robert also FREELY act as co-administrators as additional ELI forum support and coverage for those times I am not available to answer questions. Jerry Witt is a long-time ELI Contributor who volunteers his time to answer questions also. Stinger is a loyal ELI supporter who answers questions.

What I am saying is that all of us collectively strive for excellence here to the degree we are able to deliver it. I believe Oscar will respond to you soon.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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