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1
Getty Images Letter Forum / Re: Is Higbee Stuck at the Bottom?
« Last post by kingkendall on October 18, 2017, 01:09:23 PM »
I've studed the Sadowski case as well.  Not one has gone to trial.  My contention is that's not Higbee's goal.  He's not an IP lawyer and not one lawyer who works for him as far as I see is an IP lawyer.  Do you really think NBC Universal, Bravo Inc, and the New York Oberserver (Jared Kusher Donald Trump's son-in-law) haven't retained top IP lawyers?  Do you really think Matthre Higbee wants to up against that in a Federal court at Trial whereby those defendants can delay Sadoski to death and up his court costs?  That's if they want to even bother.  They might just offer a settlemt to get rid orf an insect like Higbbe and he'll grab it and run. 
2
Getty Images Letter Forum / Re: Is Higbee Stuck at the Bottom?
« Last post by icepick on October 18, 2017, 11:26:30 AM »
I don’t know, I’m still researching his MO. For the run of the mill troll cases outside of California he seems to go hard until he loses his Motion for Summary Judgment. I suspect that is because he can handle the case remotely through the summary judgment stage so he is trying to get the easy win from people who don’t contest the case.

The Backchina case is one of the few where I know he had to bring in local appearance attorneys not already part of his firm so it will be interesting to see how that case ends since Sadowski may be more litigious than Higbee wants to be.
3
Getty Images Letter Forum / Re: Is Higbee Stuck at the Bottom?
« Last post by Matthew Chan on October 17, 2017, 10:39:33 PM »
I am not sure I agree with your assessment. Higbee and his clients just want some money, not to go all the way to consummate the deal. (Double Entendre intended.)  And defendants become motivated to settle because they are lost in the legalities.  Each side does a bit of blinking and standing. Each side settles because no one likes the lawsuit to continue. Take the money and run.

Higbee wants to up his profile of being a "bad ass". The problem with that is one day he will get spanked in a manner by an entity, person, or circumstances he will not foresee. Lawsuits have a way of generating unintended consequences and publicity.  I have been around enough to have seen this happen to different people.

All the defendants and plaintiffs are different, but Higbee is the constant in these scenarios. It seems to happen more often than not so I wonder if Higbee is the one blinking when put up or shut up time comes and he has to pay local attorneys out of pocket for trial time or take what he can get without dealing with judgment collection issues.
4
As far as I know, there are no "free lawyers" in civil cases unless you happen to know someone. Most of the copyright infringement situations I hear from on ELI are smaller situations. I cannot see any court expend any resources to appoint a lawyer on these types of rinky-dink cases.

I didn't know that it was possible to ask for a lawyer in a civil case if you can't afford one.  I thought that pretaianed to criminal cases only.  Have you ever heard of this before?
5
Getty Images Letter Forum / Re: PicRights.com
« Last post by Matthew Chan on October 17, 2017, 10:25:40 PM »
I am a little late to the party.  But from my online research, PicRights.com shares the street address as Masterfile:

3 Concorde Gate, 4th Floor
Toronto, ON, Canada M3C 3N7

The PicRights website claims that Masterfile, AFP, SciencePhotoLibrary, Loupe Images, Cephas Picture Library, PA Images, Aurora Photos, Jill Greenberg, CartoonStock, and the Associated Press are "clients".

It also lists this business address in Switzerland:

PicRights Europe GmbH
Albisstrasse 14
8134 Adliswil Switzerland

Given the fact that Masterfile has had their Toronto street address for many years, it appears to me that PicRights is leveraging Masterfile's prior and existing office and operations infrastructure for their copyright enforcement letters. It is unclear to me which was created first, PicRights Switzerland or PicRights Canada. Regardless, they appear to be working symbiotically with the Masterfile operation.

Along with PicRights.com, ArtistDefense.com also shares Masterfile's street address.

In addition to sharing the street address, what they have in common are the names of the worker bees like "Geoff Beal" who previously operated as "Geoffrey Beal" years ago.  A familiar name "Michael Hilsheimer" who I remember was with Masterfile years ago now works for PicRights.com.

Has anyone dealt with PicRights.com?

6
It has taken a few years but I think we have finally uncovered the deal with the "missing" corporate registrations with the Gafni law firms. The insight found its way to me when a victim recently forwarded a copy of their email recently written and sent by Gafni Attorney, Jason Levin.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/what-is-up-with-attorney-adam-gafni-of-gafni-levin-llp/msg21538/#msg21538

The short answer is that the California Business Search page does NOT list the Disclaimer text shown in the Business Search Tips page which states that general partnerships (GP) and limited liability partnerships (LLP) will not appear in online searches. It seems California Business searches only display corporations and LLC's, not other legal entities.

http://www.sos.ca.gov/business-programs/business-entities/cbs-search-tips/

Disclaimer: This Search tool allows you to search the Secretary of State's California Business Search database for abstracts of information for domestic stock, domestic nonprofit and qualified foreign corporations, limited liability companies and limited partnerships that have filed with this office. This search tool groups corporations separately from limited liability companies and limited partnerships and returns all entities for the search criteria in the respective groups regardless of the current status. This database does not include other types of business entities that are registered with the California Secretary of State, such as general partnerships and limited liability partnerships. The search results only include copies of filed Statements of Information for corporations and limited liability companies that have been imaged. Search results that indicate “Image not available online” may be available by ordering copies, refer to refer to Information Requests.
7
By the way, there is a "new" domain http://gafnilevin.com they are promoting which points to the older domain http://gafnilaw.com.

At long last, we get to see what the two Gafni & Levin lawyers look like.  Jason Levin is one very TALL dude. He sort of reminds me of "Jaws" from the Roger Moore's James Bond movies.  :-)

http://gafnilaw.com/wp-content/uploads/2017/03/history.jpg
8
I have always wondered about the validity of the law firms Adam Gafni have been involved with. I could never find their law firms name in any corporation online search which made me suspect their operating status.  It appears I finally got a better answer by way of a forwarded email written by Adam Gafni partner, Jason Levin.

It appears in my original research, I did NOT have the additional insight gained from the Disclaimer fine print from the Business Search Tips page. This is the text found on the Business Search Tips page (which is a different page from the main Business Search Page):

http://www.sos.ca.gov/business-programs/business-entities/cbs-search-tips/

Disclaimer: This Search tool allows you to search the Secretary of State's California Business Search database for abstracts of information for domestic stock, domestic nonprofit and qualified foreign corporations, limited liability companies and limited partnerships that have filed with this office. This search tool groups corporations separately from limited liability companies and limited partnerships and returns all entities for the search criteria in the respective groups regardless of the current status. This database does not include other types of business entities that are registered with the California Secretary of State, such as general partnerships and limited liability partnerships. The search results only include copies of filed Statements of Information for corporations and limited liability companies that have been imaged. Search results that indicate “Image not available online” may be available by ordering copies, refer to refer to Information Requests.

The bottom line is that Adam Gafni's current and prior law firms might have been properly registered in California but they do not appear in the California corporations search if the legal entity is a California general partnership (GP) or a limited liability partnership (LLP). According to the website, the only way to get that information is to inquire further.

The ELI tries to get its facts straight but sometimes we have missing information.  That missing information is that the main California Business Search page https://businesssearch.sos.ca.gov/ does NOT have the same disclaimer as the one on the Business Search Tips. Excerpted below, there is no mention of different treatment of online listings of general partnerships or limited liability partnership.

Disclaimer: This tool allows you to search the Secretary of State's California Business Search database for abstracts of information for domestic stock, domestic nonprofit and qualified foreign corporations, limited liability companies and limited partnerships that have filed with this office. This search tool groups corporations separately from limited liability companies and limited partnerships and returns all entities for the search criteria in the respective groups regardless of the current status.

Although every attempt has been made to ensure that the information contained in the database is accurate, the Secretary of State's office is not responsible for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information that is provided. All such information is provided "as is." For information on ordering copies of the official business entity records for a particular entity, please refer to Information Requests.


Given this insight was conveyed to me recently, I would now say there is a good chance that if anyone chose to look into corporation filing status of Adam Gafni's law firm, it will be there. I haven't yet gone through the motions of checking myself but I find the Disclaimer text on the Business Search Tips page to be informative and compelling give benefit of the doubt.
9
I actually paid the $10, I feel that if someone is complaining that you violated their copyright, but agree to sell you a license for $10, then they can't claim you owe them $5,000 in damages.

To show the nonsense of Higbee, I did answer the call from one of their "staff". I told them that I bought a license. They checked with Youngson and said that I bought the license for them after their initial claim. They still wanted to negotiate a settlement.

Sorry, Ted: there's case precedent that purchasing a license after you have committed an infringement does not get you off the hook for infringing: Palmer/Kane, LLC v. Rosen Books Works, LLC, Case No. 15-cv-7406 (SD NY Aug. 31, 2016) (viewable at https://scholar.google.com/scholar_case?case=9723625002606900591)
10
It will be interesting if Higbee really does drop it or if you hear from him down the road. It would kind of set the floor for what it takes to get rid of a Youngson case.
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