Click Official ELI Links
Get Help With Your Extortion Letter | ELI Phone Support | ELI Legal Representation Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.

Author Topic: A New Getty Problem - Cease & Desist Letter from France  (Read 9281 times)

RyanHealy

  • Newbie
  • *
  • Posts: 19
    • View Profile
A New Getty Problem - Cease & Desist Letter from France
« on: December 28, 2016, 06:23:30 PM »
Today I received a Cease & Desist letter from a law firm that appears to be based in Paris, France. They have "demanded" that I remove all of my writings about Getty Images from my website at ryanhealy.com. For now, I have unpublished these articles since they set a deadline of Dec. 28, 2016 to remove the content from my site. I only just got the letter TODAY (Dec. 28, 2016), so that does not give me any time to research this matter or see what rights I may have in this matter.

You can download the letter and read it for yourself here: http://www.ryanhealy.com/wp-content/uploads/2016/12/getty-cease-and-desist.pdf

The funny part about all this is they are citing French law to intimidate me. But I live in the U.S. so I'm not sure how or why they think French law governs what I post on my blog.

All the posts in question were published in late 2012 and early 2013, and my professional business (writing sales copy) has nothing to do with copyright law or copyright issues. I only wrote my blog posts as a way to warn other people of the pitfalls of using digital images, especially those licensed by Getty.

So I don't really care whether or not my posts about Getty stay online. But as a matter of principle I would like to keep my posts online if possible. At the same time, I do not have the time, energy, or desire to engage this particular law firm in a legal fight.

Thoughts? Opinions? Any feedback is appreciated. Thank you.

Greg Troy (KeepFighting)

  • ELI Defense Team Member
  • Administrator
  • Hero Member
  • *****
  • Posts: 1859
    • View Profile
    • Yeah, We Do That.
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #1 on: December 28, 2016, 09:07:38 PM »
If your articles are just informative, stating the facts and or your opinions I don't see what they could do to you.  I would think your American First Amendment rights far outweigh any French law. 

I have read some of your articles in the past and from what I remember I saw nothing wrong with them.

Please keep us posted on what you do.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Robert Krausankas (BuddhaPi)

  • ELI Defense Team Member
  • Administrator
  • Hero Member
  • *****
  • Posts: 3354
    • View Profile
    • ExtortionLetterInfo
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #2 on: December 29, 2016, 08:55:18 AM »
I would not remove anything, you're protected by the First Amendment, and I would also pubilcize this letter from this French firm...morons
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..

RyanHealy

  • Newbie
  • *
  • Posts: 19
    • View Profile
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #3 on: December 29, 2016, 10:40:56 AM »
Thank you for the feedback, Greg and Robert. I'll keep you posted.

stinger

  • Hero Member
  • *****
  • Posts: 766
    • View Profile
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #4 on: December 29, 2016, 02:26:50 PM »
I remember when you were writing those posts, Ryan because I was in the midst of my battle with Getty.  It seemed to me that everything you said was legit.

When I read Vanessa's complaint letter, it strikes me that English is not her first language.  My take is that this is an intimidation tactic to try and clean up true stuff that has been written about Getty.  I do not think that this French firm is authorized by Getty to do anything in the American court system.

I am a big backer of yours Ryan, because you call it as you see it.  I cannot see how your posts from back then could possibly cause you any legal problems here.  I agree with Robert and Greg on this and I hope you stand FIRM.

Cam Winston

  • Newbie
  • *
  • Posts: 17
    • View Profile
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #5 on: December 29, 2016, 03:40:09 PM »
I remember reading your articles as well Ryan, and I will be damned if something like this could prevent you from freely expressing exactly what happened. It's not libel if you're are posting the truth. However, maybe that will change once Trump "opens up the Libel laws" or whatever that means.

RyanHealy

  • Newbie
  • *
  • Posts: 19
    • View Profile
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #6 on: January 02, 2017, 07:25:48 PM »
So... a few updates.

1. I have republished all three of the articles I wrote about Getty.

2. I have scheduled a 30-minute consultation with my attorney Wednesday morning.

3. Dr. Neal Krawetz and I both received French Cease and Desist letters almost the same day. Both letters use large portions of the same exact verbiage. You can read his very thorough and well-written response here:

http://www.hackerfactor.com/blog/index.php?url=archives/747-Cease-and-Desist-from-Getty-Images-in-France.html

stinger

  • Hero Member
  • *****
  • Posts: 766
    • View Profile
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #7 on: January 03, 2017, 09:30:07 AM »
Well done, Dr. Neal Krawetz.  I think ELI should reach out to him and offer him some sort of recognition for his efforts.  At least a major bit of promotion for his response letter.

I think Getty and their "French" lawyers should also be put under the spotlight.

Matthew Chan

  • ELI Founder, "Admin-on-Hiatus"
  • Administrator
  • Hero Member
  • *****
  • Posts: 2763
  • 1st Amendment & Section 230 CDA Advocate
    • View Profile
    • Defiantly
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #8 on: January 06, 2017, 05:03:12 PM »
I got mine today from Getty Images France. You can bet I will be posting my letter for everyone to see and I have a few special friends that will be VERY interested in this.
« Last Edit: January 06, 2017, 09:19:00 PM 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.

Matthew Chan

  • ELI Founder, "Admin-on-Hiatus"
  • Administrator
  • Hero Member
  • *****
  • Posts: 2763
  • 1st Amendment & Section 230 CDA Advocate
    • View Profile
    • Defiantly
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #9 on: January 06, 2017, 09:18:23 PM »
I read Dr. Neal Krawetz's response and it is way longer than the response I drafted for myself.  Personally, I think he wrote way too much when the issue is much simpler.  Mine is a one-page response with a number of pointed questions to cut to the heart of the matter. The rest of it is noise as far as I am concerned.

How in the hell does French law take precedent over U.S. laws and the First Amendment when the letter recipients live and work in the U.S., write for primarily American readership, and web-hosted in the U.S.?

No U.S. lawyer will be able to fluently discuss French law. That is going down a rabbit hole. They will probably tell you French courts has no jurisdiction over U.S. citizens that live and operate in the U.S. and have no business interests in France. The fact that French citizens can read an American website is not a basis of real jurisdiction in France.

All the other phrases and French case law they use of "disparagement", "inciting", "litigious", is all smoke and mirrors as far as I am concerned.

If Getty Images has a problem with what any U.S. blogger wrote, than they need to hire a U.S. lawyer and quote U.S. case law to address the issue. It is going to take a lot more than some random blonde female French lawyer working at a French law firm to convince me the B.S. she is feeding me is actually true and relevant.

If everyone getting this letter will hold their horses a bit and not get overly twisted up about this, I will happily post my response to Vanessa, the French lawyer, next week.

So... a few updates.

1. I have republished all three of the articles I wrote about Getty.

2. I have scheduled a 30-minute consultation with my attorney Wednesday morning.

3. Dr. Neal Krawetz and I both received French Cease and Desist letters almost the same day. Both letters use large portions of the same exact verbiage. You can read his very thorough and well-written response here:

http://www.hackerfactor.com/blog/index.php?url=archives/747-Cease-and-Desist-from-Getty-Images-in-France.html
« Last Edit: January 09, 2017, 06:17:24 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.

Matthew Chan

  • ELI Founder, "Admin-on-Hiatus"
  • Administrator
  • Hero Member
  • *****
  • Posts: 2763
  • 1st Amendment & Section 230 CDA Advocate
    • View Profile
    • Defiantly
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #10 on: January 06, 2017, 09:25:05 PM »
I commend Neal for his efforts but I think he partially fell into a rabbit hole with his extremely lengthy response. He obviously took a lot of time to write it. And if I thought this was actually a serious matter, I would too.

People need to understand that this is mostly a mind-fuck by Getty Images or Vanessa until you sit down and seriously think this through. It will be released next week.

As I said, I have drafted my response but it needs to be read over and edited by another person. Once that is done, I think letter recipients will understand where I am coming from.

And if not, then everyone gets to respond in their own way. I prefer simplicity and conciseness when it's appropriate. And at this juncture, that is the way I am going.

Well done, Dr. Neal Krawetz.  I think ELI should reach out to him and offer him some sort of recognition for his efforts.  At least a major bit of promotion for his response letter.

I think Getty and their "French" lawyers should also be put under the spotlight.
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.

Robert Krausankas (BuddhaPi)

  • ELI Defense Team Member
  • Administrator
  • Hero Member
  • *****
  • Posts: 3354
    • View Profile
    • ExtortionLetterInfo
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #11 on: January 07, 2017, 07:10:28 PM »
I'm appalled that i just read that post, while sitting in my living room..shame on you!!! using such horrid language..but I digress..I'm fully expecting one of these letters to arrive in my mailbox at any day..and yes I will respond in a fashion only I can muster.
« Last Edit: January 11, 2017, 04:40:01 PM by Greg Troy (KeepFighting) »
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..

RyanHealy

  • Newbie
  • *
  • Posts: 19
    • View Profile
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #12 on: January 11, 2017, 01:52:26 PM »
Today I received an email from Vanessa -- the French lawyer -- saying that the letter I received Dec. 28, 2016 was a "mistake." I sincerely doubt it was a mistake. I assume they are now claiming it was a mistake in order to save face and avoid further embarrassment. Here is the exact copy of the email I received:

Dear Sirs/Madam,
 
Whilst operating as Getty Images’ French legal advisor, we sent you a formal letter dated December 20th 2016, asking you to cease and desist perceived libelous activity on your site.
 
Please disregard our previous letter, it was sent in error and accept our sincerest apologies.
 
Yours sincerely,
 
Vanessa Bouchara
 
CABINET BOUCHARA – Avocats
Spécialiste en Droit de la Propriété Intellectuelle
17, rue du Colisée - 75008 Paris
Tel : +33 (0)1 42 25 42 30 - Fax : +33 (0)1 42 25 42 31
Email : info@cabinetbouchara.com
Website : www.cabinetbouchara.com

Matthew Chan

  • ELI Founder, "Admin-on-Hiatus"
  • Administrator
  • Hero Member
  • *****
  • Posts: 2763
  • 1st Amendment & Section 230 CDA Advocate
    • View Profile
    • Defiantly
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #13 on: January 11, 2017, 04:43:23 PM »
Ryan,

I absolutely agree with you. Definitely a face-saving move since the story has been circulating and being retweeted now.

Today I received an email from Vanessa -- the French lawyer -- saying that the letter I received Dec. 28, 2016 was a "mistake." I sincerely doubt it was a mistake. I assume they are now claiming it was a mistake in order to save face and avoid further embarrassment.
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.

Greg Troy (KeepFighting)

  • ELI Defense Team Member
  • Administrator
  • Hero Member
  • *****
  • Posts: 1859
    • View Profile
    • Yeah, We Do That.
Re: A New Getty Problem - Cease & Desist Letter from France
« Reply #14 on: January 11, 2017, 04:45:33 PM »
Matthew got his apology email today, I am still waiting for mine.  :)
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

 

Official ELI Help Options
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.