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ELI Forums => Getty Images Letter Forum => Topic started by: Matthew Chan on January 06, 2017, 11:43:09 PM

Title: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 06, 2017, 11:43:09 PM
Okay, it seems the Cabinet Bounchara Avocats / Vanessa Bouchara / Getty Images Censorship & Gag Letters have become a thing. I thought I was alone but there are people who are coming out on this.

So far,

1. Yours truly, has received two letters for two websites, this one (ELI), and TurnKeyPublisher.com.
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/getty-images-(cabinet-bouchara-avocats)-attempts-to-intimidate-eli-to-kill-links/

2. Blogger & Expert Copywriter Ryan Healy (Great guy and very smart!) of RyanHealy.com

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

4. Zyra.info http://www.zyra.info/getstu.htm He has already removed his content.

If there are any other bloggers or website owners who have received these letters, I want to know about it. I want to find out how many of these letters are being sent out and who is being sent the letters. I will honor all requests for confidentiality but I think you are stronger if you are part of a visible united group especially if you are a blogger or website owner in the U.S.

You should know I will be contacting other bloggers and media websites that cover stories such as this one. If you are willing to be interviewed, let me know that as well so I can direct reporters/bloggers to contact you directly should they be interested in doing so.

My guess is there might be 20 to 30 of these letters sent out to the most prominent critics listed in Google search engines, and not the hundreds in the case of typical Getty Images extortion letters.

Right now, I think there is just a small group of us but it is hard to gauge at this early juncture. So, anyone that wants to help sniff this out by Googling or Binging, please do so.

There is something very sleazy and dirty about trying to censor and gag bloggers and commenters for criticizing and offering suggestions regarding Getty Images extortion letters.  Yes, I am using the colloquial term, extortion letters, as we have done for the last 8.5 years and will continue to do so.

Vanessa Bouchara, no way you are going to gag and silence everyone who wants to call Getty Images Demand Letters "extortion letters". You can't forbid people from saying negative things and stop people from suggesting they shouldn't pay or ignore the letters. Most of us are in the U.S. and we are allowed to say these things.  French lawyers might not understand this but we have two important things:  First Amendment and Section 230 CDA.  Start reading up on it.


Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 07, 2017, 07:58:41 PM
Kind of amusing.  When someone does a Google search on "Cabinet Bouchara Avocats letter", it points to ELI, Hacker Factor, and Zyra as the leading sources referring to it.

It is ELI vs. Hacker Factor to fight for the higher spot on Google. :-)

Anyone who gets of these obnoxious French letters will get the low-down pretty quickly.
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 10, 2017, 03:31:36 AM
This is my response letter to French lawyer, Vanessa Bouchara.

https://www.scribd.com/document/336153842/Response-to-Cabinet-Bouchara-Avocats-Getty-Images-Vanessa-Bouchara-Censorship-Gag-Letter

Anyone may borrow or use the content of my letter if they feel it will help them in their own situations. No ELI Support Call required!  :-)

Special thanks to Oscar Michelen who read over my letter and made some good suggestions.
===============

January 10, 2017

Ms. Vanessa Bouchara
Cabinet Bouchara Avocats
17 rue du Colisée - 75008 PARIS

Email Address: vb@cabinetbouchara.com, info@cabinetbouchara.com

I am in receipt of your two letters where you attempt to convince me that I should remove specific blog posts from my websites where I have reported demonstrably accurate facts and expressed informed opinions about your purported client, Getty Images.

It is unclear to me whether you represent Getty Images in the U.S. or Getty Images in France. Which specific entity do you represent here? I request to see proof of who you claim to represent as this is unprecedented for me to receive any letters from France regarding any matter.

Regardless of which corporate entity you represent in France, I inform you of the following:

1.   I am a U.S. Citizen who lives and work in the U.S.
2.   I do not have any business interests in or solicit any business from France.
3.   My websites are hosted in the U.S., written in English, and primarily targets American readers.

As such, any content you or your client may object to on my website all firmly within the realm of U.S. laws and the First Amendment. I do not see how you can threaten me with a lawsuit being brought in a country in which I have no contact, connections, or involvement.

Am I to blindly accept and believe that French law somehow has jurisdiction over me, my posts, or my websites based on your form letter? What about the U.S. First Amendment? Are you asserting that French law somehow has superior jurisdiction here?

French law might have jurisdiction over you, your law firm, and your client operating in France. But I cannot see any way whatsoever how French law applies to me or my websites.

Until you provide me some important answers to my questions regarding your purported client's status and standing as well as a convincing explanation why French law has any bearing or relevance to me or websites, I have no intention whatsoever in removing any posts that I or anyone else have written and posted on my websites.

Respectfully,
 
Matthew Chan (on behalf of ExtortionLetterInfo.com & TurnKeyPublisher.com)
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 10, 2017, 09:25:07 AM
I am fairly certain Getty Images has issued no apologies or retraction letters to the victims.

Read Getty Images' official bullshit response to these letters from a French lawyer:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/10/american-bloggers-criticizing-american-company-threatened-by-french-lawyer-citing-french-law/

Typical.
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Greg Troy (KeepFighting) on January 10, 2017, 09:51:51 PM
I have received one of these letters today and am working on my response as I type this.  Good thing I saved my "Unleash Hell" folder for when/if I ever heard from Getty again.  I really never thought I would, I thought they had enough of me last time.

So much as we can thank Timmy for bringing Matthew back to us after the Linda Ellis events I guess we should Send Ms. Bouchara a thank you letter for bringing me back into action.  I had kind of drifted away but I'm back and gearing up for another fight.  Make no mistake I am not worried about this letter in the least and actually chuckled while I was reading it. 

I also don't by for a minute that Getty Images did not know about what Ms. Bouchara was doing. I seriously doubt any law firm/ lawyer will send out all these letters demanding that blogs, websites and articles be taken down or face law suits all on their own.  No money is asked for in the letters, just an implied threat if the articles are not removed, they are not going to do all this and pay for signature proof letters out of their own pockets, they are billing Getty for their services, you know it, I know it and Getty damn well knows it.

What is the definition of insanity?  Doing the same thing over and over and expecting a different result.  Why would Getty think they can try and harass and intimidate me (ooops, I used those bad words Getty doesn't like again).  So stay tuned as I'm more than certain the results will be the same as last time....a hugely disproportionate response.

I'm back ..... (mike drop)  ;)
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 11, 2017, 07:20:44 AM
Thank you, Vanessa Bouchara!

Greg Troy is ticked off now.
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 11, 2017, 07:44:17 AM
These are comments Oscar Michelen made on Eugene Volokh's Washington Post piece:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/10/american-bloggers-criticizing-american-company-threatened-by-french-lawyer-citing-french-law/

"I have to agree with some of the commenters here Eugene that I find it hard to believe that Getty US was wholly unaware of Ms. Bouchard's campaign. For something this extensive to have been contrived on her own without Getty's knowledge seems like a leap. I told Matthew the same thing when he contacted me about this and I told him about the Speech Act. Getty's response to you strikes me as the same thing as the French police chief in Casablanca being "shocked, shocked to find that gambling is going on in here"
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: RyanHealy on January 11, 2017, 01:55:52 PM
I'm honored to be included on this list, Matthew. And thank you for your kind words. :-)
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Peeved on January 11, 2017, 02:41:24 PM
These are comments Oscar Michelen made on Eugene Volokh's Washington Post piece:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/10/american-bloggers-criticizing-american-company-threatened-by-french-lawyer-citing-french-law/

"I have to agree with some of the commenters here Eugene that I find it hard to believe that Getty US was wholly unaware of Ms. Bouchard's campaign. For something this extensive to have been contrived on her own without Getty's knowledge seems like a leap. I told Matthew the same thing when he contacted me about this and I told him about the Speech Act. Getty's response to you strikes me as the same thing as the French police chief in Casablanca being "shocked, shocked to find that gambling is going on in here"


Eugene is so funny. Their half assed apology "spoiled/ruined" his fun! LOL!!!

Ya...'twas funny that the "disregard" and "sincerest apologies" went to EUGENE first WTF??!
Glad to hear that actual  "LETTER RECIPIENTS" of this bullshit got an apology as well for what that is worth anyway.

 
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Greg Troy (KeepFighting) on January 11, 2017, 04:37:08 PM
These are comments Oscar Michelen made on Eugene Volokh's Washington Post piece:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/10/american-bloggers-criticizing-american-company-threatened-by-french-lawyer-citing-french-law/

"I have to agree with some of the commenters here Eugene that I find it hard to believe that Getty US was wholly unaware of Ms. Bouchard's campaign. For something this extensive to have been contrived on her own without Getty's knowledge seems like a leap. I told Matthew the same thing when he contacted me about this and I told him about the Speech Act. Getty's response to you strikes me as the same thing as the French police chief in Casablanca being "shocked, shocked to find that gambling is going on in here"


Eugene is so funny. Their half assed apology "spoiled/ruined" his fun! LOL!!!

Ya...'twas funny that the "disregard" and "sincerest apologies" went to EUGENE first WTF??!
Glad to hear that actual  "LETTER RECIPIENTS" of this bullshit got an apology as well for what that is worth anyway.


I've not got my apology yet and I am dead serious about starting up again if I don't.
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 11, 2017, 04:51:32 PM
Hello Ryan,

I debated being nice given you are "competition" in Google search for "Getty Images extortion letter".  *wink*

But I am glad you came to ELI to post your story along with Neal's response. It was helpful to me in assessing the situation and coming up with a plan and also contacting a "special friend" to help get the word out.

It is never easy being the first one to get these types of bogus letters.  I benefited from not getting the letter right away.

There is power in communicating with an established community as you can see. This one got nipped in the bud pretty quickly. Faster than I expected.

I'm honored to be included on this list, Matthew. And thank you for your kind words. :-)
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 11, 2017, 04:53:49 PM
I think Eugene was prepared to gear up for a big fight and then we would have to have a legal reunion.

However, Greg still hasn't gotten his apology yet so it isn't quite over yet.

Eugene is so funny. Their half assed apology "spoiled/ruined" his fun! LOL!!!

Ya...'twas funny that the "disregard" and "sincerest apologies" went to EUGENE first WTF??!
Glad to hear that actual  "LETTER RECIPIENTS" of this bullshit got an apology as well for what that is worth anyway.
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Peeved on January 11, 2017, 04:58:09 PM
I've not got my apology yet and I am dead serious about starting up again if I don't.

My bad Greg, I just assumed that since Matthew got an apology that you did as well.
I'm thinking that Zyra.info should get an apology as well so that they may feel inclined to put back up their content. I'm sure that will happen right? lol...
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Greg Troy (KeepFighting) on January 11, 2017, 07:01:59 PM
I think Eugene was prepared to gear up for a big fight and then we would have to have a legal reunion.

However, Greg still hasn't gotten his apology yet so it isn't quite over yet.

Eugene is so funny. Their half assed apology "spoiled/ruined" his fun! LOL!!!

Ya...'twas funny that the "disregard" and "sincerest apologies" went to EUGENE first WTF??!
Glad to hear that actual  "LETTER RECIPIENTS" of this bullshit got an apology as well for what that is worth anyway.

Not over by a long shot.
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Matthew Chan on January 12, 2017, 06:51:13 PM
Apparently, Techdirt agrees with Greg Troy's sentiments.  Techdirt felt it was worthwhile to cover the story and call out Getty Images and the French lawyer for their latest censorship shenanigans:

https://www.techdirt.com/articles/20170111/11203336464/gettys-french-office-sends-out-letters-to-us-websites-demanding-they-take-down-anything-linking-it-to-legalized-extortion.shtml
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Greg Troy (KeepFighting) on January 12, 2017, 08:09:33 PM
I think Eugene was prepared to gear up for a big fight and then we would have to have a legal reunion.

However, Greg still hasn't gotten his apology yet so it isn't quite over yet.

Eugene is so funny. Their half assed apology "spoiled/ruined" his fun! LOL!!!

Ya...'twas funny that the "disregard" and "sincerest apologies" went to EUGENE first WTF??!
Glad to hear that actual  "LETTER RECIPIENTS" of this bullshit got an apology as well for what that is worth anyway.

I did send the following letter out yesterday and received and apology from Vanessa today which I appreciate but I also insist on one from Getty as well.  I will be sending out another letter hopefully tonight or tomorrow.

January 11, 2017
Ms. Vanessa Bouchara
Cabinet Bouchara Avocats
17 rue du Colisée – 75008 Paris

 
RE: Getty Images Cease and Desist Letter sent to GettyImagesMustChange.com

 
Ms. Bouchara,

I received your cease and desist letter in the mail on January 10, 2017 by registered letter. You sent it to the wrong address and it took a few days to catch up to my new address. I must say I was a little surprised by it.  After looking you and your law firm up, I see you claim to be intellectual property specialists. I was very confused as to how you assume French Law would apply to me and my website being an American citizen operating a U.S. based website directed at U.S. citizens.  My site contains document-supported, fact-based reporting accompanied by my personal opinions on your client’s business practices.

The Securing the Protection of our Enduring and Established Constitutional Heritage (Speech Act) states that foreign defamation judgements are unenforceable in the U.S. unless the foreign findings are consistent with the First Amendment of the U.S. Constitution.  All statements on my site that are not document-supported are my OPINION which is fully supported by my First Amendment rights. I also believe that under French Law, any claim against me or my site must be made within 90 days of the original posting, not 90 days from when you noticed it. Prior to receiving your letter, my last post was almost two years ago. This is a moot point anyway, as I stated my opinions are protected speech.

You accuse me of “acts of gross disparagement seriously damaging Getty Images’ image” yet I believe it is your client who is doing it to themselves by doing things like having foreign law firms send me letters threatening me with legal action over protected speech using foreign law.  This, Ms. Bouchara, is the type of letter I refer to as “harassing”, “bullying“ and “unethical“ and the type of behavior I have come to expect from your client.  Why does your client not attempt this with a U.S. lawyer?  Because, in my opinion, they know it has no merit and are hoping that the letter recipients will panic and fear the implied imminent lawsuit and take their websites, articles, or blogs down.

You state in your letter that if I do not comply with your client’s demands, they will “initiate all appropriate action against me”.  Again, it is vague but threatening and definitely an implied legal threat.  I will tell you right now that I have no intention of complying with your client’s demands and fully intend on reporting on all this and your clients attempts at censorship of free speech.  The last time your client threatened me with the possibility of legal action after refusing to negotiate in good faith, I ended up launching a campaign to inform recipients of your clients letters that if they felt as I did and Getty Images refused to provide proof of claim or negotiate in good faith, they could file complaints with the Attorney General and other agencies.  It appears this resulted in 117 complaints filed with the Attorney General in the 18 months. I tracked it.

Your client’s new letter attempting to remove free speech they do not like has irritated me enough that I am considering starting the campaign up again reaching out to all those you have sent these letters to.  I really do not want to do this, I have better things to do with my time.  I am willing to let everything go and dismiss this if I receive an apology from you, Ms. Bouchara, and your client along with dismissing this claim.  If I receive these apology letters or emails, I will do a follow up article showing your client has withdrawn their claim and apologized.  I truly hope we can end this amicably.


Regards,
 
Greg Troy
GettyImagesMustChange.com
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Jerry Witt (mcfilms) on January 15, 2017, 01:08:34 PM
Greg, your letter is sheer perfection.
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Greg Troy (KeepFighting) on January 16, 2017, 08:08:35 AM
Greg, your letter is sheer perfection.

Thank you Jerry :)
Title: Re: Cabinet Bouchara Avocats/Vanessa Bouchara / Getty Images Censorship-Gag Letters
Post by: Peeved on January 16, 2017, 04:55:19 PM
Greg is a rock...strong and steady.
Glad you got your apology from at least one source Greg.