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Author Topic: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law  (Read 17883 times)

Robert Krausankas (BuddhaPi)

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #15 on: November 14, 2011, 12:43:19 PM »
The 50% in m y opinion is a direct result of "seeding" the images on these wallpaper sites..Clearly if you visit the photographers web-site, there is no options for locensing the images for web use, but you can purchase prints...the 4 x 6 prints sell for $10.00..yup a whopping 10 bucks!, yet they demand upwards of $1200.00 for web images that are much smaller.. What judge would not see this as a business model is beyond me.
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

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SoylentGreen

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #16 on: November 15, 2011, 05:37:56 PM »
Here's something.  Go to the link that "Extortion-Victim-No Longer" provided above.
Download the picture.  Now go to Google, click on "Images", click on the little camera icon next to the search box, click on "upload image", browse to the image that you downloaded and click "open".
Next scroll down to "Pages that include matching images", look at the listed pages.

The photo appears on more than 89 "FREE" wallpaper sites on the first 26 Google search pages alone.

Many will recall that the image in question was the subject of the infamous "Brandon Sand" extortion letter, seeking an astonishing $10,000.
http://www.extortionletterinfo.com/brandon-sand-extortion-web.pdf

I'd say that Hawaiian Art Network and photographer Tylor have a credibility problem.

S.G.

Matthew Chan

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #17 on: November 15, 2011, 07:03:08 PM »
SG,

I am not even going to get into this now except to say, what an understatement about the credibility issue.

Matthew
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

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #18 on: November 16, 2011, 07:47:37 AM »
I received a DMCA complaint on this thread. My best guess is that Julie Stewart did not like us posting her email to us and she is now claiming copyright infringement over her email. I have challenged this DMCA complaint and my rebuttal will be in a separate post.

I also requested a copy of the actual complaint that eapps was compelled to follow through on. For the record, I am entitled to see the actual complaint from the original complainant. They cannot simply make a complaint and hide behind the hosting provider's notice.

Matthew

========================

To Whom It May Concern:

We have received notice of a complaint of Digital Millennium Copyright Act (DMCA) violation under 17 USC § 512(c)(3)(A), regarding material hosted on your account. The infringing material can be found at:

http://www.extortionletterinfo.com/forum/index.php/topic,2346.0.html

Please remove the infringing content and respond to us confirming that this action has been accomplished. The disputed material must be removed as swiftly as possible. Please note that if the disputed material is not removed within 48 hours, we reserve the right to suspend your site to conform with the requirements of the DMCA.

If you feel that this complaint was made as a result of a mistake or of a misidentification of the disputed material, please send us a written counter notification within fourteen (14) days. A valid counter notification must substantially contain the following (as required per 17 USC § 512(g)(3)):

(A). A physical or electronic signature of the subscriber
(B). Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C). A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D). The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c) (2) (C) or an agent of such person.

Any counter notifications should be addressed to:

Legal Department
eApps Hosting
7742 Spalding Drive
Suite 363
Norcross, Georgia, USA 30092

If you have any questions or concerns regarding this complaint, please let us know.

Regards,

eApps Hosting

=========================

>> Original Complaint filed to eApps <<
==============================

Hello,

Pursuant to the Digital Millennium Copyright Act, I am requesting the
removal of the following infringing document/s hosted on your server:

http://www.extortionletterinfo.com/forum/index.php/topic,2346.0.html

The document is an infringement of a copyrighted work of authorship as
defined in Title 17 of the Copyright statute.

I have a good faith belief that use of the material on the above mentioned
website is not authorized by the copyright owner.

The information in this notification is accurate, and is made under penalty
of perjury. I am the owner of the exclusive right that is allegedly
infringed.


Julie Stewart
Lawyer, Blackline Art + Entertainment Law
T: 1-(416)-628-8364
F: 1-(416)-628-8364
www.blacklinelaw.ca

This e-mail message and any attachments may be privileged, confidential
and subject to copyright. Any unauthorized review, copying, transmittal,
use or disclosure is prohibited. If you are not the intended recipient you
have received this message in error. Please immediately notify us by reply
or collect telephone call to 1-(416)-628-8364 and destroy this message and
any attachments.

« Last Edit: November 16, 2011, 04:05:01 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.

denise1

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #19 on: November 16, 2011, 09:39:40 AM »
I received a DMCA complaint on this thread. My best guess is that Julie Stewart did not like us posting her email to us and she is now claiming copyright infringement over her email. I have challenged this DMCA complaint and my rebuttal will be in a separate post.

what? emails has copyright too?  Are they serious?  ROFL

Jerry Witt (mcfilms)

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #20 on: November 16, 2011, 01:13:25 PM »
I think it might be worth bringing this to the attention of the Electronic Frontier Foundation (https://www.eff.org/), their mission is to stop online censorship and these bogus DMCA claims are precisely that.
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.

Oscar Michelen

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #21 on: November 16, 2011, 03:51:58 PM »
Matt: An EFF complaint might be a good idea relating to these attorneys that are complaining about us posting things they have written and put on their own LinkedIn sites.  
« Last Edit: November 16, 2011, 10:58:15 PM by Matthew Chan »

Matthew Chan

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #22 on: November 16, 2011, 04:04:27 PM »
This is the original complaint I made to eApps. I made a formal request to get the original complaint.

===================

Hello,

Pursuant to the Digital Millennium Copyright Act, I am requesting the
removal of the following infringing document/s hosted on your server:

http://www.extortionletterinfo.com/forum/index.php/topic,2346.0.html

The document is an infringement of a copyrighted work of authorship as
defined in Title 17 of the Copyright statute.

I have a good faith belief that use of the material on the above mentioned
website is not authorized by the copyright owner.

The information in this notification is accurate, and is made under penalty
of perjury. I am the owner of the exclusive right that is allegedly
infringed.

Julie Stewart
Lawyer, Blackline Art + Entertainment Law
T: 1-(416)-628-8364
F: 1-(416)-628-8364
www.blacklinelaw.ca

This e-mail message and any attachments may be privileged, confidential
and subject to copyright. Any unauthorized review, copying, transmittal,
use or disclosure is prohibited. If you are not the intended recipient you
have received this message in error. Please immediately notify us by reply
or collect telephone call to 1-(416)-628-8364 and destroy this message and
any attachments.
« Last Edit: November 16, 2011, 10:57:52 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.

Jerry Witt (mcfilms)

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #23 on: November 16, 2011, 04:42:36 PM »
Wow, that letter is almost a carbon copy of the Brandon Sands letter. Interesting.

I wonder how long it will be until you get a take-down notice to take down the take-down notice? Do you think they will try and claim that is copyright?

It's remarkable that Brandon Sands and Julie Stewart are so surprised to see their redacted letters shared on a site that discusses the tactics used by the "Extortion Letter" Industry (please note the quotes-- call it what you want). Perhaps they just got so used to people rolling over and cutting a check for the Demand amount, they never expected any push-back. Surprise!
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.

Matthew Chan

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #24 on: November 16, 2011, 06:15:45 PM »
I am withholding my full opinion and analysis at this time because this bus is still moving at 100mph and I need to stay focused on the highest priority items.  When it all settles down, I WILL be sharing my personal opinion of these folks and analyze what they have done to themselves.

Let's just say they appear to be very inexperienced in the ways of the world and just because you are a lawyer does not mean you are beyond reproach or cannot receive a real challenge from non-lawyers.

They continue to embarrass themselves. To think this all started out with a couple of buried posts that no one barely read...  Amazing.
« Last Edit: November 16, 2011, 07:53:00 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.

Robert Krausankas (BuddhaPi)

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #25 on: November 16, 2011, 06:52:16 PM »
SG strikes again!
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..

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #26 on: November 16, 2011, 07:45:29 PM »
SOYLENT GREEN IS PEOPLE! SOYLENT GREEN IS PEOPLE! lol..

Spread the word! YOU GO MATTHEW!


Kudos to all!
« Last Edit: November 16, 2011, 07:47:39 PM by Peeved »

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #27 on: November 16, 2011, 10:45:55 PM »
You guys rock!
(I"m also surprised that Julie only requested a cease and desist and didn't demand compensation as well.  ;))

Robert Krausankas (BuddhaPi)

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Re: ELI Contacted by Canadian Attorney Julie Stewart of Blackline Law
« Reply #28 on: November 17, 2011, 02:40:01 PM »
Just spent a good amount of time at chillingeffects.org, whom work in conjunction with EFF.
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..

 

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