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Author Topic: Extortionist  (Read 17429 times)

cmeskee

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Extortionist
« on: August 24, 2012, 06:03:25 PM »
I followed a link to this site out of curiosity.  After reading a bunch of different posts, I've seen probably 19/20 admitted thiefs (1 person sounded legitimately accused incorrectly) upset at a company that apparently has a small army of people looking for illegal usage of their images that have been caught, received a letter saying, "you owe us royalties for the image you stole" who are now complaining that it's extortion.

It looks like the site was created by lawyers?  Assuming you're all trying to fan the flames in order to reach some sort of class action lawsuit at the wording of their "extortion" letter you've received, when you got caught stealing their images?

Someone mind explaining?  It's not extortion if you admit to having stolen the image they sell...

Matthew Chan

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Re: Extortionist
« Reply #1 on: August 24, 2012, 06:41:09 PM »
Hello Big Brave Guy (cmeskee),

Unlike you, I sign my name to my posts, articles, and statements. I have done so since the beginnings of this website. I also put my face and reputation behind this website.  I am a publisher, author, blogger, website developer, and broadcaster.  That means I am a content creator and producer. I created this website and I am NOT an attorney but my lead partner is an attorney.

My lead partner in this forum is New York Attorney Oscar Michelen. He is a highly-regarded attorney in the New York area and his profile has only grown since then. We have worked together on this ELI website project for over 4 years now.

If you think coming here anonymously calling the entire ELI Community "thieves" will engender a lot of insightful answers, you might want to think again. It might make you feel good ducking in here with a mask on and calling out names but most of us are rolling our eyes at you.

If you need free explanations, go do more reading.  It won't be handed to you on a silver platter. Or you can pay me for an ELI Support Call and I can explain it to you.

And yes, what Getty and others of their ilk is considered "legalized extortion". I used that term from the beginning and it so happens many others including Oscar Michelen agree it.

In fact, ELI now discuss various types of "copyright extortionists" and we will continue to use that term.  For the record, we regard most of the letters we see as "extortion letters" and "shakedown letters".

How is that for a reply?
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.

SoylentGreen

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Re: Extortionist
« Reply #2 on: August 24, 2012, 07:31:13 PM »
cemskee,

You seem passionate about this.  Was some of your content used without permission?
People here do respect the rights of copyright holders.  One regular contributor has had her blog "copied", and she's received a lot of support here.

Additionally, there are many people here including myself that do license the images they use, and are happy to support talented artists.

If you have a personal story, we'd probably be interested.

S.G.


lucia

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Re: Extortionist
« Reply #3 on: August 24, 2012, 09:01:40 PM »
(1 person sounded legitimately accused incorrectly)
Oh? Whose that? Getty sent me a letter for hotlinking which the court have ruled is nota copyright violation. They've sent letters to other for the same thing. And others have been sent letters for images they licensed-- just not through getty. Photographers sometimes have licensed before submitting to getty and the "system" isn't so hot at determining this.

upset at a company that apparently has a small army of people looking for illegal usage of their images that have been caught, received a letter saying, "you owe us royalties for the image you stole" who are now complaining that it's extortion.
Small army of people?  I'm pretty upset that I'm seeing what appears to be a constant swarms of image scrapers and bots visiting my site downloading images at rates people couldn't possibly attempt and causing my site to crash.

 
It's not extortion if you admit to having stolen the image they sell...
It sure can be if the amount demanded is ridiculous and the scare tactics are used to convince people to fork over outrageous amounts.

Copyright is important and people who use copyrighted materials should get permission. But sending outrageous demands for 100X the legitimate fee  accompanied by threats of jail time can certainly be extortion.

cmeskee

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Re: Extortionist
« Reply #4 on: August 24, 2012, 09:24:37 PM »
Mr. Chenn, glad to get a rise out of you - just like the name of your Website I'm sure gets a rise out of companies like Getty Images, I'm glad I got a rise out of you.  Everything from your Website name to your apparent defense of thievery is offensive to me, so I don't mind if you found my argument in favor of paying for products instead of stealing them offensive.  Our society has become too entitlement-driven, litigous, and lacking in personal accountability for one's actions and if you're defending the average person who has posted on this forum (who readily admit to having stolen an image from Getting images), then I believe you support thievery, which makes little sense to me, being a person that believes thievery to be a bad thing (weird, I know).

Regarding the infamous "extortionist" form letters, I read up on what the general complaint is and I find it funny that folks are so up in arms about a computer application that seems to be pretty smart and has in many cases searched for and located thieves who stole images from a company.  Computer apps are only as perfect as we are, their human creators.  This app is going out and doing optical character recognition on entire images and if that image is deemed (likely based upon some % threshold matching algorithm) a Getting Images-owned image, then they search the Getty Images licensing database for a corresponding license agreement between the owner and Getty Images.  If none exists, the app sends a form letter to the owner of the domain informing them of the copyright infringement.  They actually go a step further by showing the image and the the retail price of the image, both of which seem like nice things to display to the potential offender to me.

In most cases, it appears the algorithm used and the verbiage in the form letter is correct.  In those cases where the algorithm incorrectly identifies thievery, unless it's a large, gross violation, it sounds like Getty's doing nothing besides letting the app send more form letters, even though they likely could sue for the damages from the person or company that stole their image.  In those cases where a human replies back and contests the issue, it sounds like they're dropping the issue.  I don't know how many of these auto-letters they're sending or how many responses they get back, but it sounds like there is very little human intervention from Getty's side. They're simply trying to capture revenue lost to thievery, as any reasonable person would expect them to do.

Anyways, you're right, I'm just a schmoe who read a Bloomberg article and found a link to your site and who believes your claim that Getty Images is "extorting" people ludicrous (and effort in creating an entire domain and community to slander them).  I'm willing to be proven wrong and I've read cases on these forums where extenuating circumstances caused by a 3rd party not telling a person that the images they said they could use were stolen from Getty Images, or that documentation didn't show the right owner desipite a legal license agrement and therefore set off a trigger for the form letter.  For those scenarios, I hope folks are able to come to a reasonable resolution with Getty, which given my past dealings with the company, I have no doubt they will.  For those scenarios (which appear to be more often than not) where someone is complaining about the price of a Getty Images image as the justification for why they stole the image, I have no sympathy - they're a thief and deserve the label, regardless of your defense of them or not.

About your personal attacks regarding my login - it wasn't any particular attempt to "hide my identity", but I do appreciate it when I'm able to make folks resort to personal attacks - it usually means your argument is weak, so you have to resort to personal attacks.  My name is Matt Gibbs.  I'm from Portland Oregon and I work in IT - nice to meet you.  Like I said, I interned with Getty 11 years ago as a college project, I have followed the company's progress ever since and kept in touch with my old contacts there (who still work there) and still have favorable views about the company's methods, business dealings and interactions with the public.

A little that I know about Getty Images again, just in case you're wondering why I'd defend them.  I know that they employ over 10,000 photographers worldwide.  For every 100 images that Getty pays those photographers to take, Getty is able to turn 1 into a stock image which they can sell on their Website.  That means, it's very costly to them to obtain the images they sell.  Furthermore, I know that Getty Images has some of the most complex data centers and database mirroring in the world (IT geek stuff, you don't have to follow, but know they do it in a very large scale and very well (5 9's up-time for example)), all to handle the largest digital stock photography database in the world.  It's not cheap to pay for all of those data centers, hardware, and support staff.

So, I don't hold a grudge against them for their pricing.  I've actually had opportunity to advocate purchasing Getty Images with my employer and I readily did it.  They're a good company, they have a good product, they conduct themselves in a reasonable manner without exploiting labor or destroying our earth and they deserve to make a reasonable profit.  I don't feel stealing from them is okay and I don't believe they're doing anything wrong in utilizing a software application that helps them to locate thieves and attempts to collect from thieves.  If that application has incorrectly identified honest individuals, I hope they are able to easily come to a resolution with the company, which I'm sure they will because it's a reasonable company.


Matthew Chan

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Re: Extortionist
« Reply #6 on: August 24, 2012, 10:13:53 PM »
Matt Gibbs,

Ok, you got me.  I support thievery. 

Why would anyone feel the need to prove you wrong?  In fact, I don't even have the thought of proving myself "right".

I just find it amusing how you think you might come into the ELI Forums and mount any kind of cooperation or goodwill "demanding" people to explain themselves of their "thievery".

I could ask you the questions:  "How does your mother feel that you turned out to be an idiot?"  or "How does it feel being a wife-beater?"

Get the point?

Last thing, Peeved found some interesting articles about a "Matt Gibbs".  Is that you?

It seems that this Matt Gibbs thinks that the judge overreacted or perhaps overstepped their boundaries?  To the rest of us on the ELI Forums, it sounds like Matt "deserved" the increased fine for being disrespectful to the court and judge despite the fact that the penalty might have exceeded the "crime"?

There appears to be some humorous irony in all this.
« Last Edit: August 25, 2012, 01:56:50 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.

Greg Troy (KeepFighting)

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Re: Extortionist
« Reply #7 on: August 25, 2012, 01:13:35 AM »
Well Mr. Gibbs, I find it interesting that you can come to Eli and read a few articles and determine everyone is a thief. With that astounding sense of observation and keen intellect I see how you can just take a glance at something and just like Sherlock Holmes know exactly what is going on. So there is not much more point in proclaiming my innocence and I may as well confess here and now.

I admit I went to a website owned by an individual, this individual had many picture galleries including one labeled public. When this public gallery folder was opened every image in it had the owner of the website's name along with a title for the picture. I admit I downloaded this picture labeled as belonging to the owner of the website and offered in a free public directory and used it. I then receive an extortion settlement demand letter from Getty saying I have stolen and used their image and am guilty of copyright infringement. Thinking that this great benevolent company spreading sunshine lollipops and kittens throughout the world you interned for know it is Getty has read and understands copyright law and what a de minimis infringement is I sent them a letter along with screen captures of where the image was obtained thinking that would be the end of it. Getty says that it does not matter where or how the image was obtained I am guilty and must pay $875. I do not agree with this but state I am willing to negotiate and ask for simple proof of claim since I'm being presented with an invoice and of course Getty refuses and states that they will only provide proof when they sue me. Great customer relations by the way. I then have my lawyer sent a letter stating we require proof and if a confidentiality agreement is needed to obtain the proof we would both be willing to sign one to which we receive a reply stating it takes too much time and cost too much money to send you the proof will only give it to you when we sue you.

Seeing Getty has such a wonderful track record like the Getty v Advernet case where they won by default for 35 images of allegedly infringed yet the judge ruled they would receive absolutely nothing because of issues with every single image they did not have the right to any monetary damages. How about Gettys $12 million class-action lawsuit in Israel for collecting on images they don't have rights to collect on?

Every time it is brought to Getty's attention along with proof that any infringement that occurred was innocent and nonwillful Getty states it does not matter how the image was obtained you must pay. Interestingly enough in the current case of Rock Photo v Getty where Rock Photo is suing Getty for copyright infringement of its images Getty is telling the court that if any infringement occurred it was innocent and nonwillful and as such should not have to pay. A little hypocritical? Maybe just a touch.

How about the fact that the company known as Getty which is so pure and wholesome that it makes the 99.9% pure ivory soap bar look like dirty snow alongside the road flat out bald-faced lies to the Atty. Gen., Better Business Bureau and other agencies. When I have filed complaints against Getty with these agencies including copies of all correspondence, screen captures are in evidence Getty replies that I have admitted gleaning the image a Google type Internet search which is line number one since they have proof that I provided of where the image was obtained. Next they state that they could not provide me with the proof I requested due to confidentiality agreements between themselves and their artists. Line number two as they have a copy of a letter from my lawyer stating we would sign a confidentiality agreement of our own to obtain the proof requested to continue negotiation to which I get the lame assed excuse that it takes too much time to click the print button and too much money to stick a stamp on an envelope and send it to me.

Also remember me mentioning the screen captures of where I got the image? Those were sent to Getty in in the screen captures was the web address going right to the pictures. So Getty immediately put a stop to the spread of this image being claimed to be owned by someone else and offer for free in a public art gallery right? You would think so but you would be wrong. The image was still there the last time I checked so I can only conclude Getty likes this since it helps their new business model and generates lots of revenue from those gullible enough to pay. I believe in copyright law as well as protecting the rights of artists but this is not what Getty is doing and if you are too blind to see that then you drank deeply from the corporate Kool-Aid during your time there and there is no hope of reasoning with you.

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.

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Re: Extortionist
« Reply #8 on: August 25, 2012, 01:22:41 AM »
Also I think I will start referring to Matt Gibbs as Gettyboy as he reminds me of someone else who stopped in to spread sunshine for a while over in the Linda Ellis forum :D
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.

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Lettered

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Re: Extortionist
« Reply #9 on: August 25, 2012, 07:09:10 AM »
. . .  I'm willing to be proven wrong and I've read cases on these forums where extenuating circumstances caused by a 3rd party not telling a person that the images they said they could use were stolen from Getty Images, or that documentation didn't show the right owner desipite a legal license agrement and therefore set off a trigger for the form letter.  For those scenarios, I hope folks are able to come to a reasonable resolution with Getty, which given my past dealings with the company, I have no doubt they will.  . . .

Actually I believe that most of us here fall into the innocent infringer category.  In my case (which I believe is probably very (if not most) common here), a third party designed my website using unlicensed copyrighted images unbeknownst to me.  Many others here bought a template in good faith from a template company that contained unlicensed copyrighted images within the template design.

The biggest gripe here in this forum regarding Getty is, as far as I can tell, that they are asking for waaay too much for innocent infringement.  We mostly believe that Getty is trying, in a high pressure way, to extract more from innocent infringer that the law allows for innocent infringement.  I think that most of us would be more than willing to send Getty a check for the fair market value (which is what the law allows for in unregistered infringement cases) of the image  in question and be done with the issue.

I'm willing to be proven wrong as well.  Matt, can I suggest the following forum poll (or something similar)?

Maybe we could ask everyone which category they fall into?

1) I am the victim of third party web designer
2) I am the victim of a template company
3) I sincerely thought the image was in the public domain
4) I copy and display images without paying because I think the image companies charge too much
5) I copy and display images without paying just because I want them for free, even if the price seems fair
« Last Edit: August 25, 2012, 11:33:31 AM by Lettered »

lucia

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Re: Extortionist
« Reply #10 on: August 25, 2012, 07:42:08 AM »
Lettered you missed 6: I received a letter for hotlinking which the courts have decreed is not infringing at all.

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Re: Extortionist
« Reply #11 on: August 25, 2012, 08:44:31 AM »
Lettered you missed 6: I received a letter for hotlinking which the courts have decreed is not infringing at all.

and number 7: I have in my possession a valid license, but Getty images still want to extort me for money.

I'm not wasting any more time with this poster, it is very clear to me that he is completely ignorant of the issues at hand.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

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SoylentGreen

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Re: Extortionist
« Reply #12 on: August 25, 2012, 12:03:14 PM »
Well, it looks like GettyGuy has left us.
When I heard that this person was a former Getty intern, my interest was certainly piqued.

I don't think that this is about a former intern intern defending Getty's honor.
When I read "thief" and "stolen", I know that it's "personal".

It's always about the money, and how the market for images has crashed.
Neither has anything to do with ELI.  But, I did want to hear the whole story.

S.G.


Moe Hacken

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Re: Extortionist
« Reply #13 on: August 25, 2012, 01:06:04 PM »
Looks like Gettyboy spent too much time at the Kool-Aid bottle while he worked at Getty, and way too little time reading this forum and the legal nuances being discussed. I wonder if he's considering getting into the trolling action himself.

Thanks for detailing Getty's outdated business model and why they're so incredibly overpriced and increasingly irrelevant. We couldn't agree more on that. To be honest, we were largely aware of it.

You did forget to mention the copyright trolling that's necessary to keep Getty afloat in spite of their bloated operational costs.
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Greg Troy (KeepFighting)

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Re: Extortionist
« Reply #14 on: August 25, 2012, 02:20:17 PM »
I agree SG and hope that Gettyboy decides to stick around for some mutual Q&A. I think you will find if he simply asks his questions most here would be willing to provide answers. I think it could be enlightening on both ends as it was when uncle Glenn was here for a while. It will be interesting to see if he has the the guts to come back and talk. I would be very interested in speaking with anyone who has actually worked with and/or for Getty.

Well, it looks like GettyGuy has left us.
When I heard that this person was a former Getty intern, my interest was certainly piqued.

I don't think that this is about a former intern intern defending Getty's honor.
When I read "thief" and "stolen", I know that it's "personal".

It's always about the money, and how the market for images has crashed.
Neither has anything to do with ELI.  But, I did want to hear the whole story.

S.G.
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

 

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