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Author Topic: Getty filed a lawsuit against me  (Read 13084 times)

rlocke

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Re: Getty filed a lawsuit against me
« Reply #15 on: January 23, 2014, 04:22:32 PM »
Once the matter is resolved, I think I will be able to post more details. I don't want to post or say too much while the case is still open.

lucia

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Re: Getty filed a lawsuit against me
« Reply #16 on: January 23, 2014, 05:32:43 PM »
That makes sense. It's best for you to be relatively quite. I am hoping Robert shows us documents from Pacer, but 'in the fullness of time' would be fine with me!

Robert Krausankas (BuddhaPi)

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Re: Getty filed a lawsuit against me
« Reply #17 on: January 23, 2014, 06:17:45 PM »
That makes sense. It's best for you to be relatively quite. I am hoping Robert shows us documents from Pacer, but 'in the fullness of time' would be fine with me!

Greg will be posting the documents at some point in the near future..
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.
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Greg Troy (KeepFighting)

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Re: Getty filed a lawsuit against me
« Reply #18 on: January 23, 2014, 08:58:26 PM »
I will be posting the docs along with some commentary on Saturday.
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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Oscar Michelen

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Re: Getty filed a lawsuit against me
« Reply #19 on: February 01, 2014, 04:23:18 PM »
Rlocke - I have been helping out several defendants in these lawsuits - you can email me to discuss at omichelen@cuomollc.com

Matthew Chan

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Re: Getty filed a lawsuit against me
« Reply #20 on: February 02, 2014, 03:01:49 PM »
In http://dockets.justia.com, I now see a total of 5 new Getty Images lawsuits.  There may be more that have not yet been posted.
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.

scraggy

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Re: Getty filed a lawsuit against me
« Reply #21 on: February 08, 2014, 11:49:19 AM »
In my opinion, this is a huge and unnecessary risk for Getty Images. If they lose in court, or even if they win a small amount, that removes the fear factor so vital for the success of their settlement demand letters.
And it's quite possible that they will lose ( see the Advernet verdict ) or receive a very low symbolic amount.

However, it's always going to be cheaper for the victim to pay up, rather than put up a defense. Lawyer's fees are higher than the cost of a settlement.

I think that the anti copyright troll lobby against Getty Images with ELI at the helm, has put a huge dent in their money making enterprise, and Getty needs a change in tactics, to increase the fear level in letter recipients.

Ian

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Re: Getty filed a lawsuit against me
« Reply #22 on: February 08, 2014, 10:05:34 PM »
I'm not so sure.  Assume they get it in the court system, then offer to settle for a very low amount ($100 . . . $1 . . . whatever), with a confidentiality agreement attached to the settlement ... how would something like the following look?

" . . . single unregistered image  . . . infringement lawsuit . . . settled today for an undisclosed amount . . . side note: copyright law carries penalties up to $250,000 per infringement and 10 years in prison . . .  blah blah blah . . . more scary stuff here . . ."

I might guess that something like that gets them everything they are looking for with this . . .

In my opinion, this is a huge and unnecessary risk for Getty Images. If they lose in court, or even if they win a small amount, that removes the fear factor so vital for the success of their settlement demand letters.
And it's quite possible that they will lose ( see the Advernet verdict ) or receive a very low symbolic amount.

However, it's always going to be cheaper for the victim to pay up, rather than put up a defense. Lawyer's fees are higher than the cost of a settlement.

I think that the anti copyright troll lobby against Getty Images with ELI at the helm, has put a huge dent in their money making enterprise, and Getty needs a change in tactics, to increase the fear level in letter recipients.

Ian

Greg Troy (KeepFighting)

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Re: Getty filed a lawsuit against me
« Reply #23 on: February 08, 2014, 11:03:50 PM »
IF they do very many of these settlements you can make the case that Getty is using the federal court as a collection agency and the courts will not like that in my opinion.

If they take these cases to court they run the risk of the court becoming angry with Getty for wasting their time if they are small dollar amount cases.

Getty is walking a fine line here and they certainly don't want the courts seeing the type of information any good lawyer will ask for through the discovery process.  The more I look at this to me it looks like a loose loose prospect for Getty but that's just my opinion. :)
 
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: Getty filed a lawsuit against me
« Reply #24 on: February 09, 2014, 07:55:03 AM »
I just don't know.  If the parties agree to something among themselves, and the plaintiff agrees to drop the case as a part of that, is the judge even privy to the settlement amount details?  As far as settling "too many" their cases offline with the other party before judgment, I always thought that was quite common and actually encouraged by the court.

But really I'm not entirely sure how that works.

IF they do very many of these settlements you can make the case that Getty is using the federal court as a collection agency and the courts will not like that in my opinion.

If they take these cases to court they run the risk of the court becoming angry with Getty for wasting their time if they are small dollar amount cases.

Getty is walking a fine line here and they certainly don't want the courts seeing the type of information any good lawyer will ask for through the discovery process.  The more I look at this to me it looks like a loose loose prospect for Getty but that's just my opinion. :)
 

Greg Troy (KeepFighting)

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Re: Getty filed a lawsuit against me
« Reply #25 on: February 09, 2014, 08:13:09 AM »
I agree that what we are seeing now is not "too many" but these cookie cutter lawsuits strike me very much of the crap that Prenda tried.  If Getty expands their business model to include cheap cookie cutter lawsuits the courts may start to take notice.  If the courts ever look up to see who and what Getty is they are certainly going to see as much if not more negative trolling information as positive.  Anyway, it's still way too early to tell yet.

Getty Images the worlds largest supplier of $875.00 photos of sprinklerheads. :)

I just don't know.  If the parties agree to something among themselves, and the plaintiff agrees to drop the case as a part of that, is the judge even privy to the settlement amount details?  As far as settling "too many" their cases offline with the other party before judgment, I always thought that was quite common and actually encouraged by the court.

But really I'm not entirely sure how that works.

IF they do very many of these settlements you can make the case that Getty is using the federal court as a collection agency and the courts will not like that in my opinion.

If they take these cases to court they run the risk of the court becoming angry with Getty for wasting their time if they are small dollar amount cases.

Getty is walking a fine line here and they certainly don't want the courts seeing the type of information any good lawyer will ask for through the discovery process.  The more I look at this to me it looks like a loose loose prospect for Getty but that's just my opinion. :)
 
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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