Getty Settlement Purposes Only Letter - 3rd Letter

[bondnj]

Received responses today from the Seattle BBB that an official complaint has been filed. Also received a response back from Washington AG that also registered the complaint. It also included a standard response letter from Getty Images which included a note in which they state the following. "The Complainant characterizes our attempts to settle our copyright infringement claims as "extortion". However, our communications with them do not in any way constitute "wrongful threats" within the meaning of extortion statutes. On the contrary, a demand for payment in satisfaction of a legal claim is not wrongful conduct". No word just yet from the lawyer but when I do receive, the Association letters will go out. Onward!!

[Greg Troy (KeepFighting)]

This is where I strongly disagree with them.  It would not meet the definition of extortion if

1) The amount requested were reasonable

2) Proof of their claim were provided if not in the original letter then when requested.

3) Threats of legal escalation were not included with every letter especially when the recipient is trying in good faith to negotiate with them.

Sorry, to me this DOES meet the definition of extortion albeit legalized extortion.

Received responses today from the Seattle BBB that an official complaint has been filed. Also received a response back from Washington AG that also registered the complaint. It also included a standard response letter from Getty Images which included a note in which they state the following. "The Complainant characterizes our attempts to settle our copyright infringement claims as "extortion". However, our communications with them do not in any way constitute "wrongful threats" within the meaning of extortion statutes. On the contrary, a demand for payment in satisfaction of a legal claim is not wrongful conduct". No word just yet from the lawyer but when I do receive, the Association letters will go out. Onward!!

[stinger]

That is soooooo true, Greg.

[bondnj]

All excellent points Greg!

[Greg Troy (KeepFighting)]

Thank you Stinger and bondnj. In this is the whole premise behind my complaint letter campaign as it is my opinion that what Getty and the other stock photo companies are doing does meet the definition of extortion. I also feel that there letters meet the definition under Dakotah, Inc. v. Tomelleri, 1998 DSD 33 where the judge in his opinion gave the following warning to Tomelleri and his lawyer.

“On July 14, 1997, the president of Dakotah received a cease and desist letter from Tomelleri's Kansas attorney, which alleged that Dakotah was selling decorative pillows that infringed copyrights owned by Tomelerri and licensed to Stranger Creek. The letter also stated that Dakotah was subject to injunctive relief, damages and criminal prosecution. This Court must be very careful to treat all attorneys with courtesy and not launch missiles. The Court, however, finds a portion of the letter from the Kansas attorney to be frankly disturbing. No person, especially an attorney, should be even mentioning a possible criminal prosecution in an attempt to collect money in a civil dispute. Extortion is theft by threat if a person obtains property of another by threatening to accuse anyone of a criminal offense. This is not only the common law but is a statute in South Dakota. See SDCL 22-30A-4(2). It is also a specific grounds for disbarment in South Dakota.�

[Oscar Michelen]

Also, if you repeatedly threaten civil lawsuits seeking sanctions etc, but never file them (and had no intention of filing them when you made the initial demand) then how sincere and reasonable are your demands? 

[Greg Troy (KeepFighting)]

Agreed, all these things they are doing in my opinion meet the definition of extortion, the artificial deadlines, failure to provide proof when requested to continue negotiations, threats of lawsuits.  If they would adopt a new plan like that of Glen Carner people would leave them alone.  Notice how he got hammered came around and asked questions then changed his ways and the last things said about him have been good job.

[bondnj]

I received a letter from the Seattle BBB today with the same form letter response from Getty that they sent to the Washington AG. BBB is asking if I am satisfied with the response and I am in the process of crafting my response as I have a case number and will respond via email highlighting the many good points about extortion. Stay tuned......

[Greg Troy (KeepFighting)]

Great work bondnj!  Keep it up!

[Oscar Michelen]

I would also add this definition of "Extortion" from the Wiki page on the subject:

The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences.

I myself have often longed to act metaphorically and this site has given me that ability. Thank you ELI! 

[Greg Troy (KeepFighting)]

I'll second that!

I would also add this definition of "Extortion" from the Wiki page on the subject:

The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences.

I myself have often longed to act metaphorically and this site has given me that ability. Thank you ELI!

[bondnj]

Received two responses last week- the first is from BBB asking if I was satisfied with Getty's response. I replied no for the reasons previously noted (lack of proof, documentation etc..) they have now considered the matter closed but have noted that I was not satisfied with the response and it is now part of a permanent record. The second response was from the WA Attorney General in which McCormack provides a response to the complaint and attaches a web page photo from my website from 3 years ago (subsequently taken down last year) and reiterates that there is no extortion and restates their basic claim about copyright infringement. A new McCormack para legal (Kate) has now taken the lead but the script is the same. Interesting but nothing from the Seattle Chamber of Commerce as of yet. For now powder is still dry for the Bar associations and the press. Will advise as to what happens next...stay tuned....

[Greg Troy (KeepFighting)]

Would you be willing to share your complaint letters with me and the responses.  If you prefer I will redact personal information but I keep track of these type of complaints.  If so my email address is gregtroy@yeahwedothat.biz.

Thank you and again, great job!

Received two responses last week- the first is from BBB asking if I was satisfied with Getty's response. I replied no for the reasons previously noted (lack of proof, documentation etc..) they have now considered the matter closed but have noted that I was not satisfied with the response and it is now part of a permanent record. The second response was from the WA Attorney General in which McCormack provides a response to the complaint and attaches a web page photo from my website from 3 years ago (subsequently taken down last year) and reiterates that there is no extortion and restates their basic claim about copyright infringement. A new McCormack para legal (Kate) has now taken the lead but the script is the same. Interesting but nothing from the Seattle Chamber of Commerce as of yet. For now powder is still dry for the Bar associations and the press. Will advise as to what happens next...stay tuned....

[bondnj]

Greg,
I'll try and get the docs scanned this week and forward to you. Appreciate the follow up!

[bondnj]

Greg,
Check your email for docs! :')