Going back and forth with Masterfile

[txsurf]

Greetings all!
I had been helping a friend with setting up a simple website. The website was still in the building stage when she received the Masterfile letter claiming that one of the images belonged MF. She has responded twice with my help and now Masterfile is claiming $1,000.00 (down from the original $2430.00) for the image, or if she can prove that it was only on the site for a short time they will settle for $550.00. I don't know how she can prove that, but our last offer to settle was for $200. I have raised most of the arguments with them from these forums. My question is this. Using Mr. Michelen's advice as posted in the "Written Analysis by Attorney Oscar Michelen (September 18, 2009)" we are going to counter offer with the $300.00 amount suggested by Mr. Michelen in his article. Would it be counterproductive to also include that this is the final offer on our part and if it is insufficient to settle the claim that we will have no choice than to seek the counsel of Mr. Michelen? Will this send them off the deep end or should we just make the offer and see how they counter it? Either way if we choose to seek the representation of Mr. Michelen will we need to notify them when we acquire representation or do we just ignore them until legal consul notifies them? They have been trying extra hard with the scare tactics citing several court cases in this matter. If anyone is interested in how this claim has evolved just drop me a note.

[Robert Krausankas (BuddhaPi)]

my question is why go continue to go back and forth? If you're willing to pay them 300.00, why not hire Oscar, and save 100.00??.. you can just tell them your attorney will be in touch, end of story... I'd be willing to bet they didn't  mention the chaga international case they just lost to Oscar.

[txsurf]

Thank you! That is exactly what I was thinking. I just wanted to hear back form someone fimilliar with these claims. No they didn't mention Chaga and I have not mentioned it to them either. I was saving some ammo to see where they were going with all of this.  As a note they have referenced:

Thoroughbred Software Int’l, Inc. v. Dice Corp., 488 F.3d 352, 358-60 (6th Cir. 2007)
http://openjurist.org/488/f3d/352/thoroughbred-software-international-inc-v-dice-corporation-v-1-10
and
MF vs Martin Gale Case
http://ut.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20111004_0000751.DUT.htm/q

[Robert Krausankas (BuddhaPi)]

Thank you! That is exactly what I was thinking. I just wanted to hear back form someone fimilliar with these claims. No they didn't mention Chaga and I have not mentioned it to them either. I was saving some ammo to see where they were going with all of this.  As a note they have referenced:

Thoroughbred Software Int’l, Inc. v. Dice Corp., 488 F.3d 352, 358-60 (6th Cir. 2007)
http://openjurist.org/488/f3d/352/thoroughbred-software-international-inc-v-dice-corporation-v-1-10
and
MF vs Martin Gale Case
http://ut.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20111004_0000751.DUT.htm/q

hilarious!! THOROUGHBRED SOFTWARE INTERNATIONAL case has NOTHING to do with stock images and Masterfile isn't even mentioned in the case! and Martin Gale case may no longer be relevant since the Chaga case outcome ( which may be appealed).

I concur it's always good to hold a few items back and not blow the whole wad at once..

[txsurf]

I did thank them for the fascinating read of the Thoroughbred Software case and in short told them that it had in no way anything to do with their claim. It was all I could do just to hold back from asking them if they had even read it... It was good for a few chuckles though... 

[Robert Krausankas (BuddhaPi)]

I did thank them for the fascinating read of the Thoroughbred Software case and in short told them that it had in no way anything to do with their claim. It was all I could do just to hold back from asking them if they had even read it... It was good for a few chuckles though... 

well if nothing else it appears "you get it" and you seem to understand what you're dealing with here, which is much better than being crippled by fear and intimidation..which most people are. Just this alone gives you great power to fight back..