After being even more educated about all these extortion schemes, I thought it was time to share this. I haven't seen this in any of the commentary about John Deboer here on ELI and Getty, it's secondary companies, and its thug lawyers including the Copyright Cow Patty (sorry couldn't resist) hasn't even resorted to this level shakedown in their settlement demand letters based on unproven accusations and empty threats, but if they have I would like to know. I will be going public about this and some other things soon. I think he royally screwed up. Of course he didn't anticipate on me researching and getting educated.
What I am sharing in this thread is on the very last page after all the usual rhetoric of the run-of-the-mill extortion letter. The typical shakedown rhetoric is scary enough, but this adds an extra flair and saves the best for last. This attorney is from Texas, so he likes to go big, I guess. So he is a Texas-sized asshat with a ten gallon hat to match. I mean no harm or detriment to anyone from Texas or any disrespect to any cowboys who live there
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Here is my first post and story about Deboer letter:
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/my-very-own-deboer-ip-extortion-letter-from-john-m-doboer/Robert, I know you wanted to see the whole letter for review and any of my research you may want to see. Let me know how I can send it to you if you are interested.
Greg, if you would also like a copy of the letter and my research for your review, please let me know.
I had also tried to get in touch with Oscar back in March and April, but he was really busy and on a case. I have already sent things to his office (not sure he ever got himself) and talked with his staff in trying to get on the Defense Letter Program, but no one ever got back with me, and I was never billed-- no harm no foul. I didn't pursue the matter since I haven't heard from Deboer anymore as of the time of this writing. I know from other threads that he (Oscar) has dealt with Deboer in the past. If you think I should try to contact Oscar again or if any of you talk with him on a consistent basis tell him about this thread and/or help me get in touch with him.
So basically in addition to usual threats of the statutory damages, costs of getting a lawyer, costs of litigation, etc, Deboer wants to put a subpoena of all my property for a nice little cherry on top in the event it went to court. Of course, if I didn't pay the settlement (once I reviewed and researched thoroughly and found out it was a scam) or respond (which I did and he never responded back), then...the same ole thing--inevitable/likely litigation. He has a history of subpoenaing the crap out of people. This guy loves a good subpoena! Reminds me of the crap from RIAA, MPAA, and Prenda if you ask me when they did that to people.
http://digitalcommons.law.scu.edu/historical/425/ (against Amazon)
http://www.authoreyez.com/2015/04/512h-dmca-subpoena.html (against Authroeyez an IP blog)
Here is Page 8 of my letter for your viewing pleasure (what I referred to as "threatening language" in addition to the usually threatening language of trolling letters. Name of my company has been removed):
NOTICE TO PRESERVE DOCUMENTS AND DATA
[My Company] is on notice that, without resolving the matter, litigation in civil court is
likely regarding its actions concerning Client’s copyrighted materials. [My Company] is
now obligated and has a duty to preserve all evidence that may be relevant to the
dispute discussed above and that may be the subject of pending litigation. This duty of
preservation extends to, but is not limited to, data files, e-mails, calendars, telephone
logs, access lists, and logs that are located on [My Company] computer networks, e-mail
servers, mainframes, individual computer workstations, and external drives, or are
located on any of those devices within [My Company] control but not owned by [My Company], such as its web host. Specifically, but not exclusively, [My Company] is on notice
that it must preserve all evidence of all its uses of Client’s copyrighted materials.
[My Company] is required by law to suspend any practice, even a normal or routine
practice that might purge, delete, or overwrite any electronic document or other
evidence, including database matter and related structural information, files remnants,
residual and hidden data. This duty extends to [My Company] employees and agents.
We request that [My Company] notify any such employee or agent of this retention
request immediately. This duty also extends to the preservation of replaced
computers, hard drives, and other storage media. If [My Company] backs up its
computer drives, it must preserve the back-up files, as well. This office requests that
[My Company] presently back up and archive any documents, including e-mails and all
[My Company] communications, between [My Company] and all other persons and
entities that relate to Client’s copyrighted materials. It is also requested that [My Company] suspend any act or practice that would cause de-fragmentation, compression, or
reformatting of those hard drives.
Sanctions for violating any of the foregoing duties can be severe and include
substantial monetary sanctions, adverse inferences in evidentiary rulings, and the
entry of judgments by default. It is the hope of this office that this matter be resolved
without unnecessary litigation. The above duties, however, must be satisfied during
any settlement or other discussions that may occur.[/i]
Of course I know I have nothing too worry about. There is nothing to retain as it wasn't used in email or anything, just on the website. All this over one image? Come on now. Of course I have found fatal errors in his case which I won't share in public until my SOL runs out (March 2018). Wouldn't you say that this kind of action is a little extreme based on unproven accusations of willful, flagrant infringement that he can never prove (I can prove that I didn't)? If anything at the most, would be innocent infringement at the worst. I didn't do any of the things he accuses me of without proof in the letter. I could go on, but I'll park it there.
Let me know what you guys think.
Topic: Has any one seen THIS in an extortion letter before? Courtesy of Deboer IP (Read 8706 times)