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Author Topic: It Could Be Fun!  (Read 13788 times)

jjonesphd

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It Could Be Fun!
« on: February 04, 2012, 02:53:16 AM »
Before I found your forum, right, wrong, or indifferent, this was my approach to www.nordicphotos.com extortion attempt, it could be FUN.

To Whom It May Concern:

This email is in reference to your letter to Our Company, LLC and your Customer File Number USA-509888 requesting that Our Company, LLC pay your company (www.nordicphotos.com) 1,250EUO for a photo shown on web site www.OurCompany,LLC.com.

The contention that you put forth in your letter was www.OurCompany,LLC.com had knowingly and willingly set out to use a copyrighted image that you claim you hold the copyright to and by doing so your company, www.nordicphotos.com has been harmed.
 
Never mind that I can purchase the photo on line for under 10.00EUO, never mind that Getty and PicScout  has been depicted over the internet as companies that are propagating a scam on people that have innocently used an image without knowledge that it was copyrighted.

Now I understand that legally, you're well drafted and thought out form letter was a Cease and Desist demand letter, based on the premise that you actually are the rightful copyright holder of the image in question, which remains to be confirmed at this point in time.  Because of the deliberate construction and planning that went into your letter writing campaign to collect money, it qualifies as a Scheme, due to fact that your letter relies heavily on our ignorance of due legal process and the inherent fear of legal conflict as a result of that ignorance, this letter could be considered by many, including a jury, to be legalized extortion.

First, please allow me to be perfectly clear, we do not acknowledge that you are the copyright holder of the image in question until you have proven that claim.  We have however, taken down the image in question until you have proven you are the copyright holder, even though the image in question is not listed on your website. We do not acknowledge your contention that we have damaged your company in anyway or manner. We do not acknowledge your contention that we have knowingly and willingly violated any copyright law, in the U.S.A. or any other country.

Secondly, please allow me to be perfectly clear, any further correspondence from your company other than proof that you are the legal copyright holder of the image in question will be considered harassment and under our state statues can be considered "attempted theft by deception”. Please contact your company’s legal representative and have them contact me so that we can proceed.

You see, it would be a pleasure to have this dispute tried in a court of law in the Mountains of Missouri, which would be the jurisdiction for any legal action concerning this matter. Due to the handpicked few law suits that Getty and PicScout have filed but never followed through with taking the case to trial for a jury verdict, it would be our pleasure to be the first.  You see in the mountains we have a simple way of life, in fact many consider us simple red necks, however, we are blessed with an almost unearthly ability to smell manure when we find it and to call it what it really is, I think a jury of mountain people could smell this for what it is.

It would be ironic for your big city legal team to come to the mountains and lose a legal action that set a precedent for your other cases. I am looking forward to corresponding with your company’s legal representative.

Respectfully,
« Last Edit: February 04, 2012, 09:24:20 AM by jjonesphd »

Robert Krausankas (BuddhaPi)

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Re: It Could Be Fun!
« Reply #1 on: February 04, 2012, 06:57:13 AM »
Good response, please keep us posted, as I'm sure you will get the boiler plate response to this, as it seems to be the MO of the copyright trolls..
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.
Robert Krausankas

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jjonesphd

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Re: It Could Be Fun!
« Reply #2 on: February 04, 2012, 10:38:51 AM »
I will be more than happy to keep you in the loop.  Trust me; I understand the consequences of doing a David and Goliath war or better yet, emulating Don Quixote in his battle with windmills.

You must keep in mind that I come from a long line of red necks and mountain people who have an aversion to being pushed around.  Remember, these people have been fighting with the revenuers for the past 200 hundred years because they think it is their God given right to make whiskey and governments have no business in their business.  I have two heroes from my childhood that are deeply engrained in the old man that I have become today.  I will give you a word of wisdom from each of them.

My father always told me that when your back is against the wall, “Make them think you are crazy and they will leave you alone.”

My other hero was John Wayne who said, “When you have them by the balls, their mind will follow.”

Now I have combined the two over the years to mean, “When they know you are crazy and you have them by the balls, they are much nicer people.”

SoylentGreen

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Re: It Could Be Fun!
« Reply #3 on: February 04, 2012, 11:15:54 AM »
I like it!!
I always wanted to insinuate that I bought the wood-chipper used in the movie "Fargo" on eBay.
You know, the one that can go through a human leg in two minutes.  Fun times.

Then this:
http://rokokoposten.dk/wp-content/uploads/2011/11/Middle-finger.jpg

S.G.




jjonesphd

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Re: It Could Be Fun!
« Reply #4 on: February 04, 2012, 11:32:22 AM »
I happen to love old adages, like the one about a picture and 1000 words; your picture pretty much says it all.  About the wood-chipper, I will be more than happy to sell it to you, I have found more interesting toys....

You might like this one I have enclosed the disclaimer information from the web page which I found interesting.

“Using these Last Great Act of Defiance Images, you can print anything you'd like. Posters, canvases, t-shirts, banners, business cards, iPhone and laptop skins etc ... Our Last Great Act of Defiance designs are submitted by the community. If you use one of these designs, the author will get a commission on the sale.”

http://www.wordans.us/last+great+act+of+defiance+designs 

Jerry Witt (mcfilms)

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Re: It Could Be Fun!
« Reply #5 on: February 04, 2012, 01:57:21 PM »
I love this letter. It will be interesting to see what happens next. I suspect your issue will get shuffled off to the bottom of the pile. No sense taking on the crazy redneck that is ready to go toe to toe. Please do keep us posted.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

Jerry Witt (mcfilms)

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Re: It Could Be Fun!
« Reply #6 on: February 04, 2012, 02:31:56 PM »
And please know that I mean "crazy redneck" with the deepest respect.

;)
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

SoylentGreen

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Re: It Could Be Fun!
« Reply #7 on: February 04, 2012, 05:44:04 PM »
I grew up in a smaller city.  It was a fairly tough area back in the day.
Anyway, we had to go to high school in a larger neighboring city when we became teens.
Let's just say if there was a "dispute", and somebody need some help, your best bet would be people from our town.

I told a family member about my situation when I was getting harassed for money.
The first thing that the family member said was, "Well, when are we going down there?  lol.
Thankfully, I managed to fend it off my opponent without having to decide which bat is better - hardwood or aluminum.

Pool cues are great too, but if you break one, your opponent can use the sharp end as a shank.
Then, the gloves are really off.

S.G.
« Last Edit: February 04, 2012, 05:49:44 PM by Matthew Chan »

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Re: It Could Be Fun!
« Reply #8 on: February 04, 2012, 05:49:33 PM »
You and I will get along fabulously. I am confident that with your understanding, you will be among those that will be left alone. Thank you for "getting it".

My father always told me that when your back is against the wall, “Make them think you are crazy and they will leave you alone.”

My other hero was John Wayne who said, “When you have them by the balls, their mind will follow.”

Now I have combined the two over the years to mean, “When they know you are crazy and you have them by the balls, they are much nicer people.”
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.

jjonesphd

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Re: It Could Be Fun!
« Reply #9 on: February 04, 2012, 05:59:49 PM »
Thank you Matthew, it would be an honor and a pleasure to have a drink with you someday, I could bring the whisky….. Thank you for fighting the good fight, not a lot of people that know how important that is these days.


You and I will get along fabulously. I am confident that with your understanding, you will be among those that will be left alone. Thank you for "getting it".



jjonesphd

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Re: It Could Be Fun!
« Reply #10 on: February 04, 2012, 06:15:58 PM »
Now concerning the crazy redneck, the trick is for me to try and inform the plaintiffs and get them to understand that I am crazy, not stupid and for them to assume that they are one in the same would be a major mistake on their part.  I have more time than money; at least I hope I do, so I can spend more time on this than the legal assistant or even a junior attorney.  If they are using an outside firm, I have the uncanny ability to inundate people with letters and request which I am sure will make the plaintiffs happy with their legal fees.  Then there is my favorite word, interrogatories, did I mention that rednecks do so love to dig down and get to the bottom of things.

It is best summed up with my favorite prayer, “Lord as I prepare to do battle for what I feel is right and just I pray that you will give me wisdom and strength to triumph.  If in your infinite wisdom you feel that my opponent should be victor, would you please let the SOB know that he is in for one hell of a fight.”

I love this letter. It will be interesting to see what happens next. I suspect your issue will get shuffled off to the bottom of the pile. No sense taking on the crazy redneck that is ready to go toe to toe. Please do keep us posted.

No offence taken, I could feel the love…..

Unlike most people that use the phrase, I understand what it really means and if you look up the true definition you will find that the term is used in Canada and the U.S.  I am not talking about the portrait painted by Daniel Lawrence Whitney AKA Larry the Cable Guy.  Rednecks are basically all round good God fearing people that puts their lives in the following order, God, Country and Family.

And please know that I mean "crazy redneck" with the deepest respect.

;)
« Last Edit: February 04, 2012, 06:57:21 PM by Matthew Chan »

jjonesphd

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Re: It Could Be Fun!
« Reply #11 on: February 07, 2012, 02:10:54 PM »
I must admit, I was surprised when I received a reply from www.nordicphotos.com and the reply I had given concerning their Cease and Desist demand letter and invoice in the amount of 1,250EUO, however, I did receive an answer today.

Even more surprising is the fact that their reply was from the person that I had addressed in my letter.  Unlike other reply letters I have seen on the forum, you still owe this amount or threatening more legal action.  The respondent, Heiða, was very short and to the point and she even stated that she was doing what I had requested in my reply,” The case will be forwarded to legal counsel as requested. “

Her reply is attached below.


Dear sir/madam,

Thank you for the reply and information.  The case will be forwarded to legal counsel as requested.

Regards,

Copyright/Keyword
NordicPhotos, Reykjavík

Extortion-Victim-No Longer

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Re: It Could Be Fun!
« Reply #12 on: February 07, 2012, 02:25:30 PM »
Before I found your forum, right, wrong, or indifferent, this was my approach to www.nordicphotos.com extortion attempt, it could be FUN.

To Whom It May Concern:

This email is in reference to your letter to Our Company, LLC and your Customer File Number USA-509888 requesting that Our Company, LLC pay your company (www.nordicphotos.com) 1,250EUO for a photo shown on web site www.OurCompany,LLC.com.

The contention that you put forth in your letter was www.OurCompany,LLC.com had knowingly and willingly set out to use a copyrighted image that you claim you hold the copyright to and by doing so your company, www.nordicphotos.com has been harmed.
 
Never mind that I can purchase the photo on line for under 10.00EUO, never mind that Getty and PicScout  has been depicted over the internet as companies that are propagating a scam on people that have innocently used an image without knowledge that it was copyrighted.

Now I understand that legally, you're well drafted and thought out form letter was a Cease and Desist demand letter, based on the premise that you actually are the rightful copyright holder of the image in question, which remains to be confirmed at this point in time.  Because of the deliberate construction and planning that went into your letter writing campaign to collect money, it qualifies as a Scheme, due to fact that your letter relies heavily on our ignorance of due legal process and the inherent fear of legal conflict as a result of that ignorance, this letter could be considered by many, including a jury, to be legalized extortion.

First, please allow me to be perfectly clear, we do not acknowledge that you are the copyright holder of the image in question until you have proven that claim.  We have however, taken down the image in question until you have proven you are the copyright holder, even though the image in question is not listed on your website. We do not acknowledge your contention that we have damaged your company in anyway or manner. We do not acknowledge your contention that we have knowingly and willingly violated any copyright law, in the U.S.A. or any other country.

Secondly, please allow me to be perfectly clear, any further correspondence from your company other than proof that you are the legal copyright holder of the image in question will be considered harassment and under our state statues can be considered "attempted theft by deception”. Please contact your company’s legal representative and have them contact me so that we can proceed.

You see, it would be a pleasure to have this dispute tried in a court of law in the Mountains of Missouri, which would be the jurisdiction for any legal action concerning this matter. Due to the handpicked few law suits that Getty and PicScout have filed but never followed through with taking the case to trial for a jury verdict, it would be our pleasure to be the first.  You see in the mountains we have a simple way of life, in fact many consider us simple red necks, however, we are blessed with an almost unearthly ability to smell manure when we find it and to call it what it really is, I think a jury of mountain people could smell this for what it is.

It would be ironic for your big city legal team to come to the mountains and lose a legal action that set a precedent for your other cases. I am looking forward to corresponding with your company’s legal representative.

Respectfully,

Keep strong! I love the mountain bit  ;D - Remember for them it is all about scare tactics...
Kim

Robert Krausankas (BuddhaPi)

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Re: It Could Be Fun!
« Reply #13 on: February 07, 2012, 02:26:18 PM »
From the Fjords of Icelands to the Hills of Missouri, Maybe Heidi will come pay you a visit....Don't Trolls originate from over there?

http://en.wikipedia.org/wiki/Trolls

Quite fitting.. :)
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.
Robert Krausankas

I have a few friends around here..

 

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