ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: Matthew Chan on April 10, 2012, 05:28:13 AM
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Normally, I wouldn't post this information in this forum that is focused on stock photo extortion letters and stock photo copyright trolls. It would normally be in the P2P/Bittorrent Lawsuits Forum.
However, this important declaration follows in the footsteps of the RIAA and Righthaven lawsuits where judges understand the scam being run against victims and specifically call out copyright trolls for abusing the legal system over dumb lawsuits.
Stock photo copyright trolls (especially Masterfile) should take heed.
In the case of Hard Drive Productions vs. Does 1-90, the Federal Court in the Northern District of California explicitly states the following within the Conclusion in Section IV:
http://www.scribd.com/doc/88441359/Hard-Drive-Productions-Order-Denying-Leave-to-Take-Expedited-Discovery
The court realizes that this decision may frustrate plaintiff and other copyright holders who, quite understandably, wish to curtail online infringement of their works. Unfortunately, it would appear that the technology that enables copyright infringement has outpaced technology that prevents it. The court recognizes that plaintiff is aggrieved by the apparent infringement and is sympathetic toward its argument that lawsuits like this one are the only way for it to find and stop infringers. However, the court will not assist a plaintiff who seems to have no desire to actually litigate but instead seems to be using the courts to pursue an extrajudicial business plan against possible infringers (and innocent others caught up in the ISP net). Plaintiff seeks to enlist the aid of the court to obtain information through the litigation discovery process so that it can pursue a non-judicial remedy that focuses on extracting “settlement” payments from persons who may or may not be infringers. This the court is not willing to do.
It doesn't get any plainer or more clear than that. The Court is calling out the copyright troll quite explicitly and letting everyone know that the Court recognizes the extortion scheme they are running against extortion letter victims relating to P2P/Bittorrent infringements.
This document will be quoted and referred to by all defendants in future copyright troll lawsuits.
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Awesome!
It's what we've been saying all along. It's one thing to try to protect ones intellectual property, but quite another to make a BUSINESS PLAN out of extorting people and abusing the legal system!
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This judge hit the nail on the head here. Maybe he follows the ELI website! lol
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This judge hit the nail on the head here. Maybe he follows the ELI website! lol
This is certainly plausible, after we have known Getty, Masterfile, Peter Holt, Brandon Sand, Julie Stewart, McCormack and various other attorneys, and stock photo copyright trolls, and maybe even PACA have been following us.