Click Official ELI Links
Get Help With Your Extortion Letter | ELI Phone Support | ELI Legal Representation Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.

Author Topic: Ken MacDonald of Masterfile trying to extort $4000 for a small image. BIG SCAM!  (Read 5766 times)

Nemen Night

  • Newbie
  • *
  • Posts: 23
    • View Profile
Here is the letter Ken MacDonald of Masterfile sent:

http://www.scribd.com/doc/58637854/Image-License-Demand

$4000 for an unspectacular image! What a scam!

UNBELIVABLE!!!
« Last Edit: August 11, 2011, 11:08:30 PM by Nemen Night »

Katerina

  • Jr. Member
  • **
  • Posts: 69
    • View Profile
Re: Masterfile trying to extort $4000 for a thumbnail image. What a scam!
« Reply #1 on: August 11, 2011, 11:43:21 AM »
not a scam! so be careful!

Nemen Night

  • Newbie
  • *
  • Posts: 23
    • View Profile
Re: Masterfile trying to extort $4000 for a thumbnail image. What a scam!
« Reply #2 on: August 11, 2011, 10:35:56 PM »
Katerina, thank you for your response. I hope that you are not getting paranoid about Masterfile and their threats.

Here is what I did:
Print all emails, letters, evidence of their extortions etc. and put them into a folder, then put that folder away and forget about it. Here is the strategy:

You get a letter from Masterfile --> delete images; ignore all payment requests

you get any more letters form Masterfile --> ignore
you get a letter/email from collection agency --> ignore
you get a call from collection agency --> get an answering machine and ignore

Ignore, ignore, ignore. never pay.

I have beter things to worry about than some croocks sending me some treats and responding to that crap. Masterfile sends 7000 letters per year! Remeber that. If you calculate the probablity of getting sued it will be similar to getting audited by the IRS or less.

Yes there are naive and paranoid people that pay them. That pays for their food to sit and send more letters. It also looks like their days are numbered. There have been several lawsuits lost by some of these crooks recently. They should now be more afraid to go after small people. Judges are about to start throwing this out of court. The climate is changing for this abuse.

The key is not getting paranoid and ignore, ignore and never pay. Some of the people here such as Helpi may even work for Masterfile or Getty and come here to scare people. Just ignore them. Oscar will tell you otherwise, but think about this. Most people ignore and never pay.

Ignore Masterfile. They will move on to the next paranoid victim. Just stop reading their letters and it will no longer affect you.

Ignore, ignore, ignore, never pay! LOL
« Last Edit: August 11, 2011, 11:10:11 PM by Nemen Night »

Katerina

  • Jr. Member
  • **
  • Posts: 69
    • View Profile
Re: Masterfile trying to extort $4000 for a thumbnail image. What a scam!
« Reply #3 on: August 11, 2011, 10:45:02 PM »
Don't worry, I am not a paranoid because of Masterfile. I am trying to fight and to find a compromise. I have learnt how to think without panic, to be cold and calm. Thanks to this forum!
I am not afraid of being sued anymore. If Masterfile decides to do this, my husband will go to a court and fight.

Matthew Chan

  • ELI Founder, "Admin-on-Hiatus"
  • Administrator
  • Hero Member
  • *****
  • Posts: 2763
  • 1st Amendment & Section 230 CDA Advocate
    • View Profile
    • Defiantly
Re: Masterfile trying to extort $4000 for a thumbnail image. What a scam!
« Reply #4 on: August 12, 2011, 11:35:53 AM »
While I can certainly sympathize with your anger and subscribe to aggressively fighting the letters, I do not subscribe to your sweeping statement of just "ignore, ignore, ignore".  The problem with your advice is that IF your case did escalate, you would not look good in either a court of law or court of public opinion.

So, it isn't "just Oscar" that is saying it.  And he isn't just saying it because he wants to help Masterfile make money or line his own pockets. I am saying it also as a letter recipient myself. I take great peace in knowing I did respond and explaining my situation. I was also aggressive.  Whatever they can say, they cannot say I ignored the situation or them. Oftentimes, ignoring problems inflames it more

Regarding HELPI, he may have stepped on a few toes along the way but I have no reason to believe that works for any of the stock photo companies. He seems to be someone who is interested in the subject matter. So, I wouldn't be overly paranoid about it.

It is certainly possible that the stock photo company employees could be secretly posting as "normal users" but I think that would be foolhardy. If they ever got caught, it would be very embarrassing for them.  Look what happened to John MacDougall when he decided to have attorney Steven Weinberg send Oscar and I a "warning letter" on his behalf.  Basically, John made a fool of himself by accusing one of our participants of defaming his name because of a copy of schoolyard name-calling. The offending statements were deleted but the outcome was he became a laughing stock for being an executive of MF who everyone agreed had thin skin and seemed to have his feelings hurt.

Essentially, he admitted to reading our forums AND how someone managed to offend/upset him. Steven Weinberg, while being respectful, didn't do himself any favors publicly but sticking his nose out further by arguing it could be construed as being defamatory if we led others to believe the letter was sent out simply because of hurt feelings. I put out that disclaimer for everyone to see.

Nevertheless, the net result is people snickering to themselves over the spectacle of it all.  Long story short, any employees that would secretly post here would be terribly embarrassed if found out. So I don't think that is the case here.

Matthew


Katerina, thank you for your response. I hope that you are not getting paranoid about Masterfile and their threats.

Here is what I did:
Print all emails, letters, evidence of their extortions etc. and put them into a folder, then put that folder away and forget about it. Here is the strategy:

You get a letter from Masterfile --> delete images; ignore all payment requests

you get any more letters form Masterfile --> ignore
you get a letter/email from collection agency --> ignore
you get a call from collection agency --> get an answering machine and ignore

Ignore, ignore, ignore. never pay.

I have beter things to worry about than some croocks sending me some treats and responding to that crap. Masterfile sends 7000 letters per year! Remeber that. If you calculate the probablity of getting sued it will be similar to getting audited by the IRS or less.

Yes there are naive and paranoid people that pay them. That pays for their food to sit and send more letters. It also looks like their days are numbered. There have been several lawsuits lost by some of these crooks recently. They should now be more afraid to go after small people. Judges are about to start throwing this out of court. The climate is changing for this abuse.

The key is not getting paranoid and ignore, ignore and never pay. Some of the people here such as Helpi may even work for Masterfile or Getty and come here to scare people. Just ignore them. Oscar will tell you otherwise, but think about this. Most people ignore and never pay.

Ignore Masterfile. They will move on to the next paranoid victim. Just stop reading their letters and it will no longer affect you.

Ignore, ignore, ignore, never pay! LOL
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.

Katerina

  • Jr. Member
  • **
  • Posts: 69
    • View Profile
Thank you, Matt, for your post! I do fully agree that ignoring is not an option. If you ignore and decline any cooperation in resolving the issue, and then MF have a lawsuit against you, then it will not look good in front of the judge, and it will prove that legal fees were needed in order to recover damages. So, it is always better to try to negotiate. And that's what are doing.

Robert Krausankas (BuddhaPi)

  • ELI Defense Team Member
  • Administrator
  • Hero Member
  • *****
  • Posts: 3354
    • View Profile
    • ExtortionLetterInfo
not to mention the fact, that if MF is visiting us here, they are probably smart enough to capture these ignore post's, thus giving them more ammo in the courtroom... " Look your honor we tried to settle this matter out of court..this is where it went..." any judge seeing this would definatley get a sour taste from the defendant.. I'm by no means a legal expert this is just how I see it. Further more I had also contacted an IP attorney that wasn't willing to take the case, so kudos to Oscar for helping out the small fish that seem to get caught in this net.

I hope new users take the time to read thru the posts and use the useful info available to their advantage!
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..

Katerina

  • Jr. Member
  • **
  • Posts: 69
    • View Profile
true - everything you say can be used against you!

Oscar Michelen

  • ELI Legal Warrior
  • Hero Member
  • *****
  • Posts: 1301
    • View Profile
    • Courtroom Strategy
Many people choose to ignore the letters from MF and obviously MF cannot sue everyone they write letters to. I say "Don't ignore them" for two reasons: (1) Most simply put, as an attorney I would not legally advise someone to ignore a legal claim that exposes them to legal fees and penalties. If "ignore them" was the best legal advice to give, it would entail a full explanation to the client of the risks/rewards of this versus their other options. (2) Why risk that you will be one of the folks MF does decide to sue? And just because you engage them in settlement talks, does not mean you have to settle if they do not come down to a figure that YOU think is fair.  But if you should then be sued, at least you can go into court and establish that you tried to be reasonable but they wanted too much money. That greatly reduces your exposure to legal fees being awarded.

 

Official ELI Help Options
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.