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Author Topic: Looking for more info on actual and expected results from defense letter program  (Read 15386 times)

Robert Krausankas (BuddhaPi)

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This will be my last reply to this thread, maybe this will do it for you..if not oh well

I hired Oscar
He drafted my letter
He mail said letter to Getty
I heard from Oscar once more than 2 years after said letter was drafted and sent to Getty
Getty offered a "reduced" settlement
I declined
Oscar notified Getty of this.
3 yrs came case closed

Will they sue YOU, nobody can tell you this, will they contact oscar more than once NO ONE KNOWS!

what you can expect:

1. A letter written on your behalf from your attorney.
2. This letter being sent to Getty Images ( or whomever it is)
3.  A second reply to Getty if needed.

End of story..I'm done, good luck.
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..

Extortion-Victim-No Longer

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I hired Oscar & my case was solved within days! He is
worth every cent he is asking & a lot more.
Kim

Mote

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@Matthew, thanks for your reply.

There is no way your questions are going to get answered to the specificity you want on a public forum. If you want to pay for an ELI Phone Support Call, I can explain your options and describe the details of the DLP in a way I cannot on a public forum.

Ok, fair enough.  Thank you.


For some reason, you are dead-set on trying to twist and reframe what people are telling you.

I have to respectfully disagree that I'm trying to twist what anyone is saying.  I've quoted people to respond to things they've said and to try to get clarity on what they're saying, especially when I can't tell if they're guessing about things or if I think they didn't understand what I was asking originally.


You are drawing some strange conclusions.

Do you mind elaborating on that?  I'm just wondering what you're referring to.


It has already been commented that you are making this way more complicated than it has to be.

I'm just trying to get some solid information about how a serious and stressful legal and financial attack can be resolved.  To me it seems more complicated to be in the dark about what to expect, but I realize that a lot of people just kind of like to go with the flow and not ask too many questions.


Your other option is to hire your own lawyer at the traditional hourly rate and then you can delve into it as deeply as you want it.

Yes, I understand.


Aside from having you pay for an ELI Support Call, there is probably not much more any of us can say about it.

Ok.  I'll consider the call or just using the DLP and hoping for the best.


No one is going to push you into the program over a measly $195. You can take your time and think about it or just represent yourself.  Many people represent themselves successfully. You just have to dig in and do some homework.

I wouldn't want anyone to push me into it, I just wanted to get a better sense of how much more effective it would be than representing myself.  Based on the reading I've already done here, I think I have a pretty good handle on the recommendations for responding yourself.

Glen Carner

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I hired Oscar & my case was solved within days! He is
worth every cent he is asking & a lot more.

EVNL, on your case, were you made aware that the web designer who created your site was responsible and liable (to you directly, not the agency/photographer) for their actions?   Maybe the web designer was unresponsive, but any settlement should have been put squarely on their shoulders.
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lucia

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Based on the reading I've already done here, I think I have a pretty good handle on the recommendations for responding yourself.

That's what I did.

Robert Krausankas (BuddhaPi)

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EVNL, on your case, were you made aware that the web designer who created your site was responsible and liable (to you directly, not the agency/photographer) for their actions?   Maybe the web designer was unresponsive, but any settlement should have been put squarely on their shoulders.

Yeah Glen I'd like to see you put this responsibility squarely on the shoulders of some Pakistani / Indian  development firm that works for 5.00 US per hour, and could give a shit about US Copyright law...good luck with that! I'm not saying this was the case with EVNL, but a good amount of these cases are through outsourced developers, or firms that no longer exist, not to mention web developers that are unwilling to step up to the plate. I understand this is just another attempt to make you and your company Copyright Services International, LLC, look like prince charming, but it's not going to fly..Besides if you any sort of "business man" you would have this information in your files, as it would be your responsibility to have your "lawyers" communicate this with you..
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..

Extortion-Victim-No Longer

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I hired Oscar & my case was solved within days! He is
worth every cent he is asking & a lot more.

EVNL, on your case, were you made aware that the web designer who created your site was responsible and liable (to you directly, not the agency/photographer) for their actions?   Maybe the web designer was unresponsive, but any settlement should have been put squarely on their shoulders.

I was self taught, I built the website & own it alone. This is not an excuse for my guilt but my actions were that of an innocent infringer. It is still an embarrassment that I did not know better I nevertheless do not believe I deserved the fear & kind of threats  I suffered through as a result. Even so, I was told by Brandon Sand that he would go after my husband if need be even though he has nothing to do with its creation or ownership...In case you haven't read about my story...here is a copy & paste of it from an earlier post.

Battling over the $10,000 you wanted in court, I could have dealt with myself but the threat of 5 years behind bars, I could not. It was the JAIL time that made me lose it until I became so upset, that I decided to fight back & found ELI. No one should be treated to such a threat over one image that is found on 1 of several free wallpaper sites. I'm sorry if this exposure has caused you hardship but what happened cannot be changed & the story needed telling. Here it is again if you haven't already read it.
Quote from: Glen Carner on May 29, 2012, 08:53:09 PM
Matt is correct on all points. Lynne has been instructed to be understanding, professional, and empathetic in her communications. Her email clearly shows this and I am pleased you recognize that CSI is using a different approach to resolve the unlicensed use of the artist's images without any mention of penalties or copyright law that typically is included in an attorney's C & D letter.

I recognize that receiving a C & D letter from an attorney who spells out the penalties of copyright infringement can be shocking. Unfortunately, no other method has shown to be effective in dealing with companies that are using a photographer's images for products and services without paying for it except for legal recourse.

CSI is moving towards ELI's goal of reducing the shock and stress resulting from the recovery process on behalf of the photographers and agencies we serve. This may be naive, but hopefully it's successful and amicable resolutions can be worked out without the distress that resulted in the creation of these forums in the first place.

I look forward to representing CSI on these forums.

I have been following most posts regarding anything to do with Vincent k Tylor & Hawaiian Art Network ever since it became known on the ELI site. Now that Glen Carner has chosen to represent Hawaiian Art Network on ELI, I have a few comments to make. I hope I can make my point as respectfully as I possibly can.

After all that is being said concerning HAN & VKT, I wondered how this was all being processed on their end.
I was pursued for $10,000 by a lawyer (Brandon Sand) that Glen Carner & Vincent Tylor hired as a result of using one of his photos I found on a freewallpapers website. The photo was 300pixels by 225pixels & was on my website for approximately 2-3 weeks.

I was self taught in computer & internet-land & was grossly ignorant of the laws of infringement. Because of everything that has happened to me as a result of this ignorance, the settlement letter & threats I received, I am now well aware & more cautious than ever. I deleted every photo I had thought free leaving me with zero photos & a very limp website. I have since re-built it with the help & permissions of friends & family. Prior to this incident, I have never willingly or knowingly broken any laws in my life except for going over the speed limit on the odd long straight stretch...I am proud to be honest at all times, loyal, loving & respectful & most importantly being the best mother I can possibly be. I am a full time stay at home mother & loving wife.

The most important part of my existence is my son. He is number 1 in my life & always will be. I would give up anything in the world for him, make any sacrifices.

I consider myself fairly intelligent but also naive. I lack education in some areas but have compensated for that by realising there is always something to learn & the more you know the better. I made a mistake in thinking the photo I found on the free wallpapers website was okay to use. You can't imagine how stupid I felt when I started reading about copyright laws. There it was in black & white, I was guilty. It didn't matter that I did it innocently, I was still guilty. It didn't matter that I immediately deleted the photo which wasn't even on my website by the time I received the settlement letter, demanding $10,000 in one month's time. It didn't matter that I was sorry & actually felt bad for the artist this happened to. And it didn't matter that I was submerged with fear & drowning in my own pool of tears. My fear & sadness of what was to come was as fierce as the stance Brandon Stand took on being paid.

I am surprised that I am still invested in all of this since I am the kind of person who deals with issues and leaves them in the past...I move on, I have moved on...BUT! I will NEVER NEVER NEVER forget being so afraid of being sent to prison for 5 years & being taken away from my son! I was threatened to pay up $$$$$ or pay the consequences which could be up to a $250,000 fine & up to 5 years of prison! I believed this was a real threat. I didn't have the money, I had no savings & was not earning an income at the time. I was newly married to a man who had just lost his 22 year old daughter in a sudden tragic death. My husband was starting over financially, we couldn't pay even if we wanted to & no one to ask for it. My husband was angry & wanted me to fight it but all I could think about was what was going to happen to my son when I was behind bars.

To spend just one day in that state of mind was unbearable & it went on for more than 3 weeks. I love to garden, get my hands in the soil to create beauty within my surroundings. It is a place I feel whole, happy & when I tried to escape the nightmares I was facing, I broke down in front of my family. My father was there to witness it one day...I remember the look on his face when he saw me sobbing & he promised me I would never spend one day in prison. It was the first time I felt the sunshine in my heart because when love shines through in the darkest moments, it is more powerful than anything.

Going back in time to when this all began, I contacted Vincent Tylors wife in an attempt to plead with Mr. Tylor but she answered the phone. I could barely speak as I made the call during one of my crying & panic episodes. I told her that I was so scared & what would my son do with me being in jail? I told her I had no idea that what I had done was wrong. I apologised with all my heart & told her about my financial situation. She was very kind & told me that no one goes to jail & advised me to call Glen Carter who is a very understanding man & to communicate with him.

I did call Glen Carter, again in tears, he informed me to discuss it with Brandon Sand. I pleaded with Brandon Sand...many times, begged him to give me a break, doing all I could to prove I couldn't pay & didn't have the funds. I called Glen Carner a second time & received the same former response. After many calls & emails to Brandon Sand, I made one final phone call, sobbing as always, I told him how scared I was & what would happen to my son if I went to jail? He said pay the money & that will no longer be a concern. I finally asked him where the humanity was in all of this & his answer was, "the humanity in all this is to pay the money".

It was in that moment that I became angry & I found ELI & Oscar. One phone call to ELI & I was no longer the blubbering, pathetic & fearful half person I had been for over 3 weeks. They immediately relieved my deepest fears that no one in my circle could release.

This is happening to a lot of people, it isn't right even if the law says it's right when something is advertised as free, it's no wonder that so many people are making the same mistake, unknowingly.

Recently, someone even wrote about feeling suicidal over $700! These letters may be lining pockets with gold but they are also damaging people's lives, especially those who can't pay.

I write this summary of the experience I went through because even though in the end I was guilty for being ignorant of the law, I want others to know they are not alone & hopefully save them from shedding a few tears & fear filled nights awake. I am a strong person who is not scared of much & I certainly don't cry very often unless I am threatened by something like prison. The truth of the matter is that these photos found on freewallpaper sites and such are making artists, lawyers & picscout a lot of money. Whatever way/ways these images are getting out there, either by mistake or intentionally, substantial earnings are being generated by the result of people's fear, ignorance & innocent infringements. Which is worse?
Kim

Glen Carner

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Regardless of my position, I think your message is helpful to others in your situation.  Notice how you felt better when you received professional legal help.  This is often (always) the best policy and educating yourself (on and off ELI) about the situation made it clear that you were not going to go to jail even though copyright law places that penalty on some types of infringements.  There are a few aspects of your comments that I am surprised I was not more receptive to hearing when we talked.  My apologies for that as well.
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SoylentGreen

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Keep up the good work "Uncle Glen".



S.G.

Extortion-Victim-No Longer

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Regardless of my position, I think your message is helpful to others in your situation.  Notice how you felt better when you received professional legal help.  This is often (always) the best policy and educating yourself (on and off ELI) about the situation made it clear that you were not going to go to jail even though copyright law places that penalty on some types of infringements.  There are a few aspects of your comments that I am surprised I was not more receptive to hearing when we talked.  My apologies for that as well.

I was tormented for over 3 weeks with that fear until the moment I called Matthew & Oscar. One of the best patent attorneys in my community felt I had no chance of getting any kind of a break on it.

Why weren't you responsive when I was in tears telling you I was afraid of what would happen to my son?  Before I spoke with ELI & Oscar, as far as I knew, you could have won in court for the $10,000...All it would have done is bankrupt us as my husband & I were just starting a new marriage & came together without any assets, I tried to explain this to all involved. I also provided evidence that
I was being honest about my financial situation at that time.

The only thing I had to lose was my freedom & the well being of my son. Mr. Tylor's wife seemed to understand my position when she tried to tell me no one goes to jail. I would think she of all people would have responded to the real fear she heard in my voice. When I apologised to her, I truly meant it. But she had me contact you, you know the rest of the story. Why would HAN & Brandon Sand have me believing I would ever even spend 1 day in prison? Brandon Sand however felt I should be reminded that the law is the law & kept me on the hook for over 3 weeks, that is a long time.

Matthew teaches the ELI community to "get it together"...My whole life, I have always been strong, nothing has ever stopped me in my tracks like this.

I am not here for vengeance, only for truth, life is too short & too sweet for that, I am here to help others.
If you are really here to make a difference in the way that you collect, are you telling me & all of ELI that this will not happen again to some other naive fool such as I? Tell you what, this will be my last post where I mention your name or anyone else that was involved. I forgive you all. Maybe if you can forgive yourselves, a greater change will come. Don't get me wrong, I'm happy you are trying to turn over a new leaf by making a positive less intrusive change & while you do that, please remember what I went through & how hard it must have been for me to think of being separated from my son.
Kim

Peeved

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Every time I hear EVNL's story it makes me want to pound "Sand"...... just for starters.

My understanding is that Brandon Sand no longer works for HAN. Ok...that is a "good" thing. I have to wonder however HOW MANY OTHER PEOPLE had this done to them who did not come forward like EVNL? HOW MANY OTHERS PAID due to this kind of fear?
« Last Edit: June 06, 2012, 08:35:08 PM by Peeved »

Extortion-Victim-No Longer

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Thanks Peeved...that is the question...I'll bet many.
Kim

Robert Krausankas (BuddhaPi)

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Every time I hear EVNL's story it makes me want to pound "Sand"...... just for starters.

My understanding is that Brandon Sand no longer works for HAN. Ok...that is a "good" thing. I have to wonder however HOW MANY OTHER PEOPLE had this done to them who did not come forward like EVNL? HOW MANY OTHERS PAID due to this kind of fear?

Without addressing the "fear factor" one has to think these stock companies / trolls are well aware that a certain number of people will roll over and pay and they will have to write off a certain percentage, which is probably figured into the "demand amount".. I have yet to see an image that's worth more than the 10 bucks as they are offered on Hawaiian Art Networks site, and even that's a stretch.
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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@Matthew, thanks for your reply.

I am not trying to be insulting here but you are really being a bit dense about this. I actually know a good amount of the end results but I am not going to discuss them publicly. Oscar cannot discuss them publicly because of the position he is in.

Ok.


I am telling you the DLP is "effective" using your words.

Alright, well, considering how you feel about the copyright troll issue, that's something.  By the way, I applaud you for running this site, which I know takes a lot of work and is a labor of love.


Do yourself a favor and try to read between the lines that hundreds of other clients seem to understand with little problems. Have you thought about why you are having such a difficult time with this and others do not?

I know what you mean, but I wouldn't necessarily say I'm having a difficult time with it.  I understand that there may be information that it's unwise to publish, but by the same token, I posted because I was wondering if there's some more specific information that can be provided beyond the limited information there is currently.  I think this thread would have arrived at this conclusion more directly if it just boiled down to: these questions can't be answered because it would compromise the effectiveness of the program.  But there were posts saying other things, and a lot of my posts were re-iterating what my original questions were and trying to figure out what people really know and what is only guessed about.  I know everyone is posting to be helpful, and I appreciate that.  Sometimes posts raise new questions or underscore the original ones without answering them, generating more discussion and leading to me trying to pinpoint for people what I'm asking about.

I would guess that a lot of the other clients don't ask these questions for reasons other than reading between the lines.  Perhaps some have the same questions and choose to read between the lines rather than ask them.

Mote

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Sorry to hear about your ordeal, EVNL.  I can't believe how patronizing and indifferent the response here was.
« Last Edit: June 07, 2012, 01:20:01 PM by Mote »

 

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