Masterfile starts it round of 2012 Lawsuits

[Oscar Michelen]

I think it is clear that MF is responding to our position over the years and is filing case (even for one image) to prove a point.  A company of that size takes a global approach to their litigation; we may lose money on this suit over one image, but we more than make up for it with the multiple image cases and with the  increase in settlements we will get when people see that we do sue over one image. Also, since almost all federal settlements in IP cases are kept confidential by the parties, we will never know if MF accepted $300 or $3,000 or $30,000 to settle. 

[Matthew Chan]

The trouble people get into is that people are looking for "guarantees" and "absolutes" on the cheap. I never said they would NEVER get sued. I said it is very unlikely to get sued over 1 image.

They don't want to pay the settlement, they don't want to pay for Oscar's Defense Program, and they don't want to pay in effort and time to get educated.

I don't have a lot of sympathy for the lazy, cheap, and spineless letter recipients. They want someone to save them without them putting out anything. No matter what you say to them, they are irrational. It shows me how naive they are.

I made the mistake of interacting with a Masterfile letter recipient last year. I reached out because I was interested in seeing the newer Masterfile letter.  I remembered how the letter recipient was trying to barter with me for "services".  He would "let" me share a copy of his letter if I could give him some suggestions to talking to him.

I thought I would invest a little bit of time because I had never directly dealt with a Masterfile case. It was one of the dumbest moves I made dealing with the guy.  Here he thought he was doing me a favor when I was really trying to test out some of my combat theories.  He had very little to lose and everything to gain.

Well, despite what he said to me, he was a squirrel and kept worrying about retaliation, what his wife thought, and what Masterfile would do next. Ultimately, I stopped talking to him because it was pathetic and I didn't care anymore.

He never got the concept that out of several hundreds if not thousands of letters, even if Masterfile filed a couple of lawsuits, statistically, it is less than 1%!  This assumes you do nothing.  If you handle it properly, you can reduce the odds even further!

To people who want a "guarantee", be prepared to pay MF directly or hire Oscar to negotiate for you. Even then, you will pay his fee plus the negotiated settlement amount.

Now, no newbies gets a "few minutes" of my time. If you don't make an ELI Contribution, then you are stuck with reading the forums and blog posts.

If you have no stomach or backbone for this and are too cheap to pay for professional assistance, don't even try to pretend to have the backbone to represent yourself.  People like me (as well as Masterfile) can see you are bluffing and it would make more MORE want to target you, not less.

The rule of thumb where 1-2 images is not likely to get a lawsuit (even if 10 lawsuits were filed this year) still stands as far as I am concerned.  I know statistically, it is still less than 1%.  If that isn't good enough and you think you are that "special" to win that lawsuit lottery, then pay up and stop your suffering. The rest of us can find some middle ground using the information we have provided over the years.

Thanks for doing that.  So much for not suing over 1 image....

This is true, this is no longer the best rule of thumb. I think it's more about the amount of the claim than the number of images or infringements. Like Matthew commented on another thread, it's all about risk analysis. They're shooting for $30,000 in this case, so the fact that it's one image doesn't change the economics outlook for Masterfile's legal henchmen.

I don't think they'd go to court for less than a certain amount to make it "worth their while". There are also non-monetary considerations, such as the possibilities of loss of face, damage to their brand, financial blowback and setting bad precedents for their "business models". They probably go in knowing fully well it's likely to end up in a settlement that pays them enough to keep their current posturing and continue with the letter program.

They are definitely sending a statement about the former "never-for-one-image" rule. Like Matthew says, they can take people to court anytime they want and they want us to know that. However, as Matthew also says, the question is whether they can make it stick.

[dieselfish]

Hmm... as the presumed subject of this rant I will "squirrel" away and reserve my comment for a more appropriate time and location.  I'll just say that Matthew's take on my case with Masterfile is interesting, if not insightful. 

I suggest that we return this thread to it's intended subject - Masterfile.  Let's save the negative comments for the truly deserved (MF, Getty, HAN, etc.) and continue to provide support those that are here searching for help. 

[Matthew Chan]

Feel a little bit self-conscious do we? I didn't mention anyone by name or a specific case. You appear to want to own up to it. So what is it that I said that is incorrect? I am happy to correct it. Do you object to the "lazy, cheap, and spineless" comment? They were generic comments.

As the ELI Forums are run by me, I will talk about what I feel like on any thread I want. There were a number of people that I did go out of my way to assist and talk to for free, not just you. You were one of those guys that got way more time than I should have given. I remembered one comment made to me by someone (might or might not be you) throwing in my face how "I was the one doing the calling".  When I heard that comment, I immediately knew what that meant and I wouldn't make the mistake again.  Somehow that person thought they were doing ME a favor trying to help him. I thought to myself how ridiculous is that. I know how to handle my own situations and here this guy thinks I am doing him a favor.

I now believe giving "free" time has zero value.  So newbies get zero free time from me unless they make the minimal ELI Contribution.  They make an ELI Contribution then they get past the gate and my hospitality.  ELI Forum, self-study, stress, and work is FREE for the people who want to engage in it.  But zero free time from me and Oscar.  You got the benefit of having your correspondence against Masterfile posted for everyone to read on the ELI Documents Library which will never happen for free again. I even took the time to explain the strategy. It was my way of helping you push back against Masterfile but you seem a bit ungrateful now. I am more than happy to take your letters and your ELI Forum account down and then you can deal with Masterfile 1-on-1. Then you can explain to your wife about why Masterfile letters by Geoffrey Beal suddenly appear on your doorstep.

As far as I can tell you did not hire Oscar either which is NOT mandatory. It was way simpler than me taking the time to talk to you, getting your emails, coaching you, and posting in the ELI Documents Library. I didn't have to do any of that.

I don't have a problem with you wanting to hide out. That's fine. But don't get an attitude with me when you are the one who used ELI resources, my time, and my strategy to beat down Geoffrey Beal. I can't undo my time but I can take down the files against Geoffrey Beal and Masterfile come after you again. Give the word and all your emails will be immediately deleted. You can go back fending for yourself.

I was addressing the issue of a comment of how suddenly "my rule" of "1 image doesn't get a lawsuit" suddenly gets thrown out the window. I clarified that it was NEVER an absolute rule which is why I tell people to respond and NOT IGNORE it ... just in case. I also subscribe to fighting back when appropriate. I practice what I preach.  How do you think ELI got started to begin with?

Making some of these rash fear-based assumptions goes to a recurring pattern of those who let their fears do the talking instead of their brain. Statistically, there is still a very, very low chance of getting hit with a lawsuit even from Masterfile.

May I suggest you grow a spine and not crack on the person who went way beyond the call of duty to help your case when no one else would do it for free. As I said, I am more than happy to take down the very public letters against Geoffrey Beal if you feel that was no help to you.  I didn't call you out by name.  You called yourself out.

Regarding your comments about "appropriate time and location", I take that to mean you want to ride out the 3-year statute of limitations?

Since you are out here, why don't you give us an update?  Has Masterfile contacted you or has it been all quiet? If Masterfile has, in fact, contacted you then let me know.

I want to help and support others but I can't save the world. I especially can't help people who say they don't want to pay but to much of a coward or too cheap to do anything about it. The rest of the ELI Community can do what they want.

I am telling you and everyone, I now qualify who I help.

Regarding you, Dieselfish?  You are unbelievable after the mini-campaign I did on your behalf and you think your freaking letters and emails were such a big deal. Let's put this to a test.  I don't bluff.  I promise you I have no problems taking down all your correspondence against Geoffrey Beal and Masterfile and giving them a free pass against you.

Otherwise, just chill out. You not only don't have a spine, too cheap to hire Oscar, too dumb to fight back on your own, can't get your wife in line with what your doing, but you also have a thin skin to boot and no sense of appreciation.

I could say more but I won't.... for now.