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Author Topic: Need an opinion on a letter I received.  (Read 33600 times)

john82

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Re: Need an opinion on a letter I received.
« Reply #60 on: December 01, 2013, 02:50:56 PM »
I don't have any examples of a "defense letter", which is what you should send once you receive the packet and before the lawsuit.  I do have an example of a "Defendant's Answer And Affirmative Defenses to Plaintiff's Complaint", which is what you file with the court as an answer to a lawsuit.

I don't feel comfortable posting that word for word, but basically they claimed they're innocent and cited everything you've read here: Fair use, they're a news organization, plaintiff doesn't own the images, plaintiff didn't put proper safeguards in place to protect the images, images were taken from another website and defendant relied on their good faith that the images weren't copyrighted, claims are barred by laches, estoppel, acquiescence, implied license (I don't know what this is, so I need to research it), barred by doctrine of "unclean hands", barred by "copyright misuse".

So basically, the defendant used every defense in the book.  It should be noted that this was just an official response to the lawsuit.  This hasn't gone to trial, so we don't know if these arguments will hold up, although I'd LOVE to see Sanders try to address all of these in a courtroom.

john82

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Re: Need an opinion on a letter I received.
« Reply #61 on: December 01, 2013, 02:52:12 PM »
To answer your other question; no, I did not see examples of the amounts the cases were settled for.  Either that information isn't given to the court or I don't know where to look for it.

JLorimer

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Re: Need an opinion on a letter I received.
« Reply #62 on: December 01, 2013, 03:04:33 PM »
Wow, there is a lot of terminology that I have never heard of.  Looks like it's time to go find some answers and if or how any of those things apply.

JLorimer

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Re: Need an opinion on a letter I received.
« Reply #63 on: December 02, 2013, 02:58:52 AM »
Here's a new question, john82.  In my research so far, everyone else seems to have received a letter from Sanders Law.  I have yet to receive a paper letter, but the DMCA complaint filed with my registrar was from an R. Taylor at Copyright Defense League.  Have you come across any other cases where CDL is involved?  Or is this merely a process?  Will R. Taylor file the DMCA to get my personal information and then pass it along to Sanders to send me a letter?  From what I have read on site here, it seems that R. Taylor is not an attorney of any sort.  I can't figure out why everyone else is receiving contact from someone at Sanders and I have, thus far, only received from CDL.

john82

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Re: Need an opinion on a letter I received.
« Reply #64 on: December 02, 2013, 09:37:36 AM »
No, I haven't seen any Sanders cases where the CDL is involved.  My understanding is that they go that route when they can't clearly tell who owns the website.

JLorimer

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Re: Need an opinion on a letter I received.
« Reply #65 on: December 02, 2013, 09:48:22 AM »
So are you saying they send in somebody different when there is a chance they don't know who they are dealing with?

john82

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Re: Need an opinion on a letter I received.
« Reply #66 on: December 02, 2013, 07:45:08 PM »
This is getting outside of what I've learned from my research, but my understanding is that they didn't "bring in" the CDL, but rather that's the process to go through when they can't determine the owner of the website or the IP address owner.  From what I know, it's more common with the RIAA (record companies) that are trying to figure out who's downloading their music.  Porn trolls use that as well.

Now that Sanders knows who you are, they'll probably be sending you a letter soon.  Again, I'm not overly familiar with that process, so someone else will have to jump in if I've got it wrong.

JLorimer

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Re: Need an opinion on a letter I received.
« Reply #67 on: December 02, 2013, 08:08:42 PM »
I guess that is what confuses me a bit too.  I know what you are saying in the case of RIAA, MPAA, etc.  I know they need somebody technical to get the person's data to pass on to a law firm. 

I think where it breaks down for me is that the CDL seems to play multiple roles the troll process.  I feel like I have seen discussions here where CDL directly does the threatening of a suit.  Maybe it was in the discussion of this blog posting - https://web.archive.org/web/20120706131449/http://www.bitemybooks.com/2012/07/submitted-for-approval-of-midnight.html - that I saw that.  I don't remember.  Then I saw communications posted from Randy Taylor soliciting lawyers to join forces with him.  Does anybody know for sure what his role is?

Greg Troy (KeepFighting)

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Re: Need an opinion on a letter I received.
« Reply #68 on: December 02, 2013, 09:17:59 PM »
Here's the threads on ELI about CDL.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/copyright-defense-league-recruiting-extortionist-lawyers/

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/copyright-defense-league-inside-strategies-revealed!/

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/copyright-troll-randy-g-taylor-from-copyright-defense-league-on-video/

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/dan-b-levine-from-copyright-defense-league/

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/national-photo-group-llc-in-cahoots-with-copyright-defense-league/

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/for-randy-taylor-of-copyright-defense-league/

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/who-exactly-is-dan-b-levine-of-copyright-defense-league/



Here's a new question, john82.  In my research so far, everyone else seems to have received a letter from Sanders Law.  I have yet to receive a paper letter, but the DMCA complaint filed with my registrar was from an R. Taylor at Copyright Defense League.  Have you come across any other cases where CDL is involved?  Or is this merely a process?  Will R. Taylor file the DMCA to get my personal information and then pass it along to Sanders to send me a letter?  From what I have read on site here, it seems that R. Taylor is not an attorney of any sort.  I can't figure out why everyone else is receiving contact from someone at Sanders and I have, thus far, only received from CDL.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

JLorimer

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Re: Need an opinion on a letter I received.
« Reply #69 on: December 02, 2013, 09:37:05 PM »
Thanks, Greg.  I actually read all of those over the last few days.  Even re-read a number of them.  I think my confusion lies in that it seems from the threads you pointed out that Randy and CDL act alone but john makes me think that CDL is just part of a larger process with Sanders.  Any thoughts on that?

Greg Troy (KeepFighting)

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Re: Need an opinion on a letter I received.
« Reply #70 on: December 03, 2013, 08:51:20 PM »
Sorry I honestly don't know.  I have not followed them that closely as my main focus has always been learning and documenting all I can about Getty Images and McCormack IP Law. 

Thanks, Greg.  I actually read all of those over the last few days.  Even re-read a number of them.  I think my confusion lies in that it seems from the threads you pointed out that Randy and CDL act alone but john makes me think that CDL is just part of a larger process with Sanders.  Any thoughts on that?
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Robert Krausankas (BuddhaPi)

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Re: Need an opinion on a letter I received.
« Reply #71 on: December 04, 2013, 06:53:11 AM »
It's probably much like Getty. That jackwagon at CDL comes at you first, if he can't squeeze any cash out of you, he "escalates" it to Sanders Law. Sanders probably jumped on board when he got the recruitment email.
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.
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Oscar Michelen

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Re: Need an opinion on a letter I received.
« Reply #72 on: December 07, 2013, 03:02:14 PM »
Sorry I am coming late to this forum topic. Craig Sanders Long Island office is around the corner form mine and he is partner at a firm that specializes in medmal and disability claims. He hooked up with BWP Media a little while ago and has been engaged in this flurry of activity. I have responded on behalf of clients to about 3 or 4 of his claim letters and he has not yet answered any of them back or filed suit. When I did my own PACER research after being hired for the first time I also saw that most of them settle or get terminated right after filing. It would be very hard and expensive for BWP Media to go through and litigate all these claims. They would also have to hire local counsel to move Mr. Sander's admission pro hac vice as he almost always has field in States where he does not regularly practice.  In fact if he keeps filing in those states they may stop accepting his pro hac applications and require him to obtain full membership to their Bar. While BWP does specialize in celebrity images, their claims are not that different from Getty in that they don't always supply the proof and make cryptic or unsupportable demands in their letters. I think they may get their comeuppance if a case actually gets litigated. 

Greg Troy (KeepFighting)

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Re: Need an opinion on a letter I received.
« Reply #73 on: December 07, 2013, 03:09:13 PM »
Thanks for the information and update Oscar! 
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

LoBrew

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Re: Need an opinion on a letter I received.
« Reply #74 on: September 02, 2014, 01:31:42 PM »
I just received a letter from Sanders and I was curious as to how your issue was resolved.  THey first contacted me on Thursday August 28th citing that there were 9 infringements.  When I looked at the screenshots I only saw five images and 9 screen grabs...some of which were duplicates.  Aditionally, I thought it was odd that the law firm used my maiden name and a 10-year-old address in their letter.  It's easy enough to find that information online.
I responded only to say that the images had been removed.  Then they replied to me today, Sept. 2nd, asking to set up a conversation about resolution for the time frame that the images were up on the site.
I don't feel comfortable speaking directly to them.  I don't think I should have to pay anything since I sourced the images.  I don't make any money off of my site and do it just for fun. 
Also, I want to know how to proceed going further.  Can I just not have a website anymore? What photos are safe to use?
Please help!
LoBrew

 

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