New Case

[headhunter9]

We just got one last week. I'll hold back on providing details of who's after us... I've been over this site and forums and will respond based on the guidance and case data provided in these forums. I'm leaning toward the defense letter if things go south. What I haven't seen however is this:

1. If in the rare case they do take you all the way to court, can they get more than the original demand they are asking for? Legal fees, interest incurred over time, etc.....? Besides the inconvenience, what's the risk beyond having to pay something determined by the Judge?
2. This has to be filed in federal court, correct? What does this mean, do they have to come to my state, would I have to go there?
3. I know its worst case scenario but I want to be prepared. I have seen a case where it did go to court so its a remote possibility.
4. I don't understand the 3 year statute. Could I literally do nothing for 3 years before they will take action, if they take action?
5. My approach will likely be to respond asking for all the evidence of proof, offer a settlement in good faith, assume it will be rejected then ignore.

Lastly, thanks to everyone here, both contributors and site owners for standing up to this friggin' scourge. At a minimum I'll be making a donation to the site.

HH9

[Robert Krausankas (BuddhaPi)]

We just got one last week. I'll hold back on providing details of who's after us... I've been over this site and forums and will respond based on the guidance and case data provided in these forums. I'm leaning toward the defense letter if things go south. What I haven't seen however is this:

Each troll is different without you naming them, it will be hard to give advice...just sayin'..you need to help us help you

1. If in the rare case they do take you all the way to court, can they get more than the original demand they are asking for? Legal fees, interest incurred over time, etc.....? Besides the inconvenience, what's the risk beyond having to pay something determined by the Judge?

yes, and they will demand more, legal fees, ect....again depending on "who" has much to do with the risk factor, as well as the number of images involved.
2. This has to be filed in federal court, correct? What does this mean, do they have to come to my state, would I have to go there?
yes, federal court in your location.
3. I know its worst case scenario but I want to be prepared. I have seen a case where it did go to court so its a remote possibility.
care to name this case, so we can better comment?

4. I don't understand the 3 year statute. Could I literally do nothing for 3 years before they will take action, if they take action?
they have 3 yrs from finding the image to take legal action, once 3 years passes they can do nothing legally

5. My approach will likely be to respond asking for all the evidence of proof, offer a settlement in good faith, assume it will be rejected then ignore.
totally your choice, but rest assured "whomever" the troll is won't ignore it or let it go, they will continue to be a pest...although if it's one image it won't go to court.

Lastly, thanks to everyone here, both contributors and site owners for standing up to this friggin' scourge. At a minimum I'll be making a donation to the site.

HH9

[Jerry Witt (mcfilms)]

Ditto everything Robert said. I'll just add that the idea of laying low in the interest of them "going easy on you" or not tipping your hand doesn't seem to work. They already know the standard game plan and the moment you request proof of copyright registration they will know you have been here.

It seems that the people that are loud, name names, and make it very clear that they are willing to go to the mat on the issue seem to get left alone pretty quickly. The people that keep it on the down-low and appear that they are working toward a settlement seem to get pestered a great deal more.

At least that's my impression.

[Greg Troy (KeepFighting)]

I agree with both sets of comments, to give you accurate and practical advice we need to know who you are dealing with as the way you fight Getty is not necessarily the same way you fight Masterfile and keeping silent only helps their cause. Jerry is right and I can tell you from personal experience if you raise a stink and come out swinging they back down very quickly and move on to easier prey. But again the strategy depends upon who you are dealing with, how many images and the entire situation. Provide us with more info and we can provide you with more info.

Ditto everything Robert said. I'll just add that the idea of laying low in the interest of them "going easy on you" or not tipping your hand doesn't seem to work. They already know the standard game plan and the moment you request proof of copyright registration they will know you have been here.

It seems that the people that are loud, name names, and make it very clear that they are willing to go to the mat on the issue seem to get left alone pretty quickly. The people that keep it on the down-low and appear that they are working toward a settlement seem to get pestered a great deal more.

At least that's my impression.

[Robert Krausankas (BuddhaPi)]

This really has my interest:
"I have seen a case where it did go to court so its a remote possibility."

I need to know what case this is, and why we don't know about it...unless we do know about it..i'm curious..

[headhunter9]

This really has my interest:
"I have seen a case where it did go to court so its a remote possibility."

I need to know what case this is, and why we don't know about it...unless we do know about it..i'm curious..

Hi Robert, I can send you a PM if that's ok.

Thanks.

[Robert Krausankas (BuddhaPi)]

This really has my interest:
"I have seen a case where it did go to court so its a remote possibility."

I need to know what case this is, and why we don't know about it...unless we do know about it..i'm curious..

Hi Robert, I can send you a PM if that's ok.

Thanks.

Please do! If it's an actual court case I'll go grab the court documents for it!

[SoylentGreen]

Sounds like HAN/Tylor.

S.G.