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Author Topic: Philippines Setting Getty Images Extortion Letter  (Read 4854 times)

ayn2300

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Philippines Setting Getty Images Extortion Letter
« on: June 07, 2011, 07:01:53 AM »
Hi,

I'm new at this and I am just compiling information regarding the Getty Extrotion Letters
and it seems I can't find anyone in the Philippines that has experienced it.

My mom co-owns a small company. This company barely gets by on what it is earning.
Anyways, it received the Getty Letter. We told them that we did not know since the website was done
by a friend of one of the employee's daughter who was also I think a student back then.

Now we cannot reach the student who made the website plus even if we do reach him/her
then he/she will probably have no money either to pay such a huge amount!

If we are forced to pay then that goes to saying we may have to close down shop.

Attorneys here in the Philippine IPO says to just talk to the lawyer and settle on an amount
show them we cannot pay. But isn't there another way? Hiring our own lawyer will also cost so much...

I am currently reviewing the Philippine Law regarding Copyright but unlike in the US and UK,
Philippine Law in terms of copyright to the computer setting can be a bit vague or is not really suited for
the said situation.

Please, I will appreciate any help.

Thank you

Ann

Matthew Chan

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Re: Philippines Setting Getty Images Extortion Letter
« Reply #1 on: June 07, 2011, 07:01:02 PM »
Although you come from the Philippines, the issue is similar. The letters are mostly a threat. There is always the possibility they could take action against you. However, even if they win, they may not collect anything.  Almost everything we have covered for the U.S. can apply to other situations.  People need to understand that there is a difference between a threat vs. an actual meaningful action. Statistically, speaking (unless you have done something very noticeable), most people have less than 1% chance of actually experiencing a lawsuit. Most people just get emotionally worn down by the letters.
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.

Oscar Michelen

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Re: Philippines Setting Getty Images Extortion Letter
« Reply #2 on: June 29, 2011, 09:15:16 AM »
You describe exactly why Matt and I started the site.  You can gain much information about how to address the issue here and to keep track of the progress on this issue and what Getty is doing these days. I would at least make them a settlement offer of some kind so you can show that you tried to resolve it reasonably should you be one of the rare cases that gets to court.

paborito

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Re: Philippines Setting Getty Images Extortion Letter
« Reply #3 on: July 02, 2011, 02:28:20 AM »
Hi,

I'm from the Philippines would like to know the update of this case.

Almost 2 years ago I helped my friend design his website, and just early this year we received this "Letter".

We started using dummy pictures out from Google Images, and unfortunately there was one picture we forgot to replace.

At first I suspected that the letter was a scam as its not the first time we've received a letter like this.

Then we ignored the letter for several reasons:

(1.) Malicious Details
       - I Google(d) Getty Images, Philippines. There is 2 offices,
         one under another company Getcre8tive (Getty Images partner).
         The other one was Getty Images office located in Makati City. But the "Remit To" Address says "Pasig City"

(2.) Dates
        - The" Settlement Demand Date" was Jan. 25, while the letter-head says Jan. 27.
          I don't know not much about it but to my understanding the letter
          was authored Jan. 27, 2 days late from the Settlement Demand Date.

        - "The following action must be taken within 21 days of the date of this letter".
          We received the letter around Feb. 15-16 which leaves us 2 days to make legal actions.
           Sounds like we are being forced to pay.

(3.) Detail Claims
         - Purchasing photos from Getty Images have certain-specific value,
           depending on the size and resolution of the photo. Yet we are asked to pay a value of:
           PHP 29,550.00 + PHP3,546.00 = PHP33,096.00 (with a note *Please include remittance with payment*)

         - If I was to pay this amount, under what specification would the photo be?
           I believe the size of the photo was less than 200x200 pixel (It was a thumbnail).

(4.) Payment Details and Resolution
         - "Please Remit Bank Transfer to:" (this one really pissed me off..)
         - Lets say I will pay them tru this account, how would I know that they will not issue this letter again?
           The bank issues generic bank transfer receipts which only states "blah blah was transferred to blah blah"
          - Clearly, even if you pay there is no clear-specific citation that you have settled the demand.

(5.) Identity
         - I emailed "[email protected]" to validate this letter.
           There is a possibility that the letter could be produced by third party identities.
           And I never received any reply.

Just last month we received another demand via email letter, we ignored it.
And this month they emailed again with a new word "Final Notice". I sent another letter to [email protected] and still had no reply.

I have been going over the internet to investigate this case, somehow it seems that the letter is
legitimate but the issues confronting my thought on their first letter remains unresolved.

We took down my friends website temporarily until we are able to figure out the best possible action for this case.


Thanks,

Robert



Oscar Michelen

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Re: Philippines Setting Getty Images Extortion Letter
« Reply #4 on: July 31, 2011, 01:47:50 PM »
I suggest you take some time to read the prior posts forum topics and videos that are on this site as your questions are very general and are addressed many times throughout this site.  If after you do that you still have specific questions unanswered by those areas let us know  Thanks for posting!

 

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