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Author Topic: Received a Complaint from BWP Media USA  (Read 69983 times)

DavidVGoliath

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Re: Received a Complaint from BWP Media USA
« Reply #75 on: May 02, 2014, 01:17:12 PM »
the problem with Mizzo is they are actually hosting most of the images.. for example this page:

http://www.mizozo.com/entertainment/02/2014/20/the-incredibly-sexy-heidi-klum-stuns-in-sports-illustrated-swimsuit-50th-aniversary-issue.html is using an image from Sports Illustrated even including their watermark.. the image is not linked to as can be seen by the path:

http://www.mizozo.com/images/item_images/77000/76914_gallery.jpg

my guess it won't be long, before many other trolls start piling on. The site states that all content is uploaded by users, in which case they would be covered by dmca providing they have a registered agent..which i'm not so sure of.

Mizozo's problems seem to have started here (or thereabouts)

http://www.mizozo.org/2012/02/mizozo-received-and-responded-to-its.html

The problem they have is that they didn't meet the requirements of DMCA safe harbor protections until after the date they received the letter.

http://www.copyright.gov/onlinesp/agents/m/mizozo_llc.pdf

... so there's the possibility that they *could* be sued for any unlicensed images posted to mizozo.com prior to May 17 of 2012

JLorimer

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Re: Received a Complaint from BWP Media USA
« Reply #76 on: May 02, 2014, 02:09:14 PM »
The other major difference with Mizozo is that they received their letter for multiple infringements.  There are at least 10 instances, if not more.

Robert Krausankas (BuddhaPi)

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Re: Received a Complaint from BWP Media USA
« Reply #77 on: May 03, 2014, 09:04:14 AM »
the problem with Mizzo is they are actually hosting most of the images.. for example this page:

http://www.mizozo.com/entertainment/02/2014/20/the-incredibly-sexy-heidi-klum-stuns-in-sports-illustrated-swimsuit-50th-aniversary-issue.html is using an image from Sports Illustrated even including their watermark.. the image is not linked to as can be seen by the path:

http://www.mizozo.com/images/item_images/77000/76914_gallery.jpg

my guess it won't be long, before many other trolls start piling on. The site states that all content is uploaded by users, in which case they would be covered by dmca providing they have a registered agent..which i'm not so sure of.

The problem they have is that they didn't meet the requirements of DMCA safe harbor protections until after the date they received the letter.

http://www.copyright.gov/onlinesp/agents/m/mizozo_llc.pdf

... so there's the possibility that they *could* be sued for any unlicensed images posted to mizozo.com prior to May 17 of 2012

I agree 100%, I didn't look into the agent issue, but quickly read the so called "terms" which made me giggle...lots of "we don't care" in there..

I'd be willing to bet there are also trademark issues there.. one would think that "sports illustrated" may not be to happy with their logo appearing along with the images..but then again it is a "reporting" site, so maybe fair use comes into play. Either way it's important that folks that want to do this kind of site, do their homework first to avoid any of these possible issues. But most just have that "it's on the internet..free for all attitude"

I had someone approach me last week that wants to build a site to sell "knock off" watches, handbags and the like..they said these things are all over ebay, why can't you do it for me..
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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DavidVGoliath

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Re: Received a Complaint from BWP Media USA
« Reply #78 on: May 03, 2014, 12:16:04 PM »
I'd be willing to bet there are also trademark issues there.. one would think that "sports illustrated" may not be to happy with their logo appearing along with the images..but then again it is a "reporting" site, so maybe fair use comes into play. Either way it's important that folks that want to do this kind of site, do their homework first to avoid any of these possible issues. But most just have that "it's on the internet..free for all attitude"

Trademark would only come in to play if mizozo.com's postings were crafted in such a manner to imply either a connection to or endorsement by Sports Illustrated, being that a claim has to show Dilution by Blurring, Dilution by Tarnishment or both.

And yeah, I run into a lot of "it's online, so it's free" in people's arguments, as well as all sorts of people who seem to think the DMCA exempts them from wrongdoing, even when they've not got a designated agent and/or are outwith the US.

I had someone approach me last week that wants to build a site to sell "knock off" watches, handbags and the like..they said these things are all over ebay, why can't you do it for me..

There's a simple reply to that: just tell them that there are two reasons you don't want to - 18 USC §2319 and 15 USC §1125  ;)

lucia

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Re: Received a Complaint from BWP Media USA
« Reply #79 on: May 05, 2014, 08:42:03 AM »
I had someone approach me last week that wants to build a site to sell "knock off" watches, handbags and the like..they said these things are all over ebay, why can't you do it for me..

There's a simple reply to that: just tell them that there are two reasons you don't want to - 18 USC §2319 and 15 USC §1125  ;)
With respect to trademark, some 'knockoffs'  in the sense of "sort of imitations" are ok-- provided the don't confuse the consumer or clearly trample on the mark. This happens in women's fashion all the time. On may, for example, create a bridal gown that looks awfully similar to the one worn by that Princess Kate woman during her wedding-- and could do so even if the designer of that dress 'trademarked' her brand.  What you couldn't do is use the 'trademark' to advertise that thing.

But generally, if it looks like it tramples trademark to Robert, I'd say it probably does. 

On the "it's on Ebay" issue: If that customer thinks  stuff similar to what he markets is listed on ebay and thinks that's ok,  he should set up an ebay store.  The fact is: ebay monitors for trademark infringements too. So he'll quickly discover that he'd need to tread carefully at ebay too. Ebay has all sorts of info on this issue:

http://pages.ebay.com/help/tp/vero-rights-owner.html
http://www.ebay.com/gds/Trademark-Infringement-My-Experience-with-it-/10000000002844578/g.html
http://www.ebay.com/gds/Selling-Trademark-Infringement-BE-AWARE-OF-THE-RULES-/10000000010376203/g.html

And so on. 

Do somethings slip through on ebay? Sure. Might some people have figured out how to slide by for a while? Likely. But
* ebay's rules don't permit trademark violation.
* ebay's will ban your account if they discover you are a repeat offender.
* the trademark owner will try to track you down and sue you if you infringe and they can find you. (Ebay will cooperate.)

I wouldn't be at all surprised if the guy who contacted Robert didn't already know that listing on Ebay was going to be difficult.  That might be his motive for trying to set up an local web page.

Oscar Michelen

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Re: Received a Complaint from BWP Media USA
« Reply #80 on: May 06, 2014, 09:24:35 PM »
Sorry to chime in late on this thread but we have been litigating against BWP Media in a few cases including one just filed in New Jersey Federal Court. You can follow it on Pacer the case is called  BWP Media v HipHopStan.com LLC. I can't discuss the details but I will keep you updated as much as I can. Like most of these litigants BWP is usually interested in a quick settlement but I am right now looking to see the proof of their claim or whether they are like Righthaven and just have the right to sue.

JLorimer

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Re: Received a Complaint from BWP Media USA
« Reply #81 on: May 23, 2014, 02:46:32 PM »
BWP recently won $18,000 in a default judgement against Uropa Media.  This includes attorneys' fees of $6,732.50 and costs of $400, for a total of $25,132.50.

http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2013cv07871/419633/21

The thing that stands out to me in this document is:

"Finally, BWP requests costs in the amount of $475, representing a $400 filing fee and $75 for the cost of service of process. (Proposed Findings at 3, ¶ 14). However, no documentation has been provided in support of these expenses. Where counsel
fail to proffer documentation, a court may either reduce the amount claimed or decline to award costs altogether. See Zimmerman v. Portfolio Recovery Associates, No. 09 Civ. 4602, 2013 WL 6508813, at *13 (S.D.N.Y. Dec. 12, 2013). I will take
judicial notice of the filing fee, but the Proof of Service form was left blank where it calls for the process server’s fee (Docket
no. 3 at 1, 2), and no other evidence has been proffered. The award of costs should therefore be limited to $400."

One common thread I'm starting to notice in BWP lawsuits is that people don't seem to be aware they have been served until it is too late.  Is it possible they are skipping a vital step and getting away with it?

mr walton

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Re: Received a Complaint from BWP Media USA
« Reply #82 on: June 24, 2014, 08:25:59 PM »
I was doing my daily search for BWP Media/Sanders Law PLLC today when I stumbled across the following:

http://www.mizozo.org/2014/04/these-dmca-takedown-requests-are.html
http://www.mizozo.org/

It looks like Sanders is changing up their process a little bit.  They are now spamming contact forms found on websites and attempting to direct them to a link to pay online: https://payonline.sanderslawpllc.com/

I read about this type of scheme being used against IP addresses found in a torrent download swarm.  This is an interesting twist.

I especially enjoy the part where they are attempting to use the SSL that belongs to payonline.bakersanders.com and it causes my browser to generate an untrusted connection message because of the domain mismatch.

I run a fairly popular forum and I received one of these (worded exactly like the one to mizozo, but with different numbers) and I went to the link.  Before you can see what the infringement might be they are requiring you to check a box for their terms of service which basically relinquishes all your rights.  I didn't proceed, so I don't even know what image is supposed to be infringing.

Here's that screen:
Welcome
Terms & Conditions

Please read the user agreement carefully before proceeding. This website displays infringement information and handles payments only for settlement of Sanders Law client’s copyright claims. If you have questions regarding the claim against you, please call the Sanders Law at (855) 456-2240. Customer Service Representatives are available Monday through Friday from 9:00am to 5:00pm EST.

You understand and agree that the use of this web site to handle a copyright infringement claim does not alter or extend any statutory deadlines. Thus, your failure to make any payment on time or other failure to meet any deadline will not be excused, even if caused by the error or any malfunction relating to this web site, and the commencement of legal action as a result of such failure to pay on time or meet another deadline will apply.

In consideration of your use of this web site, you agree to provide true, accurate, and current information. If you provide any information that is untrue, inaccurate, or not current, or if Sanders Law has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, Sanders Law has the right to terminate your use of any services on this web site.

You understand and agree that Sanders Law reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services provided on this web site and any conditions of use with or without notice.

You understand and agree that Sanders Law may, under certain circumstances and without prior notice, immediately terminate your access to this web site. Cause for immediate termination will include, but not be limited to, (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) discontinuance of services or content modifications to this web site, (c) technical problems or errors, and (d) extended periods of inactivity.

Sanders Law makes no guarantees, promises, or warranties regarding the accuracy of information and data provided by any section in this web site. You agree and understand that the information and data on this web site are being provided "as-is" without warranty of any kind and that the information and data may be subject to errors and omissions. To the extent permitted by law, Sanders Law disclaims all warranties, including, without limitation, any implied warranties of merchantability, accuracy and fitness for a particular purpose, and non-infringement. The user acknowledges and agrees that neither Sanders Law nor any related entity or body nor any attorney, member or affiliate of Sanders Law, nor any vendor or service relating in any way to our online efforts is or will be liable in any way whatsoever for the accuracy or validity of the information provided. There is no guarantee that this on-line payment application will show all of your infringements. Use of this service to submit payment constitutes acknowledgment that Sanders Law and the processor of electronic payments assume no responsibility for data entered by service users. I hereby understand that payment is an admission of liability and I may not be afforded an opportunity to a legal proceeding.

In no event will Sanders Law or body or any vendor or service provider associated with any of our online efforts be liable for damages of any nature based on any theory of liability, including but not limited to contract, negligence or other torts (including intentional torts), including but not limited to damages for loss of property, loss of profits, lost, compromised or impaired claims, lost savings, lost fees, or any other damages whatsoever, arising out of or relating in any way to the use of this web site. Accordingly, you acknowledge and understand that you use this web site at your own risk and that your agreement to this provision is a material inducement to Sanders Law’s decision to make this web site available for your use.

Sanders Law is committed to protecting your privacy. Security measures for this site have been taken to protect against loss, misuse or alteration of the information you provide; and industry standard encryption methods are used to assure security. Nevertheless, it is crucial that, as a user, you protect against unauthorized access to your password and to your computer and that you always sign off when finished using a shared computer. Further, you should be aware that no system is impenetrable. Thus, it is your responsibility to diligently monitor your credit card statements, bank statements and similar personal information so as to discover and address as quickly as possible any misuse of your personal information."

By providing Sanders Law with the names and account information of those persons or entities to whom you wish to direct payment, you authorize Sanders Law to follow the payment instructions that it receives from you through the software program. When the Service receives a payment instruction, you authorize the Service to charge your transaction account on the selected Scheduled Payment Date and remit funds to the designated payee on your behalf. While it is anticipated that most transactions will be processed and completed on the same day, it is understood that due to circumstances beyond the control of Sanders Law, particularly concerning delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer to post to your account. Sanders Law will use its best efforts to make all your payments properly. However, Sanders Law shall incur no liability if it is unable to complete any payments initiated by you.

In case of errors and questions, you should telephone us at (855) 456-2240 or write us at:
Sanders Law, PLLC
100 Garden City Plaza
Suite 500
Garden City, New York 11530
Accept

Oscar Michelen

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Re: Received a Complaint from BWP Media USA
« Reply #83 on: July 27, 2014, 04:27:39 PM »
That is ridiculous They cannot go into court with a straight face and tell a judge they would not let you know what the infringing image was without you giving up some rights. 

solomonthewise1

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Re: Received a Complaint from BWP Media USA
« Reply #84 on: July 30, 2014, 12:22:24 PM »
I have been dealing with Sanders Law PLLC for a few months and my story is similar to those previously posted. They have offered me a 500 dollar settlement which will be taken off of the table today? Any new news in regards to this firm? The person that contacted me from Sanders was a paralegal by the same of Stacy Berkowitz. My dealings with her have been interesting to say the least. Her email signature is inconsistent--- sometimes she will sign the email as "Stacy Berk" or instead of paralegal it will say "team leader". In her initial call to me, she left me a voicemail in which she stated the wrong celebrity in the image I used.

I am strongly debating on whether or not to just settle today. Oscar if you are on the message board today, can you tell me how effective your defense letter program has been, and if that is the best option for someone that wants to avoid settlement and court altogether...

JLorimer

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Re: Received a Complaint from BWP Media USA
« Reply #85 on: July 30, 2014, 02:52:58 PM »
Can you tell us some more details about your case?  What are the circumstances surrounding the image and the site it appeared on?  What have you told them?  What methods of communication have you used?  What have they told you?

solomonthewise1

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Re: Received a Complaint from BWP Media USA
« Reply #86 on: July 30, 2014, 04:47:39 PM »
I posted the image in question on my blog (www.thebuzzzstop.com) in October of last year and was contacted by Stacy Berkowitz of Sanders Law PLLC in June of this year via phone. They had originally tried to mail me a letter from the law firm in May, but they had the wrong address so I never received it. They managed to come across my phone number and left me a voicemail saying that I infringed on a photo of Miley Cyrus (even though the photo was Julianne Hough).

My blog receives very little traffic, not even enough to receive google's minimum adword payout; I haven't received a penny off of google for ad placement and the blog is more of an outlet than a money making venture. So receiving this type of threat was dumfounding, especially since I pulled the image from creative commons.

The letter they sent me shows that they applied for the copyright in January of this year, two and a half months after I posted the image. It was a 5 page document that discussed my unauthorized usage of the photo and had a picture of the photo I used.

I have been in contact with Stacy via phone and email. She gave me a deadline to respond by a certain date to which I complied, and now, she is requesting that I pay 500 dollars today. The day is slowly ticking away, I guess I have until midnight ET even though that was not stated. They want me to submit my payment online using one of their paysites to settle the matter. They gave me my own little personal code to login and everything.

Any advice today would be great. The responses from lawyers have been mixed. Ive been told by some to take this matter seriously, and ive been told by others that Sanders Law is dealing with so many of these cases that their is a chance that my case gets dropped. From the forums that Ive checked out it looks like many unfortunate people like myself are dealing with these trolls but there is little feedback from those who have settled or had their cases dismissed. Whether or not I hear back from someone today with some advice that will save me 500 dollars, I'll be sure to post how this all shakes out.

Also-- they gave me the "application number" they used to apply for the copyright and wanted me to use that to look up the infringement. I had to dig to find the actual registration number. In the public catalog, however, it does state that BWP is the claimant and it was transferred by written agreement.
« Last Edit: July 30, 2014, 05:15:32 PM by solomonthewise1 »

solomonthewise1

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Re: Received a Complaint from BWP Media USA
« Reply #87 on: July 30, 2014, 07:02:40 PM »
I just settled with these guys for 500 dollars. I just feels like I was taken. I was allowed to pay the money via pay pal and received a receipt of payment that included a "Rights Managed License Agreement". I'd be happy to attach it, so that others can see what happens after settling with Sanders, but I do not see an attachment link here. 


JLorimer

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Re: Received a Complaint from BWP Media USA
« Reply #88 on: July 30, 2014, 09:51:16 PM »
I'm sorry to hear that you feel you were taken.  I sent them a forceful reply in response to the scammy looking letter I received.  I advised them not to continue contact with me unless they were willing to provide certain pieces of evidence.  I have not heard from them since.

I have advised many others to do the same.  However, if paying $500 gives you better peace of mind than waiting for the 3 year statute of limitations to pass, then that is well worth the price.

I would love to take a look at what the settlement looks like.  However, make sure you don't violate any terms of non-disclosure in sharing the information.

Robert Krausankas (BuddhaPi)

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Re: Received a Complaint from BWP Media USA
« Reply #89 on: August 01, 2014, 05:49:39 PM »
Feel free to email me document to share with other ELI members, you can email it to adminATcopyright-trolls.com

(change the AT to @
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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