ExtortionLetterInfo Forums

ELI Forums => Getty Images Letter Forum => Topic started by: RyanHealy on October 16, 2012, 11:41:30 AM

Title: Trollog Defined
Post by: RyanHealy on October 16, 2012, 11:41:30 AM
It's official.

"Trollog" is now part of Urban Dictionary -

http://www.urbandictionary.com/define.php?term=trollog
Title: Re: Trollog Defined
Post by: stinger on October 16, 2012, 11:52:29 AM
Nicely done Ryan!

I am sure that BuddhaPi has some new words he would like to make a permanent part of the urban dictionary that relate to copyright Trolls.
Title: Re: Trollog Defined
Post by: Robert Krausankas (BuddhaPi) on October 16, 2012, 12:11:15 PM
are you egging me on here??

Nicely done Ryan!

I am sure that BuddhaPi has some new words he would like to make a permanent part of the urban dictionary that relate to copyright Trolls.
Title: Re: Trollog Defined
Post by: RyanHealy on October 16, 2012, 12:16:21 PM
Add as many as you like.

It's free!

http://www.urbandictionary.com/add.php
Title: Re: Trollog Defined
Post by: stinger on October 16, 2012, 02:04:50 PM
Egging you on Robert? 

moi? 

I like to think of it as stimulating your creative juices.
Title: Re: Trollog Defined
Post by: gettyouty on June 08, 2013, 12:02:38 PM
Hey i know this is an old thread, but i didnt feel it was needed to start a new one. I have began to receive a series of complains from these guys via email today, listing a bunch of images posted a single thread by the users of my forum.

I have had NO DMCA notices, The images where hosted by a 3rd party NOT ME, they where posted by a user of my forum (anyone is free to register)
WORST OF ALL....... the time stamp in for the forum thread / images is dated back from 2011.  When i tried to check the thread, it has been removed. I cannot be 100% but would guess it was removed at some point in 2011 as i changed the direction of the website at that point

So seriously, DO THEY HAVE A LEG TO STAND ON? chasing me for a post made and deleted over 2 years ago containing images posted and hosted by 3rd parties?

Do i respond to the emails and tell them that? or do i wait for them to send me snail mail? Its crazy there must be 20 or more images listed, in the same thread, of the same celeb, from the same shoot
Title: Re: Trollog Defined
Post by: Robert Krausankas (BuddhaPi) on June 08, 2013, 12:31:21 PM
Do you have a registered agent, and DMCA information clearly visiible on your site? If not that would explain why you hot no notices, and if you don't have a registered agent you would not be covered by the safe harbor that DMCA affords... as for the images in question, if they were "linked" to in the forum thread and not ever uploaded to your servers, then there was no infringment, and Getty Images knows this..refer to perfect10 v google...hotlinking images is not an infringement as no "copy" has been made..
Title: Re: Trollog Defined
Post by: gettyouty on June 08, 2013, 01:32:45 PM
thanks for the fast reply, I guess that does explain the lack of dmca take down request before hand. Although its never been an issue in the past (i guess times have changed, people are greedy)

as i say, No image was ever hosted by me, and even tho i may not have the safe harbor of dmca, the page containing the link was removed long before being contacted (months maybe years, not minutes)

so what do u suggest now?

IGNORE and wait.. guessing these are sent using a robot system?
Reply and tell them that it was never on my server, was already removed and i do not admit any wrong doing?



Title: Re: Trollog Defined
Post by: Robert Krausankas (BuddhaPi) on June 08, 2013, 01:47:01 PM
chances are good they will continue to harass you whether you ignore it or address it. I personally would address it and politely ( or not so politely) inform them that the image in question never resided on your servers, there fore no infringement occured, reference the perfect10 v google case, and also mention that the thread in question was removed over 2 yrs ago.. you might want to include that if they continue to harass you ,you will not only invoice them for your time, but that you will also consider lodging complaints with the washingston state attorney general..
Title: Re: Trollog Defined
Post by: Greg Troy (KeepFighting) on June 08, 2013, 06:00:04 PM
I agree with Robert and am on the side of addressing it if nothing more than a CYA stance.  Robert is spot on with his advice.
Title: Re: Trollog Defined
Post by: Oscar Michelen on June 08, 2013, 09:48:14 PM
Do not overly engage them. I agree with BuddhaPi.
Title: Re: Trollog Defined
Post by: gettyouty on June 09, 2013, 07:56:21 AM
thanks for the advice, my theory was at least repsond

without sounding smug, i intiend to simply outline the facts

Its a community driven site, as such the images where posted by a user of the website
All images where hosted by a 3rd party, I have never hosted any copies of the images in question
The thread / post / page in question was removed long before any notices where given

I realize because i foolish didn't have the correct DMCA notice i dont have much to say in regards to "somebody else posted it" but im well aware that even so i still never committed any offense.. 

not 100% sure if i will mention google v perfect10, at this point or not

thanks again for the advice,

Title: Re: Trollog Defined
Post by: lucia on June 09, 2013, 09:25:31 AM
<i>All images where hosted by a 3rd party, I have never hosted any copies of the images in question</i>
If you are in the US, that's pretty much the end of it. Getty cannot win in court. Mind you, if you engage, they'll likely send you something that claims they could. They are wrong.

What you should do depends on whether you want to position yourself to make a strong case to the Washington State. DA or not.  Since there is no way they can really win in court you could just ignore them. Do nothing, no complaints to the DA etc. Alternatively, you can respond, cite Perfect 10, and wait to see their counter response. If they continue to threaten you after citing Perfect 10, send all the correspondence to the Wa. State DA making the case that these guys continue to press when they know perfectly well the courts have ruled against hotlinking being a copyright violation.

If my case wasn't so stale, I'd write a complaint letter-- because I was in a similar position to you. Unfortunately, I didn't think of it at the time, and Greg came around with this idea a year and a half later.   But people do need to write letter emphasizing that:

1) Getty is certainly aware of Perfect 10, and yet sends out letters for hotlinked images. Checking for hotlinking is trivial, they merely need to look at the url.  Either they don't check which is very bad or worse, they send out letters knowing that the url corresponds to hotlinking.  Given the tone of the letter and the monatary demand, this is a very unethical practice.

2) Even when people respond with Perfect 10, they sometimes reply back not accepting that as evidence that the images was not hotlinked and continue to request money. (At least they did this with me. If they've stopped, that would be good.)

But really, you are in a strong position to complain even if only (1) occurred. You would be able to write a stronger complaint letter than *most* people who complain. (It is an unfortunately irony that the people who have the strongest complaints against Getty are often so relieved when they discover they are free and clear that they don't write the letter of complaint. After all: problem solved! But really, it would be nice if the hotlinkers did write. I wish I had.   But it would be a bit silly at this point. Though.. I dunno. Maybe I should anyway. :) )
Title: Re: Trollog Defined
Post by: gettyouty on June 09, 2013, 09:29:57 AM
thanks again for the reponses here..

JUST A NOTE.. this is not from getty (would appear i maybe posted in the wrong thread? sorry)
this is from CEG TEK International ("CEG") represents AKM Images / GSI Media,

Also, i am not in the US, i am in the UK

Oh and the claim they sent clearly shows it was a hotlinked image.. i didnt get a screen shot and cannot see the post as i mentioned it was delete long before recieving this. BUT the claim contains PAGE = Mydomain FILE = 3rdParty

Maybe i will take your advice on mentioning perfect10 in the hope of stopping this sooner
Title: Re: Trollog Defined
Post by: SoylentGreen on June 09, 2013, 11:19:09 AM
hahaha... "trollog"...
Ranks right up there with "butthurt".

S.G.

Title: Re: Trollog Defined
Post by: lucia on June 09, 2013, 07:20:06 PM
hahaha... "trollog"...
Ranks right up there with "butthurt".

S.G.
Perfect 10 is a US case. It's irrelevant if they sue you in the UK.
Title: Re: Trollog Defined
Post by: SoylentGreen on June 09, 2013, 11:14:39 PM
I was just laughing about "trollog".

But, yes, "perfect 10" is a US precedent.

S.G.
Title: Re: Trollog Defined
Post by: gettyouty on June 10, 2013, 04:13:28 AM
thanks for the heads up on p10 glad i didnt add it in the end. I have sent them a reply outlining everything else here. Now i guess i just have to wait