ExtortionLetterInfo Forums
Retired Forums => Hawaiian Letters & Lawsuits Forum => Topic started by: Robert Krausankas (BuddhaPi) on December 07, 2011, 04:43:48 PM
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A facebook user just received a extortion type letter from Aldrich Law Pllc in San Antonio, Texas on behalf of Hawaiin Art Network...I've reached out to her to see if she would share her letter with us, If so I'll temporarily post it until we can get it on scribd... In the meantime here is said attorneys profile on linked in
http://www.linkedin.com/pub/russell-aldrich/12/86a/873
and from his site:
"Russell Aldrich founded the Aldrich Law Firm, PLLC in 2011. He is a native Texan who spent many of his formative years in San Antonio, graduating from Douglass MacArthur High School in 2001. He returned to the city after moving out of state for military service and then law school. "
:::EDIT:: Texas Bar Profile: http://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=319686
looks like another newbie in my opinion ( have to add that ) Texas License date: 11/04/2011 just a month in, hope he has thick skin!
http://www.aldrichlawfirm.com/attorney-profile
I'm sure I'll have more to add shortly
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Interestingly this attorney's site states the following:
"If a competitor has taken images, text, or trademarks from your website or elsewhere without permission, you may need an attorney. Aldrich Law Firm, PLLC will help you remove the infringing material by sending cease and desist letter, filing a takedown notice, or even by filing a trademark or copyright infringement lawsuit if needed."
somehow I have a feeling the letter he sent wasn't your ordinary cease and desist, I'd be willing to bet there is much more to it...just sayin'
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Newbie here. A website customer of mine received the standard letter from Mr. Aldrich dated Dec. 2 regarding an alleged HAN image. I sent a response to him on Fri Dec 16 basically stating that I'm the responsible owner of the website and for him to contact me and not my customer. I explained the image used was from a site that allowed for free download and represented the image as licensed under Creative Commons.
Mr. Aldrich did respond by email last night (Sun Dec 18) basically restating their position regarding settlement:
"Please note that mere removal does not absolve you of liability under U.S. Copyright Law, and that my client will enforce their rights to the maximum extent possible."
He also ended the email with the following:
"Also, please note that "not knowing" the photos were copyrighted is not a valid defense, nor does it qualify you as an "innocent infringer" under the U.S. Copyright Act. In a recent 5th Circuit Case the court held that a teenage girl downloading music was not an innocent infringer under the meaning of the act; therefore, it's highly unlikely that they would find you - a web developer who ostensibly should know better - were innocent under the Copyright Act.
For these reasons, I hope you will choose your course of action carefully. My client is reasonable and may be willing to lower the settlement price if you are willing to make a reasonable offer.
We very much hope to resolve this amicably."
I am willing to share all communications with the ELI community, but I am not sure how to go about it properly.
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I see he completely did not respond to the fact the image came from a free site along with a Creative Commons license!...Typical bullying tactics at work once again. I'll end you a PM in regards to sharing your documents / emails with the community..
::EDIT:: I hardly think one can compare a teenage girl downloading music to a stock image that was available for download with a CC License...as an attorney you would Mr. Aldrich would realize this..
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Can you please share the link from where the image came from with the Creative Commons license?
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Here's the link: http://openwalls.com/image?id=4116.
I'm going to send you some documents today. Thank you for all that you all do.
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Interesting stuff. I wonder how HAN finds these lawyers?
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Interesting stuff. I wonder how HAN finds these lawyers?
My guess is through Picscout: http://www.picscout.com/partners/legal-partners.html
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Interesting stuff. I wonder how HAN finds these lawyers?
Craigslist!! ::)
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Thanks Lettered - that answers my question. Hey, maybe I should submit my resume?
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Oscar, can't happen. You are a dinosaur I am afraid. You didn't graduate in the 21st century, so it just won't go. LOL.
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:)