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Author Topic: Hawaiian Art Network Settlement Demand Letter Collection  (Read 11504 times)

Matthew Chan

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Hawaiian Art Network Settlement Demand Letter Collection
« on: November 14, 2011, 09:42:35 PM »
Because there has been a flurry of activity relating to attorneys associated with Hawaiian Art Network LLC, it has been increasingly difficult to track the different email communications and documents being shared throughout the ELI forums. As such, we have created the "Hawaiian Art Network Settlement Demand Letter Collection" on Scribd.

http://www.scribd.com/collections/3340796/Hawaiian-Art-Network-s-Settlement-Demand-Letters

Hawaiian Art Network LLC has risen to our watch list because of specific communications to ELI that began with Julie Stewart of Blackline and now being followed up by Peter T. Holt of Roseville, CA.

In fact, we have just received a couple more submissions that Oscar and I are evaluating to make public. If we do release it, it will be posted into this Scribd Collection.

I am greatly disturbed in particular of one correspondence Peter Holt has sent to a letter recipient. I have read this personally and Oscar will be reading it himself soon.  It appears to be a vindictive communication because a community member dared to share the contents of Peter Holt's letter with ELI which we posted online.

http://www.scribd.com/doc/71069382/Attorney-Peter-T-Holt-Settlement-Demand-Letter

In retaliation, he has rescinded their so-called settlement offer. Peter Holt has also hinted in that correspondence that Hawaiian Art Network is in full support of his threats and actions.

However, we cannot yet verify this. It would be stupid for him to speak out of turn without first consulting Hawaiian Art Network. I don't yet know what to believe. Either way, it makes someone look very bad.

It would be helpful if we knew the corporate structure and decision makers that run Hawaiian Art Network. We would be grateful if our community members helped us discover and better understand the corporate structure and management of Hawaiian Art Network LLC. 
« Last Edit: February 05, 2012, 04:56:18 AM by Matthew Chan »
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.

Robert Krausankas (BuddhaPi)

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #1 on: November 14, 2011, 10:06:15 PM »
Head Cheese: GLEN CARNER
MAILING ADDRESS:
1888 KALAKAUA AVE.
STE. C312-355
HONOLULU, Hawaii 96815
UNITED STATES

"Official Blog" - http://hawaiiart.wordpress.com/

Twitter: http://twitter.com/#!/808art


more to come......
« Last Edit: February 05, 2012, 04:54:54 AM by Matthew Chan »
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

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Robert Krausankas (BuddhaPi)

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Hawaiian Art Network - Artist List
« Reply #2 on: November 15, 2011, 08:05:15 AM »
The following is a listing of artists associated with Hawaiian Art Network..not all are photographers and I have not cross referenced to see which ones if any are may be seeding wallpaper sites.....


Arthur Johnsen
Bernard Gomes
Beth Marcil
Bryan Lowry
Carol and Michael Schwarz
Curt McManus
Danny Braddix
Deborah Wilson
DK Nagano
Gary Duarte
Glenn and Dorie Likong
Glenn Schot
Henani Enos and Olu Saguid
Herb Kane
Iris Lambert
Jana Schot
Kalamakuloa
Karen Davidson
Katherine Dement
Kaypee Soh
Kellie MacQuoid
Lynn Wiley
Lynne Boyer
Margaret Stanton
Mary Spears
Michael Van Dorn
Mike Sakamoto
Pati O'Neal
Patrick Ching
Petroglyph Studios
Renee Coates
Rick Makanaaloha San Nicolas
Rick Sharp
Rod Cameron
Ron Dahlquist
Roxanne McCann
Ryan and Kahelena
Shelly Maudsley White
Steve Simon
Steve Sundram
Steve Williams
Sunny
Thomas Deir
Tom Clarke
Vincent K. Tylor

« Last Edit: November 15, 2011, 04:55:41 PM by buddhapi »
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..

Robert Krausankas (BuddhaPi)

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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..

SoylentGreen

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #4 on: November 15, 2011, 04:27:26 PM »
The above is a good find, Buddhapi.
Apparently, they also search for "text" documents online, also.
Righthaven, anyone?

S.G.
« Last Edit: February 05, 2012, 04:56:40 AM by Matthew Chan »

Matthew Chan

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #5 on: November 15, 2011, 07:01:27 PM »
Wow, good running start here. Amazing the talent we have on our payroll.   ;D

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.

Robert Krausankas (BuddhaPi)

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #6 on: November 16, 2011, 08:02:50 AM »
A little info regarding copyrightserviceinternational.com

"Revenue sharing agreements with zero upfront costs are available.  Let us tailor a copyright protection package for you so you can use the internet to effectively market your work while our global team of intellectual property specialists protect you every step of the way."

.....hire us, we'll hire P.S., retain counsel and take a portion at the end.......

"Our goal became to embrace the power of internet distribution while ensuring that revenue resulting from commercial usages was licensed or collected retroactively on the behalf of rights holders." 

.....seeding of images on FREE wallpaper sites, then collect "retroactively"......
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..

Jerry Witt (mcfilms)

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #7 on: November 16, 2011, 01:26:14 PM »
Yes it does seem like that is the message when you read between the lines. I wonder if the attorneys they choose to send these letters out know about the whole game, or if they are duped into believing they are the "good guys." At what point does someone think it is a good idea to spread the images out on as many "free wallpaper" sites as possible, not offer the image for sale, but later threaten legal action unless a large fee is paid.

I sure wish attorneys like Brandon Sands and Julie Stewart had chosen to participate in an open dialogue on this forum rather than presumably trying to suppress this information through issuing DMCA complaints.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

SoylentGreen

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #8 on: November 16, 2011, 04:45:26 PM »
The lawyers probably had no hand in posting the images on wallpaper sites far and wide.
But, I suspect that they know more about all of this than they'd let on.
All three lawyers are extremely aggressive about subverting information.

I mean, phony DMCA takedown notices?
That's all the evidence that I needed...

S.G.
« Last Edit: February 05, 2012, 04:57:42 AM by Matthew Chan »

Matthew Chan

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #9 on: November 16, 2011, 06:40:12 PM »
SG,

I am quite convinced they know that what we have posted is not copyrighted material.  These are supposedly copyright lawyers and so they will be held to a higher standard and should what is copyrightable and what is not. Oscar and I have explained to them that their business communications they send out is not protected under U.S. copyright law and they know it. 

What they have just done (especially Julie Stewart in trying to suppress an email she sent directly to us) is created liability exposure for themselves as described in 17 USC 512(f) for knowingly filing a false claims in a DMCA takedown notice. I have no problems in saying that IF they decide to open that Pandora's box and a lawsuit lands on my doorstep, you can believe there will be boomerang consequences.

This excerpt from http://www.citmedialaw.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content says it all.

For instance, in Online Policy Group v. Diebold, Inc., 337 F. Supp. 2d 1195 (N.D. Cal. 2004), two students and their ISP sued voting machine manufacturer Diebold after it tried to use DMCA takedown notices to disable access to Internet postings of the company's leaked internal email archive. The court granted summary judgment to the students and ISP on their claim, finding that portions of the email archive were so clearly subject to the fair use defense that "[n]o reasonable copyright holder could have believed that [they] were protected by copyright." According to the EFF, Diebold subsequently agreed to pay $125,000 in damages and fees to settle the lawsuit.

I also have to believe that Canadian lawyers are held to a high professional conduct and not allowed to engage in frivolous complaints. It would be tragic if it got so far that people would have to file a formal written complaint to the Canadian Bar Association (or whatever they are called there).  Can someone check that out for me who Canadian lawyers report to?

The lawyers probably had no hand in posting the images on wallpaper sites far and wide.
But, I suspect that they know more about all of this than they'd let on.
All three lawyers are extremely aggressive about subverting information.

I mean, phony DMCA takedown notices?
That's all the evidence that I needed...

S.G.
« Last Edit: February 05, 2012, 04:57:04 AM by Matthew Chan »
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.

Robert Krausankas (BuddhaPi)

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #10 on: November 16, 2011, 06:51:18 PM »
Law Society’s Professional Conduct Department
Mail: 845 Cambie Street, Vancouver BC V6B 4Z9
Fax: 604.605.5399

The Law Society is the organization that licenses all BC lawyers. It protects the public by setting professional standards of conduct and competence for lawyers; it monitors, evaluates, and disciplines them.

The Professional Conduct Department has commercial crime investigators, forensic auditors, and lawyers. The Department reviews all complaints against lawyers, as follows:

First, the Department decides if they have the authority to investigate your complaint. If not, they close the file. If they have the authority to investigate, they look into your complaint in detail and contact the lawyer for a response – so the lawyer will learn of your complaint. Then, they do one of the following things:

Take no further action if the complaint cannot be proved or does not show conduct serious enough to justify further action.
 
Send the complaint to the Practice Standards Committee if competency is the issue. That committee decides if the lawyer needs to upgrade skills, change their practice, or obtain other guidance.
 
Send the complaint to the Discipline Committee if there are ethical concerns or breaches of Law Society rules. That committee decides if there should be a review of, or a formal disciplinary hearing into, the lawyer's conduct.
Law Society discipline hearings are like court hearings – Law Society staff present the case against the lawyer and the lawyer gives his or her side of the case. A hearing can lead to:

A reprimand (a warning) of the lawyer.
A fine up to $20,000.
Conditions controlling how the lawyer works.
Suspension of the lawyer from working as a lawyer or from working in one or more areas of law (with or without conditions) for a certain time.
Disbarment of the lawyer (meaning the lawyer cannot work as a lawyer).
For more information on the complaint process, phone the Law Society at 604.66

http://www.cba.org/bc/public_media/lawyers/436.aspx
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..

SoylentGreen

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #11 on: November 16, 2011, 06:54:32 PM »
I think that you'd be interested in the "Law Society of Upper Canada":

http://www.lsuc.on.ca/

Complaints:

http://www.lsuc.on.ca/with.aspx?id=644

S.G.
« Last Edit: February 05, 2012, 05:01:32 AM by Matthew Chan »

Robert Krausankas (BuddhaPi)

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #12 on: November 16, 2011, 07:00:26 PM »
Thanx for the correction! and the geography lesson...never knew there was an upper/lower
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..

SoylentGreen

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #13 on: November 16, 2011, 07:08:16 PM »
"Upper Canada" is in fact Southern Ontario.
Strangely, "Lower Canada" refers to a northern part (Newfoundland, Labrador and a section of Quebec).
These terms go back to the time of the British Colonies.

But, I don't expect anyone south of the Mason-Dixon line to know all this.  lol.

S.G.
« Last Edit: February 05, 2012, 05:01:45 AM by Matthew Chan »

Matthew Chan

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Re: Hawaiian Art Network Settlement Demand Letter Collection
« Reply #14 on: November 16, 2011, 07:10:05 PM »
Fortunately, we have you that knows the Canadian environment well.  Keep educating. We are all ears.

"Upper Canada" is in fact Southern Ontario.
Strangely, "Lower Canada" refers to a northern part (Newfoundland, Labrador and a section of Quebec).
These terms go back to the time of the British Colonies.

But, I don't expect anyone south of the Mason-Dixon line to know all this.  lol.

S.G.

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.

 

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