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Author Topic: New tactic  (Read 1218 times)

TedStryker

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New tactic
« on: September 30, 2018, 10:41:21 AM »
Last year, I got the Youngson demand letter. I paid $10 for his photo license and that was the end of that.

Now I have to deal with a Chistopher Sandwoski photo. I have ignored th Higbee letters for a good 8 months and I have avoided the voice mails. Now they send me a Federal court complaint with no index number with threats they're going to file it unless I pony up $7000.

Having read a few complaints, it's pretty easy to determine it's a really badly drafted mail merge document. Just wanted to know if other people have noticed this tactic.

Ethan Seven

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Re: New tactic
« Reply #1 on: September 30, 2018, 11:33:55 PM »
Infringe much???   How did you get caught infringing twice in seven months by a single law firm?

Sending a copy of a complaint is a very common litigation tactic.   It is usually a final warning shot.  It is also a strategic move to later support a request for the judge to order that you pay their attorneys fees.  They will say they did everything they could to resolve the claim without litigation, including sending you a sample complaint, and you made no offers to resolve it.   That being said, them sending the complaint or sample complaint does not necessarily mean they will file it.

Higbee files a lot of lawsuits for Sadowski.  He has filed a few for RM Media too, but not as many as for Sadowski. 
« Last Edit: September 30, 2018, 11:35:55 PM by Ethan Seven »
Even if I am a lawyer, I am not your lawyer.  Copyright matters can have serious consequences.  If you have assets worth protecting, consult a lawyer who is familiar with copyright law and who can review the facts of your case. If you cannot afford one, call your state or county bar association.

TedStryker

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Re: New tactic
« Reply #2 on: October 01, 2018, 04:55:31 PM »
It’s two times in two years and I used Google Images to get any images that are allowed without permission and we all know how the Youngson honeypot operation goes.

I understand that the sample complaint might be some sort of ploy, but I was just surprised how badly drafted the complaint was.



Infringe much???   How did you get caught infringing twice in seven months by a single law firm?

Sending a copy of a complaint is a very common litigation tactic.   It is usually a final warning shot.  It is also a strategic move to later support a request for the judge to order that you pay their attorneys fees.  They will say they did everything they could to resolve the claim without litigation, including sending you a sample complaint, and you made no offers to resolve it.   That being said, them sending the complaint or sample complaint does not necessarily mean they will file it.

Higbee files a lot of lawsuits for Sadowski.  He has filed a few for RM Media too, but not as many as for Sadowski.

Matthew Chan

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Re: New tactic
« Reply #3 on: October 02, 2018, 03:40:24 PM »
Let's be clear here.  There are almost no images you can use from Google Images without some scrutiny, discernment, permission, or some kind of license.

If you haven't gotten the lesson yet, stop using Google Images to obtain your images.

It’s two times in two years and I used Google Images to get any images that are allowed without permission and we all know how the Youngson honeypot operation goes.

I understand that the sample complaint might be some sort of ploy, but I was just surprised how badly drafted the complaint was.

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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