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ELI Forums => Higbee Associates Letter & Lawsuits Forum => Topic started by: Matthew Chan on February 07, 2017, 03:24:56 PM

Title: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 07, 2017, 03:24:56 PM
I have received new information that Higbee & Associates is now sending out template lawsuits along with their written communications to help give more teeth to their enforcement attempts. This follows the last report I made regarding Higbee's office being more assertive and making phone calls to letter recipients.

One important piece of information that appears to have been uncovered is that Nick Youngson appears to operate as RM Media Ltd.

The first record I found on RM Media Ltd. (Hilton Hall, Hilton Lane, Wolverhampton, England, WV112BQ) is this one:
https://beta.companieshouse.gov.uk/company/07478681/filing-history

It was incorporated in December 29, 2010 and then dissolved on January 31, 2012. I cannot tell exactly but it might have been he did not pay his annual registration fees so it was dissolved by the registrar agency.

However, I found another RM Media Ltd. registration. It is from 2016. Check out these two links:
https://beta.companieshouse.gov.uk/company/10103835/filing-history
https://www.endole.co.uk/company/10103835/rm-media-ltd

This one was filed recently in April 5, 2016.

I don't know the legalities here and will look into this further but Higbee is implying (through the template lawsuit) that if Nick Youngson decides to take court actions in the U.S., it would be under RM Media Ltd., NOT under his personal name. However, all the copyright registrations I have seen so far are under his name, NOT RM Media Ltd.

It is conceivable and possible for Nick to file a lawsuit in the U.S. under RM Media Ltd. but I believe there might be some legal acrobatics required to do so since the copyright registrations are under his name as an individual. Generally speaking, only copyright holders can file lawsuits unless there is some transfer or assignment of copyright.

Similar tactics were seen in the Righthaven lawsuits (several years ago and subsequently put out of business by its many enemies). Federal court judges frowned upon transfers and assignments for the sole purpose of filing copyright infringement lawsuits. Any copyright infringement defense lawyer would probably want to ask and probe for such documents to find out why RM Media Ltd. are bringing any potential lawsuits, and not Nick Youngson, personally.

As always, check back for additional reports and information we uncover.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Defender on February 08, 2017, 03:25:32 PM
Just received the template lawsuit accompanying yet another demand letter.  Plaintiff is listed as RM Media Ltd yet copyright registration certificate is in the name of Nicholas Youngson.

Now what?
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 08, 2017, 03:35:53 PM
There is nothing actionable at this point. This is simply informative for people to understand the subtleties that often go unnoticed or understand the relevance.  People just see the template lawsuit and it means very little to most people because they don't look at some of the details as closely as I do.

I don't think it will be so easy to explain any lawsuit that might be filed under RM Media Ltd. when the copyright certificate is in Nick's name.  That is my point. It is an issue to consider and argument point in my view.

Now what?
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Defender on February 08, 2017, 03:45:29 PM
Thanks Matthew.  They gave a 15 day time frame in which to respond otherwise they claim they'll file the suit.  I'm just gonna wait it out.

Question:  can a UK company file in a U.S. Federal Court?  I understand that even U.S. corps need to be registered "to do business" in a State in order to avail itself to the State courts.  Not sure if this applies to Federal courts as well. 

Also, is this a typical Higbee strategy at this point?  Are many other having the same situation? 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 08, 2017, 04:12:23 PM
Higbee & Associates as the new kid is traveling a road we have seen in the past.  As word gets out on them (because people keep reporting information to me), they are bumping around in the night trying different (but familiar to us) tactics and strategies to intimidate people into paying.

Higbee is traveling down a path very similar to Timmy McCormack who used to work for Getty Images.

And yes, there are MANY people getting Higbee letters over the Youngson lack of attribution issue.  It is turning out to be one nice honeypot for Youngson and Higbee.

I continue to be surprised by the number of people being ensnared in all this.

And I believe a UK corporate entity could hire a US lawyer to represent their interests in a lawsuit. But that doesn't mean it would go very far either. It all depends on how much work and effort they want to pursue. It also depends on how savvy and determined a defendant is also in fighting back.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Defender on February 08, 2017, 04:21:01 PM
Thanks again Matthew. 

But, as far as you are aware, RM and Youngson (via Higbee) has yet to sue anyone?
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Five Zs on February 10, 2017, 09:27:56 AM
Am I correct in the assumption Youngson is only filing under his company to shield his personal assets from counterclaims or whatever else could (and eventually will) go wrong from his scheme?

I wanted to thank you for this site. My family has four lawyers in it, and they all pounced on this immediately after my letter from Higbee, and the summary is just as you've been preaching... these form letters are designed to scare the shit out of you, but the numbers are based on a great deal of worst case scenarios that I'd wager most of us aren't even in. Willful infringement (the $750 to $125000 number they will keep shoving down your throat) is not an easy sell for any plaintiff (unless you gave them the middle finger and left the image up), and it would be nightmare-level difficult in Youngon's case with his setup... judges aren't stupid. Legal fees from the defense aren't even close to guaranteed either. Youngson would risk going in the red with most of these innocent infringement cases when the statutory doesn't offset the cost to file and the legal fees.

That being said, two of my family lawyers think Higbee is going to sue everyone anyway. If you dodge the dozens of planted reviews and false 5 star ratings, and even some fake comments from people who supposedly got sued and lost thousands because they rubbed him the wrong way... there's a lot of reviews and complaints that this firm has screwed clients. You combine that with this guy's obvious desperation to seem legitimate ("we are a NATIONAL LAW FIRM. I promise. Guys I'm serious. I promise its not just 2 dozen virtual offices.") I guess I could see him wanting to make some noise, regardless if it benefits his client or not. I hope they're wrong, a lot of legitimate businesses stand to suffer a lot of unwarranted stress for this guy's little man complex.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Defender on February 10, 2017, 12:09:41 PM
First, I don't understand how RM Media has standing to sue when they are not the named copyright registrant.

Secondly, when they are faced with the entrapment defense, even if unsuccessful, the legal fees alone should make this a losing proposition for Youngson and Higbee.   

Nevertheless, I don't like just sitting back and hoping they don't sue. 

Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 11, 2017, 12:51:25 AM
Not that I know of.

Thanks again Matthew. 

But, as far as you are aware, RM and Youngson (via Higbee) has yet to sue anyone?
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 11, 2017, 12:57:33 AM
RM Media hasn't sued yet that I know of. They have only implied they might. You may not like sitting back but unless you decide to learn to live with the uncertainty or settle, that is largely what most people have to do.

I have said very often anyone can sue anyone for any reason. But it doesn't mean it will go very far or go all the way.

People can't have it both ways. If you don't want to settle or pay, fine, but then people have to learn to live with it and fight back.  It is a 3-year wait for that statute of limitations. So everyone needs to mark their calendars to ride the clock out.

I hear from people all the time saying "I want the letters/threats to stop". Well, that is a wet dream for most people. Negotiate and settle or get on Oscar Michelen's Defense Letter Program for $200-$250.

First, I don't understand how RM Media has standing to sue when they are not the named copyright registrant.

Secondly, when they are faced with the entrapment defense, even if unsuccessful, the legal fees alone should make this a losing proposition for Youngson and Higbee.   

Nevertheless, I don't like just sitting back and hoping they don't sue.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Defender on February 11, 2017, 01:30:44 PM
Thank you Matthew.  Appreciate all that you do on this site.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Defender on February 14, 2017, 01:35:50 PM
I did some further research and investigation on Higbee.  It appears they have brought several copyright infringement suits in Federal Court around the country.  I've seen approximately ten suits from 2015 to date.  All suits are filed on behalf photographer plaintiffs (not Youngson or RM Media) and utilize the same cookie cutter complaint.  A review of the dockets for each case show that most did not last long and ended in a voluntary dismissal which leads me to believe that the defendant's settled up quickly.  Again, I found no suits brought by Youngson or RM, but definitely a bunch of similar type suits brought by Higbee. 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 14, 2017, 04:17:03 PM
List the cases that Higbee filed and let us get some eyeballs on it.

And yes, filing a lawsuit has a way of motivating settlements but it is not without its risks.  A risk of a countersuit by a creative individual tends to gum up the works.  Or some might be willing to go all the way in front of the judge to plead their case. Pro se people are able to do this with minimal expense. Lawyers HATE dealing with pro se defendants because there are many pitfalls and minefields that came up.

Also, there is the matter of some defendants actually being "collectable" or not otherwise it ends up being a paper judgment. There is also the matter that the media is more prone to stick their noses into such cases and cover the matter.  This does not enhance the overall goodwill of those who recklessly pursue everyone indiscriminately.

If it was such a foolproof method, there would be far more lawsuits filed.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Defender on February 20, 2017, 12:07:34 PM
Here are the most recent cases I've found filed by Higbee:

1.  Alex Maxim v. Skin Body Lounge, LLC, Case #17-00923 - C.D. Cal - filed 2/13/17

2.  Alexander Wild v. Core Pest Solutions, LLC, Case #17-00092 - W.D. Tex - filed 2/8/17

3.  Lived In Images, Inc. v. Arturo Fis, Case #16-01249 - C.D Cal - filed 7/16/16 - voluntary dismissal filed 8/23/16

4.  Jorge Salas v. Antonio Sandoval, et al., Case #16-02276 - C.D. Cal - filed 12/29/16

5.  Alex Wild Photography v. Griffin Pest Control, LLC, Casae 16-00010 - W.D. Tex - filed 1/6/16

Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 20, 2017, 01:59:03 PM
It seems we have now established that Higbee has filed lawsuits on behalf of its clients but it is important to understand that the CLIENT has to agree and likely foot the bill for such an action. There is a fair chance that Nick Youngson/RM Media may want to test the waters by selectively choosing a victim to go after. By virtue of Higbee being in California, a victim in California is the most efficient for Higbee.  However, Youngson/RM Media is based in the UK which might present an extra obstacle/challenge to get over.

The general pattern in this set of lawsuits you shared is that most are focused in California.  They also fit the general pattern that traditional  brick and mortar businesses seem to be receiving lawsuits, not people who work at home.

Getting a lawsuit is no fun but it is not a catastrophic event. Having said that, as a practical matter, I do think some people are better off than others to try to negotiate a settlement at some point. It is a very personal choice. There is a fine line between rolling over too quickly and being an easy mark and putting up some resistance to get a better settlement.

Everyone pays one way or another. Even the people who don't financially pay expend lots of energy researching, reading, and worrying.  And there are people who are more risk-averse, more prone to stress, losing sleep, and getting ulcers, those are the people I recommend settling the matter.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: someco on August 22, 2017, 10:44:58 AM
Hello, just wanted to post here that my corporation has received this template lawsuit with the $5k demand.
I have posted previously - been dealing with this since Dec 2016.
It progresses from emails and 1 letter to more emails and letters to this particular letter with copy of the lawsuit. Same situation where it is from RM Media Ltd but the copyright is in Nicholas Youngson's name.
Thanks Mathew for pointing out the discrepancy in copyright ownership - definitely an important point.
Matthew, Robert or anyone here - Any other updates here recently or anyone seen actual lawsuits filed for Youngson especially in California? Thanks.
This is getting a bit crazy. Looks like they have a well-oiled machine going.

FYI Higbee does have several more lawsuits in the last few months, most notably several for the photographer Wild. Latest PACER list as below. Some are being closed out, but I don't know how to tell if these are settled.
party_name   court_id   cs_date_filed   cs_date_term   case_title

HIGBEE, MATHEW K   cacdce   8/4/2017      Rose Guerra v. Verizon Wireless et al
HIGBEE, MATHEW K   cacdce   8/4/2017      David Behr v. Dataline Credit Corp. et al
HIGBEE, MATHEW K   cacdce   7/21/2017      Alicia Ho v. Halsted Financial Services, LLC et al
HIGBEE, MATHEW K   cacdce   7/14/2017      Jeffery R. Werner v. Zhenyu Song et al
HIGBEE, MATHEW K   cacdce   7/7/2017      Alexander Wild v. Nakia J. Isaac
HIGBEE, MATHEW K   cacdce   6/15/2017      Michael Grecco Productions, Inc. v. Wrapmarket, LLC.
HIGBEE, MATHEW KIDMAN   txwdce   5/25/2017      Wild v. Webtegrity, LLC.
HIGBEE, MATHEW KIDMAN   txsdce   5/22/2017      Sadowski v. BackChina, LLC.
HIGBEE, MATHEW K   cacdce   5/17/2017   8/17/2017   Jeremy Nicholl v. Here Media, Inc.
HIGBEE, MATHEW KIDMAN   txwdce   5/11/2017      Wild v. Advanced Termite Control, Inc.
HIGBEE, MATHEW KIDMAN   txsdce   5/5/2017   5/31/2017   Wild v. Cypress Creek Pest Control, Inc.
HIGBEE, MATHEW KIDMAN   txwdce   4/12/2017   8/2/2017   Wild v. JASCO, Inc.
HIGBEE, MATHEW K   cacdce   3/27/2017   8/1/2017   Alexander Wild v. Legacy Termite Control, Inc.
HIGBEE, MATHEW KIDMAN   txwdce   3/27/2017   5/15/2017   Wild v. Atlanta Environmental Pest Services, Inc.
HIGBEE, MATHEW KIDMAN   txwdce   3/27/2017   6/13/2017   Wild v. Allergy & Asthma Associates of Connecticut, LLC.
HIGBEE, MATHEW K   wawdce   3/24/2017      Keatley v. Los Angeles Review of Books et al
HIGBEE, MATHEW KIDMAN   txsdce   3/23/2017      Skoogfors v. Connie Barnaba & Associates, Inc.
HIGBEE, MATHEW KIDMAN   txwdce   3/8/2017   7/27/2017   Wild v. Evergreen Growers Supply, LLC.
HIGBEE, MATHEW KIDMAN   txwdce   3/7/2017   5/8/2017   Wild v. Florida Environmental Pest Management, Inc.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: kingkendall on August 22, 2017, 11:33:34 AM
If you look at that listing of lawsuits most if not all the defendents are corperations or a busness entity of some sort.  They're not filing suits against Joe Blow website who runs a blog on classic cars.  They're going after money business who might look at the suit as a nusiance case and quickly settle.  That's exaxtly what Higbee is lookinmg for because he isn't a intellectual property lawyer.  Filing the suits against the money outfitsd serves another purpose of scarying the little guy into thinking they may be next.  It's all a coersion game and that the business Higbee is in, getting settlemets not filing a case in Fed court.  You're not the only one in this position.  You're one of hundreds if not thousands.  And if by a very small chance Higbee filed against you, the last thing he wants to see is a counter suit and you putting your case. 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on August 25, 2017, 03:11:04 AM
Given that you are knowledgeable of Pacer, your information is going to be just as good as anything we have from a filing lawsuit standpoint.  Just continue to monitor RM Media Ltd and Nick Youngson's names.

The central issue is whether Youngson/RM Media will eventually file a lawsuit in the U.S. But because Higbee is based in California, I imagine that would be the first place to file. It would be the easiest. But I think Youngson's situation is fraught with problems that a judge would not like to see in a case. That is my non-lawyer opinion.

There is no question that anyone that is being accused of infringing a Wild image has a higher risk of being sued.

And regarding the cases that are being closed out?  I would bet a lot of money that they are being closed out because they are being settled.  Having a lawsuit being served tends to motivate most people into settling and that is probably what is happening.

Higbee is probably pretty happy that people are publishing all the lawsuits he has filed on behalf of Wild and his other clients. It is free PR that sends a general message to the world at large "settle or we will sue".

Only the intellectually curious will drill down and make better distinctions to what is going on. And many of us do exactly that. We don't accept things at face value.


It progresses from emails and 1 letter to more emails and letters to this particular letter with copy of the lawsuit. Same situation where it is from RM Media Ltd but the copyright is in Nicholas Youngson's name.
Thanks Mathew for pointing out the discrepancy in copyright ownership - definitely an important point.
Matthew, Robert or anyone here - Any other updates here recently or anyone seen actual lawsuits filed for Youngson especially in California? Thanks.
This is getting a bit crazy. Looks like they have a well-oiled machine going.

FYI Higbee does have several more lawsuits in the last few months, most notably several for the photographer Wild. Latest PACER list as below. Some are being closed out, but I don't know how to tell if these are settled.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: someco on August 29, 2017, 10:57:33 AM
Thanks Matthew. Do you know if Oscar Michelen is still doing the Defense Letter program? I have sent an email and called but not heard back, so wondering if he is no longer (or not currently) offering the program. Perhaps he is just busy, which is understandable of course.
Thanks.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: rdreich on September 13, 2017, 05:25:52 PM
Hi Matthew:

Thank you for doing this - the information is invaluable.

I just received a Higbee/RM Media form letter, requesting (extorting) a payment of $5,280 for use of 2 photos I used on my website.  A writer I contract to write content for my websites downloaded the photos from Creative Commons and placed them on our sites without following the attribution instructions (he claims he didn't see them as he typically only downloads free photos.

Upon receiving the letter, I immediately removed the offending photos and sent him an letter and email telling him we took them down and hope that settles it, as I don't have the money to pay (true).  As I am incorporated and in California, I guess he assumes I'm an easy mark, because an associate wrote me back and basically repeated what was in the original letter.

I was thinking of hiring an attorney but it pisses me off that I would have to spend a cent on this bottom-feeder.  Any advice would be greatly appreciated.  If you feel that Oscar Michelen’s letter campaign makes sense in my case, I would definitely consider that.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: kingkendall on September 14, 2017, 12:17:31 PM
@ rdreich

Making contact with Higbee was a mistake because you're not dealing with honorable people.  But, that's water under the bridge now.  Hiring a lawyer to deal with it cost money.  Perhaps the cost can be written off as a busniss expense and that may be of benefit to you and your busness.  Or there's this option.  Do nothing, get educated on copyright trolls by reading this forum extensively.  In the meantime you're going to get more letters, emails, calls maybe to preasure you to pay up.  No one on this forum will tell you what to do.  But, there's a lot of good information to make an informed decision for yourself.  Here's the bottom lime: There's two types of people who deal with trolls.  Low hanging fruit- people who are quick to pay up.  Tough breeds-Those who don't pay despite all the letters, emails or phone calls.  Copyright trolls love low hanging fruit.  Which one do you want to be? 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: rdreich on September 14, 2017, 03:12:54 PM
Thank you, KingKendall.  I regretted sending the email shortly after I sent it.  That was my attorney's free advice, but it's obvious he isn't familiar with these copyright trolls.  I choose to be one of the "tough-breeds," as I truly believe these guys have set it up to entrap people.  I am going to dig into this website and learn what I can about how best to handle these trolls.  I will look into Oscar Michelen’s Defense Letter Program, if that's still available. 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on September 14, 2017, 08:38:16 PM
Oscar Michelen's Defense Letter Program is still very much available for those who prefer professional representation vs. handling it yourself.

It isn't a high-priority service. Sometimes there are delays in communications but Oscar still accepts clients.

Follow the instructions on this page:

http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscar-michelens-defense-letter-program/

Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: revo816 on September 16, 2017, 02:25:45 PM
I too have received a Higbee extortion letter just yesterday asking for $12,400 in damages for three free creative commons photos I used. I have a small business that has a blog that almost no one reads since it is so new. I pick up photos from a google search using creative commons. However, like others on here, I did not give attribution. When I got the letter I immediately took down the photos. I now am looking for ways to make sure all future photos are paid for since there are packages out there that are pretty cheap.

The letter was pretty detailed listing the statutes the power of attorney agreement and even copies of the copyrights.

I am appalled by the deceptive and coercive tactics of Higbee and Youngston. We need to let everyone we know via every channel of communication we have not to ever do business with these people and to not use Youngston's photos free or not.

You know image and content producers make their living by publicly putting their product in the market. If everyone knows to beware of RM Media and Youngston it should hurt his business significantly and he deserves to be hurt.

Is there a way to contact google so we can get him excluded from google image searches since he is running a honeypot scam using their service to do it? Seems like google would not want to be a part of this mess.

Anyway, my little company has no money and could not pay even the minimal damages. But I did think of another tactic that may work.

My business is an LLC in Florida, and Youngston is in England, and Higbee is in California. I wonder if it would be effective to file a small claims suit against both of them compelling them to come to Florida and defend against my small claims suit. Then sue them for the amount of wasted time of my work which is $250 per hour as a consultant. This could be a possible deterrent against further action against me. Since it would cost more than the $12,400 for them all to come here and defend against my small claims suit.

What do you think?
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: sbausman on September 18, 2017, 01:28:36 PM
REVO816, how about a class action suit (and anyone else that wants to join)?  We just received an extortion letter for $5280.  We are in PA.
We used one image, but our Creative Commons License was noted on the footer.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: revo816 on September 18, 2017, 02:38:47 PM
I would be happy to participate. We would need to find a good lawyer to represent us. Someone that has litigated these types of issues before, and has the power to see it through.

Unfortunatley I do not know much about the law and lawyers. But maybe someone else on here knows if it is a potential opportunity for a class action suit. There may not be enough here to warrant since all I have gotten so far is a threatening  letter. Some of the other folks  who have been vicimized the the extortion maybe have more of a case.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: kingkendall on September 18, 2017, 04:44:18 PM
I don't see a bssis for a class action suit based on getting a demand letter.  What you have here is hundreds if not thousands of folks getting the same letter.  It's a volume scumbag business.  Some people freakout and run to pay cuz they're so afraid of being sued.  Others roll with the punches, get educated on what to do and deal.  How one handles it depends on the individual.  This forum is a place to get strong knowing others have gone through what you're going through. 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: sbausman on September 18, 2017, 10:03:29 PM
I agree Kingkendall, he's a scumbag, but I want to see him go through the same suffering (time and money) that's he made everyone else indulge in. He's definitely an extortionist that needs to be stopped.  A class action suit might just be what we are looking for. 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Robert Krausankas (BuddhaPi) on September 19, 2017, 12:42:12 PM
"class actions" have been discussed many time here...not going to happen, one does not simply file a class action...one files the suit with many "does" or defendants and a judge decides if it is worthy of being a "class", which is not likely... what would be more "stinging" is if a bunch would band together and each file their own suit..imagine 50 people filing seperately, what a time suck that would be, Higbee would need to spend time/resources to answer and respond to each complaint.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: clist on September 19, 2017, 09:38:09 PM
"class actions" have been discussed many time here...not going to happen..

If enough people ended up in court behind this charade I could see it happening in the form of counter-suits..

Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: sbausman on September 20, 2017, 02:19:48 PM
I think we may consider countersuing.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on September 21, 2017, 11:16:36 AM
Has anyone gone on the offense with these guys (any of them, not just Higbee) and sent a Spoliation of Evidence letter to make the impression they aren't going to get the default judgment they are probably looking for and that their client is going to be put through detailed discovery if they persist?

Just wondering if being aggressive gets better results for most people since the trolls usually look for the easy mark with their fee being contingent.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Robert Krausankas (BuddhaPi) on September 21, 2017, 12:38:52 PM
I think we may consider countersuing.

Have they filed suit against you? or do you mean filing suit first? a case worth watching is the mywebgrocer v adlife, where mywebgrocer filed suit against adlife and is attempting to get a default judgement, been going on a while now and it does not look like either side is going to cave ( yet) a win for mywebgrocer would not bode well for adlife / higbee going forward.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: kingkendall on September 21, 2017, 12:39:41 PM
Being agressive with a copyright troll is a better course of action in my opinion if they file suit.  That's the last thing they want.  They prefer the scared rabbit that gets easily shook.  They want low hanging fruit cuz that where they make the most of their money.  Counter suing should be a given if they file a case.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on September 23, 2017, 07:31:25 AM
I'll report back my Higbee results once the matter ends, in case they are listening here. There are just so many obvious sloppy issues in their extortion attempt I'd be surprised if it ends well for them.

I looked into the letter program here but a $450 fee for an issue where I'm confident my damages would be $200 is a little too rich for me, and they would have to pay the filing fee and process server plus court time to get the $200.

Plus Youngson would need to come to the US which I don't see happening, especially if the rumors of him switching to the Sanders law firm are true.

Until then, go and dislike Higbee's recordgone YouTube videos to make his real business suffer for his new troll identity. Every YouTuber I know says dislikes do sink placement in search results.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: sbausman on September 27, 2017, 01:53:14 PM
We just received this from Higbee.  I find this very scammy, especially talking about business insurance coverage.    Thoughts?

Hello,
My name is Daniela,  I am a Claim Resolution Specialist at the Law Firm of Higbee & Associates. The case was transferred to me.   My job is to help resolve copyright claims without them having to go to court. 
I am not one of the attorneys.  I have about 14 days to try and resolve this claim before the claim gets escalated to the attorneys.  The claim gets more stressful and expensive when it gets moved to the attorneys— my goals is to not let that happen to you.Here are a couple of things that can help solve this potential problem:
First, if you have a license for the image that was purchased prior to the image being used, please let me know and provide it to me via email.
Second, most business liability insurance policies covers this type of claim.  Please contact your insurance provider.  If they say they do not cover this type of claim, I will be glad to have one of our attorneys review your policy to see if they are wrongfully denying you coverage.  It is in both of our interests to make sure your insurance provider is not denying you coverage that you paid for.If you did not have a license or proper business insurance, we can talk about how to come to a reasonable resolution. 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on September 27, 2017, 02:27:03 PM
I'm not an expert, but I would seriously consider giving that evidence to the Bar disciplinary committees for the states they are licensed in. He is representing an adversary to you and then making an offer to represent you for the business insurance. Looks like a conflict of interest to me plus a deceptive way to obtain evidence of your insurance which he is going to use in his case against you. Not an expert, but I would definitely file that with the Bar.


We just received this from Higbee.  I find this very scammy, especially talking about business insurance coverage.    Thoughts?

Hello,
My name is Daniela,  I am a Claim Resolution Specialist at the Law Firm of Higbee & Associates. The case was transferred to me.   My job is to help resolve copyright claims without them having to go to court. 
I am not one of the attorneys.  I have about 14 days to try and resolve this claim before the claim gets escalated to the attorneys.  The claim gets more stressful and expensive when it gets moved to the attorneys— my goals is to not let that happen to you.Here are a couple of things that can help solve this potential problem:
First, if you have a license for the image that was purchased prior to the image being used, please let me know and provide it to me via email.
Second, most business liability insurance policies covers this type of claim.  Please contact your insurance provider.  If they say they do not cover this type of claim, I will be glad to have one of our attorneys review your policy to see if they are wrongfully denying you coverage.  It is in both of our interests to make sure your insurance provider is not denying you coverage that you paid for.If you did not have a license or proper business insurance, we can talk about how to come to a reasonable resolution. 


Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on September 28, 2017, 04:44:37 PM
That is what I have been saying all along.

People keep looking at Higbee because he is the "front man" but Youngson is conveniently hiding out in the UK. If he filed a lawsuit (Under who? Youngson or RM Media?), he would have to show up.

And regarding the "rumors" of switching to Sanders, I would like to know more. I have not heard this.

Plus Youngson would need to come to the US which I don't see happening, especially if the rumors of him switching to the Sanders law firm are true.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on September 28, 2017, 07:16:52 PM
I don't know if it was ever pointed out in other threads but the Alex Wild cases he did file in Texas this year were because the plaintiff was located in Texas. So he will file where the plaintiff is, not necessarily just in California. Youngson is a reach from the U.K. in my opinion.


That is what I have been saying all along.

People keep looking at Higbee because he is the "front man" but Youngson is conveniently hiding out in the UK. If he filed a lawsuit (Under who? Youngson or RM Media?), he would have to show up.

And regarding the "rumors" of switching to Sanders, I would like to know more. I have not heard this.

Plus Youngson would need to come to the US which I don't see happening, especially if the rumors of him switching to the Sanders law firm are true.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on October 01, 2017, 08:40:19 AM
So I guess Higbee is still pounding sand on the Youngson cases despite all his 14 day deadlines etc.? I haven't found any filings for Youngson or RM Media. For the people dealing with this for a long time, is his last gasp the draft lawsuit? He probably doesn't want to eat the $400 filing fee for a plaintiff he knows won't show up. He seems quick to file like with that confidentiality clause filing in another thread so dragging his feet on these reveal a lack of confidence.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Robert Krausankas (BuddhaPi) on October 01, 2017, 09:18:31 AM
Youngson would have to give Higbee the okay to file, which i doubt he will do, based on the fact that he's in the UK and won't show up, and based on the fact that his honeypot experiment has been exposed. I think the odds of him winning a lawsuit would be very slim at this point. Higbee will continue to attempt to extract monies with the veiled threat of an impending suit to get whatever he can from those uneducated. Such a slimeball Higbee & Associates
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on October 01, 2017, 10:08:26 AM
I used to think that would be the case but with some things I've seen I'm not 100% sure Higbee is following the traditional client interaction. First, he pitches to clients like a personal injury lawyer with the "nothing out of pocket" and no fee unless they win. That makes me think Higbee is fronting filing fees on cases he thinks are worthwhile, not necessarily the client's decision in practical terms. https://www.higbeeassociates.com/practices/copyright-law/copyright-infringement-attorneys/ It will come off the top in the settlement, but if the client isn't involved in the decision making they aren't doing the math in deciding if paying the fee is worth it. Like with that confidentiality case, paying that extra filing fee is probably going to result in the client getting less at the end of the day unless Higbee gets a big win above the amount they accepted. I genuinely wonder if Higbee made that filing call without direction from the client based on #2.

Second, I've seen some sort of power of attorney he is passing around which claims to give him complete control over the matter from his client. That could also extend to choosing to file or not, I don't know.

If he gets nowhere with the Youngson cases I still would not be surprised to see one token filing just so he can make people think he's serious, and then the case either settles or gets dismissed before Youngson needs to come to court. In his mind, he will probably make up the $400 from other settlements if people thinking he is serious because of it. It's a big game of chicken.





Youngson would have to give Higbee the okay to file, which i doubt he will do, based on the fact that he's in the UK and won't show up, and based on the fact that his honeypot experiment has been exposed. I think the odds of him winning a lawsuit would be very slim at this point. Higbee will continue to attempt to extract monies with the veiled threat of an impending suit to get whatever he can from those uneducated. Such a slimeball Higbee & Associates
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on October 02, 2017, 02:20:00 PM

There is precedent here about copyright extortionists blindly following lawsuits against parties getting poor results. Masterfile did just that for a few years. By my estimate, they spent several tens of thousands of dollars of filing fees and attorney fees filing lawsuits against defendants where many did not bother to respond.  More importantly, Masterfile abruptly stopped filing ridiculous amounts of lawsuits. I believe they stopped not because they were "being nice". They stopped because it was expensive, not working, and resulting in a net loss for their efforts. The only people who profited were the lawyers. I think Masterfile lost a good amount of money from the endeavor.

It seems Higbee & Associates are on a similar path. They take pride in bragging about their growing "copyright litigation".

As my friends report over at fightcopyrighttrolls.com (they report on porn demand letters & lawsuits), the more lawsuits are filed, the more "unintended consequences" are likely to happen to the plaintiffs and lawyers themselves. What happens is a hornets nest is stirred among anonymous readers and they work in unorthodox and nasty ways to bring down the lawyers and the plaintiffs.

The stuff we discuss here is tame comparatively speaking. But if Higbee and their other lawyers are foolish enough to believe that their firm's growing aggressiveness will go without consequence from their victims, they might be in for a rude surprise. Smart people are reporting to me various cracks/flaws in their little collection system and I suspect these will be turned against them somewhere down the line.

Many abusive players that tried this have been put down over the years. RIAA, Righthaven, Prenda (Steel & Hansmeier), Timmy McCormack firm (ex-outside Getty counsel), Linda Ellis, and many others suffered greatly for their abusive ways. It always happens when they go after the wrong folks. When they hit the wrong targets, bad things seem to happen to the plaintiffs. 

As Robert said elsewhere, Higbee might be the new Timmy McCormack. However, Timmy's primary client was Getty. Higbee appears to have a larger base of clients. And it will be interesting to see how one client's aggressive actions/inactions spills over to another client.

We have seen it happen before and we will see it again.

So I guess Higbee is still pounding sand on the Youngson cases despite all his 14 day deadlines etc.? I haven't found any filings for Youngson or RM Media. For the people dealing with this for a long time, is his last gasp the draft lawsuit? He probably doesn't want to eat the $400 filing fee for a plaintiff he knows won't show up. He seems quick to file like with that confidentiality clause filing in another thread so dragging his feet on these reveal a lack of confidence.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on November 14, 2017, 08:54:03 PM
I think this job posting says a lot about how Higbee envisions his operation to work. He is hiring a LITIGATION attorney and trial experience is nowhere in the requirements. It is strictly filing complaints, get through discovery and motions, and then settle. The fringe, multiple infringement cases that go to trial are the outliers for him.

https://higbeeassociates.recruiterbox.com/jobs/fk0fqcj/

Has anyone seen an RM / Youngson filing yet? I haven’t checked pacer in a few weeks. I think a lot of the 15 day deadlines he has given people have lapsed over the last 12 months since he started.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on November 18, 2017, 10:28:04 PM
In case he takes down his ad, I am preserving the text here with some of my own comments.

Copyright Litigation Attorney
Las Vegas, Nevada, United States Full-time

National law firm seeks an Associate Attorney with a great work ethic to join its copyright litigation team in the firm's Las Vegas office. The copyright division's clients include top-rated photojournalists, visual artists, celebrity photographers, and high end-commercial photographers. The associate will work with a paralegal and law clerk to manage a significant caseload of federal court cases. (Be prepared to have your personal name turn into mud and get bar complaints like Righthaven and Prenda.)


DUTIES & RESPONSIBILITIES:

Evaluate copyright cases (Read at a 7th-grade level.)
Engage in pre-litigation and post-filing negotiation with opposing parties (Email and phone harass the victims)
Draft complaints for filing in federal court (Fill in boilerplate lawsuits)
Work with professional staff to insure that cases are maximized and handled in a professional manner ("Maximized"=Squeeze as much money as you can!)
Correspond with clients via email and telephone (Tell clients: I am working on getting your damned money but these fuckers won't pay up!)
Provide legal advice to clients (We need to lie and scare the shit out of people to get the money, okay?)
Draft various motions related (Attach fake template lawsuits to extortion letters)
Propounding and responding to discovery. (Surprise discovery! One day, your name becomes mud in Google searches when people complain and talk about you!)


REQUIRED QUALIFICATIONS:

Willingness to negotiate and argue with opposing parties (We need harass them for 3 years!)
License to practice law in ANY state (Any state will do. Just have your law certificate handy just in case.)
Be organized, detail-oriented, and able to work well under pressure and deadlines (You mean those 14-day deadlines that don't mean shit?)
The ability to always treat prospects, clients, co workers, court personnel and opposing parties in a civil, polite and respectful manner (We have to put on a good front since we are a NATIONAL LAW FIRM but really only have virtual/rent-an-address "offices".)
Be able to take initiative and work as part of a team (Find new ways to squeeze extra money out of people especially if we can get away with it!)
The ability to provide extraordinary customer service to all clients and prospects (Just get us the money, okay?)
Ability to act with honesty and integrity in all matters (You mean like saying you will file lawsuits on every victim but it is actually a scare tactic? Or "let me speak to the client" and see if they will accept your offer? That kind of "honesty and integrity"?)
Ability to respond positively to change (we do things different and are constantly evolving) (We do things differently and evolve because ELI members openly report on how we do things making it tough to squeeze money.)


SALARY AND BENEFITS:

Base $45,000- $70,000 annual, depending on experience (For that salary, it is totally worth fucking your online reputation over when pissed-off victims post your name online, talk about you like dogshit, and possibly get bar complaints. Yeah, it is totally worth that smoking salary.)
Bonus opportunity $30,000 annual, depending on performance (You are going to need the bonus money after you realize reputable law firms in the future won't touch people who fuck their reputation over by working for a "National Law Firm" that really is just a front for one California outfit.)
Medical, vision and dental benefits provided (If you last that long)
Paid vacation days (If you last that long)
401K benefits after one year (If you last that long)


IMPORTANT LEGAL MUMBO-JUMBO
We are an equal opportunity employer, meaning that we do not discriminate in favor of or against anyone based on age, race, religion, gender, ethnicity or any other legally protected class. Job description, duties and hours are subject to change. This is an at-will position.  (Paying on outrageous extortion letters is also an "at-will" position)
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Yuba on November 19, 2017, 11:08:21 PM
Hi. I'm new to this forum.  About 2 months ago I received a Higbee demand letter accusing me of copyright infringement.  The photo was a free license.  I accidentally did not list Youngston's attributes with the photo.  I thought they would go away, and I threatened to file an ethics grievance for unauthorized practice of law because I'm in New Jersey and the attorney who wrote the letter is not admitted as a NJ lawyer.

But last week I received one of these template lawsuits captioned for the District of NJ with the media company as the plaintiff.  Interestingly, this demand letter with complaint reads as if it's their first demand notice to me.  They seemingly have so many cases filed that they forgot about the first letter they sent to me which included a demand for $7.5k.  The lawsuit letter now demands $5.8k.

I looked up the photo in the copyright office and it's registered to Youngston individually, yet the plaintiff named in this un-filed lawsuit is the media company.  The copyright statute says there is a minimum $200 statutory penalty for innocent infringement.  I took the photo down within 10 minutes of receiving the first letter 2 months ago.  I wasn't even aware that the attributes had not been inserted with the photo.  Totally innocent mistake on my part.  Yet these jerks are all over me.  I'm tempted to send them back a draft of an ethics complaint that I will file in California if they don't back off. 

I am so pissed off at this trolling law firm.  You can't even make an innocent mistake without this law firm using the "I gotcha approach" and trying to extort money out of people.  I'm not going to allow these jerks to intimidate me, and am inclined to fight any lawsuit should they actually file it.  They proclaim to have an office in New Jersey but it's a virtual office.  I can't imagine Youngston traveling from the UK to attend a deposition in New Jersey.  Thoughts anyone?  Should I hold firm? 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on November 21, 2017, 09:46:35 AM
If you want to file the ethics complaint, you should do so without making a quid pro quo with his claims against you. If you make it obvious, that gives him an easy and believable defense to the ethics complaints: "they only filed this to get leverage on me." The ethics complaint won't automatically end his case against you, but it may make him reconsider how much he wants to push you if he starts to feel some pain.

Here is the compiled info on Bar complaint procedures for states Higbee was licensed in, not sure if NJ was on the list at the time. http://www.extortionletterinfo.com/forum/getty-images-letter-forum/if-you-want-to-file-a-complaint-against-higbee/
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Yuba on November 21, 2017, 12:28:34 PM
Thanks Ice.  This is a game of chicken. He served me with a draft Complaint, and I responded by serving him with one. Two can play at this game.  Before sending my Complaint I discovered that no one from his office is currently licensed to practice law in my state. His wife was, but she has been ruled administratively ineligible.  So that means he sent me a Complaint that he cannot possibly file because no one from his office can prosecute it.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on November 22, 2017, 09:22:07 AM
lol, his wife is administratively ineligible now? When did that happen? I'm guessing she didn't pay her dues or meet some other annual requirement to keep practicing. They run a tight ship over there.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: higgy on December 19, 2017, 01:57:40 PM
FYI Everyone - Higbee has started filing lawsuits on behalf of RM Media
The case was filed on November 27, 2017 in the Central District of California.
Case No 2:17-cv-08577-R-JC RM Media Ltd. v. 420 Evaluations, Inc., et al

Of note in the complaint, the Defendant never removed the images from their website, even after the initial cease and desist letters. So it is possible they are filing suits against companies that don't remove the images and not yet against companies that do.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: clist on December 19, 2017, 04:49:33 PM
lol "Higgy".  ;)

I'm not surprised by this as 420 Evaluations is located in Higgy's, I mean higbee's backyard.. Making them the lowest hanging fruit on the tree...

I smell a settlement in the air... or is it something else...?   :o
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on December 19, 2017, 11:09:33 PM
I was alerted the new development 2 weeks ago but haven't had time to publicly comment on it yet. But I will in more depth later.

For now, there is not much to get excited about.  It is just ONE lawsuit and it appears to be a special circumstance. There is nothing to indicated a rash of new lawsuits for the vast majority of people.


FYI Everyone - Higbee has started filing lawsuits on behalf of RM Media
The case was filed on November 27, 2017 in the Central District of California.
Case No 2:17-cv-08577-R-JC RM Media Ltd. v. 420 Evaluations, Inc., et al

Of note in the complaint, the Defendant never removed the images from their website, even after the initial cease and desist letters. So it is possible they are filing suits against companies that don't remove the images and not yet against companies that do.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: higgy on December 27, 2017, 11:02:17 AM
Yeah, I agree. Going to try to remember to check Pacer in the next couple weeks to see how they respond or if the case gets settled and will post an update here.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: glrubens on December 27, 2017, 05:38:42 PM
They got me for 2 images I had on my consulting website.  Initially, they wanted $8,600 to settle (they initially tried to scare me with the $30,000 to $150,000 for intentional infringement) but I pled poverty and got away with minimal expense.  It probably would have cost more to shut down the LLC and fight with them over the unintentional lack of attribution as I took these images directly from Google searching for public use images.  I never even went to the creative-commons-images.com website, so I never saw the warning.  No, I didn't have the liability insurance since I have no active clients.

I'm now the proud owner of licenses for these images (which I'll never use).  Wonderful ......?
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on December 27, 2017, 07:18:41 PM
It was settled today. The case is closed.

https://www.courtlistener.com/docket/6244392/rm-media-ltd-v-420-evaluations-inc/

Yeah, I agree. Going to try to remember to check Pacer in the next couple weeks to see how they respond or if the case gets settled and will post an update here.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: icepick on February 08, 2018, 02:24:48 PM
Might be old news but didn’t see it mentioned elsewhere, looks like Youngson & RM have gotten other people involved. No idea who they are or if they are also in England. http://rmmedia.ltd.uk
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 22, 2018, 03:14:28 PM
Very interesting indeed. It looks like the disgusting Nick Youngson Honey Pot scheme will continue to expand and ensnare more victims.

Might be old news but didn’t see it mentioned elsewhere, looks like Youngson & RM have gotten other people involved. No idea who they are or if they are also in England. http://rmmedia.ltd.uk
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: clist on February 22, 2018, 06:22:07 PM
Very interesting indeed. It looks like the disgusting Nick Youngson Honey Pot scheme will continue to expand and ensnare more victims.


..I recently visited one of his websites and immediately noticed that it had been "updated" and now displays the attribution requirement at the top of the page...  :o

While this change will probably mean less bees being trapped in the honeypot, as long as his images are still ranking in Google for "Creative commons images", there will be more victims...

 
 
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: UnfairlyTargeted on February 22, 2018, 08:51:37 PM
Has anyone created a Ripoff Report for this guy?  I'd recommend anyone contacted by an individual photographer troll create one.  It hurts them right on their bottom line.  It's amazing how quickly they back off when their business is ruined by some horrible reviews of their photography business right at the top of their Google results.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 23, 2018, 04:09:40 PM
I know you mean well but I strong recommend AGAINST posting anything on the Ripoff Report. The reason why is that many people in a fit of anger and frustration have made some ill-advised posts on ROR.  ROR has a relentless policy to not remove anything.There have been many people with "writers remorse" on ROR.

If people have something honest to say in good faith, I believe posting on the ELI Forums is the best and safest place.  You can retract or edit your statement if you want or need to. 

People look out for each other here. On ROR, you have no idea what you might get yourself into.

Has anyone created a Ripoff Report for this guy?  I'd recommend anyone contacted by an individual photographer troll create one.  It hurts them right on their bottom line.  It's amazing how quickly they back off when their business is ruined by some horrible reviews of their photography business right at the top of their Google results.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 23, 2018, 04:18:34 PM
So, what defendants need to make note of is that Nick Youngson's/RM Media's "website disclosures" only occurred recently. I am not sure when he actually placed such disclosures but it is an important date/milestone.

There will be cases "BEFORE the DISCLOSURES" and "AFTER the DISCLOSURES". Every RM Media victim needs to make a notation of where they fall into this.  I think any reasonable person or court would see "creative-commons-images.com" and be easily confused by it.

And whatever disclosures he has made now was NOT done because he is being a "nice guy". It is because there are MANY victims falling into this "Creative Commons Images" HONEYPOT over $10 images. But somehow they become magically valued at thousands of dollars when it gets to the Higbee firms hot little hands.  It is fucking outrageous and it just keeps continuing.

..I recently visited one of his websites and immediately noticed that it had been "updated" and now displays the attribution requirement at the top of the page...  :o

While this change will probably mean less bees being trapped in the honeypot, as long as his images are still ranking in Google for "Creative commons images", there will be more victims...
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: clist on February 23, 2018, 05:18:35 PM
..I am not sure when he actually placed such disclosures but it is an important date/milestone...

...It is fucking outrageous and it just keeps continuing.


Me thinks it may have happened around the time that He decided to pursue litigation under the RM media umbrella.

Probably motivated by a few words from here or his "legal expungement specialist" representation...  ;)

Again, I have no problem at all with people who genuinely want to protect their intellectual property.

That said, that's not whats going on here.

What we have here are scumbags running a legal extortion business by exploiting people's ignorance about the Creative Commons license though a loophole in the system. 

They and their legal representation are garbage people.

Straight up.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: UnfairlyTargeted on February 27, 2018, 03:03:47 PM
With all due respect, I disagree with your assessment of Ripoff Report.  I think it's an excellent tactic for dealing with trolls, especially small-time ones.  They have to PROVE who posted the reports, and likely they've trolled many different victims.  Trolls don't play by rules.  Thus, I see no reason why I should either.  In case it wasn't clear, I am firmly in the never pay category.  Anyone sending me a letter can pound sand.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Matthew Chan on February 27, 2018, 06:48:26 PM
You can certainly do whatever you want. I just want to warn people that ROR is an unforgiving place. I know how ROR operates, more than most people. It is not a place I recommend.

With all due respect, I disagree with your assessment of Ripoff Report.  I think it's an excellent tactic for dealing with trolls, especially small-time ones.  They have to PROVE who posted the reports, and likely they've trolled many different victims.  Trolls don't play by rules.  Thus, I see no reason why I should either.  In case it wasn't clear, I am firmly in the never pay category.  Anyone sending me a letter can pound sand.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: fed up on May 22, 2018, 10:18:25 PM
Can someone please answer on here how RM Media, picserver.org, and/or any other Nicholas Youngson sabotage sites can legally use web search snippets designed to optimize and advertise their images  in the free for commercial purposes and free to modify labeling filter in advanced image searches with Google? These pictures show up high and front and center in this search platform and the website search snippets do not contain any obligations or terms. They purely say that they are free to use for commercial purposes and to modify. They are optimized and designed for ranking and to be labeled in the filter for Google images advanced search for free to use for commercial purposes and to modify. How in the world can someone advertise something is free, get placed on a popular image search site as such which uses their website search snippets with meta desctriptions that they designed, and then threaten lawsuits and extort money for settlements to the poor tricked fools who believe what they are advertising?? My bigger question is how in the world is Google either unaware or doing nothing about it???

Picserver.org and it's owner cannot say that they do not know about the deceptive issues as so many have been caught up in the sabotage? Has anyone formally informed Google about this abuse and extortion due to their incorrect filtering and labeling of these pictures? This is out of control! I can't believe this has gone on for this long and people are still getting entrapped.

These webpage search snippets make it clear as day that many or maybe all of these picserver.org images are free to use commercially and to modify with absolutely no obligations,exceptions, or terms while there are licensed terms that are very hard to find and know. This is how and why Google image search is filtering them in that incorrect category. Everyone needs to write Google a letter, Godaddy (picserver.org), I think the FCC (please correct me if there is a different govt. commission for this type of abuse), and any other internet business enabling this extortion and abuse. Take pictures of all these snippets and keep all of your email threats in a file.

Can someone also please, please, please get me the date that the disclaimer was added to that picserver.org website at the top as it is the only other disclaimer in the screenshot of the website as the other warning is under the letters directory for the image that the license permits you to use free for commercial purposes and to modify however you want.

What they truly are guilty of is knowing this deception is fooling people into thinking the images are safe while they are not. They are handing you the keys to their car, telling you that you can take it for a drive, and then telling you that if you don't give them enormous amounts of money they are going to tell the police that you stole their car. This is screaming of fraud, false advertising, blackmail, etc. I just don't get how this has gone on so long. What the heck am I missing??
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Robert Krausankas (BuddhaPi) on May 23, 2018, 06:24:56 PM
Getting to the point of beating a dead horse but here goes...

Can someone please answer on here how RM Media, picserver.org, and/or any other Nicholas Youngson sabotage sites can legally use web search snippets designed to optimize and advertise their images  in the free for commercial purposes and free to modify labeling filter in advanced image searches with Google?

Very easy...there is nothing "illegal" about performing SEOmto get better search engine results.


These pictures show up high and front and center in this search platform and the website search snippets do not contain any obligations or terms.

and they don't need to

They purely say that they are free to use for commercial purposes and to modify. They are optimized and designed for ranking and to be labeled in the filter for Google images advanced search for free to use for commercial purposes and to modify.

correct, and they are FREE to use for commercial purposes and CAN be modified, so long as the end user abides by the terms, which are clearly there.
How in the world can someone advertise something is free, get placed on a popular image search site as such which uses their website search snippets with meta desctriptions that they designed, and then threaten lawsuits and extort money for settlements to the poor tricked fools who believe what they are advertising??

Because they are free, as far as I know there are no laws on the books dictating how one performs SEO, you were not "tricked" nor was anyone else, you simply failed to abide by the terms of the creative commons license agreement... I'm not defending Youngson, he's an asshole and douchebag for being a copyright troll, but from a legal standpoint, he hasn't misled anyone.

My bigger question is how in the world is Google either unaware or doing nothing about it???

Google has bots that grab the meta-description, and index the images, no human intervention, and if there was,it's not google job to police anything, their job is to serve relative search results to users and generate revenue through ads, and selling your surfing habits, along with tracking everything you do online,

Picserver.org and it's owner cannot say that they do not know about the deceptive issues as so many have been caught up in the sabotage?

Again with the deception.....Let me ask you a question, if you had read the terms and conditions would you have used the image?....Likely not, becqause you would have understood that attributiuon was a requirement..this all falls on the end user.

 Has anyone formally informed Google about this abuse and extortion due to their incorrect filtering and labeling of these pictures?
What "incorrect filtering"?? every google search resulot for an images contains "Images may be subject to copyright"...thats all google needs to do, they don't host the images, they simply link to them. As a web developer I can tag my pages, content or images anyway I would like to, if google percieves these tags to be "blackhat" seo, they may or may not index those items

 This is out of control! I can't believe this has gone on for this long and people are still getting entrapped.

Most people get "entrapped" because they don't know any better, others do and simply don't care about taking the risk, some like myself purchase or use images with a license that may be obtained from nefarious sources.

These webpage search snippets make it clear as day that many or maybe all of these picserver.org images are free to use commercially and to modify with absolutely no obligations,exceptions, or terms while there are licensed terms that are very hard to find and know.

They have no obligation to include anything in there meta descriptions...when you go to the site where the images are hosted there are links to the license agreement, which most people don't read...Have you ever read the EULA agreement before firing up your windows or Apple operating system?...Likely not

This is how and why Google image search is filtering them in that incorrect category.

Google doesn't serve results in categories, don't know where this come froms, Yahoo used to serve resukts in categories many moons ago.. I'm assumingt you mean a search like "free cat images"...if thas the case, there is no reason why the images should not show up there, provided they are images of cats, the images are FREE to use,,WITH ATTRIBUTION.

Everyone needs to write Google a letter, Godaddy (picserver.org), I think the FCC (please correct me if there is a different govt. commission for this type of abuse), and any other internet business enabling this extortion and abuse. Take pictures of all these snippets and keep all of your email threats in a file.

Good luck with this, I'm going to go piss up a rope, I'll be using my time better.

Can someone also please, please, please get me the date that the disclaimer was added to that picserver.org website at the top as it is the only other disclaimer in the screenshot of the website as the other warning is under the letters directory for the image that the license permits you to use free for commercial purposes and to modify however you want.

bottom line is the disclaimer is there, might not be the most prevalent item on the page, it's there..

What they truly are guilty of is knowing this deception is fooling people into thinking the images are safe while they are not.
FALSE, they are guilty of knowing that most users are to ignorant, lazy, dumb (use whatever term you want here) to read the terms.. I gurantee you if I were to use those images and provide attribution as stated in the terms I would NOT get a letter..

They are handing you the keys to their car, telling you that you can take it for a drive, and then telling you that if you don't give them enormous amounts of money they are going to tell the police that you stole their car. This is screaming of fraud, false advertising, blackmail, etc. I just don't get how this has gone on so long. What the heck am I missing??

You're missing that you may have used an image and did not adhere to the terms of use, so now you got a letter and need to decide how to move forward with YOUR situation to make it go away.. It's great to be pissed and fed-up, and great to be an advocate, but you need to see it for what it is, and not what it's not..It's a shitty thing, and youngson and others that are copyright trolls don't deserve a dime, there really are not many legal arguments to stop him, but the more negative exposure he gets, and the more people learn, the better off we all are.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: fed up on May 23, 2018, 06:46:56 PM
Here is the snippet:

Picserver - B
www.picserver.org/b/
Picserver - B. ... Pictures starting with the letter B: ... permits the free use of the images for any purpose including commercial use and also permits the images to ...

Please show me where this website search snippet used to advertise and optimize images with the letter B claims that they have a license where you have obligations? This snippet is one of the many that Google uses to index these images on the Google Advanced Image Search Site. They specifically do not discuss obligations in this title, slug, or meta description and thus are trying to optimize and advertise these images under the free use for any purposes filter on Google. How again is this not deceptive especially considering so many use that filter. Also, let me ask you why does Google even have a label filtering system if it is unreliable. This snippet gives everyone the keys to the car. This is their intent and goal and it is effective. This is exactly why Google filters so many of their images as free to use for anything without any mention of obligation/terms.

I think it is fraud to advertise/optimize a snippet to promote the products of the snippet as free to use however you wish, yet when others fall for using the image due to it being labelled exactly as the meta description is written by the business, the owner of business tries to extort huge sums of money??? How again would a court of law not see their practices as intent to defraud others?

Also, the disclaimer was not there when many people grabbed their images and many only interpreted their main body verbage:

Pictures starting with the letter B:
The images below are licensed by RM Media Ltd under a Creative Commons license (the same version used by Wikipedia - CC BY-SA 3.0 ) which permits the free use of the images for any purpose including commercial use and also permits the images to be altered.

To see more information about a particular image click on the link directly below the image.

There were no disclaimers on that screen above or below until they added that disclaimer at the top.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Robert Krausankas (BuddhaPi) on May 23, 2018, 07:02:21 PM
um right here:

on the main page:
The images below are licensed by RM Media Ltd under a Creative Commons license (the same version used by Wikipedia - CC BY-SA 3.0 ) which permits the free use of the images for any purpose including commercial use and also permits the images to be altered.

CC BY-SA 3.0  is creative commons share alike license


To see more information about a particular image click on the link directly below the image.

and here when you go to get the image itself:

http://www.picserver.org/b/barley-2.html

The image below is free to use for any purpose even commercial under a Creative Commons Attribution-ShareAlike licence attribution required, see license details below and FAQ.

Please ensure the license and image size are suitable for your use, alternatively you can purchase the original full size image on a rights managed license for a few dollars from AlphaStockImages.com here

you keep gpoing on about the meta tag description/slug etc, no-one is required to to discuss obligations...you may think it's deceptive and fraud and I and others may or may not agree with you, the question is what would the courts think?? I tend to think it would be a losing uphill battle...we can agree to disagree though.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Robert Krausankas (BuddhaPi) on May 23, 2018, 07:06:02 PM
I would be willing to bet that before that disclaimer appeared, there was a link for terms of use, where the fine print was located, they probably added the disclaimer after catching heat from the interwebs, which in my eyes is a good thing, and surely would make rm media look better in the eye of public opinion.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: fed up on May 23, 2018, 07:09:42 PM
Curious what others think here as imagine the amount of court cases there would be if this sabotage tactic was used in every industry?? Come and eat dinner for free at Applebees under our creative hall food program. Then 1 year later expect an email from Applebees threatening you for a settlement of $2000 for a $40 dinner you just walked away from assuming it was free. I guess you did not search for and do your due diligence about knowing that we have a creative hall food program license where you need to eat here again and pay for your dinner for that free dinner??? This is gross! You are summing up why it continues though Buddha!
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: Robert Krausankas (BuddhaPi) on May 23, 2018, 07:17:41 PM
The number of court cases is minute compared to the number of letters being sent...the Trolls DON'T want to go to court...
A. hence they get exposed ( look at the porn copyright trolls)
B. they would not profit and could lose their shirts
C. they risk counter-suits, and their backs end up against a wall

this is exactly why they prey on the uneducated ( those that don't know about copyright) and use scare tactics... to grab some quick cash.

This forum has been online nearly 10 yrs, and not much has changed, some new trolls have appeared, others have called it quits, troll lawyers have come and gone, friends have been made, enemies have been made, and it's a great think tank for fighting outside the ring.
Title: Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit
Post by: fed up on May 23, 2018, 07:26:18 PM
Agree on all that Buddha. Love this site for many reasons, but I think some on here work in the legal field and thus have a belief that normal people somehow know what these licenses are. A legal professional may not be able to say he or she did not know, but obviously a ton of people did not know and to me the biggest deception is how the images get on googles advanced image search. Those license descriptions (ccy - ou8) or whatever in no way take away or make anyone not in copyright legal work believe that those images are anything, but free to use however you wish.

 Everyone I ask believes those images would be free to use and everyone I ask about the picserver.org page believe that the main body paragraph says those images should be absolutely free without condition. Normal people believe that license permits the free use absolutely for anything without condition, because that is exactly what the paragraph says. It says the license and then says the images are free to use. They make the point to say that the images are free. Why would they rely on the name of the license which most people don't know to show the terms of them being free?

Thank you for all your thoughts Buddha!