Messages

1

Getty Images Letter Forum / Re: Cyber Liability Insurance

« on: June 23, 2012, 04:02:26 AM »

Take it from me , liability insurance may be a good thing for a "disaster" but it definitely promotes something  other than the right thing like troll food. In medicine,  it took me years to learn not to report every patient who was a little upset at something and threatened law suit. What would happen was I would report it like a scared rabbit, then this law firm would get assigned the "non case" by the insurance company and they had to earn their 25,000 for the firm and the opposing law firm would also earn their 25,000. Then they would settle when there was not a case to begin with,  making me look bad. Once I learned to tell the lawyer who called me about Mr or Miss expect too much,  that "NO I was not going to report the alleged made up story of how bad I was to a malpractice carrier and if they thought they REALLY had a malpractice case then SUE me ---I never would hear from them again. I don't commit malpractice and once that incentive to earn 25,000 went away from either my assigned lawyer or opposing council so did the allege malpractice claims.  Like Duh,,,,Simple. I do carry malpractice in case some thing major would happen, BUT not for the nuisance value of feeding lawyers ( sorry Oscar). That took me ten years to learn unfortunately and a lot of trouble with petty crap.

The problem is with business insurance,  the person who has the insurance usually does not have the provision like I do in medical malpractice where one can report or not report it to the carrier and it does not affect the payout. In business insurance if you do not report a claim then the carrier  may be off the hook, not true with my malpractice carrier. I have that provision to settle or not --- My decision.

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Getty Images Letter Forum / Re: A puzzling situation

« on: June 21, 2012, 02:11:57 AM »

So your showing a product picture on your web site and the image of that picture? The picture is licensed by the manufacturer of of the puzzle.
Sounds like "extortions trolls  gone wild" to me.
 

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Getty Images Letter Forum / Re: Another recipient of letter from Ms. Wright & Mr. Andersen

« on: June 21, 2012, 01:56:09 AM »

I've received one of these letters, and even after reading this site extensively, I'm not sure what to do.  I've seen Ms. Wright described here alternately as a "troll of Epic proportions" as well as "well respected" (in fact both comments by the same poster!), so I'm not sure what to think.

The letter I received looks a lot like the one Matthew posted on Scribd, but has some twists. First, they claim I took the photo from another business's website, which I did not. The photo was from another source where it was not marked as copyrighted nor did it contain any watermark as claimed. I used this photo on a page which was under construction as a placeholder until I could take my own photo. The page was not accessible by visitors to the site. Anyway, I have since taken my own photo and removed the alleged infringed photo.

So here's the kind of odd thing. The site from whence they allege I took the photo apparently did register it, but they are not bringing the claim. That site owner recently signed their rights over to a newly-formed LLC, which is the entity that's making the claim against me through Ms. Wright's firm. It's like they created a brand-new LLC just for the sole purpose of sending extortion letters. Anyway, they are asking for $15k to settle.

So, what to do?  Many on this site say to ignore it, as it's just a scare tactic and not worth their time/money to actually bring suit.  Others say to "take it seriously," whatever that means.  It's hard to take serious a demand for $15k for a photo that would cost 5 bucks on iStockPhoto, was not marked as copyrighted, was used on a page that was never visible to the public, and is had already been removed!

Thoughts?

I think this is interesting in that the site appears not to be published and they found this picture.
I wonder what is the name of the company Mrs Wright represents and who is the photographer?
Pattern sounds very familiar to me.

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Getty Images Letter Forum / Re: an interesting message from a Getty "Copyright Compliance Specialist "

« on: June 20, 2012, 07:52:29 PM »

If I read correctly:

Everybody would be able to  sign a contract with GI, delivering a photo which does not belong to him/her and nobody on GI side is double checking it as long as the person warrants it is his own.

Perfect world

If you would do this with cars as a car dealership you will be out of business within minutes

Thats pretty funny , some one should send this to the Nigerians who can collect from Getty as opposed to picking on people who really believe that a Barrister from South Africa wants to send them a million dollars just to use their bank account.

5

Getty Images Letter Forum / Re: What Will Glen Carner's ELI Contribution Be? No more free rides.

« on: June 08, 2012, 01:42:05 PM »

There really is nothing else to say Glen has solved the problem for himself.

From Glen Carner:

" The "ELI Attorney Warning System."  What that would be is when you see a "new" attorney whose letter appears extreme or is working for a stock photo agency, that you contact them (or me who would be happy to follow up them) and have a "ELI" (Extreme Lawyer Intervention) to warn them about what they are doing and how if you see another letter from them in the future that it will be posted on Scribe and ELI.  It seems harsh to potentially damage the career of an new attorney (for life on Google) because they sent out a letter you feel is inappropriate.   Wouldn't a "one strike" rule be appropriate for them?  They should at least have the choice of continuing to work for the agency and pay ELI's consequences, or to stop doing this work knowing that ELI will be watching and taking action if they continue.

Thank you."
_____________________________________________________________________________________________________________
I now change my position and no longer side with McFilms, Now I officially support charging Glen to be on the site along with that "boy" from the Ellis Camp. It reminds me of George Orwell's book Animal Farm. I paraphrase "we are all equal its just some of us are more equal than others" . So now we solve the entire problem by giving the lawyers the benefit of the doubt ??@!#$%^&*()

Michael

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Getty Images Letter Forum / Re: Looking for more info on actual and expected results from defense letter program

« on: June 07, 2012, 02:42:01 PM »

Mote yes it was directed at you.

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Getty Images Letter Forum / Re: What Will Glen Carner's ELI Contribution Be? No more free rides.

« on: June 07, 2012, 02:39:10 PM »

My vote goes with McFilms to some degree, sorry Matt. I understand in some ways Glen is like a spammer (advertiser) but if not too excessive seems ok. Also people here have asked him these questions. Well its your forum and he has the gold rules.

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Getty Images Letter Forum / Re: Looking for more info on actual and expected results from defense letter program

« on: June 06, 2012, 10:14:31 PM »

Well one thing caught my eye in this thread---you were thinking of handling it pro se (by yourself).

Take it from a lesson I learned which was I cant defend my own company by law. If its you and not your company you legally can,  but it may be a waste. Unless you want to just pay them to get them off your back or admit to everything and throw yourself at the mercy of the court asking for less of a fee, or sit around blogging about it until you get a lawsuit I would act. The longer you wait , the deeper it may go.

I get the feeling that you do not have the ability to go up against professionals whose main goal is to win at any cost. So hire yourself a lawyer, pay Mathew to guide you or Hire Oscar. The  main thing is do something.

I am sure you are a nice normal person but, this issue is a tough one few can handle alone. The fact is most lawyers who are not IP attorneys do not know the field so do not expect you will know what to do on your own.

Michael

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Getty Images Letter Forum / Re: Glen Carner's First 8 Questions for Matthew Chan

« on: June 02, 2012, 05:32:42 PM »

This may be off topic of the "8 questions", but Matt I could not agree more with you young fellow!  I have been a participant in the internet and observer for well over 30 years from the days of it being a research tool ( no I am not like Al Gore and invented the internet). Its a changed us for the better.

My first web site if you could call it that, was in early 1990's and I was one of the first plastic surgeons  in 1993 to advertise my services on the internet. There were 8 maybe 9 of us I think who did this around that time we were scolded by the societies then, look at it today.

Lately for reasons related or directly to ELI, I have received a call almost weekly from some local designer or blogger and even had inquires about doing work for them,  by our VERY small web development company=AiMiYo. Karma is everything live honest , treat others as you want to be treated and be transparent and benefit.

What we are seeing now is the realization of change by the old guard,  who want to see things done the old way forever, now trying all they can to prevent the change with lawyers etc. Of course  I am speaking of the bigger picture,  not copyright infringement. They are simply upset that the old way of business is DEAD. No longer will the middle men control what they have , its impossible, game over, find a new job ! Integrity, honesty and transparency are even more important today instead of the back room deals.

As example a local artist musician friend of mine who runs the group HAPA,  is doing well on Itunes and guess what NO middle man to speak of like the old days. Although I guess apple is a middle man to a small degree, look at the self publishers on Amazon with ebooks, Artist like him are not controlled by the big labels or even the smaller ones ..I shed no tears for that loss.

Great points Matt.

Michael

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Getty Images Letter Forum / Re: Glen Carner's First 8 Questions for Matthew Chan

« on: June 02, 2012, 02:29:16 AM »

This Glen Carners quote is too much, for one minute I will move out of my observer role.

"Oscar and the rest of you took a considerable amount of time responding to that and I'm sure Matt feels that you would have been better off watching the grass grow but thank you.  There is already one change that we can make with HAN's attorneys based on your statements." -

Is Glen in a subtle way attempting to silence all critics, stifle free speech as usual or does he simply feel that the rest of of the members are not worthy give their views, including Oscar?  This is a FORUM, Matt owns it,  but he can speak for himself or is he now so important here that he can be mouth piece for Matt?

Did he really write the above quote? Somebody please explain,  if I read this wrong and if I did my apology to Glen. Seriously if I misinterpreted this someone explain to me.  Again if I am over reacting I am very sorry.

Michael

11

Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers

« on: December 05, 2011, 06:48:54 PM »

Well I just got off the phone to HAN latest victim (my opinion) same story--innocent and they were asked for a ton of money (more than you can imagine) for an image that cost 300 ( guess) a year max.. I will allow them to represent themselves on this issue,  but allow me to say this may be the tip of an iceberg. I hope many come forward with their stories and we can get to the bottom of this.

I certainly hope all members who can donate ideas, thoughts , or documentation can help with this, my personal time is limited,  but I may devote one my employees just to this as the more I hear the more I am taken aback.

I have a feeling this may be big. A real credit to your web site and the case we need to bring attention to the issue.

M

12

Getty Images Letter Forum / Re: I got hit 2 separate letters 2 images - HawaiiArt.com or Hawaii Art Network LLC

« on: December 05, 2011, 05:29:56 PM »

Hawaiian Art Network LLC and Vincent Tylor Vs Aloha Plastic Surgery LLC etc

US district Court in Hawaii

Claims we removed the copy right etc.... How many free download sites are out there of that image (my count 150).

The attorney is J Stephen Street. Has a good reputation in town so I am surprised.

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Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Art Network LLC's list of Lawyers Used Thus Far

« on: December 05, 2011, 05:16:29 PM »

You can now add J Stephen Street to the list. He filed a  federal lawsuit now when I refused to pay the money from his "demand letter". The image came from a free download site and apparently the image is copyrighted by V Tylor and the Hawaii Art Network which of course we had no idea. I have a small web design company and this was used by our  intern.  Once I received notice we took the site down not just the image. So when he persisted after I offered him a small settlement in good faith,  I felt it was something more behind the scenes. Your right something does not smell right here to me at all. As to what that is exactly I will let you know I intend to find out! I am looking for anyone who has delt with Hawaii Art Network and received a demand letter etc. I spoke with one attorney in town who tried to defend a client but settled cheap as the poor client was local gal who had no money and she did not know she infringed a copy right ---the same free download thing.

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Getty Images Letter Forum / Re: I got hit 2 separate letters 2 images - HawaiiArt.com or Hawaii Art Network LLC

« on: December 05, 2011, 04:28:07 PM »

They are suing me !

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Hawaiian Letters & Lawsuits Forum / Re: Hawaiin Artwork, LLC Files Lawsuit!

« on: December 05, 2011, 04:26:17 PM »

Yes thats me !!

Well I will post details later and made another post in another thread.

I will find out more about this as we go along....

Thanks for your web site

I will be back.

M