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Messages - Matthew Chan

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1081
SG,

Great job on finding this.

Great job to CIPPIC for finally doing something meaningful to help its Canadian victims and letter recipients.  CIPPIC even refers to ELI as a reliable source of information under "Secondary Materials".

I think the Copyright Trolls FAQ was well-written and well-explained. Even I got a few valuable nuggets out of it to incorporate into the ELI Support Calls.

It appears that ELI has certainly had a strong influence in the creation and the content of the FAQ. It is nice to see another "credible" website take on the copyright extortionists and calling them out on their insidious and underhanded tactics.

1082
SG, Welcome Back!

And nice find!  It appears I am going to have to make some comments on this brand-new (and unexpected) article also.

1083
Robert & I will soon be issuing separate line-by-line commentary on this article.

1084
This is a fair article worth reading.  I was quoted quite a bit more than I expected.  :-)

I gave an extensive phone interview to David Walker a few months ago.

My best quote on the whole article, "Only dumb people pay the sticker price."

http://pdnonline.com/news/Agencies-Step-Up-Cop-7169.shtml?imw=Y#.UNTqQcYKAWQ.twitter

1085
We have plenty of experience in dealing with situations like yours. Oscar will be able to work with you with some caveats. The client will have to approve of the arrangement.  You should know that they WILL NOT totally removed from the situation. But once Oscar's office sends their letter, all correspondence and communications going forward will be directed to him essentially halting the harassment.

Essentially, you would be paying for your client's legal representation but you would be allowed to interface with Oscar's office once your client approves of it.

1087
I consider the Riddick Forum as evidence of ELI's early battles against someone who grossly used and abused the extortion system. Riddick put Getty Images to shame with his insane and crazed tactics.

There probably will never be much here to update. But for people who are bored and want to look at where ELI has been, this forum can be some fun reading.

1088
Lettered,

Oscar and I recognize you as one of our earliest ELI Contributors from 2009. Up until then, Oscar and I were pretty much the only guys who had a semi-steady presence on the ELI Forums.  Please do not minimize your impact from those early years.

I know how people might think that the people who provide answers to questions might make a larger impact than those who simply "converse" or engage in "commentary". That isn't necessarily true.  The ELI Forums continue to buzz and hum along BECAUSE of the ongoing conversations, commentary, and dialog.

There are only so many truly "new" items or "dramatic" events that happen every month.  The ongoing daily conversation, "chatter", "buzz, is also VERY important.

Your early role as commenter allowed others to follow you. You should remember that the posts you made in 2009 still exist and they are very much in the Google search and ELI Forum search engines!

I also appreciate your thought of the historical element. I think you will find that EVERY ELI community member including myself and Oscar has grown and evolved over the years.  It is entirely possible to go back to 2008 to read what we said and our positions back then and compare them to now.

When I think back to ELI of 2008-2009 and compare it to ELI of 2012, it really is mind-blowing all the changes and growth we have experienced.

Lettered, you are very much part of our history and I ask you to NOT minimize your contributions over the years.  Oscar and I do recognize you from the early days as we do now.

I continue to invite and solicit crazy new ideas ELI can try out.  So much of what you see throughout the ELI website and ELI forums all started out with some crazy idea mentioned by someone which I took and ran with.

I got the letter quite some time ago.  I think it was not long after Matthew had just started the ELI site.  Even though it was early on, the site gave me confidence that
1) I had solid legal ground to not pay the exhorbitant fees asked for
2) I was on solid ethical and moral ground to not pay the exhorbitant fees

As the web-site grew I kept checking in and making comments and asking questions here and there.  The community support of others doing the exact same thing let me know I was on the right track.

So I continue to check in from time to time as a small way to "pay it forward".  By themselves, my comments here are squat . . . I know that.  But the collective effect of all of our comments together combined go a long way in giving the two points I mentioned above to people who find themselves in this situation. 

And that's just the contribution of the "small time" commenters here like me.  Of course the main support is coming from the elite few (not me) that pour hours into research and commentary here.

The whole thing's kinda got a cool historical element to it as well.  Its only relatively recently that the internet has been around as a tool to fight these types of injustices.   It feels good to be a part of it even if it is in a small way :)

Kudos to Matt and Oscar for being pioneers in this type of effort.

1089
Stinger,

Wow, another great detail response. I have some inline responses....

It's funny, but I agree with most everything everyone has said.
  • Yes, part of me wants to pay it forward where I can, yet I realize that I can never make the commitment Greg or Robert have.  Although, never is a long time, if Getty pushes a little more, maybe they will turn me into the second coming of Robert and Greg.

It isn't a competition to who can be the "craziest and freakiest" contributor although Robert and Greg certainly rank up high.  :)  Every member contributes in a unique style and make an impact in their own way. I think we can all agree Oscar doesn't post as frequently as the rest of us but his impact and presence is HUGE nevertheless. I don't post as much anymore but my ego demands the grandiose notion that I can still make an impact and difference even if I don't post frequently. Jerry Witt, likewise, has been a long-time anchor and steady presence on ELI. Everyone who has become and ELI Defense Team Member did so voluntarily and one of my "mandates" for team members that is they only contribute as they see appropriate. It must NOT be work for them, it has to be work of passion and belief. If it ever becomes work and burdensome, something has gone off the rails.

  • I do enjoy the characters here, but more importantly their different approaches to a common problem.  I miss AuctionApril's posts because she took the fight (albeit a little different fight than mine) to the media in a powerful way.

Yup, I must admit that even I am fascinated by our collective cast of characters. I sometimes feel that ELI Community has become a self-contained online reality show of sorts.

  • I, too, am addicted.  When I try to spend less time on ELI, I find it chasing me down through Facebook and forcing me to pay more attention and come back to the forum.

ELI chases you down on Facebook?  I guess ELI forced you to "like" the ELI Facebook page at gunpoint.  *wink, wink *

  • I like the way some people try to take programming approaches to keeping Getty out of their lives, while others work the Search Engine Optimization angles to drawing attention to the dark side of what Getty and other Trollers do.  The diversity of approach I learn here captivates me, in a way.

It was never intended that way to see so many different approaches and views but I certainly like the creativity.

  • While I don't really want to wrap my life in this dirty trolling business, I feel an obligation to stay connected and help all these committed personalities see this thing through to a successful conclusion.  I realize that my never happen, but I sure wouldn't want to miss it, if it does.

We can certainly dream!

  • I feel like my situation is a little bit different than many of the Getty posters here.  Mine was not a single image violation.  My situation was not about not understanding copyright laws.  My company fell for what I believe was either a tacit seeding scheme, or a radical change of corporate direction that resulted in what we did innocently and with Getty's permission, later being construed as copyright theft.  Part of why I hang around is to see if others got caught in the same trap and to see if I can lend assistance to those who might find themselves in a similar situation.

You already help out by making your presence known through your ongoing participation and commentary.

  • I certainly feel connected to the passion that the regulars on this site feel for righting an important wrong in this world today.

I agree!

  • If there ever is a class action suit or government hearings on the matter or some such thing, I feel like I might learn about that first here.  If I can in any way participate in eradicating this world of the dreaded copyright troll, I will want to be a part of that.

Members of the ELI Defense Team gets contacted on a semi-regular basis by bloggers and members of the smaller press.  Bloggers and small press do read what we post! You would be surprised.  The ripple effect of what each of you contribute continues to resonate daily, weekly, monthly, and now yearly.

Like everyone else's, my list can go on.  But what's most important, is to take this opportunity to sincerely thank the organizers, senior members and contributors to this forum for their efforts and contributions.  THANK YOU!

You are welcome! I also thank the ELI community members simply because without the rest of you, Oscar and I would probably have a much less interesting forum if we were the only ones that posted.

This is one battle that I do not expect us to lose.  But even if we did, I could hold my head up, knowing I was on the right side of the fight, and in the trenches with a quality group of individuals.

There is no question we are on the right side of this fight.

[/list]

1090
Good stuff here. Definitely a post to revisit as needed when dealing with difficult and anal photographers.

The key difference is that old Canadian law treated photographers differently. As the article states: "Previously, photographers were not automatically the first owners of their photographs when shooting commissioned work, but instead it was the individuals or businesses that commissioned the images who owned the copyrights. Section 13(2) of the Canadian Copyright Act specifically singled out photography as being different than other creative works." US law never made any such distinction and photographers always presumptively owned the copyright. This amendment just brings Canadian law in line with US law and they can still sign away their rights. Whenever I draft a "work for hire" agreement  for a client in addition to the usual work for hire language I include a clause that in the event any law or fact prevents this from being a valid work for hire agreement, then the artist also assigns, sells transfer any rights in any IP he creates to the other party and agrees to sign any documents necessary to cause that assignment, sale or transfer to happen. That way its either a work for hire or an IP assignment but either way, the guy paying for the commission of the work gets the IP rights.

1091
Getty Images Letter Forum / Re: A must read!
« on: November 21, 2012, 03:47:29 AM »
Expanding on Oscar's comments on "pro se" litigants. I am experienced in "pro se" representation because I have done it many times over the years. I agree with the group that you do want to conduct yourself in a respectable manner.  There is some degree of latitude in some very specific instances if you are trying to make a strong point. But in most cases, respect, manners, and decorum rule the day.

1092
Getty Images Letter Forum / Re: NCS IP Solutions email
« on: November 21, 2012, 03:40:49 AM »
Actually, I didn't know Masterfail was using NCS now. That is news to me.

NCS has no power. They are just a collection agency easily dismissed.

Sorry, it looked like from NCSs letter the letters from MF had been ignored.  I also was not aware that MF was using NCS, I thought that Getty was the only one of the trolls using them.

You options are still the same though.

1093
The most efficient way for you to get your answers is to set up an ELI Phone Support Call. Otherwise, you can do a search on our forums which will provide insights.

http://www.extortionletterinfo.com/eli-phone-support-call-with-matthew-chan/


1094
Mulligan,

Your response has moved me.

1. I am glad people are learning and appreciate the education aspect of ELI.  Oscar has done an excellent job providing and teaching the legal arguments of our side. I have endeavored to teach the power of community, open commentary, symbolism, powerful web presence, teamwork, loyalty, commitment to a cause, unity, transparency, and authenticity.

2.  Both Oscar and I had media exposure experience. We both have been on local TV, written articles, been written about, etc. before we even met. When we came together to work together, it was very easy to discuss media & PR strategy despite the fact we faced a media industry who had far more dollars and staff than Oscar and I did.  Over time, the entire ELI Defense Team understands the concept of media and every team member has appeared and made their presence known in media.

3.  Oscar and I agreed early on to play it straight, educate, and put our personal and professional reputations on the line.  We did it to lead by example and hopefully inspire people to step up since talk is cheap.  Actions speak much louder than words. I am gratified that our actions has attracted those people who want to associate with us and support what we do.

4. I am glad there is a "home among friends" feeling. I have endeavored to give everyone as much room as possible to express themselves and participate in ways they feel comfortable.  If that means crazy memes, fine.  If that means, some gallows humor, fine.  If that means, in-depth research and digging, fine.  If that means, just hanging out and shooting the breeze, fine.  The ELI website is supposed to make victims and those that support our position feel safe.  Notice how "the other side" rarely dare come into our community and spout their propaganda?  They would never survive the onslaught.  You notice that fewer and fewer people are legally threatening ELI compared to a couple years ago?  That is why the ELI Defense Team exists. There is power and strength in community.  You will note that each member offers and contribute something unique. I don't delegate. I let people fill in holes in ELI that need filling.  I also let people create niches and explore ideas that ELI has not considered before.

I loved your well thought out responses.  Thanks so much.

I come back and will continue to come back because of the people here on the forum. With the exception of my education in the school of hard knocks, I've never learned so much from a single source as I have from this forum. And I continue to learn more on most visits to ELI.

I also feel an obligation to stick around to help others who get their first letter from Getty Images or their first letter from that copyright troll and collection agent Timothy B. McCormack (who is way over his head when it comes to writing standard English form letters that aren't full of third grade errors) and his apparently semi-literate band of paralegals like Ashanti A. Taylor who have never noticed all the goofy and careless mistakes in the payment extraction form letters coming out of McCormack Intellectual [sic] Property Law.

Getty, McCormack, and his ilk cause a LOT of pain to honest and thoughtful human beings who in most likely 99% of the cases innocently use thumbnail images. By blustering and threatening and twisting outdated copyright laws, Getty, McCormack, and their band of minimum wage goons have undoubtedly caused many sleepless nights, if not panic attacks and worse. I consider behavior that affects fellow human beings in such a negative way an unconscionable moral crime, and I've made it part of my life's work to never let up on these foul creatures until they disappear back into the sewers from which they crawled, slimy and covered with shit and reeking of greed and lust for money they haven't earned by the sweat of honest labor.

I'm also here because I admire Matt and Oscar's courage and integrity. When one finds jewels like Matt and Oscar hosting a public service website like ELI, it become an obligation to help keep those jewels polished so they can reflect light into the grim darkness that composes the world of image copyright extortion.

I'm here because I admire Robert's humor and his passion for the task of stopping these extortion letters and exposing and publicizing those who send them.

I'm here because SG keeps me grounded and focused on learning more about copyright law and its proper application to image cases.

I'm here because Jerry stays on an even keel and succinctly provides some of the best advice available for new letter recipients.

I'm here because of Greg's sense of right and wrong, and the white fire he has stoked in himself to put an end to what the trolls are doing.

I'm here because Peeved brings a smile to my face with her comments and observations and contributions.

So, yes, Matt, I'll come back.

I'll come back because one always comes back to places that feel like home.

1095
ELI Addiction?  I want to know more.

What are the signs of ELI addiction?  What are the symptoms of withdrawal?  What elements create the addiction? :)

Ok...I'll go first...

My name is Peev and I am addicted to ELI...


Are you in it because you need the latest information? Don't "need" it but still interested.
Are you addicted to the drama? Nope, don't really care for "drama".
Are you here because you are among friends? Yup.  
Are you here because you feel passionately about the cause that ELI represents? Yup.
Are you here because you feel you make a difference (which you do)? Well... not sure about this one but hey,
if it helps get a boost in Google Search..... what the hell.

 

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