Messages

1156

Getty Images Letter Forum / Masterfile $12K per Image Extortion Letter

« on: August 31, 2012, 12:05:33 PM »

Masterfail appears to have set a new cost per image record with a recent extortion letter we have attained.

They are seeking $12,000 per image for 4 images and $8,000 for the 5th image.

http://www.scribd.com/doc/104529865/Masterfile-12K-per-image-Settlement-Demand-Letter

Let the flaming begin!

1157

Getty Images Letter Forum / ELI Factor - Oscar, Robert & Matthew Threesome!

« on: August 31, 2012, 10:41:27 AM »

Teaser photo! Oscar, Robert, and Matthew "together" on video for the first time on ELI Factor!

Coming soon!

1158

Getty Images Letter Forum / Re: Ok to deal with GettyImages via email as opposed to USPS?

« on: August 31, 2012, 09:09:33 AM »

Email communication is frowned upon. Stick to USPS Mail and insist all replies and communication be in hard copy.

1159

Getty Images Letter Forum / ELI Factor - Episodes 4 & 5 (Robert Krausankas & Greg Troy)

« on: August 30, 2012, 06:29:25 PM »

Here is the raw video for Episodes 3 & 4 of ELI Factor.  The opening credits will be added later.

1160

Legal Controversies Forum / Re: Arizona AG Encourages Troll Victims to Submit Complaints

« on: August 28, 2012, 11:05:20 PM »

Absolutely correct, never fire any more silver bullets than you have to to get the job done.  Always keep more silver bullets around in case the enemy comes back for more.

During the temporary respite, you continue stockpiling silver bullets.  The best silver bullets are the ones you never have to use.

1161

Getty Images Letter Forum / Re: Received second notice last month and asking for input on my response.

« on: August 28, 2012, 10:56:24 PM »

Vicki,

You are missing the point of the your response letters.  You aren't going to be able to write a letter to stun them into silence. It is to get YOUR message across to them and where you stand.

The goal is to write your letter that sufficiently acknowledges your story, bring up the problem issues (lack of adequate copyright registrations, inflated market value of images), present an offer (which will likely get turned down anyway), and make a strong stand.

The best letters come from your inner strength.  Trying to write a letter by committee is going to be a hodge-podge.

If you are truly in a quandary over what you are trying to accomplish, your letter will be a wasted exercise.  You are almost better off ignoring it then.

Mention ELI and Oscar Michelen absolutely will help if you actually mean it.  Mentioning the AG complaints and any other array of viable threats absolutely help IF YOU MEAN IT!  Otherwise, it is all a big bluff and they will continue to send letters.

If you don't write a letter with some teeth and inner conviction, your letter will simply be empty words.

At some point, you make a stand.  If that doesn't sit well for you, be prepared to get some ulcers because the letters won't stop. It isn't a big deal if the letters don't stop because letters have no power in themselves.  But only YOU can decide this.

People experienced in this already know with 99% certainty the letters mean almost nothing in practical terms.

The fact that you are asking the questions you are asking means you have somehow forgotten the high points of your conversation with me and you have once again fallen for their smoke-and-mirrors.

1162

Legal Controversies Forum / Re: Arizona AG Encourages Troll Victims to Submit Complaints

« on: August 28, 2012, 01:39:23 AM »

Wow, nice little nugget you found in mainstream media.  it isn't a far stretch for the Arizona AG to accept complaints of other forms of copyright trolling.

1163

Getty Images Letter Forum / Re: Got 3rd Getty Letter Now I'm Not Sure

« on: August 28, 2012, 01:37:31 AM »

SG,

Great poster! We need to have an ELI Art Gallery at some point.

1164

Getty Images Letter Forum / Re: Don't Pay Getty - Thank you ELI

« on: August 27, 2012, 11:30:06 AM »

Good Job, Dan. Thanks for providing us an update on your case. It obviously does pay to exercise some intelligence in these matters.

1165

Getty Images Letter Forum / Re: Got 3rd Getty Letter Now I'm Not Sure

« on: August 27, 2012, 11:26:27 AM »

They won't sue over 1 image. You make one "reasonable" offer to pay. If they don't accept, you tell them you are walking away.

1166

Legal Controversies Forum / Re: Joel Tenenbaum Case

« on: August 26, 2012, 02:47:19 PM »

I just read the Court Order.  Joel Tenenbaum really sounds like a piece of crap.  Reading the case backstory, it disgusts me.  As much as I dislike the ruling, Tenenbaum seems to have deserved it.  He blatantly infringed for 8 years!

http://www.scribd.com/doc/103737792/Sony-BMG-v-Tenenbaum-Order-August-23-2012

Read this description excerpt.

There was further evidence about the scope and scale of Tenenbaum’s infringement activities.  His illegal conduct lasted for at least eight years, from 1999 to 2007. Id. at 492-93. During that time, he not only downloaded but also distributed thousands of copyrighted works to users of peer-to-peer file-sharing networks. Id. at 493.

The trial evidence also supports the jury’s determination that Tenenbaum willfully infringed plaintiffs’ copyrights.  He conducted his infringing activities while knowing that lawsuits were being brought against individuals who downloaded and distributed music without authorization. Id. He personally received multiple warnings from various sources – including his father in 2002, his college in 2003, and plaintiffs in 2005 – and he was warned that his activities could subject him to liability of up to $150,000 per infringement.  Id. at 493-94.  In spite of these warnings, he continued to download and distribute copyrighted materials; indeed, even after receiving Sony’s 2005 cease and desist letter, trial evidence shows that defendant continued his activities for two more years, until Sony filed this lawsuit against him.  Id. at 495.

Plaintiffs’ 2005 letter also informed Tenenbaum about the impact of his activities on the music industry and instructed him to preserve all evidence of his activities, including any recordings he made available for distribution; yet in spite of these instructions, Tenenbaum had his operating system on his laptop reinstalled and its hard drive reformatted.  Id. at 494-95 and n.7.  Furthermore, as the First Circuit noted, “strong evidence established that Tenenbaum lied in the course of these legal proceedings in a number of ways.”  Id. at 495. 

At trial, Tenenbaum admitted that he lied in responding to Sony’s discovery requests about the scope of his conduct using online media distribution systems, his use of peer-to-peer networks, and the installment of such networks on his computer. Id.  When he was confronted at trial with his attempts to shift blame for his actions to others – including a foster child living in his family’s home, his sisters, a family house guest, and burglars – Tenenbaum finally admitted responsibility.  Id. at 496.  In short, there was ample evidence of willfulness and the need for deterrence based on Tenenbaum’s blatant contempt of warnings and apparent disregard for the consequences of his actions. 

1167

Getty Images Letter Forum / Re: Extortionist

« on: August 26, 2012, 02:42:25 AM »

I didn't care enough about the "Chenn" mistake.  Just another one of his mistakes of many. Not worth "getting a rise" over it as he says.

1168

Getty Images Letter Forum / Re: Extortionist

« on: August 24, 2012, 10:13:53 PM »

Matt Gibbs,

Ok, you got me.  I support thievery. 

Why would anyone feel the need to prove you wrong?  In fact, I don't even have the thought of proving myself "right".

I just find it amusing how you think you might come into the ELI Forums and mount any kind of cooperation or goodwill "demanding" people to explain themselves of their "thievery".

I could ask you the questions:  "How does your mother feel that you turned out to be an idiot?"  or "How does it feel being a wife-beater?"

Get the point?

Last thing, Peeved found some interesting articles about a "Matt Gibbs".  Is that you?

It seems that this Matt Gibbs thinks that the judge overreacted or perhaps overstepped their boundaries?  To the rest of us on the ELI Forums, it sounds like Matt "deserved" the increased fine for being disrespectful to the court and judge despite the fact that the penalty might have exceeded the "crime"?

There appears to be some humorous irony in all this.

1169

Getty Images Letter Forum / Re: Haters

« on: August 24, 2012, 06:56:54 PM »

I don't simply complain or bitch & moan.  I strategize, educate, and implement action plans.

I call it "legalized extortion" and "copyright extortion" and have done so for 4 years now.

I help others defend against extortion letters because I like kicking tail, mocking extortionists, and make their lives miserable in general.  I educate others on legal issues and self-representation when I really get bored.

1170

Getty Images Letter Forum / Re: I'm done worrying about it.

« on: August 24, 2012, 06:50:16 PM »

I believe you have achieved a stunning victory with your insightful points.

At the end of this month, ELI will begin wrapping our affairs up nice and neatly and concede defeat.

We will then fold up our tents, go home, and ELI will cease operations of helping defend and educated against the copyright extortionists and their extortion letters.

Well done.

You stole an image, got caught, removed the image and moved on?  Good job I guess.  Maybe next time you shouldn't steal the image to begin with?

I interned at Getty Images when I was in college, many years ago.  The company pays thousands of professional photographers worldwide to snap pictures, nonstop.  Out of every 100 professional-taken photos the company pays photographers to snap, only 1 makes it to their archive for resale.

When individuals like you steal their images without paying their requested royalties, you cause the price of images for all other paying customers to go up.

If you have an oz. of integrity, you'd pay them for the image you stole and then proudly display it on your Website, since you know it's a very worthy image to display.