Messages

1171

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

« on: August 24, 2012, 06:43:45 PM »

Peeved,

You know you have been waiting for something like this to happen!    I know Robert has been chomping at the bit for something. Wait long enough and you shall receive!

WOW! Here we go!

1172

Getty Images Letter Forum / Re: Extortionist

« on: August 24, 2012, 06:41:09 PM »

Hello Big Brave Guy (cmeskee),

Unlike you, I sign my name to my posts, articles, and statements. I have done so since the beginnings of this website. I also put my face and reputation behind this website.  I am a publisher, author, blogger, website developer, and broadcaster.  That means I am a content creator and producer. I created this website and I am NOT an attorney but my lead partner is an attorney.

My lead partner in this forum is New York Attorney Oscar Michelen. He is a highly-regarded attorney in the New York area and his profile has only grown since then. We have worked together on this ELI website project for over 4 years now.

If you think coming here anonymously calling the entire ELI Community "thieves" will engender a lot of insightful answers, you might want to think again. It might make you feel good ducking in here with a mask on and calling out names but most of us are rolling our eyes at you.

If you need free explanations, go do more reading.  It won't be handed to you on a silver platter. Or you can pay me for an ELI Support Call and I can explain it to you.

And yes, what Getty and others of their ilk is considered "legalized extortion". I used that term from the beginning and it so happens many others including Oscar Michelen agree it.

In fact, ELI now discuss various types of "copyright extortionists" and we will continue to use that term.  For the record, we regard most of the letters we see as "extortion letters" and "shakedown letters".

How is that for a reply?

1173

Getty Images Letter Forum / Re: Haters

« on: August 24, 2012, 06:28:15 PM »

cemskee,

FYI, you are in "hostile" territory here on this website. That doesn't mean you can't post or participate here. It also doesn't mean you can't disagree with us.

Having said that, I don't think you are in any position to ask anyone to "explain" themselves. You can ask nicely the circumstances or the motivation of the alleged infringement. But for a newbie to come here and start barking up the "theft" analogy and demanding explanations from anyone is a bit presumptuous.

1174

Legal Controversies Forum / Re: Registering blog posts: Individual? Collective? What?

« on: August 24, 2012, 05:56:29 PM »

I am not a coder so it isn't part of my arsenal unless I hire someone. But since you are a coder and I got a taste of the concept, I definitely approve simply by virtue that it is something you can proactively implement without having to ask someone's opinion.

I say "rock on" and code your little heart out and teach this SOB a lesson and embarrass the crap out of them.

1175

Getty Images Letter Forum / Re: Aloha plastic Surgery update

« on: August 24, 2012, 05:51:25 PM »

I never knew this. Once again, I learn another nugget.  Thanks for explaining the context.

Robert:  that's the regular pace of Federal Litigation of this type. It only moves quicker if there is an injunction in place stopping someone from doing something regarding their business.  Then it can get resolved in a matter of weeks or months sometimes.  One thing folks often forget is that Federal judges also have a substantial criminal calendar.  Criminal cases take priority and must move more quickly through the system than civil cases. In addition, everyone who appeals a denial of a social security disability claim gets into Federal Court. These cases also clog up a judge's calendar. Finally, Federal judges like to set long dates like this and then never move them rather than set short ones that keep getting adjourned.

1176

Legal Controversies Forum / Joel Tenenbaum Case

« on: August 24, 2012, 05:48:11 PM »

http://venturebeat.com/2012/08/24/court-uploads-675k-fine-music-downloading/

Although I personally feel the fine is excessively high, it is very hard to find sympathy with Joel Tenenbaum simply because he was warned SEVERAL times to not engage in copyright infringement.

It is entirely possible that he can file Chapter 7 bankruptcy and sweep this judgment away.

It sounded like he was a stupid, cocky kid that didn't think anything could happen to him. No shortage of stupid, cocky kids nowadays that need a peg or two knocked out of them.

This case will quoted by copyright extortionists but let's not forget the context of his this kid got into the position he did.  This is a very unusual and unorthodox case.

1177

Legal Controversies Forum / Re: Registering blog posts: Individual? Collective? What?

« on: August 22, 2012, 09:19:50 PM »

I definitely like the message I saw flash up.  That was really great.  Any way you can leave that message up longer?  That was a lot to read.

I have to admit, that was quite creative and "devious".  I approve!  :-)

Keep the pressure up on NewsBlur.  If you want payback, you will have to run a sustained Newsblur campaign.  I know it can be a time suck but sometimes it is the only way to get them to pay attention and get satisfaction.  You seem to have a good programming background. You might be able to devise a way to replicate content on this copying issue. Over time, you might get the negative results you want for these folks.

On your blog, I believe you should "celebritize" yourself, your name, and works.  That gives your content even more "meat" and distinction.

In many ways your discussion of this situation is actually pretty cutting-edge. It isn't for the tame.

You may have started out your blog with climate discussions but you my  have just opened up a whole new line of discussions on a new issue.  My question is: are you willing to be a larger, more visible, and more outspoken advocate?  It could be this entirely new subsection of your blog!

1178

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

« on: August 22, 2012, 09:03:00 PM »

Mike,

Overall, I can't say I disagree with you.  However, one little CYA letter can go a long way on the tiny chance that things go differently.

People do stress way too much over Getty Images. 4 years of reporting has shown that Getty Images is in it for the money machine aspect, not the lawsuit aspect.

You will easily get another half dozen letters from various parties with varying messages by ignoring it.

1179

Legal Controversies Forum / Re: Registering blog posts: Individual? Collective? What?

« on: August 22, 2012, 02:32:19 PM »

We are talking in circles here. It doesn't matter the specifics monetizing or not.  Take off your engineering hat, if you are being "wronged", do something besides looking for a legal remedy.

Whatever they are doing wrong, VOICE IT loudly and publicize and SEO the offending party!  Use publicity and awareness to combat it.  Shame and embarrass the offending party if you have to. 

I know you like details, I cannot spell out every little thing you need to do. I am giving you a couple of effective strategies to combat it. Everything you are typing and explaining could be incorporated into your own websites or even "escalated" to complaint boards.

You have the opportunity here to list the specific website and party that is commiting these "wrong" but you don't name them.  Name them so they start getting into the search engines.  You should be naming them everywhere and tying them to your story.

What "should" be and "ought" to be is a futile argument.  I deal with what can be done and what works. Maybe you want to go spearhead some legislative effort. If so, you are pretty much on your own.

1180

Legal Controversies Forum / Re: Registering blog posts: Individual? Collective? What?

« on: August 21, 2012, 08:53:31 PM »

Lucia,

You are taken my comments too literally. I understand blogs don't have to have a business or monetary purpose. However, clearly you are offended by the feeder.  That means you are "missing" something.  Perhaps, not receiving the recognition, accolades, traffic, or something.

People in the content production business need to get used to the idea that good content will be replicated whether they like it or not.  Most people are inherently honest and appreciate original content from original authors.

The surefire way to not get your content replicated or used in any way shape or form is just not to produce any. Linda Ellis had the good fortune of a viral poem and yet she has managed to pollute and taint every person that thought well of her and her poem.  Instead of converting all this goodwill into something larger, she wants to extort people.

People pay tens and hundreds of thousands to have viral content produced. She got it "for free" in the 1990's but she wants to poison the virality of it.  How stupid is that? Because she is a small and scarcity-based thinker vs. an big and abundance-based thinker. She is also so insecure that the Dash Poem is her only valuable creation.

Content creators have to pick and choose your battles in all this.  Some keep thinking that they can control everyone through laws or rules.  If you want to keep finding some way to "stop" this feeder guy, that is your right but you will never find a lawyer or the right law to stop unethical activity entirely.

If I had a feeder guy keep pulling off my content without my authorization, I would spend my time capitalizing on that, not necessarily threaten litigation or throw some other law in their face.  The reality is I don't have any problems with nearly anyone replicating my online content as long it is credited and attributed.  And if it is NOT credited or attributed to me, then I would find a way to use the transport mechanism to my advantage.

Musicians and software guys are generally trying to get people to try out their content even if they have others distribute it.  They aren't even terribly upset about it if it is pirated.  Because they know it is another delivery mechanism.

It is almost always possible to turn a negative in to a positive if you are willing to reframe or recontextualize the situation.

1181

Legal Controversies Forum / Re: Registering blog posts: Individual? Collective? What?

« on: August 21, 2012, 01:25:57 PM »

I think it's safe to say that legal remedies aren't going to be enough.  Regardless of the underlying technology or method, if you feel you are being infringed upon through some trickery, then your best bet is to flip it around and let everyone know what is happening and that you are the source and originator of this great information.

If people liked the "feeder" information, I would then give people reasons to directly visit you as the source.  Who doesn't want to go back to the source?  Who wants to accept a blind feed of unverified info when you can get it to the source.

You have to get into the minds of your audience. Although I don't like being plagiarized or don't like being in a "feeder", I would flip the situation around.  In fact, why not use their "feeder" for advertising your work and products/services you might have.

You could embed the words in your article "visit source xyz dot com if you reading this from a feeder" or maybe incorporate and image or diagram with your posts that has your URL in there.  It would be difficult to get a feeder to replicate all the anti-copying methods.  Use the feeder and copying to your advantage by getting MORE traffic and recognition.

Too many people waste time on the legal front when it can be flipped around to their advantage using existing web technology.

1182

Legal Controversies Forum / Re: The Power of the Internet when used correctly!

« on: August 20, 2012, 08:54:18 PM »

The original blog post was here.

http://mattfisher.tumblr.com/post/29338478278/my-sister-paid-progressive-insurance-to-defend-her

Its actually humorously written over something very tragic.

1183

Legal Controversies Forum / Re: Registering blog posts: Individual? Collective? What?

« on: August 20, 2012, 08:47:35 PM »

Does everyone remember you are on the ELI Forums? Doesn't anyone remember how I operate in principle?  Doesn't anyone remember how and why ELI started to begin with?  Does anyone remember why ELI is so effective?  It's based on principles I have used many times before. I have discussed this over the years.

Stop trying to "outlegal" the guy.  That is a waste of time and unethical people don't worry about the legal system.  I been down that road before with the "Cobra Collection Agency Scam". Go look it up.  The woman I dealt with never gave a shit about the legal front. So I came up with a plan to expose her publicly.

In your case, you use Google to your advantage and start giving the person and the website a lot of attention and call them what they are:  PLAGIARISTS!

I've had a lot of people plagiarize me over the years because I am good at what I write. An example is a domain I sold a couple years back: Prohomebuyers.com.  For the sale of a domain, he took the logo I had design and all the text I wrote without permission.  I already told the guy to change the text. He gave me lip-service he would but never did. 

He is so lazy that he even uses the credibility statements I wrote!  It actually applies to very few people. I feel sorry for whoever deals with this liar who "adopted" my and my partners professional background.

http://prohomebuyers.com/ourcredibility.php

I have the original text still on my computer and he completely uses them as he wrote them. I find it hard to believe he does everything exactly as we do them. I don't go public on him simply because I could care less now and he is in a totally different market and I am no longer "buying" investment property. I have more than enough.

It would have been a waste of time trying to discuss copyrights and the like. I don't need a lawyer to tell me if someone is plagiarizing me.  If I really wanted to go after this guy, it would very easy to embarass the crap out of this guy and make the domain worthless.  After all, I started and built up all the traffic and reputation. I can certainly bring it down to its knees.

This guy is a plagiarist, plain and simple.  He hides behind a domain name as so many people do.

Lucia, Use big, bold letters and keep repeating your story often in various places.  Make sure everyone of your reader knows this person and website are PLAGIARISTS with no original thought or content.  Make sure you fully identify yourself as the other person tries to hide out.

1184

Legal Controversies Forum / Re: The Power of the Internet when used correctly!

« on: August 20, 2012, 08:31:20 PM »

What an amazing story.  Progressive Insurance got very motivated very quickly.

This is what stuns me about all the extortion letter victims who continue to be silent.

I think it's safe to say that the ELI Community subscribes to speaking out very loudly against "wrongfulness".

1185

Getty Images Letter Forum / New ELI Factor Episode Released!

« on: August 18, 2012, 10:46:33 PM »

ELI Factor - Episode 3 has officially been released with show notes.

http://www.extortionletterinfo.com/eli-factor-episode-3/

However, our own "Peeved" spoiled :-) Robert's surprise episode where he takes the host chair and interviews ELI Community Member, Greg Troy.