Messages

1186

Getty Images Letter Forum / Copyright Law Group Settlement Demand Letter (Attorney Mike Meier)

« on: August 17, 2012, 10:49:19 PM »

We have a new and very special extortion letter to share with everyone. It is the Copyright Law Group Settlement Demand Letter written by Attorney Mike Meier.

http://www.scribd.com/doc/103186966/Copyright-Law-Group-Settlement-Demand-Letter-Attorney-Mike-Meier

This letter was sent as an escalation to one of Copyright Enforcement Group's Settlement Demand Letters. 

Copyright ENFORCEMENT Group (not a law firm, http://copyrightsettlements.com) sends a settlement demand letter on behalf of AKM Images. However, the case then gets escalated to Copyright LAW Group (a law firm, http://www.copyrightdefenselawyer.com)

The names of the two businesses are virtually similar but involve very different people and parties. It is easy to confuse the two if you are not careful.

First, this is a visually-pleasing and well-formatted extortion letter.  I really like how the Liability Release has been attached to the letter. So handy for the extortion letter recipient.

Second, there is great deal of contact information that is helpful to anyone who want to check them out.

However, what really makes this letter very special is WHO is behind this extortion letter.  It is Attorney Mike Meier.  This attorney name rang a bell with me relating to the P2P/Bittorrent lawsuits and I relayed this to Robert who took this nugget and ran with it.

I wasn't sure if the Mike Meier of this extortion letter on behalf of AKM Images was the same Mike Meier of P2P/Bittorrent lawsuits fame.  According to Robert K., it is the one and the same person. Robert tells me he found a goldmine of information on this guy.

I think our friends at FightCopyrightTrolls.com and DieTrollDie.com might want to follow this thread as Robert rolls out his information and research.

1187

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: August 17, 2012, 10:33:10 PM »

This is an unexpected ELI news announcement relating to Oscar Michelen's recent actions and role in the Masterfile vs. Chaga case.

Certainly, it has been a huge legal victory for victims of copyright extortionists but Oscar's legal actions has created unintended consequences that I find quite disturbing and disruptive to ELI.  It could severely affect ELI's standing within the Google's search engine.  I lay the blame entirely on him.

Because of the massive legal defeat of Masterfile, Oscar has inadvertently forced an ELI name change here of "Masterfile Corporation" to "MasterFail Corporation". Unless there is a successful appeal, there is a good chance going forward we will be using the "MasterFail" name thereby mucking up ELI's standing in the Google search engine. MasterFail is certainly much more accurate and appropriate for the time being.

We hope that MasterFail Corporation has a short, unprofitable life and is put out of its economic misery.

1188

Getty Images Letter Forum / Re: ELI Factor: Episode 1 Premieres!

« on: August 17, 2012, 08:38:38 PM »

FYI, if you an ELI Junkie, we are working on an ELI threesome very soon!  (Get your mind out of the gutter....)

Plus, there are some special news items I will post tonight and tomorrow.  Robert is waiting for me to announce it formally, and then I stand back and let him do his thing.

Yep...I'm an ELI "junky"...you got me! I bet you do have some "extra special questions reserved just for me". LMAO!

I say Lucia should be next.
 

1189

Getty Images Letter Forum / Re: ELI Factor: Episode 1 Premieres!

« on: August 17, 2012, 08:35:32 PM »

It is clear that Peeved is an ELI Factor Spoiler.   

I just uploaded the video and didn't have a chance to announce Episode 3! She outed the episode before we were able to announce it!

Just for that, I am going make it a pet project to find her and track her down!

Next ELI Mission:  Find Peeved's True Identity!

hee, hee!

1190

Getty Images Letter Forum / Re: Got a letter, now what???

« on: August 16, 2012, 06:05:55 PM »

On a more positive note, it appears David Fewer is slowly making his presence known insofar as helping Canadian victims.  This is good in light of the fact there is still have no legal equivalent counterpart to Oscar Michelen here in the U.S.

I know I have written some harsh words regarding David Fewer (and Howard Knopf) for sitting on the sidelines watching Canadian victims twist in the wind.   But the fact that David appears to be communicating and sharing his thoughts more openly is something that gratifies me.

It doesn't hurt that his advice closely mirrors ELI advice.

I want it known that despite my previously harsh words against David Fewer for non-involvement, I would absolutely welcome David Fewer to the ELI Forums and give him a voice and platform for his views of the Canadian environment if he wishes.

What David Fewer needs to understand is that sharing information, insights, and informed opinions can be very helpful to the greater good even if you cannot directly represent someone.

I have no legal standing or formal legal training but that has obviously never dissuaded me to take on an informed position within a legal fight.  Everyone contributes with what they have.

I will likely extend a formal invitation to him in the near future to voice his thoughts and views.

1191

Getty Images Letter Forum / Re: Getty Images Sold!

« on: August 15, 2012, 12:19:38 PM »

I have no false notions that Carlyle Group would give a damn about anything except the money. Having said that, this only strengthens my resolve to do my part to help accelerate the demise of dinosaur media.  This is not an impossible dream.  Just look back at the last 10 years and see how the Internet continue to decimate huge conglomerates.

There is also the trend of "accelerating acceleration" of "faster change" that dinosaur media have difficulties in grasping. The only thing they have on their side (for now) is deep pockets to ride out the storm.  Inescapable trends always win over companies unable to change.

Even the great and invincible Microsoft is worried about their own relevance given the beating it has taken from the various Internet upstarts.

I am very optimistic we will see Getty Images and their ilk take a pounding due to social, economic, and technological forces that very much transcend ELI but where ELI also very much rides these waves of change (as long as I have anything to say about it.)

1192

Getty Images Letter Forum / Re: Getty Images Sold!

« on: August 15, 2012, 09:52:09 AM »

As I have discussed prior, the stock photo industry (as with most traditional media companies), their power continues to diminish as more users come online and become content creators.  This tsunami of content creators produce far more content than traditional media can every hope to control.

Getty's ongoing approach (as with several other stock photo companies) has been to continue acquiring more portfolios in an effort to prop up the value of their existing imagery.  The problem is there is a flood of digital photography being pumped and dumped out for very low and near free prices.

The days of most photographers trying to squeak out a living because someone wants to buy a photo for a high-dollar amount or agree to some all-controlling rights-managed agreement is over.  Only the large traditional media companies agree to such nonsense.  Everyone else will insist in low-cost imagery with unlimited time, royalty-free use.  IStockPhoto continues to be the wave of the future which is one of the smart things Getty has done in the acquisition strategy.

There is a rush away from high-cost media produced by high-overhead media companies.

Traditional book publishers have long poo-poo'd independent publishers such as myself.  They have a HUGE problem now that many high profile authors have figured out they don't need the publishers to take a big piece of their pie.  Authors are taking the cutting edge ideas straight to the marketplace.

So many alternative news sites now exists replacing antiquated newspapers and their sites.

Stock photo companies continue to blame piracy for their problems justifying their extortion letter programs.  The reality is most people won't pay more than $20/image anymore.  With the exception of specialized imagery, most people simply don't value images anymore.  There is an overabundance of images with more being pumped out everyday by people with portable digital cameras.

Getty Images and their ilk cannot face the fact that they are middle-men that provide less value-add with each passing day.  Power continues to shift to content creators.

I am going to enjoy watching Getty Images go the way of so many media dinosaurs as I have enjoyed watching book publishers continue to fall away as Amazon help trounced them.

One day smart photographers will figure out a new model of working to make money as many independent publishers/authors have begun to figure it out.  I have many ideas on the subject to help independent photographers but until one approaches me with some money, I won't be doing too much talking on the subject.  I am currently on the side of bringing down traditional media dinosaurs and empowering the little guy.

The days of so-called professional photographers snapping 1,000 photos and dumping them out for sale in hopes of making big royalties are over.  Very few people care about the photographers. People only understand one image is one image, no matter how much it might cost to produce that image.  That is the cold hard truth that they don't want to hear or accept as reality.

Mr Getty and Mr Klein founded Getty in 1996 with aims to bring the fragmented stock photography business into the digital age. Though valued below its peak last decade, the company has continued to prosper by diversifying into video and music licensing, even as many of its traditional clients, including newspapers and magazines, have suffered.

1193

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: August 13, 2012, 08:07:13 PM »

I believe Oscar has said that ELI is a "rough and tumble" environment. We can engage in an ELI Happy Dance if we want to although it would be unseemly in lawyer circles.

ELI makes no bones about being anything close to a "lawyerly" forum. Having said that, we take victories wherever we can.  And in this case, if that means a legal victory, we can savor in it.

Remember folks, fighting on the legal front is certainly an important one.  Unquestionably and undeniably, that is headed up by Oscar. He may not be here on a daily basis but make no mistake his presence continues to resonate throughout nearly all of ELI's activities. Likewise, the ELI Community can continue to assist him "on the ground" by gathering and reporting on new extortion letters.

Don't ever let the copyright extortionists lure you into the trap of arguing/fighting on their terms even if by chance they manage to score some kind of legal victory. I know I won't.

1194

Getty Images Letter Forum / MOVED: Google to start devaluing sites

« on: August 12, 2012, 04:55:11 PM »

This topic has been moved to Legal Controversies Forum.

http://www.extortionletterinfo.com/forum/index.php?topic=3131.0

1195

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: August 12, 2012, 12:53:47 AM »

Oscar submitted the latest documents regarding the Masterfile vs. Chaga case. It has been uploaded to ELI Document Library on Scribd. These are practically mandatory reading and basically takes the wind out of Masterfile's nasty reputation of filing lawsuits. If Masterfile hadn't stupidly tried to claim $6 million, maybe Chaga and Oscar wouldn't have had to embarrass the entire stock photo industry most notably PACA, Nancy Wolff, Steve Weinberg, and Masterfile.

Transcript of Proceedings
http://www.scribd.com/doc/99957273/Masterfile-vs-Chaga-Transcript-of-Proceedings-June-18-2012

Courts Finding of Facts
http://www.scribd.com/doc/102659307/Masterfile-vs-Chaga-Court-s-Findings-of-Facts

Entered Judgment
http://www.scribd.com/doc/102659308/Masterfile-vs-Chaga-Entered-Judgment

Report to U.S. Copyright Office
http://www.scribd.com/doc/102659309/Masterfile-vs-Chaga-Report-to-Copyright-Office-After-Judgment

These documents are very good reading and quite a brutal and explicit setback to those who followed Attorney Nancy Wolff's and PACA's "shortcut" and circumvention copyright registration advice.  Every member of PACA who followed Nancy's advice has found out the hard way her advice did not hold up.

The stock photo companies are more interested in assembling huge collections of images to control the inventory and artificially inflate their values than to follow rules to be eligible for copyright infringement claims.

The Court's Finding of Facts listed "multiple deficiencies" and that NONE of Masterfile's copyright registrations complied with Section 409 of the Copyright Act. NONE!!!!!

You can find this scathing list of Masterfile's deficiencies in the "Conclusions of Law" section. This really gives a huge black eye to Masterfile, Nancy Wolff, Steve Weinberg, and PACA.

Oscar seems certain they will appeal this case but they have to know that this will be an uphill battle.  And if they lose or not granted the opportunity for an appeal, it's over for the copyright extortion business from the legal perspective.

Nevertheless, the legally uninformed, ignorant, and spineless will continue to stupidly pay up but that is besides the point.

I have so much to say regarding the mindset of the stock photography industry and many photographers.  This entitlement mentality they have regarding how they conduct business with their images will put them under. There will soon come a day that most images will become nearly worthless if they don't start "getting it" in their heads that doing it the way they are doing it will continue to drive customers away.

They are one of the few businesses I know that continue to make enemies by the hundreds each week because they are too stupid to see the big picture. The valuation of all the stock photo companies just took a major hit this year with the onslaught of unfavorable legal rulings against the stock photo industry and copyright trolls in general.

1196

Legal Controversies Forum / Re: Google to start devaluing sites

« on: August 11, 2012, 06:55:09 AM »

It has been my personal experience that Google rewards website owners who focus on building and creating legitimate high-quality content. With the exception of ELI, most of my websites are not considered "high traffic" or "high visibility". And yet, very frequently my articles/blog posts seem to turn up fairly high in Google searches.

Oscar's courtroomstrategy.com frequently gets discovered by all kinds of people due to his unique content.

Google continues to do a good job making it easier for the "little guy" that has high quality content to be seen in their search engines. It is a great equalizer.

1197

Hawaiian Letters & Lawsuits Forum / Re: What is Glen Carner's Official Position on Vincent K. Tylor?

« on: August 11, 2012, 06:46:14 AM »

Dee,

It looks like you have been doing your share of investigative reporting. Very interesting but not entirely surprising. You have only confirmed our ongoing suspicions.

1198

Getty Images Letter Forum / Re: Haters

« on: August 10, 2012, 12:17:40 PM »

One of these days, I am going to write a definitive editorial on the issue of "theft" of intellectual property. I get sick of the "theft" notion being thrown around. As a publisher, author, blogger, content creator, and having experienced plagiarism, I can speak to this.

When I get around to it, they can then shove the "theft" word sideways up their ass, preferably without any KY Jelly.

Since no one has written this editorial piece on intellectual property "theft", I will take it up on myself to do so.

1199

Getty Images Letter Forum / Re: Haters

« on: August 10, 2012, 12:06:27 PM »

Most photographers have no clue.  If Getty Images, Corbis, Masterfile, etc. can't get their act together to manage their issues, most photographers won't either. The fact is most photographers are legally ignorant.  And even if they were knowledgeable, most don't have the ability to make it happen.  Most photographers are very sloppy in copyright registration matters and rarely have any actual legal experience.

I may not be an attorney but I have done my share of pro-se representation and it doesn't intimidate me.  Here on ELI, there are many ways to takedown and get payback on overzealous attorneys.

Everyone keeps barking how their attorney is going to do these magical things for them. Well, if they could work so much magic, the big stock photo companies would have succeeded by now.

And remember, it is YOUR blog.  You don't have to put with crap that people post. If people want to disagree, I think it's ok.  But if I got that kind of post, I would delete it entirely and let him continue pissing in the wind using up his time.

1200

Getty Images Letter Forum / Re: Harassment lawsuit against Getty in small claim court?

« on: August 08, 2012, 02:25:37 AM »

I have been to small claims many times.  They focus on monetary damages. It is very difficult to prove monetary damages in small claims court as it relates to emotional distress / harassment.  Saying that you are emotionally distressed and you need $2,000 to feel better really isn't the way to go.

Really, the only people who are truly distressed are the uninformed, ignorant, uneducated, and the spineless.