Messages

1246

Getty Images Letter Forum / Re: Getty Images and Complaints filed with the Washington State Attorney General

« on: July 27, 2012, 08:54:21 PM »

Hey guys I just found something very interesting in the first file that Robert has so graciously made available to us. When opened it is on page 114 of 233 and halfway down the letter in the paragraph starting on March 22, 2012 it states that the complainant Ms. Donna Misra after receiving a letter from Timothy McCormack she called his office to speak with him and ended up speaking with paralegal Susan Klatt. She states that Ms. Klatt demanded payment and also states and I quote "she threatened to file a lawsuit". Please correct me if I am wrong but that is a major no-no as a paralegal cannot threaten to sue on behalf of of the law offices they work for.

Perhaps Ms. Misra should be added to our possible contact list as to me this looks like one that should go to the Wyoming, Oregon and Idaho State Bar associations against Timmy.

I will continue to post things of interest as I find them especially for possible follow-up contact with the complainant.

1247

Getty Images Letter Forum / Re: Getty Images and Complaints filed with the Washington State Attorney General

« on: July 27, 2012, 07:21:59 PM »

Yes!  I've Been waiting foir this, Thanks Robert!

1248

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 27, 2012, 03:18:39 PM »

Just an update for everyone, the screen on the Getty payment website still says that this case is not available for online payment and has not changed. 

Getty has not as yet responded to the BBB complaint which was delivered to them on the 24th.

I have not heard anything as of yet from the Washington State or Ohio AG offices, the FTC,  or my Fed and State Congressman and Senator. 

I will keep everyone updated.

1249

Getty Images Letter Forum / Re: Another Victim

« on: July 27, 2012, 01:17:26 PM »

I agree 100% with Robert, I would not pay them a dime until they prove to you that they actually own this image and have the exclusive rights I'm sure they are claiming. I would not worry too much about the imposed payment deadline as pretty much every letter you will get from Getty will say you must pay within 14 days, this is a tactic used by Getty to instill a sense of fear and urgency and try to get you to pay quickly before you have a chance to research the situation. Also to the best of my knowledge and all of my research Getty has never litigated anyone over one image.

From what I have read in your article it sounds like this is a case of innocent/non-willful infringement and as such would generally fall under the absolute minimum fine which would be $200, providing Getty can prove their claim.

Again, I would urge you to read more in the forms and ask questions before making any decisions. Please keep us posted and let us know what you decide to do.

1250

Getty Images Letter Forum / Re: Attorney Cindy Hsu no longer associated with Carolyn Wright?

« on: July 26, 2012, 10:41:06 PM »

One troll at a time till there's none

I'd like to think ( but can't confirm) that her departure may have had something to do with the exposure ELI freely gave her and her demand letter.. The same holds true for our Canadian friend Julie Stewart.. Although this may not be the change we are all working towards, I see it as a change nonetheless.

1251

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

« on: July 26, 2012, 11:18:16 AM »

Great premier episode guys! Looking forward to seeing where you take this as it has a lot of possibilities to expand ELI's reach.

1252

Legal Controversies Forum / Elusive FinFisher Spyware Identified and Analyzed

« on: July 25, 2012, 09:59:24 PM »

This one is a bit off-topic but I found it a very interesting read and thought I would share it.

https://www.eff.org/deeplinks/2012/07/elusive-finfisher-spyware-identified-and-analyzed

1253

P2P/BitTorrent Lawsuits Forum / Another Small Victory in the Malibu Media Lawsuits

« on: July 25, 2012, 09:56:03 PM »

I was just reading an article over at the Die Troll Die website where Judge Martinez in Colorado has just ruled in two of Malibu Media's lawsuits that the court finds improper the joinder of all of the does in one filing. One case names does 1-5 and another case names does 1-54. In what seems to be a move designed to make it tougher for the trolls, Judge Martinez has ruled he must file a separate suit for each doe which will quickly add up to a nice chunk of change. So now if Malibu Media wishes to continue with their suit they must file a 57 suits instead of 2 at $350 a filing which means they must pay $19,950 to pursue this. I think Judge Martinez deserves and ELI pat on the back for striking back at the trolls and their frivolous lawsuits. Now Malibu Media must decide if the limited prospects for victory is worth the outlay of cash to file the suits. You can read the entire article as well as Judge Martinez's rulings in the link below.

http://dietrolldie.com/2012/07/25/judge-martinez-co-severs-does-in-colorado-malibu-media-cases-112-cv-01405-112-cv-01407/

1254

Getty Images Letter Forum / Re: Recieved a demand letter today

« on: July 25, 2012, 12:30:33 PM »

That's a good one Jerry and to go along with their new motto they should play the Rolling Stones song "Get off of My Cloud"

Wow. Getty's new motto:

"We Copyright the Sky"
©2012 Getty Images

If it were me, I'd write them back and say, "Good One. I thought I had really infringed. Just for fun, please send me the proof of registration and the agreement with the photographer." Then I'd leave it at that.

Can you imagine them suing for this? I believe they'd be laughed out of court.

1255

P2P/BitTorrent Lawsuits Forum / BitTorrent Plans To Help Artists Get Paid While Giving Their Creations For Free.

« on: July 25, 2012, 12:27:03 PM »

In many people's minds (especially those in certain industries), the word "torrent" is synonymous with piracy. This has obviously caused a bit of problem for BitTorrent, Inc., the parent company of BitTorrent client, uTorrent. Despite the fact that uTorrent has legitimate uses, most members of the press and politicians continue to link BitTorrent with the act of copyright infringement, and in some cases, seem to believe that The Pirate Bay and BitTorrent are either related businesses, if not actually the same entity.
 
Following the footsteps of Youtube, BitTorrent is experimenting with ways to help artists make money while still giving away their work for free. The first experiment goes live today. Torrentfreak has the details:

http://www.techdirt.com/blog/casestudies/articles/20120724/13470519813/bittorrent-announces-plans-to-help-artists-get-paid-while-giving-their-creations-away-free.shtml

1256

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 25, 2012, 12:04:32 PM »

As you said Moe, if no one complains they can't do anything about the rating. Uncle Glenn must have his demand letter program fine tuned, as I remember reading he has stated that 50% of his revenue is through his demand letter program. I would be interested in knowing what the complaint situation looks like with the Hawaiian Atty. Gen.'s office. I may write them as Robert wrote the Washington State Atty. Gen.'s office asking for a copy of all complaints filed against HAN.

You're right, Greg. It seems they should do worse, although a C is a very low rating by BBB standards.

What's even more shocking is that Hawaiian Art Network has an A+ according to the BBB in Hawaii:

http://www.bbb.org/hawaii/business-reviews/art-galleries-dealers-and-consultants/hawaiian-art-network-in-honolulu-hi-27000881

Here's why the BBB says HAN deserves such a sparkling grade:

Reason for Rating
BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that raised Hawaiian Art Network LLC's rating include:

Length of time business has been operating.
No complaints filed with BBB.
BBB has sufficient background information on this business.

In other words, this may be because their paying victims sign nondisclosure agreements and the victims who are free to do so are not complaining to the BBB.

Those who have received a HAN letter, this is your golden opportunity to strike back at them: Their fresh record is waiting to be filled with your complaints! Don't forget to tell the BBB all about the mysterious baitpaper epidemic on the internet!

1257

Legal Controversies Forum / Re: Wedding Photographer Who Did A Great Job Threatened with 300k Lawsuit

« on: July 25, 2012, 08:36:20 AM »

I think after that letter he lost his case, which is just as well as since it sounds like he's just out to roll the photographer.  You are right Robert, even the worst McCormack letter was never even anywhere close to that bad.

1258

Getty Images Letter Forum / Re: Photo Attorney Leslie J. Burns Extortion Letter Scam Hits "Ripoff Report"

« on: July 24, 2012, 09:00:31 PM »

Unfortunately I tend to agree

THIS>
they're just that greedy and hoping to cash in while they can.

Yeah it's never a good sign when a new lawyer right out of the gate is getting that kind of negative attention. I don't know if these new lawyers are just that naïve and don't research what's happening to these other trolls or if they're just that greedy and hoping to cash in while they can.

1259

Getty Images Letter Forum / Re: Possible reasons for class action suit against Getty in the USA

« on: July 24, 2012, 08:13:24 PM »

SG that is very well put and very good points, thank you.

1260

Getty Images Letter Forum / Re: Photo Attorney Leslie J. Burns Extortion Letter Scam Hits "Ripoff Report"

« on: July 24, 2012, 08:08:17 PM »

Yeah it's never a good sign when a new lawyer right out of the gate is getting that kind of negative attention. I don't know if these new lawyers are just that naïve and don't research what's happening to these other trolls or if they're just that greedy and hoping to cash in while they can.