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Messages - Matthew Chan

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1276
I recently "discovered" Google Scholar. It is a nice little resource tool for us amateur legal eagles.

http://scholar.google.com

It isn't a perfect tool because it doesn't have as complete a database of court documents as PACER. However, Google Scholar has many of the court rulings previously discussed on ELI. What I like about it is that it is the text is very web-friendly and easier to read onscreen than the traditional PDF documents we upload to Scribd.  We will certainly keep and maintain our PDF-based ELI Document Library on Scribd.

However, wherever we can, I will point to Google Scholar entries for web-reading.

In the meantime, everyone of these cases including the "losing cases" is still primarily a "win" for the little guy and the innocent infringer.

Getty Images vs. Advernet
http://scholar.google.com/scholar_case?case=12601200581288978134&q=getty+images&hl=en&as_sdt=80003


Masterfile vs. Country Cycling & Hiking Tours by Brooks
http://www.scribd.com/doc/38989643/Masterfile-vs-Country-Cycling-013108-17

http://www.scribd.com/doc/38989625/Masterfile-vs-Country-Cycling-Final-Order

http://www.scribd.com/doc/38989617/Masterfile-vs-Country-Cycling-Judgment


Corbis vs. Nick Starr
http://scholar.google.com/scholar_case?case=9868916324876924961&q=corbis+vs.+starr&hl=en&as_sdt=80003

http://scholar.google.com/scholar_case?case=305916010928355284&q=corbis+vs.+starr&hl=en&as_sdt=80003

http://scholar.google.com/scholar_case?case=12341933908994271521&q=corbis+vs.+starr&hl=en&as_sdt=80003

You can get "official" PDF versions of these at the Government Printing Office (GPO) website:
http://www.gpo.gov/fdsys/pkg/USCOURTS-ohnd-3_07-cv-03741


Righthaven. vs. Wayne Hoehn
http://scholar.google.com/scholar_case?case=3036897279206838145&q=righthaven&hl=en&as_sdt=80003


Righthaven vs. Democratic Underground
http://scholar.google.com/scholar_case?case=16156250440551225950&q=righthaven&hl=en&as_sdt=80003


If there are any new cases supporting our position, we will add them to this post and thread.

1278
Wow, Matthew Inman is seriously successful as a cartoonist and entrepreneur. Look at his numbers. Whew.

http://www.guardian.co.uk/technology/2012/jun/21/oatmeal-carreon-comics-property?newsfeed=true

1279
Oh hell freaking yes! When the EFF is involved, the odds of winning go up dramatically. It doesn't hurt that Inman had a great case to begin with. This has just gotten a whole lot more interesting.

The Internet is rooting for Charles Carreon to get buried here.  Moron.

The EFF is joining the fight on the side of The Oatmeal.

https://www.eff.org/press/releases/eff-will-represent-oatmeal-creator-fight-against-bizarre-lawsuit-targeting-critical

1280
Take a look at this Photo Attorney Email Disclaimer at the bottom of their emails.  Is this like one of the stupidest things to tack on to an email?  Who the frak can even understand this? I had to read this thing like 4 freaking times to get everything it was trying to say.

Only lawyers and idiots listen to this gibberish.  There is no way a one-way email can bind anyone to a promise of silence and confidentiality. Everyone sends emails at their own risk.

If any of the Photo Attorneys or any other copyright extortion collection lawyers send me a message intentionally or unintentionally, I will absolutely and openly share it with everyone with zero notification whatsoever.


Quote
This message is being sent by or on behalf of a lawyer and may contain information that is proprietary, privileged, or confidential. If this message was not intended for you, it was an inadvertent disclosure of the contents. Please notify the sender immediately by e-mail and delete all copies of the message. If you have not received a written indication that the Law Office of Carolyn E. Wright, LLC represents you in a particular matter, you are not a client. If you respond to this e-mail concerning a legal matter for which we do not already represent you, your communication may not be treated as privileged or confidential. Thank you.

1281
Email me directly: matt30060 at gmail.

Matt...I have some info that might be helpful on this post but your PMs from me are blocked.

1282
Normally, I don't like getting sucked in to a case because it is a real time suck. However, this whole deal with Photo Attorney Client, Jennifer Sherrouse, is really newsworthy (and mockworthy) on so many levels.

As I was writing my previous open comments to Jennifer, it occurred to me that Photo Attorney might be in violation of the spirit of confidential settlement agreements.  They outwardly self-promotion and bragging about cases they presumably helped settle. What makes it worse is that all of the cases show up easily in Google.

http://extortionletterinfo.com/images/photoattorney-screenshot.png

One purpose of a confidential settlement is to prevent public embarrassment. If someone like ELI reports on the settlements, it's one thing, but for Photo Attorney to brag about the settlements publicly like they did with Jennifer Sherrouse?  It is a lightning rod for Photo Attorney and they are too stupid to know this.

If I were the client, I wouldn't be too quick to brag about this since THEY signed the confidential agreement. I think the people who settled would NOT take too kindly about this and they would have standing to file State Bar complaints against the Photo Attorney who allowed the case to be bragged about on their website.


1283
Yo mean like "Copyright Extortionist of the Month?" I had that idea of spotlighting someone each month.

1284
Actually, the LLC might be masking real estate agent, Jennifer Sherrouse's embarrassing past and the lawsuit filed against her by the US Government. Too late, the "secret" is out.  Except it wasn't a secret, it is all over Google.

1285
This case is a bit more "controversial" than most. It seems the "photographer" has been a bad girl and a bad real estate agent who has gotten her hands severely slapped int the past.

The mystery of the copyright transfer to this LLC is being untangled. We have also uncovered new changes in the Photo Attorney operation. They have done a better job going underground.

This story looks to be way bigger than a copyright extortion case.  Way bigger. Trust me.

Robert and I are comparing notes. Stay tuned.

1286
Thanks for the submission.  We are going to be digging into the new information.

Your attorneys are giving bad advice to totally ignore it unless you plan on running and hiding underground for the next 3 years. If on the small chance, they decide to file suit against you, it makes you look bad. It is only partially true that it is a "scare tactic". The other part is they could up the ante by paying the court costs to file suit to try to shake you down further.

Generally, we recommend some kind of response letter and "reasonable" offer like $100-$200 based on actual market value to cover your self. If they decline your offer, then they can never say you didn't try to work something out.

Oscar Michelen has a good Defense Letter Program against the major stock photo companies and collection that is probably more reasonable than most. He has prepared hundreds of these letters over the years and EVERYONE in the extortion business knows Oscar is well-versed on the subject matter.

But we are going to find out a bit more about this new LLC they have setup. This is a new twist.  And so is the $15K for 1 stinking image.  Outrageous.

It's not so much "weakness and fear" as it is determining the best strategy. I don't plan on sending them a dime. I've spoken to two attorneys already, and both have suggested that ignoring them is an option. It's probably not worth Ms Wright/Mr. Andersen's time and money to litigate, and the letter is simply a scare tactic. However, the same attorneys have also suggested that I could have them pen a response, which shows that I have representation, which further signals that litigation would not be an easy path for them to pursue. I'm inclined to do the former. The site in question is a side business, and I'd just assume shut it down versus paying these ambulance chasers. 

1287
You can email me directly the information you have to matt30060 at gmail. However, if you are being secretive because of possible retaliation then you are already an easy victim right at the start and you have just hurt chances by showing your weakness and fear.

Ultimately, we will find out about it anyway at some point if you prefer not to disclose. You really need to get educated, get coached, get a support call, or hire Oscar Michelen.

Your question is way too open to get into here.

1288
What is the name of this LLC?

1289
This guy is in serious denial. He may yet become one of the most hated attorney on the Internet. Even Timmy and the HAN lawyers aren't as stupid as Carreon.

http://www.forbes.com/sites/davidthier/2012/06/20/charles-carreon-on-his-oatmeal-suit-being-unpopular-gets-you-places/

1290
Getty Images Letter Forum / Re: Getty From Start To Finish
« on: June 20, 2012, 05:04:12 PM »
Moelle,

Not trying to be insulting here but you have a lot more to learn about this. You really aren't getting what everyone is telling you.  You have fallen into their trap of arguing on THEIR terms and not yours. You also need to get your client in line and educate them also.

The fact you have little money means little unless you know how to use that to your advantage. You may want to seriously consider an ELI Support Call so I can explain this to you in detail.

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