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1366

Legal Controversies Forum / Ad Biz Claims It Must Disregard User Privacy Choices to Safeguard "Cybersecurity

« on: June 29, 2012, 11:51:38 PM »

I found this link to an article about a Senate hearing that took place yesterday, June 28 in which it was argued that user privacy needs to be disregarded to safeguard our" cyber security". The call for the disregard of our online privacy is being headed up by an advertising company saying that it needs to track our online browsing claiming that there is a ”purported connection between online behavioral tracking for advertising industry purposes and online sexual predators or ID theft." They also asked that the Senate hearing to allow ISPs to collect data on Internet users not accused of any crime and to let company share sensitive data with the government without a warrant. Fortunately, Sen. Rockefeller was not convinced that this needed to be done, the EFF is watching this and we should be keeping an eye on it as well.

https://www.eff.org/deeplinks/2012/06/ad-biz-claims-it-must-disregard-user-privacy-choices-safeguard-cybersecurity

1367

Getty Images Letter Forum / Re: Should i settle???

« on: June 29, 2012, 09:27:03 AM »

JT welcome to the forums. I agree with Robert why settle, if this is an innocent infringement then the fees they are asking in their demand letter are unreasonable. I would continue reading the forums as there is a wealth of information contained in them. The other issue I have with Getty is that even if you are trying to settle with them and request that they send you proof that they hold exclusive rights to the images by and are able to collect copyright infringement damages, they will not provide you with any proof. In my opinion if someone is presenting you with a bill but refuses to justify the total on the bill I will not pay it.

If you do not have the time to read through the forums, again I agree with Robert and I would consider using the ELI support call with Matthew, he can give you a lot of ideas and strategies that you can use to defend yourself against these extortion letters. Again welcome to the forms JT, continue to read and ask questions and please keep us posted.

1368

Getty Images Letter Forum / Re: Masterfile Letter

« on: June 28, 2012, 12:30:34 AM »

I'm going to just state my opinion here and the others will join in and correct me if I'm wrong or have left something out. Contacting the artist may or may not be of help to you, a lot of it can depend on the contract the artist has with Masterfile. Masterfile is known as one of the few stock image companies that actually seems to have their paperwork done correctly. If the contract with masterfile transfers full and exclusive rights to the image and the authority to pursue copyright infringement I'm not sure how much the artist could do.

I only remember one instance where someone had contacted the artist and that was over a Getty image, as it turned out the artist had severed ties with Getty because they were unhappy with them and I believe he was able to successfully argue his case stating Getty had no rights to the image since the artist had severed ties with them.

As to why there is not a masterfile form I can only speculate, and Matthew or Robert will have to give us the definitive answer but it is my guess that we just don't see enough Masterfile letters to warrant an entire form on it.

Reading your previous posts about your friend I am going to agree with Robert that probably the best thing he can do would be to contact Oscar and join his defense letter program. For the little bit of money you will pay you are getting a highly experienced lawyer in this field and once Oscar informs them that he is representing your friend, your friend will not be contacted again in be able to devote his energies to getting well.

Please keep us informed and let us know what your friend decides to do, best of luck to you and your friend.

Thanks for your advice it seems reasonable to me.  Hopefully it will yield postive results. Reading through the post is quite interesting and informative.  It is sad that these trolls who prey on people give real and legitimate copyright enforcement a bad name.

A few other questions if you would be kind enough to offer advice.

1.) Do you have any results contacting the photographer directly and asking him if he is aware of how they handle his business with repect to this ?  I wouldn't buy a dime worth of his work if he condones this.   I noticed on his page he has no copyright notice on his works at all.  While I understand that when he puts it it in fixed form he owns the copyright it would seem if you are concerned with it you would at least display the notice.  Your thoughts please?

2.) Why don't you have an MF forum?

Thanks

1369

Getty Images Letter Forum / Re: Recieved a demand letter today.. What do you think of my response?

« on: June 28, 2012, 12:11:02 AM »

I agree lucia is awesome and we are very lucky to have her here with us.

Thanks again everyone.. I will totally keep you guys in the loop as things develop.

Lucia your responses are amazing.. i'm not sure I can write mine as well as yours but it is certainly inspiring .

1370

Getty Images Letter Forum / Re: Getty & Collection Agencies

« on: June 28, 2012, 12:08:56 AM »

This could be result of ELI’s educating extortion letter recipients that if they get a letter or call from NCS all they have to do is tell them that this is a claim not a debt and don't call me ever again. If this is happening enough perhaps Getty has realized it's just a wasted step and they should just let Timmy have a crack at it. I don't know if this is the case or not but I would sure like to think that we are having an effect. I know we have had an effect on the letters that are sent out since the time this form first started, they are now much less aggressive in tone and more sanitized than they used to be and in some cases if it were not for the demand amount would no longer be considered extortion letters.

1371

Getty Images Letter Forum / Re: Hello and I just got a letter from Getty

« on: June 27, 2012, 11:59:42 PM »

I know the class action question has been brought up quite a bit and I wondered the same thing myself when I first received my letter but I don't think we'll see a suit in the states in the near future. Unfortunately, it is my opinion that while unethical, what Getty is doing is inside the law. However, I feel strongly that we can fight back by filing complaints with the Atty. Gen.'s office and the BBB. I do want to clarify about filing a complaint with the Atty. Gen. you should not do this just to file a complaint, as Matthew has said you must truly believe that you have been wronged and be willing to sign your name to the complaint. Don't put anything in the complaint that you would not want anyone else to read as all complaints at the Atty. Gen.'s office are public. Perhaps if enough complaints reached the Atty. Gen. about Getty they will investigate it.

There is a class-action lawsuit against Getty that is just been filed over in Israel and you can read about it here.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/class-action-suit-filed-against-getty-images-master-delegate-in-israel/

Well after searching the forum I see that the idea of a class action suit is hardly new. It's hard for me to believe it would be considered legal to be basically harass people they know they have no legal claim against just to extort money, as this case pretty well is an example of, as well as mine - so I would think it would be possible to make a case for damages in those cases.
But I'm not a lawyer so i'm sure Oscar would know better.

1372

Getty Images Letter Forum / Re: FunnyJunk Attorney Charles Carreon is a Tool & Dumb Extortion Lawyer

« on: June 27, 2012, 11:32:49 PM »

I agree that this is not what I would consider having backfired, with Carreon trying to stop fund raising for charity, and his wife on a wild rant, this cannot help Carreon's case in the public eye.  And let's not forget how this all started too, with Matthew Inman bloging about Funnyjunk hosting hundreds of his images without permission and often without credit then Funnyjunk trying to collect 20k for defamation.  The whole thing was ill conceived from the start and Carreon just keeps digging himself in deeper all the time, while it appears that Funkyjunk has had enough sense to let it go and try to distance themselves from the fiasco they are still mentioned in every article about Carreon.

I would love to hear Oscar's opinion of all of this.

@Matthew
I think this would be a great topic for the ELI Factor

I disagree on the very last article, this lawsuit thing being something that backfired.

Carreon made Inman a bigger hero than ever and helping Inman earn even more money and farm.  Although a time-suck and slightly inconvenient, he is in a great position and this is going to do wonders for Inman. It is giving him millions of free coverage and fame. He is on the right side of this fight.

I would gladly step into Matthew Inman's shoes lawsuit and all.

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Getty Images Letter Forum / Re: ELI Video Updates Ends. The ELI Factor will launch soon.

« on: June 27, 2012, 02:17:33 PM »

The intro looks great Matthew, looking forward to seeing it!

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Getty Images Letter Forum / Re: Hello and I just got a letter from Getty

« on: June 27, 2012, 09:11:58 AM »

Welcome to the forums alanspicer!

I agree with BuddhaPi, this appears to be a case of fair use.  If you are unfamiliar with it here is a link that may be helpful

http://en.wikipedia.org/wiki/Fair_use

I would read this article and send them a letter telling them you were commenting on this and it falls under fair use and possible look up and cite some fair use cases.  It sounds like you are off to a good start, keep reading and asking questions if there is something you don’t understand as there are a lot on very knowledgeable people here.  Don’t let them rush or hurry you with these artificial deadlines they impose trying to panic you into paying.  Good luck and please keep us posted!

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Getty Images Letter Forum / Re: FunnyJunk Attorney Charles Carreon's Wife, Tara Carreon Shows Her Stuff

« on: June 26, 2012, 11:28:18 PM »

  Wow, I’m not even sure what to say after reading that other than maybe Tara Carreon and Linda Ellis should hang out together, I think they may have a lot in common. Also I don't think Charles needs your help Tara, he's doing a fine job of destroying his own career.

I will give her credit on one thing, even at the maddest I have ever been I don’t think I could have strung that many insults together at one time.

Again, wow!?!

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Getty Images Letter Forum / Re: a follow up on Matthews reference to "The Streisand Effect"

« on: June 26, 2012, 04:44:57 PM »

I think we need a new term for Carreon, maybe the "Bear Love Effect"

While searching for a link to the image Mathew Inman drew of Funkyjunk's mom seducing a Kodiak bear I found this article which was Inman's responce to Funkyjunks letter that contained the cartoon, I am including it here because it's a riot as they have blurred out the cartoon

http://www.huffingtonpost.com/2012/06/15/operation-bearlove-good-cancer-bad_n_1599725.html

Here's a link to an artice that has the cartoon in tact.

http://laughingsquid.com/the-oatmeal-fights-back-a-lawsuit-threat-with-operation-bearlove-good-cancer-bad/

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Getty Images Letter Forum / Re: My Story

« on: June 26, 2012, 04:30:56 PM »

You are right it is fruitless at this point to continue the conversation with them.  I basically told them we have nothing to discuss unless they provide me with all the proof I have asked for.  I have completed and am ready to send off letters to the Attorney General’s Office in Washington State and Ohio State (Where I reside) as well as to the BBB.  I have received my fourth letter stating that if I don’t pay the matter could be escalated to their legal department, if I get a letter from good ol’ Timmy and still have not been provided with all of the documentation I have asked for I will fire off complaint letters about him to all of the above along with the State Bar Associations of the three states where he is licensed.  I am done talking with them until they prove we have something to discuss.

You have to decide what is best for you and your situation though, hang in there and please keep us posted.

1378

Getty Images Letter Forum / Re: Lessons and closing thoughts from a letter recipeint

« on: June 26, 2012, 02:37:14 PM »

I am very happy for you justaperson!  I hope you will continue to stick around and be a part of the forums.

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Getty Images Letter Forum / Re: Recieved a demand letter today.. What do you think of my response?

« on: June 26, 2012, 02:33:15 PM »

Nicely done lucia.  That was a great letter!

1380

UK Getty Images Letter Forum / Re: Another UK Getty 'Love Letter'

« on: June 26, 2012, 02:26:59 PM »

You can send them another letter if you want but it will not change anything, they only want the money.  I did send a second letter, again asking for the information proving they have rights to the image and a small 75.00 settlement offer. I also let them know that whether they took the offer or not I had nothing further to discuss with them until they provided me with proof of the claim.  I received a third letter since then threating to escalate to their legal department which I have not replied to nor will I.  I have just finished letters to the Attorney General’s office in Washington State and Ohio as well as the BBB which will be sent this week.  If Getty’s lawyer Timmy McCormack send me a letter without everything I have requested I will send letters about him to all of the above as well as the State Bar Associations in the three states he holds licenses.

Keep reading the forums and asking questions, pretty much everything you need is in here.  If you feel you need more help get a support call with Matthew.  I’m sure you have seen it but in case you have not or there is someone else new reading this here is the link.  Keep us posted as to what happens.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/getting-help-with-your-extortion-letter/