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Messages - Greg Troy (KeepFighting)

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1396
I am planning on opening an account at the first of the month, I will have to be careful as it sounds like I could send hours in there too.  Thanks BuddhaPi, careful and have a safe trip!

Be warned about pacer!! I get in there for hours at a time!!it's ahndy for all types of reasons....for example I have a friend who was in the garbage business in New York City...whoever would have thunk!

This is great Matthew!  I don't have a PACER account yet so this will defiantly be an aid in my research.  Thank you!

1397
Getty Images Letter Forum / Re: My Response Letter to NCS
« on: June 23, 2012, 11:49:20 AM »
Thanks for fixing the link!

The original post has been corrected to the new link on Scribd.

http://www.scribd.com/doc/71252305/Fair-Debt-Collection-Practices-Act-ELI-Highlights

You have to download the file to actually see the highlighted text. A Scribd feature bug that doesn't work well with Adobe Acrobat highlights.

Thanks BuddhaPi.  I don’t remember seeing this thread as I went back over past entries  I have found and read the FDCP before while doing research for my case if it goes there but as usual Matthew sums it up beautifully.

Just an FYI the http://extortionletterinfo.com/eli-fdcpa.pdf Link in the article comes up as a 404 not found.


1398
This is great Matthew!  I don't have a PACER account yet so this will defiantly be an aid in my research.  Thank you!

1399
There is a lot of information here and I will be going back and re-reading it again to take it all in but this was indeed a very costly win for Corbis.
 It is also very interesting that they found they web designer partly liable especially since it was not proven who provided the images as each blamed the other.  Perhaps web designers should start providing a warning about copyright infringement and the dangers of the so called “free” images and not using anything unless you created the image or got it from a government site where the images are copyright free.

Matthew once again hit the nail on the head; while Carolyn E. Wright can say that this was a win for her, I’m not sure how current or potential clients would feel about her abilities if they knew the win ended up costing her client (Corbis) a 127k.

1400
Getty Images Letter Forum / Re: Cyber Liability Insurance
« on: June 22, 2012, 10:43:55 PM »
I thought it was very good and helpful, so thank you :)

Well I cannot answer your question. But I'm gonna post anyway. (Remember, I'm the big "free speech" advocate.) So just skip this post.

Okay, now that the original poster has skipped over this post, let me just share something with anyone else who comes across this thread with a similar issue. If you have other users visiting your site and they are posting content, you cannot be held libel for their infringement. However to protect yourself, you need to file a DMCA agent and that costs $105. Please read this: http://www.wired.com/threatlevel/2010/10/dmca-righthaven-loophole/

Too bad the original poster didn't read this. He may have even issued a polite "thank you."

:)

1401
Getty Images Letter Forum / Re: Cyber Liability Insurance
« on: June 22, 2012, 08:36:17 PM »
Well said lucia.

If you don't post the content on your  site, you can rely on the DMCA for protection provided you registered a DMCA agent.
Nice guy-- I want you to reread what Oscar said.

I also wouldn't be surprised good cyber liability insurance companies didn't require this-- sort of like banks extending mortgages require home owners insurance.

If your in the cyber business, let third parties post stuff to the extent that you are considering insurance for what they might post, you should certainly file a DMCA agent.

Of course I know I didn't follow your instructions to provide a good cyber liability insurance.  But then, my impression is Matt and the ELI team are the only ones who can moderate us.  And I judge that it's better for this thread to contain useful guidance for people who might, in future, come across the thread. A list of "good" cyber liability insurance agents will not benefit them as much as being told to register a DMCA agent.

1402
Getty Images Letter Forum / Re: Cyber Liability Insurance
« on: June 22, 2012, 07:24:06 PM »
LOL!  ::)

1403
You weren't kidding!  Linda Ellis should take note of this and see what happens when you make something that people actually want to buy.

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


1404
I think Carreon is in for some judicial butt hurt on this one. :) :) :)

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

1405
Love it! ;D

Also, one man's "high road" is another man's "back '40 of the Internet".

1406
I like that BuddhaPi, clean, simple, and done.  I was looking at from the point of defending it yourself, but I agree with you I think would be the best way to go.

I'm going to cut to the chase here as a web developer, and web host provider, this is what I would do and have done in the past to assist my clients and keep them happy, which is of utmost importance to me..

Have your client hire Oscar to draft the letter, then you somehow pay back the client, whether in cash, or future work... this is the easiest solution to keep everyone happy.

I've had a client get the letter ( actually 2 clients). the client supplied the images to me, so it was not my fault in any way shape or form, I had them hire Oscar and credited their accounts, it solved the issue and my client were more than satisified.

1407
Hi rawr and welcome to the forums.  Here are my thoughts on it and the others will chime in and add or correct as needed I’m sure.

1)   Do I even have that right? Does Getty even acknowledge me as 3rd party it would talk to? I am not listed as an owner of the website and the case is between Getty and my client.

Getty will most likely not care and continue to go after the client unless full payment is made.  It is only about the money with Getty, they do not care about the who, what, where, why and how of the situation, they just want the money.

2)   What are my liabilities with Getty? I understand that there would be issues between me and my client but would Getty target me instead? (reason such as: I have more websites for more potential violations, I am more available so they will bother me instead, etc.)

There are a lot of issues here; you may wish to consider a support call with Matthew as he can address each in detail. You must assess the risks for you and your client but I will say that Getty has not sued anyone over one image.

3)   Getty states that it is the owner of the website who are liable rather then those such as web admins or web designers, how would they regard me if I were to call them? I do not want to be on the radar or admit anything.

Don’t call it’s a waste of your time and will get you nowhere, do everything in writing.  Keep reading as there is a lot of information in the forums that will cover most things, but again, Getty doesn’t care as long as the image is taken down the only thing they want is money. 

They are senging you an invoice but they did not provide you with proof that they hold rights to the images to pursue claims against it and they won’t.  I would never pay any invoice without proof they the money is owed.

Again, consider talking to Matthew on the phone.  A good place to start is here:

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


Hi Everyone,

Thanks for taking the time to read my topic, this forum has been extremely helpful in understanding the situation.

I am a web-admin for various clients, and one of them got hit with the usual letter Getty sends out for one image on a banner that I put together for them, my source came from an image pack I downloaded a few years ago that was license free (the source no longer exists). I have been helpful to the client and have even sent an email to Getty trying to settle the matter but they never respond to me directly. My client wishes me to "take the reigns" in trying to resolve the issue. My questions are:

1) Do I even have that right? Does Getty even acknowledge me as 3rd party it would talk to? I am not listed as an owner of the website and the case is between Getty and my client.

2) What are my liabilities with Getty? I understand that there would be issues between me and my client but would Getty target me instead? (reason such as: I have more websites for more potential violations, I am more available so they will bother me instead, etc.)

3) Getty states that it is the owner of the website who are liable rather then those such as web admins or web designers, how would they regard me if I were to call them? I do not want to be on the radar or admit anything.

I don't want to shoot myself in the foot or throw myself under the bus, but at the same time I would like to help my client as much as possible. Any thoughts on this matter would be helpful. Thanks for your time!

1408
Maybe instead of Linda’s Gnomes you can do a series of Copyright Trolls, that way we can share the love with each of our “Special” friends.  :)


I was making McCormack into an Internet meme.
Maybe I'll use Andersen instead.

Hell, maybe I'll do both.

S.G.

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