Messages

1441

Getty Images Letter Forum / Re: ELI Currently Exists Based On Annual Agreement Between Matthew & Oscar

« on: May 12, 2012, 08:47:05 PM »

Moe,

I will offer more behind-the-scenes information as to what makes ELI happen to give people some sort of appreciation and perhaps incentive to make an ELI Contribution. I believe it is a value perception and awareness issue. I tend to work quietly and do whatever it takes without asking anyone because I am results oriented However, I am doing a better job letting people know what is happening and what is actually getting done. Being quiet doesn't serve me or ELI.

What I am NOT going to get involved with is doing a FAQ that lays it out so nice and neatly on a silver platter. That takes a LOT of work. I know this because I am very late on finishing and publishing my extortion letter report.

http://www.extortionletterinfo.com/pre-announcement-beat-the-getty-images-extortion-letter-special-report/

If someone else wants to do the FAQ, fine but I won't do it for free. My "silver platter" information is going to be published and made available to those who support ELI, not those who want to sponge ELI for every iota of energy that we can give. The forums and videos are here for a reason to accommodate the "free" audience. But all the private email, phone calls, custom replies, making it super-easy and spoon-feeding nonsense isn't going to happen with me or Oscar.  That is going way too far for us. If a free FAQ is what is "required" of ELI, I would sooner shut everything down than being abused and leeched.

It is sort of like those customers who go into a fast-food restaurant and they take fistfuls of napkins, condiments, and toilet paper because they are "free". Or people who go into all-you-can-eat buffets and get plates full of food and throw a lot of it away because it was "free".  Fortunately, most people don't do that but there are a good number of people who do abuse "free" if you don't nip it in the bud.

Regarding fund-raising, I have always been slow to ask for contributions because it makes me feel a bit uncomfortable. Obviously, you don't sense as much "uncomfortableness" right now because I have been pushed to my limits by the people who abuse "free" over the years. Part of it is my fault for letting it go for so long. I often have to reach a place of anger and irritation to make a strong stand which isn't always the best way to handle things.

Another thing about "fund-raising" is that I don't believe or like the hard-sell. I will lay out the value proposition and do a soft-sell. People will either get it or not. If not enough people get it and support it, then like any other business, it is time close shop and move on to something else.  I don't believe or support spamming or hard-selling people for money. Not my style. I hate it being done to me, I don't want to inflict it on someone else.

Regarding social media, I don't believe in spamming or doing heavy-handed campaigns there either. A mention or two is ok but I am not going to turn ELI into a social media campaign issue where we are constantly hitting people u for money. I am trying to walk a fine line of gentle suggestion vs. going outright "political campaigning".

I am implementing the value proposition where people can buy products and services to help their cases. They may not "need" it but we hope they will buy the product and service because it helps the ongoing livelihood of ELI.  We will see how it goes.

The best way to help ELI is to recommend the 30-minute ELI Support Call, the upcoming special report, and Oscar's Defense Letter in that order.  Let people choose that.  These give value in exchange for financial contribution that helps ELI.

Matthew, this very same text would make a good "About Us" or "ELI 101" text. Perhaps we can help you assemble an FAQ page for newbies like myself who come in pumped on a huge fear rush and start spouting ideas that have been discussed thoroughly in the forum. There was at least one post I remember that laid out the answers to some of the most common questions we newbies are going to be asking, for example:

Is this for real or is this some kind of phishing nonsense? Can they really drag me into court for $xx,xxx.xx over x image(s)? Can they come after me if I modified the image a lot?

You get the picture. This FAQ page could be used as a requirement to subscribe to the Forum, kind of like a "Forum Rules" introduction portal. This is a good place to emphasize that there are hundreds of posts with all kinds of information, and to suggest using the Google search bar for any specific question before posting it to the group.

This could avoid a lot of redundant aggravation. Matthew and Oscar's time need to be protected from becoming the emotional buffer portal for newbies in a state of shock. Matthew's excellent post about the choice to be rational is very inspiring and it could be part of the Newbie FAQ Required Reading, added to the request for an email. That's not asking a lot for all this free advice at all.

I think fundraising is also in order. We're talking about a cause that is very crucial to everyone in this industry. These people could be killing their own industry and may cause extensive damage to the commercial arts in general.

So here are some questions for the group. Is it okay to go "social media-eval" on them and start alerting our entire Facebook friend army about this, asking for donations in no uncertain terms? I know plenty of people in the creative and entertainment industries who would be outraged at this kind of abuse and would be very likely to pitch in. Is it okay to click on that "Like" button under the posts, put it on our Wall, and tell people to give until it hurts and also warn them to take down all that stuff they're uploading recklessly?

At this time I have more time than money to contribute, but I'm more than willing to contribute as much as I can of either.

So with your permission, I can dedicate some time to getting people to send ELI some PayPal love.

1442

Getty Images Letter Forum / Re: ELI Currently Exists Based On Annual Agreement Between Matthew & Oscar

« on: May 12, 2012, 08:13:22 PM »

SG,

Lots of points I want to directly acknowledge here.

First, thanks for the kind words and your ongoing support and contributions. You are part of the extended ELI Defense Team even though I don't know who you are to this day.  :-)

Second, fortunately I don't need lots of kudos to stay motivated. But I am practically minded. I tend to think talk is cheap after a certain point. People say thanks and say they are grateful but that only goes so far.  I am not singling anyone out but I do understand why the legal community is not beating down the doors to help them because the community at large really don't always support ELI in ways that help.

People who submit new extortion letters help because it expands our knowledge base. Buddhapi hasn't submitted a cent to me (and he's tried a few times but I have to yell at him I won't take contributions from him!) but he has become my day-to-day right-hand on many ELI operational aspects and being extended eyes and ears which has been a huge help. Like with Oscar's time, talent  and expertise, ELI couldn't come close to affording the time and talent buddhapi gives.

Mcfilms offers his name, story, reputation, and very thoughtful views and insights which helps ELI also.

People who knowledgeably answer and comments on questions and issues of "the ELI way" how Oscar and I operate, that helps a lot. People step up in various ways which has been great. The financial piece is the one that struggles a lot but has slowly improved because of reasons I discussed already.

Third, you are right regarding the people taking on the fight. I learned the hard way last year there are people who want ME to fight for them and then complain they don't get the results they want. That is why I feel no sympathy for people who have no spine or can't get it together when all the resources are at hand to help them win. Some choose to be victims and settle. There is nothing anyone can do to help them. They could have paid Oscar far less, solved the problem, and be free to speak out. But instead they pay $500+ to settle and are sworn to shut their mouths forever.

Fourth, it is true we have gotten to the point where the "standard" stuff should go unanswered. People who come in cold without doing some reading or watch videos, should largely be ignored.  And I feel no obligation to lay it out free on a silver platter. So regarding Moe's suggestion on a FAQ has good intentions but I won't have any part of it.  Because "my FAQ" will be the upcoming published report which I will be charging for. It goes towards supporting ELI. People have to pay for MY "silver platter" information. I refuse to do "silver platter" on the forums. If someone does a FAQ, it happens without my involvement and without my support. I think it is going too far to accommodate newbies.

That is why I focus on articles, blog posts, and new issues. I spend a lot of time looking at the legal landscape, different cases, combing through PACER and doing higher-level stuff. Oscar isn't here in the trenches anymore but he still talks to me on "important stuff" when I need him behind the scenes.  His office manager isn't here at all but she is available to me when I need her.  That is stuff that I alone deal with and don't delegate. I do a lot of web strategy stuff. So thanks for understanding that there are other bigger issues to deal with.

Finally, I may take you up on the proofreading/editing offer.  Stay tuned.

Thanks for bringing up a lot of good points for me to comment on.

I think that ELI and the team have done a stellar job here.
The quality is first-rate, and I don't think that we'd have better results if people were actually paid to do the job.
Often, we don't get enough kudos for what we do, regardless of our career.

Matt's taken on a lot.  However, I'm of the opinion that while Matt facilitates the dissemination of information/moderates, the actual "fight" must come from the current victims of extortion letters.

Most of the new contributors to the forum are asking if they should write a letter and what to put in it.  I think that we've largely come to an agreement on here about writing letters and what they should say.
I feel that going over the same topic again and again is quite time consuming for the team.  We could write up some guidelines and point new contributors in that direction.
In the future, Matt's book will be the place to go for in-depth learning about the issues.
I think that the team has spelled out what needs to be done many times.
Perhaps, it's time to concentrate more on significant developments and news?

I can offer proofreading/editorial services for free.  I've worked as a tech writer/desktop publisher for several years for actual print and electronic publishing.
In addition, I have some significant talent in the graphics world, which I'd also be pleased to offer for free.
Please feel free to ask anytime, and I'd be pleased to further help with the effort!!

S.G.

1443

Getty Images Letter Forum / Re: ELI Currently Exists Based On Annual Agreement Between Matthew & Oscar

« on: May 12, 2012, 07:14:53 PM »

I was stunned with your ELI contribution. I believe it is the single largest ELI contribution by anyone in ELI's short history. Thanks so much. It is greatly appreciated. Normally, a $50 ELI Contribution gets you a 30-minute support call. You obviously get a lot more for being so generous. You get to jump to the front of the line here.

As a result of your contribution, I will be putting out more information as to the the behind-the-scene support resources ELI utilizes and some of its direct and indirect costs. Some people might be surprised.

I revamped all the Paypal buttons and configurations. I finally implemented a new "subscription contribution" feature that was suggested to me late last year.  (I am sometimes slow with some good suggestions to my own detriment.)

Again, you have my gratitude for your contribution.  Give me a shout and let's look at your case. You earned it.

I'm a newcomer but I appreciate this site and have sent in a small donation ($100).  However, at the end of the process it gave me an error:

The system cannot find the file specified.

on domain mcssl.com.

Please comfirm this domain is legit to even be in your process (I used the donate now link at bottom left of forum), and make sure you get the money.  Then you may want to get this fixed.

Further - I own a website design company and would be willing to donate design or hosting services ongoing. 

Thanks for everything.  I also retained Oscar today.

1444

Getty Images Letter Forum / Re: My Story

« on: May 12, 2012, 07:03:58 PM »

First off, regarding the web designer.  It is mostly a waste of time there. You can't really go after him unless someone successfully "nabs you". He could have offered to help pay for Oscar's defense letter fee or help get educated which is what most conscientious web designers have done.  It is the fast, most effective way to get them off your back.

If your web designer doesn't change his ways, he will put himself out of business. It isn't hard to take down a web designer and hurt their reputation.  You place their name on the ELI forums and tell your story how he operates and he will have a nice little Google entry ranked very high.  There is your easy, low cost payback.

Regarding the Getty being publicly traded, it was bought out in 2008 by private equity investors. So most of the information that are required to be publicly revealed is no longer happening. There are LOTS you can do to public companies because PR is important and there are many stakeholders and shareholders in public companies.  That is why some companies decide to go private to escape the scrutiny. That is why many public companies ultimately lose their founders.  Going public isn't always good because of the accountability they have and the transparency they have to keep up.

I got my letter in 2008 and I did investigate Getty's public company status. I was disappointed that Getty had been "taken private" because I do believe that ELI and this online campaign could have been more damaging to Getty over time. Private equity investors don't care too much about PR issues because most are hidden away by layers for corporate structures.  They only care about returns which the extortion letter program is successfully producing.  CEO Jonathan Klein and his underlings are pretty much as far as you can go in terms of hitting back at someone and putting pressure on them.

As I discussed before, the Corporate Counsel team are all lawyers and they all stay low key. You can expect nearly all Getty employees want to stay out of the public light regarding this issue also.  They don't want their names printed in relation to this. It is the ugly underbelly of their business.

Thanx gang.  I plan on action towards my "web designer" but I want to focus on resolving the issue first.  I suggested that he take responsibility for his actions but he continued to deny any.  He did suggest initially that I do an internet search about the issue which is what led me to this site.  I wonder if he monitors this site at all and has put 2 & 2 together?  Probably not, but I'd be curious of his thoughts on here with peers able to evaluate his position.  Oh well.

I sent my response to Getty's second letter explaining to them why I won't pay their ransom, and offering $200 without admission of guilt to get the mess of my plate.  I suspect they won't accept it as everyone on here has indicated, but we'll see.

I got to thinking, and this idea may have already been broached, is Getty a publicly traded entity?  If so, would a letter writing campaign to shareholders maybe make a difference?  If all they are focused on is the bottom line, then getting the shareholders stirred up may have an effect.  Or, purchasing one share of voting stock, and making some noise at their shareholders meetings could also bring pressure to bear.  Just a thought.  Thanx again everybody.

1445

Getty Images Letter Forum / Re: Got My Getty Letter - Thank You For This Site

« on: May 12, 2012, 05:46:39 PM »

That is why I have to laugh when newbies spend so much time trying to figure out what to offer on the settlement.  Whether it's $50 or $200, it gets turned down. Once it's turned down, it's pretty much over.  Just pick a number and go.

This is hilarious.  That's their proof?
Anyway, they've given you an "out".  You don't have to pay anything.
I wouldn't write any more letters... dont waste your time on it.

S.G.

1446

Getty Images Letter Forum / Re: Need some advise!!!

« on: May 11, 2012, 09:22:36 PM »

I would like to see a copy of this letter if you are willing to share. I can better comment on it if I can see it. You can email it to matt30060 at gmail.

I just received a letter from a company called NCS IP Solutions, LLC out of Sarasota, FL. I like many people got someone to do my website for me and they used an image that was RM on Getty. They are asking for $850.00 but now are ready to accept $425.00 for the use of the image. I have done a google search and the page in which the image was held on has been viewed 54 times over the past year. I have tried to locate the web designer but he has now living out of country and can't find a contact number.. What should I do? I have been given to May 15th to respond. Please help need some advise on this.. Should I be dealing with this so called collection agency or should I be dealing with Getty. Help!

1447

Getty Images Letter Forum / Re: New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 11, 2012, 08:21:42 PM »

I would like to see your version of the letter if you are willing to share. You can email it to matt30060 at gmail. Of course, I am happy to redact and anonymize it. People who submit such helpful exhibits get a bit of preferential treatment around here. *wink*

When you write your expose, don't forget ELI has a way of magnifying the effect of any letter you write.

Peeved, my first letter was two pages, basically repeating the same BS from Getty's letters. The second letter was four pages but toned down compared to the long one in the Scribd file. Letter No. 2 basically told me how stupid and ignorant I was regarding copyright law. The demand increased about three times in the first letter and stayed the same in the second letter.

It's not going to go away because I'm writing a detailed expose of the whole experience and when that work is finished and published the stink will make the fish gut tanks outside Seattle smell like Grandma's sweetest hanky.

I agree 100% with Matt that in dealing with copyright trolls the best defense is a strong offense.

1448

Getty Images Letter Forum / Re: New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 10, 2012, 02:49:04 PM »

It's possible my assumptions were wrong given the letter date but even before the "official" McCormack write-up, we were going after the HAN lawyers.

The letter is simply too sanitized to be a coincidence. It feels like a modified response to outside feedback they may have gotten.

I wonder how many have received this softer letter from softer copyright troll Attorney Daniel M. Wadkins of the Lee & Hayes law firm?

It's dated 2 August 2011, but I've received letters this year from the copyright troll Timothy B. McCormack law firm, so McCormack's relationship with Getty isn't history by any means.

Perhaps Getty tried the softer approach and found it didn't work and then stopped using young Daniel Wadkins? That wouldn't surprise me since the trolls I've dealt with seem to enjoy swaggering around with their lies, misrepresentations, and absurd demands.

I'll be curious to see if anyone says they've had a letter from Lee & Hayes this year.

1449

Getty Images Letter Forum / ELI Currently Exists Based On Annual Agreement Between Matthew & Oscar

« on: May 10, 2012, 12:51:40 PM »

I hate to splash cold water on your ideas but ELI has greater challenges than attempt those grand goals right now. It doesn't mean we can't work towards them but it will likely be baby steps.

Every year since ELI has started, there is always a question whether Oscar or I would continue on to support ELI or shut it down. This self-questioning has happened at least twice a year.

Technically, I (my business) own the ELI website. By that association, ELI is technically part of a "for-profit corporation". Although, as a practical matter, ELI has been and continues to be a time-bleed for me. What that means is that even though money comes in from Oscar's law firm contributions, volunteer ELI Contributions, and ELI Support Calls, I still end up in the hole every month vs. the crazy time and effort I put in. That is one reason I have been ruthless and sensitive about newbies calling or emailing me for free time. It has gotten a little better only recently because buddhapi and mcfilms volunteer their time and a lot of important ELI infrastructure is now well-established.

Because a good chunk of my business is real-estate related, the ongoing recession puts pressures on my business.  ELI was born and created out of necessity during the Great Recession to help defend myself in addition to helping others. However, that need has since long passed and we are on a different and much larger mission.  The financial pressures for ELI has been there almost from the beginning because of the time commitment.

Until my other businesses (real estate management, publishing, Internet income) improves substantially or I suddenly become rich, ELI will always be under financial pressure to support and sustain itself. Oscar has been a huge motivator and contributor to ensure ELI's continued existence and survival but ultimately support has to come from the ELI community and those who benefit from it.

I think anyone who visits ELI knows no one is subjected to an onslaught of sales pitches or a hard-sell.  We do a gentle soft-sell through occasional and passive mentions.

Late 2011/early 2012, Oscar and I had a come-to-Jesus meeting about ELI and how it would fit in our respective businesses and personal lives.  WE both agreed ELI was a great success in creating goodwill and appreciation in the world.  But Oscar and I agreed, neither one of us wanted ELI to be a non-profit charity service where we simply gave of ourselves endlessly.  If Oscar and I were retired or became rich so we didn't have to work anymore, it might be a different story. But that isn't the case. Both Oscar and I have businesses we must manage and contribute to. And we both have challenges in finding ways to fit and integrate ELI's agenda into our existing for-profit businesses.

Obviously, we heavily rely on free or inexpensive technology services such as Wordpress, Scribd, Youtube, Vimeo, Facebook, Twitter, SMF Forum, web hosting, and various Internet services and tools to make things happen, maximize our efficiency, and expand our presence without spending huge amounts of money.

Oscar and I lend our respective talents, expertise, and reputations to ELI.  (Oscar with his immensely important legal skills, writing, and talent. Me with my publishing, media, web presence/web marketing, writing, and technology background.)

Buddhapi and mcfilms are obvious assets and valuable forum volunteers. Buddhapi has not only contributed his time but he helps pay PACER fees that I would have to pay. Buddhapi puts in LOTS of time behind the scenes doing follow-up research for me and advising me.  The general public has no idea how much time Buddhapi puts in working with me behind the scenes.  People only see his public posts (which are a considerable number in themselves). In that regard, Buddhapi is like Oscar and I.  He takes a good chunk of time out of his business and personal life to put into ELI.

For example, I have struggled to get by without a professional proofreader/editor and a graphic artist. I have refused to pay for those services to support ELI. So, ELI gets by with a simple, unsophisticated look depending heavily on text or simple graphics and self-edited text. But ELI could be so much more if we had those talents available to us.

No one is killing themselves to volunteer for those important roles. ELI Contributions and ELI Support Calls are sporadic. When the Getty Images Special Report is released, that will be another potential source of revenue to support ELI. But who knows how many people will buy it since we give so much good information for free anyway.

Quite frankly, Oscar and I have an interest in helping and contributing but not to the degree of sacrificing ourselves or our businesses. ELI must support itself.

For example, after 5 years of being online, I am shutting down CobraCollectionScam.com. It was a project that I funded and put a ton of time in years ago to help on a local business community issue. I really should have shut it down a couple years back because it wasn't doing anything for me except be a drain on me. So, 2 weeks ago, I moved all the content to ELI to preserve and archive the research done. CobraCollectionScam.com will be dead in a few weeks when the domain expires in June.

The last few years, I have shutdown and sold off a couple of old websites that no longer supported my business. They served its purpose until they became time sucks and a liability to me.

I believe ELI has a limited existence simply because I don't know if I want to be involved with this the rest of my life but who knows.  Come June 2012, ELI will be 4 years old. Oscar and I agreed to continue ELI until the end of 2012.  We should be able to make 5 years.  In November/December 2012, Oscar and I will have another meeting and reflect on 2012 results and how we feel going into 2013.

It feels a bit strange to think how ELI could be around 10 years. The first 5 years would have been a huge journey unto itself. Who knows what the next 5 years would bring? Will copyright trolling continue to be a hot issue or will things finally cool off? No one can say although I think copyright trolling will continue to be alive and well the next couple years at the very least.

So there you have it.  You had an admirable suggestion but I threw in a big ice bucket of reality on the ideas. Hope that didn't offend you.  LOL.  But I have to call it as I see it.

Ultimately, ELI's future and continued existence relies on support from the ELI community.

In terms of changing our tactics to meet their changing tactics, I am wondering  if ELI has ever tried to organize a Public Relations campaign to make the world aware of these tactics before people are caught.

I am thinking things like making available:

• lists of publications where people can tell their story - of how they were baited into a mistake
• sample letters, editorial pieces, etc. to help people tell their story
• ways to lobby politicians to change DMCA to put an end to Trolls behavior
• a blue print for what each Troll victim can do to make the world aware and help change it.

The publications or the process may be slightly different in Canada or Europe than it is in the U.S., but PR is PR everywhere.  The first step in solving our problem is making the world aware that it is going on and ANGRY about it.

Are the Trolls so large that they will quash publication of our stories at the national, state, and local level?  Or, might we gain a foothold somewhere and turn this into a Right/Wrong issue that people can get behind?

1450

Getty Images Letter Forum / Re: New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 10, 2012, 02:37:50 AM »

@Peeved and @Moe

Please do not confuse my "high" opinion of the sugar-coated letter that I approve of the underlying mission. I simply call it as I see it as a dramatic and unexpected contrast to the McCormack sledgehammer approach.

Lee-Hayes are using a more refined and polished approach because if they didn't, the lawyer signing the letters for Lee-Hayes would suffer the same bruising from the public as McCormack has.

I want everyone to notice and pay attention that there appears to be movement by both HAN and Getty Images to move to using a larger law firm vs. the smaller practitioner. There is a reason for this. It lessens the public and legal exposure of the lawyer signing the letter and it lessens the possible reputation-damaging effects of ELI calling them out.

One thing everyone has to remember, Getty Images Corporate Counsel team are full of lawyers that run the Copyright Compliance team.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/getty-images-corporate-counsel-staff-found-on-linkedin/

With the exception of Lisa Willmer, most of the them have stayed very low key and don't say much publicly. As high-paying corporate drones, they are even more restricted and regulated than their independent, self-employed counterparts. They have to watch their steps very carefully or they risk losing their high-paying jobs not to mention hurting their own professional reputations.

Even Lisa Willmer has been very guarded in her public words and careful to not say anything outrageous unlike her Chief Executive Hypocrite, Jonathan Klein.

The Corporate Counsel team know they potentially have a figurative target on their backs being part of the extremely-hated and extremely-despised Getty extortion Copyright Compliance team.

Because the Corporate Counsel has a dependency of using outside counsel to do their dirty-work, it does not behoove them to have their outside lawyers get taken out of the game the same way so many of the HAN collection lawyers have been.

This dramatic shift in demand letter by Lee-Hayes is no coincidence. Ever since the ongoing ELI write-ups and public onslaught on collection lawyers, word has quickly traveled back to Getty that angry people are fighting back using many of the unconventional (but devastating) retaliation ideas I have popularized. (I obviously didn't invent those complaint methods but I did my part to bring them to light.)

Let me reassure everyone that no matter what the stock photo agencies do, they are mostly on the losing end of the fight because they create new haters by the thousands.  That is a lot of negative karma going against them.  Let us not even discuss how copyright troll lawsuits against private individuals and small business are suffering devastating losses setting even more legal precedents against large media.  Make no mistake, Getty Images is large media and their friends in sister media industries are taking some serious body blows in the legal boxing ring.

They may wonder how a small website like ELI create so many challenges and problems for them. The answer is, they are clueless and they intentionally make more enemies every day thanks to the leadership of Jonathan Klein. You can hear the disgust in his voice when he hisses about people using images without payment yet on the other side he wants people to get baited into that visual medium.

It is really the craziest thing I have ever seen a business model.  Sure you might get a few bucks short-term but the ever-lasting hatred by tens and perhaps hundred thousand people is a lifetime.

1451

Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Artwork, LLC Files Lawsuit!

« on: May 10, 2012, 01:52:15 AM »

I discussed with Oscar doing the whole State Bar complaint issue since he was threatened by it by one of the extortion attorneys. I wanted to gauge his position as to what he thinks is appropriate and inappropriate for a State Bar Complaint. I don't want to speak for him or get into specifics but philosophically, I found his answers a bit surprising in that he and I are closer in alignment than I originally thought.

If people recall, Timothy B. McCormack's extortion letter was the one that broke the camel's back with me. Filing a State Bar complaint was something I've known about for years.  Even during most of ELI's existence, I was hesitant to talk about that form of retaliation and pushback because of the potentially damaging effects on a lawyer.

But when I kept seeing lawyer after lawyer using dirty tactics in their extortion letter efforts (way too many now to list), I thought it was time to popularize it.  Since outright complaining didn't seem to get the message across, no lawyer can easily ignore Attorney General Complaints or State Bar complaints.

I am happy to report that some of our readers heeded that advice and it has starting making an impact.  People think you need hundreds to make a difference like signing a petition. That isn't true. With Attorney General Complaints and State Bar Complaints, the weight of each complaint against a business or lawyer weighs very heavily.

Let me say, that a lawyer does not have to be disbarred or publicly sanctioned for it to take effect. Trust me on this. "Trouble" has many meanings. You can take that to the bank.

My understanding is exactly as you laid it out, SoyentGreen.  In fact, I wonder if an attorney could get in trouble (complaints to bar assn., lawsuits, etc) if it were found that they were threatening victims with things they know aren't allowed by statute.  It seems at least waaaaay over the line of common decency and ethics to me.  I hope that someone finds a way to hold these people accountable one day.

1452

Getty Images Letter Forum / Re: New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 09, 2012, 10:59:04 PM »

I don't think it is a matter of "can't" vs. a "choice not to" anymore. I think it is actually pretty smart because up to this point, the collection lawyers dreamt up a number thinking the higher the number, the scarier it might be and allowed more room for downward negotiation of settlement amount.

But they never counted on the eventual vocal outrage and retaliation on the collection lawyers for the terms and inflated amounts like young Brandon Sand with his $9K extortion letter for 1 image.

This new letter is entirely about shielding the collection attorney of the numerous criticisms and accusations we have publicly leveled against them.

I'm curios what the demand amount is and for what images. It's interesting and telling that Daniel M. Wadkins can't bring the sum up and only references Getty's prior letters.

1453

Getty Images Letter Forum / Re: passing time...

« on: May 09, 2012, 10:52:31 PM »

It's quite common for an extended quiet time before it gets escalated to a collection lawyer. Having said that, it doesn't automatically mean a long quiet time means it will get escalated. Sometimes they determine that some people are undesirable or unlikely to collect.

In my case, Getty Images accurately determined that I might not be so easy.  They never sent me an escalation letter, gave it to a collection agency, or collection lawyer.  They surprisingly just went away. It suited me just fine.

I never had to personally attack anyone as I would have done if it got escalated.

So is it a good thing or a bad thing when you respond then they go quiet?

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Getty Images Letter Forum / New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 09, 2012, 10:28:14 PM »

This is fairly major news. After a long string of nasty, outrageous, and bullying extortion letters from Attorney Timothy B. McCormack on behalf of Getty Images, I introduce to you the polar opposite: The civil and gentle Lee & Hayes Settlement Demand Letter written by Attorney Daniel M. Wadkins.

http://www.scribd.com/doc/93069242/Lee-Hayes-Settlement-Demand-Letter-by-Attorney-Daniel-M-Wadkins

I confess that I am amazed by this letter. It is simple, "reasonable", sanitized, and so different in tone, approach, and content than Timothy B. McCormack's extortion letter.

* There are no outrageous demand numbers, statutory damages or references to criminal penalties.

* There is no direct and exaggerated threat to file a lawsuit.

* There is no outrageous lying, exaggeration, or personal accusations.

* There is no artificially inflated amount being demanded to pay beyond the reference to the stated amount on the original Getty Images Extortion Letter.

* There is no outrageous blustering or peacocking.

* There is no use of the word "settlement".

* There is only one specific term usage of "copyright infringement".

Lee & Hayes is a large law firm with many attorneys. In this case, this settlement demand letter was written by young pup lawyer and babyface, Daniel M. Wadkins.

http://leehayes.com/pros/dan-wadkins.php

Daniel isn't going to embarrass himself, subject himself to state bar complaints, attorney general complaints, or otherwise damage his professional reputation and career by sending these letters.

I think it's safe to say that ELI had some strong influence in this "new and gentle" settlement letter. Quite frankly, I don't even think I can call Daniel's letter an "extortion letter". It doesn't feel or read like an extortion letter. It feels like a civil business letter.

However, time will tell whether the actual settlement amount is actually reasonable. I suspect it will not be but who knows?  The interesting thing is this letter lays the entire responsibility of the settlement amount on Getty Images and doesn't appear to come from the lawyer.

My opinion is that this is an experimental approach in response to the the brutal and public retaliation on Timothy B. McCormack and his letter.

Someone on the Getty front is watching, reading, and paying attention to make sure the collection lawyers are being "protected".

I have a suspicion this new letter on behalf of Getty Images will generate some interesting discussions and comments. I am interested in what others have to say with this new letter.

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Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question

« on: May 09, 2012, 04:02:47 PM »

No law firm has knocked down doors to represent extortion letter recipients. Never has been in all the time we have been involved. There isn't much money in it. Most letter recipients don't even financially support ELI with a contribution or hire Oscar and we are on their side. I don't pressure anyone into it but I do tell it like it is.

But we knew that going in and as long as ELI has "enough", ELI can exist in its current form.

Oscar has offered to do an amicus brief for the right case but it is safe to say he and I would have to believe in the case. Although Oscar could do one without my involvement, if I thought it was an "undeserving" case worthy of our time and our efforts and I was unwilling to support it, he probably wouldn't be as inspired either.  I certainly don't control Oscar but I do have an opinion and I do share it with him.

Oscar and my most valuable asset is our time and willingness to keep the fight going on. If either of us had enough and pulled out, it would greatly impact the motivation for the other to go on.

Aren't there two HAN/VKT cases going to court soon? Would it help them? I certainly agree that there's a lot of value in fighting back by simply exposing the cartels that engage in this most despicable business model. I also agree that making their vendors worry about reputation issues has a lot of value. Perhaps some of the better law firms involved could care about their reputation when they realize the scheme their clients are up to. Perhaps they're fully aware and drink the Kool-Aid with relish.