Messages

1471

Getty Images Letter Forum / Re: DISH Skipping TV Commercials is Copyright Infringement?

« on: May 25, 2012, 03:55:39 PM »

Can you believe the legal threat DISH Networks is facing from the major TV network of a copyright lawsuit infringement for building a feature to allow skipping of commercials?

What's the difference between not wathcing them by skipping them over and when you get up and leave the room to go to the bathroom or make a sandwich, I suppose the networks will say that's infringing too.

1472

Getty Images Letter Forum / Re: Getty to possibly be sold or go public?

« on: May 24, 2012, 04:31:48 PM »

I would welcome the opening of the Getty files.  I have been trying to find a finacial for them for some time and most recent one I am able to locate is for 2008 which was their last one as a public company. 

I agree that Getty going public would release a wealth of information that can be used to bolster our cases.  I wonder how the fact that there are so many people out there who have received Demand Letters and would love to find something to take the fight back to them would affect possible investors during an Initial Public Offering. 

I can only hope that if Getty does go public it will force them to change their tatics under the public eye.

1473

Getty Images Letter Forum / Getty to possibly be sold or go public?

« on: May 24, 2012, 03:14:40 PM »

I just found this on line.  It appears Getty may go up for sale or go public.

http://news.investors.com/article/612432/201205231322/getty-images-could-be-sold-or-go-public.htm

A quote from the article:

“Getty Images could soon be put up for sale or head out for an IPO, with a $4 billion valuation just four years after being sold for $2.4 billion, The Financial Times reports.”

I wonder how much of this increase is due to their demand letter campaign?  Also if they were to go public I wonder how the stock holders would react to their business practices of extorting money out of individuals and small businesses.  I’ll keep an eye on this and post any updates I come across.

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Getty Images Letter Forum / Re: Another fine example of Timothy B. McCormack the puking out garbage

« on: May 24, 2012, 11:16:10 AM »

I agree with Matt, writing a letter to the Attorney General is not something that should be done lightly.  If I do not get the proof from Getty that I reasonably requested since they claim I owe them money I will write a complaint letter to the Attorney Generals of Washington State and Ohio.  I will make them as professional as I can stating the facts of the case and ask for their help in looking into the matter.

1475

Getty Images Letter Forum / Re: Getty Images and scented trees update.

« on: May 23, 2012, 02:59:10 PM »

Thanks for the update!  Hope they give them a good taste of their own medicine.

1476

Getty Images Letter Forum / Re: Another fine example of Timothy B. McCormack the puking out garbage

« on: May 23, 2012, 02:54:53 PM »

I sent my reply to them telling them we have nothing to talk about until you provide all the proof I have asked for.  I have decided if the letter comes back and they say I still owe the money and have not provided any proof I will file a complaint with the Washington AG and with the Ohio AG (where I am) at since they are sending me the letters here. I will keep everyone posted.  Thank you all for your help and advice.

Good question.

Keep in mind that anyone can make a complaint against anyone for any reason. However, I don't believe in making frivolous complaints or making complaints that don't hold water.

I think it is quite legitimate to complain about someone that comes after you for money but don't explain how they arrived at those numbers. That is something Oscar and I have loudly complained about and fought against since the very beginning.

The true reason is that regardless of Getty's public statements and position, is that they are serving as their own judge and jury. The actual "executioner" part is dependent on how the letter recipient responds. Further, they don't look to recover what they "lost". They for far and away beyond that by using a "multiplier" system to serve as punitive measure and a business revenue generation system. Their extortion system is not simply loss recovery, it is a profit center all to itself.

I do collections but NEVER is it a profit center because you never come out ahead with the time, money, and aggravation lost. We always lose something even if we get lucky in a "complete" collection effort. I can get back court costs, lawyer costs (if any), a little bit of interest, plus my actual debt amount but most of us in business cannot mark up the actual debt.

In a similar fashion, Getty never goes by actual "market value" since most image values have nearly hit bottom. They now use a jacked up value that is artificially inflated by their tinkering of their website. The image I allegedly infringed upon was priced at $49 four years ago by Getty Images themselves, today that same image has been jacked up to $500-$600 range for a minimal, low-resolution, limited-time, web-based use. "Coincidentally" that was the "final" settlement offer made to me which I promptly declined.

Even judges have difficulty with ruling with "arbitrary" numbers even if there is legitimate infringement. Judges want to tie monetary awards to some degree of reality and justification, not a random number that makes no sense.

In my view, if I had to do it all over again, there would be no question I would have a filed a complaint listing the issues I brought up to AG. Their ongoing refusal to provide information but they happily stick their hands out to receive money. Remember, AG complaints are public record whether the AG chooses to agree with its merits.  Anyone who wants to download a list of complaints on Getty Images will see the written complaint on file.

The AG works on technicalities. Any member of the general public or press reading those complaints would know better and not bound by legal technicalities in their judgment or reading. They would be educated in the extortion business that Getty Images and CEO Jonathan Klein endorses.

Bottom line, given my list of complaints against them, it is absolutely appropriate to file a complaint with the AG if someone is inclined to. Ultimately, it is up to you to decide if you have been "wronged enough". Let us know what you decide.

Question for the group. 

Since I have asked GI to provide proof they have the rights to the image (signed contracts), how they came up with the amount they are asking for, past sales history etc.  They refused and basically told me go to their website and view the image there and that is all the proof I need. I have sent a letter now telling them we have nothing more to discuss until they can provide me the proof I have reasonably requested.  When GI replies, as I'm sure they will, still demanding payment without providing proof, would it be appropriate at that point to file a complaint with the AG office for trying to extort money from me by claiming I owe money and refusing to provide proof requested?

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Hawaiian Letters & Lawsuits Forum / Re: Aloha Plastic Surgery Submits Counterclaim

« on: May 23, 2012, 02:07:04 PM »

I love it!  I hope that Aloha will follow through and press on even if HAN backs down.  There is some great stuff in there.  I love how they call it like it is:

(d) “Aloha is informed and believes and therefor alleges that the actions of Network and Tylor in Publishing his photographs on the internet prior to the filing of the lawsuit, and offer them for free use was part of an elaborate scheme to scam people who saw the photographs and used them pursuant to the invitation to use by Network and Tylor so they could extort money out of people who did what Network and Tylor had advised them to do.”

(g) “The actions of Tylor and Network as described was done maliciously, fraudulently, and as part of a scheme to abuse process for profit;”

I cannot wait to see how this plays out and a big thank you to Aloha for putting HAN, Getty and the rest on notice that enough is enough and we are done with it.  Be prepared to prove it in court or go away, we have legitimate businesses to run and don’t have time to waste on this trolling BS.

1478

Getty Images Letter Forum / Re: Copyright Troll Carolyn Wright, welcomes new trolls

« on: May 22, 2012, 11:24:28 PM »

We do not want to insult sociopaths and psychopaths by putting them on the same level as copyright trolls.    Seriously though Mulligan, I agree with you.

Like most dishonest people (sociopaths and psychopaths excepted) these copyright trolls become less comfortable when their names and images are made public.

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Getty Images Letter Forum / Re: Another fine example of Timothy B. McCormack the puking out garbage

« on: May 22, 2012, 11:01:40 PM »

Thanks for the links Peeved.

Question for the group. 

Since I have asked GI to provide proof they have the rights to the image (signed contracts), how they came up with the amount they are asking for, past sales history etc.  They refused and basically told me go to their website and view the image there and that is all the proof I need. I have sent a letter now telling them we have nothing more to discuss until they can provide me the proof I have reasonably requested.  When GI replies, as I'm sure they will, still demanding payment without providing proof, would it be appropriate at that point to file a complaint with the AG office for trying to extort money from me by claiming I owe money and refusing to provide proof requested?

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Getty Images Letter Forum / Re: A win for the bad guys

« on: May 22, 2012, 10:38:00 PM »

Thank you guys that answers my question, I appreciate it. 

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Hawaiian Letters & Lawsuits Forum / Re: Aloha Plastic Surgery submits counter claim

« on: May 22, 2012, 10:23:44 PM »

Yes! Yes! Yes!!!  Way to go Aloha!  Is there any site to help with their legal fund or can we set something up here?

1482

Getty Images Letter Forum / Re: Tejas Research, LLC v. Getty Images

« on: May 22, 2012, 10:19:55 PM »

Thanks buddhapi!

Has anyone heard anything or have an update on the suit filed against Getty last fall for copyright infringement  over Getty’s use of the tree shaped auto air fresheners in a few of their images.  I remember reading about that awhile back but haven’t seen anything more on it here.  I know Getty was trying to have the suit dismissed.  It was good to see them get a taste of their own medicine.

I'll check out the status when I'm in digging around pacer tomorrow, and try to give an update..

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Getty Images Letter Forum / Re: Tejas Research, LLC v. Getty Images

« on: May 22, 2012, 06:38:27 PM »

Has anyone heard anything or have an update on the suit filed against Getty last fall for copyright infringement  over Getty’s use of the tree shaped auto air fresheners in a few of their images.  I remember reading about that awhile back but haven’t seen anything more on it here.  I know Getty was trying to have the suit dismissed.  It was good to see them get a taste of their own medicine.

1484

Getty Images Letter Forum / Re: A win for the bad guys

« on: May 22, 2012, 09:31:30 AM »

Just curious, I saw in the article where it said:
“Tenenbaum argued that the U.S. Copyright Act is unconstitutional and that Congress did not intend the law to impose liability or damages when the copyright infringements amount to "consumer copying."

I am curious what the views of the group are on this and if it were to be challenged and work its way up through the courts what you think the outcome would be?

1485

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

« on: May 22, 2012, 09:24:26 AM »

Hey concerned_man, was just curious what you decided to do and how your claim is going?