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Messages - Robert Krausankas (BuddhaPi)

Pages: 1 ... 9 10 [11] 12 13 ... 194
151
Getty Images Letter Forum / Re: ELI is 9-years old!
« on: July 11, 2017, 12:28:58 PM »
Hard to believe I've been posting here since May 2009! I don't see an end in sight, same trolling behaviors, different trolls..and naturally some trolls that will never go away.

152
Getty Images Letter Forum / Re: Image in Public Domain Copyrighted?
« on: June 29, 2017, 11:44:32 AM »
Using"html code to reproduce the image" is most likely NOT copying/reproducing the image,it's most likely linking to the image, which we all know is not infringement, as no "copy" is made.

153
So if an image/s is already gone from the server by the time they're coming after you, it's too late?

no it's not to late..what you're missing here are several parts, so relax and learn..
1. they don't know your name or anything..they would have to subpeona a court to get the whois info.
2. they would most likely need to file suit to get the above accomplished, which would cost 495.00 in filing fees.
3. they would need to prove their case that you "copied" the image in question.. a screen shot does not prove infringement..

while copyright trolls may be idiots, they aren't always that dumb, they could file, they could loose, which costs them money...they could file, they could win, you could be broke, they collect nothing..it costs them money..they could file and win and a judge could determine it was "innocent infrngement" and award as little as 200.00...again it costs them money.. they go after low hanging fruit, and those that are likely to cave..don't be that fruit... don't worry about other images that "may" be suspect, it's  a waste of mental energy, deal with it IF it comes.

154
screen shots / time stamps don't always equate to infringement..who's to say the images in question weren't linked from outside sources.. They would need to prove their case.

155
It's in your best interest to remove any images you don't hold a license to, or have created yourself..Getty could send further letters, and getty is not the only copyright-troll out there, the list is endless, and not worth the risk.

156
pretty much useless.. Emails are "not fficial" in any way, they have no way if the recipient got the email, or who the recipient is.. They could get domain ownership info fairly simply if they chose to, but i doubt they would go through that trouble over a single image.

157
This is EXACTLY why people should not just respond, UNTIL, they are educated and have a solid plan of action..Higbee has you on the hook now, you've freely admitted taking the image and using it (which can be used against you) he's going to squeeze you for whatever he can get..don't bother contacting the artist, he's going to tell you to deal with his lawyer..

158
As I fully expected..the case of MyWebGrocer vs. Adlife has had a significant change...not long ago adlifes lawyer requested to be reomoved from the case, seemingly Adlife has fired them.. that motion was denied until a new lawyer stepped up.. Well this has now happened and it's exactly who I predicted...Higbee..

ORDER granting 24 MOTION for Admission Pro Hac Vice of Mathew K. Higbee; granting 25 MOTION to Withdraw as Attorneys., Jack W. Pirozzolo and Kenyon D. Colli. Signed by Judge Geoffrey W. Crawford on 6/5/2017. (This is a text-only Order.) (jal) (Entered: 06/05/2017)

159
Most of the developers that sell on ThemeForest are from other countries and really don't give a rats ass about copyright law in the U.S. I'd like to see the documentation that came with the theme if possible, you can email it to me at admin at copyright-trolls.com, there is usually some language included in regards to the images contained in the "dummy content" provided.

Contacting Getty at this point and requesting a price is not a good idea, and explaining the "situation" won't do any good and it will likely hurt you in the long run. The 14 day time limit is there to intimidate you.. get more educated first by reading threads in this forum.

160
What I find most interesting in this case, is that in the original demand letters, Adlife ? Joel Albrizio basically threatens to sue the clients of MyWebGrocer, if they don't pay...Sure sounds like blackmail / extortion to me.. much like Joel Albrizio holds the voices of jupiter florida blog over my head.." take down copyright-trolls.com and we'll remove VOJF.. A distinct pattern in my eyes.

161
Most Theme Forest authors, have some sort of disclaimer in terms of the demo content..check the license.Theme Forest will likely not help you in this matter..according to their terms:

Intellectual Property

32. What we own: We own all the Envato content that we have put on Envato Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Envato Market sites, and copyright, trademarks, designs and other intellectual property on Envato Market. We own all the trademarks, logos, service marks and trade names on Envato Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Envato Content or use any of our intellectual property in any way not expressly stated in these terms.

33. What we don’t own: We do not own the items on Envato Market; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the Envato Market do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see section 21 - Promises authors make.)

162
Here's the thing, some people suggest I just ignore them.  Do you seriously think they're going to ignore me for ignoring them?  Today I went to two attorney websites that specialize in the same stuff you do.  Both of them give some basic do's and don'ts (on their websites) on how to handle situations like this.  They both say...do not ignore a letter from an attorney for copyright infringement.  Naturally, they both suggest getting a lawyer to represent them. to decide how to deal with this.  I read through the letter again and they give 30 days to respond.  I have plenty of time to figure this out and hopefully I make the right decision.


NO ONE ever said if you ignore they will ignore you, not sure where you got that.. By ignoring we mean, remove the image and question and get on with life, don't respond, don't email.. You pretty stated you have no funds to pay this..even more reason ( if it were me to ignore it)..let them sue you, you have no assets, even if they win, they lose, as they can't collect, and you get to publicly shames them for suiing a non-profit small minisrty that tries to do good..you have to deal with this on YOUR terms, not theirs, sometimes that requires hinking outside the box.

163
If you are going to spend any money on this, consider filing a counter suit if they file..tell higher you will be filing for a declaratory judgement (Google this)..thus will maybe turn the tables on higher and his client.

164
I see in Pacer that higbee filed a suit on the 11th, I'm assuming this is yours without giving to much detail.. Thus is a public forum, and all of the trolls follow us on a regular basis. If you have an attoreny, i would suggest to him/her to consider filing a counter-suit for a declaratory judgement, these "stock" images are not worth 8k.

165
I wasn't calling you "ignorant", what i was saying was, claiming you did not now, is not a valid defense...only you can decide how to proceed, each "case" is different. Do as Stinger suggests, get educated, then make a decision. There is no magic bullet short of paying them.

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