151
UK Getty Images Letter Forum / Re: Help! Debt collection letter arrived
« on: October 24, 2012, 10:16:00 AM »
Print and frame that email. It's rare to see one of these trolls capitulate so soundly. Good job!
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152
Legal Controversies Forum / Re: Tidbits from Oscar's Blog
« on: October 22, 2012, 10:25:30 AM »
Stinger, I'm happy you found this thread useful.
Oscar's latest commentary on lawyers who are twisting law to make money I found really interesting. Entitled "Congress Must Stop the ADA Shakedown Racket -- and Here's How," this is another useful read that gives insight into how the minds of crooked lawyers work. This blog post also nicely demonstrates how laws started with good intentions can turn into absurd perversions that would leave Alice in Wonderland shaking her head in bemusement. Check it out at...
http://www.courtroomstrategy.com/2012/10/congress-must-stop-the-ada-shakedown-racket-and-heres-how/
Oscar's latest commentary on lawyers who are twisting law to make money I found really interesting. Entitled "Congress Must Stop the ADA Shakedown Racket -- and Here's How," this is another useful read that gives insight into how the minds of crooked lawyers work. This blog post also nicely demonstrates how laws started with good intentions can turn into absurd perversions that would leave Alice in Wonderland shaking her head in bemusement. Check it out at...
http://www.courtroomstrategy.com/2012/10/congress-must-stop-the-ada-shakedown-racket-and-heres-how/
153
Getty Images Letter Forum / Re: Johnathan Klein and Getty Images - Do As I Say, Not As I Do.
« on: October 21, 2012, 08:10:15 PM »
Outstanding work, Greg. Thank you so much for all you contribute to ELI.
Much of what you write here would be quite useful, I would think, in countering with a declaratory judgment if the hypocrites and extortionists at Getty Images or collection agents and copyright trolling lawyers like Timothy B. McCormack or his money-grubbing paralegals like Ashanti A. Taylor ever actually were stupid enough to file a lawsuit in one of these extraction payment scheme cases of theirs.
Much of what you write here would be quite useful, I would think, in countering with a declaratory judgment if the hypocrites and extortionists at Getty Images or collection agents and copyright trolling lawyers like Timothy B. McCormack or his money-grubbing paralegals like Ashanti A. Taylor ever actually were stupid enough to file a lawsuit in one of these extraction payment scheme cases of theirs.
154
Legal Controversies Forum / Tidbits from Oscar's Blog
« on: October 18, 2012, 04:17:16 PM »
I'm a regular reader of Oscar Michelin's interesting, informative, and often entertaining blog at http://www.courtroomstrategy.com/
Here's the latest tidbit I picked up for my files from Oscar's post on the topic of "Warner Bros. Beats Out Creators’ Heirs Over Rights to Superman":
But at the end of the day, especially if there is no official transcript produced of the oral argument, the court relies almost exclusively on the written briefs and may have completely forgotten what was said at the argument weeks (and maybe months earlier). The court may also just be less persuaded after the passage of time and after re-reading the briefs. That is why it is essential that lawyers NOT rely at all on oral argument and make certain that their written briefs clearly and completely make their point. Otherwise they may find that their clients legal rights will have sailed “up up an away.” (Couldn’t resist).*
I think this point is worth adding to ELI because knowing this information about the court will help people carefully prepare their letters to Getty and Getty surrogates.
If you haven't bookmarked Oscar's Courtroom Strategy blog, you should do so because it's packed full of good information for anyone interested in how lawyers and courts and legislators work as well as wannabe litigators. (Oh, to be 16 again and trying to decide what I wanted to do with my life!)
* extracted from http://www.courtroomstrategy.com/2012/10/warner-bros-beats-out-creators-heirs-over-rights-to-superman/
Here's the latest tidbit I picked up for my files from Oscar's post on the topic of "Warner Bros. Beats Out Creators’ Heirs Over Rights to Superman":
But at the end of the day, especially if there is no official transcript produced of the oral argument, the court relies almost exclusively on the written briefs and may have completely forgotten what was said at the argument weeks (and maybe months earlier). The court may also just be less persuaded after the passage of time and after re-reading the briefs. That is why it is essential that lawyers NOT rely at all on oral argument and make certain that their written briefs clearly and completely make their point. Otherwise they may find that their clients legal rights will have sailed “up up an away.” (Couldn’t resist).*
I think this point is worth adding to ELI because knowing this information about the court will help people carefully prepare their letters to Getty and Getty surrogates.
If you haven't bookmarked Oscar's Courtroom Strategy blog, you should do so because it's packed full of good information for anyone interested in how lawyers and courts and legislators work as well as wannabe litigators. (Oh, to be 16 again and trying to decide what I wanted to do with my life!)
* extracted from http://www.courtroomstrategy.com/2012/10/warner-bros-beats-out-creators-heirs-over-rights-to-superman/
155
Getty Images Letter Forum / Re: Jonathan Klein and Getty Images Know How to Treat Their Contributors – Not.
« on: October 18, 2012, 10:15:47 AM »
Excellent work, Greg. Thank you.
156
Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Art Network LLC v. The Scott LLC et al
« on: October 18, 2012, 10:13:07 AM »
Thanks for the comments to my speculation, guys.
I checked out "service of process" at Wikipedia and learned:
Most states have a deadline for completing service of process after filing of the summons and complaint. In New York, for example, service must be completed in 120 days after filing for almost all cases,[14] and Hawaii State Circuit Court rule 28 requires service in a civil lawsuit must be effected within 6 months from commencing suit.[15]*
*http://en.wikipedia.org/wiki/Service_of_process
I couldn't find if the above was also true for suits filed in federal court.
I checked out "service of process" at Wikipedia and learned:
Most states have a deadline for completing service of process after filing of the summons and complaint. In New York, for example, service must be completed in 120 days after filing for almost all cases,[14] and Hawaii State Circuit Court rule 28 requires service in a civil lawsuit must be effected within 6 months from commencing suit.[15]*
*http://en.wikipedia.org/wiki/Service_of_process
I couldn't find if the above was also true for suits filed in federal court.
157
Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Art Network LLC v. The Scott LLC et al
« on: October 17, 2012, 09:58:57 AM »
I vaguely recall another case where no papers were served so the judge ordered the whole deal dropped.
Could this sort of behavior be a tactic in cases where the troll thinks he has a pretty big extraction payment almost coming his way but feels like he needs to set the hook harder and quicker? So he spends $350 to file and then writes the victim that this has been done with something like this in his letter: "Pay up quick, buddy. I just filed a law suit with federal court and will have the formal papers served to you if you don't cough up my $2800 by XXX."
I don't know. I'm speculating more than I should, not knowing the details about how much it costs to serve formal papers, how long it takes, etc, etc, etc. But I'm curious if this or a variation of it is a tactic used by lawyers to get what they want.
Could this sort of behavior be a tactic in cases where the troll thinks he has a pretty big extraction payment almost coming his way but feels like he needs to set the hook harder and quicker? So he spends $350 to file and then writes the victim that this has been done with something like this in his letter: "Pay up quick, buddy. I just filed a law suit with federal court and will have the formal papers served to you if you don't cough up my $2800 by XXX."
I don't know. I'm speculating more than I should, not knowing the details about how much it costs to serve formal papers, how long it takes, etc, etc, etc. But I'm curious if this or a variation of it is a tactic used by lawyers to get what they want.
158
Righthaven Lawsuits Forum / Re: Righthaven agrees to turn hard drives over to creditor
« on: October 17, 2012, 09:51:25 AM »
“You are hereby instructed to follow without any departure whatsoever every aspect of the order made today in the case, just as you have been instructed to follow every previous order of every court,” Gibson wrote in the letter.
Yeah, right.
And pigs can fly...
And hyenas will choose to eat a tofu salad instead of a zebra steak.
Yeah, right.
And pigs can fly...
And hyenas will choose to eat a tofu salad instead of a zebra steak.
159
Getty Images Letter Forum / Re: I am getting slammed by photographers
« on: October 16, 2012, 12:00:45 PM »
As always, great work, Oscar. Thank you!
160
Getty Images Letter Forum / Re: Looks like we have a new troll to deal with
« on: October 16, 2012, 11:53:03 AM »
This company has as one of its listed partners the well-known Ira M. Siegel. The full list of partners monetizing alleged copyright infringements can be found at
http://www.ceg-intl.com/partners.html
More info and revealing articles on Ira M. Siegel can be found at
http://fightcopyrighttrolls.com/tag/ira-siegel/
http://www.ceg-intl.com/partners.html
More info and revealing articles on Ira M. Siegel can be found at
http://fightcopyrighttrolls.com/tag/ira-siegel/
161
Getty Images Letter Forum / Re: Jonathan Klein and Getty Images, a history of questionable business practices?
« on: October 14, 2012, 08:02:25 PM »
Terrific stuff, Greg. Thanks.
162
Legal Controversies Forum / Re: "SOPA" is back in virus form... demands 200 dollar payment for "infringement"...
« on: October 12, 2012, 11:44:49 AM »
I can see the government and corporations like Getty licking their chops over having a tool like this at their disposal. That may seem far-fetched... but...
163
Getty Images Letter Forum / Re: I am getting slammed by photographers
« on: October 12, 2012, 10:23:51 AM »
Ryan, that's a good article you wrote. As for the photographers bitching and moaning, I'd personally either not approve their comments (it's your freaking blog) or write a short one paragraph boilerplate response crucifying their stupid arguments and then paste that in every time a new photographer posted.
If these photographers are losing so much money, how do they have time to write these super long comments crying about how copyright infringers are screwing them all the time? I don't see why you feel you have to defend yourself. You made your case so why repeat it endlessly for tools who are trolling your site?
If these photographers are losing so much money, how do they have time to write these super long comments crying about how copyright infringers are screwing them all the time? I don't see why you feel you have to defend yourself. You made your case so why repeat it endlessly for tools who are trolling your site?
164
Getty Images Letter Forum / Re: Court victory against Getty Images Master Delegate in Israel
« on: October 11, 2012, 06:35:05 PM »
Ian, this is fabulous news. Thank you so much for sharing and for doing what you're doing to stop these payment extraction schemes. Looking forward to reading the summary tomorrow when I'm back online.
165
Getty Images Letter Forum / Re: 5 Reasons You Shouldn’t Fear Being Sued (Too Much)
« on: October 11, 2012, 11:43:47 AM »
Excellent article, Robert. Thanks for sharing that one. It should put the mind at ease in a lot of cases.
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