Messages

1681

P2P/BitTorrent Lawsuits Forum / Steele-Hansmeier Settlement Demand Letters

« on: February 03, 2012, 09:35:40 PM »

MSBNC has picked up the story of the ongoing battle by adult video copyright trolls against peer-to-peer network users.

http://technolog.msnbc.msn.com/_news/2011/07/20/7113220-porn-piracy-wars-get-personal

http://openchannel.msnbc.msn.com/_news/2012/02/03/10312840-internet-piracy-suit-asks-can-you-even-copyright-porn

These stories has revealed copies of the Steele-Hansmeier Settlement Demand Letter, similar in many respects to those used in the stock photo industry. Two examples can be found here:

http://www.scribd.com/doc/80437326/Steele-Hansmeier-Settlement-Demand-Letter-First-Time-Videos

http://www.scribd.com/doc/80436331/Steele-Hansmeier-Settlement-Demand-Letter-Wong-case

What is interesting is that it includes settlement agreement attachment not normally done by the stock photo industry.

As always, our friends and allies at the Electronic Frontier Foundation is at the forefront fighting this.

We would also like to do a shout-out to our brother-in-arms  http://fightcopyrighttrolls.com for their ongoing efforts on this front.

1682

Getty Images Letter Forum / Re: Settlement Offers

« on: February 03, 2012, 01:10:09 PM »

No, the crux of of Getty Images cases is that the system is a well-oiled, energy-sucking, money-making machine that works best against those who can't see the big picture and respond like trained monkeys (no offense intended here, just a descriptive term to drive home a point) to their letters. Because Getty Images has not filed lawsuits against anyone with only a few images, the solution comes down to making a stand in such a way that they "get" the message to leave you alone.

I have never heard of any "successful" settlement of less than $500/image unless someone paid for legal representation. So, unless you are prepared to do that, your only alternative is to "make a stand" in a convincing way.

The whole discussion of improper registration and other related issues is simply a talking point, nothing more.

And how did they respond?

It appears that the crux of all of these cases is the improper registration of copyright.

1683

Getty Images Letter Forum / Re: Getty Escalation Letter

« on: February 03, 2012, 12:26:47 AM »

We uploaded a redacted copy of your Getty Images Escalation Letter. This will help others anticipate what is to come.

http://www.scribd.com/doc/80329712/Getty-Images-Escalation-Letter

1684

Getty Images Letter Forum / Re: Getty Escalation Letter

« on: February 02, 2012, 11:13:22 PM »

Can we add your letter to the ELI Document Library on Scribd? I will be happy to redact this letter for you.

1685

Getty Images Letter Forum / Re: Has anyone tried a "domain privacy service"?

« on: February 02, 2012, 09:38:36 PM »

Where in the world did you hear that?  ELI just went through a major overhaul less than 2 months ago.  I outright discarded and deleted the high ranking pages ELI had. It has been minimal effect.  It is all about search-friendly content and generating credibility so people come visit and link to you, not because of how you register your domain.

I've heard (and read) that changing your domain name to private or from private to public can affect your google rankings. I know google looks at how long your registration is good for, but this is something to consider before going private.

1686

Getty Images Letter Forum / Re: Settlement Offers

« on: February 02, 2012, 09:34:12 PM »

Annalise,

May I suggest that you can play "what if" all day long and not get the answer you seek. While having legal arguments and insights on your side is helpful, if you think you are going to "outlawyer" the opposing side into submission, you are not understanding this fight and you have gone all the way to far left field.

The "reasonable" offer you make is going to get turned down whether it is $100, $200, $300, or $400.  Pick a number you are comfortable with in case they miraculously say yes.  Even then, you can change your mind.

You ask if it will take 6 months or a year is going on the WRONG track. You are playing their game.

My case ended within 2 replies in about 60 days and that was it.  I did my courtesy responses because I didn't want to be accused of ignoring the situation. But it didn't take me long to assess what (and who) I was dealing with and respond appropriately.  I laid down the law of the consequences of their continuing on. 

I had no plans on going around and around with a $12-$15/hour clerk trying to "convince" the other side. I knew my position and my limits and what I was going to put up with and what not to put up with.

Believe it or not, the brokest people really have the least to worry about in these cases. I keep hearing from people how broke they are and how they can't pay.  Well, that actually works to your benefit if it is the truth.  If I was broke, I would simply tell them that.  You can go spend thousands of dollars to come after me but if my monthly checking account hovers around $200 per month, there is not much to get.

Mcfilms said it in a very nice way you stop asking and "you start telling" people how things are going to go down.  I have used this tactic repeatedly over the years and it works.

Do yourself a favor and back up the truck to get a wider viewer. If you don't, you are going to get sucked into the rabbit hole.

Just trying to decide how high to go with any negotiations. Definitely not starting out offering the entire amount.

How long to these supposed negotiations last before they say they are going to sue? Am I looking at 6 months, a year of letter writing?

1687

Getty Images Letter Forum / Re: Summary Judgment Info

« on: February 02, 2012, 09:17:19 PM »

If the corporation has so little money and assets, then simply let it go.  It is one of the things to consider before ever starting a corporation.  There are benefits and there are disadvantages.  This is one of the disadvantages.  It must have a corporation unless you decide to become a lawyer.  Or find someone that will do work pro bono.

Sometimes the best thing to do is to accept the default judgment especially in the case of an empty corporation.  You can discard it like an aging car that has outlived its usefulness.

So if you can't represent yourself as a corporation, where does that leave you if you cannot pay for an attorney?  Can you still file responses and motions, etc.?
 
Could that be why there have been a lot of default judgments out there?

1688

Getty Images Letter Forum / Re: "Cease Communications" request

« on: February 02, 2012, 06:08:21 PM »

I tried opening up the avatar and the ability to post images before but then we had some "interesting" images go up which was really a distraction and resulted in some bothersome complaints I had to deal with.

I then restricted the avatar display to myself and Oscar since we were (at that time) the only people in this fight that was willing to "come out" and put our reputations on the line. Obviously, that has since changed since Buddhapi and Mcfilms have generously lend their names and reputations to the cause. And so they have the option of using their own photo or simply get a plain but bright colored box to make their posts stand out better.

There are other valued ELI contributors that I would like to assign an avatar to but it hasn't been a high priority to highlight more contributors simply because Buddhapi and Mcfilms have done such a tremendous tag-team job even when Oscar and I haven't been around.

When I had time, I do privately reach out to different individuals that have a good track record here on ELI to spotlight them. Some prefer to stay low-key, others don't mind the additional visibility.

If you have been a valued ELI contributor and would like to be recognized as such, send me a private email/message and let me know if you would like to stay anonymous or "come out". I will do my best to accommodate you. Just so you know, you are doing me/us a favor by volunteering but I don't pressure anyone to do so.  I am simply happy people are here being passionate and engaged.

But there is no question in my mind that (if you are able to), your message and comment carries more weight when you fully identify yourself vs. doing so with an alias or pen name. Thus far, there are 4 of us who lend our names to the fight. I would like more but it has to be voluntary and organic.

I don't have absolute rules on the avatars, images, and similar issues, only general guidelines that evolve depending on the ELI Forum needs.

But the bottom line is, here on the ELI Forums, the avatar is being used as a credibility-building device, not as a way for artistic self-expression.

Hope that clears up the avatar situation.

I can't seem to submit an avatar. Do we need to be deemed worthy before we can do that?

1689

Getty Images Letter Forum / Re: Getty, Corbis & Superstock being sued...a MUST read!

« on: February 02, 2012, 05:37:15 PM »

I am a little late to the party but the Complaint has been added to the ELI Document Library.

http://www.scribd.com/doc/80294487/Cooley-vs-Getty-Images-Corbis-Superstock-Complaint

1690

Getty Images Letter Forum / Re: Masterfile / Arius3D deal deadline today

« on: February 02, 2012, 12:36:27 AM »

Oh gosh, You just had to bait me.

How about lice, leeches, parasites, bacteria, fungus, viruses, plague, bottom-feeders, mildew?

I feel better saying those words.

You know what else grows "organically"?  Mold.

1691

Getty Images Letter Forum / Re: Providing Proof of Infringement

« on: February 02, 2012, 12:28:57 AM »

Oscar,

People are up in arms because you simply post too much, talk too much, and teach too much.  Good think you caught yourself there.  We were close to having a revolt happen from all that legal explanation.  It really is offensive when you start getting into the finer points of legal discussion for us non-lawyers and force us to think.

For future reference, we can only handle yes and no answers and black and white positions.  Please..... no more finer legal distinctions ok?   Oh, and don't forget to keep your responses to less than 5 sentences.  Each sentence should not contain more than 7 words.  New rules for 2012.

P.S.  For the humor-impaired, the last 2 paragraphs was me being a smart-ass and yanking Oscar's chain in full public view.  It is always an event when Oscar gets in the mood and does a strafing run on th ELI forums. You just never know when he is going to pounce. Strafe us again soon, ok?

Sorry for the lengthy response - here endeth the lesson.

1692

Getty Images Letter Forum / Re: "Cease Communications" request

« on: February 01, 2012, 09:24:32 PM »

Hey, when you update your profile, don't click "No Avatar", ok?  Personally, I think you were just trying to sneak out the back door.

I'm sure your referring to my dog right? I don't know what happened, maybe I got demoted or something. Not even a lime green box either..

1693

Getty Images Letter Forum / Re: "Cease Communications" request

« on: February 01, 2012, 01:05:02 AM »

Mcfilms,

You are the bomb. In life, you try to be nice, you try to be civil, you try to be reasonable, you try to be logical, you try to be cooperative, you try to be understanding, etc. But sometimes, a single but simple pop in the nose is what it takes to get the message across.

Last but not least... "Stop asking and start telling." Simply elegant. Simply classic. Love that quote.

I know of at least one Getty recipient that let loose a tirade of vitriol-infused R-rated language that would have made a drunken sailor blush like a schoolgirl. Through a barrage of "eF's" and "eSSes" he stated that there was no way in hell they would spend the money for the lawyers to pursue this case, and if they did he'd see them in court. He slammed down the phone and claims he never heard from them again.

Stop asking and start telling.

1694

Getty Images Letter Forum / Re: Introduction

« on: January 31, 2012, 03:08:15 PM »

I was curious to see if there had been any articles written on professional photography dying. It turns out, there are a couple.

http://www.nytimes.com/2010/03/30/business/media/30photogs.html?emc=eta1

http://photocreative365.com/is-photography-a-dying-profession

1695

Getty Images Letter Forum / Re: "Cease Communications" request

« on: January 31, 2012, 01:52:03 PM »

Don't ever invite anyone to sue you! Someone may take you up on it one day.

Do your research on Getty that way those communications don't bother you so much.  Remember, they are only letters. They don't mean anything unless you believe they will do something.

And I agree with Buddhapi, they won't stop. In fact, if you let on you want them to stop, that is a sign of weakness that they are getting to you. They tend to back off of people they know will fight and will become a waste of time and resources.

However, if you are so emotionally bothered, like Buddhapi suggested, go hire Oscar for $195. Problem solved. I tell people you have to pay one way or another. If you don't want to pay money then you get educated and grow a spine. But what Oscar offers is quick and immediate. I do recommend that also.

if a request is made to getty , mcormack, ncs, to cease  all communications about the settlement, and to sue if they choose to, should they legaly stop communicating ?