Messages

1771

Getty Images Letter Forum / Re: Name for Members of the ELI Defense Team

« on: January 11, 2012, 01:35:30 PM »

I think if you look at my past record of business projects outside of ELI, I take my credibility and reputation very seriously. That means, by extension, I won't be doing anything that will damage the credibility built thus far on ELI. I don't think I am speaking out of turn that Oscar has had MANY conversations with me over the last 3.5 years. And while we may disagree on specifics, I think he can vouch for me that I deeply care about professional reputation and credibility. I think he has seen some of my "off-the-wall" ideas morph into unexpectedly positive results. I like to think that is why he continues to want to work with me when really he could (god forbid) disassociate himself from me at anytime.

Having said that, it doesn't mean I can't or won't screw things up along the way.

However, let me assure you, anything that might be implemented will NOT change the ongoing information, commentary, and analysis. That is the core of the community.

I do not claim to have "the answer".  If I did, I would not have released a poll which I almost never do in making decisions.  I generally think about it, consult with a few people, and then make my own decision. I would like to think I have made more right decisions than wrong decisions thus far because we are so much larger and influential than in the past.

What I do know is that:

1. We are fighting an issue that most people don't care about UNTIL they get "the letter".
2.  We are fighting about some very abstract (albeit important) issues.
3.  ELI has had to take some calculated risks in "taking it to the next level".
4.  Leaving things at the status quo leads to stagnation. Entities must either grow or wither.
5.  Symbols and imagery are seriously lacking on ELI. (Keep in mind they can be powerful tools and they can be deeply serious. (Flags, crests, insignia, logos, mascots, are all samples of symbols that stand for something greater.)

What I truly appreciate is that all of you care so much about ELI and what we do that you are willing to challenge and disagree with me. That says something to me.  So thanks to all of you for your opinions. I am taking it all in.  Keep the comments coming. But don't be afraid to throw out some suggestions also.

IMO, this is a very serious business and consequently requires utmost professionalism. It'll take much more than a catchy name to get mainstream media attention, especially since so much of the mainstream media is owned by companies run by people like those at Getty.

I think we should concentrate on doing what's already being done so well here on the form: stick to our guns with facts and thoughtful ideas and commentary and occasional high-level sarcasm.

1772

Legal Controversies Forum / Is it Defamation for Blogger to say TSA Raped her?

« on: January 11, 2012, 02:13:20 AM »

This is a pretty graphic and outrageous case where both parties engaged in some outrageous behavior. It seems the blogger really made a huge scene but it does seem like having female genitals manipulated by a TSA Agent (regardless of gender) seems way over the line.

Read the very graphic and explicit blog post:
http://www.advicegoddess.com/archives/2011/04/26/make_it_tough_t.html

The TSA Agent shouts Defamation, the other side says "rhetorical hyperbole".

This case really makes the who "extortion" accusation as defamation here on ELI seem very tame.

NOTE: These letters repeatedly refer to the female genitals in fairly explicit terms.

Complaint Letter from Vicki Roberts, Attorney for TSA Agent
http://www.docstoc.com/docs/93707372/TSAAlkonThedalaMageeLtr

Rebuttal Letter from Marc Randazza, Attorney for Amy Alkon (Blogger)
http://www.docstoc.com/docs/93707383/Response-to-TSA-Agent-legal-threat

1773

Getty Images Letter Forum / Re: Name for Members of the ELI Defense Team

« on: January 10, 2012, 08:23:42 PM »

While it is descriptive, it is boring and entirely abstract.  It was something I came up with quickly to get started. It was a "placeholder" name until I could come up with something more colorful that is more media and visually friendly.

Ok "mutiny" aside, my first honest thought was the same..."What's wrong with ELI Defense Team".
 

1774

Getty Images Letter Forum / Re: Name for Members of the ELI Defense Team

« on: January 10, 2012, 07:17:52 PM »

I sense a mutiny building.  LOL.  The "problem" I see is we are almost too serious and I think imagery is important to break into mainstream press.  We want other websites to "identify" us easily.  We have the ELI name but we need to create an easy to recognize symbol for it.  (Do we have a graphic artist in our community?) What we do is too abstract and esoteric for many people to understand.  I am not trying to "dumb" things down drastically but I want people to recognize us as doing more than just "playing defense".  I believe we are also fighters/warriors/whatever in the larger cause.

While there is a bit of humor here, there is also a greater objective I am trying to achieve with this. Obviously, I am simply get some feelers on this before doing anything.

I concur with OM, in keeping it more "respected / professional" as it were...

"Extortion Extinguishers" cause we all love the word extortion!

1775

Getty Images Letter Forum / Re: Name for Members of the ELI Defense Team

« on: January 10, 2012, 07:09:45 PM »

Oscar, I suspected I was pushing the envelope with you on this one. LOL.  You know me, I am into imagery (no pun intended).  Maybe we have to exclude you from the name and give you a special title altogether.

How about "Members of the ELI Defense Team?"

1776

Getty Images Letter Forum / Name for Members of the ELI Defense Team

« on: January 10, 2012, 06:44:56 PM »

Hey, everyone. I have been mulling this over for months now but I really am not sure which way to go.  Could you do me a favor and take this poll and give some feedback?

I know it seems like a silly exercise but if you can humor me and read the dialog below before making a rash decision.

1777

Hawaiian Letters & Lawsuits Forum / Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network

« on: January 10, 2012, 06:26:55 PM »

Before you use my text, let me first go register my letter with the copyright agency (after the fact). That way I have better standing when I send you the ELI Extortion Letter.

The ELI Extortion Letter is the one where we suck in people to read the multiple letters I have written to various lawyers, agencies, etc. and "seeded" into Scribd.  Then, when you incorporate the text I originally wrote into your own letters, you will then receive a screenshot of the Scribd document, the "after-the-fact" copyright registration, and then the Shakedown Letter asking for $1,200 which I will kindly accept $500 because I am in a charitable mood.  Of course, I have to include the customary FAQ in case you have any issues with what we sent.

How does that sound to you?  :-)

Matthew - Thanks for the pep talk and for everything you do here.  I am going to at least give it one more try on my own using all that I am learning here.  So, if I use some text from one of your letters you won't site me for copyright infringement?   

1778

Getty Images Letter Forum / Re: Alternative names for Extortion Letters

« on: January 10, 2012, 06:15:53 PM »

Oscar is absolutely right. We have gotten enough grief over "extortion" and the ELI name absolutely stays. 

Last thing, I am sorry if I caused any confusion over the intent of this thread.  NO NAME CHANGES was ever intended, only alternative phrasing for SEO and conversation purposes.

Matt and I have certainly caught enough grief over the years over the term "extortion" to the point where I have started collecting  uses of the term colloquially in the media or in court papers to be able to show to those offended by its use. I highly doubt that Matt will ever change the name of the site nor do I think he should.  I also am always amazed at how some are hurt by the term "extortion" yet in their own extortion letters they accuse the end user of "Stealing" and  "theft" without any proof that they stole anything.

1779

Getty Images Letter Forum / Re: Alternative names for Extortion Letters

« on: January 10, 2012, 06:05:37 PM »

SG, that was a great post and I cannot agree with you more on all the points you brought up. We are definitely in sync here.

Regarding ELI "going soft", over the years I have mostly attracted people who were "softer" than me in business dealings, partnerships, and relationships. I am guessing because there is some degree of "opposites attract" in business, not just personal relationships.

I have learned that sometimes using a "softer" approach is much more effective than a "harder" approach. Witness the tone of my letter to Bruce Rosen. I could have been much more nastier towards him but I know nothing about him and I know he didn't instigate the letter. My anger in the letter was directed at Julie and I think Bruce (and the ELI community) knows that. Having said that, I cannot predict the tone I will take should Bruce come back with yet another legal "threat" on her behalf. I will likely not be as pleasant because, by now, he has been fully informed of the full context of he is getting himself in. If he engages again, he does so knowingly.  If he is a smart lawyer, he would start perusing the ELI Forums in more depth before he took any actions.

I think it is safe to say as time has progressed, I have gotten a bit much shorter in the patience department. I am also less tolerant and less sympathetic of newbies who want to cry and complain but not do something meaningful in their defense. I cannot help people save them from themselves.  Some are their own worst enemy, so if they decide to cave without a fight, so be it.  Their loss, not mine.

I do not think I will be "softer" but what Oscar and I do agree on and have discussed is the "time suck" of it all. We do our best to avoid the "time suck" factor. But that is the very reason why the concept of ELI has evolved into teams, community, and collaboration.  I have a lot more help now on the forums. I feel I can go away for a week and it is in good hands with buddhapi, mcfilms, and even SG (who knows our history very well).  They "get" my attitude and where I am coming from and they carry that attitude in their posts presumably because they agree with me, not because they want to become Matthew Chan clones (god forbid).

I can better take up the fight against the lawyers and others that would try to silence us or shut us down. I can focus on building and expanding the ELI platform.  Without revealing everything just yet, I am in the process of building a bridge to a couple of other like-minded communities by privately reaching out to my counter-parts there. Stay tuned for that.

I am a big believer in using the "big hammer". But the big hammer most people expect (the legal system) is not really the one I like to use. The big hammer I like to use is a HUGE megaphone with lots of LONG and WIDE tentacles.  So far, we have Twitter, Youtube, Vimeo, Facebook, Google+, and Google search engines.  (The other lawyers were smart enough to let things go before there was too much activity but Julie was too stupid to realize otherwise and just kept pushing and pushing until she went too far.) If I manage to establish solid bridges to multiple other communities with similar tentacles, watch out.

So no, ELI is not going soft.  ELI is evolving but ELI will still be ELI in both spirit and attitude. 

Thus far, the vast majority of copyright infringement demands made by those in the content business have a very weak legal basis.
It's abundantly clear that most of the money that copyright trolling captures comes from those who simply pay out of fear.

Creating "fear" in order to make people scared enough pay is a messy business.
So, I understand that those involved in the copyright trolling business wish to "sanitize" the entire issue.
Both for the business aspect, and so as not to cast one's own professional reputation in a negative light.
While copyright trolling types may not like the term "extortion letter" and might prefer "demand letter", "extortion" and "demand" are in fact synonyms:

http://thesaurus.com/browse/extortion
http://img23.imageshack.us/img23/468/extortionsynonym.jpg

It’s important to realize that the trolls want ALL criticism to go away.
Today, it’s the word “extortion”. Next week, it’s going to be “troll”.  The week after that, maybe we can’t mention any names?
Indeed, Canadian lawyer Julie Stewart wants no mention of her name on the site.  But, this is the business that she’s in.
A more productive response to the evidence, opinions and expert commentary presented on ELI would be for lawyers such as Ms Stewart to blog their point of view.
But, she couldn’t “blog” what’s in the extortion letters without damaging her reputation.  That also explains why you don’t see lawyers for the trolls posting here.
You can’t openly post what’s claimed in the letters without looking like a scammer.
So, the only option left is to suppress what they’ve written and signed their name to.
The only exception appears to be lawyer Carolyn Wright, whom I believe has some articles of value.

Righthaven has illustrated how bad it can get.
Also, I don’t believe for a moment that Tylor (affiliated with Hawaiian Art Network) doesn’t know that his photos are offered for free all over the web.
Riddick’s claims were garbage from day one, and I feel sorry for anyone who gave in and paid him.

I believe that anyone who demands monetary damages relating to property that they do not legally own is pulling a scam.
I don’t think “scam” is too harsh a word.  In such cases, the money simply isn’t owed.

I don’t speak for ELI, but it’s my opinion that those who expect it to be ELI’s job to market the actions of copy trolls in the best light possible are out of touch with reality.
If most people received a gas bill of ten-thousand dollars, they’d ask to see the meter reading.  If the gas company said, “we don’t reveal meter readings unless we go to court”, they be screwed in short order.
The same is true for the copyright trolls; what is the actual evidence of the claim?

I hope that the approach on this forum doesn’t go too “soft”.  Listen to Rammstein or Metallica while you post if you have to.

S.G.

1780

Getty Images Letter Forum / Re: Alternative names for Extortion Letters

« on: January 10, 2012, 05:35:30 PM »

mcfilms & lucia, I like "Shakedown Letters" too. I will be adding it to the ELI banner on the main site.  That is one more term the opposing lawyers can get upset with.

Of the alternatives, I like shakedown.

1781

Getty Images Letter Forum / Re: Alternative names for Extortion Letters

« on: January 10, 2012, 05:33:07 PM »

Leave it to SG to get a chuckle out of me.  It doesn't happen too often but I did chuckle at that one.  "Butthurt" is funny and I am admittedly being sophomoric here with that comment.

Well in that case, I always laugh when Soylent uses the term "butthurt".

I suppose it could go the other way around...."Butthurt letters".

lol!

1782

Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers

« on: January 10, 2012, 05:23:00 PM »

Correct me if I am wrong, but I find it very peculiar that for a photographer to have so much online presence, he has not made a public statement or commentary of any kind regarding the overwhelming presence his images appear to have.

If he were to come out and make a strong statement that these images so prevalent on the Internet was NOT authorized or seeded by him, I think it would help his case a lot. But his silence is both deafening and strange. 

I know we should not presume guilt on his part simply because of his silence but I cannot believe that he is unaware that he, his images, and the suspicions behind the wallpaper sites are actively being discussed.

If it were me, I would write an open comment or open letter for all to read.

1783

Getty Images Letter Forum / Re: Alternative names for Extortion Letters

« on: January 10, 2012, 02:10:41 AM »

Good question. Aside from simply having fun alternatives (which I was inspired by other websites), it makes for good SEO to mix up the usage.

I saw some creative references and words to describe the "extortion scheme" elsewhere and tried to come up with some other cool, provocative sounding names.

An no, there are no plans to change the name of the website.  I like how the initials coincidentally worked out to be a nice name: ELI.

Matt,

What's the rationale in searching for synonyms?

S.G.

1784

Getty Images Letter Forum / Alternative names for Extortion Letters

« on: January 10, 2012, 12:35:04 AM »

ELI has been given grief for using the term "extortion letters" in lieu of "settlement demand letter" or some other sanitized name. So, in the spirit of turning lemons into lemonade, I hope you will humor me in this thread and help me come up with alternative names.

I have heard of:

* Bully letters (so-so)
* Shakedown letters (I like this one)
* Ransom letters (I also like this one)
* Hostage letters (so-so)

Maybe we need to start referring to "extortion letters" as "ransom letters".  Nice ring to it, don't you think?

Examples would be:

Getty Images Shakedown Letter, Getty Images Ransom Letter
Hawaiian Art Network Shakedown Letter, Hawaiian Art Network Ransom Letter

It has a nice ring if you ask me.

1785

Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers

« on: January 10, 2012, 12:07:48 AM »

EVNL,

That was a nice touch using Google search on the VK Tylor images.  I had not done that yet. Very creative and illustrative.

I am beginning to think that the Google video tool is going to get more popular here on ELI. To be honest, I am enjoying the creativity being displayed.  We might have to have a contest on the best video.  Or maybe dedicate a display wall of the best ELI-related videos.  :-)