Messages

1801

Getty Images Letter Forum / Attorney Bruce Rosen (representing Julie Stewart) Sends Certified Letter to ELI

« on: January 08, 2012, 05:57:05 PM »

It is with great frustration that I am forced to post this letter. I have tried to stay quiet hoping Canadian lawyer, Julie Stewart of Blackline, would go away but I have been left with no choice but to once again, go public.

http://www.scribd.com/doc/77577448/Attorney-Bruce-Rosen-representing-Julie-Stewart-of-Blackline-Sends-Certified-Letter-to-ELI

Although the ELI Defense Team have been intentionally silent here on the ELI Forums regarding her ongoing dispute and harassment with ELI, she has continued to engage in harassing and legally threatening behavior of people that work with me on the ELI project.

I have heard through the grapevine she has no intentions of giving up her legal threats and attacks against ELI. And so, I have decided to openly and publicly fight back. When you read my letter, you will understand my position and why I have decided come out overriding recommendations that I continue to stay quiet.

http://www.scribd.com/doc/77577916/Matthew-Chan-Response-to-Attorney-Bruce-Rosen-Regarding-Julie-Stewart-of-Blackline

One of the things I tell everyone is "don't try to out-lawyer a lawyer" and I am not try to now. Given that, I wrote a very lengthy and detailed response to Bruce Rosen appealing to his good lawyerly experience and sense. But Julie may not listen.  He may force Bruce Rosen to move forward, in which case, it is going to get very ugly and messy. Or she will move on to another lawyer. Hopefully, Julie will not compel me to open this up further because I have a lot more to say if forced to.

As I have frequently said, I may not always win a fight but my opponents will know they will have been in one. Here are a few nuggets of how I operate if pushed up against the wall: "Two eyes for one eye" "Scorched earth"

Right now, I am annoyed.  I am not pissed..... yet. I really don't want to be pissed but it probably won't take much more to push me over the edge.

1802

Getty Images Letter Forum / Re: A Masterfile Demand Letter Story

« on: January 08, 2012, 05:02:14 PM »

Dieselfish (DSF) has submitted the cleanest copy of the Masterfile Settlement Demand Letter I have seen. Additionally, he has done a great job engaging Masterfile thus far.

DSF granted me permission to upload his redacted copies of his correspondence with Masterfile. 

http://www.scribd.com/my_document_collections/3425315

Warning: there is a lot to read and dissect here. However, I am confident that the ELI community will have many insights.

My first question is: who is Geoffrey Beal?  Is this some low, first-level Masterfile employee or is this someone higher up in the Masterfile food chain? What is this guy's background and who does he report to?

1803

Getty Images Letter Forum / New ELI Video Update (January 2011): Jerry Witt aka mcfilms

« on: January 08, 2012, 03:54:32 PM »

For the very first time on-camera, Jerry Witt (aka mcfilms) and newest member of the ELI Defense Team, speaks out in this introduction video. Welcome Jerry to his very first ELI Video Update.

1804

Hawaiian Letters & Lawsuits Forum / Possible Entrapment Scheme by Vincent K. Tylor & Hawaiian Art Network

« on: January 08, 2012, 01:48:54 PM »

In reading the latest Righthaven article, R-J is being accused of using entrapment and ambush tactics because it encourages people to disseminate its articles through its share icons. The claim is there is an "implied license" when R-J encourages the sharing of its newspaper articles.

http://www.vegasinc.com/news/2012/jan/07/nonprofit-attacks-r-j-righthaven-ambush-tactic/

Further, a Righthaven judge stated the argument has merits.

http://www.lasvegassun.com/news/2010/sep/20/righthaven-judge-review-journal-implied-license-de/

As I have frequently said, I am not normally a fan of conspiracy theories. However, when there is an abundance of evidence that images on multiple websites are being labeled "FREE wallpapers", a strong argument can be made that there is a scheme by the photographers to intentionally trick or trip up users to using the images and later nailing them with a copyright infringement claim.

I do not believe that Hawaiian Art Network actually tells or encourages their photographers to do this but I do think they do turn a blind eye to it. If I were to argue on the defense, I would point out to HAN they have a responsibility to at least investigate this when brought to their attention and that they hinge their case on a technicality.  The "spirit" of free wallpapers is supposedly to share their work and actually use it on their computers. But when that same image is placed on a website, that is where the "gotcha" comes from.

I believe it puts HAN on very dangerous ground relying on such a technicality. The Righthaven lawsuits have shown that judges have a low tolerance for such underhanded tactics and they clearly have voiced this in several rulings.

1805

Getty Images Letter Forum / Re: A Masterfile Demand Letter Story

« on: January 08, 2012, 03:44:50 AM »

It would be much more helpful if you allowed us to post the letters to get a better reading of the situation in the proper context. We will, of course, redact your name. Feel free to email it to [email protected].

1806

Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Art Network Lawsuit Collection

« on: January 06, 2012, 08:32:47 PM »

It appears Aloha Plastic Surgery has not filed an answer in a timely manner and an Entry of Default has been filed against them by HAN & Vincent Tylor. Quite unfortunate.

http://www.scribd.com/doc/77406749/Hawaiian-Art-Network-Vincent-Tylor-vs-Aloha-Plastic-Surgery-Entry-of-Default

The other 2 cases has no answers filed yet. However, no entries of default have been filed either. My guess is that they are under negotiations to settle.

1807

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

« on: January 06, 2012, 02:24:56 AM »

A very simple question: Where is Page 2 of the copyright registration? And more importantly, what images are listed on Page 2? It seems to have been conveniently left out.

Also, Christian Martinen does not strike me as a litigator type based on their web page. I hate to keep saying this but there is no other way around it.... I don't think Christian is anywhere close to being an Oscar Michelen.

My initial conclusion is Hawaiian Art Network continues its tradition of only hiring the "finest" and experienced lawyers.  I would very much like to find out what the collection split is.  Is it 50/50? 60/40? 70/30?  I have to believe the lawyer gets the smaller number if that is the case.

1808

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

« on: January 06, 2012, 02:12:13 AM »

Oscar,

I was thinking to myself that presenting a new case or extortion letter to the ELI Community is like feeding fresh meat to the sharks.  It didn't take long for them to tear this case apart and analyze it from top to bottom.  Oh, did I forget to mention it was only Day 1?  LOL.

You guys are all crazy but I love the analysis and attention to detail.  I would say pretty nice for a bunch of non-lawyers (with loads of respect to Oscar, of course!)

1809

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

« on: January 05, 2012, 02:23:49 PM »

We have a new letter submitted by an ELI reader who has authorized me to post his redacted copy of his settlement demand letter. This never-before-seen letter is from CPM Legal LLC written by California lawyer Christian Martinen. This letter is once again on behalf of Hawaiian Art Network. The photographer in question is Wendy Chattil.

http://www.scribd.com/doc/77260408/CPM-Creative-Settlement-Demand-Letter-by-Christian-P-Martinen

CPM Creative Legal & Production can be found at: http://www.cpm-creative.com

I attached a copy of registration that was later submitted to the letter recipient. However, page 2 is missing. The page that identifies the images registered appears to be conveniently missing. I cannot tell if this is a simply oversight or intentionally left out.

Let's go find out more about these folks. The original letter recipient may chime into this thread.

1810

Getty Images Letter Forum / Re: Just a quickie!

« on: January 03, 2012, 07:54:16 PM »

I think it is safe to say that as far as ELI is concerned, 2012 will get way more interesting before it gets boring.

Hang on everyone, there will be some announcements coming soon.

1811

Hawaiian Letters & Lawsuits Forum / Re: Another Law Firm to add to the growing list of HAN attorneys

« on: December 29, 2011, 10:48:45 PM »

Oscar, can't happen. You are a dinosaur I am afraid. You didn't graduate in the 21st century, so it just won't go.  LOL.

1812

Getty Images Letter Forum / Re: No Acknowledgment From Oscar

« on: December 29, 2011, 02:15:24 PM »

Have you tried to contact his office or email him? If you have paid for his service, he or his office will reply to your request for an update.  You didn't have to wait 4 months.  30 days probably would have been more than sufficient to wait and ask what the status was.

1813

Legal Controversies Forum / PR Nightmare for Gaming Representative

« on: December 29, 2011, 05:47:22 AM »

This isn't really a legal issue (yet) but it shows how stupid some people are and the PR nightmare that is self-inflicted. Just so you know, this guy is supposedly in marketing and PR and also a rep within the gaming industry. You would think he would have better people skills.

The trail of emails shows how dumb he is and he simply doesn't get it. Not to mention the dirt that has been dug out on him elsewhere.

http://penny-arcade.com/2011/12/27

http://kotaku.com/5871656/chastened-gaming-rep-paul-christoforo-responds-to-internet-infamy

1814

Legal Controversies Forum / Re: The Little Guy Wins!

« on: December 29, 2011, 05:25:39 AM »

Bekka,

I had heard about Monsanto and their shenanigans in a documentary.  It is really disturbing what they have done to small farmers.  Unfortunately, in their line of work, they don't frequently use the Internet or online resources to get support for themselves. Also, when this began happening, they didn't have easy open Internet access as we do today.

Thanks for sharing. It is one reason why this new Legal Controversies Forum was started.  The ELI audience want to know more about David vs. Goliath cases.

1815

Legal Controversies Forum / Actress Suing Amazon for Being "Outed" of her true age

« on: December 29, 2011, 05:21:32 AM »

I have been following this case with interest about an Asian actress that was "outed" of her true age. She wants to sue Amazon anonymously without having to reveal her name. If she decides to go through with this, her career is over. More damage will have been caused by herself (self-infliction) by suing Amazon for something so stupid like actually revealing her true age! 

I hate to say this because I come from Asian descent but many Asian women are abnormally weird about their age especially those that depend on their looks and vanity to get by in life.  All I can say is GMAFB.

http://www.techdirt.com/articles/20111227/15545517209/anonymous-actress-who-sued-imdb-revealing-her-age-ordered-to-reveal-her-name.shtml

http://www.thewrap.com/tv/article/judge-actress-must-lose-anonymity-imdb-age-reveal-case-33915?page=0%2C0

http://www.thewrap.com/tv/article/imdb-actress-suing-over-age-reveal-selfish-trying-commit-fraud-32764