Messages

1951

Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question

« on: May 11, 2012, 07:13:08 AM »

Just because a law firm may list 20 attorney's does not make them "more powerful" in my view. Picscout has along list of firms located in just about every state, when an image is found, they do a whois on the domain and pick a firm that is close to that address..THis is just how I see it, but I don't think much thought goes into who gets what cases, after all these "attorney's" and "law firms" are all acting like ambulance chasers for the most part. Again this is just me but I tend to judge the firm based on a couple of criteria..

1. Are they a one stop shop, showing a long list of specialties?
2. Do they have any sort of online presence?
3. When were they admitted to "practice" law
4. Where did they attend school?

It's very difficult at best to "specialize" in multiple areas, would you go to a foot specialist if you had hemorroids? probably not, but they are both doctors.

Most of these trolls have hardly any on line presence, at least until we get their names!

You'll also notice hardly any of them any number of years behind them, in other words they are not seasoned attorneys, but rather they are just getting in the game, and taking any cases to make a buck and add to their portfolio, I have seen very few with 10 or more years experience.

It's also been observed that most of them attended law schools that are virtually unheard of...
Take a look at Oscars experience, alumni, who he is involved with, and his years of experience, none of these copyright trolls can hold a candle to him!

Bottom line is don't be fooled by the size of the firm, the fancy office they may work out of, or the fact that they specialize in every area of law known to man.

1952

Getty Images Letter Forum / Re: ELI Currently Exists Based On Annual Agreement Between Matthew & Oscar

« on: May 10, 2012, 07:37:03 PM »

Personally I would love to see the social media aspect ramped up in any way shape or form, the biggest problem is that most people are reluctant to "come out", thus using the share like button on the bottom of the posts doesn't get used as much as it could, but by all means feel free to share. I spread the word at every opportunity I get, whether it be with cliens, potential clients, IT people, whomever. There is only so much we can do on our own, that as one of the reasons I decided to become more vocal..

1953

Getty Images Letter Forum / Re: New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 10, 2012, 12:48:45 PM »

I'd like to take this opportunity ( 45seconds worth) to thank Matthew for such a well written post...so many goodies all wrapped into one package!

1954

Getty Images Letter Forum / Re: New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 10, 2012, 06:57:54 AM »

I may have some nuggets to add, I'd like to see the attached "documents & invoice"..I also noticed the date and he has been flying under the radar for some time..

I can understand the shift, they must be tiring of us throwing them under the bus, so I think we need to change accordingly as well.. I will no longer throw these extortion letter collection attorney's ( TROLLS) under the bus...from here on forward they will be tossed onto the train tracks, it will be up to them to escape the approaching train while not touching the dreaded third rail... sanitized letter or not a troll is troll no matter how you slice it..


::EDIT::I'll just add this for now, but there will be more.. admitted in 2009

http://www.mywsba.org/default.aspx?tabid=178&RedirectTabId=177&Usr_ID=41943

1955

Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Art Network v. Aloha Plastic Surgery ( quick update)

« on: May 09, 2012, 09:30:27 PM »

I have not looked thru everything, but it appears that his registrations were done in bulk, or compilations, which could prove to be problematic for Vincent K Tylor, not to mention the whole webshot thing where they sold cd's of his images...

1956

Getty Images Letter Forum / Re: CEG Email?

« on: May 09, 2012, 07:43:53 PM »

The bot bypassed it by masking it's user-agent, in other words the bot was one of those 6 visits, look at your log files..These companies never go after big companies, they would fight back and have deeper pockets than we do, they always go after the low hanging fruit, hoping to scare and intimidate small business owners / hobbyists, non-profits..In regards to the other fan site, we have no way of knowing who has what licenses, and if they are linking to the images, or actually hosting them. I can't urge blog owners, forum admins etc to have the DMCA safe harbor provisions properly in place..It's a well spent 135.00 for peace of mind.

1957

Getty Images Letter Forum / Re: passing time...

« on: May 09, 2012, 07:00:26 PM »

I guess it would depend on how long has it been?? and did you respond personally?.In my case no news was good news, but that does not apply to everyone I'm afraid.

1958

Getty Images Letter Forum / Re: GI Letter and 30 day preview agreement

« on: May 09, 2012, 06:58:37 PM »

Don't hold back Peeved! 
This is not the first time they have gone after their own customers, and I fear it won't be the last..

I was thinking on the same lines as Mcfilms. What a GREAT WAY to treat your CUSTOMERS! Well as we all know they make more money in the EXTORTION business!

With regard to KWR's statement..............

I can tell from the screen shots they sent along with this demand letter it was during my 30 day window, yet proving that to them is going to be tough because you don't have a transaction when you download a comp. So as far as they know I had it on the site for years or hours when Pic Scout scanned my site. 

My personal opinion with regard to "proving the time frame" is to make THEM PROVE OTHERWISE! Good luck! Check to see if the images in question are "registered" with the Copyright Office. If not....F%&K OFF!

Just my opinion.
 

1959

Hawaiian Letters & Lawsuits Forum / Hawaiian Art Network v. Aloha Plastic Surgery (quick update)

« on: May 09, 2012, 05:20:32 PM »

As some or most of you know I have been in direct contact with Aloha on several occasions regarding the case with Hawaiian Art Network. With all of the chatter in regards to HAN the last couple of days I thought it would be a good idea to give a brief update of the goings on and what might be down the road. There are some points that I cannot divulge at this time, but let it be known that I have suggested to APS (Aloha Plastic Surgery) that it would be in his best interest to get on the forums, state his case and that the ELI community would stand behind him. I'm not really in the position to be the middle man and rally the troops, this has to fall on APS.

With that being said, the hearing on the default judgment will be held one day next week, provided that it gets overturned, and this goes to the next step, we may be in a position to assist ( again only if he is willing to elicit our help ) There are some interesting angles this would be fought on and even though I'm a layman at best, I think the case has some good merits and he might have a chance to beat HAN down. One thing that would be super helpful is we can get the latest HAN letter recipients to all pull together and pools resources, information, and anything else that could be helpful. All we need is one win to severly ding HAN and VK Tylors practices.

To get a better feel for this case if you haven't already and you might be able to lend support be sure to read this thread:
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/hawaiian-art-network-llc-v-aloha-plastic-surgery-update/

1960

Getty Images Letter Forum / Re: AKM Images / Copryight Enforcement Group Settlement Demand Letter

« on: May 09, 2012, 12:34:20 PM »

According to Pacer.gov Copyright Enforcement Group has filed 7 lawsuits from Oct., 2010 thru May, 2011 all are closed and most likely settled or tossed, they all appear to be bit torrent cases..the latest case involved 1768 Does and was indeed thrown out.. Perhaps they now realize you can't threaten to sue a bunch of IP addresses, and they have turned to image trolling..

1961

Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question

« on: May 09, 2012, 11:50:37 AM »

There are 3 active cases in regards to HAN: Aloha Plastic Surgery, which is trying to get the default judgement overturned, The Scott, a place in California, whom I reached out to to advise them of the forum and the valuable info available to them ( I also reached out to their attorney, but have not heard back as of yet. and another company whom I did not reach out to.. These last 2 are very early on in the process, whether they will fight or settled remains to be seen, obviously it would be best if they fought, I doubt HAN have the balls or the money to defend 3 cases at once, and if they were to file counter-suits, that would really stick HAN and Glen Carner in a tough position. I will post more in regards to the Aloha Plastic Surgery case later, as there have been some developments, which need to be public, I'm just short on time at the moment.

1962

Getty Images Letter Forum / Re: CEG Email?

« on: May 09, 2012, 09:34:20 AM »

1. If you don't have thick skin you'll be in for a beating, it's amazing the amount of people that roll over and pay because of this..Contact oscar, see if he can help and be done with.

2. a user upload button, does not get you off the hook, just because you allow users to upload, does not make you any less responsible, unless you have followed the proper steps to be covered by the DMCA, which apparently you did not.

3. you could "try" approaching the photographer, but chances are good they hired this firm, another question worth researching is if this "firm" has the right to sue on their behalf, unfortunately you have a good amount of homework ahead of you..

1963

Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question

« on: May 09, 2012, 07:02:55 AM »

You can probably bet the farm, there is some sort of provision in the agreement, that when paid it will be non_refundable and confidential

1964

Getty Images Letter Forum / Re: Ivan Kopas the copyright trolling musicin

« on: May 09, 2012, 07:00:36 AM »

Yup, same music from Ivan Kopas, I saw this as well, but opted  for the site with sounds samples...(although now I'm kinda sorry I did)

1965

Getty Images Letter Forum / Re: CEG Email?

« on: May 09, 2012, 06:58:30 AM »

Thats to bad about the DMCA issue, but even if you had registered yourself as an agent, you'd still be on the hook, as it sounds that you mau have uploaded the images, which would quash DMCA anyway..Thats why it's best to have someone else as the registered agent, someone not involved in the site. I've heard of the Copyright Enforcement Group, but not with stock image companies. Not to freak you out or anything, but they just might file suit it this concerns "many" images. If I were you I would start doing some homework on the images in question, see who owns them, if they are registered, ect.. The letter may be the best approach, but keep in mind you'll be riding the merry go around with them, and they know how to wear people down.