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Messages - Matthew Chan

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1966
Getty Images Letter Forum / Re: My "Extortion" Letter Experience (Part 2)
« on: October 10, 2011, 09:06:22 PM »
Personally, I think you are overpaying with the $500 offer.  Superstock is obviously inflating their numbers drastically even beyond what Getty is doing.  After two letters to Getty, I was offered $500 fairly quickly which I still did not accept. I made it clear that I was willing to fight and make a lot of noise at the time and I think that motivated them to drop the settlement price quickly.

Having said that, a true settlement process generally requests that all parties keep the terms confidential.  By keeping it confidential, you are, in effect, agreeing not to publicize the terms of which you settled upon.

Also, how you position yourself in the negotiation makes a difference. If you are seen to "begging" for a settlement vs. them trying to convince you to settle (which they have done with the 2nd letter), it will hurt your position.  Too many people think about what THEY will lose vs. what the vendor has to go through to ultimately follow-up to make good on the letter.

As I have said before, filing a lawsuit by any company is no cheap endeavor and the risks to them can be great because of the possibility of a countersuit, discovery process, and they ultimately could lose or not get the ruling they want from the judge.  Most letter recipients are too ignorant or too inexperienced of the legal process.  They also rely too much on legal advice from many risk-averse "by the book" attorneys that live in a different universe in viewing such matters.

Hence, this forum exists with many opinions and suggestions.

Matthew

1967
Getty Images Letter Forum / Re: I found this rather amusing
« on: October 10, 2011, 08:53:19 PM »
StockPhotoRights.com is a fairly simplistic site at this point built upon Wordpress (from what it looks like).

The site has some interesting nuggets but it is unclear where this website is going. There does not appear to be a lot of activity at this point. It appears that this is Getty's effort to cultivate some allies in the stock photo industry vs. being the big bad bro of the stock photo industry. All of this info could have been placed within the main Getty Images website but by having it be "independent", it appears to be trying to send a message that the issues go beyond any one stock photo company.

Matthew

1968
I will agree with you that dealing with the low-level, front-line folks are generally a waste of time if you want some true opinions and decision-making authority.

Having said that, there is really no incentive for anyone even at the higher levels to reply to you either.  At best, the case quietly goes away as it had for me.

I do believe that someday in the future, a letter will hit one person too many or hit the wrong person and it will trigger a set of events that will be very unhappy for the PR department of Getty Images.

What most people who do not get educated on this subject get is that THEIR case is actually pretty small in the big scheme of things.  There is no particular reason that any single person will be target for a lawsuit vs. any other especially when the violation involved is around the 1-3 images.

MatthewC

1969
Getty Images Letter Forum / Re: ELI Website Traffic Statistics Trivia
« on: September 26, 2011, 08:33:03 PM »
This is latest update on the ELI Website Traffic Stats Trivia.

ELI set an all-time record number of unique visitors in August 2011 with 10,200+ unique visitors.

Prior months were:

July 2011 - 9,600+ unique visitors
June 2011 - 9,200+ unique visitors
May 2011 - 7,500+ unique visitors

The highest number in one day is nearly 800 unique visitors. However, most of the time, there are easily 600-700 unique visitors per day. Wednesdays are our peak days, followed by Tuesdays, then Thursdays.

Those stock photo companies keep pumping out their letters driving more traffic to us.

Matthew

1970
Getty Images Letter Forum / Re: Need help with Masterfile letter
« on: September 26, 2011, 08:24:18 PM »
There is one thing I have to say.....

You have some big kahunas to come to these forums and tell people to sue Oscar for malpractice?  And accusing him of taking people's money?  Are you freaking kidding me to do it here of all places? He and I are both friends and business partners. Do you think I would knowingly be associated with anyone who engages in fraud and scamming? Do you not think I would not get wind of this?

Are you such an idiot to not know you can't go making unsubstantiated claims without risk of some kind of response?  You do know that if we wanted to, we could track your IP address, ISP, and email address to find out your true identity?

Are you trying to provoke a fight with us?  Make a name for yourself? Stir the pot, or what?

I hate getting nasty but you are making some outrageous and personally insulting statements here.

Matthew

Sue Oscar for Malpractice. He likes to take money and never do the work! See my other post. Oscar does this to many people. If you can't do the work Oscar, don't advertise it and don't steal other people money. They have enough stress with Stock image companies. They don't need to be scammed by some slimy lawyer! Being busy is not an excuse for negligent representation and theft!


1971
I don't know what your beef with us is and why you would take a congratulatory post and twist it into something negative.

But let's set the record straight, as SG has openly acknowledged, I did reach out to SG to see if he wanted to "join" us. It was our way of thanking and recognizing his contributions to our community if he wanted it as we did with Buddhapi.

As SG as eloquently explained, he declined and no offense has been taken. There are pros and cons to "joining". I would like to think there are more benefits than negatives but I can certainly understand the position he is taking staying anonymous.  There are merits to what he is saying.  "Joining" us did not necessarily mean you have to agree with us unilaterally. The truth is there is a small degree of disagreements on small, minute issues between all of us.  However, on the "big strokes", there is agreement amongst us.

Having said all that, there is ZERO Pay in volunteering and sometimes it is a thankless job.  I cannot blame SG for wanting his independence.

As far as I am concerned if SG is happy what he is doing now, then the rest of the ELI team is happy too.  This is a community where people get to choose how much or how little they want to participate.

Matthew

It would be interesting to know whether or not SoyletGreen was offered to become part of the “defense team” just as BuddaPi.  We have been watching this website for some time.  SoylentGreen actually has provided a lot of useful information on this website. His participation is second to Oscar Michelen.

Thanks for BuddaPi for his efforts, dedication and time as well.

Matthew is getting lazy and rude too... Oscar does not even write letters he takes money for LOL..

IF YOU HAD NEVER OFFERED SOYLETGREEN TO JOIN YOUR TEAM, SHAME ON YOU!

Soylent has dedicated a lot of his time contributing to this site and has helped many people, he is an integral part of this operation pretty much.

1972
Ok..... I was warned that this thread was going to be here.  I have not checked in on these forums for a number of days and I am just now getting checking in.

It's clear I am going to have to exercise some restraint in my response but where should I freaking start??

Let's start off by the outrageous notion that we are perpetuating a scam trying to take people's money....

1. Do you honestly think we are so stupid we would leave a post like yours up for everyone to read? Also, as Oscar pointed out, do you honestly think your post would be the lone post out of the hundreds of posts in the last few months?

2. If we wanted to run a scam, don't you think we would make it EASIER for people to pay us?  Yes, there is a Paypal button for contributions and donations for those who want to show their gratitude.  (To those of you who have contributed, thank you!)  If anything, Buddhapi and I discussed that there probably ISN'T ENOUGH instructions to get on to the letter program!

3. With all the complaints about Getty Images, Masterfile, etc. don't you think that people who were supposedly scammed by us would be adding our names to all the other sites that have written complaints about the stock photo companies?

4. Do you honestly think that such a high profile attorney like Oscar would risk his professional license and livelihood over $200 letters?  Assuming we even received $100K/year as you seem to be guessing, do you honestly think that is such big money that it would be worth ruining our names over it?  Oh, let's not forget, we put our faces out for others to see?  You think we are that dumb?

Regarding Oscar's letter, yes it is somewhat systemized.  You know why?  It was the only way to service larger numbers of people for $150!  Yes, $150.  That is how much it started at 3 years ago. It was only this year that we had to increase it to $195.  And believe it or not, it takes creativity and intelligence to create a simple and inexpensive system. Also, do you know how much time to follow-up 500+ clients.  Even if it only took 10-minutes each, do the math.  That assumes the follow-up is brief and to the point.

I have read Oscar's letter and you want to know part of what it says?  Part of what it says that Oscar is personally representing the client and all communications must go through him.  So go ahead, lift that exact sentence and have another attorney or yourself use it and see if it carries any weight?  People who think that the letter itself is so "magical" and carries the power within the words itself is sadly mistaken.  Part of the power of the letter is that you have a seasoned attorney "crazy" enough to break with traditions of the legal community to represent the greater whole.  And with 500+ clients related to these letters, how many lawyers do you honestly think will have more exposure and insights than Oscar has?  And just so you know, part of the beauty is the collective power which every client benefits from.  That is why nearly no attorney is able to financially take on Getty Images.

Oh, and guess what, genius?  My response letters has been available for everyone to see. Some people have tried to adopt it with mixed results.  Am I an attorney, no?  Why is it that some people respond and can't get good results and someone else like me can even without an attorney?  It is called strategy and it is called having a spine to stand up and fight hard in a way that people take you seriously. I cannot prove it but I suspect when Getty Images looked into who I was (the man behind the letter and this website which was created from nothing), they decided to back off. What I am trying to say is the letter is only as strong and capable as the person writing it. 

You say the information on this website and discussion forum is good?  Who do you think did all the work over the last 3 years to put this community and website together?  It was a tag-team effort between Oscar and myself. We brought our different strengths together and created tremendous synergy.  Did we use ingenuity, leverage, and efficiencies to get the word out and devise a way to collect information but also to serve thousands of people?  You bet we did.

We did it because it served the greater good.  Do we ask for some nominal monies to support the cause?  You bet we do!  There are real costs of our time.  Yes, we want to help but do you think Oscar and I should sacrifice our livelihoods to help others over these letters?  If you do, then do us a favor and just leave. We aren't going to become martyrs over this. 

And some people like you only see the faults and criticize us.  Well, what are you doing to help the cause?  Have you spent hundreds of collective hours that Oscar and I have spent over the last 3 years on the forums, videos, phone discussions, reading, researching, negotiating, emailing, etc? I think not.  This may be a bold statement but I think there are very few people in the U.S. and quite possibly the world that have done as much work on defending the demand letter issue AND have impacted tens of thousands of people as we have.  The web statistics don't lie.  As of August 2011, we have a readership of 10,000+ unique visitors. And it appears, we may hit 15,000+ unique visitors per month sometime in late 2012.  That is a lot of people being educated and being served.

My fight and case with Getty Images was long over. So this website (ELI) as served its initial purpose.  I have publicly stated many times that I have contemplated shutting down this website entirely because of the negative energy and conspiracy theorists posting idiotic claims without getting all the facts.  I will be honest with you and everyone else.  It is this kind of crap that has hardened us over time.  We started out helping people and donating time and info as we could but over time, people have taken advantage of it.  In fact, one reason why Oscar gets backed up is because people continue to try to get FREE time through calls to his office and emails to his inbox.  The people who are willing to pay for the Letter Program gets backed log as well because he has to wade his way through the pile.

I frequently get interrupted in the middle of my day by people who take it upon themselves to search my phone number and call me regarding the stock photo letters.  Do you see my phone number or my personal email anywhere on this website?  No!  There is a reason for that.  But people don't care and they will call and email anyway. 

Never forget, we have the power to delete any message or user we want.  There is no freedom of speech here because this is private website and property.  You are in OUR home.  That means people should mind their manners.  We leave dumb messages like yours up to show everyone we are transparent in how we work.  We are not afraid of constructive criticism or even disagreement.  Having said that, don't expect that Oscar or I will quietly sit and let someone disparage our personal and professional reputations.  WE could have deleted your message altogether but we chose to deal with it head-on for everyone to see.

Up until a few weeks ago, it was only Oscar and I who were the public face and put together this community to literally serve thousands of people.  Honestly, time and hundreds of people has taken its toll on us.  The stock photo companies love this and I know they wish this website would shut down and go away.  It would make THEIR job much easier if letter recipients didn't get educated and have FREE resources to learn from.

Buddhapi (aka Robert K.) has agreed to provide me and Oscar some much-needed relief from the ongoing support.  And you know how much he gets paid?  ZERO! His job is to help field messages and yes, he has chosen to publicly reveal his identity as we have to better support the cause.

And regarding Oscar's representation of his clients.  Are you even aware that there is confidentiality between client and attorney?  There are some things he cannot say publicly if he knows it.  And even if he could, he isn't obligated to.  He has provided tons of free info already.  Even me, Oscar consults with me on certain issues as well as screening information.  There are things I cannot say or reveal because I am part of his legal team on specific issues.

You may not think Oscar is exceptional.  As Oscar and I tell people, feel free to represent yourself or go find another attorney.  We have no hold on anyone.  And if you think some young inexperienced lawyer is the way to go, it only shows your own ignorance and how much legal experience you have.  I am afraid to tell you that even as a non-attorney, I have probably been in the courtroom representing myself in front of judges more frequently than many young attorneys who have just graduated from school.  They may be book smart, but some couldn't argue their way out of a sandwich bag.

It is unfortunate that I had to take a strong tone in my response to you but when you start firing off your mouth with barely a clue of what is happening in the big picture, the work behind the scenes, or knowing the full story, we are not going to simply be quiet about it.

Believe it or not, there is way more happening than any individual letter.  It is only the uninformed and ignorant of letter recipients that think THEIR letter is special, unusual, and get ulcers over it. And there is work, progress, and other behind-the-scenes activity that do not appear on these very public forums.

Matthew Chan


SHAME!!!

Contrary to what Matthew or Oscar will say. This site is for profit and to make money. $50-100K a year gives $500K-1 mln in 10 yrs. Seeing others complaining that Oscar happily takes their money and never writes the letters and does not even bother to respond when people ask why their letter was never sent out is very disturbing and amounts to fraud and malpractice.

As some wrote in this forum Oscar does sit on a lot of evidence but taking $200 per letter that he never even bothers to send sounds like a good business.

Oh.. saying that $200 per letter Is a small money for Oscar compared to his salary from law practice is not an excuse for negligence and theft.

If you are in a situation with Getty or Masterfile, you are better off writing your own letter and put an offer.  Oscar uses one letter where he puts in your name .. most of his letters must look very similar and therefore lose its significance.  If you were intelligent enough to build your own website or own a business, you can write a letter yourself that will be unique and therefore more powerful. Use all the information they put in this website for their sales gimmick. The information is good. Oscar and Mathew themselves are useless if u try asking them anything. Paying them money seems wasteful.

The only good thing about this site is that it exits and people post here what they think. It will exist as long as Oscar will be receiving $200 per letter from you people. There is no goodwill etc.. etc.. so save it! Make sure you send the letters people paid you for or you will be sued for malpractice.

I cannot imagine having a problem with Getty or Masterfile, paying some Oscar money to send a letter to them and find out later that he never sent it, but happily took my money! What a SCAM! I would never recommend any one to hire Oscar to represent them.

Supposedly Oscar represented in court many Masterfile or Getty victims.. why hasn’t he ever ask them in court to show the judge how much of their revenues comes from extortion and how much from standard licensing. Oscars comes here to this forum and asks users for this information!! This would be one of the first things an intelligent defense attorney would do in court to discredit these companies. I would never hire this man. Yes, you are better off paying more to defend yourself than have someone that will not win your case and only cares about leading you through the court process just to take your money.

I’m sorry, but I don’t really see anything exceptional about Oscar, his practice or experience. I know many people who claim they have 20 years of experience in certain industries.. sitting on a chair, taking salary.. so what? You must be clever and intelligent. That is what counts.. not how many years you sit on a chair performing mediocrely. Find yourself young and smart lawyer who will actually want to put his/her heart and win instead of just taking your money.


1973
I would also like to add to this thread that for the very first time, you can "meet" BuddhaPi, the man behind the ELI Forum posts and the ELI Facebook page posts.

BuddhaPi makes his first public appearance and speaks to the ELI community for the first time in the September 16, 2011 ELI Video update.

You can watch his first interview by clicking the Free Informational Videos link found on the ELI home page.

I hope to talk BuddhaPi into making additional video appearances in future ELI updates.

Matthew

1974
SG,

I made a change to the Avatar and Images policy to allow only ELI Team members to have avatars and to post images. This is mainly to better differentiate visually the ELI team member posts vs. visitors. We have also had some issues with newer visitors post some overly colorful images (due to their anger and frustration) which takes away from the image Oscar and I are trying to portray in these forums.  Strong language is one thing but having overly colorful images takes away from what we are trying to do and often a distraction.

Instead of trying to police it and then reacting to complaints, it was simply easier to restrict it for now.  Right now only 3 of us (that I know of) have avatars. We may open it up again as time goes.

Even BuddhaPi is restricted from changing his avatar (for the time being) mainly because we want newer people to be aware that his posts and responses carry extra weight as an Official ELI Defense Team Member because he now helps to represent Oscar and I during our absence.

Buddhapi was the only other person besides Oscar and I to have an avatar because it was always intended he would have a brand-new ELI avatar. However, because we did not make a public announcement as I intended last month, his original avatar was left up simply as a placeholder.

Hope that settles the issue for now. 

Matthew

1975
I am happy to announce that the latest ELI video update recorded on September 16, 2011 has now been released! This update formally introduces and announces BuddhaPi (aka Robert Krausankas) as the latest member of the ELI Defense Team.

Go to our Home Page and find the Free Informational Videos link.

For the very first time, BuddhaPi steps out from behind the ELI Forums and ELI Facebook page to speak to our audience.

I look forward to having Robert in future video updates. Enjoy.

Matthew Chan

1976
I am happy to announce that Robert Krausankas of Florida (aka as BuddhaPi here on the forums) has graciously accepted our offer to officially join the ELI Defense Team.

Robert has been an avid and ongoing supporter of the ELI website and mission as well as Oscar and myself.  For nearly two years, Robert (as BuddhaPi) has quietly and modestly continued to soldier on answering questions, making contributions, and keeping a watchful eye on both the ELI forums and the ELI Facebook page. Robert has also demonstrated that he philosophically agrees and understands Oscar's and my approach of maintaining a professional presence and code of conduct for the ELI Team. He also understands where we stand on many of our positions to questions that repeatedly come up.

Robert is volunteering his time to ELI because of his passion for the subject and also to help ensure ELI community continues to be well supported continues forward as both Oscar and I have found ourselves with less time to maintain a forum and Facebook presence. Nevertheless, the ELI Defense Team now consists of the three of us: Oscar, Robert, and I.

I hope Robert will take the time to share some of his thoughts and ideas for the future in this thread.

Please take a moment to thank Robert for stepping up to volunteer his time to the ELI community. I am sure he would appreciate it very much.

Going forward, you will easily spot his posts because he now has a bright green avatar next to his posts.

Matthew

1977
Admittedly, I do accidentally (and sometimes intentionally) tick people off from time to time.  Grace and tact are not one of my strong suits to be sure....

Matthew

1978
Sorry for the misunderstanding. The comment was not directed at you in anyway. It was just a vent based on buddhapi's comment about Oscar getting backed up. He could have made that same comment under anyone's post and I would have vented the same way. Let me repeat, I apologize if I offended you. My side comment had NOTHING to do with your posting. I agree with you there was nothing in your post to suggest you wanted anything for free.

What I was getting at is because of the ongoing onslaught of emails and phone calls from people looking for free advice and consultation, it clogs up and delays from legitimate requests to hire such as yourself. Does that make sense? I should have expanded my comment that it was not directed at you.

As a side comment, Oscar's letter would only NOT work if Getty's legal team totally disregards professional rules of legal conduct. You could present the same letter yourself and it would carry no weight because part of the letter verbiage is to instruct Getty to forward any future communications to Oscar. It may have been used a few hundred times but I promise you, the instructions are very clear within the letter to not directly contact the client being represented.

And I don't get any business from anyone who hires Oscar. I am not part of his law firm in anyway. Whether anyone hires Oscar doesn't directly impact me. I recommend him because he is the most well-versed person in this issue that I know that would even consider taking on anyone for $195.  Admittedly, you do give up some level of personal service. It is a personal choice to pay for more more personal service or pay less for a "canned" but effective representation.

Anyhow, I am not beyond apologizing for my part in misunderstandings. I hope you will accept mine. It was done on a day where there was a wave of calls and emails. So yes, it was considered to be an irritating day for me.  :-) :)

Matthew


Quote

Matt, I'm not sure if you are having a bad day or if you are just unprofessional. I did not come here seeking "free" advice or to "bother" anyone. I WOULD HAVE been a paying customer, both for your $195 "letter" (which I'm sure, is so overused by now that it doesn't work) AND I also contacted Oscar's practice and Oscar by email for PAID help. Do you automatically assume that everyone on the Internet is looking for something for free? Stick it. I'm so glad I didn't do business with you two. I will handle this on my own with my own IP attorney even if it costs me more in the long run. You put a bad taste in my mouth. Good luck guy.

1979
It doesn't help when people continue to ask for "free" consultation and individual email replies. We are going to take a much harder stand about replying to anyone.  People need to start doing their homework.  If not, then they can simply live in fear. Or they will have to pay for time and advice.

Oscar gets a ton of people trying for "freebie" advice and it clogs up the system for the people who legitimately want to pay for his service.

Pretty soon, I am going to start hanging up on people that even mention any demand letter.  I have NOT offered my phone number up for the demand letter situation but people find me anyway.

Oscar will follow up, he's very busy with his regular practice, as well as helping us on the side. don't read to much into the "deadline", it's just another scare tactic they like to use..

1980
Getty Images Letter Forum / Re: Class Action Lawsuit Against Masterfile.
« on: August 14, 2011, 03:31:24 AM »
Oscar and I are a team of our mutual choice since the very beginning. Neither one of us has forced the other to work together. We willingly work together as a team. We have discussed the issue in private and we both feel we are stronger and can serve a much greater good working together. As it happens, we have become friends along the way.

There are certain things I can do without the burden and responsibility of being an attorney.  There are certain things Oscar can do with the privilege and title as an attorney. Yes, I am a fighter but I am more effective and have more options with Oscar than without him.

Yes, Oscar collects money to support his time and the law firm that provides resources to back him up. But make no mistake, He makes far more money working for his traditional hourly rate than these little letters. He was fine before he got involved with ELI and he will be just fine whenever ELI goes away one day.

Oscar was volunteering his time way before the letter program was ever created. In fact, it was MY idea that he create it and charge an appropriate fee. And it has been a wonderful program that has helped hundreds of people at a very economical cost.

Bottom line, Oscar is the de-facto attorney in the U.S. regarding defending against extortion letters.

Matthew


Oscar will not be the one to take down the Trolls. He does not have what it takes to do it, or does not want to, although he has the opportunity and is able to collect the evidence from multiple victims.
You, the victim, need to be showing this website with testimonials to other lawyers. One of them will be smart and willing to destroy them.

Oscar is making money from writing his letters at no stress. I don't believe Oscar wants these companies to disappear. He is making money on it just as they do. Sorry Oscar. The site was Matthew's idea. Matthew is the real fighter. Please, build the case Oscar and bring the companies down. Stop people suffering.


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