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Messages - Matthew Chan

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2041
That is a legitimate question. In fact, in the Righthaven lawsuits, Righthaven was forced to reveal their underlying contract and financial arrangement to the judge because there was some question of the legitimacy of the lawsuit. Getty et al. will likely face the same questions if they decide to pull the lawsuit trigger.

Matthew

2042
I believe the final disposition varies from case to case but if there was a settlement made usually there is a confidentiality clause to not speak about it. Some may simply go unresolved and pending.

I know that is a vague answer but I believe the final disposition varies.

Matthew

2043
Getty Images Letter Forum / Re: Future Getty Tactic?
« on: May 21, 2011, 05:49:33 PM »
Yes, it is possible that it can come back to haunt you. But I would not worry about it until if something happens. For now, it sounds like you are fine.

Matthew

2044
You can sue anyone for any reason. The question is whether the case would stand up in court and if you can win it.

If you want to be successful in a lawsuit, you will have to build up a case so that you had a fighting chance to have it taken seriously and ultimately win.

Matthew

2045
Getty Images Letter Forum / Re: Masterfile asking for +$9,000!!!
« on: May 21, 2011, 03:06:57 AM »
SG,

I cannot confirm this but I have heard rumblings that Masterfile and other smaller stock photo sites specifically depend on their extortion letter program to generate the majority of their revenues to stay alive. It will be interesting to dig into a financial statement especially if it is a public company. Public companies typically reveal such major components of where their money comes from and also their losses.

Anyone want to help dig through the Internet and look for public financial statements that might be posted?  If it is a privately owned company, you probably won't find it.  But a big public company like Getty and the like might make some mention of it.

Matthew

2046
I haven't done a good job posting new links on Righthaven here. I have mostly done it on the Facebook feeds. So thanks for the help.

As I have been saying, people involved with any of the Stock Photo extortion letters need to follow the Righthaven cases. In many ways, it should empower the letter recipient.  A lawsuit can actually be detrimental for the party suing if the privilege is abused.

And there is no doubt that Righthaven and Stephens Media are trying to game the legal system and copyright laws.

Matthew

2047
This post by SoylentGreen was accidentally deleted. I have reposted it to correct that error.
=================================================================

Thanks very much Matthew, for your succinct post.

Most everyone understands the importance of copyright and that creative people should be paid for their work.
However, the use of blatant lies, deception and intimidation by stock image businesses and their counsel has to stop.

It's common knowledge that an entity can get compensation if another party has wronged them.
But, if any facts are being fabricated, or misrepresented in order to get compensation (or to inflate  compensation), then there's a big problem.

There has been no court judgment against forum participant 'studiomprod'.
Therefore he or she owes nothing to Getty.  The $600 offer was in fact, quite generous.

Those of Getty, Masterfile, Riddick, even McCormack; we know who you are.
You do not want to be sitting at the supper table wondering if the knock at the door is in fact the water heater salesman, or actually a reporter from CBS.

Nothing sucks more than having to look over your shoulder when you're putting out the garbage.

S.G.

2048
You should understand the power structure that McCormack will not do anything they are not empowered or authorized to do by Getty Images (McCormack's clients). Ultimately, they are an extension of the Getty Images corporate counsel department and the management of the license compliance department. Remember, there are names of people who make this happen. They try to distance themselves from this issue and not publicize their names because of the increasing hostility and unhappiness they cause from the letter recipients. There would certainly be career repercussions. After all, who wants their job title to be "extortionist" or "copyright troll"?

I suspect Getty Images retained McCormack to get involved as an additional layer of escalation and intimidation factor. I also suspect the financial arrangement is McCormack keeps a percentage of whatever they collect for Getty Images. Having said that, I believe McCormack law firm isn't stupid.  They know they are in a high profile and visibility situation. The cost of them losing even one case is HUGE because word travels fast on the Internet.

If Getty Images pulls that lawsuit trigger, I am quite confident EFF will be the next call who will likely team up with Oscar. Thanks to Righthaven Lawsuits, I know that EFF has little stomach for copyright trolls and legalized extortion which is EXACTLY what McCormack is now participating in.  McCormack has not yet become Righthaven's Steve Gibson who is receiving all kinds of hate from the world at large.

I wonder if they are prepared for the personal hate the entire law firm and the employees would endure. Similar to the Righthaven Lawsuit situation, I would bet my personal reputation that a virtual army would rise to marshal the forces of media, dirt-digging, personal investigations, venomous email and Google scarring if they pulled the lawsuit trigger.

For every single Getty Images employee and McCormack employee, it would never be the same again. They would have to go change their name if they ever changed their jobs.

This is part of understanding the big picture and combating the extortion letters.

Matthew

2049
No, it wasn't you specifically.  Just a general statement to everyone waiting for Oscar to get back to everyone. I did speak to him a couple of days a go and he promised to catch up and get back to everyone.

Ah, I just read the new sticky post. I hope that I haven't become one of the problems...I really would like to pay Oscar for his services, I don't want to take up too much of his time.  I'm just not sure how to go about doing that.  If all I need to do is to mail out a check or wire funds, I'd be happy to do so.  I apologize if I'm cluttering things up or muddying the waters.  :(

Take care,

--Sherri

2050
Basically, they are begging for money and begging for your cooperation.

They hope people have business insurance so they can try to get money that way. Most smaller businesses don't have it unless they have some kind of storefront.

Matthew

2051
What are they saying and what are they asking for?

Matthew

2052
Oscar and I recorded this episode 2 weeks ago where we discussed the Righthaven Lawsuits Controversy.




2053
Getty Images Letter Forum / Re: Getty Images Acquires PicScout
« on: May 18, 2011, 12:42:20 AM »
SG,

Wow, this is seriously big news and definitely going to be interesting to watch. We will likely do a video on this at some point.

Thanks for catching this here! Kudos!

Matthew

2054
Everyone, please read this post I wrote for everyone going forward.

http://www.extortionletterinfo.com/forum/index.php/topic,2068.0.html

2055
I am "borrowing" from a post I made a few days earlier and making this visible for everyone to read. The truth is, the repetition and the irrational fear people are having is getting a bit out of control.  So I just want to update one "master post" that everyone can refer and point to. I am not trying to be mean or uncaring but I am trying to create some order in what seems to be emotional chaos on the forums.

First, I understand everyone's frustration and concern regarding the Getty Images letters. I been there and done that.

This is the current reality regardless of what your personal feelings are. You are being informed as best as I can given this FREE service. You can either take it from someone has lived this for nearly 4 years or you can listen to your irrational emotions or someone who is uneducated in the matter.

1. Unless you simply have an outrageous case of 10+ images or you have gone out of your way to stand out, statistically speaking, you are NOT going to be singled out for any lawsuits. Threats are not the same as a lawsuit. And if lawsuits do come, start researching "Righthaven Lawsuits" and you can see what Getty Images can expect to experience if they pull that trigger.

2. Oscar has well over 500+ cases on his desk.  No offense, there is nothing special about your particular case that would make your case go to the very top and a lawsuit filed. If any lawsuits are going to be filed, it will likely be the older ones first. Remember, you are only one of 500+ cases! That is less than 1/5th of a percent.

3. There is a serious backlog of Getty cases both with and without Oscar's involvement. As I said, unless there is something just outrageous with your case, the whole system is just backlogged because Getty continues to blast out extortion letters by the hundreds. Most of the deadlines are arbitrary and designed to increase your anxiety factor.

4. Everyone should know that the Defense Letter Program will ALWAYS have secondary priority to his primary litigation cases in his home state of New York. If you find that unacceptable, you can hire someone else.

5.  Too many people are trying to directly email or call Oscar or me trying to consult "for free". The problem has grown worse. Everyone gets a blanket answer to post their issue on the forum or we simply ignore the messages. We should only be receiving emails from paying clients or ELI Support Contributors.  Everyone else is trying to cheat their way in or cut in line. The "free stuff" is all over this website. 

6. There are some people who want to "interview Oscar first" or "check him out". We will flat out say if all the hours of FREE audio and videos produced and the thousands of words he has written on the subject on the Internet is not qualification enough, then don't bother hiring Oscar.  He really doesn't need your business because his time is so scarce.  Go find another attorney and see if anyone else has the experience of 500+ active cases and willing to work for you for $195.

7. If you are too lazy to get educated on the issues, you will get little sympathy and little support.  We have literally had thousands of readers come through with many of them asking the same questions on the same issues.  Paying Oscar $195 is not a free pass for staying ignorant on the issues or absolve you from bringing yourself up to speed with the free audios, videos, and reading these forums.  You are only paying for the Letter and the minimal legal representation that goes with it. 

8. We will not allow these forums to get overrun with people overtly getting irrational or hysterical where they say they are FEARFUL, WORRIED, getting an ULCER, etc. All it tells us is that you still don't understand the issues.  You will NOT speed things up or get much sympathy because so many people are in the same boat. Remember, chances are there is nothing special about your one case.  Being concerned and being responsible is fine but don't be irrational.

9. We currently allow some latitude on the forums to vent/communicate your messages about trying to reach Oscar. But we have been upfront that hiring him you will have to be patient. These forums were designed for discussions and information exchange of extortion letters, not service-related issues. You will have to resort to email, phone, and fax but not these forums.

10. We now have an ELI Phone Support Call Option where you can speak with me for 30-minutes. It is a fast-paced, no-nonsense, and meat-and-potatoes conversation customized to your situation. You will get absolute clarity at the end of the conversation.

http://www.extortionletterinfo.com/eli-phone-support-call-with-matthew-chan/


Sorry for the tough tone in this post. We had no choice. Without some order and rules in place there would be chaos and we would have to shut down everything out of sheer frustration.  And then everyone loses and Getty Images and the stock photo companies win in a big way. Make no mistake, nothing would make them happier than if we shut down this website.  Their extortion collection rates would go up dramatically. We are trying to find a fair and diplomatic way to accommodate everyone from people who want "free" to those who are willing to pay for additional help and advisory or legal services.

Matthew Chan

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