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Messages - Matthew Chan

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2056
Getty Images Letter Forum / Re: kinda off the wall question
« on: May 16, 2011, 06:21:32 PM »
By and large, the Getty front line staff take the attitude "they have heard it all before". Essentially, you have a valid argument and it is entirely upon them to prove they were damaged by what happened on your website.

So, in my eyes, you are not but I am challenging them and the whole extortion letter scheme.  Getty will say it is you are liable and it is up to you to take it up with the hackers at large.

Matthew

2057
Getty Images Letter Forum / Re: I got my Getty letter, how fun
« on: May 16, 2011, 06:17:44 PM »
There is a larger issue at play here which is now being called "copyright trolling". That is getting much more press especially on the Righthaven Lawsuits controversy.

The stock photo extortion letters are milder by comparison and generally preys upon people's legal ignorance. They are "threatening" but largely have not pulled the trigger.

Our website and cause have made inroads in the last 2.5 years because we are getting quoted by more bloggers and smaller online publications. I suspect Getty will one day target the "wrong" person and all hell will break loose. I believe it is simply a matter of time at the rate Getty and others are pumping out the letters.  We suspect that there are collectively hundreds of extortion letters going out a month with more people getting into the game.

More and more obscure names are coming out as people are reporting into our forum. The nice thing about our forum is that even the obscure letter extortionist will gain Google prominence by having their names posted here for discussion.

Believe me when I tell you there are more things going on behind the scenes than people see.

Matthew

2058
Getty Images Letter Forum / Re: Received letter from McCormack
« on: May 16, 2011, 12:42:30 AM »
If you already been charged, he won't raise the price on you. But new clients are paying $195 for now.

It is simply a matter of follow-through to find out where your case is. For the most part, he has a cookie-cutter system now (it has to be since there are easily 500+ Getty cases in 2.5 years!)

What is NOT cookie cutter is Oscar, the attorney.  There is only one of him. Even though he charges nearly $450+/hour for his New York clients, he has a large following because of his reputation. One only has to Google his name to know why.  He is involved with a lot of things besides Getty Images.

Matthew

2059
Getty Images Letter Forum / Re: Received letter from McCormack
« on: May 15, 2011, 03:14:45 PM »
Jammasta,

You are not being too demanding here. Either something slipped through the cracks or you were not notified.

It is a very tough situation for everyone the sheer volume of the letters coming out from Getty.

I am thinking of alternative ways to accommodate people.  Oscar had to raise his letter price to $195 (which is still a good deal). We have these free forums.  We have our free videos and audios. There might be other options but it would be something we would have to charge for.  We are tapped out on free services at this point.

The next time I speak to Oscar, I will kick around some ideas with him.

Matthew


2060
Getty Images Letter Forum / Re: Received letter from McCormack
« on: May 14, 2011, 03:40:56 PM »
Thank you for writing respectful requests here. In the past, we had people who were getting downright demanding.

I am not trying to be mean here but I am not going to write a long post because it has been said MANY times. The purpose of this is to get your irrational FEARS under control by getting the proper perspective.

1. Unless you simply have an outrageous case of 10 images or more, statistically speaking, you are not going to be singled out. "Escalation" only becomes meaningful if there is a lawsuit (which has not yet happened).

2. Oscar has well over 500 cases on his desk.  No offense, there is nothing special about your 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.

3. There is a serious backlog of Getty cases with and without Oscar's involvement. As I said, unless there is something just outrageous on your case, the whole system is just backlogged because Getty continues to blast out the letters by the hundreds.

I appreciate that everyone wants their case looked at by Oscar. Being a squeaky wheel helps, but I am going to have to tell you that saying you are FEARFUL, WORRIED, getting an ULCER, etc. tells me you still don't understand the big picture and it will NOT speed things up or get you much sympathy because so many people are in the same boat. Be concerned and be responsible is fine but don't be irrational about this.

I am not trying to defend Oscar's delays but EVERYONE needs to get a reality check. Be persistent in trying to contact Oscar but GET YOUR EMOTIONS under control! You are doing no one, including yourself, any good by acting panicky.  It only plays into the extortionist letter scheme.  They EXPECT you to be so fearful, you will cave in and pay their outrageous fees.

That is why I keep telling people to GET EDUCATED on the issue. This is why I don't take any phone calls regarding this issue. Unfortunately, due to the huge volume of letters being pumped out by Getty, I would get very little done if I did.

I have left a message for Oscar so I am certain he knows he has many people to get back to.

Matthew

2061
It appears to be a parody although there are some lawyers the come close to this.  ;)

At the bottom, the copyright is by American Movie Classics Company.

2062
That was a well-written reply. I think you did good in acknowledging their letter, explaining yourself, and removing the image.  And more importantly, you put them on notice that Oscar will be involved.  That will give them pause until Oscar can formally contact them.

Good job.

Matthew

2063
The short, easy answer is to hire Oscar if you want to make it easy.

But if you want to save yourself some money, you need to get educated on the relevant issues.  That is not something we can explain in 3 sentences.  The advice we have given about Getty Images also applies to most other extortion letters.

We have this discussion forum and the free videos/audios in our Free subscriber area as your resource.

Matthew


My Client just received one of these letters. Any advice on what to do?

Eric

2064
SG,

It is certainly a very humorous resume. I wonder how other lawyers will regard his stellar resume.

When I got wind of Brandon Sand and did some digging, I just had to share it.

Matthew

Matt, this is hilarious.

That resume!!  A failed music career?  Why not try IP law?
Hilarious.

S.G.



2065
Getty Images Letter Forum / Re: Someone says this new forum "blows"
« on: May 12, 2011, 03:53:11 PM »
JPicker,

Thanks.  You will be happy to know that I will be increasing the size of the font a bit.  The problem is I haven't figured out to change one area without affecting other areas yet.

I have a fairly big screen on my desk so I understand what people are saying in terms of viewing. My general guideline for sizing fonts is what font size are the news sites like CNN and MSNBC using?  They serve millions of readers and have a good pulse on what an appropriate size is for the most amount of people.

Matthew

2066
Getty Images Letter Forum / Re: Someone says this new forum "blows"
« on: May 12, 2011, 01:33:08 PM »
Bob & SDP,

To be fair, I do think the fonts are a bit on the smaller side so I will tweak that a bit when I get some time.  But the problem today is we have people running around working on a 4-inch screen on the smartphones to people having 27-inch monitors.  This site displays differently on those range of viewing devices.

I also agree that with any large change, it is a bit shocking. I would have personally replied to the person who sent me the email but he/she anonymized the email. Regarding posting traffic, even if no one was allowed or able to post anymore, there is still a goldmine of information here of all kinds of cases and scenarios.

As a side note, one of the "downsides" I have discovered is that I am realizing how much spam forum attacks are coming from Russia and China. And so, yes, I started outright banning known spamming email addresses and IP addresses which is something I could not easily do before.

Oh and Bob, don't think I didn't notice you signing your full name! That makes 3 of us using our full names in public!  ;)

2067
Getty Images Letter Forum / Someone says this new forum "blows"
« on: May 11, 2011, 03:19:38 AM »
This is an anonymous email that was sent to me yesterday. This person is unhappy with the upgraded discussion forum. As with any big change, there is always someone unhappy. I can respect that but what I can't respect is someone who makes an insulting statement anonymously. Take a read at what was sent to me and tell me how I should respond...

Just wanted to tell you that I think your so-called new and improved site blows, and so do a lot of others judging by the complete lack of posting activity on it since unveiled. It's cumbersome, tedious, and just plain hard to read. Just thought you should know. You've taken something that was not broke, and gone and "fixed it". Remember "New Coke". Please consider restoring the old site and format. Thank you.

I can accept constructive criticism and suggestions but broad comments that say "it sucks", "it blows", etc. will not inspire or motivate anyone (especially me) when I am the guy being insulted.  But having said that, I do want to acknowledge the many positive and thank you emails, posts, and Paypal contributions.

Let me be clear, I know this is an ugly website. Oscar and I are amazed about how this ugly website seems so important to so many people. It's ugly because I just don't want to put in a lot of time and resources on cosmetics but I do care about functionality and automation.  I acknowledge that this website can be better on so many levels on so many fronts.  But this website is only a part-time endeavor and certainly not a "core business" to Oscar or I.

But what is absolutely important if Oscar and I are to continue to be involved is that there are features we need and want to be effective.  These are the major reasons why the upgrade was done.

1. So many people post anonymously. That is fine but we wanted backend tools to track IP addresses, monitor traffic, posts, notifications, etc. No one is being forced to reveal their identity but participants are being tracked so there is no spam or abusive comments. And if something happens, we can do something about it.

2. Facebook and Twitter isn't going away. We needed a discussion forum that allowed some interactivity with social media.

3.  I am not a programmer. That means I need to work with software that is still being developed and being improved upon, not one that is going stagnant where I have to beg for latest features. When I started up the forum nearly 3 years ago, it was an impulse decision that was meant to be "temporary".  There wasn't supposed to be a long future to this website or forum. It was never supposed to go much past the point of a year or two and I never imagined that traffic and readership would continue to accelerate.

4.  We wanted to preserve the existing database of posts. The initial plan was to archive the old forum and posts database. It would have given us more freedom of choice in software but it would have been dramatically disruptive to have one old forum sitting around and a brand-new one starting from scratch.

5.  The forums had to be Google and search engine friendly.

6.  Waiting to upgrade and update even longer makes the problem even worse because there are even more users and more posts to convert.

7. We wanted better notification features where you can be notified on new posts of an entire forum or an individual post.  We also wanted users to do more with their accounts than what they could do before.

Anyhow, those are the high points.

I know the font is a bit small and I am working on correcting and improving the readability.  But short of catastrophic software collapse and failure, we aren't going back.

Incidentally, Oscar isn't posting much at the moment because he has been extremely busy with his cases at his law firm in New York. The next priority is his dealing with the clients who hired him for his letter services.  And if he has any leftover time, he will try to respond to posts here.  WE make no promises to read or respond but we do what we can with the time we have.

In the meantime, if you have specific and constructive suggestions and comments to help improve the forums and website, I welcome them.  But don't tell us, "it sucks" or "it blows" or to "go back".  That isn't helpful.

Matthew Chan

2068
If they could get anywhere close to $150K per image, they would not be "settling" with you and they would have already done it. You did the right thing in contacting Oscar.

Matthew

2069
I have not heard of them before but I did a Google search on them.

http://imualaw.com/about/

I would very much like to see a copy of their letter. If you don't mind doing so, you can fax it to 888-696-3441.

Matthew Chan

2070
VA,

Be aware that you need your client's cooperation in this as they received the letter and the ones Getty Images will pursue regardless of your intent. And so you can pay Oscar's fee for you clients but he would technically be representing them. Oscar shouldn't have a problem dealing with you but you can't force Oscar's services onto your client even if you are willing to pay for it.

Just something to consider...

Matthew

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