Messages

2071

Getty Images Letter Forum / Re: My letter Experience

« on: April 25, 2012, 07:42:59 PM »

I agree with Matt's sentiments, most people could care less until they are forced to get involved. I tell every new potential client about the pitfalls of stock photo's and I can clearly tell by their demeanor, they could care less, and have even had several state they would take their chances. I've gone so far as to include in my contract a section about copyright and a hold harmless blurb, so they can't come back at me for any reason..

2072

UK Getty Images Letter Forum / Re: Will Getty eventually go away?

« on: April 25, 2012, 11:56:37 AM »

I'm not up to speed on UK law, but will make a couple of points..

You state "I have never ignored letters like this before..." yet you also state..

"I decided to remove the contents of the website entirely to avoid any further disputes and ignored Getty's letter." and you further this with... "and it is my plan to continue to ignore these threats" a bit inconsistent, when you clearly made the decision to ignore all of the letter from the onset. To answer your question, no they are not going to go away, as they want your money. There is some information and opinions to just ignore the letter and wait it out, I however do not take that stance, but regardless if you ignore it or not they won't just go away. If the images were not on your site in the first place, then you should have addressed it as such in the first place and they may have let it go, but since it was ignored, there is some guilt implied, which just feeds their fire. I would look into the statute of limitation in the UK and see where you stand, here in the states it is 3 years, after which time you can politely bring this to their attention, and they they will go away..

2073

Getty Images Letter Forum / Re: NY Appellate Court Says: The term "Extortionist" is NOT Defamatory

« on: April 24, 2012, 08:30:24 PM »

I can't help but wonder what Peter Holt, Brandon Sand, Timothy McCormack, Julie Madonell Stewart, the "Photo Attorney" Carolyn Wright, Glen Carner from Hawaiian Art Network, and rest of the copyright infringement trolls that have been known to practice these extortion tactics feel about this?

2074

Legal Controversies Forum / How Pinterest Spammers Hurt This Small Business Owner

« on: April 23, 2012, 04:51:18 PM »

But when Michelle DiFilippo-Espinoza began using Pinterest to support her one-person jewelry company, business actually suffered. Pinterest spammers stole and repurposed images of her products to promote scams and computer viruses.

http://mashable.com/2012/04/23/pinterest-spammer-small-business/

2075

Getty Images Letter Forum / Re: Got My Getty Letter - Thank You For This Site

« on: April 21, 2012, 12:27:02 PM »

There is no way, this would affect your credit ratings, if NCS were to continue harassing anybody, they would be in deep shit. As far as multiple letters, I would hope that anyone that recieved the first letter would be pro-active, in removing / replacing any other images that may be questionable. I would also guess that Getty would send all infringements at once, but that doesn't mean that one may get a Getty demand letter, and maybe a second letter from another stock agency like Masterfile.

2076

Getty Images Letter Forum / Re: Got My Getty Letter - Thank You For This Site

« on: April 21, 2012, 08:00:11 AM »

Getty to this date have not filed over 1 image...Looks like round 2 is about to start.. I'll jump the gun and give you the outcome.

1.they will reject this offer
2. they will claim this is a rights managed images, thus it is "worth" more.
3. they will not supply you the info requested. They will only show you this in court.
4. will probably throw out another dead line and will threaten to escalate it to their legal dept.

2077

Getty Images Letter Forum / Re: Ted talk on patent troll

« on: April 21, 2012, 07:53:07 AM »

Unfortunately not to be so in my case. McCormack is my favorite ass-hat.

I'll have you know I have filed a trademark for the term "AssHat",and I make take up trolling to increase my overall revenue! 

2078

Getty Images Letter Forum / Re: Got My Getty Letter - Thank You For This Site

« on: April 20, 2012, 06:46:09 AM »

Pretty typical scenario, welcome the the Getty Images Merry Go Round! Naturally they want to keep this "confidential" as they don't want the public to know that they just pull amount numbers from a hat.
While the image in question may have been residing in a "public" folder, doesn't mean much, and I can see how folks could get tripped up with this. The site you got the image from may very well have purchased a license to use this image, but perhaps, they got it from google or maybe even another site or blog that has it. It's a vicious cycle. I can only guess they did not offer to answer any of your questions, regarding pricing, artist info, copyright registration info??

2079

Getty Images Letter Forum / Re: My Response Letter

« on: April 19, 2012, 11:21:00 AM »

I would not send this letter as it is, I think you need to do more homework, you might start by looking at this thread:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/got-the-letter-a-question-and-my-plan/

You don't want to admit guilt in any fashion, there are several posts regarding writing letters that are to your advantage and not theirs, you need to fight this on YOUR terms, not theirs.. And getting into "discussions" with them will be fruitless and frustrating, bottom line they want YOUR money, and are not open to discussion for the most part..

2080

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

« on: April 17, 2012, 11:11:29 AM »

There are some ideas in the works, but first the default judgement has to be reversed.

2081

Righthaven Lawsuits Forum / Righthaven hit with second marshals writ for seizure of assets

« on: April 16, 2012, 07:29:03 PM »

as Vegas copyright lawsuit filer Righthaven LLC may be broke, but that’s not stopping defense attorneys from trying to seize any assets it may have.

A judge in Denver on Friday signed a writ of execution requested by defense attorneys and requiring the U.S. Marshals Service to seize Righthaven’s bank accounts, property and intellectual property rights.

The property is to be seized for the benefit of Righthaven creditor Leland Wolf of the It Makes Sense Blog, who defeated Righthaven in one of Righthaven’s copyright lawsuits.

Wolf’s attorneys know Righthaven is claiming to no longer have any cash or assets after a series of courtroom defeats sustained by the copyright holding company.

http://www.vegasinc.com/news/2012/apr/16/righthaven-hit-second-marshals-writ/

2082

Hawaiian Letters & Lawsuits Forum / Hawaiian Art Network LLC v. Aloha Plastic Surgery update

« on: April 16, 2012, 06:18:44 PM »

Defendants Aloha Plastic Surgery have filed a motion to set aside the default judgment, that was set awhile back. This motion was filed on 3/27/12 and a hearing for this motion is set for 5/14/12. Of interest in this motion is the following:

“Defendant has meritorious defenses against Plaintiffs and intends to assert, among other defenses, the defense of entrapment, enticement, honeypotting, lack of copyright registration or fatally defective copyright registration, fraud, estoppels, illegality, consent, waiver, release, abandonment, acquiescence, recession, abrogation, accord and satisfaction, license, implied license, set-off or off-set, unconscionability, mistake, copyright misuse, unclean hands, that plaintiffs abandoned any copyright inhering in the subject photographs and/or that the subject photographs are in the public domain, fair use and/or de minimus infringement, innocent intent, that such injuries or damages were proximately caused by acts or omissions of Plaintiffs and /or its affiliates or others outside the control of Defendants, and not be the acts or omissions of Defendants, lack of standing, laches, and failure to mitigate.
I will be keeping an eye on this as it proceeds, and hope to have the entire document uploaded to our library..

2083

Legal Controversies Forum / Teller of Penn & Teller Breaks Silence To Sue Over Magic Trick

« on: April 16, 2012, 12:27:54 PM »

The defendant is a guy who performed a similar trick on YouTube and offered to reveal the secrets for a price. The video was removed after Teller sent a takedown notice.

http://www.hollywoodreporter.com/thr-esq/penn-teller-lawsuit-reveal-secrets-youtube-312296

2084

Hawaiian Letters & Lawsuits Forum / Re: HAN v Moku'Aina Properties LLC

« on: April 15, 2012, 10:19:47 AM »

there are also some new item regarding aloha plastic surgery and HAN, will try to go thru the docs this week.

2085

Hawaiian Letters & Lawsuits Forum / HAN v Moku'Aina Properties LLC

« on: April 14, 2012, 05:43:44 PM »

STIPULATION TO DISMISS ALL PARTIES
AND ALL CLAIMS WITH PREJUDICE AND ORDER
IT IS HEREBY STIPULATED by and between the parties, through their
respective counsel, that the following claims in this action are dismissed with
prejudice, with each party to bear his or its own attorneys’ fees and costs.
This stipulation for dismissal with prejudice is made pursuant to Rule
41(A)(1)(ii) of the Federal Rules of Civil Procedure and has been signed by the
respective counsel for each party who has made an appearance in this action. No Doe
defendants have been identified. There are no other remaining parties and/or issues.
DATED: Honolulu, Hawaii, March 16, 2012.