2086
Getty Images Letter Forum / Re: The Internet is a Public Place, is it not?
« on: April 19, 2011, 12:00:19 AM »
We all just learned another legal concept today from you. Yay!
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2087
Getty Images Letter Forum / Re: The Internet is a Public Place, is it not?
« on: April 18, 2011, 04:43:47 PM »
There is a reason why we have judges and a court system despite the fact there are "hard-coded" laws. Laws are meant for guidelines of operation, not life-death decision-making.
For example, there are still all kinds of laws regarding performing certain sex acts in many states. But as a practical matter, almost no one is going around to enforce those laws. They may be law but most people disregard it because of its ridiculousness in this day and age.
Same thing with the 5 or 6 figure statutory damages. It is there "just in case". But if a case gets in front of a judge, he/she will evaluate the entire situation. Intent, malice, and willfulness will have influence on any ruling.
If it was sure-fire for companies to win 5 to 6 figure damages, there would be may more lawsuits. Common sense often prevails in court.
Not everything can be or should be legislated so tightly in my view. Only the most egregious stuff should be.
For example, there are still all kinds of laws regarding performing certain sex acts in many states. But as a practical matter, almost no one is going around to enforce those laws. They may be law but most people disregard it because of its ridiculousness in this day and age.
Same thing with the 5 or 6 figure statutory damages. It is there "just in case". But if a case gets in front of a judge, he/she will evaluate the entire situation. Intent, malice, and willfulness will have influence on any ruling.
If it was sure-fire for companies to win 5 to 6 figure damages, there would be may more lawsuits. Common sense often prevails in court.
Not everything can be or should be legislated so tightly in my view. Only the most egregious stuff should be.
2088
Getty Images Letter Forum / Re: copyright litigation strategic opportunities
« on: April 17, 2011, 04:31:34 PM »
I do agree with you. The "copyright litigation strategic opportunities" is particularly interesting. I didn't read it in detail but I did scan through it.
2089
Getty Images Letter Forum / Re: Righthaven Cases...
« on: April 17, 2011, 04:28:08 PM »
ELI is still a niche site and the Getty Images controversy is still contained because they have not YET pulled the trigger in a big way. However, if they decide to pull that trigger and start filing suit, I suspect EFF will jump in and get involved thanks to the Righthaven controversy.
In fact, I believe EFF and many of the people involved with fighting Righthaven are calling them Copyright Trolls.
Well, guess what? As far as I am concerned, the stock photo industry are behaving like Copyright Trolls.
Matthew
In fact, I believe EFF and many of the people involved with fighting Righthaven are calling them Copyright Trolls.
Well, guess what? As far as I am concerned, the stock photo industry are behaving like Copyright Trolls.
Matthew
2090
Getty Images Letter Forum / Google Movie Teaser for ExtortionLetterInfo.com
« on: April 17, 2011, 05:26:51 AM »
Enjoy this short dramatic video.
2091
Getty Images Letter Forum / Re: Maverick v. Harper and et... RIAA cases? Apply here?
« on: April 17, 2011, 12:14:29 AM »
Most people know, even teenagers, that commercial music is NOT free. Music files are far larger and require greater effort to download. It is very difficult to "accidentally" download a song because of its size and how difficult it is to find. You actually have to download peer-sharing software to have access. That is very much an intentional act. Then to search out the music and then download. Very hard to demonstrate innocence here.
Photos on the other hand are all over and come from all different sources including private individuals (most are freely shared here). People in the entertainment industry don't generally make a fuss when private hobbyists devote websites to their favorite shows, stars, etc. because it is free publicity and marketing. Most businesses also don't fuss too much when others show or spotlight their products/services with photos either. In fact, many encourage it. Photos are clearly in all search engines and a right-click away from being on your computer.
To me, music vs. stock photos are quite a bit different to show innocence.
Matthew
Photos on the other hand are all over and come from all different sources including private individuals (most are freely shared here). People in the entertainment industry don't generally make a fuss when private hobbyists devote websites to their favorite shows, stars, etc. because it is free publicity and marketing. Most businesses also don't fuss too much when others show or spotlight their products/services with photos either. In fact, many encourage it. Photos are clearly in all search engines and a right-click away from being on your computer.
To me, music vs. stock photos are quite a bit different to show innocence.
Matthew
2092
Getty Images Letter Forum / Re: Righthaven Cases...
« on: April 17, 2011, 12:06:42 AM »
Parker,
I think you found a goldmine of info and uncovered something significant. I have not read the complaints and controversy in detail but I do think the Righthaven controversy is very much analogous to the Getty Images controversy.
Not that I would want to inject myself into the Righthaven controversy but there certainly seems like a LOT of website coverage.
Good find. A Google search on "Righthaven" reveals a lot of info.
In fact, I think your discovering Righthaven is so significant, I think some of the information and arguments on that side can be applied to the Getty Images Controversy.
http://paidcontent.org/article/419-colorado-judge-is-seething-at-righthavenand-hes-handling-all-their-case/
This is a major contribution to the Getty Images community. It would seem Righthaven has opened a path in the litigation department that Getty Images might want to be careful to follow.
Matthew
I think you found a goldmine of info and uncovered something significant. I have not read the complaints and controversy in detail but I do think the Righthaven controversy is very much analogous to the Getty Images controversy.
Not that I would want to inject myself into the Righthaven controversy but there certainly seems like a LOT of website coverage.
Good find. A Google search on "Righthaven" reveals a lot of info.
In fact, I think your discovering Righthaven is so significant, I think some of the information and arguments on that side can be applied to the Getty Images Controversy.
http://paidcontent.org/article/419-colorado-judge-is-seething-at-righthavenand-hes-handling-all-their-case/
This is a major contribution to the Getty Images community. It would seem Righthaven has opened a path in the litigation department that Getty Images might want to be careful to follow.
Matthew
2093
Getty Images Letter Forum / Re: Unfavorable Court Rulings ?? Getty ??
« on: April 15, 2011, 08:34:19 PM »
Given that Oscar alone has nearly 600 cases and there have been thousands (perhaps tens of thousands) of letters sent over the years with little sign of court action, STATISTICALLY speaking, most people don't even have a 1% chance of getting sued by Getty. Not even half a percent, really.
Even if Getty went out to sue 100 people tomorrow, STATISTICALLY speaking, you still have a less than 1% chance of getting sued because so many letters have gone out. However, if you are one of those 100 people, it then becomes a 100% chance!
I am not giving advice what to do but to provide an alternative perspective on where any one person/case stands in the big sea of SDLs! (settlement demand letters)
Matthew
Even if Getty went out to sue 100 people tomorrow, STATISTICALLY speaking, you still have a less than 1% chance of getting sued because so many letters have gone out. However, if you are one of those 100 people, it then becomes a 100% chance!
I am not giving advice what to do but to provide an alternative perspective on where any one person/case stands in the big sea of SDLs! (settlement demand letters)
Matthew
2094
Getty Images Letter Forum / Re: anyone countersued Getty for damages to your own business?
« on: April 15, 2011, 08:27:44 PM »
The easy way to not pay anything in the U.S. is to simply be poor or live in the underground economy. No credit, no assets, no reputation, no job.
I find living transparently and trying to do the right thing generally works well. However, in the absence of that, having a tough backbone and being a tough fighter goes a long way too! People inherently know who NOT to screw with.
Because I don't have law credentials like Oscar does who can work magic with the legal system, I fight back in very different and unpredictable ways. I remember a commanding police officer was so impressed with my defense display during a speeding ticket hearing, he offered to drop the entire case on behalf of the officer under his command if he could have my display. I asked why he wanted it. He said he wanted to use it as a teaching instrument for the officers under his command! He didn't say it but I think they also didn't want to be embarrassed by the big presentation I was going to make to the judge for the entire courtroom of people to see.
Over the years, I have cultivated a reputation as person not to piss off. I tell people I am a big believer in personal revenge, payback, "eye for an eye", and having a long memory even if it hurts myself sometimes. People usually get the message.
We all have to choose how we stand up for ourselves in life.
I have a few friends that give me a lot more loving attention when their rear ends get into a pickle. I have a reputation for cutting through the bull and getting some results. :-)
Matthew
I find living transparently and trying to do the right thing generally works well. However, in the absence of that, having a tough backbone and being a tough fighter goes a long way too! People inherently know who NOT to screw with.
Because I don't have law credentials like Oscar does who can work magic with the legal system, I fight back in very different and unpredictable ways. I remember a commanding police officer was so impressed with my defense display during a speeding ticket hearing, he offered to drop the entire case on behalf of the officer under his command if he could have my display. I asked why he wanted it. He said he wanted to use it as a teaching instrument for the officers under his command! He didn't say it but I think they also didn't want to be embarrassed by the big presentation I was going to make to the judge for the entire courtroom of people to see.
Over the years, I have cultivated a reputation as person not to piss off. I tell people I am a big believer in personal revenge, payback, "eye for an eye", and having a long memory even if it hurts myself sometimes. People usually get the message.
We all have to choose how we stand up for ourselves in life.
I have a few friends that give me a lot more loving attention when their rear ends get into a pickle. I have a reputation for cutting through the bull and getting some results. :-)
Matthew
2095
Getty Images Letter Forum / Re: Something to think about - Online Photo Editing
« on: April 15, 2011, 08:13:27 PM »
There is no question that legislation is way behind current events. And the problem will only get worse as technology advances quicker and the way people use it in more creative ways. There will continually be new issues cropping up.
Matthew
Matthew
2096
Getty Images Letter Forum / Re: Unfavorable Court Rulings ?? Getty ??
« on: April 15, 2011, 08:11:30 PM »
Yes, it is worth negotiating it down. $500 is NOT a good deal. I got that deal on my 2nd letter and this was nearly 3 years ago. Although, the girl working my case probably figured out I wasn't the average letter recipient. She dropped it very quickly on me. I still thought it was a crappy deal. I had a different number in mind.
Matthew
Matthew
2097
Getty Images Letter Forum / Re: Let the Fear & Paranoia, Fire & Brimstone Begin!
« on: April 15, 2011, 08:08:24 PM »
Sundog,
I think you are being quite honorable and proactive in your approach. While I can understand the anger within your client, I cannot understand why he would not want to take advantage of your willingness to pay $195 so that he doesn't get aggravated anymore or why he would not want to work with you given your willingness to accept some responsibility to help out.
If my graphics designer did what you had done and step up to help his situation, I would have been so happy.
This is my feeling..... if I made a mistake and I do my best to try to make things right, you can either accept it or reject it. If you decided to reject it, that is ok but don't come crying to me later that I didn't try to make things right.
Your client is being a baby about this. Him throwing a tantrum, sulking, and NOT working with you to resolve any potential situation will reflect badly upon him.
Matthew
I think you are being quite honorable and proactive in your approach. While I can understand the anger within your client, I cannot understand why he would not want to take advantage of your willingness to pay $195 so that he doesn't get aggravated anymore or why he would not want to work with you given your willingness to accept some responsibility to help out.
If my graphics designer did what you had done and step up to help his situation, I would have been so happy.
This is my feeling..... if I made a mistake and I do my best to try to make things right, you can either accept it or reject it. If you decided to reject it, that is ok but don't come crying to me later that I didn't try to make things right.
Your client is being a baby about this. Him throwing a tantrum, sulking, and NOT working with you to resolve any potential situation will reflect badly upon him.
Matthew
2098
Getty Images Letter Forum / Re: Unfavorable Court Rulings ?? Getty ??
« on: April 15, 2011, 06:34:52 PM »
Although seemingly bad news, there is some good news in this article. The stock photo companies are running around trying to tell people they could lose big like get a this huge award plus legal fees etc. The fact of the matter is common sense prevails. At most, they will pay some nominal fee plus reasonable legal costs. Unless the situation is really egregious and there is infringement with malice and intent, there will be a reasonable cap to the reward.
The vast majority of the infringement in the U.S. is unintentional and limited to very few images with limited commercial usage. The benefits gained from usage of the photo is also not huge. And most photos being infringed on are not registered individually nor super high ticket items either. Given the holistic view, even if a stock photo company were to sue and win, I cannot imagine them winning much.
It would be unfortunate but not catastrophic for most people. And, of course, if they sued someone with limited assets, they wouldn't collect much either.
Matthew
The vast majority of the infringement in the U.S. is unintentional and limited to very few images with limited commercial usage. The benefits gained from usage of the photo is also not huge. And most photos being infringed on are not registered individually nor super high ticket items either. Given the holistic view, even if a stock photo company were to sue and win, I cannot imagine them winning much.
It would be unfortunate but not catastrophic for most people. And, of course, if they sued someone with limited assets, they wouldn't collect much either.
Matthew
2099
Getty Images Letter Forum / Re: Let the Fear & Paranoia, Fire & Brimstone Begin!
« on: April 15, 2011, 02:08:09 PM »
Well, if your client is being uncooperative, then he has the same problem Getty has. He can try to sue you but then he would have to prove damages. So unless he simply gives into Getty and pays them, he has very little damages that I can see.
2100
Getty Images Letter Forum / Re: Masterfile employee: 85% of revenue comes from litigation
« on: April 14, 2011, 11:24:13 PM »
I am contemplating what and when the tipping point will be. If the numbers are high enough (I am not sure what that number is), this controversy will take on a whole different level of awareness. If they are closer to 100,000 letters, if they hit 250,000 (quarter million letters), it could get very juicy.
Matthew
Matthew
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