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Messages - stinger

Pages: 1 ... 13 14 [15] 16 17 ... 44
211
Getty Images Letter Forum / Re: Thank You
« on: September 04, 2014, 09:58:50 AM »
Way to go Bernice!  A victory for the little "guy" against the big company and lawyer demons.  Please tell your story where ever you see fit, so others might be so lucky.

212
Greg,

After seeing this article, I went back and re-read my original letter from McCormack's firm.  It says next to nothing, is full of innuendo, and makes it sound like the sky will fall in if I don't pay them gobs of money immediately.

I couldn't find anything that I thought was actionable.  He doesn't cite any cases specifically, but seems to make up case stories to make his point.  I guess I can't make the case that he is lying, because nothing substantive is said.  Makes me ill.

But it did remind me of why I originally thought that the letter came from Nigeria.  In fact, I believe that the attorneys working for the McCormack law firm would make excellent lawyers in Nigeria.  They should just be banned from practicing anywhere else.

213
If he is not, I would sure like to know how to craft the message to get those licenses pulled.

214
Attorney Rothman says,

Quote
“If I had sent a letter like the one they sent to me, the bar would have my license.”

If that is true, why haven't we been able to get the Washington State Bar Association to pull Timmy McCormack and Lauren Kingston's licenses?

If Rothman can clue us in on how to properly make the request of the WSBA, maybe we can save a lot of people some big headaches henceforth.

215
Steve and Joel, you guys rock!

I know you guys need to keep your case focused and to the point.  But, if you determine that you need any particular kinds of examples of things that Getty or their close partners, McCormack IP Law, are or have been doing to targets, this is the place to ask.

Over the years the nature of their letters has changed somewhat.  Bar complaints, Attorney General complaints, letters written to state and federal lawmakers have tended to modify their behavior somewhat.  The readers of this forum have seen it all.  Many have deep files on Getty, McCormack and their practices. 

I am fairly certain that if you need certain evidence, just ask and there is a good chance someone will be able to provide something close to what you need.

Good luck in this suit.  We are all behind you.

216
Gotta like these guys.  Anyone got any ideas of how we can support them.

Would any of the statistics Greg has been compiling, be of use to them?  We should find ways to get on their bandwagon.

217
Quote
I thought this forum was to help shut down this practice of scamming people into paying for things they shouldn't need to pay for.

You are correct about the purpose of this forum.  Unfortunately, with what you have told us, many of us disagree with your assessment that this is something you shouldn't need to pay for.

218
Getty Images Letter Forum / Re: Copyright Infringement Claim
« on: August 19, 2014, 04:05:37 PM »
If it were me, I would ignore these people because they are working out of the same building as Getty.  That leaves me to believe that they are an offshoot of Getty, possibly a way for Getty to pursue their "claims" under a different name and get Getty's name out of the anti-troller's sights.

The reasons I would ignore them include:
  • Getty often doesn't have their paperwork in order.  Their copyright registrations and right to pursue infringers on behalf of their artists, often does NOT stand up in court.  You will see examples of this if you continue reading through the forum.
  • By observation over the last 2+ years, it appears to me that Getty pursues their collections through what I would consider a pyramid process.  They have junior people chasing claims and trying to dig up as much information as possible while trying to collect.  This is what I call Phase 1 - Phishing.  Give them no info and they don't have any idea of what they might stand to collect.
  • If they learn enough to believe they have someone with a conscience and money, they then turn up the heat and might bring in the more experienced collectors.  Phase 2 - Pursuit.
  • If they get too much push back, they threaten with their legal team.  Phase 3 - Send in the dogs. 
  • Since they don't let that legal team pursue anything through the courts, if they fail, they threaten to go back to Getty and recommend litigation. Phase 4 - Ping Pong
  • They pass the ball back and fourth this way for a while, hoping to catch their prey in a moment of weakness and collect a check.

By trying to be responsive to their initial request, victims tend to fall into their web.  It is tough to play the ignore them game when you are trying to do a solid for Steve, because they will continue to pursue Steve.  If they can play one party against another, they are very difficult to negotiate with.  You can offer them a settlement, and they will say it is not enough and that they will pursue Steve.

Your situation is a little more complicated than mine because you have to find a solution that both you and Steve can live with.  It just strikes me that in the worst of all possible worlds, if this did end up in court, no judge would find anything worse than innocent infringement based on the fact that no one alive today had any idea they were using someone's copywritten photo.  That severely lessens the worst case scenario's they will throw at you while going through their collection dance.

Remember, this advice is pure speculation of what I would do, knowing what I know now, if I were in your shoes.  Treat it as if it is worth what you paid for it, $0.  Get educated.  Do what you think is best for you.

219
Getty Images Letter Forum / Re: Copyright Infringement Claim
« on: August 18, 2014, 08:55:02 AM »
Again, you should read the forum and EDUCATE yourself.  My thinking is if you contact them and pay, they will be happy - for now.  But if they find any other skeletons in Steve's closet, they will go after them hard because by paying them, you will have given them hard evidence that:
  • Steve and you exist and are real people that can be pushed around
  • Steve and you paid once, so you may have the money to do so again

If you give them any kind of push-back, like asking for proof that the copyrights were registered, asking for the sales history of the images to support their price, etc., they will revert back to chasing Steve.  You need to remember that they are NOT interested in doing what's right.  They are interested in collecting money based on their threats to Steve.

I, for one, would not give them a dime without knowing the status of the copyright of the image.  I would think that a court would find for innocent infringement, but I doubt they would ever go to court over something so small.  The costs of filing are greater than they are likely to receive.  An innocent infringement judgement could be as low as $200.  You should read Greg Troy's thread, "An Experiment against Getty . . ." on this forum.

220
Getty Images Letter Forum / Re: Copyright Infringement Claim
« on: August 17, 2014, 09:36:03 PM »
I am not an attorney but the letter sounds like a phishing expedition to me.

You should read the forum to educate yourself before doing anything.  Rushing would be playing into their hands.

If it were me, I might ignore the letter completely.  It depends on what "I took over a website for a friend a few years ago." Means.

221
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: August 17, 2014, 01:39:39 PM »
Odds are that if they have an attorney who understands fair use, it will never make it into a court room.  Some attorneys like to threaten court in anticipation of a settlement they do not deserve.  It becomes a business decision.  I hope you don't encourage their attorneys to continue this practice by paying them off.  But if you do, I will understand the peace of mind that buys you.

222
Here is an older article I came across in which both Matthew and Oscar are quoted regarding Getty's recent case filings.

http://www.ibtimes.com/getty-images-lawsuits-enforcement-or-trolling-fear-letters-dwindling-stock-photo-giant-hits-federal

223
Getty Images Letter Forum / Re: Putting My Money Where My Mouth Is
« on: August 02, 2014, 01:00:49 PM »
A good strategy v. Getty:  Dont't make yourself "low hanging fruit."

224
Getty Images Letter Forum / Re: Putting My Money Where My Mouth Is
« on: August 01, 2014, 05:43:20 PM »
Idea 3:  it's far easier to live with yourself when you fight evil and all that is wrong with the world than when you give in to it.

225
Getty Images Letter Forum / Re: Putting My Money Where My Mouth Is
« on: August 01, 2014, 05:41:08 PM »
Idea 2:  when you win in a court room, it becomes a matter of public record and others will see how you beat the Trolls and the Trolls position will henceforth be weakened.

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