Messages

2101

Getty Images Letter Forum / We cannot condone this type of response but....

« on: April 13, 2011, 09:44:48 PM »

I ran into this open response to Getty Images during a Google search. This is tremendously funny.  Do I need to say I don't recommend this course of action? But nevertheless, it is extremely funny. Read the responses carefully and you will see what I mean.

http://lorddepravus.blogspot.com/2009/11/love-letters-from-getty.html

Matthew

2102

Getty Images Letter Forum / Re: Masterfile employee: 85% of revenue comes from litigation

« on: April 13, 2011, 09:22:50 PM »

Infringer,

Thank you for your contribution. Your insights and other submissions by other community members is what keeps us current and on our toes. It is no secret that these so-called Compliance Departments are extortionistic revenue centers, not simply a deterrent operation.

And regarding these so-called license compliance officers, I cannot speak to Masterfile, but I can tell you that Getty Images uses college kids from law schools and put them on the firing line. I understand that people in compliance have now gone to disguising or abbreviating their true names.

It is interesting that in the last couple years how the corporate employees have off-loaded some of the front lines to third-party firms.  But people have a long memory.  People also make it their business to know the names of people who are in charge and condone this sort of behavior.

But it doesn't really matter if anyone tries to hide their names because the minute they change their jobs and any reputable employer decides to Google their name, their old employer, and their job title, they are going to start looking radioactive. And the only people who can stomach having radioactive employees on their staff are law firms or other companies that engage in similar practices.

The job title "license compliance" sounds sexy until people find out how most of the stock photo industry are becoming like the RIAA who are hated by the mainstream. I don't have an axe to grind with anyone in the RIAA but if I ever came across someone in the RIAA, my antenna goes up.

Just like nowadays, if anyone says they work for any of the major stock photo companies, you are automatically suspect if you are anywhere near their legal department.

The rest of us have long memories and will certainly not forget for the rest of our professional lives. My guess is that the majority of letter recipients are between 30-50 years of age.  For every letter recipient they hit, that is one more negative karma they are creating, more venom generated, and bad-mouthing that is happening for another 20-30 years. What a huge snowball effect it will be.

I have wondered where the tipping point is. I am certain there are at least 10,000 letters that have gone out over the last few years. But if and when they collectively hit 100,000 settlement demand letters, that is a lot of upset and angry people.

Matthew

2103

Getty Images Letter Forum / Re: Domaintools

« on: April 13, 2011, 02:34:41 PM »

Unlike the Internet Archive, DomainTools appears to be a private, for-profit company. The mission of the two companies are very different. Internet Archive appears to be non-profit and benevolent, hence they are more respectful of website owner requests. DomainTools is in the information business and as long as they are not violating any copyrights, they are able to assemble information on websites, past and present. Deleting info goes against their grain, so you have to "compel" them.

To be fair, I really don't have an axe to grind with DomainTools. From what I know, they seem to operate legitimately and openly. And the information they sell is a valuable service that anyone can buy.  That means Getty Images has to spend money for DomainTools info whereas it was free from Internet Archive.

Yes, it is a big chess game and the more information the community has, the better prepared everyone can be. I recently learned about DomainTools but did not know the extent of the services they provided.

However, I do want to thank you for contributing and important piece of information that DomainTools is now in play. Oscar and I will be talking later today anyhow and it will be one more thing to add to the list.

Matthew

2104

Getty Images Letter Forum / Re: Received letter from McCormack

« on: April 13, 2011, 02:24:18 PM »

Who advised you not to respond?  It certainly cannot be Oscar or me that advised you.  I just love how there are so many people running giving such wonderful advice not to respond and probably have no direct experience or research into this situation.

People who do not respond are asking for their case to be escalated. There is also less sympathy if your case ever goes to court.

Having said that, my advice is SIGN NOTHING!  That is an entirely new twist on this case that I have not heard before. Perhaps Oscar has heard of it but I have not.

The biggest problem I see is that people remain relatively uninformed and they have little ability to get their emotions in check.

Getty Images and the compliance department can keep chugging along as they have been. One day, they will hit the wrong person and this whole situation will take an entirely different twist. When they they hit me, it created a snowball effect to having Oscar getting involved and this entire website created.

You do have the right sentiment though. One of the key factors to fighting this is unity, spreading the word, and yes, recommending this website.

However, one day they will unknowingly hit the wrong person whom will trigger a dramatic chain of events that make what Oscar and I have done the last 2.5 years seem minimal. The reason I believe that is because what I have seen on the Internet. When you continue to build and amass badwill (much like the RIAA did a few years back), there are permanent repercussions that will happen.  And the badwill doesn't disappear so easily on the Internet. There is a permanent record of it.

I could go on a longer dissertation of what I predict will happen, how, and why but I don't think I want to reveal my thoughts. (Let me provide a clue: Although I could not have predicted how fast, who I would meet, or specific events, I KNEW this website would grow and more importantly gain influence over the entire controversy. If I thought ELI would forever remain obscure, I would never have spent the time to utilize it and continue to build it to begin with.)

The major stock photo companies read this forum and website so I am not going to layout specifically how I believe they will march to minetraps. Their foot soldiers have little clue there are forces at work that go beyond what Oscar, I, and this website is doing. In many ways, the harder and faster they push, the faster it accelerates the inevitable outcomes I have predicted.

So I am patiently watching the stock photo industry and PicScout do their thing. I keep my ear to the ground with Oscar's help and I quietly observe for now.

2105

Getty Images Letter Forum / Re: anyone countersued Getty for damages to your own business?

« on: April 13, 2011, 01:54:25 PM »

You can sue anyone for anything for any reason.  That is why we have frivolous lawsuits abound. The legal system can be used and abused.

However, if you decide to sue, the question is can you win?  And if you win, how much can you win? You have to be clear what you are trying to achieve by suing someone. Suing doesn't always mean winning. Winning doesn't almost mean you get much. And even if you get a good size judgment, it doesn't mean you can easily collect.

Matthew

2106

Getty Images Letter Forum / Re: Let the Fear & Paranoia, Fire & Brimstone Begin!

« on: April 13, 2011, 01:51:28 PM »

I see no reason why you couldn't pay Oscar's fee on behalf of your client. However, your client has to be willing to be represented and want to cooperate with Oscar and the process. You cannot make your client have legal representation if he doesn't want it.  

Does your client know that this website exists so that it takes the edge off of him receiving the letter?  He is among hundreds if not thousands.  For many cases, people need to realize that there is nothing more sue-worthy about their situation than any other one.

Matthew

2107

Getty Images Letter Forum / Official ELI Facebook Page Launched!

« on: April 13, 2011, 06:16:03 AM »

We have launched the Official ELI Facebook Page. It is a little naked right now but it is up for Facebook users to join. We will add more content, links, and updates over time.

http://www.facebook.com/pages/ExtortionLetterInfo-Reporting-on-Getty-Images-Settlement-Demand-Letters/168381253215632

2108

Getty Images Letter Forum / Re: Feedback Request: Should We Launch a Facebook Page for ELI?

« on: April 13, 2011, 06:14:21 AM »

We have launched the Official ELI Facebook Page. It is a little naked right now but it is up for Facebook users to join.

http://www.facebook.com/pages/ExtortionLetterInfo-Reporting-on-Getty-Images-Settlement-Demand-Letters/168381253215632

2109

Getty Images Letter Forum / Let the Fear & Paranoia, Fire & Brimstone Begin!

« on: April 13, 2011, 05:10:06 AM »

It has been insinuated and implied more than once that perhaps Oscar and I are giving inappropriate advice especially to those people who made photo errors with 1-3 images and they are mom-pop/sole proprietors.

While we have stated repeatedly that while there are NO GUARANTEES that Getty Images won't sue anyone that erred with 1-3 images, all indications seem to say that it does not seem likely AT THIS TIME they will pursue a full-blown lawsuit for a number of possible reasons: bad PR (eg RIAA suits), inability to win a meaningful judgment, collect on a judgment, etc.

Oscar and I try to empower people with knowledge, education, and a realistic perspective. We try to ease people's worries especially to people who are single-person/mom-pop operation that made a mistake with a couple of images.

However, according to our friendly insinuator (who implies he may have a legal background but never identifies himself), maybe we should change our position.  Maybe we need to up the FEAR and PARANOIA further.  After all, it is far EASIER to say that Getty Image might make a move.

Let us forget for a minute, there is big difference between actually winning a case and collecting on it. Or that winning a $5K, $10, $20K case and getting a judgment against someone plus court costs is a whole different ball of wax than actually ever collecting on it. But hey, Getty might want make an example of someone that made a mistake of a couple images. Why not? It worked so well for the RIAA when they went on a rampage a few years back.

It also isn't quite enough that Oscar is going on nearly 600 new clients since this site launched.

Likewise, I am so sure Getty's team is enjoying having even more people flock to an experienced litigator/IP attorney like Oscar. After all, Getty enjoys being frozen out of all legal communication from letter recipients (after having paid Oscar a financially-crippling, bankruptcy-instigating, credit-damaging $195 to hire him) and having Getty negotiate with Oscar.

We could also ignore what has been said repeatedly on these forums and private emails that People would sooner contribute money to this website and pay money for Oscar's legal services before they give one dime to Getty Images?

But hey, what the heck. Maybe Oscar and I have been running this operation on the wrong premise and doing it the hard way. Maybe we need to discuss changing strategies. We should adopt the philosophy of driving fear and paranoia UP EVEN MORE and play up to everyone's worst fears and nightmares. All this comfort and education talk is encouraging way too many people to feel less stress, empowered, and sleep better. Frak that crap.  We can't have any more of that empowerment and stress-relieving nonsense. We want even more people to be even more dependent on us and this website so they can come back for more. To do that, we should frak with people's emotional states but creating more doubt.

After all, we all know that Oscar is aching to rack up his numbers up further (so he can become friends with Donald Trump) and I am desperate for more website traffic and Paypal contributions (since it is the only thing I do with my days), right? Let us not forget the hero-complexes and egos that Oscar and I have that needs to be regularly fed. We might achieve hero status that way.

And as far as Getty is concerned, they won't mind continually having to go up against Oscar repeatedly (who will one day reach 1,000 clients from this controversy and website). Why bother negotiating with 1,000 inexperienced laymen when you can drive letter recipients into Oscar's law firm? After all, Oscar is only a single-call and email away. It makes it so much easier for Getty to deal with. Got to have the college kids on the compliance staff do something more productive than to talk to or email letter recipients.

Yup, let's go ahead and spread the word that if you are a mom-pop/sole-proprietor biz that made a mistake with 1-3 images, they need to be very worried, get ulcers, and to lose sleep over it. Let's tell people they will get sued by Getty and lose since there is an overwhelming 5% chance that will happen.

How does that sound everyone? Ready for some fire, brimstone, fear, and paranoia?  Our friendly legal insinuator seems to be of that opinion.

Who wants to light the first match to get the fire started?

Matthew Chan

2110

Getty Images Letter Forum / Re: Famous letter in.... Belgium !

« on: April 13, 2011, 04:41:03 AM »

There is a big difference in winning and collecting. Winning a $5K, $10, $20K case and getting a judgment against someone plus court costs is a whole different ball of wax than actually ever collecting on it. But hey, Getty might want make an example of someone that made a mistake of a couple images. Why not? It worked so well for the RIAA when they went on a rampage a few years back.

The more fearful and paranoid people get about getting sued over 1 or 2 images, the more Paypal contributions this website gets and the more business Oscar gets.

Oscar and I try to empower people with knowledge, education, and a realistic perspective. We try to ease people's worries especially to people who are single-person/mom-pop operation that made a mistake with a couple of images.

Can we guarantee it?  Nope.  Is it likely?  At this time, it does NOT seem likely.  But what the heck...


.....If you choose to tell those same people, NOT to take comfort in the fact that their mistakes are relatively small in the big scheme of things, they will likely get sued, and they believe you, then I believe Oscar is willing to accommodate even more clients. After all, it isn't quite enough that he is going on nearly 600 new clients since this site launched....

Likewise, I am so sure Getty's team is enjoying having even more people flock to an experienced litigator/IP attorney like Oscar. After all, Getty enjoys being frozen out of all legal communication from letter recipients (after having paid Oscar $195) and having to negotiate with Oscar.

We could also ignore what has been said repeatedly on these forums and private emails that People would sooner contribute money to this website and pay money for Oscar's legal services before they give one dime to Getty Images?

But hey, what the heck. Oscar and I have been running this operation on the wrong premise. Maybe we need to discuss changing strategies. We should adopt the philosophy of driving fear and paranoia UP EVEN MORE. All this comfort talk is encouraging way to many people to feel less stress and empowered. We can't have any more of that nonsense. We want people to be even more dependent on us and this website so they can come back for more.

After, we all know that Oscar is aching to rack up his numbers up further and I am desperate for more website traffic and Paypal contributions. Let us not forget the hero-complexes that Oscar and I have that needs to be further fed. Inflaming fear, doubt, and paranoia will escalate our status even further.

And as far as Getty is concerned, they won't mind continually having to go up against Oscar (who will one day reach 1,000 clients from this controversy and website).  Why bother negotiating with 1,000 inexperienced laymen when you can drive letter recipients into Oscar's law firm?  Oscar is only a single-call and email away.  It makes it so much easier for Getty.

Yup, let's go ahead and spread the word that if you are a mom-pop/single-person biz that made a mistake with a couple images, they need to be very worried and to lose sleep over it. They will get sued by Getty and lose. They will go in to bankruptcy and lose their home since there is a 5% chance it might happen.

Yeah, that is the ticket.

Matthew

2111

Getty Images Letter Forum / Re: Feedback Request: Should We Launch a Facebook Page for ELI?

« on: April 11, 2011, 01:21:42 PM »

The biggest reason why I would set up the Facebook Page is that (based on my research) FB Pages are Google-indexed to a higher degree than FB Groups.  Also, it gives ELI even higher credibility given that there is an "official FB page".

What will likely happen is that instead of verbose discussions on the FB page that we will simply have occasional pointers to important discussions. But who knows how the FB community will respond?

ELI has a twitter account but aside from a few announcements, it is simply something that Oscar and I have not been drawn to.  The problem with Twitter is that it is TOO active for my tastes. Yes, I know I can set up TweetDeck or HootSuite but that would be just one more thing to do.

I have decided I am willing to make ELI resources easy to be found but we are not providing service on a silver-platter to every single platform available. People have to be willing to care enough about themselves and their issues to make an effort.

2112

Getty Images Letter Forum / Re: Feedback Request: Should We Launch a Facebook Page for ELI?

« on: April 07, 2011, 09:11:21 PM »

Buddhapi,

I know about that page. I was invited to participate and I declined at that time because I wanted to focus my efforts on this website.  There is a difference between a Facebook Group vs. a Facebook Page but I don't yet know all the specific nuances. Certainly, Oscar and I don't have a monopoly on this subject and anyone can get into the game to join the cause however they see fit.

My specific interest is extending the reach of ELI into Facebook, but how specifically, I am not sure yet.  Like you said, it isn't like I don't have anything else to do.

Matthew

2113

Getty Images Letter Forum / Re: Settlement copyright letter from Super Stock

« on: April 07, 2011, 09:05:38 PM »

Bonnier,

You are not going to like my answer.  I say ditch all of your templates that have images.  Go to text mode for the short-term.  Then gradually enhance your websites with your own graphics.

That is what I did. I just started playing it safe and deleting what few images and web headers I head and started all over.  I just didn't need the grief anymore having been through it.

Matthew

2114

Getty Images Letter Forum / Re: Class Action?

« on: April 06, 2011, 02:35:10 PM »

Sort of off-track but Lettered has been on these forums for awhile as well as being current on our latest ongoings through monitoring our posts, interviews, and videos. Although he does the proper disclaimer, he has a good pulse on Oscar's and my position on many of the Demand Letter matters. His replies are a good starting point if Oscar and I are away and don't reply quickly.

Thanks Lettered for contributing your time to help answer questions when we aren't here.

Matthew

2115

Getty Images Letter Forum / Re: Feedback Request: Should We Launch a Facebook Page for ELI?

« on: April 06, 2011, 02:23:02 PM »

@JPicker - LOL! Believe me I am not trying to create more work for myself here but the fact is that Facebook is actually more part of my routine than coming to ELI. There are times I flat out don't want to be on these forums and aren't. Thankfully, Oscar steps in during those times. Also, whether I want to or not, Facebook marketing and presence is becoming mandatory. Having said that, our community here (where most readers are silent) might be content. Also, if I were to launch a Facebook Page, it would not try to replicate every discussion here. It would have its own life and energy.

@Lettered - I think I like your idea of adding a "Like"Button. I thought about it for the individual messages itself but not for the website.  I will look into it.

Keep the comments coming. Thanks.

Matthew