Messages

2431

Getty Images Letter Forum / Re: A Masterfile Demand Letter Story

« on: January 09, 2012, 04:35:54 PM »

Good point DF, they'd probably get less if anything! Apparently they are to the point of not even thinking thru the scare tactics.

2432

Getty Images Letter Forum / Re: Are Copyright Holders Seeding Own Files To Find, Sue Downloaders?

« on: January 09, 2012, 04:34:14 PM »

Well this is certainly interesting, perhaps someone should draft a letter to V.K.Tylor, bringing all of these wall paper sites to  his attention ( just in case he's not aware) Send it certified mail to HAN and Tylor, kepp copies tucked away and on scribd..future letter recipients may be able to use this as part of their defense..especially now that we know that he knows, and even more so if he decides to do nothing about the free sites..

2433

Hawaiian Letters & Lawsuits Forum / Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network

« on: January 09, 2012, 04:31:21 PM »

I'll second that notion to file the complaint, and my apologies for not addressing it in my previous post!

2434

Getty Images Letter Forum / Re: Are Copyright Holders Seeding Own Files To Find, Sue Downloaders?

« on: January 09, 2012, 03:56:13 PM »

another GREAT find!, will have to read/digest this later, but it amazes me how this community has grown and how much good info is coming out!

2435

Hawaiian Letters & Lawsuits Forum / Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network

« on: January 09, 2012, 03:53:39 PM »

I don't think any of us ever said the seeding of images was legal or not, however if one were able to somehow prove that an artist was intentionally seeding free site with images, then pursuing alleged infringements, I find it hard to believe any judge would see this in a good light..regardless if it's legal or not.. To my knowledge this has never been brought in a court..yet.

Not to backtrack on the "seeding" theory, but another possability is that these free wallpaper site feed off of themselves..meaning once an image gets on one, a robot can then "scrape" the images, before you know it that one site has had multiple scrapers and the images appear on multiple sites..just another theory..again the question is proving the seeding.. I also believe that one doesn't really need to prove this...just showing a judge that said image appears on x amount of sites will weaken any case, and certainly lean to the side of innoncent infringement..

I would not advise anybody that you are "consulting" with ELI, as this site is strictly informational, and we're certainly not lawyers (except Oscar)..besides chance are they already know you're discussing this with us..we're getting pretty well known these days..from both sides

2436

Getty Images Letter Forum / Re: A Masterfile Demand Letter Story

« on: January 09, 2012, 02:46:04 PM »

Already a search for "Geoffrey Beal masterfile" turns up nearly a full page of information about this issue and points here. Trying to "force" removal of these threads has not worked out for other attorneys (See the Julie Stewart threads).

yes and it's hampering my efforts! 

2437

Getty Images Letter Forum / Re: Geoffrey Beal of Masterfile Tries to Suppress Information on ELI

« on: January 09, 2012, 02:38:33 PM »

I dug it up last night, and had an issue with it to, but you never know.. I'm still digging and determined to come up with something somewhere.

2438

Getty Images Letter Forum / Re: Attorney Bruce Rosen (representing Julie Stewart) Sends Certified Letter to ELI

« on: January 09, 2012, 01:02:11 PM »

yes a little optimizing would go a long way..

2439

Getty Images Letter Forum / Re: A Masterfile Demand Letter Story

« on: January 09, 2012, 11:30:37 AM »

not to mention, that the little blurb only appears on the last "Registered" email, as if that means anything being "registered"

2440

Getty Images Letter Forum / Re: A Masterfile Demand Letter Story

« on: January 09, 2012, 11:26:04 AM »

They really don't like being brought out into public...

a. You did not sign a confidentiality agreement.
b. Is one to assume because of that little disclaimer, you are prevented from sharing it with legal counsel??? I think not.
c. You were the intended recipient of the message, what you do with , is your decision ( see point a above )
d. I do not believe business communications are covered by copyright
e. He's "assuming" this is your case nothing more, as you stated it was all redacted.

At this point don't be surprised if they try to cut you out of the loop, as you are being a thorn in their side. They may decide to deal directly with your clilent.

2441

Getty Images Letter Forum / Re: A Masterfile Demand Letter Story

« on: January 08, 2012, 10:08:55 PM »

If I were in your shoes, I would respond 1 day before the dealine, ask some more questions and drag the deadline out, as MCFilms has pointed out, there is nothing wrong with asking questions, the more questions you ask the more time they have to invest to keep answering. I would bring up the registration again, and ask them to show proof that this image is actually in that group. It probably is as MF is known to be organized in terms of registrations..

As far as collections go, legally they cannot send it to collections, this is a "claim" not an invoice, if they do send it to collections, you can contact the collection agency in writing and refute the "claim", and they will send it back to MF. There is a thread here in regards to this:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/fair-debt-collection-practices-act-(eli-highlights)/

IMHO the deadlines are mere scare tactics, something else to consider is whether they would actually file suit over 1 image, chances are pretty slim I would think.

2442

Getty Images Letter Forum / Re: Attorney Bruce Rosen (representing Julie Stewart) Sends Certified Letter to ELI

« on: January 08, 2012, 08:31:20 PM »

This is so unfortunate Matt, and I'm very sorry that you have to deal with this! It is just one more reason that I feel compelled to continue to try and help here if I can. You obviously have much bigger fish to fry!

Well I'm sure I can speak for the entire ELI Team, we certainly appreciate your willingness to help, share and educate others.. As for Matt having bigger fish to fry, this has turned into a time sucking nuisance, and Julie Stewart from Blackline Entertainment Law is dipping herself into the fryer. This was well behind us here on the forum, Matt has practically bent over backwards to appease her, only to have it brought up again..

Gotta love the Zvulony links that were referenced..

"In some cases responding to the defamation may actually amplify the defamation.  Truth is always a defence to defamation and in a case where the person who made the libellous comments strongly believes that they are true, it may be wise to let the fire die without feeding the conflict by responding."

For whats it worth in my opinion there has been nothing stated that is defamatory, libelous, or slanderous, at most some opinions were posted that may have not been exactly flattering to Julie Stewart, but they are just that opinions.. I'm sure I'll have more to add as I digest all of this and have some time to sift thru all of those links..

2443

Hawaiian Letters & Lawsuits Forum / Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network

« on: January 08, 2012, 07:44:29 PM »

HEY!

I think you ARE "special"! Don't listen to MATT! LOL!

 

We're all special inour own unique ways, just not when it comes to getting the letters!

Now I must go back and refresh my memory of Peeved's special story, glad to see "she's" becoming an active community member!

2444

Getty Images Letter Forum / Re: A Masterfile Demand Letter Story

« on: January 08, 2012, 07:33:28 PM »

Mr Beal is not listed on the "Executive Team" page on MF site, so it's probably safe to assume that he works under Dan Pollack, who is the "General Counsel" and heads up MF's Copyright Compliance Dept., I did see Mr. Geoffrey Beal's mentioned in an article pertaining to Righthaven of all things, but  it was just a passing comment, that Beal and Getty Images should be added to the list of "bullies" along with Righthaven..

Kudo's to Dieselsfish for drafting an excellent response, well thought out and presented, thanx for sharing with us and the community, as it certainly helps the cause!

2445

Getty Images Letter Forum / Re: New ELI Video Update (January 2011): Jerry Witt aka mcfilms

« on: January 08, 2012, 05:28:47 PM »

It's always nice to put a face to the words...now if we can just get SG to come out of the wood work, maybe I'll be able to get the vision of Gene Wilder to go away!