Messages

2536

Getty Images Letter Forum / Picscout / DMCA question

« on: December 08, 2011, 05:39:09 PM »

 I just read this little snippet ( no link to the site as there wasn't much else there worthwile)

"Copyright owners have the legal right under the DMCA to reserve the right to view content only to website visitors. Webmasters have the legal right under DMCA to block access to anyone who wants to store or copy website content. It is also a crime under US law to use any trick or false information to gain access to a computer system. Running a robot that pretends to be a user by faking its useragent is crime under US Law because it is using false information to gain access to a computer system."

Can anybody point me to this specific area of the DMCA statutes? I'm going to start looking thru the entire thing. If this is indeed in the law, then I would venture to guess that Getty images will keep operating picscout out of Israel, to skirt US laws..

2537

Getty Images Letter Forum / Re: My 1st Copyright Letter

« on: December 08, 2011, 05:16:41 PM »

As usual this is good advice from MCFilms, make them suck as much of their time as possible, but don't agree to anything, and as mentioned document everything!

2538

Hawaiian Letters & Lawsuits Forum / Re: Another Law Firm to add to the growing list of HAN attorneys

« on: December 07, 2011, 05:05:18 PM »

Interestingly this attorney's site states the following:

"If a competitor has taken images, text, or trademarks from your website or elsewhere without permission, you may need an attorney.  Aldrich Law Firm, PLLC will help you remove the infringing material by sending cease and desist letter, filing a takedown notice, or even by filing a trademark or copyright infringement lawsuit if needed."

somehow I have a feeling the letter he sent wasn't your ordinary cease and desist, I'd be willing to bet there is much more to it...just sayin'

2539

Hawaiian Letters & Lawsuits Forum / Another Law Firm to add to the growing list of HAN attorneys

« on: December 07, 2011, 04:43:48 PM »

A facebook user just received a extortion type letter from Aldrich Law Pllc in San Antonio, Texas on behalf of Hawaiin Art Network...I've reached out to her to see if she would share her letter with us, If so I'll temporarily post it until we can get it on scribd... In the meantime here is said attorneys profile on linked in

http://www.linkedin.com/pub/russell-aldrich/12/86a/873

and from his site:

"Russell Aldrich founded the Aldrich Law Firm, PLLC in 2011.  He is a native Texan who spent many of his formative years in San Antonio, graduating from Douglass MacArthur High School in 2001.  He returned to the city after moving out of state for military service and then law school. "

:::EDIT:: Texas Bar Profile: http://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=319686

looks like another newbie in my opinion ( have to add that ) Texas License date: 11/04/2011 just a month in, hope he has thick skin!

http://www.aldrichlawfirm.com/attorney-profile

I'm sure I'll have more to add shortly

2540

Getty Images Letter Forum / Re: Another letter from IMUA Legal Advisors

« on: December 07, 2011, 11:42:49 AM »

Here's a little something that jumped out at me in regards to the letter in the original post... seems they went a bit further than just the infringement angle..

"Additionally, your website claims "© 2008 Murphy & Gonzalez." As you are not, in fact, the lawful copyright holder of #351PL_AA0001D001_P, your action constitues the falsification of copyright management information under 17 U.S.C. 1202 (a)"

It then goes on to state the extra damages they can collect.....

I wonder is Alaska Stock or other companies pursue this angle when folks do license the images?? or will that be new tactic coming down the road...

http://www.docstoc.com/docs/72052958/48952624-Alaska-Stock-Murphy-Gonzalez-Copyright-Infringement-Cease-and-Desist-Letter

2541

Hawaiian Letters & Lawsuits Forum / Re: Hawaiin Artwork, LLC Files Lawsuit!

« on: December 07, 2011, 09:25:30 AM »

Here's yet another one that just appeared on the radar..

Hawaiian Art Network, LLC et al v. Moku'aina Properties, LLC et al

http://www.rfcexpress.com/lawsuits/copyright-lawsuits/hawaii-district-court/86202/hawaiian-art-network-llc-v-moku-039-aina-properties-llc/summary/

2542

Getty Images Letter Forum / Re: List of companies using PicScout to find alleged infringements

« on: December 07, 2011, 06:59:26 AM »

LOL I see you found my blog post!

2543

Getty Images Letter Forum / Re: Too all webmasters, do you recall this Getty traffic source?

« on: December 06, 2011, 09:21:18 PM »

Thanks for sharing this Lucia as well as your post, some good pointers there, perhaps a bit technical for some of the basic DIY's, but nothing their hosts can't help them with..

2544

Getty Images Letter Forum / Re: Too all webmasters, do you recall this Getty traffic source?

« on: December 06, 2011, 05:38:03 PM »

This is just me, but I'm not keen of the idea of them sending letters via email ( or in any fashion actually) I would promptly add gettyimages.com to my blocked sender list and let the stuff bounce back to them...again this is just me..let them at least pay for friggin postage...

2545

Getty Images Letter Forum / Re: Another letter from IMUA Legal Advisors

« on: December 06, 2011, 03:26:02 PM »

It would appear that IMUA Legal Advisors aka Meltzer Grant LLC do not like us reporting on these issues. I can't imagine why they wouldn't want the general public to view these and become educated. You would think being folks who supposedly know the law would be well aware of the ramifications of sending bogus DCMA takedown notices..

2546

Righthaven Lawsuits Forum / Book, record industries attack Righthaven fair use ruling

« on: December 06, 2011, 10:40:38 AM »

The U.S. book and music industries, as expected, on Monday asked the 9th U.S. Circuit Court of Appeals in San Francisco for permission to participate in one of the Righthaven copyright lawsuit appeals.

In a request to file an "amici curiae" or friend of the court brief, their attorneys said the permission of the court was needed because attorneys for the defendant in the appeal, Wayne Hoehn, had refused to agree to their participation.

Las Vegas-based Righthaven, however, consented to the participation of the Association of American Publishers and the Recording Industry Association of America.

http://www.vegasinc.com/news/2011/dec/05/book-record-industries-attack-righthaven-fair-use-/

2547

Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers

« on: December 06, 2011, 09:38:44 AM »

One could raise the question of why Tylor/H.A.N aren't going after the channels of "free distribution", but rather the end user(s).
A more logical (ethical?) approach would be to shut down those distributing said images for free to the masses.
That's how you protect copyrighted materials for the purpose of making revenue.

S.G.

This is both logical and ethical, however, IF these images are being seeded to these sites, they would not really be able to go after them, as they supplied it in the first place... ...

" When the shit hits the fan, it will not be distributed evenly"

2548

Hawaiian Letters & Lawsuits Forum / Re: Hawaiin Artwork, LLC Files Lawsuit!

« on: December 05, 2011, 08:00:50 PM »

Oscar, is there any merit to a possible entrapment defense or something along those lines? Every letter I have seen from HAN involves the same photogrpaher, and all of these images are readily available on literally 100's of sites as free downloads??

::EDIT::

could you possibly expound on this a little more??: "My biggest concern is that if these cases are not properly defended they could make bad law which will help all the other digital image companies in the 9th Circuit"

2549

Getty Images Letter Forum / Re: I got hit 2 separate letters 2 images - HawaiiArt.com or Hawaii Art Network LLC

« on: December 05, 2011, 05:16:30 PM »

see this thread lucia:

http://www.extortionletterinfo.com/forum/index.php/topic,2409.0.html

I think amiyo is the first case i discovered this morning, both case have been filed in HA, essentially homebase, where they don't have to hire outside counsel in a different state.

2550

Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers

« on: December 05, 2011, 05:03:14 PM »

My advice would be to research, find and document every free wallpaper site this image appears on, also reference other sources such as the following to document "the business model"

http://www.picscout.com/customers/case-studies.html

I would also try to rally the troops that visit this and other sites that have received a letter (or suit), as I believe there is strenght in numbers. You also might want to collect screen shots of the image directly from the artists site where he sells 4 x 6 prints for under $10.00 including shipping!

In my opinion this is not just a case of copyright infringement, but I also think it borders on entrapment /fraud, we just need a judge to see it that way, which would also help in regards to other companies that are also vigorously chasing down small businesses, which I believe the majority are innocent infringers.