2746
Getty Images Letter Forum / Re: BuddhaPi has Officially Joined the ELI Defense Team!
« on: September 23, 2011, 08:44:53 PM »
I promise not to be more "attorney like"...not that there's anything wrong with attorney's 
| Get Help With Your Extortion Letter | ELI Phone Support | ELI Legal Representation Program | |
| Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters. |
Show Posts
This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
2747
Getty Images Letter Forum / Re: Actual Court Cases
« on: September 23, 2011, 03:39:02 PM »
It was never said they didn't anyone to court.. what has been stated is that they have filed few suits and most of those suits were in regards to multiple infringements ( 10-20 or more) As far as I know they have not filed suit for a one image infringment..
Have you researched these cases? I'm curious as to how far they went, or if they were settled out of court, ect.. I'm sure there would be public record of them somewhere..
It's also worth noting that just because they haven't filed many suits, this could change at any time.. As for Masterfile I think they do file suit, they are a completely different beast.
Have you researched these cases? I'm curious as to how far they went, or if they were settled out of court, ect.. I'm sure there would be public record of them somewhere..
It's also worth noting that just because they haven't filed many suits, this could change at any time.. As for Masterfile I think they do file suit, they are a completely different beast.
2748
Getty Images Letter Forum / Re: Oscar Michelen takes money from people and never sends letters because hes busy!
« on: September 23, 2011, 08:05:25 AM »
Can you possibly show us where "Supposedly Oscar represented in court many Masterfile or Getty victims.. " from what I understand is there have not been many cases that actually make it to a courtroom. It has been well stated that GI rarely files suit (at least to date), the main purpose of the letter as I understand it, is to remove the accused from being harassed by GI with more letters of them escalating it to NCS..
As for Oscar taking money and not drafting the letters, I find this hard to believe, did yours slip thru the cracks?? it's possible, have others also slipped thru the cracks, yes entirely possible. For all we know he may get dozens of requests per day to draft the letters. I can only speak for my situation. When I retained oscar, I had my letter drafted and sent out in 1 week..
As for Oscar taking money and not drafting the letters, I find this hard to believe, did yours slip thru the cracks?? it's possible, have others also slipped thru the cracks, yes entirely possible. For all we know he may get dozens of requests per day to draft the letters. I can only speak for my situation. When I retained oscar, I had my letter drafted and sent out in 1 week..
2749
Getty Images Letter Forum / Re: BuddhaPi has Officially Joined the ELI Defense Team!
« on: September 23, 2011, 07:47:17 AM »
I do believe an offer was thrown out to SG, if and how he replied I do not know, But I do know that while speaking with Matt his name was mentioned and he is certainly a very large part of this forum, and I hope he continues to contribute.
2750
Getty Images Letter Forum / Re: Class Action - Here's The Cause of Action
« on: September 21, 2011, 06:30:18 PM »
It was documented that picscout does conceal itself as a user, and I am glad you were able to confirm this..If this indeed computer fraud / hacking, or something along those lines I sincerely hope things heat up shortly. I have gone to great lengths to try to block picscout from my servers, as far as i am concerned they are stealing my bandwidth, and not following robots.txt which in my eyes is ignoring the no trespassing sign.... It's also been mentioned that there may be trolls among us..
2751
Getty Images Letter Forum / Re: Carolyn and Evan Photoattorney
« on: September 21, 2011, 12:33:15 PM »
SG how familiar are you with DMCA and registered agents? I have some thought rolling around in my head, and could use some good feedback, once I unscramble the mess in my head.. I plan on creating a new post in regards to this at some point..
2752
Getty Images Letter Forum / Re: Carolyn and Evan Photoattorney
« on: September 20, 2011, 05:15:17 PM »
Did you register for the notification agent, prior to the infringement?, when was the screen capture dated? I don't know if there is any sort of window, to be covered by DMCA in a situation such as this. I'm assuming you are referring to Carolyn Wright? if so the image is most likely registered, she's very well respected in the photo world, and I doubt she would play games, and take on a case that did not have merit. Can I ask who the photographer was?
2753
Getty Images Letter Forum / Re: Previously posted my story....what do I do now?
« on: September 20, 2011, 12:59:15 PM »
Couple of points / thoughts to add to this discussion.
In regards to phone calls, I think that is more aimed to folks who just want to ask questions, and get a free consult, which is not part of the service that Oscar provides. I think it would be safe to say that if you called and stated you wanted to retain Oscar for the letter, they would gladly help you out.
As was stated previously, your client would need to retain Oscar and pay for such, this would in effect take you and the client out of being contacted by GI.
I've had a similar experience, where a client of mine got the letter, from an image that I properly licensed years ago. I knew it would go nowhere as it was same as in my case ( legally purchased image no receipt in hand). What I did was advice my client to retain Oscar services and in exchange I offered a web hosting credit to cover the cost.. Doing it this way I was able to keep my client, as they were pleased I was willing to work with them, and it also served to get GI off their backs.
I don't know if the system has changed since I had my letter drafted, But I believe, I faxed a copy of the letter from GI, along with an explanation of where the image came from and any other circumstances to Oscars office, I then called the office with my CC number and got the ball rolling.. Mind you this was over 2 years ago, and I was fortunate to get my letter drafted rather quickly. I know for a fact that Oscars case load is much more these days, as he has just moved to another very busy firm, not to mention the Getty Letter services..
What you could do is make sure your client gets a reciept after hiring Oscar, which can then be provided to GI, to show them that an attorney is involved and that any future correspondence must go thru his office. This might take the heat off while you wait to get the letter/drafted and sent..
Hope this helps.
In regards to phone calls, I think that is more aimed to folks who just want to ask questions, and get a free consult, which is not part of the service that Oscar provides. I think it would be safe to say that if you called and stated you wanted to retain Oscar for the letter, they would gladly help you out.
As was stated previously, your client would need to retain Oscar and pay for such, this would in effect take you and the client out of being contacted by GI.
I've had a similar experience, where a client of mine got the letter, from an image that I properly licensed years ago. I knew it would go nowhere as it was same as in my case ( legally purchased image no receipt in hand). What I did was advice my client to retain Oscar services and in exchange I offered a web hosting credit to cover the cost.. Doing it this way I was able to keep my client, as they were pleased I was willing to work with them, and it also served to get GI off their backs.
I don't know if the system has changed since I had my letter drafted, But I believe, I faxed a copy of the letter from GI, along with an explanation of where the image came from and any other circumstances to Oscars office, I then called the office with my CC number and got the ball rolling.. Mind you this was over 2 years ago, and I was fortunate to get my letter drafted rather quickly. I know for a fact that Oscars case load is much more these days, as he has just moved to another very busy firm, not to mention the Getty Letter services..
What you could do is make sure your client gets a reciept after hiring Oscar, which can then be provided to GI, to show them that an attorney is involved and that any future correspondence must go thru his office. This might take the heat off while you wait to get the letter/drafted and sent..
Hope this helps.
2754
Righthaven Lawsuits Forum / Righthaven Defendant Moves To Strip Firm’s Assets
« on: September 20, 2011, 08:16:47 AM »
This could be the last straw!
http://paidcontent.org/article/419-righthaven-defendant-moves-to-strip-firms-assets/
http://paidcontent.org/article/419-righthaven-defendant-moves-to-strip-firms-assets/
2755
Getty Images Letter Forum / Re: Need help with Masterfile letter
« on: September 19, 2011, 02:15:54 PM »
I "think" and perhaps someone else will chime here, that if you contact NCS and inform them, they will in turn have to contact masterfile, and basically send it back to them. Remember this is a "claim" and not a "debt" Again I "think" NCS has no standing to collect on a claim. They do afterall have to abide by “fair debt collection practices statutes” lest you can contact the FTC.. Have a look at the following link, theres some good info here in regards to dealing with the collection agency..
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
Hope this helps!
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
Hope this helps!
2756
Getty Images Letter Forum / Re: Need help with Masterfile letter
« on: September 19, 2011, 12:28:23 PM »
Respond by telling them, that you have retained counsel, and all communications must go thru them..Masterfile is a bit more complicated than GI and may take a little longer to get everything in order.
2757
Getty Images Letter Forum / Re: Must I respond to a forwarded Settlement Demand Letter?
« on: September 19, 2011, 08:20:11 AM »
You will most likely get something in the mail at some point, I would do your homework and track that image down, if in fact it came from a trade association and they in fact gave you permission, and this was before it was licensed to Getty, you might be able to steer them toward the TA.. You might want to contact the association and see if they can assst in the matter as well..
2758
Righthaven Lawsuits Forum / Defense attorneys say Righthaven missed deadline to pay legal fees
« on: September 18, 2011, 04:51:53 PM »
September 14, 2011
Defense attorneys on Friday stepped up the pressure on Las Vegas copyright lawsuit filer Righthaven LLC, asking a judge to appoint a receiver to run the company after it failed to pay their legal fees by the deadline.
Full article below:
http://www.vegasinc.com/news/2011/sep/16/defense-attorneys-say-righthaven-failed-meet-deadl/
Defense attorneys on Friday stepped up the pressure on Las Vegas copyright lawsuit filer Righthaven LLC, asking a judge to appoint a receiver to run the company after it failed to pay their legal fees by the deadline.
Full article below:
http://www.vegasinc.com/news/2011/sep/16/defense-attorneys-say-righthaven-failed-meet-deadl/
2759
Getty Images Letter Forum / Re: BuddhaPi has Officially Joined the ELI Defense Team!
« on: September 18, 2011, 08:38:22 AM »
Oddly enough that's not my department, but i notice I have a brand spanking new avatar!
2760
Getty Images Letter Forum / Re: What If Getty Decides to Sue Me?
« on: September 18, 2011, 07:29:16 AM »
Getty won't provide you with proof, they like to say " we'll show you in court", as far as wasting you time, I don't think it would be a total waste, you could make a offer to settle, which they would probably turn down. But at least at this point you have a record of asking for proof and also making an offering, which any judge in the right mind would consider favorable..on one hand it would be a waste of time, but not so much on the other hand..
Thnax SG for chiming in, good info as usual!
Thnax SG for chiming in, good info as usual!
Official ELI Help Options |
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program |
| Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters. |