Messages

2761

Getty Images Letter Forum / Re: What If Getty Decides to Sue Me?

« on: September 17, 2011, 08:52:03 PM »

They would naturally ask for more as they would also want to collect Attorney fee's... Past history tells us They don't file suit for one or 2 images ( at least they haven't thus far) where the threshold is i'm not exactly clear.

However I do believe this is more of a money making venture for them, so I like to do some simple math, taking the following into consideration.

They would need to file the suit where you are located, so they would need to pay an attorney to travel, pay for lodging, meals ect.. in addition to hourly rates.

They're looking to collect 2550 from you and IF they win and any other costs...however if they LOSE, it will probably cost them more than that right out of  gate, than what they are trying to collect.. some may think my thinking is a bit warped here, and maybe it is.

you might want to do some research into he images in question, could they possibly be available on other sites? did GI own the exclusive license when you got the images? are the images registered? All of these items could potentially weaken their case..

2762

Getty Images Letter Forum / Re: BuddhaPi has Officially Joined the ELI Defense Team!

« on: September 17, 2011, 02:16:06 PM »

You've also done more than your share as well!

2763

Getty Images Letter Forum / Re: I got a letter now what?

« on: September 17, 2011, 01:25:49 PM »

Hello concernedcitizen,

Sorry to see you here, but welcome none the less. We have just made available all of the videos to the general public, there is no longer a need to subscribe. If I were you I would start there, set some time aside to run through the videos, they will give you much needed information in regards to the way that this whole thing works. Afterward you may want to read through some of the forum itself, you'll be able to see first hand, what others have opted to do, and what action to take. Just know you have options. After getting educated and you still have questions, or just want to share your thoughts on the matter, you're more than welcome to partake in the forums..

2764

Getty Images Letter Forum / Re: BuddhaPi has Officially Joined the ELI Defense Team!

« on: September 17, 2011, 12:39:59 PM »

Is it to early to ask for a pay increase?? 

While my original intent was to get myself as educated as possible in these matters, I quickly found myself, wanting to get a bit more involved as to educating the un-educated and doing my part.. My hope is that not only existing users but new users as well will take the wealth of information available here to make informed decisions and also share this education with others in their day to day business dealings. As well all know and understand, there needs to be changes, and the more voices we have the better off we will be in the end.

2765

Getty Images Letter Forum / Re: Write your Congressman / Senator

« on: September 16, 2011, 02:44:25 PM »

I meant to post this the other day, online petition pertaining to getty. I fully agree that something somewhere needs to change, to not only protect innoncent infringers, but at the same time protect the rightful owners of images / content..

http://www.ipetitions.com/petition/boycott-getty-images/


As a side note the image exchange program you referred to is owned by PicScout, which was just recently purchased by....you guessed it Getty Images!

2766

Righthaven Lawsuits Forum / Righthaven Defendant Asks Judge Not To Let Company ‘Slither Away’

« on: September 16, 2011, 10:38:18 AM »

another interesting tidbit in the Right Heathen

http://paidcontent.org/article/419-righthaven-defendant-asks-judge-not-to-let-company-slither-away/

2767

Getty Images Letter Forum / Re: The NCS settlement letter - ignore or write to them to dispute debt?

« on: September 15, 2011, 07:19:05 AM »

Generally what happens at this point is typical collection agency harassment, they'll call, send letters, the usual MO..Personally i would not have ignored it from the beginning, as this will look bad if it does goes further and lands on a judges desk.. He/she will most likely frown upon the idea of you ignoring it.. Being as this is a "claim" and not a debt, I don't think NCS has much leverage, you may consider contacting them and refusing such claim, whilst at the same time tell them that your attorney is now handling this. This will make them send it back to Getty. I would consider having Oscar draft a letter on your behalf, then neither party can contact you in the future, and if this is dealing with 1 image, hopefully it will just go away.

2768

Getty Images Letter Forum / Re: I paid for the images before using but got a demand letter

« on: September 13, 2011, 07:47:03 PM »

Oscar will follow up, he's very busy with his regular practice, as well as helping us on the side. don't read to much into the "deadline", it's just another scare tactic they like to use..

2769

Getty Images Letter Forum / Re: Image deleted well before receiving Getty Letter

« on: September 13, 2011, 10:10:56 AM »

I would agree, hence the problem with archive.org and other sites that cache pages, there always seems to be a trail..

2770

Getty Images Letter Forum / Re: collections

« on: September 09, 2011, 12:29:26 PM »

I doubt it, as it's  a "claim" that you owe them something, unless of cousre you said something along the lines of  "yes I used the image from your site, send me an invoice" then that would be different..

2771

Getty Images Letter Forum / Re: Go Away?

« on: September 08, 2011, 05:36:21 PM »

the problem here is your and my definition of reasonable and their definition is slightly different..okay well maybe not slightly..as an aside it would be a good suggestion to keep any correspondence with them for your records, showing good faith would go a long way in a judges eyes ( if it were to get that far)

best of luck and please keep us posted on any developments or decision you make..

2772

Getty Images Letter Forum / Re: Go Away?

« on: September 08, 2011, 04:31:46 PM »

make sure you get a reciept showing the image in question. If there are/were other images, they may come back for more, or the other images may have belonged to a different agency, and they may come knocking as well.. If you have images on your site, which you did not purchase or did not actually snap the picture, you are taking a risk..you may also want to remove your site from archive.org, as they can also use this to get screen captures of the site from before any questionable images were removed....

my question is why would you be willing to pay an extremely high amount in the first place?

2773

Getty Images Letter Forum / Re: How come nobody really think of sueing getty images?

« on: September 04, 2011, 01:10:33 PM »

I think you must have some sort of grounds to sue somebody on...what would those grounds be?? as is right now they haven't broke the law, but it's only a matter of time until someone comes up with something viable..

2774

Getty Images Letter Forum / Re: Class Action - Here's The Cause of Action

« on: September 03, 2011, 12:23:54 PM »

although this may be plausible, I have my doubts.. In my scenario, the image in question was almost 12 years old (a dinosaur) I doubt there was any data added to this file, being as picscount / other image recognition software didn't even exist back then. Furthermore if an image is edited in photoshop and saved using the "save for web" option all meta-data / EXIF data is stripped out to crunch down the file size as much as possible.

Just my 2 cents worth...and I'm certainly not saying that they have not adopted these practices as of late, anything is possible with them given their tactics and track records.

2775

Righthaven Lawsuits Forum / Critics: Righthaven not entitled to a ‘mulligan’

« on: September 03, 2011, 09:32:11 AM »

This was posted on Aug 31

http://www.vegasinc.com/news/2011/aug/31/critics-righthaven-not-entitled-mulligan/

and this from the the 26th..

http://www.vegasinc.com/news/2011/aug/26/righthaven-denies-defaming-copyright-defendant/