286
Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers
« on: June 02, 2012, 07:55:59 PM »
Buddhapi, again with the drink out my nose getting on the laptop. I need to buy a keyboard cover if I'm gonna keep reading your posts.
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287
Getty Images Letter Forum / Re: Glen Carner's First 8 Questions for Matthew Chan
« on: June 02, 2012, 12:09:59 PM »
Buddhapi, I'm going to have to send you a bill for all the coffee that came out of my nose and got on my laptop.
288
Getty Images Letter Forum / Re: Pro photographer + expert witness Sedlik comments on copyright infringements
« on: June 02, 2012, 10:52:06 AM »
Mr. Carner has complained of a lack of positive feedback. We are all telling him what's wrong with his business model, but we're not telling him how to improve it and we're not talking about what's right with his model.
My feeling is that we're not talking about what's right with the model because there's really not much that's right about it. Legal? Yes. Moral? That's another forum, this one's about extortion letters and the law. Ethical? Most of us don't think so, but our ethics as a community don't appear to be as flexible or scalable as those of the "royalty-recovery" social circles.
So here you have, free of cost and worth every penny, my personal advice as to how to improve your business model:
1) STOP IT. Really. Stop and think about what you're REALLY doing.
2) Don't be evil.
3) Give people a break and stop filling your pockets with their mistakes. You know, most will apologize in tears and love you forever for letting them slide on what was essentially a peccadillo. If they do it again, I say you can totally release the hounds and I even would hold their leashes for you.
4) Don't come here to pick our brains for free under the pretense of letting cooler heads prevail. You started it with your trolls. That's why you don't have so many friends here, although some of us are trying hard to at least be fair.
5) Don't pretend to be a professional enterprise interested in protecting Mr. Tylor's intellectual property without doing something proactive and energetic about the thousands of wallpaper sites that are still seeding copyright infringements for innocents. That's as fatuous as the claim that you can have people sent to jail for something you can't prove.
Going after the end user will NEVER stop the problem. It's simple, just look at a model of how disease spreads in any given population. The approach is to contain the spread first to protect the rest of the population. You have made some vague statements about your attempts but they strain credulity because I can tell you of several readily-available, American-born-and-bred ISPs that HAVE to listen to your takedown request by law. Have you given up on that because you're tired of writing letters that don't bring back checks?
If I hired you as my intellectual property defender for the last two years, I would be all over you for your complete and absolute failure to address the problem. Did the problem grow too big for you? Have you tried seeking relief with the respective authorities? Their job is to help you track down those culpable for this MASSIVE and totally EGREGIOUS abuse of Mr. Tylor's intellectual property. Is Mr. Tylor so easygoing he will not hold you accountable for this total professional failure?
Those people who are seeding VKT images have names addresses and phone numbers. They have Facebook pages with detailed profiles. You can even learn what kind of music they like on the public internet. You're not able to track these people down? What kind of intellectual property vigilante outfit are you anyway?
If I ever need my intellectual property protected, I know where not to go and I will be telling everyone in my industry all about it. You're going to have to make some very drastic changes to your model before you qualify for my intellectual property provider whitelist.
My feeling is that we're not talking about what's right with the model because there's really not much that's right about it. Legal? Yes. Moral? That's another forum, this one's about extortion letters and the law. Ethical? Most of us don't think so, but our ethics as a community don't appear to be as flexible or scalable as those of the "royalty-recovery" social circles.
So here you have, free of cost and worth every penny, my personal advice as to how to improve your business model:
1) STOP IT. Really. Stop and think about what you're REALLY doing.
2) Don't be evil.
3) Give people a break and stop filling your pockets with their mistakes. You know, most will apologize in tears and love you forever for letting them slide on what was essentially a peccadillo. If they do it again, I say you can totally release the hounds and I even would hold their leashes for you.
4) Don't come here to pick our brains for free under the pretense of letting cooler heads prevail. You started it with your trolls. That's why you don't have so many friends here, although some of us are trying hard to at least be fair.
5) Don't pretend to be a professional enterprise interested in protecting Mr. Tylor's intellectual property without doing something proactive and energetic about the thousands of wallpaper sites that are still seeding copyright infringements for innocents. That's as fatuous as the claim that you can have people sent to jail for something you can't prove.
Going after the end user will NEVER stop the problem. It's simple, just look at a model of how disease spreads in any given population. The approach is to contain the spread first to protect the rest of the population. You have made some vague statements about your attempts but they strain credulity because I can tell you of several readily-available, American-born-and-bred ISPs that HAVE to listen to your takedown request by law. Have you given up on that because you're tired of writing letters that don't bring back checks?
If I hired you as my intellectual property defender for the last two years, I would be all over you for your complete and absolute failure to address the problem. Did the problem grow too big for you? Have you tried seeking relief with the respective authorities? Their job is to help you track down those culpable for this MASSIVE and totally EGREGIOUS abuse of Mr. Tylor's intellectual property. Is Mr. Tylor so easygoing he will not hold you accountable for this total professional failure?
Those people who are seeding VKT images have names addresses and phone numbers. They have Facebook pages with detailed profiles. You can even learn what kind of music they like on the public internet. You're not able to track these people down? What kind of intellectual property vigilante outfit are you anyway?
If I ever need my intellectual property protected, I know where not to go and I will be telling everyone in my industry all about it. You're going to have to make some very drastic changes to your model before you qualify for my intellectual property provider whitelist.
289
Getty Images Letter Forum / Re: Pro photographer + expert witness Sedlik comments on copyright infringements
« on: June 02, 2012, 02:37:35 AM »
I respectfully disagree that the page is daunting. It's just a little demonstration of how the code is built to explain the syntax that describes the specifics of the usage. Media buyers have to fill out far more complex forms at present, and this will be mostly automated in the future.
I don't see how this is different than using any online shopping cart to buy an item that has several options, such as colors, sizes, quantities, maintenance and service warranty extensions, shipping and handling, etc.
What I find truly daunting is hoping to find a diplomatic way to tell someone that they owe you ten thousand bucks for accidentally using a $10 image that was pretty much in the public domain by virtue of copyright abandonment, as well as telling them that you can have them sent to jail for something you know you can't possibly prove in any court.
I don't see how this is different than using any online shopping cart to buy an item that has several options, such as colors, sizes, quantities, maintenance and service warranty extensions, shipping and handling, etc.
What I find truly daunting is hoping to find a diplomatic way to tell someone that they owe you ten thousand bucks for accidentally using a $10 image that was pretty much in the public domain by virtue of copyright abandonment, as well as telling them that you can have them sent to jail for something you know you can't possibly prove in any court.
290
Getty Images Letter Forum / Re: Pro photographer + expert witness Sedlik comments on copyright infringements
« on: June 01, 2012, 11:51:39 PM »
This is an excellent concept, Oscar, thanks for sharing this.
I see this as a truly positive response to addressing the image piracy problem.
I noticed PicScout's logo at the foot of the page, along with Getty's and other big name sponsors. I hope they can be convinced to tone down the aggressive "electronic evidence gathering" and find an ethically correct role in the effort to fulfill their stated mission: to simplify and facilitate the communication and management of image rights.
I see this as a truly positive response to addressing the image piracy problem.
I noticed PicScout's logo at the foot of the page, along with Getty's and other big name sponsors. I hope they can be convinced to tone down the aggressive "electronic evidence gathering" and find an ethically correct role in the effort to fulfill their stated mission: to simplify and facilitate the communication and management of image rights.
291
Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call
« on: May 31, 2012, 11:52:45 AM »
When you're in Mr. Carner's industry, image matters as much as images do.
292
Getty Images Letter Forum / Re: Matthew Chan's First 10 Questions For Glen Carner
« on: May 31, 2012, 10:50:12 AM »
Regarding Question 8 specifically, the statement was made here, posted on the PicScout website:
http://www.picscout.com/customers/case-studies.html
I believe that may be a couple of years old. I'm curious to hear if 50% is still the rule after two more years of the royalty recovery program, but unfortunately Mr. Carner has already stated that he can't comment on this subject at present.
http://www.picscout.com/customers/case-studies.html
I believe that may be a couple of years old. I'm curious to hear if 50% is still the rule after two more years of the royalty recovery program, but unfortunately Mr. Carner has already stated that he can't comment on this subject at present.
293
Getty Images Letter Forum / Re: Matthew Chan's First 10 Questions For Glen Carner
« on: May 31, 2012, 10:24:24 AM »
Stinger, HAN is under ongoing litigation. He will be at more liberty to answer those questions after they're done with that.
To be fair we should give Mr. Carnen the benefit of the doubt. In dubio pro reo.
To be fair we should give Mr. Carnen the benefit of the doubt. In dubio pro reo.
294
Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call
« on: May 31, 2012, 10:20:17 AM »
Mulligan, that's a possibility but we owe Mr. Carnen the benefit of the doubt. He did mention that he can't comment on HAN specifically because there's ongoing litigation. Those are good questions and may actually end up being part of the discovery process.
After the litigation is concluded, of course it's up to Mr. Carnen to answer those questions. I know he's made statements along the lines of question 9 in the past, but I would be curious to hear an update:
Source: http://www.picscout.com/images/stories/pdfs/HawaiianArtNetwork.pdf (on page 4)
After the litigation is concluded, of course it's up to Mr. Carnen to answer those questions. I know he's made statements along the lines of question 9 in the past, but I would be curious to hear an update:
Quote
Since teaming up with PicScout, Hawaiian Art Network has experienced strong revenue recovery. Recovered revenue now accounts for about 50% of Hawaiian Art Network’s income,
Source: http://www.picscout.com/images/stories/pdfs/HawaiianArtNetwork.pdf (on page 4)
295
Getty Images Letter Forum / Re: Getty Images Changes Watermark, Tries to Change Image
« on: May 30, 2012, 03:02:23 PM »I think it's great that they put the artist name on theimages, this way folks can just contact the artist, license the image and cut Copyright Troll Getty out of the equation..
Unless they're bound by contract not to play the "End-around-Getty" game! But that's between the photographer and their chosen legal representatives, of course.
296
Getty Images Letter Forum / Re: Getty Images Changes Watermark, Tries to Change Image
« on: May 30, 2012, 02:40:34 PM »
I must say that I applaud and encourage any help they can give the consumer to identify the fact that the image is rights-managed, and a way to acquire the proper licenses. It should stated be as clearly as possible.
297
Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call
« on: May 30, 2012, 01:41:08 PM »ExtortionVictimNoMore, thanks for posting that summary of what you've been through. I'm looking forward to reading Glen Carner's response.
Plus one.
298
Getty Images Letter Forum / Re: Copyright Troll and Georgia Attorney Cindy Wan-Hsin Hsu
« on: May 30, 2012, 12:27:26 PM »I'll volunteer to take time out of my busy schedule to create the new white list!!
Oscar Michelen
Goes without saying!
299
Getty Images Letter Forum / Re: How is this different from PicScout?
« on: May 30, 2012, 12:26:09 PM »You'd be shocked to hear how many of them say "I'll take my chances" or "what are the odds of getting nabbed"...after hearing this a few times is when I added the clause in my contract. Just like here on ELI we can't help everybody, especially those that are thick headed and don't "get it". I always do what in the best interest of my clients, but sometimes you just have to raise your arms in surrender..
Buddhapi, I wouldn't be shocked at all. I knew a hippie silkscreen artist in San Diego, CA, who was the ultimate Dead Head and a very talented graphic artist and silkscreener. He made these beautiful tie-dye shirts with the famous Grateful Dead "Steal Your Face" skull on the front, but his shirts had an interesting twist: He had one version with the San Diego Padres script overlapping the top of the skull, and another one with the Chargers Bolts on the skull, kind of like they wear it on the helmets. They were very cool. He approached me at a bar in Ocean Beach and offered to sell me one. I asked him why they didn't have his shirts at the ballpark. He laughed and said they don't want him using the logo, but he felt he had a constitutional right to free commerce, and the MLB is too big to go after a little silkscreener, yada yada. He also said "if the Dead don't care, why should the Padres."
Long story short, I later heard he was arrested inside the concourse of Qualcomm stadium while shamelessly hawking those shirts.
I don't know if it's true that he was arrested, but I can guarantee you I personally saw on the OUTSIDE of the concourse at Qualcomm stadium, right outside the gate and in plain view of security personnel, totally hawking his shirts like a carnival barker.
My point is that I do believe there is a serious cultural problem with copyright-related issues. There are all kinds of misconceptions, misinformation and outright myths out there, and no shortage of outright defiance of copyright law.
I very much understand the frustration of people whose property is being taken. No one likes to have their stuff stolen and it's just not fair or just or right in anyway. Taking an image that belongs to someone else is tantamount to shoplifting with your right-click button.
300
Hawaiian Letters & Lawsuits Forum / Re: Copyright Services International / HAN Case
« on: May 30, 2012, 12:03:02 PM »
I would love to, but he has excused himself from commenting on matters related to the ongoing litigation (see quote below). I find this to be reasonable at this time. I do look forward to reading his comments on this forum.
I look foward to posting on these forums daily and addressing the concerns that have been brought up on the appropriate thread. The outcome may not be as glamorous or conspiratorial as expected but there is still plenty of anger and frustration to go around as a result of the current law and how it's utilized by stock photo agencies. I don't have as much flexibility on the HAN issues but will do my best to contribute as a member of CSI. Thanks guys and expect more tomorrow.
I look foward to posting on these forums daily and addressing the concerns that have been brought up on the appropriate thread. The outcome may not be as glamorous or conspiratorial as expected but there is still plenty of anger and frustration to go around as a result of the current law and how it's utilized by stock photo agencies. I don't have as much flexibility on the HAN issues but will do my best to contribute as a member of CSI. Thanks guys and expect more tomorrow.
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