Messages

286

Getty Images Letter Forum / Re: Why are you on ELI? Why do you keep coming back to ELI?

« on: December 08, 2012, 10:12:09 AM »

You guys are spinning into the depths of geekdom with this conversation! Sysop? Citadel? WTF?  I do recall playing Pong on Atari though if that counts as stroll down this memory lane.   

287

Getty Images Letter Forum / Re: Received a Getty Demand Letter!

« on: December 08, 2012, 10:08:35 AM »

As I tell many clients, the bankruptcy system is there for folks to use it.  Wealthy people who get in over their heads and massive corporations regularly use bankruptcy. It was in fact one of the main business models of Bain Capital. So there is no shame in it and it will likely deter Getty.

288

Getty Images Letter Forum / Re: Client received letter; Join Defense Letter Program on their behalf?

« on: December 05, 2012, 07:00:09 PM »

Many web developers enlist the Letter Defense program because it means your client would not be contacted any further as Getty would have to write my firm instead of the end user. As you can learn from perusing the thousands of posts on this topic, Getty will transition to letters from a company called NCS to eventually its preferred lawyer Tim McCormack for a total of about 6-10 letters and emails and occasionally McCormack's office will also call. 

289

Getty Images Letter Forum / Re: Another Newby Masterfile

« on: December 05, 2012, 06:56:56 PM »

I have never heard of Masterfile going down to $500 so quickly, so I suspect they know they have a weak case against you.

290

Getty Images Letter Forum / Re: Picscout sighting.

« on: December 05, 2012, 06:50:56 PM »

Great information Lucia (I almost understood 30% of it!) Thanks for the post!

291

Getty Images Letter Forum / Re: Ongoing List of Copyright Trolling Firms and those associated with them

« on: December 05, 2012, 06:49:08 PM »

I have the same feeling!

292

Getty Images Letter Forum / Re: Received a Getty Demand Letter!

« on: December 05, 2012, 06:48:13 PM »

I agree with Robert's analysis  completely.  You need to look at the End User License Agreement that came with the CD. I would not worry too much about a one image claim

293

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: December 05, 2012, 06:46:17 PM »

My technical knowledge is severely limited so please excuse me if the answer to this question is obvious:  Jot, you state that it would be OK if they wanted to us a human to look at every page on your site to view images but it is different if they use a bot to look at the files on the servers. Why is that different? What is the different "damage" caused to you if they use the PicScout method as opposed to the "human" method?  is it the use of bandwidth?

294

Riddick/Imageline Letter Forum / Re: Is it time to retire this Riddick forum?

« on: December 03, 2012, 12:37:04 PM »

I think the Riddick forum can be retired but it is a testament to another important principle - be careful who you choose to litigate against.  Riddick was flying high until he picked on Bernina.  The digital image industry was rolling along, getting favorable meetings and letters from the Copyright Office, until a photographer named Muench went rogue and sued publishing giant Houghton- Mufflin.  Masterfile went after Chaga who has a viable business and did not lie down.     

295

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 26, 2012, 10:59:26 PM »

Will check and follow up

296

Getty Images Letter Forum / Re: Why are you on ELI? Why do you keep coming back to ELI?

« on: November 26, 2012, 10:57:09 PM »

Great sentiments everyone (though Robert's posting of the Jim Jones clip was my favorite). I keep coming back to ELI because thousands of people are still getting these letters with no end in sight. ELI remains the only source for competent, balanced and thorough information on this and other related issues.  The forums have allowed folks to tell their tales  and receive kudos for original responses as well as advice on how to proceed.  We have all learned about new trolling methods and have expanded our reach to cover so much more than Getty Images.  I love how some who came to learn about the topic have come to be regular, insightful and helpful contributors Robert, Greg, SG, Mulligan, Jerry, Peeved, Lucia, April, Lettered,Moe Hacken, Stinger and the list goes on and on.  I enjoy your contributions and have learned a great deal from what you have found out and posted on the site. Of course, the camaraderie and laughs and occasional cringes are also integral to why I am hopelessly devoted to ELI. I can still remember the first call I got from some guy named Matt in Georgia over four years ago. "Getty sent you a letter asking for what?," I asked.  He emailed me the letters and we were off to the races. It is Matt's genuine passion for standing up against copyright trolling and for believing in the power of information and group strength that is the principal reason I keep coming back to this site. Here endeth the lovefest.           

297

Legal Controversies Forum / Interesting Article On Copyright Reform

« on: November 20, 2012, 09:18:47 AM »

So this morning I read an interesting article on copyright reform that talked about how a GOP staffer had issued a policy memo calling for several copyright reforms including shortening the length of time of protection only to have it quickly pulled when the GOP realized the reforms would be bad for the multinational corporations they hold dear. But the article reminds everyone that the Constitution calls for rights to be held for "a limited time" in order to promote science and art. We have gotten away from that concept and have moved from providing rights for  28 years (14 plus another 14) to providing rights for 70 years after an author's death which could easily be well more than a century.  In some cases, Congress has continually extended copyright protection on behalf of specific corporate entities. Otherwise a certain mouse would have long fallen into public domain. Here's the story:
http://www.slate.com/articles/business/moneybox/2012/11/rsc_copyright_reform_memo_derek_khanna_tries_to_get_republican_study_committee.html   

298

Legal Controversies Forum / Re: Use of copyrighted images for educational use - legal?

« on: November 20, 2012, 09:09:20 AM »

I agree with Greg that you may have a problem using them in a college class in that fashion. I also think though that they would at most ask you to cease and desist or provide attribution as there is not value to a lawsuit over this use and you could at least try and put forth a fair use argument. . 

299

Getty Images Letter Forum / Re: A must read!

« on: November 19, 2012, 09:16:47 AM »

You can lose a judge's attention and respect very quickly by using inappropriate or overly colloquial language. Judges expect pro se litigants to play by the same rules lawyers do and  may give them one or two chances to get in line but after that, they will be held on a short leash.

300

P2P/BitTorrent Lawsuits Forum / Re: Prenda Case Defendant Gives Copyright Trolls What for

« on: November 19, 2012, 09:14:31 AM »

Mulligan asks:  Do federal judges read a self-defended written argument as attentively as they do written arguments from members of the bar? Or do lay people have two strikes against them from the get go because they decided to argue their own cases? Often federal judges will go out of their way for pro se litigants, giving them opportunities to correct errors that they would never give to a represented party. I have often said I would rather litigate against a reincarnated Clarence Darrow that a pro se litigant. They tend to over-write, cite dozens of inapplicable cases because one sentence appeals to them and are treated with kid gloves by courts. Also, if I win, so what I beat a guy who wasn't a lawyer, but if I lose, I just lost a case to a plumber's assistant or school bus driver. Try explaining that to a client! Courts will generally lose patience with a pro se litigant when they get "personal" or use foul language or make the same argument repeatedly despite being told not to. But generally speaking, courts cringe when they see pro se litigants because much of the law is complicated and people can make many mistakes even if they are highly educated in other fields. Off the bat the sentiment is "Why couldn't he find a lawyer" but if it is a small case (like a copyright trolling case) then it is understandable why someone might go it alone and the court will be more glad to hear them out.