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Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam
« on: December 19, 2012, 12:14:28 PM »
Cool!!! Wow.
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Correct....if they were only looking at the code of the page like most bots do, then all they would see would be a file name with a path to a folder. If the bot tried to access the folder, then would be blocked, so the bot or spider cannot access the files directly. They use software that "tricks" the security measures that I had in place to think it is actually a user using a web browser, then they further trick the server to giving access to those hidden folders for access, then they download the image so they can compare the meta information.
(I also remove the image from m blog media library)
When emailing Geoffrey, I did say that it was a link to another blog.
He stated that they had to pay the artist, so basically I have to pay up.
Second: I have read over both the 2006 Ruling regarding PERFECT 10, Plaintiff, v. GOOGLE, INC., et al., Defendants from "United States District Court, C.D. California" and that regarding Perfect 10, Inc. v. Amazon.com, Inc., et al. 487 F.3d 701, No. 06-55405 (9th Cir., May 16, 2007). I note that DMCA is mentioned and discussed by the District court in footnote 10 of the District Court ruling where they say,
"Google also contends that it qualifies for protection under each of the four DMCA safe harbors, 17 U.S.C. § 512(a)-(d). In light of the ensuing analysis concluding that Google is neither vicariously nor contributorily liable, it is unnecessary for the Court to deal with the DMCA issues."
The plain meaning of the text indicates that any protection that might have been afforded Google by the existence of DMCA was irrelevant the courts ruling because Google had not violated any of the copyright holders rights under copyright. I have not copied or displayed "Catalog Image No eb2511-001" as those terms are defined by US copyright law So, whether Google, Amazon or I are or are not protected by DMAC in the event that we might inadvertently violate someone's copyright would seem irrelevant. I'm puzzled that you brought your opinion about the applicability of DMAC up.
I would now like to point out that in my first letter I also brought up the issue of fair use. In the event that GettyImages might believe contrary to court rulings that including html instructions to an image at a third party site constituted infringing use under US copyright law, my particular use would in any case fall under fair use for reasons I mentioned in my first email to you. You have not address this point.
Because you have so far stated you do not consider the matter closed, I believe must request information from GettyImages. While continuing to maintain that I have neither copied nor displayed "Catalog Image No eb2511-001" as those words are defined by US copyright law, I request the following information regarding GettyImages "Catalog Image No eb2511-001" required to ascertain whether GettyImages has standing to pursue any claim or negotiate any settlement and to assess whether the suggested amount of the settlement would be reasonable.
My specific requests are below:
1) Please provide me with proof that the GettyImages "Catalog Image No eb2511-001" has been registered at the US copyright office or copyright office in any country either individually or as part of a collection, including any collection name, registration numbers, dates of registrations, renewals of registrations, names of copyright holders and any and all records indicating the copyright ownership may have transferred to any new owner and on which dates copyright ownership transfer may have occurred. Your Nov. 4th letter indicates that the photographer was "Mother-Daughter Press". I believe such items should be easily accessible in files GettyImages maintains for the image in question; your obtaining and providing these should be little more than a clerical matter.
2) Please provide me documentation that Getty Images now holds and has held the exclusive license this image spanning whatever time period you believe is relevant to your allegation of a copyright violation related to the image discussed in your first letter to me. I believe such items should be easily accessible in files GettyImages maintains for the image in question; your obtaining and providing these should be little more than a clerical matter.
3) Please explain your basis for requesting $875 for whatever use you infraction you allege with regard to this image.
I believe there is reason to doubt Getty images holds an exclusive right to license images, and also suspect the settlement demand is excessive in light of a number of factors including, but not limited to the following:
a) A digital copy of what appears to be the image in question is available free of charge by visiting ("Mother-Daughter Press & Gay Bumgarner Images" ( i. e. http://www.gaybumgarner.com/) , searching for "cardinals", clicking the image itself and then clicking "download" . The Mother-Daughter Press & Gay Bumgarner Images" website appears to be owned and operated by the party listed as "photographer" of your "Catalog Image No eb2511-001" and the 57.5 kb available for free is larger than the 14kb copy hosted at the third party site I linked. Absolutely no usages restrictions are indicated when that digital image is downloaded. (See attachment 1 below.)
b) A digital copy of what appears to be the image in question can be downloaded for free accessing it through photoshelter.com's user interface. Photoshelter.com lists the image as "PhotoShelter ID: I0000NJj3T3XcwKU" (See http://www.photoshelter.com/lbx/lbx-img-show?L_ID=L0000f7CHJUlwcGk&_bqG=0&_bqH=eJxLjMot9wh1D0izLI3wzQgNdPKrKgxPNM02S_G0MrIyMrWy8on3dLH1MQCCNHNnD6_QnPJk92w1H8_4YP.gEFsg7Rzi6esKE4h38QyydQx2BvF9PN09Qpz8I7AaUFCQbmtkCgC88CZL&LI_ID=LI000.2F242ES7zc )
c) Much lower costs licenses permitting web display of larger higher versions of this image are available through photoshelter.com (see attachments 2 below.)
I believe that since GettyImages has already presented me with a demand letter for $875, providing records and an explanation of the basis for demanding $875 along with records documenting who owns the copyright and your companies exclusive right to license the image should amount to little more than a clerical matter.
I close by noting that it remains my position that there has been no violation of the copyright holders rights to copy or display this image in the matter you described in your Nov. 24, 2011 letter.
Sincerely,
Lucia Liljegren
Once done, why is Picscout (or ImageExchange) still shows the deleted images?How do you know Picscout/Image Exchange still shows deleted images?
Piracy detection right to the furthest corners of the Internet, simultaneously scanning millions of blogs, message boards, streaming sites, websites and P2P channels.Translation: The will send their bot to scrape your site.
Disrupt & destroy illegal file distribution by quickly removing each and every instance of illegal files discovered, with a market leading average removal time of 3.5 hours and over 50% instantly removed once discovered.Translation... they claim they are going to remove illegal files. How? This sounds like it might not even be legal-- and it sure is scary.
#: 111365 @: Thu, 15 Nov 2012 07:09:38 -0800 Running: 0.4.10a1
Host: 91.229.125.213
IP: 91.229.125.213
Score: 2
Violation count: 1
Why blocked: ; It looks like you are trying to call the theme directly. (404) Fingerprint, scrape or hack behavior. (2: wp-content/theme ) || ( ax=0) [GB] ( 404=1 ) ; ( 0 )
Query:
Referer:
User Agent: Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_0 like Mac OS X; en-us) AppleWebKit/532.9 (KHTML, like Gecko) Version/4.0.5 Mobile/8A293 Safari/6531.22.7
Reconstructed URL: http:// rankexploits.com /protect/wp-content/themes/images/arrows-ffffff.png
#: 111122 @: Wed, 14 Nov 2012 06:13:24 -0800 Running: 0.4.10a1
Host: mailptr.picscout.com
IP: 62.219.119.15
Score: 1
Violation count: 1 INSTA-BANNED
Why blocked: ; Image scraper, sharing or copyright enforcing host INSTA-BAN. You have been instantly banned! |-| (1: pics ) check host || ( ax=0) [IL] ; ( 0 )
Query:
Referer: http://stackoverflow.com/questions/11215963/how-to-block-picscout-bot
User Agent: Mozilla/5.0 (Windows NT 6.0; WOW64; rv:16.0) Gecko/20100101 Firefox/16.0
Reconstructed URL: http:// rankexploits.com /protect/2011/12/four-steps-to-slow-down-image-scrapers/
inetnum: 62.219.110.0 - 62.219.155.255
netname: BEZEQINT-BROADBAND
descr: FIXED-IP
country: IL
admin-c: BNT1-RIPE
tech-c: BHT2-RIPE
status: ASSIGNED PA
remarks: please send ABUSE complains to [email protected]
remarks: INFRA-AW
mnt-by: AS8551-MNT
mnt-lower: AS8551-MNT
source: RIPE # Filtered
role: BEZEQINT HOSTMASTERS TEAM
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