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Messages - Moe Hacken

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331
Getty Images Letter Forum / Re: ELI Facebook presence
« on: May 13, 2012, 10:49:24 AM »
Buddhapi, I did have a question about the Like buttons. Each post has one of those. When you click on the Like button on a post, is the post getting the "Like" or is the site as a whole getting the "Like"? Should I go to the home page and "Like" that page instead? I've already done a share on my wall with a call for people to educate themselves and donate to ELI. I don't expect much by way of donations, but at least I want to get the word around.

Matthew, quick question: how do you sign up for a subscription to donate? The slick new green Button takes us to a form that is designed for a one-time donation.

It's alway a great idea to make it as easy as possible for people to contribute.

332
I think the copyright troll standard of proof is open to challenge, but unfortunately that would be a complex and expensive legal campaign.

Buddhapi's excellent parody of a copyright troll is a perfect example of how easily an image can be manipulated and how photorealistic the results can be. It's not rocket science, the tools available only require a good eye and a firm wrist for some tasks, and much of what looks difficult is nearly automatic, such as texture and lighting effects.

A skilled image retoucher can take an image of anyone and make a very convincing image putting that person at the scene of a crime. A very skilled image retoucher can make it nearly impossible to detect the manipulation. This kind of manipulation takes place everyday in the media and sometimes they even get caught making mistakes:

http://worldnews.msnbc.msn.com/_news/2012/04/05/11037917-russian-orthodox-church-apologizes-for-photoshopping-patriarchs-expensive-watch?lite

My point is that in this day and age, I don't think photography or even video constitute irrefutable evidence of anything. The little thumbnails they send with the extortion letters, to me, are downright laughable as proof of anything. I could return a "screen capture" of the trolls' home page stuffed with porn and Getty images in a perfect visual tribute to copyright trolling.

This is why they pick the low-hanging fruit that has enough money to settle and avoid the heavyweights who will challenge them with legal teams of their own and eat their lunch in court. They also avoid the individual graphic designers because they're too much effort for what they probably consider a low rate of return. They prefer going after the client who is much more likely to be anchored to a physical location and have more capital and, as the letter cynically suggests, may have business insurance to cover them for copyright trolling.

333
Getty Images Letter Forum / Re: My Story
« on: May 13, 2012, 10:05:48 AM »
Brilliant Buddhapi. Solid concept and a very professional execution. I would have to call this parody a perfect example of Fair Use.

334
Getty Images Letter Forum / Re: My Story
« on: May 11, 2012, 05:37:45 PM »
Doc, your web designer was highly unprofessional and unethical. What s/he did amounts to malpractice. However, the trolls have trained their scope on you and won't let go even if the designer made a superhuman effort to stop the bullet. I'm a professional graphic artist and I have to tell you that this is a very frustrating situation for an ethical web designer because they really can't do much (if anything) to spare their client the grief even if they wanted to.

In my view (old school, I know), the correct thing to do is to say "I made the mistake, I'm the professional in charge, the buck stops here, and I will cover the damage my mistake did to you even if I have to mow your lawn for posterity." That's the way I think about my clients and you know what I get in return? Unwavering support and loyalty because they know I got their back and I would never hose them. I bet if your designer said "mea culpa" and worked with you on this, you would consider him a fellow victim instead of a graphics troll. That person will not do well in this business, trust me. Word gets around when you burn the people who hire you.

One idea I'm getting about this situation is that I need to create a clause in my work agreement that specifically addresses the responsibilities assigned to each party regarding the stewardship of copyright information. It's now obvious that one has to be perfectly clear about who owns what and who's liable for what when handing content that is basically a legal hand grenade because of the copyright trolls.

The idea is to protect all parties from the trolls, and to seat responsibilities squarely where they belong. If a client hands me an image that I know does not belong to them and they insist I use it on a work of theirs, I have no choice but to refuse because I want to keep my hands "clean", and because I do believe it is my OBLIGATION to protect a fellow artists' property.

I also think it is my OBLIGATION to stop the trolls. What these "extortion letter farms" are doing is not copyright protection, it's extortion, it's bullying, it's instilling fear in people (I am stopping just shy of the "T" word) and it's pure unadulterated greed based on a cynical plan to distort a well-meaning and necessary law into a profit center for otherwise untalented legal and collection "professionals".

335
I didn't think you were holding them in high praise either, Matthew! In many ways, it seems even more hypocritical when they politely piss on your shoes like that.

336
Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question
« on: May 11, 2012, 01:37:35 PM »
Adam, I think you're right. The fact that they are a "more reputable" outfit and are motivated to keep bad publicity at bay may be an advantage for the victims of their letter program. In this economic environment, I don't think any politician would want to be associated with destroying small businessmen for profit. Or even a law firm. I wonder if they are unaware of what's going on with their client. I sure hope they read this forum and reconsider their participation. And I certainly hope they paid for all those Getty and iStockphoto images on their home page before the PicScout trollbot find them.

337
Getty Images Letter Forum / Re: Check out our NEW green button!
« on: May 11, 2012, 01:30:07 PM »
Hey now, that's nifty!

338
Right on, Adam. If I can help you in any way please let me know.

339
I posted the home page on my FB wall with a call for support and specifically donations. Let's see what kind of response we get. I'll keep working the networking on a one-to-one basis as well.

340
I hate to splash cold water on your ideas but ELI has greater challenges than attempt those grand goals right now. It doesn't mean we can't work towards them but it will likely be baby steps.

Every year since ELI has started, there is always a question whether Oscar or I would continue on to support ELI or shut it down. This self-questioning has happened at least twice a year.

Technically, I (my business) own the ELI website. By that association, ELI is technically part of a "for-profit corporation". Although, as a practical matter, ELI has been and continues to be a time-bleed for me. What that means is that even though money comes in from Oscar's law firm contributions, volunteer ELI Contributions, and ELI Support Calls, I still end up in the hole every month vs. the crazy time and effort I put in. That is one reason I have been ruthless and sensitive about newbies calling or emailing me for free time. It has gotten a little better only recently because buddhapi and mcfilms volunteer their time and a lot of important ELI infrastructure is now well-established.

Because a good chunk of my business is real-estate related, the ongoing recession puts pressures on my business.  ELI was born and created out of necessity during the Great Recession to help defend myself in addition to helping others. However, that need has since long passed and we are on a different and much larger mission.  The financial pressures for ELI has been there almost from the beginning because of the time commitment.

Until my other businesses (real estate management, publishing, Internet income) improves substantially or I suddenly become rich, ELI will always be under financial pressure to support and sustain itself. Oscar has been a huge motivator and contributor to ensure ELI's continued existence and survival but ultimately support has to come from the ELI community and those who benefit from it.

I think anyone who visits ELI knows no one is subjected to an onslaught of sales pitches or a hard-sell.  We do a gentle soft-sell through occasional and passive mentions.

Late 2011/early 2012, Oscar and I had a come-to-Jesus meeting about ELI and how it would fit in our respective businesses and personal lives.  WE both agreed ELI was a great success in creating goodwill and appreciation in the world.  But Oscar and I agreed, neither one of us wanted ELI to be a non-profit charity service where we simply gave of ourselves endlessly.  If Oscar and I were retired or became rich so we didn't have to work anymore, it might be a different story. But that isn't the case. Both Oscar and I have businesses we must manage and contribute to. And we both have challenges in finding ways to fit and integrate ELI's agenda into our existing for-profit businesses.

Obviously, we heavily rely on free or inexpensive technology services such as Wordpress, Scribd, Youtube, Vimeo, Facebook, Twitter, SMF Forum, web hosting, and various Internet services and tools to make things happen, maximize our efficiency, and expand our presence without spending huge amounts of money.

Oscar and I lend our respective talents, expertise, and reputations to ELI.  (Oscar with his immensely important legal skills, writing, and talent. Me with my publishing, media, web presence/web marketing, writing, and technology background.)

Buddhapi and mcfilms are obvious assets and valuable forum volunteers. Buddhapi has not only contributed his time but he helps pay PACER fees that I would have to pay. Buddhapi puts in LOTS of time behind the scenes doing follow-up research for me and advising me.  The general public has no idea how much time Buddhapi puts in working with me behind the scenes.  People only see his public posts (which are a considerable number in themselves). In that regard, Buddhapi is like Oscar and I.  He takes a good chunk of time out of his business and personal life to put into ELI.

For example, I have struggled to get by without a professional proofreader/editor and a graphic artist. I have refused to pay for those services to support ELI. So, ELI gets by with a simple, unsophisticated look depending heavily on text or simple graphics and self-edited text. But ELI could be so much more if we had those talents available to us.

No one is killing themselves to volunteer for those important roles. ELI Contributions and ELI Support Calls are sporadic. When the Getty Images Special Report is released, that will be another potential source of revenue to support ELI. But who knows how many people will buy it since we give so much good information for free anyway.

Quite frankly, Oscar and I have an interest in helping and contributing but not to the degree of sacrificing ourselves or our businesses. ELI must support itself.

For example, after 5 years of being online, I am shutting down CobraCollectionScam.com. It was a project that I funded and put a ton of time in years ago to help on a local business community issue. I really should have shut it down a couple years back because it wasn't doing anything for me except be a drain on me. So, 2 weeks ago, I moved all the content to ELI to preserve and archive the research done. CobraCollectionScam.com will be dead in a few weeks when the domain expires in June.

The last few years, I have shutdown and sold off a couple of old websites that no longer supported my business. They served its purpose until they became time sucks and a liability to me.

I believe ELI has a limited existence simply because I don't know if I want to be involved with this the rest of my life but who knows.  Come June 2012, ELI will be 4 years old. Oscar and I agreed to continue ELI until the end of 2012.  We should be able to make 5 years.  In November/December 2012, Oscar and I will have another meeting and reflect on 2012 results and how we feel going into 2013.

It feels a bit strange to think how ELI could be around 10 years. The first 5 years would have been a huge journey unto itself. Who knows what the next 5 years would bring? Will copyright trolling continue to be a hot issue or will things finally cool off? No one can say although I think copyright trolling will continue to be alive and well the next couple years at the very least.

So there you have it.  You had an admirable suggestion but I threw in a big ice bucket of reality on the ideas. Hope that didn't offend you.  LOL.  But I have to call it as I see it.

Ultimately, ELI's future and continued existence relies on support from the ELI community.

In terms of changing our tactics to meet their changing tactics, I am wondering  if ELI has ever tried to organize a Public Relations campaign to make the world aware of these tactics before people are caught.

I am thinking things like making available:
  • lists of publications where people can tell their story - of how they were baited into a mistake
  • sample letters, editorial pieces, etc. to help people tell their story
  • ways to lobby politicians to change DMCA to put an end to Trolls behavior
  • a blue print for what each Troll victim can do to make the world aware and help change it.
The publications or the process may be slightly different in Canada or Europe than it is in the U.S., but PR is PR everywhere.  The first step in solving our problem is making the world aware that it is going on and ANGRY about it.

Are the Trolls so large that they will quash publication of our stories at the national, state, and local level?  Or, might we gain a foothold somewhere and turn this into a Right/Wrong issue that people can get behind?

Matthew, this very same text would make a good "About Us" or "ELI 101" text. Perhaps we can help you assemble an FAQ page for newbies like myself who come in pumped on a huge fear rush and start spouting ideas that have been discussed thoroughly in the forum. There was at least one post I remember that laid out the answers to some of the most common questions we newbies are going to be asking, for example:

Is this for real or is this some kind of phishing nonsense? Can they really drag me into court for $xx,xxx.xx over x image(s)? Can they come after me if I modified the image a lot?

You get the picture. This FAQ page could be used as a requirement to subscribe to the Forum, kind of like a "Forum Rules" introduction portal. This is a good place to emphasize that there are hundreds of posts with all kinds of information, and to suggest using the Google search bar for any specific question before posting it to the group.

This could avoid a lot of redundant aggravation. Matthew and Oscar's time need to be protected from becoming the emotional buffer portal for newbies in a state of shock. Matthew's excellent post about the choice to be rational is very inspiring and it could be part of the Newbie FAQ Required Reading, added to the request for an email. That's not asking a lot for all this free advice at all.

I think fundraising is also in order. We're talking about a cause that is very crucial to everyone in this industry. These people could be killing their own industry and may cause extensive damage to the commercial arts in general.

So here are some questions for the group. Is it okay to go "social media-eval" on them and start alerting our entire Facebook friend army about this, asking for donations in no uncertain terms? I know plenty of people in the creative and entertainment industries who would be outraged at this kind of abuse and would be very likely to pitch in. Is it okay to click on that "Like" button under the posts, put it on our Wall, and tell people to give until it hurts and also warn them to take down all that stuff they're uploading recklessly?

At this time I have more time than money to contribute, but I'm more than willing to contribute as much as I can of either.

So with your permission, I can dedicate some time to getting people to send ELI some PayPal love.

341
I totally agree with Matthew that there is a deliberate attempt to sugarcoat the poison letter. However, I also think mcfilms is right about the amount. If this very polite letter is attached to a $10,000 invoice for one image, it really amounts to a sarcastically diplomatic extortion letter with plausible deniability built-in for the image conscious attorney. They are most certainly refining the model as they go along.

342
Wishing for the best, APS. We're here if you need us. Let us know and I'll package everything I've researched on HAN/VKT images and send it right over.

343
Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question
« on: May 09, 2012, 04:47:02 PM »
I absolutely trust your judgment, Matthew, and Oscar's, of course. Just let us know when to jump in and we'll do what we can to help.

344
Lucia, thanks very much for sharing your bad-bot research. I'm very interested in the progress of your plugin.

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