Messages

331

Getty Images Letter Forum / Re: Copyright Defense League Recruiting Extortionist Lawyers

« on: September 14, 2012, 08:03:53 PM »

Holy interconnectedness Batman! If you look at that magazine from Randy Taylor, it has alot of PACA content there as well. Is Nancy Wolff a FB friend I wonder?

332

Getty Images Letter Forum / Re: Dan B. Levine from Copyright Defense League

« on: September 14, 2012, 07:58:02 PM »

Again we don't know that the Dan B Levine who is listed as delinquent on  the Court's Attorney Directory is the same one named in the CDL letters. Delinquent just means you didn't pay your registration dues. While it can be easily corrected it means you are not in good standing.

333

Getty Images Letter Forum / Re: Copyright Defense League - Inside Strategies Revealed!

« on: September 13, 2012, 09:19:15 AM »

Its very likely that that the "Levine" is just a coincidence but you never know. Though if I had a dollar for every lawyer named Levine in Nassau County alone, I could own two homes in Old Brookville.   Ackerman Levine is a very well known, respected Long Island law firm. I have litigated against them and on the same side as them a few times. Not that involved in IP work, mostly commercial litigation but very good lawyers all around. I don't think there would be any liability by DMP as they were acting in  good faith based upon a complaint, they are not judge and jury and you likely agreed when you signed up for the service that they could this.  Nice work fellas.     

334

Getty Images Letter Forum / Re: Copyright Defense League Recruiting Extortionist Lawyers

« on: September 13, 2012, 09:12:33 AM »

I agree SG, I think you found him as that is the address I found for him also. He's no dummy - he graduated from The Wharton School of Business according to his LinkedIn profile. Looks like trolling is just a pastime for him perhaps.     

335

Getty Images Letter Forum / Re: Getty Images is Hiring!!

« on: September 12, 2012, 05:18:23 PM »

Sent them my resume, I still haven't heard from them! 

336

Getty Images Letter Forum / Re: Got a letter, now what???

« on: September 12, 2012, 05:15:35 PM »

Couch: The idea of extending a small offer (though a reasonable one considering the size and use of the image involved) is to show just a little more good faith should this be the one case that gets to court. It is highly unlikely Getty will accept the offer, though they should, but it is just  one more step to show who is being the reasonable party.  Getty would argue that their long letter with its FAQs is a sufficient proof of claim. Remember, there is no requirement that an image be registered to be able to ask for damages for its infringement. You only must register if you intend to proceed with a lawsuit.     

337

Getty Images Letter Forum / Re: Copyright Defense League Recruiting Extortionist Lawyers

« on: September 12, 2012, 10:34:05 AM »

Here is a letter I am sending out today on this issue:
====

September 12, 2012 

Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts
Renaissance Plaza
335 Adams Street, Suite 2400
Brooklyn, NY 11201-3745


Dear Sir or Madam:

   I am an attorney admitted to practice in New York through the First Department since 1986 and I write to complain about possible ethical violations and improper fee-sharing and fee referral from a group called The Copyright Defense League.  I was forwarded the attached email from someone who received it through an unknown source. It appears to be a solicitation to lawyers to do legal work on behalf of the Copyright Defense League from a person identified as Dan B. Levine with a NY phone number of 516 770 -3700.  An internet search does not reveal any further information about any attorney with that phone number. 

   I went onto your Attorney Directory to look for that name and found the following:     

Search Results: 2 Returned

Attorney Name (Click name for details) Registration Number   City   State   Year Admitted   Registration Status
1   DANIEL BARNETT LEVINE     4312963           2005   Delinquent
2   DANIEL BARRETT LEVINE     4581195   New York   NY   2008   Currently registered
 
   I am fairly sure that the Daniel Barrett Levine who works at a prominent NY firm in the area of financial transactions predominantly relating to China is not the drafter of the letter or the Dan B. Levine indicated on the bottom.    
   It is also my understanding that the Disciplinary Rules do not allow practice under a trademark name like Copyright Defense League, but perhaps those rules have changed in today’s legal marketing world. I note that the letter also appears to be discussing referral of legal fees and sharing of legal fees that I know is still strictly regulated. 

   Of course, if Dan B. Levine is not a registered lawyer in NY or if his registration has been suspended this entire communication is improper.  I ask that you look into this communication and determine whether I am correct that it appears to cross several lines.

   Please feel free to give me a call if you have any questions regarding the above.
                     Sincerely,

                     OSCAR MICHELEN

OM:sjk                

338

Getty Images Letter Forum / Re: Got 3rd Getty Letter Now I'm Not Sure

« on: September 11, 2012, 06:37:40 PM »

Cowgirl - I doubt you will hear anything further and unless they accept your offer I would not correspond with them anymore. 

SG - As usual, your work on that poster is on the money!

339

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: September 11, 2012, 06:34:11 PM »

Not surprised at the Washington AG's response with a form letter Greg, but"Keep Fighting!"  It is important that the Copyright Office receive some feedback from folks who are hit with trolling letters as they are undoubtedly getting hit with a wave of communication and suggestions from the other side's lobbyists.

340

Getty Images Letter Forum / Re: Copyright Office Adopts Pilot Program Regarding Registration of Photographs

« on: August 24, 2012, 08:58:24 AM »

The Copyright Office is being lobbied by PACA and others but still did not do all they wanted with these new trial programs. The CO would not want to get repeatedly slammed by federal judges or someone there will lose their high ranking well paying low stress government appointment. So they have to balance doing what the folks that are buying them lunches, dinners and trips to speak to interest groups want against covering their butts and remaining employed.

341

Getty Images Letter Forum / Re: Aloha plastic Surgery update

« on: August 24, 2012, 08:55:15 AM »

Robert:  that's the regular pace of Federal Litigation of this type. It only moves quicker if there is an injunction in place stopping someone from doing something regarding their business.  Then it can get resolved in a matter of weeks or months sometimes.  One thing folks often forget is that Federal judges also have a substantial criminal calendar.  Criminal cases take priority and must move more quickly through the system than civil cases. In addition, everyone who appeals a denial of a social security disability claim gets into Federal Court. These cases also clog up a judge's calendar. Finally, Federal judges like to set long dates like this and then never move them rather than set short ones that keep getting adjourned. 

342

Getty Images Letter Forum / Re: I'm done worrying about it.

« on: August 24, 2012, 08:51:10 AM »

I agree with Matt's position and would not write more than one letter if i were you. Doesn't pay to engage them beyond the one time.

343

Getty Images Letter Forum / Re: Copyright Law Group Settlement Demand Letter (Attorney Mike Meier)

« on: August 18, 2012, 11:58:42 AM »

I am sure SoYoung lives with the association to her namesake film and others because of the sizeable checks porn troll victims send in to Mike. This guy makes my skin crawl.  Great work on the research as always Robert

344

Getty Images Letter Forum / Re: Image scraping: The Newsblur angle.

« on: August 18, 2012, 11:54:18 AM »

I agree with Robert - send repeated DMCA requests when he copies your content. You will be in much stronger position if you decide to sue as well. 

345

Getty Images Letter Forum / Re: Copyright Office Adopts Pilot Program Regarding Registration of Photographs

« on: August 18, 2012, 11:48:25 AM »

The comment from the Copyright Office posted by Moe was very helpful. And they are to be commended for their eCO process which has helped many folks simply register their copyright online. While it would be overly expensive to construct a searchable image recognition database, at the very least they should require that each photograph be individually named, titled or otherwise identified at the time of filing along with the name of the author of the image. Also, they should recognize that if folks cannot search their registration base for the exact image through recognition software, then they should be held to lower standard if they are found to be using a registered image without authority. The street is two-way: if the US Copyright Office cannot make registered digital images searchable, then alleged infringers should not be treated like someone who infringed on a findable registered work. Setting a different damages schedule -including a one-time free pass upon notice (like the DMCA) - for any infringed work that is not searchable would put an end to registration issues and this whole extortion scheme.