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Messages - Moe Hacken

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346
Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question
« on: May 09, 2012, 11:00:30 AM »
Aren't there two HAN/VKT cases going to court soon? Would it help them? I certainly agree that there's a lot of value in fighting back by simply exposing the cartels that engage in this most despicable business model. I also agree that making their vendors worry about reputation issues has a lot of value. Perhaps some of the better law firms involved could care about their reputation when they realize the scheme their clients are up to. Perhaps they're fully aware and drink the Kool-Aid with relish.

347
Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question
« on: May 09, 2012, 08:58:57 AM »
I don't see much hope for those who folded getting any money back no matter what happens to HAN/VKT. I find that very irritating, but they should have never signed on the dotted line.

HAN and VKT may be facing some serious blowback if a judge calls them on their trap, especially if it can be proven that they intentionally planted bait or even if they just passively allowed the bait to disseminate so they could take advantage. If that happens, the money they got from those who rolled over will probably become a defense fund for the trolls.

Many people here have said it: They'd rather pay the money defending themselves than cave in to dishonest threats from yuppies in starchy suits. I personally believe fighting back is virtually a moral duty. If no one fights back, they will divide and conquer every one of their victims.

Any reasonable judge should be able to see, based on the information that's already publicized on this forum and elsewhere, that while each single case can be built to have the appearance of legal propriety, when you look at the circumstances of likely entrapment and the shameless execution of a business model based on legal bullying and fear tactics, each individual case loses merit.

If there is something we can do to help the current defendants against HAN/JKV, we should do it. This could be pivotal in creating case law that effectively eliminates this model. If this precedent is set with the stock image trolls, it may also help with other intellectual property trolls surfacing from every storm drain in America. This extortion model is being applied to music, videos, text, anything than can be branded.

Lettered gave Matthew a suggestion some time ago about filing an amicus ("friend of the court") brief on behalf of the defendants in the HAN cases explaining our findings about the HAN/VKT baitpaper cartel, and turning over all of the information we have on each and everyone of the images he's tainted the information society with. Or at least the ones we're aware of, who knows how many there really are.

Mr. Tylor, by the way, is no longer a Jehovah's Witness. He left the group because of philosophical issues with the prohibition on receiving blood transfusions and receiving organ transplants, among other issues which he describes at length in a post on a forum for folks who have left that group. I want to point this out in fairness to the Watchtower Society. The Jehovah Witnesses I am acquainted with are very nice, sincere and honest people.

But enough about VKT. Let us not forget the other player in the cartel, Hawaiian Art Network LLC. In an earlier post, Matthew found that the place is run by a person by the name of Glen Carner:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/hawaiian-art-network-settlement-demand-letter-collection/15/

In the same post, Buddhapi strikes gold by finding a page created on Brothersoft.com (be careful with that site, their stuff is polluted with viruses!) where apparently Mr.  Glen Carner actually had the audacity to hang some baitpaper under his own name (!!!!), which you can still go and nibble on if you would like to bait the baiters:

http://publisher.brothersoft.com/glen-carner.html

I think Mr. Carner would have some explaining to do to a judge about this. If I were him, I'd be asking who you have to give foot massages to at Brothersoft to take that page down right after reading this post (you do read this, don't you?).

You know what, though? A lot of us have gone to the Brothersoft page and saved web archives of this nifty little free gift. Besides, it's probably all over Wayback Machine, one of their favorite tools of the trade.

Here's the post from Lettered regarding the amicus brief:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/breaking-new-ground-with-amicus-briefs/

Once you get the big picture, you can see this is not just about intellectual property rights. It's also about intellectual property wrongs.

348
Interesting. Could this be the same Ivan Kopas?

http://www.myspace.com/kopasmusic1

The page is partially in Spanish, and the title tag of the page reads "Musica gratuita", or "free music".

I couldn't find any free music, it all had a "Buy" button. I did listen to the samples. Meh.

349
Buddhapi, I'm thinking that may have happened already or may happen at some point. I wonder if someone's scrambling for receipts and licenses as we speak. Maybe they get stock photos as an advance for their services. They don't call it a comp for nothing.

351
Update on Conrad & Scherer stock photo inventory: the home page image slider features a picture of two very well-groomed individuals in suits. That particular image was matched 280 times or so by Google advanced search. I'm trying to find where they sell that.

At the bottom of the page, Google offers a category titled "similar images". One of them really got my attention. It may be the first sighting of copyright trolls in South Florida:

http://www.northeastofnorth.com/wp-content/gallery/neon-10/NEoN10%20pics%20005.jpg

You can't make this stuff up.

352
The attorneys seem well groomed. Their website has an air of professionalism. Nice portrait photography.

It must be noted that the attorneys also use stock photography on their website. On the home page, there's an image of a crane seen through a window as part of a Flash slideshow. That image of the crane can be matched with over 50 different websites, mostly concerned with construction and real estate. It has different filenames all over the place. One only need to use Google advanced search, no need for PicScout or TinEye. Those may even find more matches, among them the proper copyright owner of the image.

Surely they have the receipts and licenses for all of those on file and at hand in case anyone asks to see them on demand. They wouldn't want to expose themselves to an $8,000 claim.

353
Getty Images Letter Forum / Re: 2 Clients with Getty Letters
« on: May 08, 2012, 05:22:12 PM »
I second Stinger's motion. Congratulations and thanks, Buddhapi.

354
Getty Images Letter Forum / Re: Notification of Case Escalation
« on: May 08, 2012, 05:16:16 PM »
Buddhapi, again you're absolutely right. This is just ONE image! We could repeat this exercise with any image in his "Hawaii 2000" set, or any of the sets and individual works registered under his name. Would we get similar results?

It's sad to see instances like little Hannah Montana collages on deviantart.com pages, a site that is very popular with high school and college kids with creative inclinations, were included in the TinEye results. Those have been taken down for the most part. One has to wonder if they squeezed the parents for a few hundred bucks in all those cases or if they were decent enough to let them go with a "cease-and-desist" request.

355
Getty Images Letter Forum / Re: Notification of Case Escalation
« on: May 08, 2012, 03:40:02 PM »
PicScout and TinEye use pixel matching algorithms to detect even a very small portion of an image coming directly from another image. If the pixels match exactly even on a 72x72 pixel sample, they can make a case that it's nearly impossible it didn't come from the same image. The extent of manipulation of an image is a very vague notion out there, almost myth-like. If you used any portion of the image in question and it can be "recognized by the artist" (albeit only by using very sophisticated software), then they feel the can come after you.

I'll give you an example of an image that was being given away explicitly as a free background seamless tile by a person who remembers pulling the original image from a royalty-free stock photography CD-ROM you could buy anywhere. She remembers this happening about 10 years ago. She used cloning and stamping techniques to create a sort of collage image tapestry:

http://silviahartmann.com/background-tile/images/island-paradise-tile.jpg

Now here's the image in question, a work claimed by Vincent Khoury Tylor and Hawaiian Art Network LLC:

http://photo.net/photodb/photo?photo_id=1181042&size=md

In my mind there's little question that this VLK image was the source used for the seamless tile. Would you say it's been altered 20%? 50%? 75%? Mister Tylor feels he has been ripped off to the tune of over $8,000 in spite of the fact that he sell a 4x6 print of the very same image for $10.00:

http://www.hawaiianphotos.net/detail.aspx?ID=2

So while I agree that in fact his image was used (if you use photoshop layers, you can see the pixel match on the palms and waves), I have to question a couple of things. First, did Mister Tylor sell his images away to some stock clearinghouse company way back in 2002, maybe one by the name of Webshots, and then turned around in 2009 and registered a large batch of images under his name?

The specific title is not in the copyright.gov records, it's included in a batch registration titled "Hawaii 2000" and registered under the name of a person who appears to be Mister Tylor's wife.

The TinEye archive shows a cached image of the photo in question which had been posted on Webshots.com. Mr. Tylor is a member in good standing and if I don't remember wrong, this image was still posted on webshots only a few days ago. I clicked on the link and got an "under maintenance" page instead of the image. See if that's what you get:

http://www.webshots.com/pro/photo/3158696

This image is present in so many "innocent infringement" scenarios, it's not even funny. It could be Mister Tylor's image was pulled out of the stock CD virtually everywhere in the free world where you could buy it, and anyone who had paid for the CD was "seeding" the internets with this image.

Heck, I even found it used as a PRINT PRODUCT! Of all things, a jigsaw puzzle being offered in the Italian version of eBay! Isn't this copyright abandonment? It's been out for years on CDs, websites, print products, etc. I could have purchased (and still can!) the 1,500 piece version of the puzzle for a mere 13.50 euros! Notice the absence of his watermark on the lower right hand corner:

http://www.ebay.it/itm/PUZZLE-1500-PZ-CLEMENTONI-73193-31937-84X59-HAWAIAN-PARADISE-CASAFASHIONITALIA-/330726338079?pt=Giochi_da_Tavolo_e_Puzzle&hash=item4d00d36e1f

There are so many different versions of this image out there that have been used by kids, nonprofits, AOL grannies, and all kinds of imaginable demographics, and it has been repurposed so many times for so many uses, I'm tempted to do a slideshow including every iteration of this image. Some of them made the coffee come out of my nose, such as:

http://photos1.hi5.com/0032/775/723/HDiLX3775723-01.jpg

http://www.lug.bg/images/tve1.jpg

Hey, it's even been on TV! I wonder how many million bucks they owe for that.

There's definitely something very strange going on with this image. Check out the TinEye database results for more information. Here's the URL for the search:

http://www.tineye.com/search/6574c84bf7c5e132b42d04ed16dca0c7e7565253/?page=1&sort=score&order=desc

One thing is for sure. This image inspired the "eye cheese" sensibilities of lots of people all over the world. Let's give respect where it's due.


356
Hawaiian Letters & Lawsuits Forum / Re: Vincent K Tylor Tuesday!
« on: May 08, 2012, 02:30:26 PM »
Thanks for the links, Buddhapi. They do give us some insight about the person behind the letters.

I must say that was one very nice watercolor, didn't you think?

357
Thanks, Lucia, you've shared some great advice on this topic. I just laid out the bot trap today and it didn't take an hour before this came in. I'll be keeping an eye on these patterns and keep reporting. I do get a fair amount of traffic from Baidu, which as you say is pretty much worthless to me.

358
Following the great advice given in this forum about setting up bad bot traps to harvest IPs that need to be blocked, I caught a crawler ignoring my robots.txt file. It was an IP address from China pretending to be a Baidu crawler. It turned out to be registered by these people:

https://www.markmonitor.com/solutions/role_based_solutions-legal.php

Towards the bottom of the page they mention how they can ...

"detect infringement using the industry’s widest monitoring net"

Which apparently means snooping around with incognito crawlers to see what they can find. This broadens the Intellectual Property Crawlerbot playing field beyond images to include games, media, music, and just about anything that can be branded including text copy. Let's hope they don't intend to emulate the extortion letter business model. I think I'll block their IP anyway.

This is what you need to block to keep them out of your server:

IP address: 123.125.71.110
User Agent: Mozilla/5.0 (compatible; Baiduspider/2.0; +http://www.baidu.com/search/spider.html)


359
Matthew, I'd like to send you a comment offline. I tried using the forum message feature but it didn't work. May I use the email address for requesting a phone interview? Please advise.

360
Buddhapi, thanks for those links. I had read one but missed the connection with the other. I can see where they're going with this and it looks like a good angle.

If either defendant can use help with the research, I'd be more than glad to help. I'm continuing to look for patterns in the distribution of the one image from the case I'm aware of.

You most definitely deserve the rank of Hero Member.

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