Messages

451

Hawaiian Letters & Lawsuits Forum / Re: Popular Local radio Station ~ HAN & VKT

« on: January 29, 2012, 07:28:15 PM »

Thats really the purpose of this site to expose whats going on , share information and help the unknowing who get caught up in this situation.

452

Getty Images Letter Forum / Re: Template Monster

« on: January 29, 2012, 07:26:29 PM »

TM has long had the policy that they will handle Getty claims on behalf of folks who used their templates - provided however you can prove you purchased a TM template. Thats the problem - so many people do not keep track of those purchases and cant find the proof when they need it. 

453

Getty Images Letter Forum / Re: Introduction

« on: January 29, 2012, 07:24:21 PM »

Welcome to the discussion.   It is always great to have added voices that take this topic seriously and contribute intelligently. 

454

Getty Images Letter Forum / Re: A letter to my Congressman and my two Senators

« on: January 10, 2012, 11:02:27 PM »

Well said Mulligan

455

Getty Images Letter Forum / Re: Name for Members of the ELI Defense Team

« on: January 10, 2012, 10:59:50 PM »

SG:   I had been toying with the idea of creating a character named "Eli" to represent the site as a logo/mascot. I pictured a smallish, bookish type of person somewhere between Harry Potter and Where's Waldo. While I get Matt's idea to perk up the concept, I think we lose some credibility if we get too campy (anyone ever see "Mystery Men") but a cartoonish logo of a bespectacled librarian type who shields people from spurious claims might be a happy compromise What do you guys think?

456

Getty Images Letter Forum / Re: Name for Members of the ELI Defense Team

« on: January 10, 2012, 07:01:49 PM »

How about "Members of the ELI Defense Team?" 

457

Getty Images Letter Forum / Re: Alternative names for Extortion Letters

« on: January 10, 2012, 03:54:12 PM »

Matt and I have certainly caught enough grief over the years over the term "extortion" to the point where I have started collecting  uses of the term colloquially in the media or in court papers to be able to show to those offended by its use. I highly doubt that Matt will ever change the name of the site nor do I think he should.  I also am always amazed at how some are hurt by the term "extortion" yet in their own extortion letters they accuse the end user of "Stealing" and  "theft" without any proof that they stole anything.   

458

Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers

« on: January 10, 2012, 03:50:05 PM »

Whether HAN or someone associated with HAN seeded the images, if HAN knew about their images being plastered all over free sites like this and did nothing to enforce their copyrights, while a court may still find that a user infringed, the damages awarded would likely go way down.  Courts can take into consideration whether a copyright holder has selectively enforced his rights or allowed his works to be used without reproach in determining how much to award. 

459

Hawaiian Letters & Lawsuits Forum / Re: CPM Legal Settlement Demand Lettter on Behalf of Hawaiian Art Network

« on: January 05, 2012, 06:47:43 PM »

I cannot believe the response time and work done on this issue by this forum!  All I can say is I am glad I am  on your side!

460

Getty Images Letter Forum / Re: No Acknowledgment From Oscar

« on: January 03, 2012, 11:52:40 AM »

Glen: The letter went out on October 12, 2011. I just sent a copy to your email address. 

461

Getty Images Letter Forum / Re: RIAA case...held to cost of single license fee

« on: January 03, 2012, 11:50:00 AM »

To be safe, I have been advising people to use the date of the first letter they received from Getty as the start date for the SOL (short for statute of limitation or when Getty will be s**t out of luck in trying to collect on its claim). While it is obvious that they have discovered the infringement at some point prior to the issuance of the letter, the letter date is the date by which even they cannot dispute the clock began to run. As far as the issue of whether Getty would be able to even release you from any future claims if they don't have standing, the answer is they would not be able to do so. What happens in IP lawsuits is that the settlement agreement includes representations that the plaintiff has the exclusive right and then the plaintiff also agrees to indemnify and hold the defendant harmless should someone else come along and sue the defendant after he has settled with the plaintiff. This is standard language and Getty will likely agree to it should you decide to settle with them.. If they don't agree,  don't settle.     

462

Getty Images Letter Forum / Re: Just a quickie!

« on: January 03, 2012, 11:42:14 AM »

Let's hope 2012 is as good as 2011 was for this issue in courts of law and in the court of public opinion! 

463

Getty Images Letter Forum / Re: I have 2 questions for everyone

« on: January 03, 2012, 11:39:35 AM »

It is highly unlikely they will sue over one image for reasons that have been posted all over this forum countless times.  Keep us posted

464

Hawaiian Letters & Lawsuits Forum / Re: Another Law Firm to add to the growing list of HAN attorneys

« on: January 01, 2012, 12:57:38 PM »

 

465

Getty Images Letter Forum / Re: I have 2 questions for everyone

« on: January 01, 2012, 12:57:08 PM »

Advernet was indeed a unique situation as reading the complaint will show you. Getty has sued a handful of time since 2004/2005 when they started this. They have not sued in the last few years to my knowledge and certainly no one has ever reported that to our forum. All of the 5 or 6 lawsuits they filed involve around 30 images or more. To answer question #1 people do pay the demand amount or settle for a few dollars less and pay. I hear form them all the time after they find this site after having made payment